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Full text of "Laws of the state of Illinois : passed by the ... General Assembly at their ... session"

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ILLINOIS STATE LIBRARY 
SPRINGFIELD 

1348 ILLI 1836-37 l-A 

Illinois. Laws, statutes, etc. 
Laws of the State of Illinois passed by 
the 10th General Assembly 

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Demco, Inc. 38-293 



I^A^WS 



STATE OF ILLINOIS, 



BY THE TENTH GENERAL ASSEMBLY, 



AT TIIEia SESSION 



Commencing December 5, 183G, and ending March 6, 1^1. 




PUBLISHED IN FUKSUAKCE OF LAW. 



7332302 



V A N D A 1. 1 A : 

WILLIAJI \VALTEHS, PmLIC rHIXrEr, 

1837 



^ 



'l2SG'S7 
C'^ L.AWS. 



AN ACT making partial appropriations. In force Dec. 

24,1836. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Auditor of ^^'tial appro- 
public accounts be, and he is hereby required to draw his membeis 
warrant on the Treasury for the sum of one hundred dol- clerks, &c. 
lars to each member of this General Assembly, and a like 
warrant to the Speaker of each House, the Secretary of 
the Senate, and Clerk of the House of Representatives, 
and assistant Clerks of each House, to each of the En- 
rolling and Engrossing Clerks and Door Keepers of each 
House. 

Sec 2. The warrants required to be issued under the warrant not 
provisions of this act, may be made out signed and deliv- required to b 
ered by the Auditor, without being countersigned by the countersigned 
Treasurer. ^^ Ireasurer. 

Appuoved, Dec. 24, 1836. 



AN ACT making appropriations for the years 1837 & 1838. In force 

March 4, 1837. 
Sec. 1. Be it enacted hy the People of the Stale of Illinois, 
represented in the General Assembly, That the sum of eight Contingent 
thousand dollars be, and the same is hereby appropriated f""'^- 
as a contingent fund, to meet the contingent expenses for 
the years 1837 and 1838. Said fund shall be subject to the 
order of the Governor, for the purpose of defraying all 
such expenses as are unforeseen by the General Assembly 
or otherwise unprovided for by law, and a proper state- 
ment of which shall be laid before the next General As- 
sembly of this State by the Auditor in his biennial report. 

Sec. 2. The sum of three thousand dollars is hereby ap- incidental e x 
propriated to defray the incidental expenses of the Peniten- penses of Peni 
tiary for the years 1837 and 1838, and the balance due the tentiary. 
Warden of the rcnitentiary for the year 1836. Said fund 
shall be subject to the orde'r and duTction of the Inspec- 



^ APPROPRIATIONS. 

tors of the Penitentiary, and the detailed statement of all 
such expenses shall be laid before the next General As- 
sembly of this State, shewing particularly the manner in 
which the same may have been expended. 

Sec. 3. The following sums be, tmd the same are here- 
fcaianes. ^^ appropriated in full for the salaries of the several ofli^ 

cers hereinafter mentioned, for the years 1837 and 1838. 
1st, To the Governor, two thousand dollars. 
2d. To the Auditor of Public Accounts including clerk 
hire, three thousand two hundred dollars. 

3d. To the State Treasurer, including clerk hire, three 
thousand two hundred dollars. 

4th. To the Secretary of State, including clerk hire and 
copying of laws, two thousand two hundred dollars. 

5th. "To the Judges of the Supreme Court, eight thous- 
and dollars. 

6th. To the Judges of the Circuit Courts, ten thousand 
five hundred dollars. 

7th. To the Attorney General and State's Attorneys, 
three thousand seven hundred dollars. 

8th. To the "Warden of the Penitentiary, sixteen hun- 
dred dollars. 

0th. To the agent of the Ohio Saline, four hundred dol- 
lars. 

10th. To the Secretary of the Council of Revision, fy^ir 
dollars per day. 

Sec, 4. That there shall be allowed to the 5'peaker of 

SspSfsand the ^'enate and the /Speaker of the House of Representa- 

Membeisofihe tivcs, thc sum of six dollars per day, and four dollars for 

General As- every twenty miles necessary travelling in going to, and 

y- returning from the Scat of Government of the *S'tate. 

3d. To each member of the 5'enate and House of Rep- 
resentatives, the sum of four dollars per day for every 
day's attendance at the present session of the General As- 
sembly, and four dollars for every twenty miles necessary 
travel in going to, and returning from the Seat of Govern- 
ment of this State. 
Secretary of 4th. To the Secretary of the Senate and principal Clerk 
q"o-''' Tf^ , of the House of Representatives, six dollars per day. 
Houses. '^'•'i' To the assistant Clerk of each House, five dollars 

per day. 

6th. To the Engrossing and Enrolling Clerk of the 
House of Representatives, five dollars per day. 
Door Keeper. 7th. To the Door Keeper' of each House, four dollars 
per day. 

8th. To the Secretary of the Senate and Principal Clerk 
of the House of Representatives, the sum of three hun- 
drcdand fifty dollars each, forfurnishing a copy of thc Jour- 
nals for the press. 



AiPPROPRIATTONS. 5 

9tli. To each member of the committee appohited to Co.ranhtees 
examine the State Bank of lUiaois, the sum of four dollars Jl^-'^^^^^;;^ 
for every twenty miles necessary travel in going to, and ami'the Bauk 
returning from Springtiekl. at Shawnee- 

10th. To each member of the committee appointed to '°^'^"" 
examine the Bank at Sha-vvncctown, the sum of four dol- 
lars for every twenty miles necessary travel in going to, 
and returning from Shawneetov/n. Said compensation 
vfhen due the members and officers of the Senate, shall ^?'^ *° '^°*^''-" 
be certified by the Secretary thereof, except his own, 
which shall be certified by the Speaker; and said compen- 
sation when due the members and officers of the House of 
Representatives, shall be certified by the Principal Clerk, 
except his own, which shall be certified by the Speaker; 
which certificate, so made out, shall be a sufficent voucher 
to the Auditor to draw his warrant on the Treasury for 
the amount to which each person shall bo entitled as afore- 
said, to be paid out of any money in the Treasury not 
otherwise appropriated. 

Sec. 5. The Auditor of Public Accounts shall issue his Duty of Audi- 
warrant on the Treasury in favour of the diiferent '°'- 
persons hereinafter named, for the several sums annexed 
to their respective names to wit: 

9d. To Walter B.. Scafces, the sum of teir dollars for two 
days services o.s Clerk pro-tempore for tiie House of Rep- ^^- J^- Scates. 
resentatives. 

3d. To Jefferson Weatherford, the sum of seven dollars j. Weatherfoid 
cash advanced for amount paid to an assistant to furnish 
wood during the present session, the sum of one dollar and 
twenty-five cents per day: 

4th. And for a person employed by him to sleep in the 
State House during the night, to preserve it from fire, the 
sum of two dollars and seventy-five cents per week. 

To Bazil B. Craig, the sum of eight dollars for two days „ t> ^^ ,• 
services as Door Keeper pro- torn to the House of Repre- 
sentatives. 

5th. To Henry Eccles, the sum of five dolkirs and fifty II Eccias, 
cents, for articles furnished for the use of the State. 

6. To C. B. Blockburger, the sum of twelve dollars and C. C'Block-^ 
fifty cents, for articles found and services rendered the bm-gev. __^^ 
State. 

7th. To the Engrossing and Enrolling Clerk of the 
House of Representatives, the sum of twenty-five dollars 
for room rent. 

8th. To William S. Marshall and Co., the sum of thir- W^8 .Marshal 
ty-one dollars fifty-nine and a half cents, for articles fur-^ 
nished for the funeral of the Hon. David Nowhn- 

9th. To Jarvis Forehand, the sum of three dollars per j. Forehand 
day for his attendance on the Council of Revision, the 



APPROPRIATIONS. 



number of days to be certified by the Council of Revi- 
sion. 

10th. To Stout and Johnson, the sum of two hundred 
and five dollars thirty-seven and a half cents, for stationa- 
ry furnished for the use of the State. 

To Augusta Peebles, the sum of nineteen dollars per 
month, for the rent of a room for the Council of Revision, 
the time to be certified by the Secretary of the Council. 

To Jarvis Forehand, the sum of twenty-one dollars, for 
attendance on the Council of Revision at the last session 
of the Legislature. 

To Henry Smith, the sum of srxty-nine dollars sixty 
eight and three fourth cents, for articles furnished for the 
funeral of the Hon, Resolved Graham. 

To Blackwell and Eccles, the sum of ninety-seven dol- 
lars and nine cents, for articles furnished for the use of 
the State. 

To A. and II. Lee, the sum of fifty-two dollars, for work 
done on the State House. 

To William Ilodge, the sum of two dollars and fifty 
cents, for work done on the State House. 

To Robert Blackwell, the sum of twenty dollars per 
month, for the rent of a room furnished to the Secretary 
of State, the time to b© certified by the Secretary of State. 

To Robert Blackwell, the sum of twenty dollars per 
mo^thj for rent of a room furnished to the Auditor of Pub- 
lic Aceounts. 

To William Hodge, the sum of one dollar for qualify- 
ing members of the General Assembly. 

To E. Capps, the sura of forty-one dollars twelve and a 
half cents, for articles furnished to the use of the State. 

To John F. Maddox, the sum of six dollars for work 
done on the State House. 

To T. C. Kirkman, the sum of eight dollars, for quali- 
fying members of the House of Representatives. 

To Moses Philips, the sum of twenty dollars for articles 
furnished for the funeral of the Hon. David Nowlin. 

To Jacob C. Bruner, the sum of seventy dollars eighty- 
seven conts, in full for his salary as Warden of the Peni- 
tentiary. 

To Mrs. Briggs, the sum of fifteen dollars. 

To William H. Marshall and Co., the sum of five dollars 
forty-three and three fourth cents, for articles furnished 
the State. 

Wm.L.Gravea To William L. Graves, the sura of nineteen doUlars, for 
work done on the State House. 

To William Walters, the sum of fifteen dolhirs per 
month, for the rent of a room for the use of the Treasur- 
er; the time to be certified by the Treagvuxr, 



Stout & John' 
son. 

A. Peebles. 



J. Forehand. 



II Smith. 



Blackwell & 
Eccles. 



A. &■ H. Lee, 



Wm. Hodge. 



R. Blackwell. 



,R. Blackwell, 



W. Hodge. 



E. Capps. 



J. F. Maddox. 



T,C. Kirkman. 



.M, Philips, 



^. C. Brimev. 



Mrs. Criggs. 
W-S. Marshall 
and CO. 



Win. Walters, 



APPROPRIATIONS. 7 

To William Walters, the sum of twelve dollars per ^y^ Walters 
month for the rent of a room for the use of the Clerk of 
the Supreme Court, the time to be certified by the Clerk. 

To William S.Marshall and Co., the sum of three hundred ^^ g ^j^,^ 
and twenty-two dollars and twenty cents, for stoves and shaii'&'co. 
other articles furnished for the use of the State. 

To the Clerk of the Committee appointed to examine Clerk of com- 
the State Bank of Illinois, the sumof four dollars per day, '"'"^^• 
to be certified by the Chairman of the committee. 

To William Linn, the sum of forty dollars, for articles Wm Linn, 
furnished for the use of the State. 

To the Judges of the Supreme Court, the sum of two Judges of Su- 
hundred dollars per year in addition to their present sala- pieme Court. 
ry. 

To the Judges of the Circuit Courts, the sum of two Judges of Cir- 
hundred and fifty dollars per year in addition to their pre- "^"'"^ Courts. 
sent salary, except in the sixth circuit. 

To the Auditor of Public Accounts, the sum of four Auditor. 
hundred dollars per year for additional Clerk hire. 

To the Secretary of State, the sum of three hundred Secretary of 
dollars for additional Clerk hire. ^'^*^- 

To the second assistant Clerk of the House of Repre- Clerk of House 
sentatives, the sum of four dollars per day, the number of 
days necessarily employed to be certified by the Princi- 
pal Clerk. 

To Joseph Green, the sum of one hundred and fifty dol- Joseph Green. 
lars, the amount paid hy him out of his own private funds 
to Josiah Crocker, for the apprehension of Timothy Ben- 
net a fugitive from justice. 

To James M. Duncan, the sum of thirty dollars, for a Jas. M. Dun.f 
ten plate stove and pipes furnished for the use of the Su- *^^"- 
preme Court of this State. 

To John D. Gorin agent of the School House in Van- John D. Gorte 
dalia, the sum of twenty-seven dollars and fifty cents, for 
eleven weeks rent of said house, for the use of the Su- 
preme Court. 

To William H. Henderson, the sum of two dollars per Wm. H. Hen-? 
day, for acting as Clerk to the committee on Roads and Person. 
Canals for twenty days. 

To George W. Forsyth, Josiah Fisk and Wm. H. Hen- G. w. For- 
derson, the sum of four dollars per day each, for assisting ^y^^- 
the Engrossing and Enrolling Clerk of the House of Rep- 
resentatives, the number of days necessarily employed to 
be certified by the Engrossing and Enrolling Clerk. 

There shall be appropriated out of the avails of the Appropriation 
Vermillion Saline Lands, the sum of three hundred y^^.^ ^nLn s^-^ 
dollars to be drawn by, and expended under the direction une lands. 
of Edward T. Morgan and Isaac Reed, on the road leading 
from Wiggins' Perry to the bluff, near the residence 
of iWichael Palmier in the county of Monroe. 



8 APPROPRIATIONS. 

Presi lent an 1 The President and acting Commissioners of the Illinois 
actJngCommis- ^^j,(^j .Michigan Canal shall be entitled to five dollars each 
noil and Mich- P*?i' <^^y^ ^o"" thclr Bcrvic's foF the time actually and bona- 
igan canal. fide engaged in the discharge of their respective duties, 
payable out of the Canal Fund quarterly, which shall be 
in lieu of the salary and compensation heretofore allowed 
said Commissioners. 
A. & H. Lee. To A. and II. Lee, the sum of eight hundred and sixty 
eight dollars, for work to be done on the new State House, 
to be paid agreeably to a contract entered into with the 
said Lees, by the joint select committee of the General 
Assembiy, and on file in the office of the Secretary of 
State. 
Additiouai Slim For copying the lava's and making marginal notes, and 
ofStai»7o7^o'^ making an index to the same, comparing the printed sheets 
yingthe laws. With the enrolled bills of the present session of the General 
Assembly, in addition to the allowance already made, the 
secretary of state shall receive the sum of five hundred 
dollars. 
J. F. Owin-s. To James F. Owings the sum of thirty dollars and fifty 
cent?, for services rendered the joint committee upon the 
State Bank of Illinois and branches, in copying docu- 
ments &c. 
Daniel Camp- To Daniel Campbell the sum of sixteen dollars and tvs'en- 
'^®^'" ty-five cents, for cash advanced. 

a. B. Servant. To Richard B. Seivant, the sum of twenty dollars, for 
unavoidable expenses in returning from Springfield, as one 
of the committee to investigate the State Bank of Illinois. 
Wm. Hodge. To William l-]odge,the sum of eight dollars, for qualify- 
ing members of the Senate. 
N. Parker. To Nathaniel Parker, the sum of ninety dollars for 

services rendered as agent of the State. ■ 
Wm. Hodge. To William Hodge, the sum of twelve dollars, for four 

tables furnished the State. 
Wm.G Flood. To William G. Flood, the sum of forty dollars for eight 
days services as secretary pro tem., during the illness of 
the secretary 
J. B. Thomas. To Jesse B. Thomas, secretary of the Senate, and Wil- 
liam G. Flood enrolling and engrossing clerk of the Senate, 
the sum of forty dollars for room rent. 
G. W. Caruth- To Georgc W. Caruthers, the sum of ten dollars for as- 
CTs. sisiing the secretary of the Senate two days. 

W. c. Green- To" William C. Greenup, the sum often dollars for assis- 
"P- ting the secretary of the Senate two days. 

State House. The 5um of oiic thousand dollars, or so much thereof as 
. may be necessary for finishing the lov/er rooms in the 
State House for the public oflicers, shall be paid out of the 
contingent fund, under the direction of the Auditor and 
Treasurer. 



APPROPRIATIONS. 9 

To the enrolling and engrossing clerk of the Senate, theCieihofSenaio 
8um of five dollars per day. 

To the assistant sergeant-at-arms, the sum of four dol- Assistant Sevg. 
lars per day, the number of days to be certified by the sec- ^'^-'^i'™^. 
cretarj of the Senate. 

The sum of three dollars is hereby appropriated to E. ^- D. Baker 
D. Baker, for stationary for the use of the' c6mmittee to 
investigate the condition of the State Bank of Illinois. 

The sum of fifty dollars is hereby appropriated to Ebe- K- Cappe. 
nezcr Capps, for the use and rent of a room for the com- 
mittees of the present General Assembly. 

The sum of iifty-tv^^o dollars is hereby appropriated to Wm. Kodga. 
William Hodge, for assisting the Engrossing and Enrolling 
CJerk of the Senate, thirteen days. 

The sum of thirty-two dollars is hereby appropriated Chas. V. Dyar. 
Co Charles V. Dyer, for eight days services assisting the 
Engrossing and Enrolling Clerk to the Senate. 

The sum of twenty dollars is hereby appropriated to J. j. w. Whit- 
W. Whitney, for five days services assisting the Engross- "sy. 
ing and Enrolling Clerk of the Senate. 

To the Sneaker pro tern of the House of Representa- Speaker pm 

,• • J 11'^ J 1-1 • • j-i t -i tern of the H.R. 

lives, SIX dollars per day,vi^hile serving in that capacity. 

To the estate of J. Y. Sawyer deceased, for printing and Estate cf J, Y, 
publishing the non-resident tax list of Adams county, eigh- Sawyer. 
tj-three dollars sixty-four cents. 

To the estate of J. Y. Sav/yer deceased, for six per Estate of J. Y 
cent upon the amount of printing thclaws of 1835 and '6, Sawyer. 
which was deducted by the Auditor, one hundred and for- 
ty-one dollars and eighty-four cents. 

That the sum of fifty dollars be, and the same is here- Adm'r. of Ty, 
by appropriated to the Administrator of Tyler D. Hewit ^"^ D. Ilewit. 
late Commissioner of sales of Saline lands, for making tho 
maps of the Saline reserve, to be paid out of the money 
arising from the sales of Saline lands not otherv^ise appro> 
priated. 

That the sum of fifty dollars be, and the same is hereby Leonard White 
appropriated to Leonard White, to reimburse him for fees 
and expenses incurred in prosecuting injunctions in rela- 
tion to the application of the money by the act of 1827, 
appropriated to the improvement of the Saline river, to be 
paid out of the moneys arising from the sales of the Sa- 
line lands, not otherwise appropriated. 

To the estate of J. Y. Sawyer dccca?ed, tu^elvc dollars Estate of J. Y. 
for printing the bill relating to the establishment of Schools Sawyerdec'd. 
and Seminaries, at a former session. 

To Daniel Campbell, sixteen dollars and fifty cents paid D.Campbell. 
by him for an assistant eleven days, at one dollar and fif- 
ty cents per day, at the present session. T, , ^f^,^ 

•> A J^ ,1 . , ,. IruBlc-us of the 

To the Trustees ot the town 01 ^ amlaha, tnc lot otio^,;,ofVaBda- 



10 APPROPRIATIONS. 

ground on which the old State House stood the last year, 
to be used as they shall think proper. 
Approved, March 4, 1837. 



In force 2nd AN ACT providing for the payment of an appropriation made to Franklin and 
March 1837. JackEon counties, approved Feb. 15,1827. 



Preamble, 



Further pream 
ble> 



Further pream- 
ble. 



Auditor to is- 
•ue warrant. 



Whereas there was an appropriation of one thousand 
dollars, made to Franklin and Jackson counties, by 
an act approved February 15 1827, concerning Saline 
Reserves, a Penitentiary and the impz^ovement of certain 
navigable streams, and the same amended and continued 
by an act approved December 19 1828, requiring the one 
thousand dollars to the above named counties, to be paid 
out of the next avails after the sum of fifteen thousand 
dollars was realized. 

And whereas it appears by the Auditor's report, that 
the sum of eighteen thousand seven hundred and two dol- 
lars, has been realized from the sales of said property, 
while the appropriation to Franklin and Jackson counties 
has not been paid, but that portion legitimately belonging 
to Franklin and Jackson counties, having been paid out 
to other objects, and furthermore said Auditor's report 
representing that the sum of four hundred and eighty dol- 
lars is now in the Treasury the same realized from the sales 
of said property and subject to draft by warrant in favor 
of said counties. 

And whereas it appears from the Auditors report dated 
l9th December 1836, that there is an unappropriated bal- 
ance in the Treasury to the amount of three thou sand 
two hundred and twenty-nine dollars, which accrued from 
the sales of the Vermilion Saline, approved January 19th 
1829, now therefore: 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Auditor of 
Public Accounts be required to issue his warrant upon the 
Treasury, in favor of Franklin and Jackson counties, for 
the sum of one thousand dollars, viz: Whenever an order 
from the county Commissioners Court of Franklin county 
be presented to said Auditor for the receipt of said appro- 
priation — 

That he issue a warrant upon the Treasury for the sum 
of five hundred dollars in favor of said county, and upon 
the presentation of an order from the county court of Jack- 
son county, to issue his warrant in favor of said county, 



APPROPRIATIONS. H 

for the like sum of five hundred dollars, and the said sums 
are to be expended for such purposes as the respective 
county commissioners courts of said counties shall direct, 
any law to the contrary notwithstanding. 

Sec. 2. So much of the act approved Feb. 15 1827, con- Act repealed^ 
cerning Saline reserves, a penitentiary, and the improve- 
ment of certain navigable streams, and the same amended, 
and continued by an act approved December l9, 1828, as 
makes an appropriation of one thousand dollars to Frank- 
lin and Jackson counties, for the object of improving the 
navigation of Big Muddy river, be and the same is hereby 
liquidated. 

Approved, March 2, 1837. 



AN ACT making appiopnations to the couiuiss therein named. In force March 

4th, 1837. 

Sec. 1. Be it enaded by the Peoph of the Slate of Illinois, 
represented in the Genei-al Asseinbly, That the sum of four $400, appro- 
hundred dollars be, and the same is hereby appropriated to }^[.|^gg ^.cxois 
the building a bridge across the Embarass river, where the tiie Embarras 
State road from Charleston in Coles county, to Marshall in ''^'ei- ^ where. 
Clark county crosses the same, or at the nearest eligible 
point to said crossing, which sum shall be paid out of the 
monies which have accumulated from the sales of the 
Vermillion Saline lands not otherwise appropriated, to be 
subject to the order of the county commissioners court of 
Coles county, and to be applied to the erection of said 
bridge in a strong and durable manner, and said bridge And shall be 
shall thereafter be kept in repair by the said county of kept in repair. 
Coles, and shall be free from all tolls or charges for cross- 
ing the same. 

Sec. 2. The sum of three hundred dollars is hereby ap- $300 appro 
propriated to building a bridge across the Em bar- p^^'^^'^^^ ^'^ 
rass river at Newton in Jasper county, which sum is to be 
subject to the order of the county commissioners court of ^jqq ^ppro- 
Jasper, for the purposes herein mentioned, and that the piiated to 
further sum of one hundred dollars be, and the same is g*^J^j^°"°"|^;j. 
hereby appropriated to each of tiie following counties, jj;^^"^j^y^ jyj'J 
viz: Mci)onough, Schuyler, Fulton, Clay, Macon, Mc- con, McLean, 
Lean, Will, Hamilton, Champaign, Edgar, Montgomery, ^^^'^^^ cha™-" 
Franklin, Jefferson, Wabasli, Hancock, Knox, Warren, p°"^^^^ FA^glr, 
Peoria, Marion, and Efiinghan^, the above appropriations Montgomery, 
to be paid to the order of the county commissioners courts f-^"''^^'!; J"^f' 

/. ., ^ , . • , /■ ,1 ferson, Wabash 

ot the several conties above named, out ot the unappro- f^jju^Q^ij^ Knox 
priated avails of the sales of the Vermilion Saline lands, Warren, Peo- 



13 APPEALS AND WRITS OF ERROR. 

ria,'^Mar!on& aiid the. said appropriations to be applied under the direc- 
Effingham, out ^j^^ ^^ ^j^^ countv Commissioners courts of said counties, 

ol tiie iiinub ... "^ I. -, ,, . /-i-i 

arising from the in tlic improvement 01 roads and the erection oi bridges, 
sales of the Vei- also the sum of one hundred dollars to the county of 
landTan^d'how Washington, to be expended by the county commissioners 
to be applied, court of said county, as they may think proper. 
One hundred to ApFROvsD, March 4, 1837. » 

Washington, 



^ AN ACT concerning appeals aud wits of error. 

In force Dec. 

Whenever an- ^'^^* ^' ^^ it enacted by the people of the State of llHnoiSf 
peal or writ oireprcsented in the General Assembly^ That hereafter when 
error from civ- an appeal Or Writ of error shall bo prosecuted from the 
premrcom°t™"J"'^§°'^®'^^^^^'"'y Circuit court of this State, to the supreme 
dismissed, or court, and Said appeal or writ of error shall be dismissed 
judgment af- or the judgement of the circuit court affirmed, it shall be 

d™kciiS "^^^^ ^^^y ^^ ^1^«^ ^^^^'^ ^f ^^^6 circuit court from which said 

?ourt. appeal or v>rrit of error was prosecuted, upon a copy of the 

order of the supreme court dismissing said appeal or writ 

„ . of error, or affirming said iudgments being filed in his of- 

Executionmay r- ^ • p -i-j j. jj 

iMiie. hce to issue execution upon said judgement, and to pro- 

ceed thereon in all respects, as though no appeal or writ 
of error had been prosecuted from said judgement. 

This bill having been laid before the Council of Revision, and ten 
days not having intervened before the adjournment of the Gen- 
eral Assembly, and the said bill not having been returned writh 
the objections of the council, on the first day of the present ses- 
sion of the General Assembly, the same has become ft law. 
Given under my hand, the 6th day of 

December, 1:336. A P. FIELD, 

Secretary of State. 



In force Feb. AN ACT to legulata proceedings by attachment before Justices of the Peace. 
27th 1837. 

Sec. 1. Bz it ,enacted by the people of the Slate of Illinois^ 
represented in the General Assembly, That hereafter, when 
Creditor makes any creditor, his agent or attorney shall make oath before 
eompiaint. any Justice of the Peace in this State, that any person is in- 
debted to such creditor in a sum not exceeding fifty dollars, 
and such person so absconds or conceals himself, or stands 
in defiance of a peace officer, authorised to arrest him on 
civil process, so that such process cannot be served, it 
Justice to grant shall be lawful for the Justice to grant an attachment 
atfaehments. against the personal estate of such person, directed to 
any constable of the county, returnable before himself, 
Proviso. within thirty days from the date thereof, Provided, That 



ATTACHMEiNTS. 1:^ 

upon issuing any attachment as aforesaid, the Justice sliali ^ 
take from the creditor, his agent or attorney, a bond pay- 
able to the defandant with good security, in a penalty of 
double the amount for which the attachment is prayed to be 
issued; conditioned, that such creditor will pay the defend- 
ant all damages which he may sustain by reason of the 
wrongful sueing out the attachment. 

Sec. 2. The constable to whom any attachment may be Constable to le- 
delivered, shall without delay execute the same, by levy-'^^^"^^^"'^"^''' 
ing on the personal property of the defendant, of value 
sufficient to satisfj the debt, or damages claimed to be due 
and all costs attending the collection of the same; he shall 
also read the same to the defendant, if the defendant can 
be found in the county, and make return thereof stating 
hovf he has executed the same. 

To prevent errors in issuing attachments, and taking 
bonds, the attachment and condition of the bond sliall be 
in the following form, viz: 

State of Illinois, > Set. ^"^^ "^ '^*- 



County ^ The people of the State of ^^ ™''" ' 

Illinois, to any constable of said county, Greeting, where- 
as A. B. (or agent or attorney of A. B. as the case may 
be) hath complained on oath (or affirmation) before C. J). 
a Justice of the Peace in and for said county, that E. F. 
is justly indebted to the said A. D. in the amount of 

dollars, and oath (or affirmation) having been also 
made the said E. F. so absconds or conceals himself, or 
stands in defiance of a peace officer, authorised to arrest 
him or her, with civil process, so that the ordinary process 
of law cannot be served on him (or her as the case may 
be) and the said A. B. havmg given bond and security ac- 
cording to the directions of the act in such cases made 
and provided; V/e therefore command you that you at- 
tach so much of the personal estate of the said E. F. to be 
found in your county as shall be of value sufficient to satis- 
fy the said debt and costs, according to the complaint, and 
such personal estate so attached, in your hands to secure, 
or so to provide that the same may be liable to further 
proceedings thereon, according to law, before the un- 
dersigned. Justice of the Peace. And in case personal 
property of value sufficient cannot be found, that you sum- 
mon all persons whom the plaintiff or his agent shall di- 
rect, to appear before said justice, on the day of 
next, then and there to answer what may be 
objected against him or them, Vv'hen and v/herc you shall 
make known how you have executed this writ; and have 
you then and there this writ. Given under my hand and 
gcal, the day of 183 . 

G. D. Justice of the peace. SeaL 



14 ATTACHMENTS. 

The condition of the above obligation is such that, 
Form of bond, whereas the above bounden hath on the day of 

the date hereof, prayed an attachment at the suit of 
against the personal estate of the above named 
for the sum of and the same being about to 

be sued out, returnable on the day of before 

(said Justice.) Now if the said shall prosecute 

his suit with effect, or in case of failure therein, shall well 
and truly pay and satisfy the said all such costs 

in such suit, and such damages as the said 
may sustain, by reason of wrongfully sueing out the said 
attachuTent, then the above obligation to be void, el^e to 
remain in full force and virtue. 

Witness our hands and seals this day of 
183 , 

SeaL 
Seal. 
No attachment shall be abated or dismissed for want of 
Attachmentnot fQj.j;j^^ if ^}ie gsg£j^l;i.(^l matters expressed in the foregoing 
^f^C^'j.ij,"'"^"' precedents be substantially set forth; and Justices of the 
Peace shall allow any amendment to be made, of any af- 
fidavit, v^rit, return or bond which may be necessary to 
obviate objections to the same; and in cases of appeals to 
the circuit courts, the courts shall allow amendments as 
aforesaid. 

Sec. 3. Upon the return of any attachment issued by a 
Justice of the Peace, if it shall appear that the defendant 
If defeiifiant j^^^ becD personally served with the same: or if such de- 
appear, Justice f, , I II -I 1 • 1 T • 

to proceed. fcudant shall appear without such service, the Justice 
shall proceed to hear and determine the cause, as in cases 
of proceeding by summons. But if it does not appear that 
the defendant has been served, and no appearance be en- 
Justice to con-tered by the defendant as aforesaid, the Justice shall con- 
tinue cause ten tinue the case ten days, and shall immediately prepare a 
^C posted up*' ^^^^^^^ ^^ ^2 posted up at three pubUc places in the neigh- 
borhood of the Justice, directed to the defendant, and sta- 
ting the fact, that an attachment had been issued, and at 
whose instance, the amount claimed to be due, and the time 
and place of trial; and also stating, that unless the said de- 
fendant shall appear at the time and place fixed for trial, 
that judgment will be entered by default, and the proper- 
ty attached, ordered to be sold to satisfy the same; 
which notice shall be delivered to the Constable, who 
shall post three copies of the same, at three public 
places in tiie neighborhood of the Justice, at least eight 
days bcfor-e the day set for trial; and on or before that dny 
he shall return the notice delivered to him by the Justice, 
with an endorsement thereon, statin "• the time when and 
the place where he posted copies, as herein required. 



ATTACHMENTS. 15 

k5EC. 4. Wiien notices shall be given of any proceedings -^Lisuce to pvo- 
bv attachment, as required by the third section of this act, ,^,!f ' '°. ''ff/;" ^ 

IT • 1 11 I 1 J. r • 1 r I ■ cieteimine the 

the Justice shall, on the day set tor trial oi the cause, pro- case. 
ceed to hear and determine the same, as though process 
had been personally served upon the dcfcndanl; and if 
judgment be given against the defendant, shall order a sale 
of the property attaclied, or so much thereof as will satisfy 
the judgment, and all costs of suit. But if the Constable Constable fail- 
shall have failed to post the notices as herein required, the '"gi notices to 
Justice shall again continue the cause, and require notices ^^P"^'^*^ "P- 
to be posted as aforesaid previous to any trial of the 
cause. 

Sec. 5. When any Constable shall be unable to find per- 
sonal property of any defendant, suliicicnt to_ satisfy ^ny ^^^^^^"^ 
attachments issued under the provisions of this act, he is indebted to, or 
hereby required to notify any and all persons within his 'i^^'|"gpi'"P^"y 
county, whom the creditor shall designate, as having any ° ^'^ ei^^iii'it- 
property, effects, or choses in action, in his possession or 
power belonging to the defendant, or who are in anywise 
indebted to such defendant, to appear before sucli Justice 
on the return day of the attachment, then and there to an- 
swer upon oath, what amount he or she is indebted to the 
defendant in the attachment, or what property, 0600*^5 or 
choses in action he or she had in his or her possession or 
power, at the time of serving the attachment. The per- pp^.g^j^gg^i^^^ 
son or persons so summoned, shall be considered as gainish- monedconsid- 
ees, and the Constable shall state in his return, the names <-n-ed garnishees. 
of all persons so summoned, and the date of service on 
each. 

Sec. 6. When an attachment shall be returned execu- 
ted upon any person as garnishee, the justice shall make 
an entry upon the record of his ])roceedings in the cause, , . 

. ,•.1'^ ^1 11 ,-J uslice to enter 

stating the name of each person sum.moned, and continue oh record and 
the case as to such garnishee, and shall proceed with the proceed with 
cause as against the defendenfc in the attachment as '^^'J-'^' 
though the attachment had been levied on personal prop- 
erty. 

Sec. 7. When judgement is entered by a justice of the 
peace against a defcndent in attachment, and any person 
or persons have been summoned as garnishee in the case, 
it shall be the duty of the justice to issue a summons Justice to issue 
against each person so summoned, requiring him or her si'nimo"s, show 
to appear before the justice at a time and place to he fix- '^'^"^'^ '^' 
ed in the summons, not lees than five nor more than fifleen 
days from the date thereof, and show cause, if any he or she 
has, why a judgement shall not be entered against him or 
her for the amount of the judgment and costs against the 
defendant in attachment, which summons shall be served 
and returned by some constable of the county, and on the 



16 ATTACHMENTS. 

return day thereof, if any person so summoned shall fail 
Justico to en- ^^ appear, the justice shall enter judgment against the per- 
terjudgmont. SO failing to appear, for the amount of the judgment ob- 
tained against the defendant in attachment, and execution 
shall be issued thereon, as in other cases. 

Sec. 8. If any garnished shall appear at the time and 
place required by the Constable as aforesaid, and shall up- 
on oath deny all indebtedness to the defendant in the at- 
Ganiishees de- tachmcnt, and deny having any property or effects or 
"^["^,."'1 °^^j choses in action in his possession or power belonsfinj^ to 

to be discharged , t r i .i • • in/- i ^- i t i '^ l • 

unless plaintiff SUCH delcndant, the justice shall lorthwith discharge nim, 
proves &c. unlcss the plaintiff in the attachment shall satisfy the jus- 
tice by other testimony that the garnishee was indebted 
to the defendant in the attachment, or had property, ef- 
fects, or choses in action in his possession or power, at the 
time he was garnlsheed; in which case the justice shall 
give judgment in the premises according to the right and 
■justice of the cause, and issue execution as in other cases. 
Skc. 9. Judgments obtained under the provisions of this 
act, wljere the defendant has been personally served with 
process, or shall have appeared to the action, shall have 
T , , tiie same force and effect as iuds;ments obtained upon a 

lained to haveSummons; but the property attached shall be sold beiore 
the force &c. any execution is issued upon such judgment, and if such 
property shall not sell for a sum sufficient to pay the judg- 
ment and costs, execution may be issued to collect the bal- 
ance. 

Sac. iO. Judgments obtained under the provisions of 
this act, when the defendant has not been personally serv- 
ed with process, and no appearance being entered, shall 
only authorize a sale of the property levied upon, and pro- 
ceedings against the garnishees to collect the amount 
thereof. Defendants in attachments issued under the pro- 
visions of this act, where property may be levied upon, or 
snay retain '^'-- pcrson in v/hosc posscssion the property may be found, 
property upon may retain possession of such property, upon executing a 
executing bond [joj^j (q the plaintiff in the attachment with good security, 
in a penalty of double the amount claimed by the attach- 
ment, conditioned that the property shall be delivered to 
Condition of any Constable of the county v/henever demanded, to be 
^^^' sold in satisfaction of any judgment which may be ob- 

tained in the attachment suit, or in case the property is 
not delivered, that the obligors will pay and satisfy the 
said judgment and costs, and when a bond shall be execu- 
ted, the Constable shall return the same with the attach- 
ment, and upon a breach of any condition thereof, the 
plaintiff shall have a right to prosecute suit thereon, and 
to recover the amount due upon his judgment and costs. 
Sec. 11. In all case;; arisins under this act, v/hen two 



BANKS 17 

or more attachments shall be levied on the same property, 
or be served upon the same garnishee, and judgment sr.ali 
be entered on the same day, the proceeds of the property ,. 

J.I 1 1 ^1 il • ^ r -1 ^ I 1, I -^ Aioneytobo 

attached on the money obtamed irom garnishees shall be divided be- 
divided among the several plaintiffs in attachments, accord- i.^een Plain- 
ing to the amount of" their judgments respectively. '^'^'" 

Sec. 12. Persons who are summoned as garnishees un- 
der the provisions of this act, may avail themselves in their Garnishees 
defence of any setts-off or claim against the defendant in offvfol- claims!'" 
attachment, whether the same be due or not, Provided, the proviso, 
sam.e would be allowed, if due, in a suit prosecuted by 
such defendant. 

Sec. 13. Any person claiming the ridit of any proper- ?''^'^'^°"^ ciaim- 
ty, levied on by any attachment issued by a Justice oi the peny lo have 
Peace, may have a trial of the right of property, in the '^iai oi right 
same manner as if such property had been levied on by °^ property. 
virtue of an execution, issued by a Justice of the Peace, 
Provided, always, appeals from the judgment of Justice of Proviso, 
the Peace, under the provisions of this act, may be allow- 
ed, taken and perfected, as in other cases of appeals from 
the judgments of Justices of the Peace. 

Sec. 14. Sections five and thirty-one of tlie act, entitled 
*'Ari Act concerning attachments, approved i2th February pa.-t of an act 
1833," are hereby repealed; but all rights acquired, and repealed, 
proceedings commenced, under the provisions of those sec- 
tions, before this act takes ( ffect, si^ali be and remain as 
though this act had not passed. This act ehali take effect 
on the first day of May next. 

Approved 27th Februaiy, 1837. 



AN ACT supplemental to an act entitled an act to incorporate the President In force Feb. 
Directors and conijjany of the Bank of lil nois at Shawneetow n. 28, 1837. 

Sec. 1. Be it enacted by tko People of the. State of Illinois, 
represented in the General Assembbj^ Tha,t the Bank of Illi- Bank ra Shaw- 
nois at Shawneetown, shall have power to borrow at such [^^op^Io'v^aT'^um 
rate of interest as may be agreed upon, an_y sum of money not exceeding 
not exceeding two hundred and fifty thousand dollars, S'250,000. 
and the same to loan on bond and w.ovtgcxgQ of unincum- 
bered real estate v/ithin this State; but no loan on such 
real estate shall be m.ade in any case for more than one 
half of the appraised value thereof, for a term not less than 
one year, nor exceeding five years, and at no higher rate jgi^est^ Than teii 
of interest than ten per centum per annum. percent. 

Approved Feb. 28, 1837. 



If BANKS. 

In force March ^^^ ACT authorizing a subscription to the Capital Stock of State Bank of 
2, 1837. Illinois. 

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

sented in the General Assembly^ That the Governor of the 

_ State is hereby authorized and required for and in the 

quiieri to sub- name and behalf of the State of Illinois to subscribe for 

scribe loi- $100, the one hundred thousand dollars of the capital stock of 

Bank"^ '^^''"' the State Bank of Illinois, reserved for the State by the 

act entitled an act to incorporate the subscribers to the 

Bank of the State of Illinois, approved on the twelfth day 

of February one thousand eight hundred and thirty-five, 

rt , rr, and he is hereb^ authorized and required to make orders 

Order oil Ireas- ,, m i i j ■ i n i r ^i 1.1 

urertosaid upon the 1 reasurer, payable to said Bank lor the whole 
bank. amount of said stock, which orders the Treasurer is re- 

quired to pay out of any money in the Treasury not other- 
wise appropriated. 

ArpROVED March 2d, 1837; 



In force 4lh AN ACT to increase the capital stocK of certain banks and to pro', ide means tff 

March 1837. pay the interest on a loan authorised by an act entitled "an act to establisb 

and maintain a general system of internal improvement." 

Sec. 1. Be it enacted, by the people of the State of Illinois^ 
represented in the General Assembly, That the capital stock 
Capital of of the State Bank of Illinois shall be and the same is here- 
State Bank in- ^^y increased in the sum of two million dollars, exclusiveof 
minions!^" the onc hundred thousand dollars reserved to the State^ 
by the first section of an act entitled " an act to incor- 
Stocktobesub- porate the subscribers to the Bank of the State of Illi- 
scribed by tiie nois," the wholc to be subscribed for by the State as 
^^^^^- hereafter directed. The capital stock of the Bank of lUi- 

Capitai of the . ^ Shawneetown shall be and the same is hereby in- 

Bank 01 Illinois i.i r -n- r i iiii 

increased creased in the sum oi one million lour hundred thousand 

1,400,000 dollars, to be subscribed as hereafter directed; Provided 
Consent of the the conscnt of said banks shall have been thereunto first 
crveii!° ^^ "^' given, by an entry on their books, under the direction of 
the board of directors, which shall be certified under the seal 
To the board of of the corporation to the board of fund commissioners, to 
fund commjs- ]jq clcctcd uudcr tlic provisions of an act entitled "an act 
to establish and maintain a general system of internal im- 
provement," and to the Secretary of State, the same to 
be by him filed in his ofiicc. 
Fund commis- Sec. 2. Said board of fund commissioners be, and they 
tiate^ Vioau^o^n ^^^ hereby authorised and empowered to negotiate a 
the faith of the ioan on the credit and faith of this State, as, and for the 

State. 



BANKS. 19 

exclusive and sole purpose hereinafter provided, for a sum 

or sums not exceeding three millions of dollars, as the Not exceediug 

same may be needed and wanted for the purposes herein- 'hiee millions 

after set forth, which shall be required to be paid at such 

times and such instalments as the same may be needed to 

carry into efiect the object of this act. 

Sec. 3. Said board of fund commissioners shall consti- „ 
tute certificates of stock for the said loan or loans, to be cal- sioners to"coa-' 
led "the Illinois Bank and Internal Improvement stock," stitute stock. 
which shall be signed by the Governor, and countersigned 
by the Auditor and Treasurer, with the great seal of State 
affixed thereto; bearing interest not exceeding six per cen- Stock to 
turn per annum, payable semi-annually at either of the cst^'lot^excee"- 
banks hereinafter named, or either of their branches, or ing 6 percent. 
at some bank in the city of New York, Philadelphia, Bos- Places at whicU 
ton or Baltimore, or either, as may be agreed upon, and ^'^^ ^^'"^ "'^^ 
reimbursable at the pleasure of the State at any time af- *" '^^' 
4er the year one thousand eight hundred and sixty, and 
the faith of the State is hereby irrevocably pledged for the Faith of the 
payment and redemption of the stock hereby created, and state pledged to 
the interest accruing thereon. Said board of fund com- g^^'(!|^'^Y^' 
snissioncrs shall take and use all proper means and nieas- the iuteiest. 
«res for the transferring of said stock. 

Sec. 4. It shall be deemed a good and valid execution 
t)f the power to borrow herein conferred, for the said fund 
<;ommissioners to cause the said certilicates of stock, 
when created, to be sold; Provided that the said stock shall 
oot, in any case, be sold for less than its par value. To subscribe 

Sec. 5. It shall be the duty of the said board of fund on behalf of ths 
tcommissioners, to subscribe on behalf of the State the two ^[.^'^ ^,000000 
millions of dollars stock, as provided in the first section of state Bank. 
this act, to the State Bank of Illinois and pay such per 
centum on every one hundred dollars so subscribed at the To pay such 
time of subscribing, as shall have been paid by each stock- P*^^" cent on 
holder on each and every share owned by him, and thereaf-g^^'^bgj^s^nay. 
ter pay siich instalments as may be due on each one hundred 
dollars, at the same times and in the same proportions, and 
Vinder such regulations as now are or hereafter may be re- 
quired of and adopted in relation to the individual stock- 
holders, on each share respectively held by them; -P/'o^'i- No forfeiture of 
ffcc? nothing herein contained shall authorise a forfeiture stock so subscri- 
of anv interest of the State in said Bank in any wise what- ^^^ ^^,^^^ bsin^ 

'',.,,, "^ curred. 

ever to the said bank. 

Sec 6. Said board of fund commissioners shall, so soon 
as notified by the Bank of Illinois at Shawncetown, of commissionerf 
their acceptance and consent to the provisions of this act, shall subscrib* 
as provided for in the first section of this act, subscribe on ^'^jjCiJ^i by^ni! 
behalf of the State for one million of stock authorised to nois bank ofac- 
be subscribed by the first section of this act, and shall in ceptunca, 



<^ BANKS, 

all respects observe and conform to the provisions of the. 
fifth section of this act, which are hereby expressly made, 
applicable to their proceedings under this section, the pro- 

■ij„ . . „ viso inclusive: the remainincf four hundred thousand dollars 

4au,uouiobe may be divided into shares, and subscribed tor, gover- 
subsciibed as ncd, and regulated in all respects as provided for in the or- 
otieistoc. iginai and supplemental acts incorporating and extend- 
ing the charter of said Bank of Illinois at Shawneetown. 
Commissioneis Sec. 7. For the puvpose of carrying into effect the pro- 
may sell said visions of the last two scctious. Said board of Fund com- 
^^°'^^- missioners may, from time to time, sell and dispose of the 

certificates of stock authorised to be issued by the second 
and third sections of this act, as the money may be need- 
ed from time to time. 
Additional di- gp.,^ g^ In addition to the nine directors authorised to 

rectors to be ap- , , , , j- i i ^^ • ,i 

pointed by the "6 clcctcd by an act entitled "an act to incorporate the 
Legislature. Subscribers to Uic Bank of the State of Illinois-' there shall 

be elected bienially by joint vote of both branches of the 
^ . Legislature, five other directors, who shall be citizens of 

and 'cfu't'ies!'^ this State, and whosc rights, powers and duties shall be ia 

all respects the same as those of the directors chosen by 

the stockholders. 

Skc. 9 There shall be elected biennially, by joint vote 
Additional di- of both branches of the General Assembly, nme direc,- 
rectors to be tors of the Bank of Illinois at Shawneetown, whose rights, 
appointed bv power's and duties shall be in all respects the same as 
for B^ank^oHi- ^'^^^^ ^^ ^^^^ directors chosen by the stockholders of said 
linois as Shaw- Bank of Illinois at Shawneetown. There may be cstab- 
neetown. lishcd by the said Bank of Illinois at Shawneetown, 

Said bank may three offices of discount and denositc, within the State, 

establish offices , j.i • j . c ^i -, t^ , • 

of discount and whenever the interest oi the community or Bank require 
deposiie. it for the purpose of discount and deposite, and the trans- 

action of such other business as may be legally confided to 
them by said bank, under the provisions of its charter and 
this act; and to commit the management of all the afore- 
said offices of discount and deposite under such regulations 
as they shall from time to time think prudent to adopt, to 
such number ofpersons as they shall choose, one of which 
Onetobeestab-^^^*^^ ^^^^^^^'-'"*- ^^^^ depositc shall be permanently es- 
lished at Jack- tablished at Jacksonville, with such amount of capital ag 
sonviiie. the mother bank can safely supply under the provisions of 

this act, and another of said otfices of discount and depos- 
OneatLaw- ^^^ "''"■^' ^^^ established at Lavvfcnccville and one at Alton, 
lenceviiie and and in addition to the ofiices of discount and deposite as 
one at Alton, aforesaid, the said bank may establish two other ofiices of 
discount and deposite at such time and places, as may bo 
deemed for the public interest. 

Sec. 10. The dividends and profits declared and accruing 
upon, and from the stock, by the provisions of this act, au- 



BANKS. 21 

thorised to be subscribed on behalf of the State in said 

banks, shall first be applied to the payment of the inter- Dividends and 

est upon the loan or loans authorized by the provisions of P'°^^^ ofsaid 

.1 • J ii I 1 ij- 1 > . j< "'ock shall first 

this act, as the same becomes due, and tn •. balance togotner be nppiied to 
with the premiums that shall be realized by the sales of '!"■« payment of 
certificates of slock herein authorized to be made, shall J" '^'^^"^^'^'P°", 
constitute a fund for, and be applied to, the payment of the r. , ' 

, , J ! • u u 1 I J ■ ji Galanre and. 

interest which may be or become due and owing upon the thLuiemiums 
loans effected under the authority of an act entitled an act t" p<vv interest 
to establish and maintain a general system of Internal ini- °|' ""^ '^'"^^ ""■ 
provement, and shall be held inviolably, and applied sole- 
ly for that purpose and none other. And the said board of 
Fund Commissioners shall adopt such measures as may 
be most expedient and proper tor the'payment of the in- 
terest of the said loans when due, and whatever balance Fuither poweig 
of said dividends and profits as may remain from time to ^J^^^^ cT'^'^°i 
time after the payment of the interest as aforesaid, may be sioners. 
deposited by said board of Fund Commissioners in any 
Bank or Banks of this State, at such rates of interest as 
may be agreed upon until the same may be wanted, said Opposite bal- 
banks to facilitate the transaction of the purposes contem-' 
plated in this section, opening therefor aseparate account Duty of banks 
to the credit of such deposites with said board of Fund jeceiving such 
Commissioners. deposits. 

Sec. 11. Said board of Fund Commissioners may depo- 
sitc with the said banks, with reference to a fair distribution py^j commis- 
of the benefits of said deposites to the different sections of sioners may de- 
the State, all the funds borrowed under an act entitled an v°^'}^ '" banks 
act to establish a general system of Internal Improvement, ,^0^,,^'^^^^,^°^^^ 
and all other monies provided for the use of the fund crea- act to establish 
ted by the act the title of which is heieinbcfore last recited, ^"^ maintain a 

X ,1 • T ^ r 1 1 .-1 j_i 1 general system 

not otherwise disposed of by law, until the same may be ^f internal im- 
wanted in the progress of the works, or for the objects con- provement 
templated by said act, the said board of Fund Commission- ^"'^ "'^^'■" ^""f^* 
ers obtaining such rates of interest from said banks for the 
use of the same, as may be agreed upon, and said deposi!:es Board may 
shall be subject to the drafts and checks of said board of agree upon the 
Fund Commissioners, whenever the same may be needed i^^it^,^|^anks!'"' 
in the progress of said works, or for the objects contem- 
plated by said act, payable whenever they may direct. Said Deposites shalt 
banks hall in all respects be, and they arc hereby constitu- i^e subject to 
ted, made and appointed the fiscal agents of the State in the''* '• 
collection, receipt, transfer, and disbursement of the Banks shall be 
Internal Improvement funds, subiect to laws now in force, the fiscaiagents 

1 , ^ ^ . , 1 of the State. 

and hereaiterto be made. 

Sec 12. Said bank shall furnish the said board of Fund Bank shall fur- 
Commissioners quarterly with statements of the amounts ^^lish ^ ^Z'^^of 
of capital Stock actually paid into their respective vaults, :^^ ^^j^^jj-^^j ^^ 
pf all the debts due and owing to the said banks, of all the board. 



23 BANKS. 

the monies remaining on deposite, public and private, of 
all the notes of said banks outstanding and in circulation, 
the specie on hand or account of the same, together with 
all such other matters and things as may pertain to,and are 
Shall furnish conuectcd with, the condition and solvency of said bank; 
same to general they shall also lay before each house of the General Assem- 
assembi}', at ]j]y^ j^t every regular and called session within ten days af- 
cafied sessions. '■^^ ^^0 meeting thereof, a general statement embracing all 
the information and facts contained in the said quarterly 
reports. 
Notes of Bank Sec. l3. All notcs issued by said bank or their branch- 
shall be paid es, or offices of discount and deposite, payable on their 
where jssued. ^^^^ elswhcrc than in this State, shall be nevertheless pay- 
able at the said banks or branches, or offices of discount 
and deposite, which may have issued the same, in the same 
manner and under the same responsibilities as now are or 
hereafter shall be the notes of said banks or branches, or 
offices of discount and deposite, issued by them and made 
payable at their counters. 
General assem- J^EC. l4. The General Assembly shall have the right to 
biy shall have examine by committee into the condition of said banks 
the ngiit by'ts^j^i^ their several branches and offices of discount and de- 
examine the posite, and all the books and accounts of said banks neces- 
bank & branch- sary to the examination hereby authorized, shall be sub- 
^- , „ . mitted to any committee which may be appointed by 

Fund Comm's- -' i i /- i •' ^ ^ ^ ^K ^ ^ "^ 

sionersmay ex- the General Assembly ior that purpose. and the t und Com- 
amine. missioncrs sjiall also have the right to make a like exami- 

Kequired to ex- nation into the condition of each of said banks, and they 
aminebienniai- are required to make biennial examinations thereof, and 
ly and report, make reports to each session of the General Assembly, 

■which may beheld after the making of such examinations. 
If the bank ac- ^^c- l5. That if the banks in this act mentioned should 
cepts provisions accept the provisions of this act in the manner prescribed 
of this act, the herein, during the recess of the Legislature, it shall be 
appdnt°'^dire^c- *^^^ ^^^Y ^f the Govcmor to appoint the directors upon 
tors. the part of the State, who shall continue in office until 

their successors shall be elected, as prescribed in this act, 
Any Banks ^^^^ ^^^^ provisions of this act shall be considered as appli- 
may'accept pro cable, jointly and severally, to said banks, and cither of 
visions of this them may accept the same. 
^"- Approved, March 4th, l837. 



BANKS. 2S 

AN ACT to provide for the safe keeping and security of the Public Moneyi In force 4th 

March, 1837. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That the Auditor of Audl^DrshaU 
Public Accounts shall contract with the President and Di- gt^tg g^^i^ _ 
rectors of the State Bank of Illinois, to receive upon de- 
posite and disburse the revenue of the State upon the 
terms and conditions following: Bank shall re- 

First. The Bank shall open and keep accounts in the cei>e on depos- 
name of the State of Illinois, and receive upon deposite in j,'? ^ ' ^^ ,^;^^^ 
their branch at the Seat of Government all money paid ^n^^^^^^y p^ij 
into the State Treasury, and receive upon deposite at their into treasury, 
principal Bank, and the other branches, all money which ^;;''j;,.^,^^",';j' 
may be deposited in the said principal Bank or any branch ^n monies of 
thereof, by any collector or agent of the State. collectors. 

Second. The Bank shall be bound to payout thcmoney Bank to pay 
deposited as aforesaid, either at the principal bank or any ^^^^^'^^^'^^^^^^^ 
branch thereof, upon the warrant of the Auditor of Pub- warrant of au- 
Jic Accounts. '^'^°^- 

Third. The bank shall be bound where money is depo- ^g^JJ^/J^^j-^^g®'' 
sited by the Treasurer, or any ofticer or agent of the State, J^'Ji^ff°j. ^^ 
to give a certificate of deposite, or receipt for the same in sums. 
the name of the State of Illinois. 

,„ ..^^.11111 I 1 • i. i.1 „ Ijhall make no 

Fourth. The bank shall make no charge agamst the ^^^^^.^^ ^^^. ^,;^. 
State for receiving and disbursing the revenue as aforesaid, bursing revenue 

Sec. 2. Upon making the contract aforesiad, the Audi- Auditor shall 
tor shall, notify the Treasurer thereof, and the Treasurer »°tify treasurer 
shall, without delay, deposite in the branch of the State 
Bank of Illinois at Vandalia all money and bank notes in Treasurer shall 
his possession belonging to the State, and, at the end of ^epo^ite^t 

iiio yKjjj^ s? a •, • ,1 -11 II I Vandalia evo- 

evcry week therealter, deposite m the said branch bank ^.y ^.^^i^ 
all money and bank notes received by him during the pre- 
ceding week, and take certificates of deposite or receipts Shall take cer- 

n ,1 tificates. 

for the same. 

Sec. 3. After the contract shall be made with the bank 
as herein required, all warrants issued by the Auditor shall Warrants to bo 
be countersigned by the Treasurer as heretofore, and shall countersigned. 
be made payable either at the principal bank or some Made pavabie 
branch thereof, to the order of the person in whose favor ^^J^ep^'^^^f* 
the same may be issued, and the place of payment shall branch thereof. 
be at the option of the payee. 

Sec. 4. After making the contract aforesaid, it shall be 
lawful for any collector of public money, to deposite all 
money collected in the said State Bank or any branch 
thereof, and certiiicates of deposite or receipts in the Certificates of 
name of the State of Illinois, shall be received by ^^^^ f.^.Z.Vlyxh^ 

Treasurer as cash. treasurer a* 

Sec 5. When the Treasurer shall make his monthly re- cash. 
ports to the Auditor as required by the act entitled an act 



/ 

24 BANKS. 

to consolidate the acts relative to the Auditor and Treas- 
Tieasuier shall urer, and election of Attorney General, approved on the 
deliver cer'ih- ggcond of March one thousand cieht hundred and thirty 

cates 01 depo- i n i i- j ji * i- -r , /■ i •/ 

site or bank re- three, he shall deliver to the Auditor ccrtincatesol deposite 
ceipts, and An- or bank receipts for all money paid into the Treasury du- 
ditor shall give ^,- ^j-^g preceding month. The Treasurer shall be entitled 

Ills receipt lor o i^ o 

game. to a credit for tlie amount of said certificates and receipts, 

and the Auditor shall give a receipt for the same. 
Auditor to set- Sec. 6. The Auditor shall settle the accounts of the 
tie with bank State with the bank quarterly ; the bank shall be charged 
^aTe certificate with all Certificates of deposite and receipts Avhich may 
of balance a- have been delivered to the Auditor by the Treasurer, and 
^instthe bank gj-jj^]) ]jg credited by all warrants paid, and if a balance be 
' found against the bank at any such settlement, the Auditor 

shall take a certificate of deposite therefor, and if a bal- 
ance be found against the State, the Auditor shall issue a 
warrant, to be countersigned by the Treasurer, in favor of 
the bank for such balance. At every such settlement, the 
certificates of deposite and receipts shall be returned to 
the bank, and the warrants paid by the bank shall be re- 
turned to the Auditor, and immediately after every settle* 
Auditor to pub- ment v^'ith the bank as aforesaid, the Auditor shall cause a 
jish quarterly statement of thc amount of money received and paid out 
statements. during the preceding quarter, to be published in the news- 
paper published by the public printer. 
If Treasurer !Sec. 7. If thc Treasurer shall at any time fail to make 
shall fail to re- a monthly report to the Auditor as required by law, and if 
port to Auditor, ^j shall appear from any monthly report made by him, or 
from any settlement made with the bank, that the Treasur- 
Auditor shall ^^ ^^ ^" default to the State, the Auditor shall give informa- 
tive notice to tloii thereof to the Governor, whose duty it shall be to cause 
the Governor g^^j^ |.q j^g instituted upon the bond of such Treasurer, and 

who shall cause . i. r ii r j 

Suit upon the ^^ cocrcc payment of all sums of money recovered. 
bond of Treas- Sec. 8. Suits may hereafter be instituted and maintained 
^''■'^^'- upon Treasurers bonds against the Treasurer and his secu- 

rities, or against tlie Treasurer or any one of his securities, 
withoutfirst establishing the liability of the Treasurer by 
obtaining judgment against him alone. 
Shall not effect Sec. 9. The provisions of this act shall not apply to or 
the disposition offset the disposition of any money which may be received 

of money re- ,i i , n' r .i tt •. i cij_ ^ i ,i 

ceivedfroin by thc latc i reasurer Irom the United states, under the 
United Statea. provisions of the act of Congress of the United States reg- 
ulating the dcposites of the public money, nor any monies 
borrowed for purposes of Internal Improvement, 
on.u r ^ •S'kc, 10. The 20th section of the act entitled an act to 

iiUtn pec. ol r,ct ... i a ■• i m 

repealed, consolidate the acts m relation to the Auditor and i reas- 

urer, and election of Attorney General, approved March 2d 
1833, is hereby repealed. 

Sec. 1 1. This act shall take effect on the passage thereof. 

Approved March 4th. 1837. 



BRIDGES. 05 

AN ACT to authorize John Donavan to bujlcl a bridge across Salt Creek. j /■ - . 

March, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, j. Donavan, 
represented in the General Assembly, That John Donavan, ''is heirs, i&c, 
his heirs and assigns be, and they arc hereby authorized l^'.^J^,^'''^'^'^ '°'^ 
'to erect a toil bridge across Salt Creek in Sangamon coun- 
ty, at or near the place whore the said Donavan keeps a 
ferry. At either end of said bridge, the said Donavnn, his Tq]] „^^^ 
heirs or assigns, arc hereby authorized to place a toll gate 
where he or they may ask and demand of all and every Toils how fix- 
person passing, the rates of toll which may from time to ^''• 
time be fixed by the County Commissioners Court of San- ?-vi!ige when to 
^amon county; said bridge to be commenced in one year, '^^ ,'^""^"^?""^'^ 
and completed in two years from the passage of this act. 

Sec. 2. The said John Donavan, his heirs and assigns, Bridge shall be 
shall at all times after the completion thereof, keep said '^ept in repair, 
bridge in good repair, and allow speedy passage for all °o ^an-amou'^ 
persons and their property, over it, upon tlie recciptof tlie coimty^ 
tolls in such cases allowed, as is herein provided; and if at 
any time said bridge be Icftoutof repair, so that the same 
be impassable for the space of one year at any one 
time, the said bridge shall accrue and belong to the county 
of Sangamon, Provided, hozvcvcr, that the destruction by po iso. 
fire or high w\ater, or other casualty, shall not v/ork a for- 
feiture of privileges hereby granted. 

Sec. 3. Whenever the County Commissioners of San- ^''^'"''■•*^"'^''^^'°^ 

. U1I1 -J I'll 1 .1 Sangamon CO. 

gamon coumy, shall deem it expedient to purchase said ^af purchase 
bridge, they may do so, by paying said John Donavan the oridga. 
original cost of said bridge. Said John Donavan is here- 
by required to file in the clerk's office of the County Com- 
missioners Court of said county, such vouchers as shall be 
deemed sufficient by the Commissioners to ascertain the 
cost of said bridge; and said county Commissioners of said Cost of bridge 
county shall have full power to levy a tax on said bridge '^°^^ ascsrtaia- 
a?; is provided in "An Act to provide for the establishment*^ ' 
of ferries, toll bridges, and furnpikc roads," approved Feb. 
12, 1827. 

Sec. 4. If the said John Donavan, his heirs or assigns, Ford on Salt 
shall at any time obstruct the ford on said creek in any eieek shall not 
manner, he or they so offi?nding, shall forfeit and pay the '^'^ oi^stiucted. 
sum of one hundred dollars for every such offence, to be 
recovfired by action of debt, before any court having com- 
petent jurisdiction, one half to the person informing, tlic 
other half to the use of the county. 

Sec. 5. William Stolls and Peter G. Cowardin of San- Commissioners 
gamon county, and John Study vin of Tazev,'ell county, ^pp°'"'^'^''°'°' 
are hereby appointed Commissioners to view, mark, andlo-^^ 
catea State road from Conger's tavern in Tazewell coun- 
tv, to Albany in Sangamon county, doing as little damage to 

D 



26 BRIDGESi 

Where and private property, as the public good will permit. Said Com- 
when to meet, ixjissioners shall meet at the house of John Donavan in 

Sangamon county, on the first day of Mav, or within ono 
Duties. month thereafter; and after being duly sworn before some 

Justice of the Peace, to discharge the duties of Conimis- 

sioners as aforesaid, as provided in this act, shall proceed 

to view, mark, and locate said road. 
Width. S^c. 0. Said road shall be located four poles wide, and 

shall be opened and kept in repair, as other Stale roads 

are. 
Further duty of ^^c. 7. Thc Said Commissioners shall make out and re- 
commis&iouers. tum to the clcrks of the county Commissioners Courts, of 

the counties through which said road may pass, and said 

Their compei> Commissioners shall receive a reasonable compensation for 
satiou. , . . , 1-^111 1 • 

tncir services, not exceeding two dollars per day m propor- 
tion to the time spent in each county through which said 
road shall pass. 

Approved 4th March, 1837. fe;S^>^| 



In force 4th AN ACT Supplemrntal to an act entitled , "An Act to erect certain biidges," 
March, 1837. approved January 2'2d, 1831. 

Sec. 1. Be ii enacted by the people of the State of Illinois 
represented in the Gentral Assembly, That the counties of 
Knox and McDonough shall be entitled to all the benefits 
Proviso. of thc act to which this is supplemental. Provided, the 

county Commissioners Courts of said counties, shall comply 
with the requisites of said act, , vrithin two years from the 
passage of this act. 

Approved 4th March, 1837. 



In force 97th ^^ ACT to authorize John Haynes to build atoll bridge across the Sliillet 



Feb. 1837. 



Fork. 



Sec. 1. Be it enacted by thc people of the State of Illinois, 
represented in the General Assembly, That John llaynes of 
Authorized to White county, be, and he is hereby authorised to build or 
bridge''. '°^^ erect a toll bridge across the Skillet Fork ©f the l>ittle Wa- 
bash river, at the point where the road leading from Car- 
mi to Fairlield, heretofore reviewed by William McHen- 
ry, John Crow, and Rigdon B. Slocumb, crosses the same, 



BRIDGES. 27 

and shall receive the toll for passing the same, as herein To receive toi 
provided for, for the term of twenty years, upon liis com- ^^i' t"^'°"^y 
plying with the requisitions of this act. -'^^'^' 

Sec. 2. The said John Ilaynes, .hall commence the J^/.'''^^ '° ''f. 
. DUildmg ol said bridge, within six months after the pa?- fix months, & 
sage of this act, and shall have the same completed within i^e completed 
two years. Provided, that it shall not be so constructed as ^^j^rs" '"^ ° 
to obstruct the navigation of said river, by flat or keel Navigation not 

boats. to be obstructed 

Sec. 3. The rates of toll for passing over said brido-c, Rates of toll. 
shall be as follows: For every four wlieeled carriage with 
four or more horses or oxen, fifty cents; for every four 
wheeled carriage with two or more horses or oxen, and not 
exceeding three, thirty-seven and a half cents; for every 
dearborn, waggon or gig, with one horse, eighteen and 
three fourth cents; for a m.an and horse, six cents; for afoot- 
n^an, five cents; for each loose horse ox or cow, three cents; 
and for each hog, sheep, or goat, one cent. Provided, the County com-- 
rates of toll herein allowed may hereafter be increased, '"''^J""-'" 7"^^ 
diminished, or toll on other property be allowed l)y the ^"^^''^ ^ ° '^' 
county Commissioners Court of White county, in its dis- 
cretion. 

Sec. 4, Whenever the county Commissioners Court of 
White county shall deem it expedient to purchase said ."^Ij^g^gg^^-^ 
bridge, and make it a free one, they shall have the right to 
d^ so by paying the said Haynes the original cost, with six 
per cent thereon; and it shall be the duty of said llaynes, 
upon the completion of said bridge, to make out an ac- Account of cost 
count of the cost of the same, and after having sworn to suon"to'^aiKr* 
it, present it to the clerk of the county Commissioners presented to 
Court of White county, to be filed and preserved in his of-derk 
fice. 

Sec. 5. The said Havnes shall at all times afford a spee- ,-. „„, 

1 . 1 1 •'• 1 11 II- bpeedy patsago 

ay passage over said bridge, to all persons and their prop- to be afforded 

erty, on payment of the toll as herein allowed, Provided,<j^^\>^ymsnioi 

that all persons, when going to, and returning from masters '"''*' 

and elections, alsoallGrand and Petit jurors, v/hen going to Who may pass 

and returning from courls, and all persons when going to '''^® °' '"^'' 

and returning from Divine worship, shall be allowed to 

pass free, themselves and horses. 

Sec. 6. If at any time said bridge shall be left out of 
repair for ten days together, the said Haynes shall forfeit 
and pay a fine of fifty dollars, to be recovered by action Fine for ivt 
oi debt, by any persons sueing lor the same; one tiaii to p^^;^. 
go to the use of the persons sueing, and the other to the 
county, Provided, that the destruction or injury of said ^i'*'''°- 
bridge by fire and high water, shall no' work such forieit- 
ure, if the said llaynes shall proceed with reasonable dili- 
gence to repair the same. The said Haynesshaii be author 



2S BRIDGES. 

izsci to place a tcll-gatc at eiihcr end of said bridge, and, 
receive the tolls as herein allowed. 

This act to be in force from and a,fter its passage. 

Apphoved 27th February, 1837. 



In force 4th AN ACT to authorize James Day to build a toll bridge across the lllinc^ 
March, 1837. liiveT. 



Persons author- Sec. 1. Be it enacted by the people of the State of Illinois^ 
ized 10 build rejjrcscnted in the General Asseinbly, That James Day, his 
toll bridge. ^eirs and assigns, be, and they are hereby authorized to 
build a toll bridge across the Illinois river, in the town of 
Ottawa, where the county road leading to Chicago crosses 
said river, so as not to interfere with any ferry landings al- 
ready established by law. 

Sec. 2. The said James Day, his heirs, or assigns, shall 
Shall com- commei.ce the building of said bridge, Avithin two years,, 
mence within 2 ^nd have the samc completed within five years from and, af- 
pL^te\e^samc ^"^' ^he passage of this act. Said bridge shall be built in a 
inSyears. substantial and workman-like manner, with a draw or oth- 
erwise so constructed as not to obstruct the navigation ©■f 
said river- 

Sec. 3. That after the completion of said bridge, the 
said James Day, his heirs, or assigns arc hereby authorized 
To place toll to place a toll-gate on cither end of said bridge, or else- 
g^tej. where, where he or they may ask and demand of all aixd 

May demand cvcry pcrson passing said bridge, the follov»qng rates of toll, 
toll. to wit: For each two horse waggon drawn by two horses, 

Rates of loll or onc yokc of oxen, tv/enty-five cents; for each additional 
pair of horses or yoke of oxen, twelve and a half cents; for 
each one horse waggon or carriage, eighteen and three 
fourth cents; for each man and a horse, twelve and a half 
cents; for each head of hogs, sheep, or goats, one cent; 
for each head of horses, mules, asses, or cattle, three cents. 
Sec. 4. The said James Day, his heirs and assigns, shall 
Shaiikeeiin ^'' ^^' times after the completion of said bridge, keep the 
good repair. same in good repair, and allow a speedy passage to ail 
boats without charge of toll; also to all persons and prop- 
erty, over it, upon the receiptof the tolls, in such cases as is 
hereafter provided; and if at anytime the said bridge be 
. If left out of left out of repair, so that the same be impassable for the 
repair for six spacc of six uionths, at any one time, the said bridge shall 
months, shall ccrue to the county of La Salle, Provided, however, that 

clGCVll6 to GOUn"" *^ 7 } 1 

ty, destruction of said bridge by lire, high water, or other cas- 

ualty, shall not work a forfeiture of the privileges hereby' 



BRIDGES. 29 

granted, but the said Day, his heirs or assigns, shall pro- 
ceed immediately to repair the same. 

Sec. 5. Whenever the Commissioners of the county of j^.^^^^^^^ 
La Salle deem it expedient to purchase said bridge, they purchase. 
shall have the right to do so, by paying the said Day, his 
heirs or assigns, the original cost of said bridge, with twelve 
per cent interest thereon; and for the purpose of enabling 
the county Commissioners to know^ the actual cost of said 
bridge, it shall be the duty of the said James Day, his heirs 
or assigns, to file with the clerk of the county Commission- Duty of Day. 
ers Court of La Salle county, such vouchers as shall be Vouchers. 
4eemed sufficient by said Commissioners to ascertain the 
cast of said bridge. ^°stof bridge. 

Sec. 6. If any person or persons shall wilfully do, or 
cause to be done any injury to said bridge, the person or 
persons so offending shall forfeit and pay to the said peisons injur- 
James Day, his heirs or assigns, double the amount of such ing to forfeit. 
injury or damage, to be recovered before any court hav- 
ing jurisdiction of the same. 

Sec. 7. The said Day, his heirs and assigns, shall be en- 
titled to purchase, hold, and convey so much real estate as May hoidrea> 
may be necessary to construct the aforesaid bridge, and estate. 
erect a toll house, or whatever may be necessary for the 
use and purposes of said bridge. 

Sec. 8. This act to be in force from and after its pas- 
sage. 

Approved 4th March, 1837. 



AN ACT to authorize George W. Dole and others to build a toll bridge j /• pirj.L 
across the Little Calumet. P . -1007 ' 

(Sec. L Be it enacted by the people of the State of Illinois,, 
represented in the General Assejnhly,, That George W. Dole, 
Elijah K. Hubbard, Lewis Benton and Francis C. Sher- 
man, all of the county of Cook and State of Illinois, or 
their heirs or assigns, are hereby authorized and empower- 
ed to construct a bridge across the Little Calumet river, 
at the town of Calumet, in the county of Cook, and to de- Certain persona 
mand, receive and collect from all passcnfrers whatever, !*"l,'\°"^f'^.'° 

. • 1 1 • 1 1 f- 11 1 1 build a bridge 

crossing such bridge, the same rates oi tolls, and no otner, 
as are now received at the present ferry. 

Sec 2. The said bridge shall be constructed in such a & how to be 
manner as always to atTord a free passage to all boats and constructed. 
rafts upon the said river; and the said company hereby 
ereatedj shall, M^hen the said bridge is completed, file in 



30 BRIDGES. 

Statement of the office of the clerk of the county Commissioners court 
costof said Qf Cook county, a true statement of the cost of said bridge, 
^" ^^' and once in eacli year, lay before the county Commission- 

ers court, a true statement of the profits if any there be. 
When to be Sec. 3. That the said bridge shall, within two years 

completeri, and from the passage of this act, be constructed in a good and 
^°"'* substantial manner, at the place aforesaid, of sufficient 

width for the passage of two common waggons, side by 
side at the same time, and shall keep the same in good re- 
pair to the satisfaction of the county Commissioners' court 
Proviso. of Cook county, for the time being. Provided, when the 

nett proceeds of the said bridge shall exceed ten percent 
abomis ^orfoi^P'^'' ^1^"^^'^ on the cosL thereof and repairs, then the said 
.feit the giant. George W. Dole, Elijah K. Hubbard, Lewis Benton and 
Francis C. Sherman, their heirs or assigns, shall pay, or 
cause to be paid in the county treasury of the county of 
Cook, the sum of one hundred dollars annually; and for 
failure of fulfilment of either of the above conditions, the 
privileges hereby granted shall be forfeited, and the said 
bridge become the property of the said county of Cook. 
Sec. 4. The county Commissioners, for the time being, 
Count? may of Cook county, shull, after the determination of the said 
purchase said period of thirty [years] be, and they are hereby empow- 
ge - ow. j^j-^^j to purchase said bridge, first pa.ying to the stockhold- 
ers the appraised value thereof; said value to l)e dctermin-^ 
ed by appraisers appointed, one by the said stockholders, 
and two by the said county Commissioners of Cook coun- 
ty, whose decision, after being duly sworn to faithfully dis- 
charge the duties of appraisers, shall be final in the prem^. 
ises. 

Approved 15th February, 183?. 



AN ACT to authorize James Jessup to build a bndgs^ across'tbe Skillet Fork. 
In force 1 0th ' ' 

' ' Sec. 1. Bs it enacted by the Pcoph of the State of Illinois, 

J Jessup au- represented in the General Assemhh/ That James Jessup of 
thorizedto White county, be, and he is hereby authorized to build 
brj?e and ^^' ®^"^*' ''' ^°^^ bridge across the Skillet Fork of the Little 
where. '^'^ Wabash rivcr, at or near where his present ferry now is, 
in White county, it being where tlie road leading from 
Fairfield, via Abraham Vaughts, to Carmi, crosses the 
To receive toll. ^'^'^"'^5 and shall receive the toll for passing the same, 
herein allowed, for the term of twenty years, upon his com- 
plying with the requisitions of this act. 
When to be Sec. 2. The said Jessup shall commence the building 

comn'venc^d 



BRIDGES. 51 

'of said bridge within nine montlis after the passage oi\ ^^,^^^^ ^^^^^ 
this act, and sliall have the same completed within three pieted. 
years, Provided^ That it shall not be so constructed as to Proviso. 
obstruct the navigation of said river by flat or keel boats. 

Sec. 3. The rate of toll for passing over said bridge, Rate of toll. 
shall be as follows: For every four wheeled carriage or 
waggon, with over four horses or oxen, fifty cents; for ev- 
ery four wheeled carriage or waggon with four horses or 
oxen, forty-three and three quarter cents; for every four 
wheeled carriage or waggon, with two or three horses or 
oxen, thirty-seven and a half cents; for every cart with 
two or more horses or oxen, twenty-five cents; for eve- 
ry dearborn, waggon, gig or cart, with one horse, mulo, 
or ox, eighteen and three iburth cents; for a man and horse, 
^ix and one fourth cents; for a footman, five cents; for 
each loose horse, mule or ass,over oneyeai old, two cents; 
for each head of neat cattle, one and a-half cents; for 
each head of hogs, sheep or goats, one cent. Provided, 
the county Commissioners Court, of White county, shall 
have the right to change the rates of toll at any time when 
they shall think it necessary. 

Sec. 4. Whenever the county Commissioners of White ^°^'?'^ '="'"' 

,. •' • 1 I • 1 missioneis may 

county shall deem it expedient to purchase said ondge,puichasebridge. 

and make it a free one, they shall have the right to do so, 

by paying to the. said Jessup the original cost, with six per 

cent thereon; and it shall be the duty of said Jessup, 

upon the completion of said bridge, to make out an ac- -when bridge 

count of the cost of the same, and after having sworn to completed, ac- 

it, present it to the clerk of the county Commissioners ^"'^'"j"*^"^'^®'^ 

court of White county, to be filed and preseived in his 

office. 

Sec. 5. The said Jessup shall at all times afford a spec- Pasageatail 

1 • 1 I. • 1 i 11 J J. times to be af- 

dy passage over said bridge, to all persons and property, |-gj.^]gj 
on payment of the tolls herein allowed. Provided, That all i^vho may pasi 
persons when going to, and returning from musters, and free of toll. 
elections, also all Grand and Petit Jurors, going to and re- 
turning from courts, and all persons going to and return- 
ing from Divine worship, shall be allowed to pass free, 
themselves and horses. 

Sec. 6. If at any time said bridge shall be left out of re- P^'^^S'' to be _ 
pair for ten daj's together, the said Jessup shall forfeit ;fno|"foiffeit- 
and pay a fine of fifty dollars, and for every tenduysure. 
thereafter a fine of fifty dollars, to be recovered by ac-Howrecovored 
tion of debt, by any person sucing for the same; one half to 
go to the use and benefit of the persons sueing, and the oth- 
er to the county. Provided, That the destruction or injury of ^^'°^'^°* 
said bridge by tire or high water, shall not work such for- 
feiture, if the said Jessup shall proceed, with reasonable 
diligence, to repair the same. The said Jessup shall be 



BRIDGES. 

authorized to place a toll gate at either end of said bridge^ 
and receive the tolls herein allowed. This act to be ili 
force from and after its passage. 
Approved, lOth February, l837. 



In force ajth^ AN ACT to authorize Thomas Reynolds and Ellsha Seymour, to build a toU 
January, i8J/. bridge across the Kaskaskia river at Farmington, in the county of St. Clair. 



Reynolds and g^.^,^ j^ ^g ^f enacted % the people of the State of Illinois, 
ihori^zVd to^' 'represented in the General Assembly, That Thomas Rej- 
buiidatoU nolds and Elisha Seymour, arc liercby authorized to build 
bridge across ^ ^q]| bj-idgo acvoss the Kaskaskia river, at Farmington in 
^^as as ja I'^-gj^ Clair county, situated on section twenty-seven, towii- 

sbip two South, seven West. 
Rates of toll. Sec. 2. Thc rates of toll for crossing said bridge to be 
established from time to time by the county Commission- 
ers Court o^ thc county of St. Clair. The citizens of St. 
Clair, and their property, shall have the privilege of cros- 
sing and re-crossing at all tinics, free of any charge, Provi- 
t'roviso. (led, however, That the rates of toll for crossing said bridge 

shall never exceed the rates of toll of the different ferries 
across the said river, as established by the county Com- 
missioners Court of St. Clair county. 

Sec. 3. Whenever the county Com.missioners Court, of 
County Com- St. Clair county, shall deem it expedient to purchase said 
iiiissioners may bridge, and makc it a free one, they shall have the right to 

b"'d*^'ie^*''nT"' ^'^ ^^' "po^'i P^yii^a ^'^^ ^^^^ Rcvnolds and Seymour the 
make it a free valuc of said bridge, to be ascertained by three disinter- 
bne, & how. cstcd citizens, one of whom shall be chosen by the county 
Commissioners of said county, and one by the said Rey- 
nolds and Seymour, and they two shall choose a third^ 
whose decision shall be final; and the said Reynolds and 
Reynolds and Scymour, after having completed the said bi'idge, shall 
Seymour to ,i-,a,ke out and file wilh the clerk of the county Commis- 

makc out an . ,' • i , , , r ^ 

account of costsioners Court, ot said county, an accurate account oi the 
bf bridge, and (.gst of Said bridge, and make oath of the correctness there- 
&Vakcoat?' of> before said clerk, or some Justice of the Peace of said 

thereto. COUnty. 

Sec. 4. Said Reynolds and Seymour shall at all times 
At all times to afford a speedy passage to all persons and their property^ 
S"e to'^pSsons o" Payment of the lawful tolls, and they are hereby au- 
it^property. OB thorized to demand and receive the tolls as herein al- 
paymentoftoii. iQ^gj^ for the term of twenty years, and to erect a gate 
May erect toiler gatcs at either end of said bridge; and if the said bridge 
g^^'^s. sliall at any time be out of repair for ten days together, the 



BRIDGES. 



33 



S'ald Reynolds and Seymour, shall forfeit and pa.y a fine of If bridge be out 
fifty dollars, and a like fine for every ten days thereafter, that "(^'^P^'f f°i"- 

J.U • I 1 • 1 • ^ r ■ 1 , leiture &, fine. 

the said bridge may remain out oi repair, to be recovered - 
by action of debt, before any Justice of the Peace for said ed. 
county; one half to be paid to the person sucing for the 
same, and the other half to be paid into the county treas- 
ury, Provided^ That no injury to said bridge, caused by Proviso. 
fire, high water, or other unavoidable cause, shall work 
a forfeiture, if reasonable diligence be used in repairing 
the same. 

Sec. 5. Said Reynolds and Seyniour shall commence When work to 
the erection of said bridge within six months, and com- be commenced 
plete the same within two years from the passage of this •^completed. 
act, Provided That said Reynolds and Seyniour cause a "''°^'^°- 
sufiicient drav/ to be made to said bridge to enable steam- 
boats or any other vessels, to pass without obstruction or 
detention. This act to be in force from and after its pas- 
sage. 

Approved 27th January, 1837. 



AN ACT to aiitiiorize fjamuel Evans to build a toll briJgc ovei- '.-'alt Creek, j^ force 1st 

March 1837. 
Sec. 1. Be it enacted by the People of the SiaU of Illinois, 
represented in the General Assembly, I'hat Samuel Evans ?^. R^'3ns au- 
las heirs and assigns, be, and they are hereby authorized ''^"-'f<',^^^°,^"'|,'^ 

. *^ - " 0. roil dvic'^G &. 

to erect a toll bridge across Salt Creek in Sangamon coun- ,\i)ere. '^ 
ty, on the north east quarter of the north cast quarter, of 
section No. tvv^o, in township No. nineteen north, of range 
three west, near the crossing of the £"Late ruad leading 
from Springfield by the way of Bloomington to Chicago, 
at either end of said bridge, the said Evans his heirs or as- rvlnyi.iace a 
signs are hereby authorized to place a toll gate and ask, toil gate. 
demand, and receive of all and every person cwr pei'sons 
wishing to pass themselves or property ever sjiid bridge, 
the following rates of toll: — Every four wheeled carriage Rates of toil. 
drawn by four or more horses, oxen or mules tifty cents; 
for every four wheeled carriage drav/n by two horses, ox- 
en or mules, twenty-five cents; for every dearborn, gig 
or other vehicle, drawn by one horse, twelve and one 
half cents; for each footman, six and one fourth cents; 
for each hog, sheep or goat, one cent; for each head of 
loose horses, mules, neat cattle, or asses, three cents. 

Sec. 2. The said Samuel Evans, his heirs or assigns, t-ball When to com- 
commence the building of said bridge, within nine' rnGulhs,"'t^''^«bLiiiding 

11 • ,' 1 , 1 -,1 ■ c ^ c and when to 

and have it so lar completed wnhm two vcars Ircm a.na at- ^,„;^jj 

E 



34 BRIDGES. 

tcr the passage of this act, as to admit the safe passage of all 
persons and their property, over said bridge. 
To keep bridge Sec. 3. The said ►Samuel Evnns, his heirs or assigns, 
ill repair. shall at all times after the completion thereof, keep said 

bridge in good repair, and admit a speedy and safe passage 
to all persons, and their property over it, upon the i-cceipt 
of the tolls as herein provided for, and if at any time tlie 
said bridge be suffered to remain out of repair, so that the 
same tc dangerous or impassable, for the space of twelve 
months at any one time, the said bridge shall be forfeited, 
Proviso. and thereafter belong to the county of Sangamon, Proiidcd 

hozvcver, That the destruction of said bridge by fire, high wa- 
ter, or any other casualty, shall not work a forfeiture of priv- 
ileges hereby granted, if the said Samuel Evans, his heirs 
or assings, shall immediately proceed to repair the same. 
No other bridge Sec. 4. No pcfson shall withiu ten ycars after the com- 
to be built with- pletion of Said bridge, build any other bridge, or establish 
in ten years. ^^^ .^^ which any toll shall be recieved within one mile 
above or below said bridge, provided that the said Evans,his 
heirs or assigns, shall keep the same in good repair for the 
term of ten years, according to the provisions of this act. 
Ford not to be Sec. 5. If the said Samuel Evans, his heirs or assigns, 
obstructed. shall at any time, or in any way obstruct the ford on said 
creek, where the before named State road crosses the same, 
or the road leading to, and from said ford, be or they shall 
forfeit and pay for every such offence, the sum of one hun- 
dred dollars, and three dollars for each day he or they 
shall suffer such obstructions to remain, which shall be re- 
covered by an action of debt, in any court having compe- 
tent jurisdiction thereof, one half of which shall go to the 
use of the person giving the information, and the other 
half to the use of Sangamon county. This act to be in 
force from and after its passage. 
Approved March 1st, 1837. 



Tn<brce4th AN ACT autkorizing Joiin \V. Sullivan and George Green to build a toll 
March 1837. bridge across the Little Wabash River. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the Geyicral Assembly, That John W. Sulli- 
van and George Green, their h^irs and assigns be. and they 
Authorized to are hereby authorized to build a toll bridge across the lit- 
buiid toll bridge ^1^ Wabash river at or near the place where the road lead- 
ing fi'om Vandalia to Lawrenceville crosses said river be- 
low Green's mills, so as not to obstruct said ford where the 
road crosses said river, and not to obstruct the navigation 
of said river bv flat or keel boats. 



BRIDGES. • 35 

Sec. 2. And at eitherend of said bridge, the said John 
W. Sullivnn and George Green, their heirs and assigns, are 
hereby authorized to phice a toll gate, where he or thej 
may ask and demand, and receive of all and every person 
passing said bridge, the following rates to wit: For each 
head of cattle three cents, and for each foot passenger. Toil to be re- 
six and one fourth cents, for each one horso waoo-ou or reived forcross- 
carriage, eighteen and three fourth cents, and for each two '"S" 
horse waggon drawn by horses or oxen, twenty-hvc cents, 
for each three horse waggon drawn by horses or oxen, 
thirty-seven and one lialf cents, for each waggon'dravrn by 
four animals fifty cents, for each v/aggon drawn by six hors- 
es, or oxen or mules, sixty-two and a half cents, and for 
each led horse, mule or ass, four cents, for man ;ind horse 
twelve and a half cents. 

Sec. 3. The said J. W. Sullivan and George Green 
shall cause to be put up in some conspicuous place near 
the said bridge, a list of the rates of tolls herein enamer- List of rates of 
ated, and if the said John W. Sullivan and George Green, toil to be placed 
or any person acting under them and by their authority, °'^ '^"''s"- 
shall demand and receive more toll than is allowed by this 
act, or shall unreasonably hinder or detain any person 
wishing to cross said bridge, the said John W. Sullivan 
and George Green, shall on conviction for every such of- 
fence, forfeit and pay the sum of five dollars, to be recov- 
ered by any person suing for the same, by action of debt ir;;,^ incurred 
before any Justice of the Peace of the county in which for non-compii- 
said bridge shall be erected. ^"ce. 

Sec. 4. And if any person or persons shall wilfully do, 
or cause to be done, any injury to said bridge, the person 
or persons so otFending, shall forfeit and pay to the said 
John W. Sullivan and George Green their heirs and as- Fine forfeited 
signs, double the amount of suchiniury or damage, to be ^"i" damag-es 
recovered before any court having jurisdiction ot the ' " " 
same. 

Sec. 5. The said John W. Sullivan and George Green, 
their heirs and assigns, shall commence the building of 
said bridge within one year, and have the same completed Bridge to be 
within two years from the passage of this act, so as to ad- commenced. 
mitthe safe passage of persons, waggons, teams cattle <Src., 
over it. 

Sec 6. The said John W. Sullivan and George Green, 
their heirs and assigns, shall at all times after the comple- 
tion thereof, keep said bridge in good repair, and allow a Biidge to be 
a speedy passage to all persons, and their property over ^^Pf >" sood re- 
it, upon the reception of the tolls in such cases allowed as ^^ ' " 
herein provided, and if at any time said bridge be left out 
of repair, so that the same be impassable for the space of 
one year, under a penality of a forfeiture of the privilege p^jj-gmi-e of 
granted by the provisions of this act. privilege. 



36 



BRIDGES. 



r- Sec. 7. When the county commissioners of the county 

County com- »ja-^« '•'',, . -^ ,. , , • i i -j 

missioners light of Clay sUall deem it expedient to purchase saidbndge, 
to purchase ^j-jgy ^hsM havc the right to do so, by paying the said John 
bridge. ^y^ SuHivan and George Green, their heirs and assigns, the 

original cost of said bridge with twelve per cent thereon, and 
forthe purpose of enabling the county commissioners to 
know the actual cost of said bridge, it shaUbe the duty of the 
said Joan VV. Sullivan and George Green, their heirs and 
ass! -ns, to file wills the clerk of the county commissioners 
court of Clay county, such vouchers as shall be deemed 
sufficient by said commissioners to ascertain the cost of 
said bridge. This act to take elTect from and afterits pas- 
Act in force for Sag?, and bs in force for the space of twenty years and no 

twenty years, longcr. 

Seo. 8. Thai ihe appropriations heretofore made to the. 

county of Clay, out of the funds arising from the sale of 

the Gallatin county or Vermilion Saline lands, be, and the 

Appropriations same IS hereby changed, and the same to be expended un- 

changeri. dcr the directions of the county commissioners court of the 

said county of Clay, to building of bridges within said 

county, when they may deem it most advisable, any law 

to the contrary notwithstanding. 

Approved March 4, 1837. 



AN ACT to authorise Benjamin Kellogg Jr. to erect a toll bridge over the 
In force I aicn i'.Iaclsinaw River, in Tazewell county. 

2tl, 1837. ^ 

Sec. 1. Bi it enacted by the people of the Slate of Illinois j 

„ . T' , represented in the General Assembly. That Beniamin Kel- 
Benjamiii Kel- i^yi-i- • ij^i i i 

logg&c. to loggJr., his heirs or assigns be, and they are hereby au- 
erect a toll thorlsed to erect a toll bridge across the Mackinaw Ri- 
bndge. ^^^ ^^^ j^i-^q coup.ty of Tazewcli, at or near Woodrow's 

mill in said county; at either end of said bridge, the said 
Kellogg, his heirs or assigns, are hereby authorized to 
a toV'^aTe^. ^ piacc a toll gate, where he or they may ask, demand and 
May demand rcccive of every person passing over said bridge the rates 
toll. of tolls which may be from time to time fixed by the 

Toll to be fixed county Commissioners court of the county of Tazewell. 
SssSs.'"'"" ^^-* ^^' ^^"^ said Benjamin Kellogg "his heirs and as- 
Tirleofc'om- sigus, shalj commence the building of said bridge within nine 
raencement. months, and liavo it so far completed within twenty 
Time of com- Qiontlis from and after the passage of this act, as to admit 
p 8uon. j.|^g g,^|-^ passage on the same, of persons, waggons, teams, 

cattle &c. &c. 

Sec. 3. The said Benjamin Kellogg Jr., his heirs and 



BRIDGES. 37 

assigns, shall at all times after the completion of said 
bridge, keep the same in good repair and allow a speedy shaii keep in 
passage to all persons and their property over it, upon ti)o impair. 
receipt of the tells in such cases allowed as is herein provid- 
ed ; and if at any time the said bridge be left out of repair, so ff }ert out ofrs- 
that the same shall be impassable for the space of two '^^'■" 
months at any timo, the said bridge shall be forfeited and °' '^' ^ " 
become the property of the county of Tazewell; Provided Vyo\\so. 
however, theit the destruction of said bridge by fire, high 
water or other casualty shall not work a forfeitui-e of priv- 
ileges hereby granted; but the said Benjamin Kcllogo- Jr., 
his heirs or assigns shall pr.^ceed immediately to repair the 
same. 

Sec. 4. Whenever the county commissioners of said 
county of Tazewell shall deem it expedient to purchase ^'o""')' com. of 
said bridge, they shall have the right to do so, by pfiying ptil-cUac^ebiidgl 
to the said Kellogg, his heirs or assigns, the original cost 
of erecting said bridge, with ten per centum per annum- 
interest of said original cost; and for the purpose of ena- 
bling the county commissioners to make said purchase, it 
shall be the duty of the said Benjamin Kellogg Jr., his Dmy of Kei- 
heirs or assigns, to hie with the clerk of the county com- °"^'' 
missioners court of said county, such vouchers as shall be Vouchers. 
deemed sufficient by the commissioners to ascertam the 
original cost of erecting said bridge. 

Sec. 5. If the said Benjamin Kellogg, his heirs or as- 
signs, shall at any time obstruct the ford on said river at or if ford is ob- 
near the said bridge, in any manner, he or they so oticnd- structed forfeit. 
ing shall forfeit and pay the sum of one hundred dollars for 
every such offence, to be recovered by action of debt in 
any court having competent jurisdiction thereof, one half 
of which shall go to the use of the person informing and 
the other half to the use of the county of Tazewell. 

Sec. 6. That the county commissioners shall have the ^'°";'*^^^"'" 
right and fuU power to levy a tax on said brid ge in man- "^^^ 
ner provided in the act to provide for the establishment 
of ferries, toll bridges and turnpike roads, approved Feb- 
ruary 12th, 1827. 

Sec. 7. This act shall not authorise the said Benjamin 
Kelloggjr., his heirs or assigns, to erect a toll or oti)er bridge .^^ 
across the said Mackinaw river, /'roi'ifZecZ the erection of 
said bridge shall in any way interfere with, hinder, dam- 
age, or obstruct the mill and mill dam heretolbre built 
on and across said river by Jacob Peters and Hugh and 
William Woodrovv^, and known as Woodrow's mills. 

Sec. 8. This act shall take effect and be in force from 
and after its passage. 

Approved JMarcli 2, 1837. 



38 BRIDGES. 

In force 4th AN ACT authorizing Robert Toiler, William Farmer, and Hugh McDaniel, 
March 1837. to build a toll bridge across the Little Wabash river. 

Sec. 1. Be it c?iactcd by the people of the State of Illinois, 
represented in the General Assembly, That Robert Toller, 
Persons incor- William Farmer, and Hugh McDaniel, their heirs and as- 
perated, signs, be, and they are hereby authorized to build a toll 
bridge across the Little Wabash river, at or near the place 
where the road leading from Albion to Maysville crosses 
said river, so as not to obstruct the navigation of said riv- 
er by flat or keel boats. 
May erect toll Sec. 2. And at either end of said bridge the said Rob- 
gate, ert Toller, William Farmer, and Hugh McDaniel, their 
heirs and assigns, are hereby authorized to place a toll gate 
Rates of toll, vrhcre he or they may ask and demand, and receive of all and 
every person passing said bridge the following rates, to wit: 
for each head ofhogs, or sheep, crossing said bridge, one cent; 
and for each head of cattle, three cents; and for each foot 
passenger, six and a fourth cents; for each one horse wag- 
gon or carriage, eighteen and three- fourth cents; and for 
each two horse waggon drawn by horses or oxen, twenty- 
five cents; for each three horse waggon, drawn by horses 
or oxen, thirty-seven and a half cents; for each waggon 
drawn by four animals, fifty cents; for each waggon drawn 
by six horsesor oxen or mules, sixty-two and a half cents; 
for each led horse, mule, or ass, four cents; for one horse 
and man, twelve and a half cents. 
Toputuprates Sec. 3. The said Robert Toller, William Farmer, and 
of toll. Hugh McDaniel, shall cause to be put up in some conspic- 
uous place near the said bridge, a list of the rates of toll 
Penalty for re- herein enumerated; and if the said Robert Toller, Wili- 
toiuhanTiiow- i''^^^"^ Farmer and Hugh McDaniel, or any persons act- 
ed, or detain- ing undcr them, and by their authority, shall demand and 
Jng a passen- receive more toll than is allowed by this act, or shall un- 
:^'''' reasonably hinder or detain any person wishing to cross 
said bridge, the said Robert Toller, William Farmer and 
Hugh McDaniel, shall, on conviction for every such of- 
& how recov- (q^^^q^ forfeit and pay the sum of five dollars, to be recov- 
ored by any person sueing for the same, by action of debt 
before any Justice of the Peace of the count} in which 
said bridge shall be erected. 
Penalty for in- ^^'^* '^* And if any pcrson Or pcrsons shall wilfully do, 
jurhig bridge, Or cause to be done any injury to said bridge, the person 
or person so offending, shall forfeit and pay to the said Rob- 
ert Toller, William Farmer, and Hugh McDaniel, their 
heirs and assigns, double the amount of such injury or 
and how recov- damage, to be recovered before any court having jurisdic- 
•ref' tion of the same. 

Sec. 5. The said Robert Toller, William Farmer an4 



, CANALS. 39 

Hugh McDaniel, their heirs and assigns, shall commence When bridge 
the building of said bridge within one year, and have the ll^\llTcom- 
same completed within two years from the passage of this pieted. 
act, so as to admit the safe passage of persons, waggons, 
teams, cattle &c. over it. 

Sec. 6. Said Robert Toller, William Farmer and Hugh 
McDaniel, their heirs and assigns shall at all times after To be kept in 
the completion thereof, keep said bridge in good repair, ''"^P^'^'? 
and allow a speedy passage to all persons, and their proper- &. allow a spee- 
ty over it, upon the reception of the tolls, in such case al- '^ P^^^^^^' 
lowed as herein provided; and if at any time the said 
bridge be impassable for the space of one year, under the 
penalty of aforfeiture of the privileges granted by the pro- 
visions of this act. 

Sec. 7. When the county Commissioners of the county 
of Clay shall deem it expedient to purchase said bridge, Co. corn's, may 
[the}^ shall have the power] todoso by paying the said Rob- {^"'j^'^g^and 
ert Toller, William Farmer and Hugh iVJcDaniel, their tenns. 
heirs and assigns, the original cost of said bridge, with 
twelve per cent thereon, and for the purpose of enabling 
the county Commissioners to know the actual cost of said 
bridge, it shall be the duty of the said Robert Toller, Yv'il- Expenses of 

•^ brici'^'G to be 

liam Farmer and Hugh McDaniel, their heirs and assigns, made out and 
to file with the clerk of the county Commissioners court of filed. 
Clay county, such vouchers as shall be deemed suflicient 
by said Commissioners to ascertain the cost of said bridge. 
This act to take elfect from and after its passage, and for 
the space of twenty years, and no longer. 
Approved 4th March, 1837. 



AN ACT to amend an act entitled an act for the construccion of the Illinois i„ force IMarch 
and Michigan Canal, approved Jan. 9th, 183G. oj ig37. 

Sec. ,1. Be it enacted by the People of the State uf Illinois^ 
represented in the General Assembly^ That there shall be 
elected at the present session of the Legislature, by the Election by 
joint vote of both Houses, three practical and skillful citi- vote of both 
zens or this State, to constitute the Board of Commission- 1'""*'^«/°^' . 
ers of the lihnois and Michigan Canal, one oi whom shall siouers. 
be designated as the President, one as Treasurer, and one 
as the Acting Commissioner of said board. The said Pres- 
ident and Treasurer, in addition to the other duties re- 4^'^'>^"'°"al f^"" 
quired of them, by the act to which this is an amendment, j^'^^J^i Treasurer. 
shall also whenever the public good may require the same, 
exercise all the duties and perform alltheservicesrequired 



40 CANALS. 

Siiaii peifoim by Said act, of the acting commissioners. Each and every 
the duiiesoi qj.^ qJ" {.j^^ Commissioners aforesaid, v^henin the discharge 

acting LomniiS- ,. . , ,. i- a ,• r^ • ■ i n i i • , , 

sioner. Oi thc duties oi Actmg Commissioner, shall be subject to 

the order of the board. 

Sec. 2. That it shall, be the duty of the Commissioners 

Duties of Com- auLhorizcd to be elected by this act, to proceed immedi- 

missioueis. ateiy and Vvithout delay, to the prosecution and final com- 
pletion of said Canal, upon the plan proposed by the act 
to which this is an amendment, and upon the plan set out 

p, „ ■n-.p upon by the Commissioners in the year 183(3, in all res- 

1 Jan oT Ioj5. r j j ^ 

pccts. 

SsG. 3* That the said Commissioners shall require'asur- 
6'hEiii lequiie a vey and examination of the route of said Canal as now 
surve3' of roiita established, by tome skillful Endneer,.who shall report to 

iiiiigiiieei- shall , • \ \ ' \ c ■ • ^ iini j. l\ 

le'ioit to board '^'^^^ ^'^'^'■^ board 01 Commissioners, who shall also report the 
of Conimission- same to the next session of the Genera! Assembly. The 
^"- said examination shall be made with a view of ascertain- 

If water su/S- ing whether there is a sufficiency of water within the legi- 
cientto supply tij^^ate authority of the Stale of Illinois, to use to supply a 
size as one now Canal of thc^same size and dimensions, as the one now con- 
coiitempiatoii. tcmplatod to bc Constructed upon the summit level of said 
Engineer to be line of Canal, the said Engineer authorized to be employed 
employed shall ^,^J j. ^.|,jg ^ ^ gj-^ ]} ^ |^g g^^,}^ ^^^u ^^ +o the correctness of 

take oath oi his . . ' i i • ii 

estimates and his estimates, surveys, and conclusions as are usually re- 
surveys, quired of Engineers. 

S:d(i board shall Sec. 4. Said board shall also as soon as convenient, au- 
anthorize sui- thoiizc a survey and estimate to be made of the route of a 
vey oi Canal Cf-^jial diveruinj' from the main trunk of the Illinois and 

route, . ' o o 

Michigan Canal, through the Aug-sau-ge-nash-ke Sw.amp 

and Gras?y Lake, to intersect the Calum-Ct river at the 

Work to be con nearest practicable point, tlie said work to be constructed 

structed when whenever the State of Indiana shall undertake a corres- 

staie oi inciana ,. , ,• i - r i ^ i t 

shall undertake. P*"^^^^^"g vvork, connecting her system oi internal Im- 
provements with the Illinois and Michigan Canal. 

Ssc. 5. Said Commissioners when elected, before en- 
Commissioners tering upon the duties of their office, shall take and sub- 
Bhaii take ar.d sci'ibe the following oath, viz: I do solemnly svi'ear in the 
subscribe oath, pj-ggg^ce of Almighty God, that I do not own land on or 
adjoining the Canal route, and that I am in no manner, ei- 
ther directly or indirectly, interested in any land within 
ten miles of said contemplated Canal, further than a com- 
mon interest as a citizen of this State, and that I will not 
buy or trade in any land on thc route, or within ten miles 
of the same, during the time that I act as Canal Commis- 
sioner, and that i will faithfully discharge the duties of Can- 
al Commissioner according to law, and the best of my ab- 
ilities: so help me God. 
Commibsioners Sec. 6. Thc said commissioners shall have power to sell 
shall ha\epo\v- such part?! of thc caual lands in the township in which 

er to sell parLs 



CANALS. • 41 

Chicago is situated, and such alternate lots in such town of canal lands 
sites at the termination, and along the Canal route, as are '" Chicago 
or maj be laid out bj them, as mav be necessary to pro- [°.o,Uice'''i ,000- 
duce the sum of one million of dollars, such sales shall in QUO of dollars. 
all respects be made in the same manner and upon the 
same terms as the sales authorized by the act to which this 
is an amendment, P?-ovided^ That said sales may be made Pioviso. 
at such place or places, as the said commissioners may 
deem for the interest of the State. 

Sec. 7. The said commissioners, shall have power 1o co„-in-ii5g;onm. 
cause surveys of such tow^n sites as they may select, to be «haii have pow- 
laid out by such person or persons as they may think pro- '^'• 
per, the plats of such towns certified by such person or 
persons so employed, and said commissioners shall be re- 
corded in the Recorder's Office in the county where such 
town is situated, and such plat so certified and recorded or Attested copy 
an attested copy thereof, shall be evidence in any court of °\r''^' ''?^'' '"' 

- .f'',.^' ,, „ ,•' . evidence Jii any 

law or equity m this J^tate, and plats ol such town sites, co^nt of law or 
sub-divisions of sections or surveys, which have been made equity. 
and certified by the former commissioners, shall also be re- 
corded in the same manner, and ha.ve the same validity as 
aforesaid. 

Sec. 8. The said commissioners sh?.ll construct a navi- Navigable fee- 
gable feeder from the best practicable point on Fox River, ''®.^^'°^|]'^ *^°°" 
to the Illinois and Michigan Canal at the town of Ottawa, 
and such basins or lateral canal connecting the Illinois 
River with said canal at that point, as in their opinion will 
most enhance the value of the property of the State. 

Sec. 9. That the Judge of the Circuit Court within Judge of ch-cuit 
whose circuit the said canal lands are situated, shall on or "^^l'" 'J^^'^ ^P" 

,. .', point three coin- 

before the first Monday in June next, appoint three com- missioners cui- 
missioners citizens of this State, who shall not be interest- zens of ti-.is 
ed in any lands within the district of country through ^."^'^^".^^'^ddis- 
which said canal passes, and who do not re=ide in said dis-nict. 
trict, to be a board for the appraisement and determination 
of all questions of damages which may arise from the con- 
struction of said canal, a certificate of whose appoin men tcei-tig. ate of 
under tlie hand of the said Judge, shall be recorded ajipohitment 
in each county in which any of said canal lands lie. ItlJ^yj^^'^I^I^Jhi' 
shall be the duty of said commissioners, whenever re- '.gcoKied. 
quested by the board of canal commissioners, to examine 
into all questions of damages which may arise between 
said canal commissioners, and any individual or individuals commissioners 
to make reports within twenty days after such cxamina- m make report 
tion in writing to the said canal commissioners, and file ^^ ^[^[''3 "f-^e^ex- 
copy of such reports in the clerks office of the circuit court j^„,-„^a,;Qj, 5^. 
of the county in which the land may He, on which any writing. 
damages may be claimed, which reports shall contain a 
full account in writing of said claim, the manner in which 
F 



43 



CANALS. 



it may arise, and all such testimony as may be taken hj 
them in relation to the same; also an assessment of the 
damages if any are awarded, accompanied by a descrip- 
Description of ^j^^^ ^j- ^j^^ property to be surrendered by such individual 
suSere°d''to to the State, where the question of damages may relate to 
the State. thc right of Way, or surrender of land for the use of Hy 

draulic, or other purposes; upon the return of said report 
and assessment of damages aforesaid, the said circuit court 
at its succeding term, if in its opinion the damages asses- 
sed are not too high, and if no objection be made to the 
Court to direct samc, shall causc an order to be made of record, directing 
commissioners ^j^^ g^- j board of canal commissioners to pay to such indi- 
uai^Tn whose* vidual or individuals, in whose favor he may decide, such 
favor he may gum as may be awarded for his or their damages as afore- 
decide. said, with such costs as such party may have expended in 

the defence of such claim for damages, to be certified by 
Proviso the court, Provided however, That if upon examination of 

such returns, assessment and testimony furnished as afore- 
said, by said commissioners, if the said court shall be of 
opinion the said assessment is too high, or the individual 
or individuals in whose favor such assessment shall be 
made, shall be dissatisfied with the same, the said court 
Court shall shall proceed to hear and determine thc question of dam- 
hear and deter- g^o-gg jjj such manner as it may deem equitable and iust, and 

n1in6 n nest ion ^ . . , j ^ 

of damage. the said court is hereby vested with full power and juris- 
Court vested diction, to make all orders and decrees in the premises, 
with full pow- c^^(3 to inforce their observance, necessary to carry into 
olisTn'd di- f^ll effect all, or any decision which may be made, Provi- 
cvees in the pre- ded, That appeals shall be allowed to the Supreme Court 
mises. 3,8 in othcr cases. And ]}rovidcd also. That the court shall 

have power to compel all persons to pay all costs occa- 
sioned by their objections or exceptions to assessments, 
which arc not sustained by the court, and the court shall 
also have power in all cases to make such orders in res- 
pect to cost as may be deemed equitable and just. In as- 
sessing damages, regard shall be had as well to the benefit 
as thc injury arising from the construction of the canal. 
Commissioners Sec. 10. The canal commissioners shall insist upon the 
shall i iifist up- ,,-g|^|.Qf ^j-^g gt^tc to thc right of way, through and upon 
the State ^to the all lands heretofore sold or granted by the State, and also 
right of way. the use of all Water and materials required in the construc- 
tion of the canal under the reservation contained in the 
Reservation of tenth section of the act passed January the 22d, 1829, pro- 
^^tpassed Jan. vi(lii;ig for the construction of said canal, and under the 
"' " ■ reservation contained in subsequent laws on the same sub- 

If courtsde- jcct; but if the courts shall decide against this right, then 
cide against this ti^e Same mode of proceeding shall be had in reference to 
"^ '■ said lands, water and materials as in other cases. 

Compengation Sec. 11. The psrsons appointed to assess damages, shall 

of persfins np- 



CANALS. 43 

be allowed by the court a reasonable compensation for pointed to as- 
their services, not to exceed three dollars per day, to be ^ess damages. 
taxed in the bills of cost, and paid as other costs. 

Sec. 12. The Board of assessment shall in all cases de- ^°^'f^. t° <^eiiv- 
liver copies of their reports to each of the parties interest- thei7repons to 
ed or their attorney, before filing a copy with the clerk, as each of tho 
herein required, and they shall certify the fact of deliver- P^"'^^- 
ing such copies upon the copy filed with the clerk, as afore- ^'^^|.' certify 
said, and the delivery of such copy shall be evidence of ''^ '^'^^' 
notice, and the court shall proceed to adjudicate upon the ^ence of ^no- 
rights of all parties so notified, without requiring any other tke. 
or further notice to be given; for good cause shown the Court may con- 
court may continue all causes and questions arising under ""^'^.'^'^"^^^ ^ 

, , ri .1 " questions. 

tnis act, irom term to term as m other cases. 

Sec. 13. The canal commissioners shall cause the plats Commissioners 
of the towns of Chicago and Ottawa, by which they pJ^jg*^JP^'^jjj^^_ 
were governed in selling lots in said towns, to be recorded go& Ottov\a, 
with the certificates of the late canal commissioners, endors- '« ^e recorded. 
ed thereon as to the identity of said plats. They shall al- Power to exe- 
so have power to execute and perform all duties heretofore heretofore re- 
required of canal commissioners in relation to alterations quired of them. 
in the survey of the town of Ottawa, Provided, That no Proviso, 
rights acquired by individuals shall be aileoted thcrebj^. 
The plats of said towns, or certified copies thereof, shall 
be admitted as evidence in all courts or places whatsoever. 

Sec. 14. The Governor of the State, when he shall be Governor; to 

T • , r •, • , 1 -1 1 • • III borrow on cred- 

advised oi its necessity by said canal commissioners, shall jt of j^e Stats, 
borrow upon the credit of the State, the sum of five bun- the sum of 
dred thousand dollars on the same terms and in the same §^00,000. 
manner prescribed in the act to which this is an amend- 
ment, which said sum shall be expended on the canal in ^eS'^d"™ t^n" 
the year 1838, in addition to the moneys arising from the the year 1833, 
sale of the canal lands, and which may be then in the treas- i" addition to 

/. • J T, J moneys. 

ury oi said Board. 

Sec. 15. That for the purpose of inviting and promo- 
ting fair competition in the letting of contracts, so much 
of the act to which this is a supplement as requires the 
board of canal commissioners to demand and receive secu- 
rity from contractors for tho execution of contracts, be, 
and the same is hereby repealed; and the Board shall let Part of act ro. 
all contracts to the lowest responsible bidders for the work, Pealed. 
under such regulations and restrictions, to be fixed upon 
and published by the Board, as shall etTectually insure the Regulations (Si- 
punctual commencement, and faithful execution, progress, j^g'^^Jj^Sed? 
and completion of the contracts, and to protect the rights 
and interests of the State, and to insure the faithful execu- 
tion and completion of contracts, shall retain in their 
hands, during the progress of the work, at least fifteen per Shall retain is 
centum, and not more than thirty per centum of the val- P«i- <^entum & 



44 CANALS. 

not more than ^^ ^^^ ^^^^.j^ actually performed, until the fuH comple- 

oU to protect . _ , . 

the State. tion oi the contracts. 

Estimates to be Sec. 16. jMonthly estimates of the amount and value of 
made of woiii ^j^g work exccuted, shall be made out during the progress 
thed"ire'ction of'^f the work, under the directions of the Board, or princi- 
boaid of Eugi- ])al engineer on the line; and upon such estimates being 
neers. j^^i^^^j Jq [{^q office of the Board, not less than seventy per 

Not less than centum, nor more than eighty-five per centum of said esti- 
iO lior more j-fj^tcd value, shall be paid to the contractors, and the resi- 

thaii 8j per . ,, , . i j-i ji i • r\,i . j 

centum shall be oue shall DC retamcd until the completion oi the contract, 
paid tocontrac as provided for in the foregoing section, Provided, That 
tors until work i^j^jg section and the preceding section, shall not be constru- 

13 completed. , . ^ o i i i • 

cd to cipply to existing contracts, or to the bonds given un- 
der the same. 
S^aTi'^Sute'' ^^'C. 17. The commissioners to be elected under the pro- 
bonds in the visions of this act, shall severally execute bonds in the sum 
sum $10,000 of ten thousand dollars, with such security as shall be ap- 
wit securjtj% pj-^y^^ \yy i\^q Govcmor, for the faithful discharge of their 
Treasurer to duties as canal commissioners, in addition to which the 
bond and secu- trea?uror shall givc bond in such sum and with such security 
xUy to be ap- as shall bc approved by the Governor for the faithful man- 
pioved by ih3 agcmcnt, saic keeping and disbursements of the canal 
funds, that may at any time come into his hands. 

Sec. 18a Every part of the act to which this is an 

amendment that does not conflict with the provisions of 

this act, shall be and remain in full force, and govern the 

commissioners to be elected under the provisions of this 

. - act, in their duties as canal commissioners, and so much of 

actconfi.cu.g said former act as conflicts with this act, is hereby repeal- 

vvith this act ed. 

repealed. gj,^^ jg^ g^ much of the thirteenth section of the act 

«>ctTo"!^''is^here- ^^ ^^ich this is an amendment as requires warrants or 

repealed. chccks to be Countersigned by the acting commissioner, 

and to be under the seal of the Board, is hereby repealed. 

Approved 2d March, 1837. 



In force March ■^'^ ACT to protect the Canallands against trespassers. 

4th, \837 

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

represented in the General Asseniblij, That there shall be 
Agents to be elected by joint vote of both houses of this General As- 
elected, sembly, two agents to go and remain upon the canal lands 

of this k^tate, for the purpose of preventing and detecting 
To prevent ^\\ persons who have or may trespass upon said lands, and 

of instituting and attending to the prosecution of suits for 

the same. 



tregpnss. 



CANALS. 45 

Sec. 2. The said agent shall visit every person residing Shall risiiaii 
upon, or cultivating any part of the canal lands, and upon lesidents. 
the execution of a bond by any such person, as hereinaf- 
ter required, any one of the agents is hereby authorized to 
deliver to such persona written permit to remain upon ^j-^g^ jP^™'' 
the land, or to continue to cultivate the same, until the bond. 
said land is advertized for sale by the State, free from any 
charge of rent, and to use for fuel, only the limber and 
wood lying upon the ground, Provided, That said permit Pioviso. 
shall not extend to authorize any person to use wood off of .^ 
more than six hundred and forty acres of timbered land ; and may be used. 
no person shall be permitted to enclose or cultivate any tim- 
bered land, nor to cultivate more than six hundred and for- 
ty acres of prairie land. 

Sec. 3. Persons who reside upon their own land, and 
cultivate canal lands, shall be considered as coming with- 
in the provisions of this act; but no such person shall be 
allowed to use wood, lying or being upon canal lands. 

Sec. 4. Every person to whom a permit is given as afore- 
said, shall execute a bond to the State of Illinois, with one or Bond with se 
more responsible persons as securities, in the penalty of curities. 
five hundred dollars, conditioned as follows: Penalty. 

"The condition of this bond is such, that whereas the 
State of Illinois has given to the said 

a permit to (here State the substance of the permit,) now 
if the said shall well and truly comply 

with the terms of said permit and the provisions of the 
law under which the same was given, then this bond to be 
void, otherwise to remain in full force and effect. 

Sec. 5. The obligees of any bond executed as afore- •^^I'S®"-. 
said, shall be considered as bound, first, that the person to 
whom the permit is given, will not use any timber, or tree 
of any description, standing or growing upon canal lands, 
for anj purpose whatever; second, that he will not use for 
fuel, any timber or wood of any description, situated up- 
on any canal lands, except that described in the permit;^"' *° peimu 
third, that he will not permit any person to use or take *^ 
any tree, timber or wood off of the land described in the 
permit; fourth, that he will surrender the possession of ^ 

i ' ., , . . ,, , r ii c\i. 1. ourrenuer to BO 

the lands described in the permit, to the agent ot the State, n^^de. 

together with all improvements thereon, whenever said 

lands shall be advertized for sale; fifth, that he will not 

sell or transfer his right of possession, nor rent or lease 

the same for a longer time than one year; sixth, that in 

case of a violation or breach of any condition upon which 

the permit is given, that the agent of the State shall have Agent to tak« 

the right to take possession of the premises, with all im- possession. 

provements thereon. , Penalty for i.- 

Sbc. 6. If any person shall after this act takes ertect, j„,.y ^oHe. 



46 



CANALS. 



Timber taken 
from . 



Liability. 



If provisions 
are violated . 



Liable to ac- 
tion. 



Certificate of 
forfeiture, suffi 
cient to re- 
move. 

Duty of sher- 



Offender liable. 

How recover- 
ed. 

Proviso. 



cut, fell, box, bore, injure or destroy, any tree or snpltng 
of any description whatever, standing or growing upon 
any land described in any permit, hereby authorized to be 
given, he or she shall be liable to pay for every tree or 
sapling so cut, felled, boxed, bored, injured or destroyed, 
any sum not less than five dollars, nor more than twenty 
dollars, which may be rccovored by action of debt in fa- 
vor of the person to whom the permit is given, before any 
Justice of the Peace or Circuit Court having jurisdiction 
of the amount claimed; and the recovery shall be for the 
use of the person, m whose name the suit is instituted. 

Sec. 7. If any person shall after this act takes effect, 
purchase, receive, or use any tree, sapling or timber, or 
wood of any description, which shall have been taken off 
of, or from any canal land described in any permit afore- 
said, such person shall be liable to pay at the rate of twen- 
ty dollars for every such tree or sapling, and one dollar 
per foot in length of every piece of timber, and twenty 
dollars per cord for wood, to be recovered by the person 
to whom the permit is given, in an action of assumpsit or 
debt, before any Justice of the Peace or Circuit Court hav- 
ing jurisdiction of the amount. 

Sec. 8. If any person to whom a permit shall be given, 
as aforesaid, shall violate the provisions of this act, by cut- 
ting, taking, receiving, purchasing or using any tree, sap- 
ling, timber or wood, or shall in any manner whatsoever, 
violate or fail to comply with the provisions of the law, 
such person shall be liable to an action upon his or her 
bond, and shall also forfeit all right and claim to the pos- 
session allowed him or her by the permit, and to all the 
improvements upon the premises; and a certificate of the 
fact of such forfeiture, made by the canal commissioners, 
under the seal of the board, shall be sufiicient to authorize 
any sheriff to remove any person off of, and from any ca- 
nal lands; and sheriffs are hereby requested to act upon 
the said certificates, and call to their aid the power of the 
county, when necessary to remove any person as afore- 
said. 

Sec. 9. If any person, except those to whom permits may 
be given, shall hereafter, cut, fell, bore, box, injure or de- 
stroy any tree or sapling, of any description, standing or 
growing upon canal lands, he or she so offending, shall be 
liable to pay any sum not less than five, nor more than 
twenty dollars, for every such tree or sapling so cut, felled, 
boxed, bored, injured or destroyed, to be recovered by ac- 
tion of debt, in the name of the State of Illinois, before 
any Justice of the Peace or Circuit Court having jurisdic- 
tion of the amount. Provided^ That when the injury or 
trespass shall be committed upon any land described in any 



CANALS. 47 

p6rmft, a recovery in behalf of the 8tate, shall bar any 
subsequent recovery in behalf of the person to whom the 
permit was given; and a recovery in behalf of such per- 
son, with satisfaction of th'^. amount, by actual payment 
of the money recovered, shall be a bar to any subsequent Bar to recovery 
recovery in behalf of the State; and the provisions of this ^o^'^"^'^- 
section shall apply to third persons, who employ persons, 
who commit any injury or trespass herein prohibited. 

Sec. 10. If any person shall hereafter purchase, re- 
ceive, or use any tree, timber or wood of any description, 
or any sapling which may have been taken or removed 
from any canal lands, he or she shall be liable to pay for 
every tree or sapling so purchased, received, or used, the 
sum of twenty dollars; and for every foot in length of any 
piece of timber so purchased, received or used, the sum of 
one dollar, and for wood, at the rate of twenty dollars per a ,. , 

J A u J I A- r •:{ J I ^^- Actionofai- 

cord, to be recovered by action or assumpsit or debt, insumpsit, 
the name of the State, in any court, or before any Justice 
of the Peace, having jurisdiction of the amount claimed. 
Provided, That when a judgment shall have been recover- Proviso, 
ed under the provisions of this section, in favor of the 
State, such recovery shall operate as a bar to a future re- ^^'^' *° '■**^°''' 
covery, in the name oi any person to whom a permit may person. 
have been given, and Provided, also. That a recovery, and 
actual payment of the money recovered, in behalf of any 
person authorized to sue for the same, shall be a bar to any 
subsequent recovery in behalf of the State. 

Sec. 11. The circuit courts of every county in the State Jurisdiction of 
are hereby vested with jurisdiction, to hear and determine circuit court. 
all causes and actions instituted in behalf of the State, 
under the provisions of this act; and the clerks of said Duty of clerkf 
courts are hereby required to issue process and subpoenas °^ 
for witnesses, directed to any county in the State, and such 
process shall be executed and obeyed, as other process. 

Sec. 12. If any sheriff, or other officer, shall fail to exe- 
cute and return any process, issued under the provisions of ^'^^5'^,*^^-*** 
this act, he shall be liable to be proceeded against by at- 
tachment, and no rule to show cause shall be necessary to 
authorize the issuing of any such attachment, but the 
same shall be issued on the application of the agent or at- 
torney of the State, and be returnable as early as practi- 
cable; and unless the sheriff, or other officer, can show a 
legal excuse for the failure to execute or return the pro- 
cess, he shall be liable to be fined in any sum not exceed- 
ing five hundred dollars, and to pay all costs of the pro- 
ceeding against him; he shall moreover be liable to an ac- 
tion upon his bond for damages, as for other violation or 
neglect of duty. 

Sec. 13. The canal lands shall be considered as inclu- 



48^ CANALS. 

Canal lands, ding all lands which have been, or may hereafter be grant- 
dSr^'^ '"" ^^^° ^^^ ^^^^^ °^ Illinois, by the Uinted States, to aid the 
State in the construction of a canal to unite the waters of 
Illinois liver &. the Illinois river with those of Lake Michigan; and the 
Lake Michi- certificate of any canal commissioner, that any lot or par- 
^^"' eel of land is included or embraced in any such grant, 

Proof of grant, shall be evidence of the existence of the grant, and of the 
right of the State to the land. 

Sec. l4. It shall be the duty of the agents of the State, 
appointed as aforesaid, to cause the provisions of this act 
to be enforced, and to institute and prosecute all suits and 
actions necessary and proper to enforce the same; and it 
Duty of com- shall also be the duty of every canal commissioner, engin- 
missioners &c. ggr, and all other persons employed by the State to give 
information to the said agents of all and every violation of 
the provisions of this act. 
Governor to Sec. 15. The Governor shall cause this act to be pub- 

lished '^n news- ^^^^^^ '" ^^^ ^^^ newspapers printed in Chicago, Ottawa, 
papers, procia- Pcoria, and Galena; and shall issue a proclamation to be 
mation. published in the papers aforesaid, declaring the time when 

Time when to the same shall take effect. 

Sec. 16. Persons who obtain permits from the agents of 
the State, under the provisions of this act, and who exe- 
cute bonds as herein required, shall be, and are hereby re- 
leased from all penalties incurred by them for violating 
plnakies^!°'" ^^^ provisions of the law, in relation to trespassing upon 

canal lands. 
Confirmation of Sec. 17. Each agent elected as aforesaid, shall be enti- 
agents. tied to three dollars per day for every day employed, to be 

paid out of the canal fund. 
When not ^^*^' ^^' ^^Y ^^'^^ ^^ more of said agents shall be dis- 

iieeded Cover- charged by the Govcmor, whenever the Canal Commis- 
nor may dis- sioners shall inform him that their services are no longer 
^'^^' essential to the interest of the State. 

Sec. 19. The bonds taken by the agents, as herein re- 
quired, shall be delivered over to the board of canal com- 
missioners, and by them kept and preserved. 
Approved 4th March, 1837. 



In force 4th ^'^ ACT supplemental to an act entitled 'an act to pi€tect the canal lands 
March, 1837. against trespassers." 

Sec. 1. Be it enacted by the people of the State of Illinois, 
Ifanv agent of ^fp^^se7ited in the General Assembly^ That in case of the re- 
st, refuse to act signation, or refusal to act of any agent of the State ap- 



CATTLE.— CLERKS AND COUNTY TREASURERS. 49 

pointed under the provisions of an act passed during the 
present session of the General Assembly, entitled "An 
Act to protect the canal lands against trespasses,"' during 
the recess of the General Assembly, the Governor is here- '^^^ ^°7'''^'"°r 
by authorized and required to appoint a successor or sue- ces^or.°'^^ *"*^" 
cessors to such agent or agents; and the person or per- 
sons so appointed, shall possess the poviv^rs and perform the 
duties required of the agents elected under tiie provisions 
x>£ the act aforesaid. 

Approved 4th March, 1837. 



AN ACT to repeal "aa act to Impi-ove tha breed of Cattle." In force 24th 

Dec. 1835. 

Sec. 1. Be it enacted by the people of the State of Illinois, The act to im- 
represented in the General Assembly, That the ''act to im- of^^attie* 10!* 
prove the breed of cattle," approved l6th January 1836, peaie<3. 
be, and the same is hereby repealed. 

Approved SlthDec, 1836. 



AN ACT making the clerks of the county Commissioners Courts and county fj, force 7th 
treasurers, elective by the People. Feb. 1837 

Sec. 1. Be it enacted by the people, of the State of JUinois, Cierkscounty 
represented in the General Assembly, That an election shall '^?'"'.^' '^°"*''? 

"* . GJGCt'VGHlKl 

beheld on the tirst Monday in August next, and on the when elections 
first Monday in August in the year one thousand eight hun- to he held, 
dred and thirty-nine, and on the first Ivionday in August, 
in every fourth year thereafter in each county in this State, 
for a clerk of the county commissioners court and county ^ coumy 
treasurer. The clerks and treasurer so elected, shall con- "^^''"'^'' 
tinue in office for four years, and until their successors T'^"""^ ^^'^' 
shall be elected and qualified to office; and previous to their 
entering upon the duticsof their respective offices, shall en- ^o g'^e '^o°<^- 
ter into bonds as is now required by law. Said securi- 
ties to be approved by the county commissioners courts. 

Sec. 2. The election provided for in this act, shall be t^be held!'''" 
held at the same places and conducted in all respects as is 
now provided for by the law regulating elections in rela- 
tion to the election of county commissioners; and vacan- ^^1°^^ ^^°^"'^'®* 
cies shall be filled in the same manner. Provided, Said 
courts may appoint a clerk and treasurer pro tempore, 
whose time of service shall continue until a clerk or trea&- 

G 



so 



CHICAGO. 



Contested elec- 
tions. 

Papers &c., to 
be delivered 
over. 



On refusal for- 
feiture & im- 
prisonment. 



Proviso. 



Laws repealed. 



urer shall be elected and qualified as provided for hi thit 
act. 

Sec. 3. In all contested elections of the before mention-' 
ed officers, it shall be settled as provided in the act in rela- 
tion to contested elections of sheritls and coroners. 

Sec;. 4. Every clerk or treasurer who shall neglect, or 
refuse to deliver over to their successors in office all papers, 
books, moneys, in their possession, as well as all and 
every thing appertaining to their respective offices, shall 
forfeit and pay any sum not exceeding five hundred dol- 
lars, and be imprisoned any time not exceeding thirty 
days, at the discretion of the court before whom such 
trial may be had, Provided^ That if the county commis- 
sioners court on settlement with the county treasurer, shall 
find him in default, they may remove said treasurer from 
office, and appoint one in his stead who shall continue in 
office until his successor shall be elected and qualified. 

Sec. 5. All laws and parts of laws authorizing the 
county commissioners courts to appoint clerks and county 
treasurers, be, and the same is hereby repealed. Provided^ 
hozvever, That the county commissioners court may for 
good cause to be spread of record remove their clerk and 
appoint another who shall continue in office until his suc- 
cessor be elected and qualified. 

Approved 7th Feb., 1837. 



In force 4th 
March 1837. 



AN ACT to iucorporale the City of Chicago. 



Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly, That the district of 
country in the county of Cook in the State aforesaid, 
What lands known as the east half of the south east quarter of section 
known by the tliirty-threc, in township forty, and fractional section thir- 
ty of Chica'o-o.' ty-four in the same township, the east fourth part of sec- 
tions six, seven, eighteen and nineteen, in the same town- 
ship, also fractional section three,section four, section five^ 
section eight, section nine, and fractional section ten, ex- 
cepting the south west fractional quarter of section ten, 
occupied as a military post, until the same shall become 
private property, fractional section fifteen, section sixteen 
section seventeen, section twenty, section twenty-one, and 
fractional section twenty-two, in township thirty-nine north 
range number fourteen east of the third principal meridi- 
an, in the State aforesaid, shall hereafter be known by the 
name of the City of Chicago. 



CHICAGO. 51 

Sec. 2. The inhabitants of said City, shall be a corpor- lucoiporatlon. 
ation by the name of the City of Chicago, and may sue 
and be sued, complain and defend in any court, make and 
use a common seal, and alter it at j)leasure, and take, hold, 
'purchase and convey such real and personal estate, as the 
purposes of the corporation may require. 

Sec. 3. The said City shall be divided into six wards. Divided into 
as follows: All that part of the city v/hich lies south of wards. 
Chicago river and east of the centre of Clark street, fol- 
lowing the centre of Clark street to the south line of sec- 
tion sixteen, thence following the said south line of section 
sixteen, to the centre of State street, and all that part of 
said city which lies east of the centra of said State street, 
and a line parallel with the centre of said street, to the 
southern boundary of said city, shall be denominated the Fjist ward. 
first ward of said city. All that part of said citj which Second ward. 
lies south of said Chicago river, west of the first ward, and 
east of the south branch of said Chicago river, shall be 
denominated the second ward of said city; all that part of Third ward, 
said city, lying west of the aforesaid south branch of the 
said Chicago river, and south of the centre of Randolph 
street, and by a line parallel with the centre of said Ran- 
dolph street, to the western boundary of said city, shall be 
•denominated the third ward; all that part of said city Fourth ward. 
which lies north of the said third ward, and v/est of the 
said Chicago river, and the north and south branches there- 
of, shall be denominated the fourth ward of said city; all ^'f^h ward. 
that part of said city which lies north of the Chicago riv- 
er, and east of the north branch thereof, and west of the 
centre of Clark street, to the centre of the Chicago Avenue, 
and lying south of the centre of Chicago Avenue, to the 
centre of Franklin street, and lying west of Franklin 
street, and a line parallel with the centre thereof, to the 
northern boundary of said city, shall be denominated the 
fifth ward, all that part of said city lying north of tlie Chi- Sixth ward 
cago river, and east of the said fifth ward, shall be de- 
nominated the sixth ward of said city. 

Sec. 4. There shall be in and for the said city, except Mayor Aider- 



man 



&c. 



as herein afterwards provided, one Mayor, twelve Alder 
men, one clerk, one Treasurer, six assessors, one or more 
collectors, and such other officers a,s are hereinafter author- 
ized to be appointed, which said Mayor, Aldermen and as- 
sessors, shall be free holders in the said city. 

Sec. 5. An election shall be held in each of the v/ards Eioction 
of said city, on the first Tuesday in March in each year, 
after the year eighteen hundred and thirty-seven, at such 
place as the common council of said city may appoint, 
and of which six days previous public notice shall be giv' 



SI CHICAGO. 

en in writing, in three public places in each ward by the 
inspectors thereof. 

Fim election, Sec. 6. At the first election under this act, and at each 
annual election thereafter, there shall be elected two Al- 
dermen and 0)ie ;usessor from each ward, each of whom 
shall be an acLiial resident of the ward in which he was 
elected, l^rovided however^ That the aforesaid wards, de- 
nominated tiie third and fifth wards, shall be entitled to 
elect but one Alderman for each ward, until the annual 
election for the year anno domini 1839. 

Inspectors of Sec. 7. The common council shall appoint three inspec- 

elections. tors of elections for each ward, who shall be inspectors of 

elections after the first. Such inspectors shall have the 
same power and authority as the inspectors of a general 
State election. 

And how held. Sec. 8. The manner of conducting and voting at the 
elections to be held under this act, and the keeping of the 
poll lists thereof, shall be the same as nearly as may be, as 
is provided by lavv^, at the general State election, Provided^ 
That the common council may hereafter if expedient, 
change the mode of election to that by ballot, and pre- 
scribe the manner of conducting the same. 

Whomayvote. Sec. 9. Every person voting at such election, shall be 
an actual resident of the ward in which he so votes, shall 
be a house holder within the city, or shall have paid a city 
tax of not less than three dollars, within twelve months 
next preceding such election, and shall have resided in said 
city at least six months next preceding such election, and 
shall moreover if required by any person qualified to vote 
thereat, before he is permitted tT vote, take the following 

Oath. oath: you swear or afiirm that you are of the age of twen- 

ty-one years, that you have been a resident of this city for 
six months immediately preceding this election, that you 
are a house holder therein, or that you have paid a city 
tax of not less than three dollars within twelve months 
next preceding this election, and that you are now a resi- 
dent of this ward, and have not voted at this election. 

Voters not to Sec. 10. The persons entitled to vote at any election 

be arrested. held undcr this act, shall not be arrested on civil process 
within said city on the day on which said election is held. 

Inspectors of Sec. ll. The trustees of the town of Chicago for the 

howao c'r"d ^''^^® being, shall appoint the inspectors of the first election 
'to be held under this act. Such election shall be held and 
conducted, and the votes thereat canvassed by said inspec- 
tors, and the result determined in the manner hereinbe- 
fore provided: the said trustees shall also appoint the time 
and place of holding such first election, which time shall 
be some day after the passage of this act. and on or before 
the first day of June next. 



CHICAGO. 53 

Sec. 12. Vacancies in the offices of Mayor and Alder- How racanciea 
men occuring in any manner, may be filled at a special S^^^- 
election called and appointed by the common council, and 
conducted in the same manner as an annual election; vacan- 
cies in all other oSces shall be filled by appointment by the 
common council: all appointments to fill a vacancy in an What officers 
elective office under this act, and all appointments of clerk, *° ^^ appointed 
Treasurer, Attorney for the city, police constables, collec- 
tors, street commissioners and city surveyors, shall bs by 
warrant under the corporate seal, signed by the Mnyov as 
presiding officer of the common council, and clerk. In case 
of a failure to elect Aldermen at an annual election, or if 
from any cause there shall be no Alderman, the clerk shall 
appoint the time and places for holding a special election, 
and appoint the inspector::: all officers appointed or elected 
to any office under, and by virtue of this act, except as 
hereinafterwards provided, shall be appointed or elected 
annually, and except to fill a vacancy, shall hold their 
respective offices for one year, and until others are chosen, 
and have taken the oath of office. 

Sec. 13. The common council shall appoint as many Co^"<='lt<' *P- 
police constables as they shall think proper, not exceeding ^°'" "^""^ ^ 
one in each vrard, who shall not have povi^er to serve any 
civil process out of the limits of said city, except in cases 
of persons fleeing from said city, and to commit on execu- 
tion where the defendant shall have been arrested in the 
said city. 

Sec. 14, The Mayor for the said city, shall be chosen Mayor how 
by the qualified electors of the said city, at the same time chosen. 
and in the same manner as is prescribed for the choosing of 
Aldermen, vrhose term of service shall be for one year, Term of sev- 
until his successor shall be chosen and qualified. At the ^"^^' 
time of voting for Aldermen, the electors of said city shall 
also vote in their respective wards, for some quahfied per- 
son as Mayor of said city, which votes shall be canvassed 
and certi'fied at the same time, and in the same manner as 
those given for Aldeimeuo and the person having the high- 
est number of votes given in the several wards at such elec- 
tion shall be Mayor. 

Sec. 15. The mayor and aldermen of the said city shall C^on cou^, 
constitute the common council of said city. The common 
council shall meet at such times and places as they shall 
by resolution direct, or as the mayor, or in his absence any 
two of the aldermen, shall appoint. The mayor v/hen 
present, shall preside at all meetings of the common coun- 
cil, and shall have only a casting vote. In his absence, 
any one of the aldermen, may be appointed to preside: a 
majority of the persons elected as aldermen, shall consti- 
tute a quorum. No member of the common council shall, 



54 



CHICAGO. 



during the period for which he was elected, be appohited 
to, or be competent to hold any office of which the emolu- 
ments arc paid from the city treasury, or paid by fees di- 
rected to be paid by any act or ordinance of the common 
council, or be directly or indirectly interested in any con- 
tract, the expenses or consideration whereof are to be paid 
under any ordinance of the common council. But this sec- 
tion shall not be constiued to prevent the mayor from re- 
ceiving his salary or any other fees permitted by this act. 
When to meet. Sec. 16. The conimon council shall meet annually, af- 
ter the year 1837, on the second Tuesday in March, and iii 
1837, on the day followmg the election, and, by ballot, ap- 
point a clerk, treasurer, city attorney, street commissioner, 
police constables, clerk of the market, one or more collect- 
ors, one or more city surveyors, one or more pound mas- 
ters, porters, carriers, cartmen, packers, beadles, bellmen, 
sextons, common cries, scavengers, measurers, surveyors, 
weighers, sealers of weights and measures, and gangers. — 
If for any cause the officers above named are not appoint- 
ed on the second Tuesday of March, on the day after the 
election, in the year eighteen hundred and thirty-seven, 
the common council may adjourn from time to time until 
such appointments are made. 

Skc. 17. If any inhabitant of said city, elected or appoint- 
ed to any office in pursuance of this act, shall refuse or neg-* 
lectto accept such office, and take and subscribe the oath of 
office prescribed by the constitution of this State, for five 
days after personal notice in writing, from the clerk, of his 
election, he shall forfeit the sum of ten dollars. 

Sec. 18. Every person chosen or appointed to any exec- 
utive, judicial or administrative office, under this act, shall, 
before he enters on the duties of his office, take and sub- 
scribe, before some justice of the peace, the oath of office 
prescribed in the constitution of this State, and file the 
same, duly certified by the officer before whom it was ta- 
ken, with the clerk of the city. 
Bonds to be Sec. 19. The treasurer, street commissioner, and col- 

given, lector or collectors of said city, shall, severally, before they 

enter on the duties of their respective offices, execute a 
bond to the city of Chicago, in such sum, and with such 
sureties as the common council shall approve; conditioned 
that they shall faithfully execute the duties of their re- 
spective offices, and account for, and pay over all monies 
received by them respectively; which bonds, with the ap- 
proval of the common council certified thereon by the 
clerk, shall be filed with the clerk of the city. 
Constable to Suc. 20. Evcry person appointed to the office of Con- 

give bond. stable, in said city, shall, before he enters upon the duties 
of his office, with two or more sureties, to be approved by 



Refusing to ac- 
cept office. 



Officer to take 
oath. 



CHICAGO. 



55 



the common council, execute in presence of the clerk of the 
city, an instrument in writing, by which such constable and 
sureties shall jointly and severally agree to pay to each and 
every person who may be entitled thereto all such sums of 
money as the said constable may become liable to pay, by 
reason or on account of any summons, execution, distress 
warrant or other process which shall be delivered to him 
for collection. The clerk of the city shall certify the ap- Duty of clerk. 
proval of the common council on such instrument, and file 
the same; and a copy of such instrument, certified by the 
clerk under the corporate seal, shall be presumptive evi- 
dence in all courts, of the execution thereof by such con- 
stable and his sureties; and all actions on any such instru- 
ment shall be prosecuted within two years after the expi- 
ration of the year for which the constable named therein 
shall have been elected or appointed, and may be brought 
in the name of the person or persons entitled to the money 
collected by virtue of such instruments. 

Sec. 21. The treasurer shall receive all monies belong- Duty of treas- 
ing to the city, and keep an acccurate account of all re- "'^^"* 
ceipts and expenditures, in such manner as the common 
council shall direct; all monies shall be drawn from the 
treasury in pursuance of an order of the common council 
by warrant signed by the mayor or presiding ofiicer of the 
common council, and countersigned by the clerk: such 
warrant shall specify for what purpose the amount 
specified therein, is to be paid; and the clerk shall keep an 
accurate account of all orders drawn on the treasury, in a 
book to be provided for that purpose. The treasurer shall 
exhibit to the common council, at least fifteen days before 
the annual election in each year, a full and detailed ac- 
count of all receipts and expenditures, after the date of the 
last annual report, and also of the state of the treasury, 
which account shall be filed in the oflice of the clerk. 

Sec. 22. It shall be the duty of the common council, at J?°h'riipon"of 
least ten days before the annual election held under this expenditures, 
act in each year, to cause to be published in two or more *^<^« 
of the public newspapers in said city, a full and correct 
statement of the receipts and expenditures by the said com- 
mon council, for the contingent expenses of the said city 
from the date of the last annual report, published in pur- 
suance of this section to the date of said reports, and also 
a distinct statement of the whole amount of money assess- 
ed, received and expended in the respective v/ards for ma- 
king and repairing roads, highways and bridges, in said city 
for the same period, together with such other information 
in their power to furnish, as may be necessary to a full un- 
derstanding of the financial concerns of the said city. 

Sec. 23. The clerk shall keep the corporate Seal, and 



gfi CHICAGO. 

Clerk to keep all the papers belonging to said city, and make a record 
eeai & record, of the proceedings of the common couacil, at whose meet- 
ings if shall be his duty to attend; and copies of all pa- 
pers duly filed in his office, and transcripts from the re- 
cords of the proceedings of the common council certified 
by him under the corporate Seal, shall be evidence in all 
courts in like manner as if the original were produced. 
Duty of street Sec. 24. It shall be the duty of the street commission- 
commissioner, er to superintend the making of all public improvements 
ordered by the common council, and to make contracts for 
the v/ork and materials which may be necessary for 
the same, and shall be the executive officer to carry into 
effect the ordinances of the common council relative there- 
to, and shall keep accurate accounts of all monies expend- 
ed by him in performance of any v/ork, together with the 
cause of such expenditures, and to render such account to 
the common council, monthly. 
Duty of city Sec. "25. That the city surveyor or surveyors, appoint- 
*urveyor. ^^ ^^ 1^,,^ ^^jj common council, shall have the sole power, 

under the direction and control of the said common coun- 
cil, to survey within the hmits of said city; and he or they 
shall bo governed by such rules and ordinances as the said 
common council shall direct, and receive such fees and 
emoluments for his or their sci'vices, as the common coun- 
cil shall appoint. 
Salary of may- Sec. 9d. The mayor of said city, for the time being, 
W &c. shall be allowed an annual salary of five hundred dollars, 

payable out of the treasury, and the other officers of said 
corporation shall be paid out of the treasury such compen- 
sation for their services, vv^hen the same are not herein 
provided for, as the said common council may deem ade- 
quate and reasonable. 
^_ , Sec. "27. If any person after having been an officer in said 

liverto success- city, shall not,v/ithin ten daysafternotification and request, 
t)r papers «fcc. deliver to his successor in office all the property, papers 
and effects of every description in his possession belonging 
to the said city, or appertaining to the office he held, he 
shall forfeit and pay for the use of the city one hundred 
dollars, besides all damages caused by his neglect or refus- 
al so to deliver. 
Meetings when Sec. 28. The common council shall hold Stated meetings 
& iiow held, & j.j-,(] {[^q Mayor or any tv.-o Aldermen, m.ay call special 
k\l^^ *^'^""' meetings by notice to each of the members of said coun- 
cil, served personally, or left at his usual place of abode. 
Petitions a,nd remonstrances may be presented to the com- 
mon council. The f.omnion council shall have the man- 
agement and control of the finances, and of all the pro- 
perty real and personal, belonging to the corporation, and 
ehall have power within said city, to make and establish. 



CHICAGO. 

publish, alter, modify, amend and repeal ordinances, 
regulations, rules, and bye laws, for the following purposes: 

1st. To prevent all obstructions in the waters which are 
public highways in said city. 

2d. To prevent and punish forestalling and rcgrating, and 
to prevent and restrain every kind of fraudulent device and 
practice. 

3d, To restrain and prohibit all descriptions of gaming 
and fraudulent devices in said city, and all playing of dice, 
cards and other games of chance with, or without betting, 
in any grocery, shop or store. 

4th. To regulate the selling or giving a,way any ardent 
spirits, by any storekeeper, trader or grocer, to be drunk 
in any shop, store or grocery, outhouse, yard, garden or oth- 
er place within the city,except by innkeepers duly licensed. 

5th. To forbid the selling or giving away of ardent spir- 
its, or other intoxicating liquors, to any child, apprentice, 
or servant, without the consent of his or her parent, guar- 
dian, master or mistress, or to any Indian. 

Gth. To regulate, license, or prohibit the exhibition of 
common shewmcn, and of shows of every kind, or the ex- 
hibition of any natural or artificial curiosities, caravans, 
circuses or theatrical performances. 

7th. To prevent any riot or noise, disturbance, or disorder- 
ly assemblage. 

8th. To suppress and restrain disorderly houses and gro- 
ceries, houses of ill fame, billiard tables, nine or ten pin 
allies or tables, and ball allies, and to authorize the de- 
struction and demolition of all instruments and devices 
used for the purpose of gaming. 

9th. To compel the owner or occupant of any grocery, 
cellar, tallowchandler's shop, soap factory, tannery, sta- 
ble, barn, privy, sev/er, or other unAvholesome nauseous 
house or place, to cleanse, remove or abate the same, from 
tiuie to time, as often as may be necessary for the health, 
comfort and convenience of the inhabitants of said city. 

10. To direct the location and management of all slaugh- 
ter houses, markets, and houses for storing powder. 

11. To regulate the keeping and conveying of gunpow- 
der and other combustibles and dangerous materials, and 
the use of candles and lights in barns and stables. 

12. To prevent horse racing, immoderate riding or 
driving in the streets, and to authorize persons immoder- 
ately riding or driving as aforesaid, to be stopped by any 
person. 

13. To prevent the encumbering the streets, side walks 
lanes, alleys, public wharves atid docks, with carriages, 
carts, sleighs, sleds, wheelbarrows, boxes, lumber, timbers, 
firewood, or any other substance or material whatsoever. 

H 



57 



58 CHICAGO. 

14. To regulate and determine the times and places of 
bathing and swimming in the canals, rivers, harbors and 
other waters, in and adjoining said city. 

15. To restrain and punish vagrants, mendicants, street 
beggars, and common prostitutes. 

16. To restrain and regulate the running at large of 
cattle,horscs, swine, sheep, goats and geese, and to authorize 
the distraining, impounding and sale of the same, for the 
penalty incurred and costs of proceeding. 

17. To prevent the running at large of dogs, and to au- 
thorize the destruction of the same when at large, contra- 
ry to the ordinance. 

1 8. To prevent any person from bringing, depositing^ 
or having within the limits of said city, any dead carcass 
or any other unwholesome substance, and to require the 
removal or destruction by any person who shall have up- 
on or near his premises any such substance, or any putrid or 
unsound beef, pork, fish, hides or skins of any kind, and on 
his default, to authorize the removal or destruction thereof 
by some officer of said city. 

19. To prevent the rolling of hoops, playing at ball or 
flying of kites or any other amusement or practice having 
a tendency to annoy persons passing in the streets and on 
the side walks in said city, or to frighten teams and horses 
within the same. 

20. To compel all persons to keep the snow, and ice, and 
dirt from the side walks in front of the premises owned or 
occupied by them. 

21. To prevent the ringing of bells, blowing of horns 
and bugles, crying of goods and other things within the 
limits of said city. 

22. To abate and remove nuisances. 

23. To regulate and restrain runners for boats and sta- 
ges. 

24. To survey the boundaries of said city. 

25. To regulate the burial of the dead. 

26. To direct the returning and keeping of bills of mor- 
tality, and to impose penalties on physicians, sextons and 
others, for any default in the premises. 

27. To regulate guageing, the place and manner of sel* 
ling and weighing hay, of selling pickled and other fish, and 
of selling and measuring of wood, lime and coal, and to 
appoint suitable persons to superintend and conduct the 
same. 

28. To appoint watchmen, and prescribe their duties 
and powers. 

29. To regulate cartmen and cartage. 

30. To regulate the police of said city. 

31. To establish, make and regulate public pumps, wells^ 



CHICAGO. 59 

cisterns, and reservoirs, and to prevent the unnecessary 
Waste of water. 

32. To establish and regulate pubiic pounds, 

33. To erect lamps and regulate the lighting thereof. 

34. To regulate and license ferries. The said common 
council shall have the power to prohibit the use of loco- 
motive engines on any rail road within the inhabited parts 
of said city, and may require the cars to be used thereon 
within the inhabited portions thereof, to be drawn or pro- 
pelled by other power than that of steam. The common 
council may erect and establish a Bridewell or house of cor' 
rection in the said city, and may pass all necessary ordi- 
nances for the regulation thereof; may appoint a keeper 
and as many assistants as shall be necessary, and shall pre- 
scribe their duties and compensation, and the securities to 
he given by them. In the said Bridewell or house of cor- 
rection, shall be confined all rogues, vagabonds, strag- 
glers, idle or disorderly persons who may be committed 
thereto by the mayor or any alderman in said city; and all 
persons sentenced by any criminal court in and for said city, 
for any assault and battery, petit larceny, or other misde- 
meanor punishable by imprisonment in a county jail, shall 
be kept therein in the same manner as prisoners of that 
description are required to be kept in the county jails. — 
The common council may, by ordinances, require every 
merchant, retailer, trader and dealer in merchandize or 
property of arjy description which is sold by measure or 
weight, to cause their weights and measures to be sealed 
by the city seaJer, and to be subject to his inspection, and 
may impose penalties for any violation of any such ordi- 
nances; the standard of which weights and measures shall 
be agreeable to those now established by law. 

Sec. 21). The common council shall have power, from Council to pie- 
time to time, to prescribe the duties of all officers and per- off/ce^is. "''^^ ° 
sons appointed by them to any office or place whatsoever, 
subject to the provisions of this act, and may remove all 
such persons or officers at pleasure. 

Sec. 30. The common council may make, publish, or- F^'ither power, 
dain, amend and repeal, all such ordinances, bye laws, and 
police regulations, not contrary to the laws of this State, 
for the good government and order of said city, and the 
trade and commerce thereof, as may be necessary to car- 
ry into effect the powers given to said council by this act, 
and enforce observance of all rules, ordinances, bye-laws 
and police regulations made in pursuance of this act, by 
imposing penalties upon any person violating the same, not 
exceeding one hundred dollars for any otlence, to be recov- 
ered with costs, in an action of debt before the Mayor or 
any Justice of the Peace of the said city, every such oi> 



60 



CHICAGO. 



At annual 
meeting to deS' 
ignate uhat 
papei ordinan- 
ces to be pub- 
lished. 



Actions how 
brought . 



Who compn- 
teiit witnesseF. 
judge or jurors 



Council may 
correct assess- 
ments and fix 
late. 



dinance or bye-law, imposing any penalty or forfeiture for 
a violation ot its provisions, shall, after the passage there- 
of, be published for three weeks successively, in the cor- 
poration newspaper printed and published in said city; and 
proof of such publication by the aftidavit of the printer or 
publisher of said newspaper, taken before any officer au- 
thorized to administer oaths, and filed with the clerk of the 
city, or any other competent proof of such publication,shall 
be conclusive evidence of the legal publication and pro- 
mulgation of such ordinance or byelav/s in all courts and 
places. 

Sec. 31. The common council at their annual meeting 
on the second Tuesday in March, in each year, after eight- 
, een hundred and thirty-seven, and at their first meeting 
in that year, or w^ithin ten days thereafter, shall designate 
one public ncM^spaper printed in said city, in which 
shall be published all ordinances and other proceedings 
and matters required in any case by this act, or the by- 
laws and ordinances of the common council, to be publish- 
ed in a public newspaper. 

Sec. 32. All actions brought to recover any penalty or 
forfeiture incurred under this act, or the ordinances, by- 
laws or police regulations made in pursuance of it, shall be 
brought in the corporate name; and in any such action it 
shall be lawful to declare generally in debt for such penal- 
ty or forfeiture, stating the section of this act, or the by- 
laws or ordinances under which the penalty is claimed, 
and to give the special matter in evidence, and the defen- 
dant may plead the general issue and give the special mat- 
ter in evidence under it. The first process in any such 
action shall be by warrant, and execution may be issued 
thereon immediately on the rendition of judgment. If the 
defendant in any such action have no goods or cbat» 
tels, lands or tenements, whereof the judgment can be col- 
lected, the execution shall require the defendant to be im- 
prisoned in close custody in the jail of Cook county for a 
term not exceeding thirty days. All expenses incurred in 
prosecuting for the recovery of any penalty or forfeiture, 
shall be defrayed by the corporation, and all penalties and 
forfeitures when collected shall be paid to the treasurer 
for the use of the city. 

Sec. 33. No person shall be an incompetent judge, jus- 
tice, witness or juror, by reason of his being an inhabitant 
or freeliolder in the city of Chicago, in any action or pro- 
ceeding in which tlie said city is a party in interest. 

Sec. 34. The common council of said city shall have 
power to revise, alter and correct the several assess- 
ment rolls of the different assessors of said city and to pre- 
scribe the rate of assessment, the form of the assessment 



CHKJAGO. 61 

roll, and to make such rules in relation thereto as they 
may deem expedient and proper. 

8ec. 35. The common council shall have power in each -, 
year to raise a sufficient sum by tax upon real or personal eity. ^ ^^ ^ 
estate in said city, not exceeding the one half of one per 
centum upon the assessed value thereof, to defray the ex- 
penses of lighting the streets, supporting a night watch, 
and making and repairing streets, roads, highways and 
bridges in the said city and to defray the contingent and 
other expenses of said city; Prdvided^thni the said common Proviso. 
council shall in no case levy a tax upon lots or land own- 
ed by the State, nor any tax for making and repairing 
streets, roads and highways, contrary to the subsequent 
provisions of this act. 

Sec. 3G. The said common council are hereby author- 
ised to require every male resident of the city over the 
age of twenty-one years, to labor at least three days in each Labor of citi- 
and every year upon the streets and alleys of said city, at ^ens on streets. 
such time and in such manner as the street commissioner shall 
direct, but any person may at his option pay at the rate of 
one dollar for every day he shall be so bound to labor, and 
such labor or payment shall be in lieu of all labor requir- 
ed to be performed upon o-ny roads, streets or alleys by any 
law of this State; and in default of the payment of such 
money, or the performance of such labor, the said common 
council may sue for and collect such money before the 
Mayor or any Justice of the Peace. 

Sec. 37. The said common council shall have the ex- r^ , • 

1 • J. 1 J • J J I ji tixlusive pow- 

cJusive power to regulate, repair, amend and clear the er of the coun- 
streets and alleys of said city; bridges, side and cross walks, cii in regard to 
and of opening said streets, and of putting drains and sew- ^'''^^^® ^°^ *^-" 
ers therein, and to prevent the encumbering of the same in 
any manner, and to protect the same from encroachments 
and injury; they shall also have power to direct and regu- 
late the planting and preserving of ornamented trees, in the 
streets of said city. 

Sec. 38. The common council shall have power to lay 
out, make and assess streets, • alleys, lanes, highways in 
said city, and make wharves and slips at the end of 
streets, on property belonging to said city, and to alter, wi- 
den, contract, straighten and discontinue the same, but no 
building exceeding the value of one thousand five hundred 
dollars shall be removed, in whole or in part, without the 
consent of the owner. They shall cause all streets, alleys, 
lanes or highways, laid out by them, to be surveyed, des- 
cribed and recorded in a book to be kept by the clerk, and 
the same when opened and made shall be public highways. 
Whenever any street, alley, lane, highway, wharf or slip 
is laid out, altered, widened or straightened by virtue of this 



03 CHICAGO. 

section, the common council shall give notice of their in- 
tention to appropriate and take the land necessary for 
the same to the owner or owners thereof by publishing 
said notice for fourteen days in the corporation newspaper 
printed in said city, and after the expiration of the said four- 
teen days the common council shall give notice to the 
said owner or owners by publishing the same for thirty 
days in the corporation newspaper, that such owner or 
owners may file a notice with the clerk of the city of a 
Tamages. claim for damages, on account of appropriating the land of 
such owner or owners for the uses specified in this section; 
and if such owner or owners shall within said thirty days 
file or cause to be filed such notice of a claim for damages 
as aforesaid, with the clerk of the city, the common coun- 
How dcteimin- cil shall choose by ballot five discreet and disinterested 
^ * freeholders, residing in said city, as commissioners to as- 

certain and assess the damages and recompense due the 
owner or owners of such land, and at the same time to 
determine what persons will be benefited by such improve- 
ment, and to assess the damages and expenses thereof, on 
the real estate of the persons benefited, in proportion, as 
nearly as may be, to the benefits resulting to each. A maj- 
ority of all the aldermen authorised by law to be elected, 
shall be necessary to constitute a choice of such commission- 
ers. The commissioners shall be sworn by the mayor or any 
justice of the peace in said city, faithfully and impartially to 
execute their duty in making such assessment, according 
to the best of their ability. The commissioners shall view 
the premises, and in their discretion receive any legal evi- 
dence, and may if necessary adjourn from day to day. — 
The commissioners shall before they enter upon the du- 
ties assigned them by this section, give notice to the per- 
sons interested of the time and place of the meeting of the 
said commissioners for the purpose of viewing the premi- 
ses and of making such assessment, at least five days be- 
fore the time of such meeting, by publishing such notice in 
the corporation newspaper printed in said city. The said 
commissioners shall determine and award to the owner or 
owners of said land such damages as they shall judge such 
owner or owners to sustain in consequence of such street, 
lane, alley, highvi^ay, wharf or slip having been laid out, al- 
tered, widened or straightened, after taking into consider- 
ation and making due allowance for any benefit which 
said owner or owners may derive from such improvement. 
The said commissioners shall at the same time assess and 
apportion the said damages and expenses of said improve- 
ment on the real estate benefited thereby, as nearly as 
may be, in proportion to the benefit resulting therefrom, 
and shall describe the real estate upon 'vvhich any such aS' 



CHICAGO* 63 

cessment is made. If there be any building on any land 
taken for such improvement, the owner thereof shall have 
ten days, or such time as the common council may allow 
after the final assessment of the commissioners is returned 
to and confirmed by the common council, to remove the 
same, and in case such owner removes such building, the 
value thereof to the owner to remove shall be deducted from 
the amount of the damages awarded to the owner thereof, 
and such value shall be at the time of the assessment de- 
termined by the commissioners. The determination and 
assessment of the commissioners shall be returned in wri- 
ting, signed by all the commissioners to the common coun- 
cil, within thirty days after their appointment by said com- 
mon council as aforesaid; the ccmmon council may, if suffi- 
cient objections are made to the appointments of any of 
said commissioners, or if any such commissioners shall be 
unable to serve, by sickness or any other cause, appoint oth- 
er commissioners to serve in their places, in the manner as 
is herein provided. And the said common council, after the 
determination and assessment of the commissioners as 
aforesaid is returned to them, shall give two weeks notice in 
the corporation newspaper, prinfcdin said city, that such 
determination and assessment of the commissioners will, 
on a day to be specified in said notice, be confirmed by the 
common council, unless objections to such determination 
and assessment as aforesaid, are made by some person in- 
terested; all objections to such determination and assess- 
ment as aforesaid, shall be briefly stated in writing and 
filed with the clerk; if no objections are made as aforesaid, 
the said determination and assessment shall be confirmed 
by the common council. If objections are made as 
aforesaid, any person interested may be heard before the 
common council, touching the said determination and 
assessment of the commissioners on the day specified in 
the aforesaid notice, or on such other day or days as the 
common council shall for that purpose appoint; and the 
said common council in consideration of the objections 
made, shall have power in their discretion to confirm such 
determination and assessment of the commisioners, or to 
annul the same, and refer the same subject matter back to 
the same commissioners, or appoint five other commission- 
ers for the purposes and in the manner herein provided; 
and the said commissioners shall make the second deter- 
mination and assessment, and return the same to the com- 
mon council in like manner, and give like notices, as they 
are herein required in relation to the first determination 
and assessment, and returns thereof, and the parties in in- 
terest shall have the like notices and rights, and the com- 
mon council shall perform like duties, and have like pow- 



And how col- 
lected . 



CHICAGO. 

ers ill relation to the second determination and asseis- 
ment of said commissioners as are herein given and required 
in relation to the first determination and assessment of said 
commissioners, and in case the common council shall con- 
firm the second determination and assessment of said com- 
missioners, the same shall be final and conclusive on all 
persons interested. But in case the common council shall 
annul the same, then all the proceedings in relation to lay- 
ing out, altering, widening or straigthcning such street, al- 
ley, lane, highwav, wharf or slip shall be null and void. But 
nothing herein contained shall authorise the said common 
council to discontinue or contract any street or highway 
or any part thereof, except for the purpose of widening 
and improving the rivers and making basins and slips 
within said city, without the consent in writing of all per- 
sons owning land adjoining such street or highway. That 
in all cases where the whole of any lot or parcel of land 
or other premises underlease or other contract shall be ta- 
ken for any of the purposes aforesaid by virtue of this 
act, all the covenants, contracts and engagements between 
landlord and tenant, or any other contracting parties, 
touching the same or any part thereof, shall upon confir- 
mation of such report in the premises as shall be confirm- 
ed by the common council aforesaid, respectively cease 
.ind determine and be absolutely discharged; and in all ca- 
ses where part only of any lot or parcel of land or other 
premises so under lease or other contract, shall be so ta- 
ken for any of the purposes aforesaid, all contracts and 
engagements respecting the same, shall upon the confirm- 
ation of such report in the premises as shall be so confirm- 
ed as aforesaid, shall cease, determine and be absolutely 
discharged, as to the part thereof so taken, but shall remain 
valid and obligatory as to the residue thereof, and the 
rents, considerations and payments reserved; payable and 
to be paid for, or in respect to the same shall be so appor- 
tioned as that the part thereof, justly and equitably paya- 
ble, or that ought to be paid for such said residue thereof, 
and no more shall be demanded or paid or recoverable 
for or in any respect of the same. 'No power is given by 
virtucof thisacttoalter,change,lay outin lots or lease that 
part of the town of Chicago originally laid out by the commis- 
sioners of the Illinois and Micliigan canal on section nine, 
in township thirty seven north, range fourteen, east of the 
third principal meridian, as lies between the river and 
north and south water streets, or is comprised within said 
streets. 

Sec. 39. All taxes and assessments imposed, voted and 
assessed by the said common council, shall be collected by 
the collector of the said city, in the same manner and with 



CHICAGO. 65 

the same power and authority as taxes in and for any coun- 
ty of the State are coliccted, by virtue of a warrantor 
warrants under the corporate seal, signed by the Mayor or 
presiding officer, or by suit in the corporate name with 
interest and costs, and the assessment roll of the said com- 
mon council shall in all cases be evidence on the part of 
the corporation, and taxes or assessments, imposed or as- 
sessed on, or in respect of any real estate, within the said 
city, shall be a lien, on filing the roll wiih the clerk of the 
city on such real estate, and in case suchtaxcsor a?sessments 
are not paid, the common council may cause such real es- 
tate to be sold for the payment and collection of such tax- 
ies and assessments as aforesail, together with the expens- 
es of the sale, in the manner and with the .effect, and sub- 
ject to the provisions speciiicd in the forty-first .section of 
this act, relative to the sales of real estate, for the non pay- 
ment of assessments or taxes: all taxes and sums of money 
iraised and collected by virtue of this section, shall be paid 
to the treasurer of the city. la all cases v/here there is no 
agreement to the contrary, the ov/ner or landlord and not 
the occupant or tenant, shall be deemed in law the per- 
son who ought to bear and pay every assessment made for 
the expenses of any public improvement in the said city, 
where any such assessment shall be made upon or paid by 
any person, when by agreement or by law, the same ought 
to be borne or paid by any other person, it shall be lawful 
for the one so paying, to sue for and recover of the person 
bound to pay the same, the amount so paid with interest, 
in an action for money so paid, laid out and expended for 
the benefit of such defendant; nothing herein contained 
shall impair, or in any way effect, any agreement between 
any landlord and tenant, or other persons respecting the 
payment of such assessments. 

Sec. 40. The common council shall have power to cause Councils power 

11 1 ! • 1 • 1 -J , 1 1 1 to grade streets 

any street, alley, lane or highway m said city, to be graded, and alleys. 
levelled, paved, repaired. Macadamised or gravelled, to 
cause cross and side walks, drains, sewers and aqueducts 
to be constructed and made in the said city, and to cause 
a,ny side walks, or drains, sewers and acqueducts to be re- 
laid, amended and repaired, and to cause the expenses of 
all improvements (exceptside walks,) made and directed un- 
der this section, to be assessed upon the real estate in 
any ward in said city, deemed benefitted by such improve- 
ments, in proportion to the benefits resulting thereto, as 
nearly as may be, which assessment shall not exceed two 
per centum perannum on the property assessed. The com- 
mon council shall determine the amount to be assessed for 
all improvements to be made or directed under this section, 
except side walks, and shall appoint by a m-aj,arity of all 

I 



C)G CHICAGO. 

the aldermen authorised by law to be elected five reputa- 
ble freeholders of said city, by ballot, to make such assess- 
ment. The assessors shall be sworn before the mayor or 
any justice of the peace in said city, faithfully' and impar- 
tially to execute their duty as such assessors according to the 
best of their ability, and before entering upon the duties 
assigned them by this section, the assessors shall give no- 
tice to ail persons interested, of the time and place of 
meeting of said assessors, at least four days before the 
time of such meeting, by publishing such notice in the cor- 
poration newspaper printed in said city, and they may, if 
necessary, adjourn from day to day. The said assessors 
shall assess the amount directed by the common council to 
be assessed, for any such improvement on the real estate 
deemed by them to be benefited thereby, in proportion to 
the benefit resulting thereto as nearly as may be, and the 
said assessors shall briefly describe in the assessment roll 
to be made by them, the real estate on, or respect to which 
any assessment is made under this section; when the assess- 
ment is completed, they shall give like notice, and also 
publish the same in the corporation newspaper, and have 
the same power to make corrections as in the case of the 
assessment of taxes. They shall deliver a corrected copy 
of the assessment roll signed by all the assessors, to the 
clerk of the city, within sixty days after their appointment 
as aforesaid, and any person interested may appeal to the 
common council for the correction oi the assessment: such 
appeal shall be in writing, and shall be delivered to the 
clerk or presiding officer of the common council, within 
ten days after the corrected copy of the assessment roll is 
filed with the clerk. In case of appeal, the common coun- 
cil shall appoint a time within ten days thereafter, for the 
hearing of those who are interested, and shall cause a no- 
tice to be published in the corporation newspaper, desig- 
nating the time and place and object of hearing, and they 
may adjourn said hearing from time to time, as may be 
necessary, and the common council shall, in case of appeal 
as aforesaid, have power in their discretion to confirm such 
assessment, or to annul the same and direct a new assess- 
ment to be made in the manner hereinbefore directed by the 
same assessors or by five other assessors to be appointed as 
aforesaid, by the common council and sworn as aforesaid, 
which shall be final and conclusive on all parties interested 
in case the common council shall confirm the sam.e. But 
in case the common council shall set aside the lastafoi'csaid 
assessment all the proceedings in relation to the grading, 
levelling, paving, repairing, macadamizing or gravelling 
such street, ally, lane or highway in said city, sliall be null 
and void. If the first assessment to be made and confirmed 



CHICAGO. U7 

under this or, the preceding sections proves insufficient, 
the common council may cause another to be made in the 
same manner, or if too large an amount shall at any time 
be raised,thc excess shall be refunded ratably to those bj 
whom it was paid. The said assessors may, if in their opinion 
any owner or owners of land situated on such street, alley, 
lane or highway, as shall bo gravelled or levelled, will sus- 
tain damages over and above the benefit v/hich may accrue 
to the owner or owners of such land by such improvement, 
assess such an amount as they may deem a reasonable re- 
compence to such owner or owners thereof, upon the real 
estate in said said city, deemed by them to be benefitted 
by such improvement, in proportion to the benefit result- 
ing thereto, as nearly as may be, and the said assessors shall 
add such amount to the assessment roll, which they are 
herein required to make and certify the said amounc to the 
common council, at the time of filing said roll with the 
clerk as aforesaid. If any vacancy shall happen in the of- 
fice of assessor for any of the causes mentioned in the 
thirty-eighth section of this act, the same shall be filled by 
the common council in the manner therein provided. 

Sec. 41. All assessments for improvements authorized 
by this act, shall be made upon the real estate, and be 
paid to or collected, by the collector, except as herein oth- 
erwise directed. A corrected copy of the assessment roll, 
shall in all cases be filed in the office of the clerk of the 
city, and the assessment shall be a lien upon the premises 
assessed for one year only after the final corrected copy of 
the assessment roll shall have been filed as aforesaid. In 
case of non payment, the premises may be sold at any time 
within the year from the time of the filing of the said as- 
sessment roll. Before any such sale, an order shall be 
made by the common council, which shall be entered at 
large in the records of the city kept by the clerk, direct- 
ing the attorney of the city to sell, and particularly descri- 
bing the premises to be sold and the assessment for which 
the sale is to be made, a copy of which order shall be de- 
livered to the said attorney. The said attorney shall then 
advertise the premises to be sold in the manner and for the 
time required in case of sales of real estate for taxes, and 
the sale shall be conducted in the same manner. The pro- 
ceedings may be stopped at any time before sale by any 
person paying to the said attorney the amount of the as- 
sessment, interest and expenses of advertising. All sales 
in such cases shall be made for the smallest portion of 
ground for which any person will pay the assessment, in- 
terest and expenses: certificates of the sale shall be made 
and subscribed by the said attorney, one of which shall be 
filed by him within tet) days after the day of sale in the 



68 CHICAGO. 

office of the clerk of the city, and one in the office of the 
recorder of Cook county, and shall contain a description 
of the property, and the price for which it was sold, and 
' state the amount of the assessment, interest, and expenses 
for which the sale was made, and the time at which the 
mht to redeem will expire. If the proceedings are stop- 
ped before a sale is made, the attorney may include one 
dollar and no more in the expenses for his fees. If the 
premises are sold, the attorney may include two dollars in 
the amount of expenses for his fees, and no more. The 
right of redemption in all cases of such sales in the same 
manner and to tlic same extent, shall exist to the owner and 
his creditors as is allovv-ed by law in the cases of sales of re- 
al estate for taxes. The money in case of redemption may- 
be paid to the purchaser or for him to the clerk of the city. 
In case of no redemption, or of redemption by the creditor 
or creditors, the common council shall make to the purchas- 
er or his legal representators, or the person entitled there- 
to, a deed with a special warranty, signed by the mayor 
of said city, and countersigned by the clerk of said city, 
containing a description of the said premises sold for tax- 
es or assessments as aforesaid. 
Appeal allow- Sec. 42. Any person interested, may appeal from any 
order of the common council for laying out, opening, ma- 
king, altering. or widening any street, cilley, lane, highway, 
to the circuit court of the county of Cook, or to the mu- 
nicipal courts of said city, by notice in writing, deliv- 
ered to the mayor or clerk of the city, at any time 
before the expiration of twenty days after the pas- 
sage of the ordinance therefrom by the common council. 
The only ground of appeal shall be the want of conformi- 
ty in the proceedings to this act. TJie propriety or utility 
of the streets, alleys, lanes, highways or other improve- 
ments, or the correctness of the assessment of damage if 
made in conformity totliis act, shall not constitute a ground 
of appeal. In case of appeal, the common council shall make 
return within tv/cnty days after notice thereof; and the 
said circuit oi municipal court shall, at the next term after 
the return v/hich shall be filed in the office of the clerk of 
said court,proceed tohear and determine the appeal and shall 
confirm or annul the proceedings of the common council. 
^n'sTbefor*" ^° ^^^' '^^' '^^^® ^'""'^^^ required to be taken for the making, 
falldstlken. opening or v/idening of any street, alley, lane, highway, in 
said city, shall not be so taken and appropriated by the 
common council, until the damages assessed and awarded 
therefor to any owner therefor under this act, shall be paid 
or tendered to such owner or his agent or legal representa- 
tive, or in case the said owner, or his agent or legal repre- 
sentative cannot be found in said city, shall be deposited, 



CHICAGO. 69 

to his or their credit, or for his or their use, in some safe 
place of deposit, other than the hands of the treasurer of 
said city; and then, and in such cases, and not before, such 
lands may be taken and appropriated by the common coun- 
cil, for the purposes, required in ma kingsuch improvements, 
and such streets, alleys, lanes, highways, wharves or slips, 
may be made and opened. 

Sec. 44. Where any known owner residing in said city Where lands 
or elsewhere, shall be an infant, and proceeding shall beJ?^'°"S'° '"■ 
had under sections thirty-eight and forty of this act, the 
circuit court of the county of Cook, the Judge thereof, the 
municipal court of said city, or any such judge of 
the supreme court or judge of probate for said county, 
may upon the applicaion of the common council, or such 
infant, or his next friend appoint a guardian for such in- 
fant, taking security from such guardian for the faithful 
execution of such trust, and all notices and summons 
required by either of said sections shall be served on such 
guardian. 

Sec. 45. All owners or occupants, in front of whose gjde walks, 
premises the comm.on council shall direct side v/alks to be 
constructed or repaired, shall make or repair such side 
walks at their own cost and charges, but if not done in the 
manner, and of the materials and within the time presci'i- 
bed by the common council, the said council may cause 
them to be constructed, and assess the expenses thereof up- 
on sach lots respectively, and collect the same in the man- 
ner directed by the thirty-eighth and fortieth and forty-first 
sections of this act, and such assessments shall be a lien 
upon such lot in like manner as assessments under the said 
thirty-eighth, fortieth, and forty-first sections. 

Sec. 46. The common council shall have pov/er to order P^vvei- of coun= 
the grading, paving, gravelling, raising, closing, fencing, a- gquaj-e^^^^ 
mending, cleansing and protecting any public square or area 
now, or hereafter laid out in said city, and to improve the 
same by the construction of walks and the rearing and pro- 
tecting of ornamental trees therein, and to cause such part 
of the expenses thereof as they shall deem just, to be assess- 
ed and collected in the manner prescribed in the thirty 
eighth, fortieth, and forty-first sections of this act, for as- 
sessing and collecting expenses of improvements mention- 
ed in those sections, and to cause the sale of any real es- 
tate on which such expenses are assessed, to he sold a,s pro- 
vided in said thirty-eighth, fortietli, and forty-first sections. 
Buf nothing herein shall empovv^er the said common coun- 
cil to divest or obstruct the interest of any individual in, 
or to any such square or area. 

Sec. 47. The common council shall have power to estab- Pewer to regu- 
lish and regulate a market or markets in said city, and to ^^'^ market. 
restrain and regulate the sale of fresh meats and vegetables 



70 CHICAGO. 

in said city, to restrain and punish the forestalling of poul- 
try, fruits, and eggs, and to licence under the hand and 
seal of the mayor annually, such and so many butchers aa 
they shall deem necessary and proper, and to revoke such 
license for any infraction of the bye-laws and ordinances 
of the common council, or other mal-conduct of such 
butchers in the course of their trade. 
Power to pre- Sec. 48. The common council for the purpose of guar- 
scnbe limits of ^jj^g against the calamities of fire, shall have power to pre- 
scribe the limits in said city, within which wooden build- 
ings shall not be erected or pjaced without the permission 
of the said common council, and to direct that all or any 
buildings w^ithin the limits prescribed, shall be made or 
constructed of stone or brick with partition walls, fire 
proof roofs, and brick or stone cornices andeave troughs, 
under such penalties as may be prescribed by the com- 
mon council, not exceeding one hundred dollars for any 
one ofience, and the further sum of twenty-five dollars for 
each and every week any building so prohibited shall be 
continued. 

Power to regu- Sec. 49. The common council shall have power to regr 
late construe- ulatc thc construction of chimneys so as to admit chimney 
»eys°^ *^'"'"' sweeps, and to compel the sweeping and cleaning of 
, * chimneys, and to prevent chimney sweeps from sweeping 

unless licensed as they shall direct, to prevent thc danger- 
ous construction and condition of chimneys, fire places, 
hearths, stoves, stove pipes, ovens, boilers, and apparatus 
used in any building or manufactory, and to cause the 
eame to be removed or placed in a safe and secure condi- 
tion when considered dangerous, to prevent the deposite of 
ashes in unsafe places, and to appoint one or more officers 
to enter into all buildings and enclosures to discover 
whether thc same are in a dangerous state, and to cause 
such as may be dangerous to be put in safe condition, to 
require thc inhabitants of said city to provide so many fire 
buckets, and in such manner and time as they shall pres- 
cribe, and to regulate the use of them in times of fire and to 
regulate and prevent the carrying on of manufactories 
dangerous in causing or promoting lire, and to prevent the 
use of fire works and fire arms in said city, or any part 
thereof, to compel the owners and occupants of houses and 
other buildings, to have scuttles in the roofs and stairs and 
ladders leading to the same; to authorize the mayor, al- 
dermen, fire wardens or other officers of said city, to keep 
away from the vicinity of any fire, all idle and suspicious 
persons and to compel all officers of said cily, and other 
persons to aid in the extinguishment of fires, and in the 
preservation of property exposed to danger thereat; and 
generally to establish such regulations for the prevention 



CHICAGO. 71 

and extinguishment of fires, as the common council may 
deem expedient. 

Sec. 50. The common council shall procure fire engines Power to pro- 
and other apparatus used for the exliiiguishinent of iires, *^!"'^ '^^^ ^"" 
and have the charge and control of the same, and provide fit 
and secure engine houses and otlicr phices for keeping and 
preserving the same, and shall have power to organize fire, 
hook, hose, bag, ladder and axe companies; to appoint dur- Fmiher power, 
ing their pleasure a competent number of able and reputable 
inhabitants of said city, firemen, to take the care and man- 
agement of the engines, and other apparatus and imple- 
ments used and provided for the extinguishment of fires, to 
prescribe the duties of firemen, and to make rules and reg- 
ulations for their government, and to impose such reasona- 
ble fines and forfeitures upon such firemen for a violation 
of the same, as the council may deem proper, and for inca- 
pacity, neglect of duty, or misconduct, to remove them and 
appoint others in their places. And the qualified electors 
of said city may, 'at the annual election to be held for said 
city, choose a chief engineer and two assistants engineers 
of the fire department, whose term of office shall be for 
one year, who with the other firemen, shall take the care 
and management of the engines and other apparatus and 
implements used and provided fortlic cxtinguishmentof fires, 
and whose duties and powers shall be dctincd by the com- 
mon council, Provided however^ That if the said qualified 
electors, shall for any reason fail to elect a chief engi- 
neer and two assistant engineers or either of them as afore- 
said, or if any of the ofliccs shall become vacant in any 
way, then such vacancy may bo filled by the common 
council in the same manner as other officers are appointed 
by them. 

Sec. 51. The members of the common council shall be No. ofwardsnn 
fire wardens, and shall have power to appoint such other 
fire wardens as they may deem necessary. 

Sec. 52. The members of the common council, hook Officeisexemp- 
and laddermen, axe-men, and firemen appointed by virtue "°" 
of this act, shall, during their term of service as such, be 
exempt from serving on Juries in all courts, and in the 
militia except in the case of war, insurrection or invasion. 
The name of each person appointed firemen, hook, and 
ladder men, or axmen, shall be registered with the clerk of 
the city, and the evidence to entitle him to the exemption 
as provided in this section, shall be the certificate of the 
clerk, made within the year in which the exemption is 
claimed. 

Sec. 53. The present firemen of the town of Chicago Present fiiemec 
shall be firemen of the city of Chicago, subject to be re- 
moved by the common council in like manner as other fire- 
men of said city. - 



72 CHICAUU. 

Fiuthet ex- Sec. 54. Every fireman, hook and ladder-man or axe- 

•mptions. man who shall have faithrully served as such in said city. 

or town of Chicago, or both, ior the term of ten years, shall 
be thereafter exempt from serving on juries in all courts 
or in the militia,"-except in case of war, invasion or insur- 
rection; and the evidence to entitle such person to the ex- 
emption as provided in this section, shall be a certificate 
under the corporate seal signed by the mayor and clerk. 
Power to give Sec. 55. The common couiicil may authorise the may - 
licence to tav- or or any other proper officer of the corporation to 
ern keepers. grant license to tavcrn-kccpers, grocers and kerpers of 
'^' ordinaries or victualling houses to sell wines and other li- 

quors whether ardent, vinous or fermented, in the manner 
prescribed by the laws of this State; and also to licence bil- 
liard tables, hackmen, draymen, carters, porters, omnibus 
drivers and auctioneers, and to adopt r'jles and regula- 
tions for their government and to impose duties upon the 
sale of goods at auction, and may moreover direct the 
manner of issuing, countersigning and registering of such 
licences, and may determine upon the fees to be paid for 
such licences; not less than five nor more than fifty dollars 
to be paid to the citv treasurer, and the sum to be paid to 
the mayor or other officer for granting 'such licence shall 
not exceed one dollar: bond shall be taken on the granting 
of such licence, for the due observance of the regulations 
of the common council in respect thereto. They shall be 
fded, and may be prosecuted, and the money collected 
shall be applied in snch manner as the common council 
shall direct. 

Sec. 56. The common council shall have pov/er to pass 
m-dTnanc°es^.'''' such ordinances as they shall deem proper for regula- 
ting or restraining tavern keepers, grocers, keepers of or- 
dinaries or victuaUing houses, hackmen, draymen, carters, 
porters, omnibus drivers and auctioneers. 
Powertoap- Sec. 57. The said common council shall be_ and here- 
poiiu board of by authorised to appoint annually, three commissioners as 
^•^'t*^- a board of health for said city, and the mayor of said city 

or presiding ofticer of the common council shall be presi- 
dent of said' board; and the clerk of said city shall be clerk 
of said board, and shall keep minutes of the proceedings 
thereof. The said common council shall at their pleasure 
appoint a health officer annually, and as often as the office 
may become vacant; and may remove liim at pleasure; 
whose duty it shall be to visit every sick person who may 
be reported to the board of health as hereinafter provided, 
and to report with all convenient speed his opinion of the 
sickness of such person to the clerk of the said board of health; 
anditshall be the duty of the said officer to visit and inspect 
at the request of the president of said board, all boats and 



CHICAGO. 73 

vessels running to or being at the wharves, landing pla- 
ces or shores in said city, which are suspected of having on 
board any pestilential or infectious disease, and nl' stores 
or buildings which arc suspected to contain unsound 
provisions or damaged hides or other articles, and to 
rnake report of the state of the same with all convenient 
speed to the clerk of tlie board of health. 

Sec. 58. In case any boat or vessel shall be at [oi] near pouerof board 
any of the wharves, slioies or landing places in said city and oiheaith. 
the said board of health shall believe that such boat or ves- 
sel is dangerous to the inhabitants of said city in conse- 
quence of their bringing and spreading any pestilential or 
infectious disease among said inhabitants, or have just 
cause to suspect or believe that if said boat or vessel is 
suffered to remain at or near the said wharves, shores or 
landing places, it will be the cause of spreading among 
the said inhabitants any pestilential or infectious disease, 
that it shall and may be lawful for the said board by an 
order in writing signed by the president for the time be- 
ing to Order such boat or vessel to any distance from said 
wharves, shores, or landing places, not exceeding three 
miles bejond the bounds of said city within six hours after 
the delivery of such order to the owner or consi2:nee 
of said boat or vessel, and if the master, owner, or consign- 
ee to whom such order shall be delivered shall neglect or re- 
fuse to comply therewith, the said president may enforce 
such removal^ and such master, owner or consignee shall be 
considered guilty of a misdemeanor and on conviction shall 
befinedasum not exceeding two hundred and fifty dol- 
lars, and imprisoned not exceedingtliree months, in the jail 
of the county of Cook, by any court having cognizance 
thereof; the said fine when paid to be applied by the said 
bojird to the support of the treasury of the city of Chicago. 

Sec. 59. Every person practising physic in the said ci- Duty of physci- 
ty who shall have a patient labouring under any malig- '^'^^^• 
nant or yellow fever or other infectious or pestilential dis- 
ease, shall forthwith make report thereof in writing to the 
clerk of said board of health, and for neglecting so to do 
shall be considered guilty of a misdemeanor and liable to a 
fine of fifty dollars to be sued for and recovered in an ac- 
tion of debt in any court having cognizance thereof, with 
Cost, for the use of the treasury of said city. 

Sec. 60. All persons in said city not being residents P?vver of board 
thereof, who shall be infected wath any infectious orpesti-°' 
lential disease and all things within said city which in 
the opinion of said board shall be infected by or tainted 
with pestilential matter and ought to be removed so as not 
to endanger the health of the city, shall by order of the 
said board of health be removed to so^ne proper place not 

K 



74 CHICAGO. 

exceeding three miles beyond the bounds of said city, to be 
provided by the said board at the expense of the said city^ 
and the said board may order any furniture or wearing ap- 
parrelto bedestroyed wheneverthey mayjudgeitto be nec- 
essary for the health of the city; and the said common 
council shall have pov/er tc erect one or more hospitals 
vv^ithin the said city, and to control and regulate the same. 
Sec. 61. All the estate real and personal, vested in or 
vested tn city belonging to or held in trust by the trustees of the town 
of Chicago, at the time this act shall take cflect as a law, 
shall be and is hereby declared to be vested in the city of 
Chicago, and the said common council shall be bound and 
holdcn in the same manner, to all persons whomsoever, for 
all causes whatsoever as the trustees of the town of Chi- 
cago were bound and holdcn under and by virtue of any 
law of this S-tate. 
Power of coun- Sec. 62. Thc Said common council are hereby author- 
cji to borrow j^ed and empovvrered to borrow upon the faith and pledge of 

money. j.i -j. r /m • i r , 

the city of Chicago, such necessary sum or sumsoi money, 
for any term of time, and at such rate of interest, and pay- 
able at such place as they may deem expedient, not exceed- 
ing one hundred thousand dollars for any one year, and to 
issue bonds or scrip therefor under the seal of the said corpo- 
ration, signed by the mayor and countersigned by the clerk, 
such sum or sums so borrowed, to be expended and applied 
in the liquidation of the debts of the said city of Chicago, 
and in the permanent and useful improvements of the said 
city, and to pledge the revenues accruing to the said city 
for the re-payment of the said sura or sums so borrowed 
with the interest upon the same. 
Money how ex- Sec. 63. The Said common council shall in all improve- 
pended. meiits strictly local in their character, such as improving 

streets, making drains and sewers, expend annually in 
each ward such proportion of the public monies as shall 
correspond with the amount of the assessed value of the 
property in each ward, as exhibittjd by the last assessment 
roll. 
Power of may- Sec. 64. The mayor of the said city for the time being, 
or to adminis- shall have power to administer any oath required to be la- 
ter oath. Yien by any person under this act. 

Resignations. Sec. 65. Any person vv^ho shall hereafter be elected to 

the office of mayor or alderman in said city, may tender 

his resignation of such office to thc common council of said 

city. 

Power of coun- Sec. 66. The common council of the said city, shall dc- 

cii. termine the rules of its ov/n proceedings, and bethe judge 

of the elections and qualilications of its ov/n members, and 

have power to compel the attendance of absent members. 

To levy tfix. Sec. 67. The sai i common council are hereby author- 



CHICAGO. 75 

ised to levy an annual tax upon the owner of every dog 
kept or owned in said city by such person, not exceeding 
five dollars for every dog so owned or kept by such person. 

Sec. 68. That the mayoi of the said city of Chicago, juvisdictlon of 
shall have the same jurisdiction within the limits of the mayoi •& fees. 
said city, and shall be entitled to the same fees and emolu- 
ments which are given by the laws of this vState to the 
justices of the peace, upon his conforming to the require- 
ments, restrictions and directions of the laws of this state 
regulating the offi.ce of justice of the peace. 

Sec. 69. That there shall be established in said city of Miuiicipai 
Chicago, a municipal court which shall have jurisdiction ^°"'^^'- 
concurrant with the circuit courts of this State in all mat- Established ju- 
ters civil or criminal, arising within the limits of said city,"®^"^*'°"* 
and in all cases where either plaintiff and defendant or de> 
fendants, shall reside at the time of commencing suit, with- 
in said city, which court shall be held within the limits of 
said city in a building provided by the corporation. 

Sec. 70. Said courts shall be held by one judge, who Jnfige how ap- 
shall be appointed by joint ballot of both branches of the P°'"""^- 
general assembly and commissioned by the governor, and 'Tei'ii of sei- 
shall hold his office during good behaviour, and shall ^"^®" 
during his continuance in office, reside within the limits of 
said city, and shall receive a salary of one thousand dol-'^'*^'y- 
lars annually, payable quarter yearly by the common 
council of said city, which salary shall not be diminished 
but may be increased by said common council^ Provided, aZ- Proviso, 
roays, Thnt the said judge may and shall be removed from 
office for the same causes and in the same manner that the 
constitution of this State provides for the removal of other 
judges. 

Sec. 71. That the docket fees now authorised and re- Fees of clerks. 
quired by law to be paid to the clerk of the circuit court, 
shall be paid in all suits arising in the said municipal court 
to the clerk thereof, and shall by him be paid to the city 
treasurer, out of which fees together with the other re- 
venues of said city the salary of the judge and the other 
expenses of said court shall be paid. 

Sec. 73. That the grand and petit jurors of said muni- Grand &, Petit 
cipal court shall be selected from the qualified inhabitants Juries. 
of said city by the common council thereof in the same 
manner as other jurors are selected by the county com- 
missioners courts of this State, which jurors shall possess 
the same qualifications and shall be liable to the same 
punishments and penalties, and have the benefits of the 
same excuses and exemptions as are imposed upon and al- 
lowed by the laws of this State to other jurors, and they 
shall take the same oaths, possess the same powers and be 
governed in all their proceedings as is prescribed in the 
case of other jurors by the laws of this State. 



76 CHICAGO. 

Plow summon-' Sec. 73. That the said jurors shall be summoned bj the 
^'^- high constable -of said town, in the same manner as other 

jurors arc summoned by the sheriffs of this State, and the 
said jurors shall be impannalied by the ofhcers of the said 
municipal court, in the same manner as jurors of circuit 
courts; and the judge of said municipal court shall have 
all the powers concerning jurors that are given by the 
laws of this State to judges of the circuit courts. 
Compensation. Sec. 74. The jurors of said municipal court shall re- 
ceive, out of the city treasury, ihc same compensation for 
their services as is allowed to jurors of the circuit courts, 
to be paid upon the certificate of the clerk of said munici- 
pal court, which certificate said treasurer shall file as his 
voucher. 

Sec. 75. The judge of said municipal court shall hold 
Terms of court. ^^^ tei'ms of said court in each year, for the transaction of 
civil and crim.inal business, and shall continue each term 
until the business before it shall be disposed of. The 
said terms shall respectively commence on the first Monday 
of January, March, I^Iay, July, September and November, 
Provided^ always, That the common council of said city 
shall have power to increase the number of the terms of 
said court or to alter the same by giving four weeks no- 
tice thereof, in the corporation newspaper. 
Clerk howap- ^J^c. 76. The clcrk of said court shall be appointed by 
pohned. the Judge thereof, and shall be qualified and shall enter 

into bonds as Clerks of the circuit court are now required 
to do, and shall receive the same emoluments as are allow- 
ed to the clerks of the circuit courts for similar services, 
which fees shall be collected in the same manner. 

Sec. 77. There shall be chosen by the qualified electors 
of said city, at the same time and in the same manner as 
is provided in this act, for the election of mayor, one high 
High constable constable, whosc term of service shall be for one year, and 
until his successor shall be chosen and qualified, who shall 
have and exercise all the powers and functions as an offi- 
cer of said municipal court within the limits of said city, 
as sheriffs are allowed to exercise within the limits of their 
respective counties, and shall be entitled to the same fees 
for his services. 
Muricipai ^^^* ^^* ^^id municipal court shall be a court of record 

comtto be a and have a seal to be furnished by the common council, 
court of record, the proccss of said court shall be tested by the Judge, and 
isiucd in the same manner as in the circuit courts, and shall 
be directed to the high constable of said city, to be exe- 
cuted within the limits of the same, but where the defen- 
dant or defendants or either of them may reside without the 
limits of said cit ', and in Cook county, the process shall 



Bond 
Fees. 



CHICAGO. 77 

be directed to the sherifT of said county, who shall execute 
the same and make return thereof to the clerk of said 
court. 

Sec. 79. The said high constable shall before he enters Constable to 
upon the duties of his office, execute a bond with sufficient give bond, 
sureties payable to the city of Chicago, to be approved by 
the common council in the penal sum of ten thousand dol- 
lars, conditioned as the sherifts bonds in this State are re- 
quired by law to be conditioned and may be prosecuted in 
the same manner in behalf of any person aggrieved, and 
the said hio;h constable shall be required to take the same „ , . 

1 ,11 -ir r ji • £71; , • 1 , , 1 r To take o:ith. 

oath as the sherius oi this otate are required to take as tar 
as is consistant with the provisions of this act, before he 
enters upon the duties of his office, and the said high con- jyj^jy appoint 
stable shall have power to appoint from among the city deputy. 
constables, one or more deputies v.'ho shall be qualified in 
the same manner, shall have the same powers under the 
said high constable, so Air as is consistant with the provis- 
ions of this act, as deputy sheriffs have under the high 
sheriffs. 

Sec 80. All judgments rendered in said municipal court judgments in 
shall have the same lien on real and personal estate, and said court, 
shall be enforced and collected in the same manner as judg- 
ments rendered in the circuit courts of this State, and all 
appeals from any judgment rendered by the mayor of said 
city, or any justice of the peace within the limits of said 
city, shall be taken to the next circuit or municipal court, 
whose term shall first happen. 

Sec. 81. The said common council shall have power fanff fees. 
from time to time to establish, alter, and regulate a tariff 
of fees to be allowed to the party or parties prosecuting 
or defending any suit or action in the said municipal court, 
to be taxed against the party failing in said suit, and to be 
recovered and collected in the same manner as fees are 
recovered and collected in the circuit courts of this State. 

Sec. 82. All rules and proceedings of the said munici- j^^j^j^^ 
pal court, not herein otherwise provided for, shall conform 
as near as may be to the rules and proceedings of the cir- 
cuit courts of this State, and appeals from the municipal court 
to the Supreme Court, shall be taken and conducted in the 
same manner as is provided by the laws of this State, for 
the taking of appeals or writs of errors from the circuit 
court. 

Of Common and other schools. 

Sec. 1. [83.] That the common council of the city of Chi- To be commis- 
cago shall, by virtue of their offices, be commissioners of sionersof com- 
common schools in and for the said city, and shall have and """^ schools, 
possess all the rights, powers and authority necessary for 
the proper management of said schools. 



78 CHICAGO. 

May divi(?e Sec. 2. [84.] The Said common council shall have power 

d*^j.-"^° school lay off and divide the said city into school districts, and 
from time to time alter the same and create new ones as 
circumstances may require. 
May appoint Sec. 3. [85.] The Common council shall annually appoint a 
Inspectors of number of inspectors of common schools in said city, not 
^^ °°^ exceeding twelve, and not less than five; and in case of a 

vacancy in the office, the common council shall, from time 
to time appoint others, which inspectors, or some of them, 
shall visit all tlie public schools in said city at least once 
uty t eieo ^ month, enquire into the progress of the scholars and the 
government of the schools, examine all persons offering 
themselves as candidates for teachers, and when found 
well qualified, give them certificates thereof gratuitously, 
and remove them for any good cause ; and it shall be the 
duty of the said inspectors to report to the common coun- 
cil, from time to time, any suggestions and improvements 
that they may deem necessary or proper for the prosperity 
of said schools. 
Trustees to be Sec. 3. [86.J That the legal voters in each school district 
elected & duty, gijg^lj annually elect three persons to be trustees of com- 
mon schools therein, whose duty it shall be to employ qual- 
ified and suitable teachers, to pay the wages of such teach- 
ers when qualified, out of the moneys which shall come in- 
to their hands from the commissioner of school lands, so 
far as such moneys shall be sufficient for that purpose, and 
to collect the residue of such wages from all persons liable 
therefor. They sliall call special meetings of the inhabitants 
of the district liable to pay taxes whenever they shall deem 
it necessary and proper, shall give notice of the time and 
place for special district meetings at least five days before 
said meeting shall be held, by leaving a written or printed 
notice thereof, at the place of abode of each of said in- 
habitants, make out a tax list of every district tax which 
the inhabitants of said district may, by a vote of a majority 
present, direct at any meeting called as aforesaid for that 
purpose, which list shall contain the names of ail the tax- 
able inhabitants residing in the district at the time of ma- 
king out the list, and the amount of tax payable by each in- 
habitant, set opposite to his name, which tax may be levied 
upon the real or personal estate of said inhabitants; they 
shall annex to such tax list, a warrant directed to one of the 
city constables residing inthe ward in which said district 
may bo, for the collection of the sums in said list mention- 
ed, and said constable shall receive five cents on each dol- 
lar thereof, for his fees. The said trustees shall have pow- 
er to purchase or lease a site for the district school house, 
as designated by a meeting of the district, and to build, 
hire or purchase, keep in repair and furnish said school 



CHICAGO. 79 

house with necessary fuel and appendages, out of the funds 
collected and paid to them for such purposes. 

Sec. 5. [87.] The trustees of each district shall at the end To make re 
of every quarter make report to the school inspectors in ^'"*' 
writing, setting forth the number of schools within the dis- 
trict, the time that each has been taught during the previ- 
ous quarter, and by whom, the number of scholars at each 
school, and the time of their attendance during the quarter, 
to be ascertained from an exact list or roll of the scholars' 
names to be kept by the teacher for that purpose, which 
list shall be sworn to or affirmed by said teacher. 

Sec. 6. [88.1 That it shall be the duty of the commission. ^ . . „„ 

er of school lands ni Cook county to make semi-annually to of school lands 
the common council of said city a full and correct report, to make report. 
in such manner as they shall direct, of the state of the 
school fund arising from the sale or lease of school 
lands in township thirty-nine north, range fourteen east, in 
Cook county, with the interest accruing thereon. 

Sec. 7. [89.] The school inspectors shall, quarterly, ap- g(,j,(jo]^,oney 
portion said school moneys among the several districts in how apportion- 
said citj'^accordingto the number of scholars in each school ^'^• 
therein betweentheagesof five and twenty-one, and also ac- 
cording to the time that each scholar has actually atten- 
ded such school during the previous quartet, to be ascer- 
tained by the reports of said trustees and teachers. 

Sec. 8. [90.] Whenever the said apportionment shall Duty of inspee- 
have been made, the school inspectors shall make out, a tots, 
schedule thereof, setting forth the amount due to each 
district, the person or persons entitled to receive the 
same, and shall deliver the said schedule together 
with the report of the trustees and the lists or rolls of 
the teachers to the common council, and thereupon the 
said common council shall issue a warrant directed to the 
commissioner of school lands, to pay over such part of the 
interest of the school moneys of caid township as shall be 
therein expressed. Provided that nothing herein contained 
shall authorise the expenditure of the principal of any part 
of the said school fund. 

Sec. 9. [91.] The freeholders and inhabitants of any 
school district in the said city, by a vote of two thirds of the hjfh schooL 
persons present and entitled to vote, at a meeting of such 
district, convened afternotice of the object of such meeting 
shall have been published for one week in the corporation 
newspaper of the said city, and after said notice shallhave 
been served on every such freeholder or inhabitant, by 
reading the same to him, or in case of his absence by leav- 
ing the same at his place of residence, at least five days 
previous to such meeting, determine either separately or 
in conjunction with any other school district or districts 



80 



CHICAGO. 



in the said city, to have a high school created for such dis- 
trict or districts, or shall so agree to unite for that purpose, 
and may vote a sum not exceeding five thousand dollars, 
to be raised for erecting a building for such high school. 
And on evidence of such vote, and of such notice having 
been published and served as above provided, being pre- 
sented to the common council, they may in their discretion 
authorize the erecting of a high school in such district, or 
may authorize the several districts so agreeing, to be erect- 
ed into one district, which shall thereafter form one school 
district, and nil the property right and interest, of the 
several! districts so united, shall belong to, and be vested in 
the trustees of said united districts, and the trustees there- 
of shall have all the powers of trustees of school districts, 
shall be elected in the same manner, and shall be subject 
to all the duties and obligations of trustees of common 
school districts. 
No. of pupils Sec. 10. [9'2.] The common council shall annually pub- 
to be published, jjg]^ Q.-,j;}-.Q second Tucsday of February, in the corporation 
newspaper of the city, the numbcrofpupils instructed there- 
in the year preceding, the several branches of education pur- 
sued by them, and the receipts and expenditures of each 
school, specifying the sources of such receipts, and the ob- 
Acts repealed, ject of such expenditures. That the act entitled an act to 
incorporate the inhabitants of such towns as may wish to 
become incorporated approved on the r2th day of Februa- 
ry 1831, and so much of an act entitled an act for the in- 
corporation of fire companies, approved the l2th day of 
February 1835, ond so much of an act entitled an act to 
change the corporate powers of the town of Chicago, and 
so much of an act entitled an act to amend an act entitled 
an act to change the corporate powers of the town of 
Chicago, approved January loth 1836, and all other acts 
and parts of acts as are inconsistent with, and repugnant 
to the provisions of this act, in so far as relates to the said 
city of Chicago, be and the same arc hereby repealed. 
Approved March 4, 1837. 



In force Febru- 
aiy 10, 1837. 

Inhabitants 
may use a lot 
of canal 
land for a '^Liij 
al ground. 



AN ACT gianling alotof land to the town of Chicago for the burial of 
the dead. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly^ That the inhabitants 
olthe town of Chicago under the direction of the presi- 
dent and trustees of said town, are hereby authorised and 



CHICAGO, si 

permitted to use a lot of canal land situated near the said 
town for a burial ground, being the east half of the south 
east quarter of section number thirty -three, in township 
number forty, range fourteen east of the third principal mor- 
edian: Provided the president and trustees of said town will Pioviso. 
by an order to be entered upon the records of their procee- 
dings, engage and agree to pay to the State of Illinois what- 
ever sum the said land may be valued at by the agents of 
the State, whenever the State shall authorise a sale of the 
canal lands in the vicinity of the town of Chicago: the 
said land to be valued at the same price of other canal 
lands of a like quality and situation and without regard to 
the use to which it is applied. 

Sec. 2. When the land described in the foregoing sec- Title to be 
tion shall be paid for as therein provided, the title to the 'Jem liytni!- 
same shall be vested in the president and trustees of tees. 
the town of Chicago and their successors for ever; but 
the said trustees shall not thereby acquire the right to sell, 
dispose of or lease the said land or any part thereof, but 
the same shall forever remain for a public burying ground Toiemain a 
and shall never be used for any other purpose: ProzJirferf p"biic burying 
that the trustees may lay off a part thereof for the burial S''°""' ' 
of the citizens of Chicago, and a part from the burial of 
strangers and transient persons, and make such other sub- 
division thereof as may be deemed necessary to the pub- 
lic convenience. 

Approved 10th Feb., 1837. 



AN ACT supplemental to an act to incorporate the city of Chicago . j^^ fovce March 

4th, 1837 . 
Sec. 1. Be it enacted hy the people of the State of Illinois^ 
represented in the General Assembly^ That so much of the said Act repealed. 
[act] as permits the licensing of billiard tables in the said 
city be repealed, that all persons residing in the said coun- 
ty of Cook, may at their option have recourse to the mu- 
nicipal court of said city, and the said municipal court shall Persons may- 
have concurrf^nt iurisdiction with the circuit court in all ''^\'' recourse 

.•J . . - , , , „to tlie miinici- 

matters arismg within said county, that only so much oi pal courts. 
an act entitled an act to incorporate the inhabitants of 
such towns as may wish to be incorporated, approved on 
the l2th day of February 183l, shall be repealed as is in- 
consistent with the provisions of the act incorporating the 
said city of Chicago, and only in so far as the same relates 
to the said city of Chicago. 
Approved 4th March, 1837. 

L 



89 



COUNTIES. 



An election to 
be held for or 
against the 
county . 



In force March AN ACT for the formation of Michigan county. 

2,1837. 

Boundaries of ^^c. 1. Be it enacted by the People of the State of Illinois^ 
Michigan eoun represented in the Geiieral Assembly That all that tract of 
ty- country 1/ing within the following boundaries to wit: 

Commencing on the line of Kane county, at the northwest 
corner of the county of Will, and running cast on said 
line between Cook and Will, to the range line between ten 
and eleven east of the third principal meridian, thence 
south one township, thence east one township, thence 
north on the line between eleven and twelve north to the 
line between the counties of McHcnry and Cook, thence 
west to Kane county, and thence to the place of begin- 
ning, shall constitute a new county to be called Michigan, 
Provided hozveve}^, That an election shall be held by the 
qualified voters of Cook county, in the several justices 
precincts thereof, on the first Monday of August next, at 
which election a poll shall be opened for and against the 
formation of said county of Michigan, which election shall 
be conducted and returns thereof made in the manner pre- 
scribed by law for the elections of Sheriffs, and if there 
shall be a majority of the votes given in favor of the for- 
mation of said new county, then the said county shall be 
considered as established, but if a majority shall be given 
against such new county, then this act shall be null and 
void, and said county shall not be formed. 

Sec. 2. If said county of Michigan, shall be formed as 
ancTwheredec- aforesaid, thcii an election shall be held at the house of 
tion for county John Stephens on the third Monday of August next, by 
officers are held ^l^g qualified voters of Said county, for one Sheriff, three 
county commissioners, one recorder, one county surveyor, 
one coroner, and one probate justice of the peace; who, 
when commissioned and qualified, shall hold their offices un- 
til the next general election for said offices respcccively. — 
Said election shall be conducted and returns thereof made 
to the clerk of the county commissioners court of Cook 
county according to law in other cases, and said clerk 
shall give certificates of election; and when said county 
commississioncrs shall be elected and qualified, the said 
Judges of elec- county of Michigan shall be considered as duly organized, 
tion appointed. Hiram Fovvler, 11. K. Potter, and J. H. Giddings, are here- 
by appointed Judges of said election. 

Sec. 3. Said county of Michigan shall be attached to 
the seventh Judicial circuit, and the judge of said circuit 
shall have power to fix the terms of the circuit courts 
therein, tvv^o terms whereof shall be held in said county 
annually. 

Sec. 4. For the purpose of locating the permanent seat 
to locate coun- of justice of Said county of Michigan, Seth Reed of Kane 

ty seat. 



If formed when 



To be attached 
to the seventh 
circuit, 
courts to be 
held. 

Commissioners 



COUNTIES. 83 

county, William Smith of Will county, and Horatio G. 
Loomis of Cook county, are hereby appointed commission- 
ers who, or a majority of them being first duly sworn be- To take an 
fore some justice of the peace, shfill meet at the house of °^*'^' 
John Stephens on the first Monday in September next, or When and 

... 1- 1 ,1 c, Till 1 1 where to meet 

Within thirty days thereaitcr, and shall proceed to locate 
the seat of justice of said count}', at the most eligible and Their dutiei. 
convenient point, Provided^ That if the same can be loca- 
ted with as- much advantage on public land not claimed, 
then it shall be the duty of said commissioners so to lo* 
cate the same. But if not, then they shall obtain for the 
county, of the claimant, a quantity of land not less than 
twenty acres, or three thousand dollars, upon which land 
and contiguous land, the said county seat shall be located. 

Sec. 5. The commissioners appointed to locate said Commissioneri 
county seat, shall each be paid out of the Treasury of said compensation, 
county of Michigan, the sum of three dollars per day, for 
each day by them necessaril}' occupied in the performance 
fif that duty. 

Approved March 2, 1837. 



AN ACT to establish ths eeiinty of Liviugjton. In foi-ce 27tti 

F«b. 1837. 
Sec 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That all that tract of 
country lying within the following boundaries, to v/it: Be- ??"."''^"®* °^ 

X.«i vin'^stou CO* 

ginning at the north west corner of township numbered " 
thirty, north of range numbered three east of the third 
principal meridian, thence east on the line between town- 
ships numbered thirty and thirty-one north, to the range 
line between ranges No. eight and nine east, thence south 
between said last mentioned ranges to the south east cor- 
ners of section No. thirteen, of township numbered twen- 
ty-five north, of range numbered eight east, thence west 
through the middle of said last mentioned township to the 
range line between ranges five and six east, thence north 
between said last mentioned ranges to the township line 
between townships numbered twenty-six and twenty-sev- 
en north, thence west between said last mentioned town- 
ships to the range line between ranges numbered two and 
three cast, and thence north between said last mentioned 
ranges to the place of beginning, shall constitute a new 
county to be denominated the county of Livingston. 

Sec 2. That for the purpose of fixing the permanent 



seat. 

To take an 

oath. 



C4 COUNTIES. 

Commissioners Seat of justicc of Said countj, the following persons are 
to fix county appointed commissioners, viz: James A. Piatt, of Macon 
county, William B. Peck, of Will county and Thompson 
S. Flint of Tazewell county, v/ho, or a majority of them, 
being duly sworn before some justice of the peace of this 
State, faithfully to take into consideration the conven- 
ience of the people, the situation of the settlements with 
When and an eye to the future population and the eligibility of the 
where to meet, place, shall meet at the house of Andrew McMillen in said 
county, on the first Monday in June next, or some con- 
venient day thereafter, and j>roceed to examine and deter- 
mine upon a place for the permanent seat of justice of 
said county, and designate the same, Provided^ That the 
Their duties in *^o^^"^y Seat shall be located upon lands belonging to the 
locating. United States if a site for such county seat on such lands 

can be found equally eligible, or upon lands claimed by 
citizens of said county, the claim to which shall be volun- 
tarily relinquished; but if such location shall be made up- 
on lands claimed by any individual who is in possession of 
the same, and who shall not so relinquish, or upon lands to 
which there is a right of pre-emption, said claimant or pro- 
prietor upon whose claim or right of preemption the said 
seat of justice may be located, shall make a deed to any 
number of acres of said tract not less than twenty to the 
said county; to be laid off in a square form, or not more 
than twice as long as it shall be wide, and to be designated 
by the commissioners appointed as aforesaid, and on which 
the public buildings shall be erected, or in lieu thereof 
such claimant, owner or owners of such pre-emption right 
shall donate to the said county at least three thousand dol- 
lars, to be paid within one year after the location of said 
county seat, to be applied to the erection of public build- 
ings; and the proceeds of such quarter section, if the 
county seat shall be located upon government lands, or the 
proceeds of such twenty acres of land, if it be located upon 
the claim or pre-emption right of an individual or individ- 
uals, or the said three thousand dollars in case such claim- 
ant or pre-emption right owner or owners shall elect to 
pay that sum in lieu of the said twenty acres, shall be ap- 
propriated to the erection of a court house and other pub- 
lic buildings. 
When and Sec. 3. An election shall be held at the house of An- 

where election drew McMiUcn, ou the second Monday of May next, for 

is to be held for i •/t j i 

county officers '^^^ sheriil, one coroner, one recorder, one county survey- 
or and three county commissioners, who shall hold their 
offices until the next succeeding general election, and until 
their successors are qualified; which said election shall be 
conducted in all respects agreeable to the provisions of the 
law regulating elections, Provided, That the qualified vo- 



COUNTIES. 85 

ters present may elect fi'om amongst their own number 
three qualified voters to act as judges of election, who 
shall appoint two qualified voters to act as clerks. 

Sec. 4. It shall be the duty of the clerk of the circuit cjg^.5.,(^uty^ 
court of said county, and if there be none acting, then the 
iudge of probate to give at least twenty days notice pre- 
vious to said election, and the returns of the election shall 
be made to the clerk or judge of probate, as the case may 
be, who gave the notice aforesaid, and by him in the pres- 
ence of one or more justice of the peace, shall be opened 
and examined; and they jointly shall give to the persons 
elected commissioners, certificates of their election, and 
shall transmit abstracts of the election for the county offi- 
cers to the secretary of State, as is now required by law. 

Sec. 5. Said county shall be attached to, and iorm a ^h^ii foim a 
part of the first judicial circuit, and until public buildings ^^^^i^'j^j^,?./' 
shall be erected, the circuit and county commissioners cuit. 
courts shall be held at the house of Andrew McMillen's, 

n ■ 1 1 7 rr.1 I • • r • J vVhere coiuts 

Frovided, nozvevc)-, 1 hat the county commissioners ot said ^i-e to be held, 
county, shall within one year, or as soon as practicable af- 
ter the location of the seat of justice as aforesaid, erect 
suitable buildings for the holding of said courts. t f • t 

Sec 6. The said county shall continue to form parts of o/'La^'saik &. 
La Salle and McLean counties, until it shall be organised McLean coun 
according to this act, and shall continue to be attached to ''|;^ "Pj'^^^'^ 
gaid counties in all general elections until otherwise provi- ^^^"'~ 
ded bylaw. 

Sec. 7. After the election of county officers as herein County com- 
provided, the persons elected county commissioners, are m's^i"i'eis e- 

f 1 1-1 1 • • , .1 r ni ^ II iU lected to ad- 

hereby authorised to administer oaths oi oilice to all other mi„istei- oaths 
county officers; and the said county commissioners shall of office. 
Tvithin ten days after their election, meet together as a Their duties . 
court, appoint a clerk and lay off their county into justices 
districts, and order elections to be held for justices of the 
peace and constables, at a time to be fixed by them, and 
justices of the peace and constables elected under this act, 
shall hold their offices until others are elected and qualifi.- 
ed under the law regulating elections of justices of the 
peace and constables. The clerk of the county commis- cierks duties, 
sioners court shall deliver to each person elected justice of 
the peace and constable, a certificate of such election. 

Sec. 8. The commissioners herein appointed to locate Commissioners 
the county seat, shall be allowed three dollars per day each '^°'"P^"^^ '°"" 
for each and every day by them necessarily employed in 
making said location, to be paid out of the tieasury of the 
said county. 

Approved 27th February, 1837. 



86 COUNTIES. 



In force 1st -^^ ACT for the formation of the county of Coffee. 

March, 1837. 

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

represented in the General Assembly^ That all that tract 

Boundary defi- of Country Ijing within the following boundaries to wit: 

"ed. beginning on the north boundary line of Peoria county 

at the south cast corner of township twelve north, range 

seven cast, of the fourth principal meridian, running 

thence west with the line dividing townships eleven and 

twelve north, to the range line between four and five east, 

thence north along said line dividing ranges four and five 

east to the line dividing townships fourteen and fifteen 

north, thence east with the said line to the line dividing 

ranges seven and eight east, thence south with said line 

to the place of beginning shall constitute a new county, to 

Name. ^6 Called the county of Coffee. 

Com'rs appoiu- Sec. 2. That Benjamin Blitchell of Tazcvrell county, 
ted to locate Samucl Hackleton of Fulton county and Richard N.Cullom 
seat ot justice, of Tazewell county, be and are hereby appointed commis- 
sioners to locate the seat of justice for said county; said 
commissioners or a majority of them shall meet at the 
When and house ol Elijah Bf cClanahan's senior, on the first Monday 
where to meet j^ May next, or as soon thereafter as may be, and after be- 
ing duly qualified before some justice of the peace faithful 
Duties. ly to perform the duties required of them by this act, shall 

proceed to locate and establish the permanent seat of jus- 
tice of said county, having due regard to the geographical 
situation, the settlenients and the convenience of the present 
and future population of said county. If said county seat 
Located onpri- shall be located on private property the ow^ners of the same 
vate lands to shall douaie- md convey not less than forty, nor more than 
the county' ° ^"^^ hundred and sixty acres of land to the county commis- 
sioners of such county for the use and benefit of such coun- 
Pubiic build- ty on which the public buildings shall be erected, and if 
ings to be erec- On congrcss land the said commissioner shall secure the ti- 
ted thertfoa. ^]g ^^ ^\^q same, for the use and benefit of said county, and 
the public buildings shall be erected thereon, and when the 
w^be'thr'jrer-'^ county Seat shall "be so located, it shall be and remain the 
maneiuseatof permanent seat of justice for said county, and if said coun- 
justice. ty seat shall be located on land not heretofore laid out in 

tocated on ^ town, the name of said seat of justice thus located shall 

land not laid be Riplcy. 

outinatovvn; Sec. 3, That the citizens of said county hereby crea- 
Ripiey!^ ^ l-^*^' ^^^ ^^'^ hh^W be entitled in all respects to the same 
Citizens privii- I'ig^ts and privileges as are allowed in general to the citi- 
eges. zens of other counties of this State, and until public build- 

Untii public ings shall be erected for that purpose the courts shall be 
erectecUvhere heldat the house of Elijah McClanahan's senior,or at any 



COUNTIES. 87 

place whicii may ue designated by the county conmais- courts to be 

*. "^ ° held, 

sioners. 

Sec. 4. That the qualified voters of said county shall when and hew 
meet at the several places of holdidg elections on the first county oincera 
Monday in June next, and proceed to the election of coun- ^'^^ eit^cted. 
ty officers; and returns of said elections sliall be made by Returns of eiec- 
the judges and clerks of said elections to the justices; said tionshowmade 
justices shall meet at the house of Elijah McClanalian se- 
nior, within seven days after said election, and proceed to 
open said returns, and in all things perform the duties re* 
quired by law of the clerks of the county commissioners 
courts and justices of the peace in like cases; and said offi- 
cersthus elected, in accordance with the provisions of this ^^"^^j^"""^" 
act, shall hold their offices until the next general election, shall hold their 
and until their successors are elected and qualified. offices. 

Sec. 5. That after the election of the county officers 
as herein provided, the persons elected county conmiis- 
sioners are hereby authorised to administer individually How oaths of 
the oaths of office to each olher, and all otlier officers of °^'''.'',^^°^^f ^''- 

CI • 1 • • 1 11 • 1 • I ministered. 

said county, feaid commissioners shall, witnin ten days ^^^^^^^^ ^g^^,^.^ 
after their election, meet together as a court, appoint a to appoint a 




officers so elected shall hold their offices until otiicrs are ''-'•'""ai.iMsuces 
elected and qualified: Proi'Z'iecf however^ that nothing iJi p^ t. ns d 
this act shall be so construed as to repeal out of office any 
justice of the peace or constable that was elected to said 
office in either of the connties from which said new coun- 
ty was created, and now reside within the limits of said 
new county. 

Sec. 6. The county of Coifee, in all elections except for 'r° Reattached 
county officers, shall be attached to the county of Putnam, county, and 
and shall make her returns accordingly. Said county compos^es a part 
shall constitute a part of the sixth judicial circuit, and a "f^'^". ^^'iJ""^''" 
circuit court shall be held for said county twice a year, at ' ,^^ , ^ ' 
such times as may be fixed upon by the Judge of said cir- (-oun twice a 

Cuit. year, to be fix- 

Sec. 7. The commissioners appointed to locate the coun- f'' '^^ ^'^'^ 
ty seat, shall each receive the sum of three dollars per „ '^ 

J f. ., . , , 1-1 • ji (. ompensation 

day lor the time they are emiployed in locating the same tocom'rsfor 
to be paid out of the county treasury. locating county 

Sec 8. It shall be the duty of the clerk of the county ^^^^- 
commissioners court of Knox county to give notice by ,°' .°'^ 

/, . p . , ■' county to givG 

putting up written notices at some pubhc place m each of notice ofeiec- 
the electionprccincts for justices of the peace in the coun- tioa. 
ties of Knox and Henry, that an election will be held on 
the second Monday in April 1837, at, the usual places of 
holding elections in said precincts, for the said county of 



88 COUNTIES. 

Hovr election CoiTec, at which election the clerks thereof shall open two 
tecl'V""^"^" columns in their poll books, one for, and the other against 
the formation of said Coffae county, and take and record 
the vote of each qualified voter, for or against the forma- 
tion of said county: the said elections shall be conducted 
■r, , , , and returns thereof made in the same manner as is provi- 

Ketnrus to be » , . r ■ • /■ i 

made. dcd in ordinary cases oi elections tor justices oi the peace.; 

Sec. 9. Should a majority of the votes given at such 
A majority ill election be in favor of tiie county of Coffee, all the provis- 
fuiVfo'^c'e '" ^o'^^ ^^ ^'"^ ^^^ shall be and remain in full force and virtuej 
At^ainstthe but should a majority of the votes given be against said 
county, this act county, thcn and thereafter this act and all the provisions 
null and void, contained it shall be null and void. 

Approved, March 1st, 1837. 



In 'orce 1st -^^ ACT in relation to Champaign county, 

March, 1837. 

-Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly^ That when the county 
When county con^uiigsioners court of Champaign county shall receive 
receive money, the sum of four hundred dollars, from the commissioners 
of the Gallatin Saline, in accordance with the provisions 
of an act of the legislature in force January 31st 1 835, for 
changing an appropriation heretofore made to the county 
commissioners court of Vermilion county, to the county 
commissioners court of Champaign county, and for other 
purposes, that said county commissioners court of Cham- 
May apply it to paign county, be and they are hereby authorized to apply 
building a bridggj^j^ sum of four hundred dollars, to the building of a 
bridge across the salt fork of the Vermillion river where 
the state road from Danville via Urbanna to Bloomington, 
crosses the same at or near Strong's ferry, and for no other 
purpose. 
V, , . Sec. 2. So much of the act referred to in the first sec- 

I art ot an act , r. , i . • i • , i • <- i • i 

repealed. tiow OI this act, as comcs w^ithin the pcrview oi this actbe, 
and the same is hereby repealed. 
Approved March 1st, ISS?* 



COUNTIES. g 

AN ACT to arnend an act entitled "an act to create aud organise the coun- j f^.-pe 4th 
ties therein named, approved January 15th 1831." March 1837 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ Tiiat so much of the 
Tith section of the above recited act, as attaches town- 
ships 12 and 13 north, 5 cast, to the county of Henry, be, 
and the same is hereby repealed. 

Approved 4th March, 1837. 



AN ACT supplemental to an act to establish certain counties, approved Jan f„ /x,._. n/r,, v 

16,1836. 1st, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That tlie county of '"'^'^^^^"^7 ^°^'" 
McHenry shall include all that portion of Lake Michigan inckide 
which lies in the State of Illinois, and due east of said 
county as defined hy the act io which this is a supplement. 

Sec. 2. That Peter Cohen of Wid county, Mcritt L. ,^°Tr''T'r 

ri n ^ n/i T 1 TPt • 1 -B-. 1 n r^ tolocate £e:tt Of 

L-ovell oi McLean county, and Daniel Dunham oi Kane justice, 
county, are hereby appointed commissioners to locate the 
seat of justice of said county, who (or a majority/ of them) 
shall meet at the house of Hiram Kennicott in said county, 
on the first Monday of May next, or within thirty days Their duties, 
thereafter, and after being duly sworn before any justice 
of the peace of this state, faithfully to take into view the 
convenience of the people, the situation of settlements, 
with an eye to future population, and the eligibility 
of the place, shall proceed to locate the seat of jus- 
tice of said county, and shall make their report thereof to Shall make re- 
the county commissioners court, which report shall be i'°'"'- 
spread upon their records; and there shall be paid out of ^""^P^"^^''""* 
the county treasury of the said county to the said commis- 
sioners, the sum of two dollars each, for each day they shall 
be necessarily en<]:aged in going to and returning from, and 
in locating the said county seat. 

Sec. 3. That an election shall be held in the said coun- Election of of- 
ty, at the house of Hiram Kennicott, on the first day of ^'^*""*- 
June next, by the qualified voters, for three county com- 
missioners, one sheriff, one coroner, one recorder, and one 
county surveyor, for said county. A. S. Willis, Richard -^uf^gesof eiee. 
Steele and S. Brooks, are hereby appointed judges of said 
election, who shall appoint clerks, be qualified and con- 
duct the same according to lavv', as in other cases of ejec- 
tions. The said judges shall give certificates and make 
returns of sfiid election. 

M 



90 



COUNTIES. 



When county Sec. 4. As soon as the said county commissioners shall 
organized. b^ elected and qualified, the said county shall be deemed to 
be fully crganised. 

Approved 1st March, 1837. 



In force March 
2, 1837. 



Manner of. 

Commissioners 
appointed. 



Shall meet at. 



Proviso. 



AN ACT to organize Henry counly. 

Sec. 1 . Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That the county of 
Henry shall be organized in the following manner to wit: 
For the purpose of fixing the permanent seat of justice of 
said county, the following persons are appointed commis- 
sioners viz: Isaac Murphy of Warren county, Francis Vo- 
ris of Peoria county, and James Rawalt of Fulton county, 
who or a majority of whom, being duly sworn before some 
justice of the peace of this State, faithfully to take into 
view the convenience of the people, the situation of the 
settlement, with an eye to the future population and eli- 
gibility of the place, shall meet at the house of Doctor 
Thomas Baker in said county, on the third Monday of 
June next, or as soon thereafter as may be, and proceed to 
examine and determine on a place for the permanent seat 
of justice of said county, and designate the same. Provided, 
That the said county seat shall be located on lands belong- 
ing to the United States, if a site for said county seat on 
such lands can be found equally as eligible as by lands 
owned by individuals, but if the said location be made up- 
on lands owned by individuals, the owner or owners there- 
of shall make a deed in fee simple to at least twenty acres 
of said land to the said county, and the proceeds of such 
quarter section, if the said county seat shall be located on 
government lands or of the proceeds of such lands deeded 
as aforesaid, if it be located on the property of individ- 
ual or individuals, shall be appropriated to the erection of 
Must have a ^ guflicient court house and jail. 
^iTri! 1 ,-^„ Sec. 2. An election shall be held at thchouse of George 

Where election . i-inri -t 

shall be held. Brandenburg in said county, on the third Monday in June 
For sheriff and next, for ouc sheriff, one coroner, one recorder, one county 
other officers, guryeyor, and three county commissioners, who shall hold 
their ofiices until the next general election, and until their 
successors are qualified, which said election shall be con- 
ducted in all respects agreeably to the laws of election, 
Proviso. Provided, That the qualified voters present may elect from 

their own number, three qualified voters to act as judges 



If on govern- 
meat lands. 



CX)UNTIES. 91 

ef said election, who shall appoint two qualified voters to Voters may 
act as clerks. "^i^"^' J"^ses of. 

Sec. 3. Until the public buildings shall be erected for 
the purpose, the courts shall be held at the house of said 
George Brandenburg, or at such other place as the coun- 
ty commissioners may direct. 

Sec. 4. It shall be the duty of the clerk of the county 
commissioners court of Knox county, to give at least ten 
days notice of the first election of county officers in said Notice of eiec- 
Henry county, and shall cause the same to be posted up at ''O" i^°^^ made. 
three of the most public places in said county. 

Sec. 5. The commissioners appointed to locate said 
county seat, shall receive the sum of three dollars for each Compensation 
day by them necessarily spent in discharging the duties °^ commission- 
imposed on them by this act, to be allowed by the county ^^^' 
commissioners court of said county, and to be paid out of 
the county treasury. 

Sec 6. After the election of county ofticers as herein Persons elected 
provided, the persons elected county commissioners are ™^y admims- 
hereby authorized to administer the oaths of ofiice to each '^^ * 
other, and they are severally authorized to administer the 
oaths of ofiice to all the county officers, and said commis- 
sioners shal],within ten days after the election, meet togeth- 
er as a court, appoint a clerk, and lay off" their county in- Meeting of 
to justices districts, and order elections for justices of the court. 
peace and constables, at a time to be fixed by them, and^'^^!^^^7°^'" 
the persons so elected shall have and exercise the same 
jurisdiction, hold their respective offices by the same ten- 
ure, and be under the same regulations in all respects, as 
other justices of the peace and constables of this State. 

Appeoved 2d March, 1837. 



.^N ACT to define the western boundary line of Adams, Hancock, Warren Jn force March 
and Mercer counties. 3, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly, That all that district Boundary of 
of country included within the following boundary, shall ^^''"^^ <^°""'y- 
be attached to and compose a part of the county of Adams, 
to wit: commencing on the bank of the Mississippi river, 
where the township line between the townships three and 
four south touches the 'said river, thence due west to the 
middle of the main channel of said river, thence up said 
river in the middle of the main channel thereof, to a point 
due west of the place Vv'here the township line between 



92 C0UNTIE3. 

• townships two and three north touches the said Mississip- 
pi river, then east to the bank of said river, thence down 
said river following the meanderings of the same, to the 
place of beginning. 
Boundary of Sec. 2. Bc it further enacted, that all that tract of coun- 
Hancock coun- j-j.y ^yithin the follov/ing boundary to wit: commencing at 
'^' the point where the township line between townships two 

and three north touches the Mississippi river, thence due 
west to the main channel of said river, thence up the said 
river in the middle of the main channel thereof, to a place 
in the said river due west of where the township line be- 
tween townships seven and eight north touches the said 
river, thence east to the bank of said river, thence down 
said river following the meanderings thereof, to the place 
of beginning, shall constitute and forever remain a part of 
the county of Hancock. 
Boundary of Sec. 3. Be it further enacted, That all that tract of 
Warrencoiinty(.om^(;ry within the following boundary to wit: commen- 
cing at a point where the township line between the town- 
ships numbered seven and eight north touches the Missis- 
sippi river, thence due west to the middle of the main 
channel of said river, thence up the said river in the mid- 
dle of the main channel thereof, to a point due west of the 
place where the township line between townships twelve 
and thirteen north touches the said river, thence east to 
the bank of said river, thence down the said river, follow- 
ing the meanderings thereof, to the place of beginning, shall 
constitute and forever remain a part of the county of War- 
ren. 
Boundary of Sec. 4. Be it further enacted, That all that tract of 
Mercer county, country within the following boundary to wit: beginning 
at the place where the line between townships twelve and 
thirteen north touches the Mississippi river, thence due 
west to the middle of the main channel of said river, 
thence up said river in the middle of the main channel 
thereof, to a point due v>^est of the place where the line 
betv/een townships fifteen and sixteen north touches the 
Mississippi river, thence east to the bank of said river, 
thenccdown said river, follovv-ing the meanderings thereof, 
to the place of beginning, shall constitute and forever re- 
main a part of the county of Mercer. 
Appeovep, March Sd, 1837. 



COUNTIES. 93 

AN ACT concsniing Wayne county. . , p. 

Sec. 1. Be it enacted by the People of the. State of Illinois 
represented in the General Assembly^ That the first sec- 
tion of an act entitled "an act to amend an act appropria- 
ting a portion of the avails arising from the sale of the sa- 
line lands in Gallatin county to internal improvements," 
approved February 16th, 1831, approved February llth, 
1835 be, and the same is hereby repealed, and the sum of 
four hundred dollars appropriated by the act to which that ^^'^^'^P^^^^'^' 
act is an amendment, shall be expended as in said last 
mentioned act, provided, viz: two hundred dollars to build To build a 
abridge across Elm river, on the mail route from Fairfield ^"'^'s^" 
toMaysville; and the other two hundred dollars to repair 
the state road from Fairfield to Albion; any law to the con- Eepair state 
trary notwithstanding. i'^^'^- 

Approved March 12, 1837. 



AN ACT to create the county of Bureau. . , „„ , 

^ In force 28th 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That all that tract of 
country lying within the following boundaries, to wit: Be- Boundaries of 
ginning at the north east corner of Putnam county, run- the county. 
ning thence south on the east boundary line of said coun- 
ty to the centre of the main channel of the Illinois river, 
thence down the main channel of said river to the place 
where the line dividing townships fourteen and fifteen 
north intersects said river, thence west on said line to the 
west line of said county, 1 hence north on the western line 
of said county to the northern boundary thereof, and 
thence east with said county line to the place of be- 
ginning, shall be created into a new county, to be called 
the county of Bureau, Provided, however, That the legal 
voters of the old county of Putnam, including also, the 
voters of the contemplated county of Bureau shall be giv- Name. 
en for the creation of said county as hereinafter provi- ^"'•^'^''the 

■J i- county to be 

deu. given. 

'Sec. 2. That on the first Monday in April next there 
shall be an election held at the several precincts in the J;\^(j'i-i°"J°/^. 
present county of Putnam, and the polls shall be opened to gainst the co. 
receive votes for and against the creation of the afore- 
said county of Bureau. Said election shall be opened and Election how 
conducted in all respects in the same manner, and by the '^""^"'^"^^'^• 
same judges as other elections of this State are; and if ^ ^" '^''^' ^.'T"^ 
majority of the votes given shall be given in favor of the*^"'®®"^ ' *■ ' 



94 ' COUNTIES. 

formation of such new county, then the said county of Bu- 
reau shall be considered and taken as permanently and le- 
gally established with the aforesaid boundaries. 

Sec. 3. That William Stadden, Peter Butler and Ben-' 
Commissioners jamin Mitchell, are hereby appointed commissioners to lo- 
cate°county ^^^^ ^^^ ^^^t of Justice for said new county. Said corn- 
seat, missioners or a majority of them shall meet at the town of 
When & Princeton on the first ./1/onday of May next or as soon 
where to meet, thereafter as may be, and being first duly sworn before 
"^th^^^ ^^ some justice of the peace faithfully to take into considera- 
tion the convenience of the people, the situation of the 
settlements, with an eye to future population and eligi- 
bility of the place, shall proceed to locate the county seat 
of said county. If said commissioners shall select any 
If CO. seat is town already laid off they shall require the proprietors or 
located on Owners of said town to donate to said new county for the 
?"w'bedo°m-'P"^'P*-*^^ ^^ erecting public buildings, a quantity of lots of 
ted ^n average value with the remaining ones, which together 
„ . ^ shall amount to twenty acres of land, or shall donate and 

Oraneqmva- • • i- ,i r /i *u ^ i.i j j ii 

lentin money givc in lieu thcreoi not Icss than nve thousand dollars. — 

to be given. And, if said commissioners should locate said county seat 

Located on on land not having been laid out into town lots, they shall 

^^".'?-n"r«U^''^ secure the title to not less than twenty acres to and for the 

out in to^H -., ,, •', 11111 

lots; title to use ol said new county, and the court house shall be loca- 
te secured to ted on the same, 
the county. ^^^^ ^ rj,^^^ ^j^^ j^^^^j ^^^^^.^ ^^ ^^-^^ county shall meet 

Elections to be ^^ the several places of holding elections on the first Mon- 
heid— when & day in June next, and proceed to elect count}' officers and 
where. returns of said election shall be made by the Judges and 

^^^.F^ ^^'^ir clerks to the justices of the peace of said county; said jus- 
returns within tices shall meet at the town of Princeton, within seven days 
seven days. after said election, and proceed to open said returns, and in 
all things perform the duties required by law of the clerks 
of the county commmissioncrs courts, and justices of the 
peace in like cases. 

Sec. 5. That the county commissioners shall meet at the 

C om- town of Princeton within ten days after their election, and 

missioners, being first duly qualified shall proceed to appoint a clerk, 

when& where and lay oft' the county into justices districts, and order an 

Diu'e^'' election to be held for the purpose of electing additional 

justices of the peace and constables for said county, and 

All officers to all officers clcctcd agreeably to the provisions of this act 

be commission- g^all be Commissioned and qualified as required by law, 

edand q^aiih- ^jj ^^^^^^^^ ^l^^jj j^^jj t^^^ir oftices until the next general 

Term of office, election, and until their successors are elected and quali- 

Proviio. flgfj^ Provided, That nothing in this section shall be so 

construed as to repeal out of office any justice of the 

peace or constable elected for the county of Putnam, and 

living within the limits of said new county. 



COUNTIES. 95 

Sec. 6. The courts of said county shall be held at such Courts wh^re 
place as the county commissioners shall designate, until a 1^^^- .^^^^ ^ 
suitable preparation can be made at the county seat: said p^^^.j of the sixth 
county shall constitute a part of the sixth judicial circuit, judicial circuit. 
and the circuit court shall be held for said county twice a ^^" ^ ^" '^g*!^r^to 
year, at such time as may be fixed by the Judge of said bTfixed by the 

district. Judge. 

Sec. 7. The qualified voters of the county of Bureau, To vote except 
in all elections except county elections, shall vole with the 'i^ county eiec- 

. 1 • 1 1 1 1 •! 1 • tions, with the 

district to which they belong, until the next apportionment district to which 
and shall in all respects be entitled to the same privileges they belong. 
and rights as in general belong to the citizens of other Jj^j^^^^'^ses and 
counties in this State. 

Sec. 8. The commissioners to locate the county seat Compensation. 
shall be each paid the sum of three dollars per day, out of 
the county treasury of said county, for each day they may 
be employed in making said location. 

Approved February 28, 1837. 



AN ACT for the benefit of McLean county. In force 3d 

March, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly, That the clerk of the of^commis'ers 
county commissioners court of M'Lean be, and is hereby court of Mc- 
authorised to pay into the county treasury of said county, ^^^"^ '^°- 
the amount of taxes which may have been or shall be col- ' 
lected by him on lands within his county from resi- 
dents of said county, en the delinquent list returned to him 
by the auditor of public accounts, for the year 183G. 

Sec. 2. The said clerk shall on or before the first Further duty. 
Monday in April next, furnish the auditor of public ac- 
counts Avith a statement certified under his hand and seal 
of office, of the number of tracts within his county on 
said delinquent list, which are owned by residents of his 
county, and the auditor shall thereupon credit the said Auditor shall 
clerk on the books of his office, with the amount of*^^*^"*^^^ 
tax paid by said residents. 

Sec. 3. Should the said clerk before the passage of this 
act, have collected and paid into the state treasury any 

. • c -1 J. r • J /• j.\ Conditional du 

taxes accruing irom residents as aloresaid, for the year ^ ^f auditor. 
1836, it shall be the duty of the auditor of public ac- 
counts on receiving the statement from the clerk, as pro- 
vided in the foregoing section, to issue his warrant in fa- 
vor of said county treasurer of McLean county for the 
amount so paid into the State treasury. 



96 COUNTIES. 

Clerks fees how Sec. 4. The clerk's fees for collecting the aforesaid resi- 
paid. dent taxes shall be paid from the county treasury of Mc- 

Lean county. This act shall be in force from and after 
its passage. 

Approved 3d March, 1837. 



In force March "'^■^ ACT to create certain counties therein named. 

4th 1837. 

Sec. 1. Be ii enacted b}^ the people of the State of Jtlinois 
Boundaries of represented in the. General Assanhly, That all that tract 
county"^"" of country within the following boundaries, to wit: 
commencing on the northern boundary of the state where 
the section line between sections three and four, in town 
twenty-nine north, range hve east of the fourth principal 
meridian, strikes said line, thence east on the northern 
boundary of the State, to the range line between ranges 
nine and ten east, thence south on said range line to the 
northern boundary of Ogle county, thence west on the 
northern boundary of Ogle county to and passing the 
north west corner of the county to the line between sections 
thirty-three and thirty-four in township twenty-gix north, 
range five east, thence north to the place of beginning, 
shall form a county to be called Stephenson, as a tribute of 
respect to the late Col. Benjamin Stephenson. 
Boundaries of ^^c. 2. That the boundaries of Winnebago county 
Wamebago shall be as foUows, to wit: commencing on the state line 
county. jj|. ^j^g north east corner of the county of Stephenson, 

thence east on the state jinc to the section line between sec- 
tions five and six, in township forty six north, range three 
east of the third principal meridian, thence south on said 
section line to the south boundary of township forty-three 
north, range three east, thence west on said township line 
to the third prircipal meridian, thence north on said meri- 
dian to the south-east corner of township twenty-six north, 
range eleven east of fourth principal meridian, thence 
v/est on said line to the range line between ranges nine 
and ten east, thence north to the place of beginning. 
Boundaries of Sec. 3. And that all that tract of country beginning at 
Boone county. |.|^g j^Q,.^l^ g^^. corncr of township forty -six north, range 
four east, thence south with the line dividing ranee four 
and live east, to the south west corner of township forty 
three north, thence v/est on said line to the south east cor- 
ner of Winnebago county, thence north to the place of 
beginning on the north boundary of the state, shall form a 
county to be called Boone, in memory of Col. Daniel 



COUNTIES. 97 

Boone, the first settler of the State of Kentucky. 

Sec. 4. That all that tract of country beginning at Boundaries of 
the south east corner of township thirty-seven north, raHo-c DeKaib county, 
two east of the principal meridian, thence north to the 
north east corner of township forty-iwo north, range two, 
east of the third principal meridian, and thence along the 
northern boundary of township forty two in ranges three, 
four and live, east of the third principal meridian, thence 
south on the south east corner of township thirty seven 
north, range five east, thence west on said township line, 
to the place of beginning, shall form a county to be cal- 
led De Kalb. 

Sec. 5. The counties of Stephenson, Boone and De-How or''am=ed 
Kalb hereby created shall be organised in the following 
manner, to wit: for the purpose of fixing the permanent seat andseatof jus- 
of justice of Stephenson county, the following persons are '''^^^^^^'^''^'^^'^• 
appointed commissioners viz: Vance L. Davidson and Isaac 
Chambers of Jo Daviess county and Minor York of Ogle 
county, who or a majority of them, being duly sworn be- Commis'ners to 
fore some justice of the peace of this State faithfully to take take an oath. 
into view the convenience of the people, the situation of 
the settlements, with an eye to future population and elis;- ^'^''^'^ ^"'^ 

•1 i-i-j, c ,1 1 1 11 1 1 ' /- iiT.ii. -n^ whereto meet, 

iblility ot the place shall meet at the house of vVilham Ba- 
ker in said county, on the first Monday in ]May next, or as Seat of jHstice 
soon thereafter as may be, and proceed to examine and de- to be located on 
termine on a -place for the permanent seat of justice g°;"f|^ie^^''"'* '^ 
for said county, and designate the same: Provided, that 
said county seat shall be located on lands belonging to 
the United States, not occupied by the citizens of said 
county, if a site for said county seat on such lands can bo 
bound equally eligible, or upon lands claimed by citizens 
of said county; but if said location shall be made upon 
land claimed by any individual in said county, or any in- ^f °" P^^'^t^ 
dividual having pre-emption right or title to the same, the |fj|g^*° ''* °' 
claimant or proprietor upon whose lands, claim or pre-emp- 
tion right the said seat of justice may be located, shall 
make a deed in fee simple to any number of acres of said 
tract, not less than twenty to the said county; or in lieu 
thereof such claimant or owner or owners of such pre-emp- 
tion right shall donate to the said county at least three J?/men°yXe!i. 
thousand dollars to be applied to building county build- 
dings, within one year after the locating of said county scat, 
and the proceeds of such quarter section, if the county 
seat shall be located upon government lands as ^.foresaid, p^.^^^gg^^ ^^ 
or the proceeds of such twenty acres of land if it be located lands how di? 
on lands claimed or owned by an individual or individu- posed of. 
als; or thesaid three thousand dollars in case such claim- 
ant, or owner or owners shall elect to pay that sum 
in lieu of the said twenty acres, shall be appropria- 

N 



98 



COUNTIES. 



Commlssioi-eis ted to the erection of a sufficient court house and jail; and 
to dhect where ^^^-^^ public buildings are erected for the purposes, the 
bS'g erected" courts'shall be held at such place as the county eommis- 

sioners shall direct. 
Election, when Sec. 6. i^n election shall be held at the house of Wil- 
and where to Jiam Baker in Said county, on the first Monday of May 
be held. next, for one sheriff, one coroner, one recorder, one coun- 

ty surveyor, three county commissioners and one clerk of 
the county commissioners' court, who shall hold their offi- 
ces until the next succeeding general elections, and until 
Term of o^ce. ^j^^j^, ^^^^^g^^j.^ ^^,^ elected and qualified; which said elec- 
tion shall be conducted in all respects agreeably to the 
provisions of the law regulating elections: Provided that 
the qualified vorers present may elect from among their 
cSoT'eiec- own number three qualified voters to act as judges of said 
tion, how ap- election, who shall appoint two qualified voters to act as 
pointed. clerks. 

Commissioners ^^c. 7. For the purpose of fixing the permanent couiity 
toiocatecounty seat of Boone county, the following named persons are 
seat of Boone, hereby appointed commissioners, viz: John M. Wilson of 
Will county, James Day of La Salle county, and James H. 
Woodworth of Cook County, who or a majority of them 
being first dulv sworn before some justice of the peace of 
To take oath, ^^is State, as required in the fifth section of this act, shall 
When and mcct at the housc of Simon P. Doty, in said county, on 
where to meet, the fourth Monday in April next, or as soon thereafter as 
may be, and shall proceed as is required in the fifth section 
of this act, to locate the county seat of said Boone county. 
Sec. 8. For the purpose of fixing the permanent seat of 
Commissioners justice for the county of De Kalb, Benjamin Thruston of 
toiocatecounty La^ ga^]le county, James Walker of Cook county, and Ger- 
seatofDeKaib ^^^.^^g Kent of Winnebago county, are hereby appoint- 
To take oath, cd commissioners, who or a majority being first duly sworn 
before some justice of the peace of this State, as is required 
by the fifth section of this act, shall meet at the house of 
When and Frederick Love in said county, on the first Monday in June 
whereto meet. ^^^^^ ^j. ^g g^^j-^ thereafter as may be, and shall proceed in 
all respects as is required in the fifth section of this act, 
Provided^ That the qualified voters of Kane county shall 
meet at the usual places of holding elections in said coun- 
wimtyw votT ty, on the first Monday in May next, and vote for or against 
for or against the county of Dc Kalb, and if a majority of said voters shall 
the organizat'n. {^^ -^^ favor of making the said county, then the county of 
De Kalb shall be created, but if it shall appear that there 
is a majority against the division, then the said county shall 
remain as i' now is. 
Whenand Sfx'. 9. Thc county and circuit courts of said Boone and 

where comts pg Kalb counties, shall be held at such place as the coun- 
ty commissioners courts shall respectively appoint, until 



COUNTIES. 99 

the county buildings are erected, and the times of holding 
the circuit courts in the counties hereby created, shall be 
fixed by the circuit Judges in whose circuits the counties 
respectively are situated. 

Sec. 10. And elections shall be held in said Boone and When and how 
De Kalb counties, for county officers in the following man-*=°""'^y officers 
ner viz: In the county of Boone, at the house of Simon P. ^^'^ ^^"cted. 
Doty on the first Monday in May next, and in the county 
of De Kalb at the house of Frederick Love on the first Mon- 
day in July next, and shall be required and conducted in 
the same manner as is prescribed in the sixth section of ,„°ir^^^'^,''°"^ 

.,•.,, ^- !• 1 1 to be conducted 

this act, when, the same is applicable. 

Sec 1 1. It shall be the duty of the clerks of the county Duty of clerks. 
commissioners courts of the counties hereby organized, to 
give notice at least ten days previous to the elections to be 
held as is above provided in said counties, and in case there 
shall be no clerk in said counties, it shall be the duty of the 
clerk of the commissioners court of Winnebago county, 
to give notice of the elections to be held in the counties of 
Stephenson and Boone, and for the election to be held in 
the county of De Kalb notice shall be given in like man- 
ner, by the clerks of the commissionei's court of Kane 
county. 

Sec. 12. The citizens of the counties hereby created Cjitizens rights 
arc entitled in all respects to the same rights and privileges ' P^vieges. 
as are allowed in general to other counties in this State. 

Sec. 13. The counties of Stephenson and Boone shall The countiesof 
continue to form a part of the county of Jo Daviess, until Stephenson and 
organised, and when organised according to this act, shall Jached to Jo^'" 
continue attached to the county of Jo Daviess in all gen- Daviess. 
eral elections, until otherwise provided by law. The ^^ ^^^'t) ^o^e 
county of De Kalb^shall continue to form part of the coun-^aM^co ^andi 
ty of Kane, until it shall be organised, and shall vote with vote with La 
the county of La Salle in all general elections, until other- '"^^'^^ '" ^i' 
wise provided by law. . _ fionr^'^'" 

Sec 14. The commissioners appointed to locate said Compensation 
county seats, shall receive the sum of two dollars per day *° comm's'ers. 
for each day necessarily spent by them in discharging the 
duties imposed on them by this act, to be allowed by the 
county commissioners, and to be paid out of the county 
treasuries respectively. Duties of judg- 

Sec 15. The judges of elections shall deliver to each^'°^ ''^^'''°"- 
officer elected, a certificate of his election. The poll 
books shall be retained by them until the clerk of the 
county commissioners court shall be qualified, and then de- 
liver the said poll books to such clerk, who shall make and 
transmit to the Secretary of State an abstract of the votes 
given at such election, in the same time, manner, and form 
as is required of clerks of county commissioners courts in 
elections in other counties in this State. 



100 COUNTIES. 

Oaths adminis- Sec. ICu After the election of county officers as herein 
teied to county provided, the persons elected county commissioners, are 
officers. hereby authorised to administer the oaths of office to each 

other, and they are severally authorised to administer the 
„ , oaths of office to all other county officers. And said com- 

dutiesf '^""^ * miscioners shall within ten days after their election, meet 
together as a court, and lay off their county into justices 
districts, and order elections to be held for justices of the 
peace and constables at a time to be fixed by them; and 
justices of the peace and constables elected and qualified, 
Term of office, shall hold theii' offices until others are elected and qualified 
under the law providing for the election of Justice Peace. 
The clerks of the county commissioners courts shall deliv- 
Cierks duties, gp ^q each person elected justice of the peace and consta- 
ble, certificates of such elections; and each person elected 
justice of the peace is hereby authorised, upon executing 
bonds as required by law to enter upon the duties of his 
office, and to exercise and perform all the duties of justice 
of the peace as fully as though such person had received 
a commission from the governor. This act shall be ia 
force from and after its passage. 
Approved 4th March, 1837. 



In '"oice 4th ^-^ ACT for the benefit of Wayne county . 

March, 1837. 

Sec. 1. Be it enacted hy the people of the State of Illinois^ 

$1000 appro- represented in the General Assembli/, That the appropria- 

priation to tiou of One thousand dollars made to the county of Wayne, 

how^ioVe°ex- ^^^ ^^ ^^^ Vermilion Saline funds, approved the isth 

pended. January lS29, to be applied under the direction of the 

county commissioners court of said county, as follows viz: 

four hundred dollars towards building a bridge across the 

little Wabash river at Leech's mills, and improving the 

state road from Fairfield towards said mills. 

Roads &bndg- ^^c. 2. One hundred dollars towards improving the 

es. road, and building bridges between Fairfield and the 

Wayne county line, in the direction to Maysvillc. 
Bridge across Sec. 3. Three hundred dollars towards building a bridge 
'"""' '^""'' across the Skillet Fork at or near Maulding's mill. 

Sec. 4. And the balance of said appropriation to be 
expended under the direction of said court, towards build- 
ing bridges, and improving the roads in said county. 
Approved 4th March, l837. 



Skillet Fork. 



COUNTIES. 101 

AN ACT for the formation of the county of Cass. lu force March 

3, 18j7. 

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 centre of the main channel of the Illinois 
river, where a line running through the centre of town- 
ships seventeen north intersects the same, in range thir- 
teen west of the third principal meridian, thence east with 
said line to the east side of the county of Morgan, from 
thence north to the centre of the main channel of the 
Sangamon river, thence down said river to the centre of 
the main channel of the Illinois river, thence down said 
river to the place of beginning, shall constitute a new coun- New county. 
ty to be called the county of Cass. 

Sec. 2. The county aforesaid is created upon the follow- Conditions of. 
ing conditions, the people of the county of Morgan as the 
same is now organized, shall meet at the several places of 
holding elections for Representatives and Senators in said 
county, on the third Monday of April next, and proceed to 
vote in the same manner of voting for Representatives and Shall vote for 
Senators to the general assembly, whether said county 
shall be created or not. The judges of elections in said coun- 
ty shall give twenty days notice of the tmie and place of Notice of elec- 
holding said elections, by posting notices thereof at six 
public places in the county, and on said day shall open a poll 
book at each election precinct in which they shall rule Open books at 
two columns, in one of which they shall set down the each precinct, 
votes given for the creation of said county, and in the 
other column the votes given against the same, and said 
judges shall conduct said election, a.nd make returns to the 
clerk of the county commissioners court of Morgan, in the ^^etums how 
same manner as is now provided by law in the case of "^ 
elections for Senators and Representatives to the general 
assembly, and said returns shall be opened and counted in 
the same manner as in such elections, and if a majority of 
all the votes given at said election shall be in favour of the 
creation of said county, a certificate thereof shall be made 
by the clerk of said county commissioners court under the 
seal of said court, and transmitted by him to the office of Clerks shall 

the Secretary of State of the State of Illinois, to be filed ^'"^f"'""^"- 
• u- ^ -J c 2.' ■ ,. r -1 . cretary of State 

in his omce as evidence oi tne existence of said countj^, 

and said clerk shall make a like certificate and file the 

same in his office, which shall be entered of record at the 

next succeeding term of the said county commissioners 

courtand shall besufficicntto prove the facts therein stated 

after which said county shall be one of the counties of the 

State of Illinois. The clerk of the commissioners court of 

Morgan county shall cause a notice of said election to be ^"biic nonce. 



103 



COUNTIES. 



Time 
iiig- 



Owners of land 
shall donate. 



published in all the newspapers published in the county of 
Morgan. 
of meet Sec. 3. If said county shall be created as aforesaid, the 
legal voters of said county shall meet on the first Monday 
of May next, at the several places of holding elections in 
said new county, and vote for the place where the county 
seat of said county shall be located, and the place receiv- 
Perraanentseating the greatest number of votes shall be the permanent 
ofjustice. ggg^|. Qf justice of said county, and on the first Monday of 
August next said county shall proceed to elect all county 
officers for said county, to be commissioned and qualified 
as in other cases. 

Sec. 4. The owner or owners of the land where said 
county seat shall be located, shall donate and convey to 
said county of Cass, at least fifteen acres of land at the 
place where said seat shall be located, which may be dis- 
posed of in the manner the county commissioners court of 
said county shall deem proper, the proceeds whereof shall 
Buildings to be be applied to the erection of the court house and jail, and 
clerks oflices of said county, but if the county seat afore- 
said shall be located at Bcardstown in said county, the 
corporation of said town shall, within one year from the 
said location, pay into the county treasury of said county, 
not less than ten thousand dollars to be applied in the 
erection of said public buildings. 

Sec. 5. /Said county shall vote with the county of Mor- 
gan for Senators and Representatives until the next ap- 
portionment, and said county shall make a part of the first 
judicial circuit, and so soon as said county shall be organ- 
ized, the clerk of the county commissioners court of said 
county shall notify the judge of the said circuit, and it 
shall be his duty to appoint a clerk and hold a court in 
said county at such times as said Judge shall appoint. 
The seat ofjustice of said county shall be located at Beards- 
town, until the public buildings shall be erected. But if the 
county seat shall be located at Beardstown, and said cor- 
poration of Beardstown shall not pay to the treasurer of 
said count}^, said ten thousand dollars for the purpose of 
erecting said public buildings within one year after the loca- 
tion of said county seat, then the county commissioners court 
of said county shall locate the county scat at some other 
point near the centre of said county, when the quantity of 
hind mentioned in the fourth section of this act shall be 
donated as therein provided. 
School lands. Sec. 6. The school funds belonging to the several town- 
ships in said county, and all notes and mortgages pertain- 
ing to the same, slmll be paid and delivered over to the 
school commissioners of said county of Cass, by the school 
commissioners of the county of Morgan, so soon as the 



erected. 



Corporation 
shall pay into 
county treasLiiy 



How vote for 
Senator &c. 

Attached to 
first judicial 
circuit. 

Shall notify 
Judge. 



COUNTY COMMISSIONERS. l03 

said county shall be organized, and the commissioners of 
school lands shall be appointed and qualified according to 
law, together with all interest arising out of said money, 
that has not been heretofore expended for schools within 
that part of Morgan county now proposed to be set oft" in- 
to the county of Cass. This act shall take effect according 
to the conditions thereof, from and after its passage. 

Sbc. 7. In case said county of Cass shall be created un- . 

der the provisions of this act, then until the next appor- 
tionment of Senators and Representatives to the general 
assembly, the said countv shall be entitled to one Repre- Entitle! to one 

, ,. "^ , ,1 1 II 1 1 11 i J.I i representative. 

sentative to the general assembly, and shall at the next 
election vote with the county of Morgan for one Senator, 
also at every succeeding election for said Senator, and the 
county of Moi-gan shall be entitled to five representatives 
and two Senators. 

Approved, March 3d, 1837. 



AN ACT to amend an act entitled an act establishing the couits of county y r^..(,g Maich 
commissioners, approved March 22, 1819. i . IS*?? 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That at the first term of 
the county commissioners courts in each and every county 
of this State, to be held after the first Monday in August „ 
l838, it shall be the duty of each and every one of the p^i-e tickets, to 
clerks of said courts, to prepare three tickets upon one be drawn by 
of which shall be written the words one year, upon anoth- ^°- com'is'ers. 
er the words two years, and upon the other the words 
three years, which tickets so prepared shall be presented 
by said clerks to the county commissioners of their coun- 
ties respectively, and each of said commissioners shall 
draw one of said tickets. 

Sec. 2. The term of service of the commissioner who 
draws the ticket upon which is written the words one 
year, shall expire on the first Monday in August in the 
year 1839; the term of service of the commissioner who Term of ser- 
draws the ticket upon which is written the words two '^'ce of county 
years, shall expire on the first Monday in August in the '=°'"™'^^'°"'^'^- 
year 1840; and the term of service of the commissioner 
who draws the ticket upon which is written the words 
three years, shall expire on the first Monday in August in 
the year 1841, and it shall be the duty of the clerks of the uponrrcoTci" 
county commissioners courts respectively, to enter upon 
the records of said courts which of said commissioners is 



104 COUNTY COMMISSIONERS. 

to continue in office for one year, which for two years, and 
which for three years. 

Sec. 3. On the first Monday in August in the year 1839, 

and on the first Monday in August in each and every year 

thereafter, there shall be held an election, held in each and 

„, . , , every county in this State, for the election of one county 

Elections to be ■'..•', c ■ i 1 1 i 

held. commissioner, whose term ot service shall be three years 

from and after tlic day of his election, and the county com- 
missioner who has been longest in ofiice, shall always be 
the presiding oflicer of the court. 

Sec. 4. In each and every county which may hereafter 
Commis'ersto be organized in this State, there shall be elected at the first 
deteiraiiie by regular clcction held in said county, three county commis- 
sioners who at the first term of their court held after their 
election, shall proceed to determine their terms of service 
in the same manner as is provided in the first section of this 
act, and on the first Monday in August in each and every 
heki"°"**° ''year thereafter, there shall be elected in said counties, one 
county commissioner, who shall continue in office three 
years from after the time of his election. 

Sec 5. Whenever a vacancy shall happen in the office of 
county commissioner by death, resignation or otherwise, it 
shall be the duty of the clerk of the county commissioners 
Clerk to Older court of the county in which the vacancy shall happen, to 
fiu vacaiicies' is^^^^ his order to the judges of election in the difierent dis- 
tricts in said county, requiring them on a certain day not less 
than twenty days from the date of such order, to hold an 
Proviso. election to fill such vacancy. Provided, That if the term of 

service of the commissioner whose vacancy is to be filled, 
would have expired within six months of the happening of 
said vacancy, it shall not be necessay for the clerk to order 
an election to fill such vacancy. 
Manner of con- Sec. G. All elections provided for in this act, shall be 
ducting elec- conducted and returns thereof made in the manner provi- 
*'°"^' dcd in an act entitled, "An act regulating elections," ap- 

proved January lO, 1829. 

Sec. 7. So much of the 25(,h section of an act entitled 
"an act regulating elections, approved January 10th 1829," 
Part °f an act j^j^^g ^^ ^^^^ election of county commssioners, is here- 

repealed. ,11 "^ 

by repealed. 

This act to take efiect fiom and after its passage. 
Approved 1st March, 1837. 



COUNTY SEATS. 105 

An act to re-locate the scat of Justice of Clark county. i^ foj-ge March 

4th 1837. 

Whereas the commissioners appointed at the hist ses- Preamble. 
sion of the General Assembly, to re-locate the seat of jus- 
tice of Clark county failed to make such location, and 
the citizens of said county having again petitioned the leg- 
islature in the premises, therefore, 

Sec. 1. Be it enacted by the PeojAe of the State of t^^i^^ois,^l^f^ll^°^ 
represented in the Genercd Assembly^ That on the third Sat- ^^,jjgj.g_ 
urday in May next, an election shall be held at the usual 
places of holding elections in said county, to be conducted 
in all respects as near as practicable as other elections; at 
which time the legal voters of said county, and all those 
persons over twenty-one years old, who shall not have 
been six months in the State, but who shall be owners of ^^^' h° ^"titled to 
land and residents of the county at the time of such elec- 
tion, shall be eligible to vote, and the vote shall be for or 
against a removal of the seat of justice from Darwin, and 
if it shall appear from the returns of said election that a 
majority of all the votes shall be in iavorof its remaining 
at Darwin, no further proceedines shall be had, and the „ ^ , . , 

•1 J r • ,• I II • , -11 1 u *^at of justice 

said seat oi justice shall remain at said place; and sub- to remaiu. 
stantial, suitable public buildings shall be erected out of 
the donation given by the friends of Darwin, and the fund 
of the county. 

Sec. 2. If it shall appear that a clera' majority of the .^ ggcond eiec- 
votes given at said election shall be in favor of removing tion to be held 
said seat of justice from Darwin, then and in that case a when & where. 
second election shall be hoi den as aforesaid on the first 
Monday in August next, at which election all persons as 
above stated, (and the judges shall be careful to exclude 
and reject all transient persons, n-^t really entitled to vote) 
may vote for establishing the said seat of justice on the na- 
tional road, placing the same either at Marshall or Auburn, 
the points named in said petitions, and the place getting a 
majority of the votes given at said second election, shall 
forever remain the permanent scat of justice of said 
count}^ 

Sec. 3- At least twenty days previous to cither of said Bondto be filed 
elections donations maybe oilercd viz: The friends of with county 
Darwin shall file with the treasurer of said county, a good "casurer, 
and sufficient bond to the acceptance of said oflicer, bind- 
ing themselves to donate and pay the sum of two thous- 
and dollars for the erection of a court house, to be erected 
on the land now ovv^ned by the county; and in case of a se- 
cond election, the proprietor of Marshall, and those of Au- ; 
burn, shall respectively file a bond specially drawn, with 
approved security, binding to make to the county the pay- h 
ments, and deed in fee simple v/ith covenants of general 

O 



106 

Cofldition of 
bonds. 



County com- 
missioners, to 
make record of 
elections &c. 



Co. oflSces to 
be removed. 



COUNTY SEATS- 

warranty, for the lands proposed, and which shall be as fol- 
lows, viz: A donation of at least two acres of land and 
four thousand dollars in money, or a donation of at least 
forty acres of land, well situated on both sides of the na- 
tional road, and about an equal moiety on either side, and 
the deed to the county foi' the land named, to be made and 
delivered on or before the first Monday of September next, 
one third of the money shall be paid into the county treas- 
ury on the first day of January 1838, and the balance on 
completion of the court house by the county, which, if 
erected at Darwin, shall be a neat and suitable building, 
and if at either of the other points named shall be well 
constructed of good materials, worth at least five thous- 
and five hundred dollars; and the land shall not only be de- 
scribed in the bond, but clearly designated and defined by 
metes and bounds, sufficient land marks, at the time of 
filing the bond, that any person wishing may view the 
same. 

Sec. 4. It shall be the duty of the county commission- 
ers court to cause special entries to be made of record, of 
the result of said elections, and file and preserve said re- 
turns or poll books for inspection, to lay off into lots and 
dispose of said donation to the best advantage for the in- 
terest of the county, and shall, without unnecessary delay, 
cause the court house and the jail to be erected. 

Sec. 5. In case the seat of justice shall be removed, all 
the public ofiicers of the county shall be removed to the 
place selected, by the first Monday of September next, and 
all the books, papers and records appertaining thereto; and 
the courts thereafter shall be holden there, and process re- 
turned accordingly. 

Approved 1st March, 1837. 



In force 4th 
March, 1837. 



Seat of justice 
removed. 



Proviso. 



AN ACT to re-locate the county seat of Calhoun county. 

Sec. 1. Be it enacled hy the people of the State of Illinois 
represented in the General Assembly, That the seat of jus- 
tice of the county of Calhoun shall be and is hereby remo- 
ved from its present location in the town of Gilead, and re- 
located; and the courts hereafter to be held in said coun- 
ty shall be held in the town of Guilford, and the said town 
of Guilford shall be the permanent county seat of said coun- 
ty: Provided the proprietors or citizens of the said town of 
Guilford shall donate and deed by general warranty in fee 
simple to the county of Calhoun a sufficient quantity of 



COUNTY SEATS. 107 

ground on which to erect the public buildings of said coun- 
ty; also at least twenty building lots in said town, and pay 
into the county treasury of said county three hundred dol- 
lars, to be applied with the proceeds of the sale of the 
aforesaid lots in the erection of a court house for said 
county. 

Sec. 2 As soon as the provisions of the first section of County com'rs 
this act shall have been complied with, it shall be the du-;,°Pgf^;7ohoid 
ty of the county commissioners of said county to procure courts. 
some suitable building in the town of Guilford, in which 
the courts shall be held in, until the necessary public buil- * 

dings shall have been erected. The clerks of the circuit 
and county commissioners' courts and recorder are here- 
by required to remove their respective records and keep Offices to be i-e- 
their offices at the town of Guilford, and all officers required n^oved. 
by law to reside at and keep their offices at the county 
seat, are hereby required to keep their offices in said town 
of Guilford. 

Sec. 3. As soon as convenient after this act shall take County com'irs 
effect, the county commissioners of said county shall pro-^°tQ^^ 
ceed to sell the public buildings and all the real estate be- 
longing to said county, and situated in the town of Gilead, 
in such manner as shall be thought by them to be most ben- 
eficial to the interests of said county, the proceeds of which 
shall be applied to the erection of new buildings in the 
town of Guilford. 

Sec. 4. 'The conveyance of the town lots required to be 
made by the proprietors of the town of Guilford in the first io°g"^^^g^'^° °^ 
section of this act, shall be made 'i^within three months af-made. 
ter its passage; and three hundred dollars required by the 
same section, to be paid into the county treasury by them, 
shall be made at the December term of the county com' 
missioners court in the present year. 

Approved 4th March, 1837. 



AN ACT to establish the county seat of Mercer county. In force 4th 

March, 1837. 

Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Wm. McMurtry of Com'rs to lo- 
Knox county, Thomas Spragins of Jo Daviess county, John ^j^^^ ^^^' ' •'"' 
H. Stephenson of Ogle county, be and they are hereby ap- 
pointed commissioners, whose duty it shall be to locate a 
permanent seat of justice in and for the county of Mer- 
cer. 

Sec. 2. The above named commissioners or a majority When and 

where to meet. 



IQQ COUNTY SEATS. 

To take an oath of them, shall meet at the town of New Boston in Mercer 
county, on the first Monday of April next, or within six 
months thereafter, and after being duly sworn by some jus- 
tice of the peace faithfully to take into consideration the 
geographical boundaries of the county, the convenience 
of the inhabitants, the situation of the settlements that arc 
or may hereafter be made, and the eligibility of situations, 
, shall proceed to fix upon a place for said county seat. 

Where may lo- -•, ^ « nni • i • • • •1 r j.u 

eate. Sec. 3. The said commissioners or a majority ot them, 

are hereby authorized to locate said seat of justice in any 
town now laid off into lots. Provided, that the proprietor 
or proprietors thereof, shall donate and with covenants of 
general warranty to said county of Mercer, lots of an av- 
erage value, with the remaining lots in such town, equal in 
all to at least thirty acres of land, or on private property 
if the proprietor thereof shall donate to the county at 
least twenty acres "of land, on which the court house 
and other public buildings shall be erected, or on lands be- 
longing to the United States, and in that case it shall be 
the duty of the county commissioners court of said coun- 
ty, as soon thereafter as practicable, to purchase the same 
for the use of said county of Mercer. 

Sec. 4. When the said commissioners or a majority of 

They shall re- them, shall have agreed upon a place for the county seat, 

port to the as herein provided, they shall make report thereof under 

county court, ^hei^. hands, describing particularly the place which they 

have so selected, to the county commissioners court of said 

county of Mercer, who at their next term shall cause the 

same to be entered upon the records of said court, and the 

said place so selected shall be and remain the permanent 

How proceeds ^oat of justice of the aforesaid county. 

of donated Sec. 5. The procccds of the sales of all the lands that 

lands to be ap- ghall bccome the property of the county by virtue of this 

act, shall be applied to the erection of a court house and 

jail and such other public works as may be necessary and 

useful to said county, and the county commissioners are 

hereby authorized to make conveyance to the purchaser 

thereof, in their own names as commissioners for, and in 

Compensation, behalf of said county. 

Sec. 6. The commissioners appointed to make the lo- 
cation aforesaid, shall each receive the sum of three dollars 
per day, for each day by them necessarily employed in dis- 
charging the duties imposed on them by this act, to be al- 
lowed by the county commissioners court, and paid out of 
the treasury of said county of Mercer. 
Approved, March 4th, 1837. 



COUNTY SEATS. 109 



AN ACT to establish the county seat of Iroquois county. In force 16th 

June 1837. 

Whereas the commissioners appointed by an act enti- Preamble, 
tied an act to establish the seat of justice of Iroquois coun- 
ty, approved February 10th 1835, have failed to execute 
the provisions and duties imposed upon them by the said 
act, and the location of said seat of justice still remains 
undecided; therefore 

Sec. 1. Be it enacted by the people of the State of Illinois, Commissioner 
represented in the General Assejnblii. That Noel Yasseur of ^pp°'"-®'^^*°^°' 
Will county, George Scarborough, and George Barnett of justice of Iro- 
Vermillion county, be and they are hereby appointed com-q"ois. 
missioners whose duty it shall be to locate a permanent 
seat of justice for the county of Iroquis, and the county 
seat, when selected and located, shall be called by such 
name as the said commissioners may designate. 

Sec. 2. The above named commissioners or a majority When and 
of them, shall meet at the house of WilliaKi Armstrong in where to meet. 
said county of Iroquois, on the iirst day of April next, or 
within four months thereafter, and after beiner duly sworn T° P® ewom. 

, . . ^ ,, r -ji /• 11 , , I " • "^ • t Oath and duty. 

by some justice oi the peace laithlully to take uito consid- 
eration the convenience of the people, situation of settle- 
ments now made, and that may hereafter be made, and 
the eligibility of situation for said town, and shall within 
the time aforesaid, proceed to fix upon a place for said 
county seat. 

Sec. 3. When said commissioners or a majority of them, Commissioners 
shall have agreed upon a place for said county seat, as jg ^o make report. 
provided in the second section of this act, they shall make 
report thereof, under their hands particularly describing 
the place they have so selected, to the county commission- 
ers court of said county of Iroquois, who at their next '^° ^^ ®"'^^^'i 
term shall cause tlie same to be entered on the records of piac^J^sejec^ed 
said court, and the said place so selected, shall be and re- tobeperma- 
main the permanent seat of justice of the said county of "f"*^^®^' °^J"' 
Iroquois. 

Sec. 4. Should said commissioners conclude to locate If on private 
said seat of justice on private property or the property ofP'?P'^i'Y'^°°^" 
individuals, they shall ask and obtain from said individuals of 20 acres. 
a donation of at least twenty acres of land, and shall also 
describe said donation with certainty by metes and bounds 
as near as may be, Provided, That should the proprietor Proviso. 
or proprietors neglect or refuse to make the donation here- 
in provided for, the said commissioners shall then be re- 
quired to locate the said seat of justice on the nearest eli- 
gible situation on public land, and it shall be the duty of 
said commissioners previous to locating the said seat of 
justice on land belonging to any individual or individuals 
to take a deed in fee simple to said county of Iroquois, 



110 



COURTS AND CIRCUITS. 



Proviso. 



land for the 
use of county. 



for such land as may be donated as aforesaid, and Provi- 
ded further^ That if the said commissioners shall locate 
said seat of justice on public land, the county commission- 
ers court shall be, and they are hereby authorized and re- 
CoLinty com'is'l^^i'^^ to purchase any quantity of land not exceeding one 
to purchase quarter section including said town site, in the name and 
for the use of the said county of Iroquois, which land or 
such part thereof as the county commissioners court may 
direct, shall be laid offinto town lots in such manner and sold 
for the use of said county, at such time and place as the 
county commissioners court may direct. 

Sec. 5. The county commissioners court of said county 
of Iroquois, shall allow the said commissioners such reason- 
able compensation for their services as they may deem just, 
not exceeding two dollars per day, to be paid out of the 
county treasury of said county. 

Sec. 6. All acts and parts of acts coming within the peyr 
view of this act, are hereby repealed. 

Approved 16th January, 1837. 



Compensation. 



Repealing 
clause. 



In force June ^'^ ACT fixiog the times of holding circuit courts in tlie several counties in 
l<:t 1837 the fourthjudlcial circuit. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That after this act 
shall be in force the terms of holding the circuit courts in 
the several counties in the fourth judicial circuit of this 
State, shall commence at the times hereinafter specified, 
and continue to be held from day today, Sundays excepted, 
until the business shall be disposed of; unless it shall be 
necessary to close the term to enable the judge to attend in 
the next county, to hold court. In the county of Edgar 
on the first Mondays in March and September; in the 
county of Vermilion, on the second Mondays in March 
and September; in the county of Champaign, on the third 
Mondays in March and September; in the county of Coles, 
on the Thursdays thereafter; in the county of Jasper on 
the Thursdays after the fourth Mondays in March and 
September; in the county of Clay on the Mondays there- 
after; in the County of Wayne, on the Thursdays thereaf- 
ter; in the county of White, on the Mondays thereafter; 
in the county of Edwards on the Mondays thereafter; 
in the county of Wabash, on the Thursdays thereafter; in 
the county of Lawrence, on the Wednesdays thereafter; 



Time of hold- 
ing court in sev.- 
eral counties in 
fourth judicial 
circuit. 

Sundays excep- 
ted. 



Court of Edgar 
to be held. 

Vermilion. 
Champaign. 
Coles. 
J.isper. 

Clay. 

Wayne. 

■^Vhite . 

Edwards. 

Wabash. 

Lawrence, 



COURTS AND CIRCUITS. Ill 

in the county of Crawford, on the Mondays thereafter; in Crawford. 
county of Clark on the Fridays thereafter. Clark. 

Sec. 2. All processes, suits, and recognizances which 
have been or may be issued or entered into and made re- 
turnable to the courts as at present arranged, shall be ta- 
ken and considered to be returnable to the terms fixed by 
this act, and shall be as valid as if made returnable to the 
terms fixed by this act. This act to be in force after the 
first day of June next. 

Approved March I, 1837, 



AN ACT prescribing the time of holding tlie circuit court in the county of In force 10th 

Washington. February 1837. 

Sec. 1. JBe it enacted by the people of the Slate of Illinois, Chcu'n comt of 
represented in the General Asseynbly, That the circuit court Washington 
of the county of Washington in the second judicial cir-*^'^"^^ " 
cuit, shall be held on the Fridays after the first Mondays 
in March and September, any thing in the act entitled an 
act supplemental to the several acts relating to the cir- 
cuit courts in this State, approved January l6th 1836, to 
the contrary notwithstanding. 

Approved February lO, 1837. 



AN ACT fixing the terms of the courts of the 1st, Gth, and 7th circuits. ^ „ 

In force 4th 

Sec. 1. Be it enacted by the people of the State of Illinois, ^^ ' mU 
represented in the General Assembly, That the county of 
Calhoun is hereby added to the fifth judicial circuit, and 
shall from the passage of this act, compose a part of 
said circuit, and the circuit courts for said county shall be r^.^^ ^^, . . 
holden on the Tuesdays before the first Mondays in April ing court in 
and September. fifth circuit. 

Sec % The times of holding courts in the sixth judi- g. j^ 
cial circuit, shall be as follows: In the county of Jo Daviess 
on the second Mondays in April, second Mondays in July, 
and third Mondays in October; in the county of Rock 
Island, on the Thursdays after the third Mondays in April 
and on the first Mondays in September; in the county of 
Mercer, on the fourth .M^ondays in April, and on the second 
Jkfondays in September; in the county of Henry, on the ^°""'y°f Hen- 
Fridays after the fourth Mondays of April and second Mon- ^' 



112 COURTS AND CIRCUITS. 

Putnam, dajs in September; in the county of Putnam on the first Mon- 

days in May and third Mondays in September; in the coun- 
ty of Peoria, on the second Mondays in May and fourth 
Mondays in September; in the county of Ogle, on the 
fourth Mondays in May and first Mondays in October; in 
the county of Winnebago, on the Tliursdays after the fourth 
Mondays inPtiay and first Mondays in October. 

Seventh circuit Sec. 3. The times of holding the courts of the seventH 

judicial circuit, shall be as follows: in the county of Iro- 

. . quois, on the first Mondays in April and October; in the 

WiiL '^ ^° county of Will, on the second Mondays in April and fourth 

Mondays in September; in the county of La Salle on the 

third Mondays in April and September; in the county of 

La Salle and Kane, on the first Mondays in May and second Mondays 
in September; in the county of McHenry, when organized, 
on the Thursdays after the first Mondays in May and the 

McHenry and Thursdays before the second Mondays in September; in 

^°°^- the county of Cook, on the second Mondays in May, third 

Mondays in August and first Mondays in March. 

First circuit. Sec. 4. The times of holding the courts in the first ju- 

dicial circuit hereafter, shall be as follows to wit: In the 
county of Sangamon on the first Mondays in March and 
July, and the second Mondays in October; in the county 

Sangamon ^^ Morgan on the third Mondays in March and third Mon- 

Morgan, Green days in July, and fourth JMondays in October; in the coun- 
ty of Green, on the first Mondays in April, fourth Mon- 
days in July and first P*Iondays in November; in the coun- 

Macoupin. iy o£ Macoupin on the second Mondays in April and Sep- 
tember; in the county of Tazewell, on the third 71/ondays 

Tazewell. ^^ April and third Mondays in September; in the county 

Tj, , of iVi'Lean, on the first Mondays in 3iay and fourth Mon~ 

McLean. -ci.i -i c nr ii 

Macon days in September; m the county ot JWacon, on the Se- 

cond Mondays in May and first Mondays in October. 
Sec. 5. The circuit judges of the several judicial cii- 
Power of Jud°-e cuits of this State, now or hereafter to be created, shall 
to appoint spe- have power and they are required to appoint a special 
cialterm, tcrm of the court in any of the counties comprising their 
respective circuits, whenever it may be necessary for the 
prompt and efficient administration of justice, and when- 
ever any special court shall be held, the clerk of said 
g^'K *° ""'''y court shall give the Sherilf of said county notice in wri- 
ting at least twenty days before said court is to be held, 
vv'ho siiall summon twenty-three grand and twenty-four 
petit jurors, to attend at the court house on the day ap- 
tit jurors.'^ ^^' pointed for holding said court, and said SherilF shall put 
up notices of the time of holding such court, in at least 
five of the most public places in said county, and all pro- 
cess which may have been made returnable to the regular 



CRIMINAL CODE. 113 

term, shall be deemed in law returnable to the said special 
term appointed as aforesaid. 

Sec. G. The Judge of the seventh judicial circuit, shall ^^.^J^^s® °^ '^^^ 
continue the several terms of the courts in the counties 
constituting said circuit, until all the business is disposed 
of, or until forced to attend the terms in other counties as 
specified in the third section of this act. 

Sec. 7. This act so far as regards the first and seventh 
judicial circuits, shall not take effect and be in force ante- jg°jg|."^°"°*'*" 
nor to the first day of June next, and all the terms of the 
courts necessary to be held in the counties constituting the 
seventh and first judicial circuits, shall be held at the times 
prescribed in the act entitled and act regulating the times 
of holding the Supreme and circuit courts, and fixing the 
salary of the circuit Judges, approved 13th February l835. ^ 

Sec. 8. All writs or other process issued and made re- jjj^;'^'^^^"^^ °^'^- 
turnable to the courts in the 5th and 6th judicial circuits tumable. 
asheretofore established, shall be considered asmade return- 
able to thecourtstobe held under the provisions of this act. 
This act to take effect and be in force fiom its passage. 

Approved 4th March, 1837. 



AN ACT forming an additional judicial circuit. In force Feb. 

4, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
rvpresented in the General Jlisembly^ That an additional 
judicial circuit is hereby created in this State, composed ^ 
of the counties of Cook, Will, McHenry, Kane, La Salle 
and Iroquois, which shall be called and known as the 
seventh judicial circuit. 

Approved 4th Feb. 1837. 



AN ACT to amenrl an "act to regulate the apprehension of offenders, and i^ force Juno 
for other purposes, approved January G, 1827." , igt, 1837. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Asse?nb!y, That it shall be the du- 
ty of the judge or justice of the peace who shall commit ^_^^^^^^^.^_ 
any offender to jail, either because such offender is unable „e'<;ses to be en- 
to procure bail for his appearance at court, or because the tered on war- 
offence is not Iiv l.a-.v biilahle, to write on t'le warrant ofi'i"''' ':^"- 
co.iT.-nitmjn!; t.ie namjs a:rl rjsiJjucci ui L.u p.iAicip 1 

P 



114 CRIMINAL CODE. 

witnesses by whom the crime was proved before said judge 
or justice. 

Sec. 2. Whenever any prisoner in Mie custody of the 
sheriff or jailor of any county, on any warrant of commit- 
ment as aforesaid shall demand of said sheriff or jailor, a 
copy of said warrant of commitment, said sheriff or jail- 
or shall endorse on the said copy the names of the wit- 
nesses written thereon as aforesaid, and any justice or 
\ ju<^g6 who shall neglect to write the name or names of the 

witnesses aforesaid, on the warrant of commitment, or any 
sheriff or jailor shall neglect to endorse the name of said 
Fine for neg- -^j^ness or witnesses on any copy of said commitment, each 
justice, judge, sheriff or jailor oflending in the premises 
shall be lined in the sum of twenty dollars, to be recover- 
ed by action of debt, in the name of, and for the use, of 
any person who shall sue for the same in any court of re- 
cord. 

Sec. 3. Whenever a habeas corpus shall be issued to 
bring the body of any prisoner committed as aforcsaidy 
unless the court or judge issuing the same, shall deem it 
wholly unnecessary and useless, the said court or judge 
Subpoena to be shall issue a subpoena to the sheriff of the county v/here 
issued for wit- g^jj person shall be confined, commanding him to sum- 
°^^^ mon the witness or witnesses therein named, to appear be- 

fore such judge or court, at the time and place when and 
where such habeas corpus shall be returnable, it shall be 
the duty of such sheriff to serve said subpoena if it be 
possible, in time to enable such witness or witnesses to at- 
tend. It shall be the duty of the witness or witnesses thus 
served with said subpoena to attend and give evidence be- 
Witnessesshaii fgj-g ^\^q judge orcourt issuing the same on pain of being 
evidence" ^'^^ guilty of a contempt, and shall be proceeded against ac- 
cordingly by said judge orcourt. 

Sec. 4. On the hearing of any habeas corpus issued as 
aforesaid, it shall be the duty of the judge or court who 
shall hear the same, to examine the witness or witnesses 
aforesaid, and such other witnesses as the prisoner may re- 
quest, touching any offence mentioned in the warrant of 
commitment as aforesaid, whether said offence be techni- 
cally set out in said commitment or not, and upon which 
hearing, said judge or court may either re-commit, bail or 
discharge the prisoner according to the facts of the case. 
This act to take effect from and after the first day of 
June next. 

Approved 1 1th February, 1837. 



DISTRICTS. 



115 



AN ACT foi-mins a jusuce's distiict in the county of Edgav. j^^ ^^^.^^ ^^^ 

Feb., 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, j^.^^^^^^^^^,^^^ 
represented in the General Assembly, That all that portion ^jee of the 
of Edgav county north of the town of Grand ^;^^-' ^^.j^ STetrd. 
west of the Sugar creek timber, by an east and wes , noith 
and south lines, beginning on the north and south hne be- 
tween Edgar and Coles counties, thence due east so as to 
exclude the Hickory Grove, thence due north to t^je coun- 
ty line so as to include the mulberry grove, and all the h_t- 
tle Emoarrass timber in said county, be, and the same is 
hereby constituted a district for the election of a justice 
of the peace and constable. 

Sec 2 The county commissioners court of the county Election to b» 
of Edgar, are hereby authorized and required to cause an held ^ 

election t'o be held on or before the first day of Apnl next f- J- -i-ca 
or as soon thereafter as practicable, for one justice ot the ^^^^ 
peace and one constable, in said district; and at each quad- 
rennial election thereafter, the officers elected shall hoW ^^^.^ ^^^^^ ^ 
their offices until the next general election for justices ot duty. 
the peace and constables, at which time their successors 
shall be elected as in other cases, and the person so elect- 
ed shall have and exercise jurisdiction, hold their otnces 
by the same tenure and under the same regulations in all 
respects as other justices of the peace and constables ot 

this State. 

This act to be in force from and after its passage. 
Approved nth Feb., 1S37. 



AN ACT pe.n.anently establishing the Appalonia district in the county of In fon:e 27th 

^ Morgan, and for other pmposes. J anuaiy, !«;>/. 

Sec. 1. Be it enactedby the people ^/ ^^'^ f ^^'^/Z ^^^j'J^ „,, ^ , 
repLntedin the General Assembly, That the clerk of the When &w^e^^^ 
county commissioners' court of Morgan county shall cause e^-uor. 
a special election to beheld in the Appaloma precinct ol 
Morgan county, on the second Saturday of February next, 
for the election of an additional justice of the peace and 

constable, in and for said district; said election to be held 
in the town of Appaionia. . ,. ^ ., 

Sec. 3. The judges of election shall give no ice o said j.dges to ,.ve 

election at least te'n days before the day ^^ f;^^;!'^";^^^/""^^- 
posting up written advertisements at three oi tne most 
public places in said district. ..--i r>lr^ri;nn as Election how 

Sec. 3. The said judges shall conduct said clccaon ^\^,,^^,,,i. 



116 



ELECTIONS. 



Election how 

conducted. 

Justices' and 
constables'" du- 



Terra of ser- 
vice. 



Appalonia dis- 
trict to elect 
two Justices 6i, 
two constables. 



Other elections of justices of the peace and constables are 
conducted. 

Sec. 4. The justice of the peace and constable elec- 
ted at said election shall do and perform all the duties 
that are required of other justices and constables, and re- 
ceive the same fees, and shall hold their offices until the 
next regular quadrennial election for justices of the peace 
and constables, and until their successors are elected and 
qualified to office. 

Sec. 5. At each subsequent quadrennial election for jus- 
tices of the peace and constables the voters of said Appa- 
lonia district shall vote for and elect two justices of the 
peace and two constables in and for said district, who 
who shall in all cases do and perform the duties that are 
required of other justices of the peace and constables and 
shall be entitled to the same fees. 

Sec. 6. This act shall be in force from and after its pa*.- 
sage. 

Approved Jan. 27th, 1837. 



In force 1 5th 

Feb. , 1837. 



AN ACT aathorizing tbe election of additional Notaries Public, Justices cf 
the Peace, Constables and surveyors, in Madison and other counties. 



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

Puty of govern- ,,^p^.g5g,j^g^ in the. General Assembly, That it shall be the du- 

iy of the governor, by and with the consent of the Senate, 

To appoint no- to appoint onc additional notary public in the town of Al- 

tarjes public. ^^^^ ^^^ qj-^p notary public in the town of Upper Alton in 

the county of Madison, one additional notary public in 

the town of Jacksonville, and one notary public in the 

town of Beardstovv'n in Morgan county, and one notary 

public in the town of Quincy, whose duties and term of 

service shall be the same as are now regulated by law. 

Sec. 2. The clerk of the county commissioners court of 
Madison county, is hereby authorised and required to issue 
writs of election for two additional justices of the peace 
and constables, in the town of Alton, and two additional 
justices of the peace and constables in the Upper Alton 
precinct, at such time as he may be requested by applica- 
tion from not less than twenty-live legal voters of said 
town or precinct, which justices of t'ue peace and consta- 
bles when elected, shall continue in office and be governed 
according to the laws now in force, or that may be hereaf- 
ter enacted regulating the duties of justices of the peace 
find constables. 

Skc. 3. At the next regular election for justices of the 



Clerk to issue 
writs of elec 
tion. 



ELECTIONS. 



117 



peace and constables in said county, and every regular No. to be eiec- 
election thereafter, there shall be elected four justices of ted 
the peace and constables in the town of Alton, and four 
justices of the peace and constables in the Upper Alton 
precinct, one of which justices of the peace and consta- 
bles, shall not reside v/ithin the limits of the town of Up- 
per Alton. 

. Sec. 4. There shall be elected on the first Monday in JZ'^ °^ '^"" 
April next, and at every regular election thereafter, a sur- 
veyor for townships No. five and six, north of ranges No. 
nine and ten, west of the third principal meridian, who 
shall continue in office and have the same powers and be 
governed by the laws now in force, or that may hereafter 
be enacted regulating the duties of county surveyors; and 
it shall be the duty of the clerk of the county commission- 
ers court of said county of Madison, to issue writs of eh c- 
tion to all the precincts coming within the before describ- 
ed townships, giving the same notice now required by law 
for the election of county surveyor. 

Sec. 5. It shall be the duty of the surveyor elected by Dutyof Eui-rey- 
virtue of this act, to reside either in the town of Alton, °'^- 
Middleton or Upper Alton. 

Sec. 6. Townships 18 north, of range 12 west, of the 
third principal mcridan in Morgan county, is hereby made 
a justices district by the name of the Beardstown justices 
district. 

Sec. 7. There shall be elected on the first ]\Ionday in Beardstown. 
April next, one justice of the peace, and one constable in 
said district at the Beardstown Hotel; and at every regular 
election for justices of the peace and constables hereaf- 
ter, there shall be elected tv^^o justices of the peace and two 
constables in said district, v/hose powers and duties shall 
be the same as other justices of the peace and constables, 
in the county of Morgan. 

Sec. 8. 'rhe clerk of the county commissioners court of 
Morgan county, is hereby required to issue a v/rit of elec- Writ of elec- 
tion for the election of the justice of the peace and consta- t'O"- 
ble in said district. 

Approved 15th Februai-y, 1837. 



AN ACT to provide for the election of additional lustices of the peace and r f -i;... 
, ui • u ■ PI' I <^r III force loth 

constables m the counties oi Ivnox and vvarren. p.^ 1007 

5ec. 1. Be it enacted by the p-'oph of the Stale of Illinois, (^.^, ^p ^y 
represented in ths GemratAss'mblfj, That the county com- ran & Knox ai- 
missioners' courts of the counties of Warren and Knox be lowed addition- 
al justices Si, 



^8 FERRIES. 

constables. and they are hereby authorised and required to cause an 
election to be held on or before the first day of April next, 
or as soon thereafter as practicable, and at each quadren- 

Eiections to be nial election thereafter for one additional justice of the 

held in what peacc and constable in the Monmouth district of Warren 
county, and one additional justice of the peace and consta'- 
ble in the Henderson district of Knox county; the officers 

Teimofser- so elected shall hold their office until the next general 
election for justices of the peacc, and until their succes- 
sors shall be elected and qualified; and the persons so 
elected shall reside within the incorporated limits of the 
respective towns of Monmouth and Hendersonville, shall 
unsdiction ]^ave and exercise the same jurisdiction, hold their office 
by the same teni^re and be under the same regulations in 
all respects as other justices of the peace and constables of 
this State. 

Approved 15th Feb., 1837. 



In force March '^'^ ACT for the purposes therein named. 

2, 1837. 

W HEREAs an act to which this is a supplement, passed 
at the present general assembly authorizing a special elec- 
tion to be held in the Appalonia district, for one additional 
justice of the peace and constable, and the time having 
elapsed when said election should have been held under 
said act, therefore 

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

represented in the General Assembly^ That the clerk of the 

county commissioners court of Morgan county shall cause 

an election to be held in the town of Appalonia in the 

Election of ad- month of April next, for the electionof one additional jus- 

Ss&loS'-' tice of the peace and constable, who when elected shall 

bies be qualified to office, and hold their offices as provided in 

the act to which this is a supplement. 

Approved, March 2d, l837. 



Ill force 7th ^^ ACT to authorise Jacob Fry, Thomas Cummings and Isaac Darniel to 
Feb 1837. establish a ferry across the Illinois river at the town of Guilford. 

J. Fry, T. Sec. 1. Be it enacted by the people of the State of Illinois, 

Cummiiiss ano rcprcsmtcd in the General A.ssnnbli/, That Jacob Fry, Thom- 

■ ^""^ ^^ as Cummings and Isaac Darniel be and they are hereby 



FORCIBLE ENTRY A^D DETAINER. 119 

authorised to establish and keep a ferry on the Illinois ri- thoiized to keep 
ver at the town of Guilford: the rates for crossing at said feny across the 

,,,, 1,11,1 X ••? i. Illinois liver. 

ferry shall be regulated by the county commissioners court 

of Greene county. 

. Approved Feb. 7th, 1837. 



AN ACT authoiizing Williston T. Reed to establish a ferry a; Newport on l„ force Marcfe 
the Ohio river, and for other purposes. 3,1837. 



imisEioners 



Sec. 1. Be it enacted by the people of the State of Illinois, q^^^^ 
represented in the General Assembly, That John Mclntire, appointed, 
AlexanderDouglass and John Ilcnley be, and they arc here- 
by appointed commissioners to view, mark and locate a state Duties. 
road from Thomas F. Anderson'sin Pope county, to New- 
port on the Ohio river, having a due regard in said location 
to a direct line, and the convenience of the citizens in the 
neighborhood in which said road is to pass. 

Sec. 2. The said commissioners or any two of them, When and 
shall meet at the house of Thomas F. Anderson in Pope where tomeet. 
county on the first Monday in April, or in sixty days there- 
after, and being first duly sworn before some justice of '^°^^''^^"*'^''^ 
the peace faithfully to discharge the duties required of 
them by this act, shall proceed to view, mark and locate 
said road. The said commiEsioncr shall make a report in To report to the 
vvritinff to the county commissioners as soon as said road is county ccm- 

1 1 i-i.iii/' ^r^i 1 /- missioners. 

located, and said report shall lorm a part oi the record ot 

the said court, and said road thus laid out, shall be a state Road to be 

road, and opened and kept in repair as other state roads, opened and 

r-i o r -1 1 • 1 Ti;7--ii- J- m kept in repair. 

Sec. 3. As soon as said road is opened, Williston 1. Ferry estab- 
Reed is hereby authorized to establish a ferry at Newport lished. 
across the Ohio river. Provided hozvevcr, There shall be 
nothing herein so construed as to interfere with any road 
or ferry, that the county commissioners have established 
heretofore; this act to be in force from and after its pas- 
sage. 

Approved 3d March, 1837. 



AN ACT amending an act entitled an act concerning forcible entry and de j ^^ force March 
tainer, approved Feb. 2d 1827 . Ist ^337 _ 

Sec. 1. Be it enacted by the People of the State of Illinois, 3 mhoiciion of 
represented in the General Assembly, That hereafter in all J^'f^'f',, vi7 

X *.* ' /-■•111' cIlUl ficUllliCl 

cases of forcible entiy and detainer or forcible detainer e.-.ieii(icd to 



120 FUND COMMISSIONERS. 

justices of the Only, any justice of the peace shall have^jurisdiction of 
peace. any case arising under the act to which this is amendatory, 

upon oath of the party aggrieved, or his authorized agent. 
Party aggrieved Sec. 2. Either party feeling aggrieved by the vcrdict of 
may appeal to ^]jg ■ ^^ the decision of the iustice on any trial had un- 

circuit court. j i • *^ i i i ' i ii 

der this act, he or she or they, may have an appeal to the 
circuit court to be obtained in the sarne manner as appeals 
from justices of the peace in other cases, Provided, That 
Clause to be in- the appellant or appellants shall also insert in the appeal 
dent orrenr t)ond, a clause conditioned for the payment of all rents 
becoming due if any from the commencement of the suit 
until the final determination thereof, as provided in the 
second section of an act concerning landlord and tenants, 
approved February l3 1827. 
Act repealed. Sec. 3. This act repea.ls so much of the second and 
fifth sections of an act concerning forcible entry and de- 
tainer, approved February 2d 1827, as is contrary to the 
Norightsaffect- provisions of this act, but rights accrued under that act, are 
*^* not hereby affected. This act to take effect on the first day 

of March next. 

Approved February 2'-!, iS37. 



In force March AN ACT requiring Samuel Munday to pay ever certain monies to the fund 
4, 1837. commissioners. 

Sec. 1. Beit enacltdby tlie ■people of the State of Illinois, 
represented in the General Assembly That Samuel Munday, 
commissioner, appointed by the second section of an act 
approved Feb. 12, 1833, relative to the improvement of 
the Great Wabash river, to expend certain moneys appro- 
Duties requir- priated by said act, be and he is hereby required to pay over 
ed. to the commissioners of public works appointed under an 

act to establish [and maintain] a system ofinternal improve- 
ment, any unexpended balance of said money he may have 
now in his hands on or before the firstMondayin June 1837. 
Sec* 3. Said board of commissioners of public works or 
such commissioner as may have in his charge the superin- 
tendance of the improvement of the Great Wabash, shall 
Com'rstore- receipt to the said Samuel Munday for such sum of mon- 
ceipt for same, ey as may be so in his hands, which receipt shall be a full 
discharge for the amount sjiecilied in said receipt, for the 
improvement of the navigation of the said Wabash river 
and for no other purpose whatever; and the superintend- 
ancc and direction of all such works on said river aro here- 
by vested in said board. 

Sec. 3. That the said board of commissioners of public 
works, or the acting- comrnisiioncr of that district in 



INTERNAL IMPROVEMENTS. 121 

which said Wabash river may be situated shall apply said Original object 
money to its original object in the improvement ofsaid ri- 
ver, in paying for such works and improvements as may be 
under contract and not yet adjusted, and also to apply the 
same in such manner as the said board may direct. 

Sec. 4. The said board of commissioners of public works 
shall be deemed and holden in law and equity as the sue- Successors, 
cessors of the said Samuel Mundy, commissioner as afore- 
said, and all existing contracts entered into by thesaid com- 
missioner in pursuance ofthe authority vestcdin him by the 
act above recited, shall be consummated and lultillcd by 
the said board of commissioners of public works, and the 
said Samuel Mundy is hereby indemnified against all costs 
of suits, and liabilities arising under the said contracts en- 
tered into by him as commissioner as aforesaid, either sev- 
erally or in conjunction with the commissioner on the 
part of the State of Indiana. 

Sec. 5. So much of said act of Feb. 12, 1833, as con- J^^^ tepefied, 
flicts with the provisions of this act is hereby repealed. 

Approved 4th March, 1837. 



AN ACT to establish and raaiutalua General system of Internal Impio\ emeut. ]„ force 27tli 

Feb. 1837. 
Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That there shall be elect- Jj^f^^ ['^"^^^ ^_ 
ed by the joint vote of the present general assembly, and lected by joint 
biennially thereafter, a board of fund commissiones to ballot, 
consist of three members, who shall be practical and ex- 

Dcrienced financiers, and whose term of ofiice therein shall _ , „ 
^ • 1 • -11 1 1 I II ■ 1- I 1 J I •• Terra of office, 

expire biennially, and who shall bcehgiblc to re-election. 

Each member of the board before entering into the 
discharge of the duties of his office, shall severally 
take and subscribe an oath or aflirmation, faithfully, hon- 
estly and diligently to discharge the duties of his said of- ^ 
fioe, and shall execute a bond to the Governor, and his 
successors in office, for the use of the State, in the penal 
sum of fifty thousand dollars, with good and sufficient 
security, to be approved by the Governor or the per- 
son administering the government, conditioned for the Pqj,j^jj_^ 
faithful discharge of the duties of his oflice, imposed upon 
him, or thereafter to be imposed upon him, by law; and 
for the faithful accounting for all moneys, that shall or may 
come into his hands as fund commissioner; and all vacan- 
cies which may occur in the board of fund commission- 
ers during the recess of the lesrislalure, shall be filled by 

1 ,t r^ 1 • I • , X v- II Vacancies in 

apponitment by the Governor, which appointments shall vjo^rd may be 

continue until the end of the next session of the general filled by gor, 
assembly, and until their successors are elected and quali- 

Q 



122 



INTERNAL IMPROVEMENTS. 



Majority of 
board may do 
business. 



To negotiate 
loans. 



Shall make 
quarterly re- 
ports to and or. 

Shall keep rec- 
ord of their pro- 
ceedings; shall 
be open to in 
spection . 



Appoint a sec- 
retary. 



Compensation 

of commis'ers 
&.fecretary. 



fied, and who shall give bond and take an oa:th in the 
same manner as is required bj the foregoing part of this 
section of other commissioners. 

Sbc. 2. A majority of the board of fund commissioners 
shall constitute a quorum for the transaction of business; 
avA it shall be the duty of the said board of fund commis- 
sioners to contract for and negotiate all loans author- 
ised to be effected by the legislature, on the faith and cred- 
it of the State, for objects of Internal Improvements or oth- 
er purposes, unless otherwise provided for, on the best 
and most fovorable terms for the interests of the State; 
and shall sign and execute bonds or certificates of stock 
therefor, in the manner directed by law, and shall receive, 
manage, deposite and apply all sums of moneys arising 
from said loans, in such manner as shall, from time to time, 
be provided for by law, and shall make quarterly reports 
to the auditor of public accounts, or to such other authority 
as the legislature may direct, on the first Mondays of March, 
June, September and Decenber annually, of all the pro- 
ceedings of the said board. 

Sec. 3. The board of fund commissioners shall keep a 
fair and complete record of all their proceedings, together 
with a fu!l, minute and accurate account of all their fiscal 
transactions as commissioners, with a record of all official 
letters and correspondence, written and received, in rela- 
tion to the subject of their duties as fund commissioners, 
in well bound books, to be provided for the purpose, which 
records shall at all times be open at their office to the in- 
spection of the governor, the auditor of public accounts, 
the attorney general, and to any member of the general 
assembly. In order to enable the board to keep said re- 
cord, they are hereby authorised to appoint a secretary of 
the board, whenever, in their opinion, the business of the 
board may render it necessary; which secretary, before 
entering upon the discharge of his duties, shall be requir- 
ed to take an oath or affirmation, faithfully and diligently 
to perform the duties of his appointment, and shall enter 
into bond to the governor of the State, and his successors 
in office, for the use of the State, in such penal sum, and 
with such securities as the board may, by an order direct, 
conditioned for the faithful and diligent discharge of his 
duties, as secretary of the board of fund commissioners, 
and for the safe keeping of all books, vouchers, and pa- 
pers, which may come to his hands as secretary as afore- 
said. The members of the board of fund commissioners 
shall each be entitled to receive as a full compensation for 
their services at the rate of five dollars per day, for each 
and every day they may be necessarily employed in the 
discharge of their duties. And the board may allow to 



INTERNAL IMPROVEMENT. 123 

the secretary of the board, such compensation for his ser- 
vices, as they may deem reasonable and just. 

Sec. 4. That for the purpose of promoting and main- g^j^,.^ ^^^ jj_ 
taining a general system of internal improvement in this lie works ciea 
stale, and of uniting its various branches under the same ^^^''^o consist 
supervision and direction, (excepting the construction of bei-g^^^VaTa^-' 
the Illinois and Michigan canal) there shall be created aciestobe filled 
board of public works, to consist of seven members, one ^y governor. 
from each judicial circuit, to be elected biennially by the 
joint vote of the general assembly, and who shall be styl- 
ed "the Board of Commissioners of Public Works," who 
shall continue in office for two years, and until their suc- 
cessors are elected and qualified, but who shall be eligible 
to be re-elected. Any vacancy which may occur in the 
board by death, refusal to act, resignation, removal out of 
the State or otherwise, shall be filled by an appointment 
by the Governor, which appointment shall expire at the 
end of the next session of the general assembly, and the 
incumbent thus appointed shall take the like oath of office, 
and enter into the like bond as is required of the mem- 
bers elected by the legislature, before he shall enter into 
the discharge of his duties as one of said commissioners. 

Sec. 5. Each of the members of the board of commis- 
sioners of public v/orks, previously to entering into the 
discharge of the duties of their offices respectively, shall Shall take an 
take and subscribe an oath or affirmation, faithfully, hon- oath and giva 
estly, impartially and diligently to discharge the duties of*^""''* 
his office; and shall execute a bond to the Governor and 
his successors in office, for the use of the State of Illinois, 
in the penal sum of twenty thousand dollars, with two or Penaltyof bond 
more good and sufficient securities to be approved of by 
the Governor, or person administering the government of 
the State, conditioned for the faithful, honest, impartial and 
diligent discharge of the duties of his office, as one of the Not to have 
commissionersoftheboardof commissioners of public works more than 
and for the faithful disbursement of, and accounting for, all P^'^^,^ul^^ 

... r • ^ • time, on nana. 

moneys entrusted to nim as one of said commissioners; 
and no commissioner shall be allowed to have in his hands, 
at any one time, more than twenty thousand dollars; and 
every sum advanced to, or received by him, shall be 
deemed to remain in his hands, until its application shall 
have been properly accounted for by the necessary vouch- 
ers, to be filed with, and audited by, the board of Fund 
commissioners, or such other authority as mz-.y be, from 
time to time, directed by the Legislature to examine and 
audit said vouchers. 

Sec. 6. The members of the said board of public works. Time of hold- 
after having been qualified, and having executed bonds in^'g^'^eh- first 
the manner hereinbefore directed, shall on, or as soon as atThr^a't of 



124 



INTERNAL IMPROVEMENT. 



government, convenient before the first Monday in April, next ensuing 
■hall elect one ^)^q[j. election, hold their first meeting at the seat of gov- 

of their number * j • ^i i i i i .• c /? - 

President. ernment and organize the board, by electing one oi their 
number to be the President of the said board; and by ap- 
pointing a Secretary of the board, who, before entering 
into the discharge of the duties of his appointment, shall 
take an oath or affirmation, faithfully and truly to dis- 
charge his duties as secretary of the board of commission- 
ers of public works; and shall enter into bond to the Gov- 
-. . ernor and his successors in office, for the use of the State, 

Becmaiy, shall in such penal sum and with such security as the board 
enter into bond, shall order and direct; conditioned for the faithful, true and 
diligent discharge of his duties as said secretary, which 
may devolve upon him bylaw, or under the directions, reso- 
lutions and orders of the board. 
Commissioner Sec. 7. The board of commissioners of public works, 
shall supenn- -^yj^^n organized and constituted as aforesaid, shall be au- 

tfinn SLxi works • ' 

authorized by thorized to locate, superintend, direct and construct on the 
State. part and behalf of this State, all works of Internal Im- 

provements which have been or shall be authorized to be 
undertaken, prosecuted, and constructed by the state, ei- 
ther in whole or in part, (excepting the Illinois and Michi- 
gan canal) and the charge and supcrintendance of all such 
internal improvements, excepting as aforesaid, shall be 
vested in said board, and the said board of commissioners 
of public works shall do and perform such services and 
duties, as may frofn time to time, be imposed upon the said 
board by law. The said board shall hold semi-annual 
meetings on the first Mondays of June and December in 
orgoveinment, each and every year, at the seat of government of this 
may choose a State; and the said board shall have authority to choose a 
president pro- prggjjjpj-,^ pj^Q tempore, in the absence of the President, at 
May adjourn ^^Y meeting of the board, and to adjourn from time to 
from time to time, to meet at any Other place they may think proper; 
time to meet at ^^^ ^j^g president shal! have power to call special meetings 
President ^shaU of the board, when in his opinion the public interests may 
have power to require it. Three of the members shall constitute a quo- 
call meetings. ^^^^^ f^^ j|^g transaction of business, at any stated or spe- 
cial meeting of the board, when convened under the au- 
thority aforesaid. Each of the members of the board shall 
Compensation \)q allowed to receive as a compensation for their services, 

*»f eoir) tvtnm- /•/•Til 1 /• 1 •! 

the sum of five dollars per day, lor every day necessarily 
employed in the discharge of their duties, and they shall 
and may allow to the secretary of the board as a compen- 
sation ibrhis services, such sum as theymay think reasonable 
and just. And the acting commissipner for the fourth ju- 
dicial circuit, shall cause to be surveyed a route commen- 
cing at Charleston, via the county seat of Clark county, 



Shall 1iold se- 
mi annual 
meetings at seat 



of said mem 
beri. 



Jiout to be sur 
veyed from 
Charleston to 
3Vabash river 



3n Clark county to the mofit eligible point on the great Wabash river, b«- 



INTERNAL IMPROVEMENTS. 125 

tween York and the line dividing the slates of Indiana and To report to 
Illinois, and make a report to the next session of the gen- the next Legis- 
eral assembly, of the utility of the state constructing a J^^^^'^fj^^^ ^'"'' 
rail road on said route, together with an estimate of the 
probable cost of constructing the same; Provided, how- 
ever, that if in the opinion of the board of public works, 
after said survey and estimates have been made, that it 
would be best calculated to promote the interests of the 
points above named, and the country through which said 
road may pass, to build a good turnpike road, then and in 
that case they shall report accordingly. 

Sec. 8. In the meetings of the board, they shall deter- ^'jaii deter- 
mine the general outline of the operations in relation to I^Jtifne^orop- 
such works of Internal Improvements as may be author- eiations. 
ized by law, and as either in part or in whole may be 
placed under their direction and supervision; determining 
questions of importance submitted to the board by the 
acting commissioners on the respective lines or works, or Shall examine 
by other persons connected with the public works, in re- ^'"^' ^""^'^ ^*^- 
lation thereto; and shall examine and audit accounts rela- 
ting to the expenditures of moneys on the works under Makeestimates 
their charge and supervision; make estimates of the pro- °^ i^^.*^i°^n°'^ 
bable amount of funds which may from time to time be re- tei'samea^t ^^'' 
quired to meet expenditures in the prosecution thereof, laige on their 
and shall enter said estimates at large in a book to be pro- books, shall 
Tided for that purpose; and cause authenticated copies thefJof°to'be 
thereof to be served on the board of fund commissioners, sent to fund 
ip due time to enable said fund commissioners to provide ^°"^™^^'°"^"' 
the necessary amount of funds to meet the payment of said 
estimates; — and shall also, at their said meetings, make 
out the reports of their proceedings, which shall be re- 
quired by law to be made and filed by them; and shall at- 
tend to such other matters and things, as shall arise in the 
discharge of their duties, and as are necessary to be pas- 
sed upon by the board. The board shall also, at any of 
their meetings, whenever the progress and situation of the To divide said 
works under their charge shall render it necessary, from "?\'^ among 
time to time, agree upon and assign to the individual mem- 
bers of the board, in special charge, a specific portion or 
division of the public works in progress, and the member 
to whom any such specific portion or division shall be as- 
signed, shall superintend the same as acting commissioner 
thereon, under the general direction and during the pleas- 
ure of the board; and shall make detailed reports to the 
board of his proceedings, at its semi annual meeting, and 
as much oftener as is practicable and convenient. 

Sec. 9. The board shall cause to be kept in well bound ^ggp lecoid of 
books to be provided for the purpose, a fair and complete pvoceodingi. 
recordof all the proceadings and doings of the board, and al- 



126 INTERNAL IMPROVEMENTS. 

iL^moimtof SO an accurate and separate account of all the moneys ex- 
money expend- ppj-jjg J bj them, in the survey and Construction ofcach 
rcspictive woric under tiieir direction; exhibiting also the 
amounts received by the board, and each and every mem- 
ber thereof, to be applied by them, on the respective 
J, . works under their dh-ection and supervision; which said 

be'open" tVex- books shall ut all times be open at the office of the board, 
aminatinii and to the inspection of the governor, auditor of public ac- 
inspection, counts, attorney general, members of the board of fund 
commissioners, and members of the general assembly, and 
to such other authorities as the legislature may, from time 
to time, authorise to inspect the same. 

Sec. 10. The said board of commissioners of public 
Shall ma!<e works shall make, under their hands, semi-annual reports 

seini-annual <- . i • i- ^ ii j • • j_ 

repwts. oi their proceedmgs to the governor, or person administer- 

ing the government, on the first Mondays in June and De- 
cember, or withtin thirty days thereafter, which reports 
shall contain a detailed statement of their operations and 
proceedings for the preceding six months, and shall exhib- 
it the amount of moneys received and expended by the 
board, in the examination and survey of routes and lo- 
cations of the public works, and in the prosecution and 
construction thereof, showing specifically the amount ex- 
nmoiint expen- P^'^^S'l on each respective work up to that date; which re- 
ded on each ports, or an outline thereof, the governor shall cause to be 
^'^'''^- forthwith published in some newspaper printed and pub- 

lished at the seat of Government; and shall cause all said 
Governor shall ^.^^.g ^^ |^,g f-jj^^ ^^ the office of the secretary of state: 

cause same to i -^ i ,i /• i ,- "i i 

be filed in s3c- and shall lay a certined copy tnereor belore the general 
retary's office, assembly, on the first week of their sessions or as soon 
thereafter as the same may be received by him. And if 
Shall lav the ^'^® ^^^"^ board shall at any time refuse or neglect to make 
same before the any semi-annual reports required by this act, or any oth- 
legisiature. gj. leports hereafter required by the the legislature to be 
„ , ^ . made, within the time specified for making the same, the 
to mnke said members of the said board so refusing or neglecting to 
reports, to be make such reports, shall forever thereafter be ineligible to 
ineligible to re- reelcction, and moreover shall be liable to impeachment for 
hie to impeach- misdemeanor in office: Provided, that if at any statedmect- 
ment. ing of the board, there should not be a quorum in attend- 

ance the minority met may make a report of the facts 
within their knowledge, relating to the progress of the 
works and the expenditures thereon; and the making of 
such report shall exonerate the said minority from the 
above penalties; and Provided, a/so, that if the absent mem- 
bers are detained from the meeting of the board by sick- 
ness, or other causes beyond their control, they also may 
May employ exonerate themselves from the above penalties by render* 
•ngineer»&c. ing to the legislature a satisfactory reason for their ab- 



INTERNAL IMPROVEMENTS. 127 

Sehce from the board, and failure to join in such report. 
Sec. 11. The said board of commissioners of public 
works, shall have power to employ such engineers, agents, 
superintendants and other assistants as the interests of 
the state shall in their opinion demand, to enable them to dis- 
charge the duties required of them by law; and to pay such 
engineers, agents, superintendants and assistants such sums 
as, in their opinion, may be a reasonable compensation for 
theservicesthey may perform, and to remove said officers at „ ,- 
pleasure: Provided, [hn.t the term of any appointments po;„tii,p„'ts of 
made by the board shall not extend more than sixty days said board not 
beyond the expiration of their own term of office ; and the ^° extend be- 

• 1 1 1 I 1 1 1 1 I • • I • yo'"' ^1X1} oaya 

said board shall also have authority to organise their corps afte. the expi- 
of engineers, by the appointment of principal or principals, laikn of their 
and subordinates, and assign to each their respective and ap- appo'n^ni^"'^' 
propriate charges and duties, in such manner as the said 
board may deem the interests of the State to demand; and 
shall also have authority to purchase and procure such 
mathematical and other instruments, camps, camp equip- 
age, stationary, supplies, teams, waggons and other appar- 
atus, and employ so many laborers and assistants as sliall 
be deemed necessary by them, to ensure the correct and 
efficient discharge of the duties of the engineering de- 
partment of the public works; and shall and may provide 
such offices in which to transact the business of the board 
and of the engineering department as they may deem the 
interest of the State to require. 

Sec. 12. The board of commissioners of public works 
shall cause such examinations and surveys to be made of ghaii caufe ex- 
the several rivers, which may from time to time be direct- amhiatiou and 
ed by law to be improved, to ascertain the nature and ex- siin> y of nveis 

•' . ' . ' , . . , . to be made, 

tent or the obstructions and impediments to the navijj;a- 
tion thereof, as shall be necessary to enable the board to 
determine upon and prosecute the most eligible and use- 
ful plans of making such improvements; and shall require 
estimates of the probable costs thereof, under the oath or 
affirmation of the engineer in charge of making the re- 
spective surveys and examinations; and shall also cause 
minute and accurate examinations and surveys to be 
made of the proposed routes of all rail roads and otbcr 
contemplated improvements which may from time to time 
be authorised by law, and placed under the charge, super- 
vision and direction of the board; and before placing any 
of the said works under contract, shall require of the en- 
gineer or engineers under whose direction and charge the 
said examinations and surveys were made and executed, re- Engineers shall 
spectively, a report of said examination and survey, attested report examina 
by the oath or affirmation of the said engineer or engineers, "°ofl'gf ^"g^i. 
describingparticularly the localities and nature of the routes cations'and es- 

Biates. 



12S 



INTERNAL IMPROVEMENTS. 



Proviso. 



Shall execute 
woiks by con- 
tract. 
Proviso. 



of the respective rail roads and other improTcments; the 
topography of the country over which it m^y pass; the 
facilities for obtaining materials for the construction of the 
work; with such other information as tlie engineer may 
deem to be useful and necessary; or which he may be re- 
quired to collect and report by an order of the board; 
which report shall he accompanied with plans and profiles 
of the route, and of the mechanical structures proposed to 
be constructed thereon; and specifications of the^^work to 
be executed; together with minute estimates of the prob- 
able cost thereof; which said reports shall be filed by the 
secretary of the board, and shall be open to the inspection 
of all perso' s desirous of obtaining concracts on the route, 
during office hours, under such regulations and restrictions 
as the board may adopt, to preserve the original documents 
from loss or injury. Provided^ That the board may exhibit 
manuscript or printed copies thereof, in lieu of the origi- 
nals. 

Sec. 13. The board of commissioners of public works 
shall execute the works Under their charge and supervi- 
sion by contract: Provided however, that whenever any job 
will not admit of such definite speciiicaticn as to enable 
contractors to make specific bids for the same, or when 
jobs arc too small and inconsiderable to justify the atten- 
tion of contractors, the board or acting commissioner on 
the line may cause the job to be accomplised by laborers 
to be employed and paid by the board or the acting com- 
missioner. 

Sec. 14. That so soon as any work, or portion or divi- 
sion thereof, sliall be ready to be placed under contractj 
the acting commissioner, to whose special charge and su- 
letting out con- vision the same shall have been assigned by the board, 
agreeably to the provisions of the eighth section of this act, 
shall give notice of the time and place of letting, by adver- 
tisements to be published in at least five nevfspapers prin- 
ted in this state, and in such other newspapers as the 
hoard may deem the interests of the state to demand, at 
least once in each week for five weeks next preceding the 
day of said lettings, which advertisements shall contain a 
brief description of the nature and amount of work which 
will be offered to contractors, and shall state the time 
within which fontractors will be required to commence 
and complete the work; with such other information as 
the board may deem advisable. The bids or proposals 
shall be sealed, and shall state a specific and definite price 
for the work to be performed, and shall be received by 
the acting commissioner on the work, on, or at anytime 
previous to the day of letting. The acting commissioner 
on the line, and at least one other member of the boards 



When acting 
corn's to give 
notice ol' time 
anfl place o. 



Sealed propo- 
sals. 



INTERNAL IMPROVEMENTS. 129 

together with the principal engineer in charge of the work, 
shallattend at the time and the place of theletting; and the 
said commissioners shall, at the hour of four o'clock in the 
afternoon of the said daj, close the further receipt of pro- 
posals, and immediately proceed to open, examine, and 
compare the several bids which shall have been made for 
each respective job of Avork proposed to be let; and shall Each job of 
let the same to the lowest responsible bidder or bidders Z°^t!^,tVfJ 

1 . Ill lowest res- 

therefor; Provided, That the said commissioners shall have ponsibie bidder 
authority to refuse any and all bids, which, in the opinion Pioviso. 
of said commissioners and principal engineer, may be 
deemed exorbitant; and shall and may proceed to re-ad- 
vertise and let the work so overbid, at such time and place 
as the board may think most advisable for the interests of 
the State. All bids and proposals for work, received by Bids shall bo 
any commissioner shall be retained, and handed over to ^^^'^^ "^^ ^^'^''^" 
the secretary of the board, who shall file and preserve the 
same. Proposals for contracts to furnish and deliver ma- 
terials for the construction of works, may be received in 
such manner, and upon such notice, as in the opinion of 
the board may be most expedient to promote the interests 
of the State; but all proposals for such service shall be re- 
ceived in writing and filed and preserved in like manner as 
proposals for the execution of work. Provided, That nego- Pioviso; 
tiationsand contracts for rail road iron, to be obtained from 
foreign countries, may be carried on and made in such 
manner as the board iva.y deem best calculated to advance 
the interests of the State. 

Sec. 15. All contracts shall be entered into, under such Under what 
conditions and reservations, to be expressed at large in '^°"'''''°"sand 
said contracts, as shall enable and fully authorize the board contmctTt'obe 
of commissioners of public works, to declare the same to entered into 
have been abandoned by the contractor or contractors, in 
all cases where the work shall not be fully commenced at 
the time and according to the terms of said contract; and 
also in cases whenever in the opinion of the acting coni- 
missioner and engineer in charge of the work, the con- 
tractor or contractors shall neglect or refuse to prosecute 
his contract with an assiduity and efficiency that shall 
give a reasonable assurance to the said commissioner and 
engineer of its uniform progress, and final completion, 
withinthe time specified in the said contract; or when in the 
opinion of the principal engineer, said contractor shall 
perform the work imperfectly, and shall refuse or neglect 
forthwith to remedy such imperfect performance; — and 
the job so declared to be abandoned may forthwith be re- 
let by the board, without the let, hindrance or disturbance 
of the former contractor or contractors, or of any person 
or persons claiming to act for or under him or them. Thfr 

R 



130 



INTERNAL IMPROVEMENTS. 



Sub-contract 
prohibited. 



How contracts 
to be signed & 
sealed. 



Copies to be 
furnished by 
Secretary. 



Estimates by 
engineers. 



Contractors 
kow paid . 



Copies of esti- 
timates trans- 
mitted, to be 
filed by Secre- 
tary. 



contracts shall also contain a provision, prohibiting the 
sub-contracting of jobs or any portion thereof, without 
the consent of the board, under the penalty of a forfeiture of 
contract, and of all retained per centage remaining unpaid 
thereon. 

Sec. 10. The contracts shall be signed and sealed by 
the acting commissioner on the work, for the time being, 
on the part and behalf of the board, and shall be binding 
on the State; and shall also be signed and sealed by the 
contractor or contractors; and triplicate copies thereof 
shall be thus executed. One of said copies shall be retained 
by the contractors; one shall be filed in the oilice of the 
Auditor of Public Accounts; and the other filed in the of- 
fice of the board of commissioners of public works, and 
recorded by the secretary of the board, in a book to be 
furnished for that purpose; and the said secretary shalF 
furnish the acting commissioner with copies of said con- 
tracts whenever thereunto required. 

Sec. 17. During the progress of the public works, fair 
and correct estimates of the probable amount of work aC' 
tually done by the contractors, on each respective job, 
shall be made by the engineer in charge of the work, or 
by an assistant assigned to that service, at stated periods, 
not exceeding two months asunder; and there shall be paid 
to the contractor, a sum not less than sixty-seven per cen- 
tum, nor mo.^e than eighty-five per centum on the amount 
of the work actually {performed, at the discretion of the 
acting commissioner on the work; and Ihe balance shall be 
retained as a security to the State for the faithful perfor- 
manceof the contract, until the full completion thereof, ac- 
cording to its terms; at which time the work shall be ac- 
cepted if done according to contract, and the balance in 
full shall be paid to said contractors; and the acting com- 
missioner, in making his decision as to the equitable pro- 
portion of the estimates to be retained as security for the 
State, shall be governed by the diligence and cfliciency of 
the contractors in the prosecution of their contracts; by 
the aggregate amount of per centum already retained, and 
by the probable risk of injury to the unfinished works, to 
be apprehended from freshets or other casualties, which 
risk shall rest with tlie contractors; and in the event of 
any contract being declared to be abandoned, for any of 
the causes mentioned in the fifteenth section of this act, 
all retained per centage on the amount of estimates, shall 
be forfeited to the use of the State. Copies of all esti- 
mates made during the progress of the work as above 
directed, shall be transmitted to the secretary of the board 
of commissioners of public works, to be by him filed and 
preserved for future use and reference. 



INTERNAL IMPROVEMENTS. 131 

Sec. 18. The said board of commissioners of public Board to adopt 
■works, is hereby authorized and required to adopt such measures to 

■ •■, ^ '■ i_i.j construct 101- 

measures as may be necessary to commence, construct and jo^^.j^g ,^01.^3; 
■complete within a reasonable length of time, the following 
works, viz: — 

First. The improvement of tlie navigation of the Great j^^^ Q^.^j^j-yy-j^. 
Wabash river, in that part of the same over which the bash river, 
states of Indiana and Illinois have concurrent jurisdiction, S'^'^'^j^'^'^' 
•for which improvement the sum of one hundred thousand 
dollars is hereby appropriated; which said appropriation 
the said board of public works are hereby authorised and 
required to expend in said improvements, in conjunction 
with the state of Indiana, in equal amounts and for like 
objects. And the said board of commissioners of public 
works are hereby authorised and empowered to co-oper- Board author- 
ate with the board of internal improvement of Indiana, or >sed to co-opei- 
with such other authority or authorities of said state as ana? '' 
are or may be put in charge of the expenditure of appro- 
priations made by the State of Indiana for the improve- 
ment of said river, in the survey and exammations of the 
obstructions to the navigation, and in the location, con- 
struction, completion and managementof all works at the 
joint and equal expense of both states, which by the joint 
-boards or other authorities aforesaid, may be deemed of 
the greatest utility, to render said river navigable at all 
stages of water, for steam and oilier boats, in that part 
of the said river above specified; and also in the disposition, 
use and management of the water powers created or ren- 
dered available by the construction of said works of im- 
provements. And the said board of commissioners of pub- 
He works are hereby authorised and cmpovvered to enter 
into an agreement and compact on the part of the State of Board may en- 
Illinois, with the board of internal improvement of the ter into coin- 
State of Indiana, or such other authority as said state has, ''''''' ^''^^ ^"'''- 

I • , "^ . ' ana . 

or may authorise and empower to enter into such agree- 
mentand compact on the part of said State of Indiana, for 
the joint and mutual co-operation of the two states, in the 
said survey, location, construction, completion and man-: 
xigement of ihe improvements and works hereby contem- 
plated; and for the joint a.nd mutual use and management 
of, and jurisdiction over all hydraulic power created 
or made available thereby; which said agreement and com- 
pact when ralihed by the governor of the State uf Indi- How compact 
ana, or by such other authority as the said State ofiatified. 
Indiana may authorise to' ratify the same, and make 
it binding on the said state, shall be valid and binding 
on the ytate of Illinois: Provided however, that if there proviso 
should be any incoherence between the laws of Indiana 
and of this state, as to the specific mode of advertising and 



132 INTERNAL IIMEPROVEMENTS- 

letting contracts, and of paying the estimates made during 
the progress of the work, it shall and may be lawful for 
the board of commissioners of public works to conform to 
the mode prescribed by the laws of Indiana, in so far 
as the improvement of the Wabash river alone may be 
concerned, until the discrepances aforesaid may be reme- 
died by legislative enactments, or by the contemplated com- 
pact aforesaid; any thnig in the fourteenth and seventeenth 
sections of this act to the contrary notwithstanding. And 
it is hereby made the duty of the ^covernor of this state to 
transmit to the governor of the State of Indiana, as soon 
as practicable after the passage of this act, a certified copy 
of the preceding part of this section thereof. 
2d. Illinois riv- Second. The improvement of the navigation of Illi- 
ei$100,OCO nois river, west of the third principal meridian, for which 
the sum of one hundred thousand dollars is hereby appro- 
priated; and it is hereby made the duty of the board of 
commissioners of public works to apply and expend 
the said appropriation in removing or overcoming the 
most formidable obstructions and barriers to the steam- 
boat navigation in the said river, and to adopt and prose- 
cute|such plans for said improvements, as in their best judg- 
rnents will be most beneficial and efiicient to render the 
said river navigable for steam and other boats at all stages 
of water therein, 
3d. Rock river, Third. The improvement of the navigation of Rock ri- 
f 100,000. ver, for which the sum of one hundred thousand dollars is 
hereby appropriated; and the board of commissioners of 
public works, shall apply and expend the said appropria- 
tion in removing or overcoming the most formidable ob- 
structions to the steam boat navigation in the said river; 
and shall commence their operations and expenditures, 
by removing or overcoming the obstructions of the above 
descriptions, which are nearest the mouth of the said river; 
and shall progress thence upstream with said improve- 
ments, so far as the said appropriation will extend; and the 
said board may adopt and execute such plans for said im- 
provements, as in their judgment will be best calculated 
to render the said river navigable for steam, keel and oth- 
er boats, of the description and dimensions, suited to said 
river in its course within the jurisdiction of this State; 
having due regard to the permanency of the structures 
they may erect, and to the greatest and most useful amount 
of water powers to be created or made available thereby, 
for the use of the State. 
4th. Kaskaskia Fourth. The improvement of the navigation of the 
riverto $50,- Kaskaskia river, for which the sum of fifty thousand dol- 
11^^^ "PP^'^P'^^'lars is hereby appropriated, and the said board of com- 
missioners of public works are hereby authorised and re- 



INTERNAL IMPROVEMENTS. 



133 



quired to apply and expend the said appropriation on the 
said river, on improvements adapted to steam boat, keel boat 
and flat boat navigation, and to commence the line of said 
improvements, at the obstruction to said navigation near- 
est the mouth of the river, and to progress upwards, giv- 
ing the low water channel in the said river, at the shoal- 
est places therein, a convenient and uniform depth for the 
uninterrupted passage of keel and flat boats, and of steam 
boats of such dimensions, as in the judgment of the board 
will be best adapted to the navigation of the said river, 
and shall also remove such timber obstructions to the nav- 
igation as may be deemed injurious or dangerous to the 
said navigation; and the said board, in adopting and execu- 
ting their plans for the said improvements, shall have a due 
regard to the greatest and most useful amount of water 
power, to be created or rendered thereby for the use of 
the State, as a proper and economical location and con- 
struction of the works will admit of. Provided^ said board 
of commissioners of public works shall equalize the ex- 
penditure of said fifty thousand dollars, as near as may be 
on all portions of said river, susceptible of improvement 
from its junction with the Mississippi, upwards, in renov- 
ing the obstructions from its channel, in making short cuts 
across the bends, and in clearing off the trees from the 
margin of the same. 

Fifth. The improvement of the navigation of the Little r,u t -..i w 

TTir 11- c 1-11 f t^P , 1,11 5th. Little Wa- 

VYabash river, for which the sum of fifty thousand dollars bash river to 
is hereby appropriated, and the said board of commission- which $50,000 
ers of public works are hereby authorised and empower- ^p^'^^°P"^'^'^" 
ed to expend and apply the said appropriation in the im- 
provement of the navigation of the said river, in such 
manner as they shall deem most advisable for the public 
good, to render tlie navigation thereof safe and practicable 
for steam, keel, and flat boats, and the said board shall 
have due regard to the greatest and most useful amount of 
water power to be created by the works they may erect for 
the improvement of the said river for the use of the State. 
And the said board of commissioners of public wori^s, in 
the construction of dams across any of the rivers afore- 
said, are hereby authorized to construct and keep in re- 
pair suitable chutes in the said dams, for the accommoda- 
tion of the ordinary flat boats, and others descending nav- 
igation in the rivers, whensoever, in their opinion, the costs 
and practicability of construction, and the interests of the 
State will justify the construction and maintenance 
thereof. 

Sixth. Two hundred and fifty thousand dollars of the 6th.^ ^^f^J^t^" 
first loans to be effected under the provisions of this act, ^^\-^[^^ $-250,- 
are hereby appropriated and shall be expended under the 000 appropria- 
ted. 



134 



INTERNAL IMPROVEMENTlS. 



directions of the board of commissioners of public works, 
on the great western mail route, leading from Vincennes to 
St. Louis as foilovvs, viz: Thirty thousand dollars on that 
part thereof lying between Vincennes and Lawrenceville 
embracing what is commonly called the "purgatory swamp." 
Fifteen thousand dollars on thcLritle Wabash river bottom, 
between the Big Muddy branch thereof and the main riv- 
er, at r?IcGavvley's bridge in Clay county. Thirty thous- 
and dollai's on that part of said road lying between the bluffs 
and the Missi-;sippi river in the county of St. Clair; and 
the residue of said appropriation shall be expended in 
bridging and repairing said mail route as equally as prac- 
ticable, on other parts thereof, and the said board of pub- 
lic works are authorised to erect and have kept, toll gates 
on any portion of said rouLe, on which the said appropria- 
tion may in part be expended, as they may deem proper, and 
establish such reasonable rates of toll thereon, as in their 
opinion will protect the rights of the State, and not be bur- 
thcnsome to the people. 
7th Rail road Seventh. A rail road from the city of Cairo at or near 
from the city of the confluence of the Ohio and Mississippi rivers, to some 
Cairo, to ter- point at or near the southern termination of the Illinois 
&Sch"cl.ai' and Mich-gan canal, via Vandalia, Shelbyville, Decatur 
$3,500,000. and liloomington, and from thence via Savannah to Gale- 
na: for the construction and completion of said rail road 
and appendages, the sum of three millions and five hun- 
dred thousand dollars is hereby appropriated. 
Cth. Rail road Eighth. A soutbern cross rail road from Alton to Mount 
from Alton to Garmel via Edwardsville, Carlyle, Salem, Fairfield and Al- 
^t. c :ii-mei, bion: and also a rail road from Alton to Shawneetovvn to 

at a rail loaa ' j i r -i ii -i i ^ 

from Alton to diverge irom tne aioresaia soumern cross-rail road at or 
Shawneetovvn, near Edwai'dsville, and thence from said diverging point 
$1,600,000. ^j,^ Lebanon in St. Clair county, Nashville in Washington 
county, Pinckncy ville in Perry county, Frankfort in Frank- 
lin county, and Equality in Gallatin county, for the con- 
struction and completion of which said rail roads and ap- 
pendages, the sum of one million and six hundred thous- 
and dollars are hereby appropriated. 
9th. Northern Ninth. The northern cross rail road fromQuincy on tho 
cross rail road Mississippi river, via Columbus and Clayton in Adams 
lnfiiana"stni^e " county, Mount Sterling in Schuyler county, Meredosia 
line, gi ,000,- and Jacksonville in Morgan county, Springfield in Sanga- 
OOO. jj^Qj^ county, Decatur in Macon county, Sidney in Cham- 

paign county, and Danville in Vermillion county, and thence 
to the State line, in the direction of La Fafayette, Indiana, 
which rail road shall cross the Sangamon river at some el- 
igible point below the north and south forks thereof, for 
the construction and completion of which said rail road 
and appendages, the sum of one million eight hundred and 
fifty thousand dollars is hereby appropriated exclusive of 



INTERNAL IMPROVEMENTS, I35 

the necessary sum for constructing a bridge over the Illi- 
nois river, to be appropriated whenever said bridge may 
be authorised by the legislature. 

Tenth. A branch of the central rail road, to commence 10th. A branch 
at some eligible point on said road where adircctlinc from °^.'^.^ central 
Hillsboro to Shelby villc would intersect the same, or with- comnience^at 
in one mile of the said point of intersection, and to run or as near said 
from thence via Sliclbyville in Shelby countv, (."harleslon ',?^^' «iierea 

• <^ 1 4 n • • T? ] / 1 ii * *i 'liiectlme from 

m Coles county, 1 ans m tdgar couniy, and thence to the fiiiiiboio' to 
State line in a general direction for Terre Haute Indiana, f-'heibyviiie 
for the construction of which said branch rail road, and j!°"''' ""^*'''s^'=' 
appendages, the sum of six hundred and fifty thousand dol- diana State line 
lars is hereby appropriated; and it shall be lawful for the §'650,000. 
"Alton, Wabash and Erie rail road company" incorpora- 
ted January IG, 1836, to connect the westerly end of their 
proposed rail road at its point of commencement on the 
central rail road, v/ith the said branch rail load, on such 
terms and condition? as is provided in this act, for making 
such connections; and the said company are hereby exoner- 
ated from all liability to construct so much of their proposed 
rail road as lies east of the central road. Provided, That said 
compan}' or corporators,- release to the State in the manner 
hereinafter provided, all claims under their charters, to 
construct said eastern end thereof, and also: 

Eleventh. A rail road from Peoria in Peoria county via Uth.P.aii road 
Canton in Fulton county, Macomb in McDonough county, f'O'" Peoria to 
Carthage in Plancock county, to Warsaw on the JMissis- Jqq'"^''' ^^^^' 
sippi river; for the construction of which said rail road 
and its appendages, the sum of seven hundred thousand 
dollars is hereby appropriated. 

Twelfth. A rail road from Lower Alton via Upper Al- J -th. Railroad 
ton, and Hillsboro to the central rail road, so as to inter- "'^";^^" 
sect the rail road from Terre Haute to the same, and the rail road $500 
sum of six hundred tiiousand dollars is hereby appropria- OCO. 
ted for the completion of the same. 

Thirteenth. A rail road from Belleville via Lebanon, to i3ih.Raii road 
intersect the rail road from Alton to IMount Carmel,at the ''™"' Ceiieviiie 
nearest and most eligible point on said road, and the sum 'oad'from AN 
of one hundred and fifty thousand dollars is hereby ap- ton to Mt. Car- 
propriated for the completion of the same. '"^i $150,000. 

Fourteenth. A rail road from Bloomington in McLean Mth. Rail road 

_i.Tiii' . •rF' ii'' Aj-T „ from Blooming- 

county, to Mackinaw town m lazewell county, to diverge j^^, ^^ Macki- 

a fork at said Mackinaw town: one branch or fork of said naw town 

rail road to run to the Illinois river and connect with the ^'^^^'^^''^.^^^J^'L 

TJ • J 1)1/ -1 1 X T> • 1 ^v ii fork,$.3o0,0U0. 

Peoria and Warsaw rail road, at Peoria; and the other "^ ' 
branch to run through Tremont to Pekin, for which the 
sum of three hundred and fifty thousand dollars is hereby 
appropriated. 

Fifteenth. There shall be appropriated the sum of two 15th. $200,000 



136 INTERNAL IMPROVEMENTS. 

appropriated hundrcd thousand dollars of the first moneys that shall be 
out of first mo- obtained under the provisions of this act, to be drawn by 
neys drawn to j-}^g several counties in a ratable proportion to the census 
furnished with a l^st made, through which no rail road" or canal is provided 
rail road or ca- to bc made at the expense or cost of the State of Illinois; 
"^'" which said money shall be expended in the improvement 

of roads, constructing bridges and other public works. 
Entire appro- ^^c. 19. Nothing contained in the Seventh, eighth, ninth 
priations not to tenth, and eleventh articles of the forgoing sections shall 
be expended be SO construcd as to authorize and render necessary thd 
uness i>ecessa-^^pgj^jjj.^jj^,g ^^^ ^j^^ whole of any of the said appropria- 
tions, on the respective works, for the construction of 
which the several appropriations are made, unless the 
whole amount shall be requisite to construct the same, in 
the general manner and according to the general plan 
specified in this act; and any surplus of any or either of 
the said appropriations not needed in the completion of 
the said several works and appendages thereof, including 
the necessary machines, and motive powers to put the 
same into full and complete operation, and fitted to accom^ 
modate the trade, transportation and travel thereupon; and 
the establishment of depots, store houses and other 
buildings, weighing machines, and other apparatus ne- 
cessary thereto, shall be deemed an unexpended balance 
of said .'>ppropriation, and be subject to future appropria- 
tion by the Legislature. 
Internal Im- *^BC, 20. That for the purposc of constructing the sev- 

provement fund eral works of internal improvement Contemplated by this 
how constituted ^ct, there shall be constituted a fund for internal improve- 
ments, which shall consist of all moneys which shall and 
may be raised by the sale of stocks or State bonds, or in any 
other manner by virtue of loans authorized by law; and of all 
appropriations which maybe made from time to time out of 
the revenue of the State arising from land taxes; and of 
all moneys arising and to be derived from the tolls and wa- 
ter, and other rents of all the said works of internal improve- 
ments; and of all rents, issues and profits arising from the 
lands purchased or entered by the State for the purpose of 
promoting and aiding in the construction and completion 
of said works, either by leasing or selling the same; and 
of the proceeds of all lands which may be donated by the 
general government in aid of internal improvements in this 
State; and of all grants or donations which may be re- 
ceived from individuals, companies, corporations, or the 
general government to aid in the completion of said works; 
and, also, all the profits and interests which may accrue 
from the said works,in any manner whatsoever, together with 
the balance, (after paying tlie debt due from the State, to 
the school, college, and seminary funds,) of the moneys to 



missioners. 



INTERNAL mPROVEMENTi^. Ig7 

be received from the Treasury of the United States under 
the provisions and operation of an art of Congress, provi- 
ding for a distribution of the surplus revenue of the Uni- 
ted States by depositing the same with the several States; 
vi^hich amount of said deposite so funded shall be charged 
to the said fund for internal improvement and repaid out 
of the same, when the said deposite shall be demanded by 
the general government; — and together with all nett pro- 
fits to arise from bank and other stocks hereafter to be sub- 
scribed for and owned by this State; — after liquidating the 
interest on loans contracted for the purchase of such bank 
or other stocks. 

Sec. 21. The board of fund commissioners are hereby Duty of board 
authorised and required on the part and behalf of this of fund com- 
State, to contract with any individual, company or corpora- 
tion at such time as the said board may find it necessary to 
meet the re-payment of the aforesaid deposite of the gen- 
eral government, or the payment of other legitimate de- 
mands upon the funds for iuternal improvements, and at 
such tunes as they may be advised by the board of com- 
missioners of public works, that the same will be needed in 
the purchase of lands or prosecution of the works under 
their charge, supervision or direction for a loan or loans, 
from time to time, in all not exceeding the sum of eight 
millions of dollars, on the faith of this State, which said 
loan or loans shall bear an interest not exceeding six per 
cent per annum, payable semi-annually at the treasury of 
this State, or at some bank or banks in the cities of Boston, 
New York or Philadelphia, as may be agreed upon, and 
the principal of which to be re-imbursable at the pleasure 
of the State, at any time after the first day of January, 
Anno Domini, one thousand eight hundred and seventy; 
and to be so negotiated, that the proceeds may be drawn 
for and bear interest at any time as early as practicable, 
when the board of fund commissioners may be advised by 
the board of commissioners of public works, that said mo- 
ney will be required for the progress of any of the works 
of Internal Improvements for the construction of which 
said funds arc appropriated by this act, and the said board 
of fund commissioners shall issue for said loans, transfera- 
ble certificates, to be denominated "Certificates of Illinois 
Internal Improvement Stock," in the name of the State of 
Illinois, which when signed by the members of the said 
board, or by a majority of them, and countersigned by 
the auditor of public accounts of this State, shall be valid 
and binding on this State; and to facilitate the purposes 
herein contemplated, the said board of fund commission- 
ers shall have power to make such arrangements relative 
to obt-aining the loans, the payment of interest thereon, 



138 INTERNAL IMPROYEMENTS. 

and the transmission and deposite of the money arising 
therefrom, as they may deem conducive to the best inter- 
ests of the State, as shall not be inconsistent with the pro- 
visions of this act, or of any subsequent act of the legisla- 
ture in relation thereto. 

Sec. 22. For the punctual payment of the interest and 
^,^',*°f ^'^'^ fifi^l redemption of the principal of all sums of money 

TllGClffGCi to I'C" • • 

pay principal which may be borrowed under the provisions of this act, 
& interest of there shall be and hereby are irrevocably pledged and ap- 
moncy bonw- propriated, all the interest and clainc of the State of Illi- 
nois in all the works of Internal Improvements, to the con- 
struction of which, either in whole or in part, the moneys 
loaned under the provisions of this act, shall have been 
appropriated and expended, together with all lands, wa- 
ters, and water powers thereunto appertaining, and the 
privileges thereby created, and the rents, issues and prof- 
its thereof, together with the nett proceeds of all tolls col- 
lected thereon, for the sufficiency of which to pay the in- 
terest and principal of the said loans, as the same shall be- 
come due and payable, the State of Illinois doth hereby 
irrevocably guarantee, and for which payments and re- 
demption well and truly to be made and effected, the faith 
of the State of Illinois is hereby irrevocbly pledged. 
Monies i^ceiv- ^'^^' 23. All moneys which may be received by the 
ed by fund coin- board of fund commissioners or either member thereof 
missioneistobe fj-Q^y^ the proceeds of loansor otherwise under theprovisions 
deposite in ^^.^ ^^ ^^^^ Subsequent act of the Legislature, as soon as 
conveniently may be after receipt of the same, be depo- 
sited by them in some safe bank or banks to be selected 
by the board of fund commissioners, and to be placed to 
the credit of the board of fund commissioners of the State 
of Illinois, and shall make such contracts with the said 
May contract bank or banks, for the reception and payment of the said 
with banks. dcposites on such terms and conditions, as will best tend to 
make the said sums as productive as practicable to the 
fund to which it may belong, and at the same time insure 
the prompt payment of all drafts which may become ne- 
cessary to be drawn by the board, to meet the expenditures 
on the public works in progress or for the purpose of pur- 
chasing lands, and for the paymcntof interest on loans; and 
upon the further condition to be expressed in the contract 
with the said bank or banks, that the Cashier or President 
thereof shall deliver or transmit by mail or otherwise to 
Statements to ^hc x\uditor of Public Accounts of this State, monthly 
be transmitted statements of the accounts of the said board of fund com- 
toAuiifor. missioners of Illinois, as the same shall stand upon the 
books of the bank, on the last day of every month; and it 

■r. . f A r is hereby made the daty of the said Auditor of Public Ac- 
Duty ol Audi J . r, ■ 1 . , i • !_ • /c J 

tor. counis to receive and hic said statements m his oinoe, ana 



INTERNAL IMPROVEMENTS. 139 

to give notice to any of said deposite banks, of the failure 
to receive from the said banks any of the said monthly state- 
ments v^henever delayed beyond a reasonable period, and 
in order to enable the said Auditor to discharge said du- 
ties, the board of fund commissioners shall notify the Au- 
ditor of Public Accounts whenever the said board shall 
open an account with any bank under the provisions of 
this section and also of the time of closing any such ac- 
counts. 

Sec. 24. The board of commissioners of public works Duty of board 
shall furnish the acting commissioners on the respective °^ P"'^^"^^^°^''* 
lines of the public worlrs, with the necessary funds to pro- 
secute the works under their charge, and supervision, res- 
pectively, and for that purpose shall give drafts from time S'haii give 
to time, on the board of fund commissioners, signed by the f^^'^^"^- 
President, or President pro tempore, for the time being, 
and countersigned by the Secretary of the board, payable 
to the order of the said acting commissioner, and specifying 
on the face of said draft, the particular work to which the 
amount thereof is to be applied, which said drafts, when 
endorsed by the said actmg commissioner in his official ca- 
pacity, shall be paid by the board of fund commissioners, 
subject, however, to the provisions and restrictions con- 
tained in the fifth section of this act; and also under such 
other rules, regulations and restrictions, as the said board 
of fund commissioners may deem necessary for its securi- 
ty and proper application: Provided, That whenever itpjo^jgo 
iWy be necessary to pay any contractor or other person, 
Company or corporation, a large sum of money for work 
performed, materials furnished, lands purchased,or for other 
legitimate purposes, for carrying into effect the objects of 
this act, said payments may be made directly to such per- 
sons, companies, or corporations, by a draft drawn on the 
board of fund commissioners, payable to the person, com- 
pany or corporation entitled to receive the same, which 
draft shall be signed by the President or President pro 
tempore, of the board of comm.issioners of public works, 
and by at least one, and by as many other commissioners 
as there are amounts of twenty thousand dollars, included 
in the amount of said draft, and sha.!i be countersigned by 
the secretary of the board, which draft shall specify the 
objects for which it is drawn, and to the particular work, 
to the account of which it is to be charged; and shall be 
paid by the said board of fund commissioners, on presen- 
tation to said board, under such regulations as they may 
establish far the payment of such special drafts; and the 
amounts of the last description of drafts shall not be 
deemed by the board of fund commissioners to be remain- 
ing in the hands of the commissioners of public v;ork«. 



140 



INTERNAL IMPROVEMENTS. 



Expenditures 
hoiv made. 



Railroads — 
where te be 
eominenced. 



Proviso. 



Board of Pub- 
lic works when 
to put works in 
oj)eration. 



Bald board to 
receive grants 
&, releases of 
land, &c. 



signing the same, in contemplation of the said fifth section 
of this act. 

Sec. 25. The board of commissioners of public works 
shall cause all moneys coming to their hands, or to the 
hands of the respective acting commissioners, to be ex- 
pended in the most economical manner on the works of 
Internal Improvements, authorised by law, and placed un- 
der their charge and supervision, and on none others, nor for 
any other objects excepting such as are specified in this act; 
at such times and places and in such sums as they may deem 
most judicious and conducive to the general public good; 
having in view a prudential distribution of the available labor 
of the State, over and upon all the various works author- 
ised to be constructed, as shall tend in as small a degree as 
possible to increase the prices of labor and provisions, be- 
yond a reasonable amount, in any one section of the 
State; and having also in view a fair and equitable uni- 
form progress of all of the said works, at the same period 
of time. And it shall be the duty of the said board of 
commissioners of public works, to commence the differ- 
ent portions of the rail roads at their intersection and 
connection with navigable streams, and to progiess from 
said streams, in both directions, in oi'der that the roads 
may become productive of revenue, as early as possible, 
Provided,Th.at nothing herein contained shall be so constru- 
ed, as to prevent the said commissioners from prosecuting 
and putting into operation any portions of the said rail 
roads, in the interior and remote from navigable water 
courses, whenever they may deem the interest of the State 
to demand it, and particularly in both < irections from im- 
portant trading towns on their routes. 

Sec. 26. The said board of commissioners of public 
works are hereby authorised and empowered, so soon a» 
any portions of the said public works shall be so far com- 
pleted as to be capable of use, to provide the requisite ma- 
chines and motive power to put the same into operation, 
under such rules and regulations as the said board may 
think expedient to adopt; and to establish such tolls, and 
to adopt such measures to secure the faithful collection and 
payment thereof to the board of fund commissioners, as 
they may deem most advisable, to promote the objects in- 
tended by this act. 

Sec. 27. It is hereby made the express duty of the boardf 
of commissioners of public works, by one or more of its 
members, to proceed in early and due time, along the lines 
of the several rail roads and other works herein authoris- 
ed to be constructed, and take from the several individuals, 
companies and corporations, through whose lands the said 
contemplated works may probably pass, or which may be 



INTERNAL IMPROVEMENTS. l4l 

contiguous to the routes thereof, grants and releases to 
the State, of the necessary land, timbei', stone, and oth- 
er materials necessary for the purpose of constructing 
any or all of said works, or for maintaining and repairing 
the same, and also for building ground for the construc- 
tion of mills or other hydraulic machinery, to be propell- 
ed by the water powers created by said works; and also, 
for the purpose of erecting ware-houses, engine houses, 
work shops, and other necessary buildings; and also such 
plats of ground as shall be deemed necessaiy for depots 
and stopping stages, at the ends and along the routes of 
the said rail ways; and also all such sites for dams and 
locks, and other works to be by them erected, under the 
provisions of this act; and also to enter and purchase in To purchase 
the name and on behalf of the State of Illinois, any lands a"d enter lands 
belonging to the general government, or to individuals, 
companies, or corporations, which will or probably may 
be necessary for any of the purposes above mentioned. — 
Releases and conveyances shall be taken in the name of Releases and 
the State of Illinois, and shall operate to vest in the said be"taken^*in ° 
State a full and complete right to enter upon, use and take name of State. 
the said lands, materials and privileges thereby granted, at 
any and all times thereafter. 

Sec. 28. It shall be lawful for the board of commission- Board of Pub- 
ers of public works, and each of the members thereof, by e,^tcr upon^and 
themselves or by any superintendant, agent or engineer, take lands. 
employed by them, to enter upon and take possession of, 
and use all and singular any lands, streams and materials 
of any and every description, for the location, prosecution 
and completion of the improvements contemplated by this 
act; and all plats of land as shall be necessary for the con- 
venient and profitable use of water powers created there- 
by, and for the location of depots and stopping stages, at 
the ends and along the route of any line of rail road; and 
for the purpose of constructing any bridge, dam, lock, ca- 
nal, side cut or other river improvement, and upon which to 
erect such and so many lock houses, ware-houses, engine 
houses, work shops, and other buildings, as shall be neces- 
sary to carry into full effect the objects contemplated by 
this act; whenever, and in all cases, any of the aforesaid 
lands or privileges cannot be obtained by the voluntary 
grant or release of the owner or owners thereof, avoiding in 
all cases unnecessary damageand injury to private property. 

Sec. 29. That when any person or persons, company or 
corporation, whose lands, waters, or materials, shall have Kedress and re- 
been taken and used in the manner and for any of the pur- py^/^gj'jg'j"? *^ 
poses mentioned in the foregoing section, shall feel ag- by taking their 
grieved by the taking and using the same, for the use of the i^^nds, &.c. 
State, by the said board of commissioners of public works, 



142 INTERNAL IMPROVEMENTS. 

the owner or owners of said property shall have redress 
and remuneration for the injury or supposed injury, in the 
manner prescribed, and under the provisions of an act en- 
titled "an act concerning the right of way, and for other 
Proviso purposes," approved February 28th 1833, Provided, That 

the justice of the peace summoning the householders to 
act as appraisers in the case, shall choose the said house- 
holders with a view to their capacity and integrity, and 
who shall not be directly or indirectly interested in the re- 
sult of the decision to be made by them, and who shall in 
addition to the oath required to be administered to them, 
by the said recited act, swear or affirm that they are not 
interested either directly or indirectly in the lands or other 
property in controversy, nor in any other lands, waters, or 
materialsjlikely to be required by the State, in the construc- 
tion of any of the public works authorized to be constructed, 
and that they have not any present intention of becoming so 
interested; and the damages to be fixed and awarded by 
the said householders, shall be paid by the board of com- 
missioners of public works, to the owner or owners of the 
property so taken, or to their legal representatives, which 
decision and payment of damages, shall operate to vest in 
the State of Illinois, all such lands, waters, privileges, and 
ynaterials, as fully and to all intents and purposes, as if the 
same had been granted or released to the State by the 
owner or owners of said property; Provided, That cither 
Fuitherpioviso party may take an appeal from the said decision before 
the justice of the peace, to the circuit court of the judi- 
cial circuit in which the lands or other property may be 
situated, within such time, and in such manner and form, 
as near as may be, as shall be allowed by law in other ca- 
ses before justices of the peace, and the said justice shall 
recognize any member of the board of public works, or 
any agent, superintendent, or engineer, employed by the 
said board, and who may appear in the case on the part of 
the State, as the party authorised to act in the case for 
the State, and no appeal bond shall be required to be filed, 
by the person so authorized to appear and act for the 
State, on any such appeal to be applied for by them, any 
law or practice to the contrary notwithstanding. And in no 
case shall the pendency of any petition, suit, or appeal, be- 
tween the State and the said owner of property, operate 
to delay or hinder the progress and completion of any of 
the works authorized by this act. 
How Board of Sec. 30. That whenever any lands, waters, privileges or 
Public Works materials necessary to be taken and used for the construc- 
whenTand^&c.*^°^*^'^ ^^^ ^^ ^^^ aforcsaid works, shall belong to minors, 
belong tomin-feme coverts, persons who are non compos mentis, or non 
ors, feme for- residents of the State, it shall and may bo lawful for the 



INTERNAL IMPROVEMENTS. I43 

board of commissioners of public works, or any member erts, or persons 
thereof to file a petition in the office of the clerk of the ""^^ compos 
circuit court of the county in which said lands or other '"^"'**' 
property may lie, stating all the facts in the case, as are 
within the knowledge of the petitioner, and describing the 
land, waters, privileges, and materials, which it has be- 
come necessary to take and use for the State, in the con- 
struction of any work, and the said circuit court, setting 
and acting as a court of chancery, shall make such orders 
in the case, and make and enforce the execution of such 
decrees in the premises as shall appear to said court, up- 
on a full hearing of the facts of the case, to be just and 
equitable, being governed in its decisions by the principles 
for valuation laid down in the act concerning right of 
way, cited in the foregoing section of this act. 

Sec. 31. The said board of commissioners of public Said Board re- 
works, are hereby authorized and required to enter and quired to enter 
purchase for and on behalf of the State of Illinois, any J^ GeSco^. 
lands belonging to the general government, and lying with- vernment. 
in five miles of the probable route of any of the public 
works, which in the opinion of any two members of the 
board, may be deemed valuable, and the value of which 
will in their opinion be materially enhanced by the con- 
struction and completion of the said works contiguous 
thereto; Provided,Tha.t any tract of unentered land not ex- Proviso. 
ceeding one hundred and sixty acres, upon which an ac- 
tual settler may reside, shall not be entered by the said 
board, unless the occupant shall consent to such entry. 

Sec. 32. All deeds, grants, releases, certificates of the Deed?, grants, 
entries of government lands, and other vouchers relating ^^- *" '^^ ^''■^^• 
to lands, released, purchased, or taken for the State, shall 
be filed in the office of the auditor of public accounts, and 
shall be by him recorded in a book to be provided for that 
special purpose, and an alphabetical list of the said vouch- 
ers shall be kept in the said book, for the convenience of 
reference. 

Sec. 33. The location of all the rail roads authorised Location of 
by this act, shall be made with a view of occupying the Rarnoadstoi* 
most direct and eligible route between the several points |;'^^^°'\"j°^gj;|]| 
named for their commencement and termination, and be- bie route, 
tween such intermediate points as are specified, adopting in 
all cases such plan and profile for the respective roads, as 
will be productive of the greatest useful effect in their op- 
eration as the nature of the country over which they pass, 
and an economical construction will admit of, Prozidcd, 
That in cases where any county or other important trading Proviso 
town, cannot be reached with the main line of rail road, by 
a judicious and economical location, it shall and may be 
lawful for the board of commissioners of public works to 



144 INTERNAL IMPROVEMENTS. 

construct a lateral branch of the said main line to the"said 
town calculated for a single track only, when the distance 
to said town from the main line shall not exceed five miles, 
if in the opinion of the board the interests of the_ State 
will not be compromised or injured thereby. 
With what Sec. 34. The location of the several roads which inter- 
J.i^^^^ Jj^'^'^'ca- sect the navigable rivers, shall be made with a view of 
whkh°mterse'ct crossing the valleys thereof, without the aid of stationary 
navigable ij vers power wherever practicable, and also with the further 
shall be made, yiew of combining the aforesaid character of the line 
with that of commanding a favorable and eligible site for 
Pioviso. the construction of bridges over the said rivers. Provided^ 

That the construction of bridges over the Illinois'and 
Great Wabash rivers shall be dispensed with by the board 
until specially authorised by the legislature; and if it 
should be found impracticable to locate any rail road over 
the valleys of the Illinois and Wabash rivers, w^ithout re- 
sorting to inclined planes to be overcome hy stationary 
power, the said inclined planes shall also be dispensed 
with by the board, and the depot made at the summit, un- 
, til the action of the legislature can be had upon the sub- 
ject. Provided also^ That if said rail roads intersecting any 
navigable stream shall be ready for 'use, before any 
bridge over the same shall be completed, it shall be lawful 
for the board to procure and keep in operation the neces- 
sary ferry boats and apparatus to transport the trade and 
travel across said river until the said ferry shall be superse- 
ded by the completion of the bridge over the same; and 
for the purpose of establishing and keeping in operation 
the said ferries, the board arc hereby authorised and re- 
quired, to procure the necessary plots of land on either 
side of any river, by release, purchase or otherwise, as is 
hereinbefore provided for procuring lands for other pur- 
poses, to carry into effect the objects of this act. 
Width of road- Sec. 35. The road bcd formation and bridges'shall, in 
Sd £!5es!°"' ^^^ c^s^^ ^^ ^^^^ o^ sufficient width to admit of'^the con- 
struction of a single track rail way thereupon, and all the 
bridges over streams exceeding eighty feet wide from bank 
to bank, shall have sufficient extra width to admit of the 
safe passage of the common road wagons, and the embank- 
ments and excavations at the end of said bridges shall be 
accommodated to the passage thereof, unless, in the opin- 
ion of the board of commissioners of public works, this 
plan may be dispensed with in special cases without prej- 
udice to the public good, whenever it may be inconvenient 
and expensive to procure suitable building stone for the 
construction of bridge abutments, culverts or other 
structures, durable and well selected timber may be substi- 
tuted therefor, with the ultimate view of replacing the 



INTERNAL IMPROVEMENTS. 145 

same with stone, to be transported on the rail ways when 
completed, at any time when the necessity of the case may 

require it. 

Sec. 36. One triifct only of the ^aid rail ways with the ^"f t''^<=i' °«b->. 

. 1 • I .1 . .1 • , and necessary 

necessary turnouts and side tracks at the convenient tum-outs to ba 
points for stopping stages and depots along the lines not made. 
less than five miles nor more than fifteen miles asunder and 
also at the intersection of navigable rivers, and at the com- 
mencing and terminating points of the several lines of rail 
roads, shall be laid down, until in the opinion of the Le- 
gislature the exigencies of the trade on any route and the 
public good may demand the construction of the additioh- 
al track. 

Sec. 37. The tracks of all the rail ways td be con- Width of track, 
structedin this State, shall be made of one uniform width; 
which width shall be four feet and eight inches in the 
clear. Provided, That if any agreement or understanding ProvJso. 
shall hereafter be entered into between this and any other 
or all of the western states and territories, to provide for 
5t uniform width of rail way tracks therein, the board of 
commissioners Qi public works shall conform thereto, Further proviso 
Provided^TA\& same shall not be less than four feet and six 
inches. 

Sec 38. The superstructures of all the rail v/ays to be 
laid down on all the rofids authorized by this act, shall be 
laid upon a wooden or stone foundation, or both, as may ^^^ eistuctu e 
be most convenient and economical; and shall be made ofraiiwayg. 
of hard and durable timber, or with stone and timber com- 
bined, where stone of a suitable quality can be found con- 
venient to the line, as in the judgment of the board of pub- 
lic works, is most economical and expedient, and the rails 
shall be plated with iron, not less than five eights of an inch 
in thickness, (excepting lateral branches) before cars shall 
be permitted to run upon the rail ways; and the whole 
of the main lines shall be of suflicient strength and solidi- 
ty to admit of the successful application of steam power 
upon the said rail ways. 

Sec. 39. The board of commissioners of public works Puniier Hutios 
shall adopt such plans and elevations for all bridges over °f ^°'*''^ °* 
navigable streams, as shall not obstruct the ordinary navi- f„"„''Jern;,^°^^^ 
gation thereof; and shall construct and provide safe, con- bridges, Ate 
venient and suitable crossings over all rail roads, for all 
public roads and highways laid out prior to the location of 
the said rail roads, which shall intersect the said rail roads. 
Provided^^ That tboy shall have power to change the speci- Proviso- 
tic location of any such road or highway, in that part 
thereof contiguous to the route of said rail road, in order 
to command the most eligible and economical site for 
making ^aid crossing; and, Provided also, That such Furtim provm 



l46 lKTli]ftNAL IMPROVEMENTS. 

change of location shall not matftiially increase the length 
of said travelled road or highway, or prejudice the useful- 
ness thereof; and shall also construct and provide crossings 
for private roads and farmwajs, at such suitable and con- 
venient points as will be least expensive to the State, and 
least injurious to the rail way, and at the same time accom- 
modate as generally as practicable, the neighborhood or 
individuals intended to be accomnnodated thereby. In or- 
der to provide against the expense and injury arising from 
an unnecessary number of road crossings over rail roads, 
all public and private roads to be laid out, after the loca- 
tion of any rail road route, and whicii shall intersect the 
same, shall, whenever the public interests will not be es- 
sentially prejudiced thereby, be located and directed to 
some former established crossing, or to some regular stop- 
ping stage and depot on the line of the rail rcaJ. 
Persons injur- Sec. 40. That if any person shall wilfully^ wttingly, 
liable'!"''* *^°''' ^''"^ maliciously, or negligently, obstruct any rail' road iii 
this State, by throwing or placing upon the track of any 
Said rail road, any material or thing calculated to injure 
any engine, car, or vehicle, running thereon or to throw 
the same from the track of said rail road or shall otherwise 
obstruct or injure any railroad or any engine, viaduct, car, 
bridge or otlier appendage thereof, in any manner what- 
soever, or shall ride, drive or lead, any beast, wagon, or 
other vehicle across any railroad, excepting upon the road 
crossings provided for thatpurposc, every person so offend' 
ing shall be deemed to be guilty of a misdemeanor, and 
upon conviction thereof shall be lined in any sum not ex- 
ceeding one thousand dollars, or imprisoned any term not 
exceeding five years or both at the discretion of the court 
before whom the coDviction may be had. 
Balls to he at- ^^^' ^l* Every locomotive engine, passing upon any rail 
tacteti to en- road, shall have attached to the same a bell of not less than 
gines. tvi^enty-five pounds weight, and the said bell shall always 

be rung at the distance of at least sixty rods from the place 
where said rail road crosses any other rail road, turnpike 
road, highway or public road, upon the same level with 
the said rail road, and shall be kept ringing until the en- 
gine and its train shall have crossed the said road or way. 
Boards with ji • ^^c- 42. There shall be boards conspicuously put up, 
scHptioia. 'and constantly maintained, across each turnpike road and 
highway, crossing any rail roads upon the same level 
therewith, in such a position as can be easily seen by trav- 
ellers, and without obstructing the travel; and on each 
side of the said boards shall be printed in plain and legible 
capital letters, of at least the size of nine inches each;"*-- 

haii^road crossing; look out for the 
^ engine while the bell rings. 



INTERNAL IMPROVEMENTS. 147 

Sec. 43. The board of commissioners of public works Boaid of Public 
are hereby authorised and empowered to adopt and en- ^^"ii^s *'"P<»^*" 

r n "^ ■ , J- 11 1 1 1 1 X- ereil to adopt 

force, from tmic to time, all such rules and regulations as^^d enforce 
they may deem necessary and expe lent, for the purpose rules and regu- 
of carrying into full effect the objects of this act, and to '**•'"'*• 
provide for the security and successful management and 
opei'ation of the public works authorised hereby; and in 
the absence of legislative enactments, to fix and establish 
the rates of toll to be collected thereupon, and provide for 
the faithful collection thereof, and for the payment of the 
amounts collected to the Board of Fund Commissioners; 
which rules and regulations, and rates of tolls, shall be 
pnblished, and printed copies thereof kept up, publicly 
exhibited along the several lines of the public works, 
wherever their observance is required; and any person 
knowingly, wilfully, and maliciously offending against the 
said rules and regulations, or refusing or evading to pay 
the established toils, shall be deemed guilty of a misde- 
meanor, and on conviction thereof shall be fined or impri* 
soned by the court before whom the conviction may be 
had; Provided^ that the fine shall not exceed fifty dollars, ^'■°^''^°' 
and the imprisonment six months, unless the offence shall 
be deemed by the court to come within the purview of the 
fortieth section of this act, when the penalties therein prC' 
scribed may be inflicted by the court; And Provided also, FurtherFoviw 
that no conviction under this act shall be deemed to ex- 
empt the offender from the payment of all damages which 
may have accrued to the public and private property, iri 
consequence of the commission of any such offences. 

Sec, 44. For the purpose of guarding against accidents litempeiate 
and for the greater security of lives and property on I'ail be eimlloyed"^ 
roads in this State, no person shall be employed in the situ- 
ation and capacity of engineer and conductor of locomo- 
live engines, or of superintendent of the transportation 
thereon, who is habitually intemperate. 

Sec. 45. It shall be lawful for any individual, company o<hev works 
or corporation, to connect any branch or other rail road may be con- 
with the roa4s hereby authorised to be constructed, at "*<='*'* '^l'^ 

,., , •', ,, T- ^' State works. 

such points, and upon such reasonable conditions, to pro- 
tect the rights of the State, as the board of commissioners 
of public works may deem to be just and right, Provided, Proviso.. 
That the tracks of all such branch or other rail ways, shall 
be of the precise width of the rail ways of the State; and 
the construction of the wheels of the cars in use on ^aid 
branch or other rail ways, and designed to pass off upon 
the State rail roads and run thereon, shall be of such a 
model as shall not materially injure the State rail-roads;- 
and provided also, thdit the engines, cars, and coaches,, pass- Further pmvigo 
sing from the said lateral to the State rail-roads, shall be 



14^ INTERNAL IMPROVEMENTS. 

subject to and conducted while on the said State rail roads, 
by the rules and regulations adopted by the board for that 
pose. 
Board »f Public Sec. 46. Whenever in the opinion of the board of corn- 
Works may missioncrs of public works there shall or may be surplus 
pmver'^^'"''^ water, over and above the quantity required for navigation 
at any dam, lock or other work constructed at the expense 
of this State, cither in whole or in part, the said board 
are hereby a,uthorised and empowered to lease the water 
power, produced by said surplus water, together with the 
necessary plats of grounds upon which to erect hydraulic 
machinery, to be propelled thereby, to the highest bidder 
therefor, under such conditions and restrictions as a ma- 
jority of a full board of commissioners may deem necessa^ 
ry and proper for the interests of the State; but no water 
power shall be leased by the board unless the ground up- 
on which the same is proposed to be used, shall te the 
property of the State, unless otherwise specially provided 
tor by the Legislature. 
Officers not to ^Ec. 47. For the purpose of securing the confidence oi" 
purchase lanris. the pcoplc in thc honcsty and integrity of the officers and 
engineers concerned in the public works, and to protect 
said oiRcers and engineers from imputations of malfea- 
sance in the disciiargc of their respective duties, it shall 
not be lawful for either member of thc board of public 
works, or for any engineer concerned in the recognizance, 
examination or location of any of the public works au- 
thorised by this act, oj hereafter to be authorized by law, 
after thc date of their election or appointment, to pur- 
chase, or in any wise become interested, either directly or 
indirectly,m^any lands, tenements, or real estate, lying with- 
in five miles of the routes or probable routes of any of 
the rail roads authorised by this act, or within one mile of 
the proposed location of any dams, or locks, by which 
water power will be created, until the permanent location 
of any such works, shall have been definitelj^ fixed and es- 
tablished by the board of public vrorks, and the said estab- 
lished location shall have been marked out on the ground 
and made fully public; nor shall any contingent contract, 
bargain or understanding be made in the premises, for any 
such lands or real estate by vihich the provisions and pro- 
Gommissionevs hibitions contained in this section may be evaded, or intcn- 
and engineers (j^^j ^q ]yQ evaded, by any such commissioner or engineer: 
Ihings secret?'" And it shall bc the express duty of the said commissioners 
and engineers, (to the observance and discharge of which 
each engineer shall be sworn or affirmed before entering 
into the discharge of any of the duties of his appoint- 
ment,) to keep secret, for the interests and advantage of 
the State, all inforniation which h^ ov they may become 



INTERNAL IMPROVEMENTS. 149 

possessed of in the discharge of their respective duties, re- 
lating to all lands which may be necessary and useful for 
the State to become possessed of; either by entry or par- 
chase, for the use of the works, or otherwise to aid in theii" 
construction, and to enter and purchase the same for the 
State, under the authority of this act, or any subsequent 
act or resolution of the general assembly authorising the 
same; or to give the necessary notice to the board of pub- 
lic works or to some member thereof, that the said lands 
may be so entered or purchased; and shall not^ either di- 
rectly or indirectly, give any such information to any 
other person or persons whatsoever: And if any member 
of the board of commissioners of public works, or engi- 
neer, shall be guilty of a violation of any of the provis-^ 
ions of this section of this act, he shall be deemed guilt;;^' 
of a misdemeanor, and upon conviction thereof bcforci 
any court of competent jurisdiction, shall be fined in any- 
sum not exceeding five thousand dollars; one half to be 
paid to the person who may inform thereof and prosecute 
to conviction, and the other half to be paid to the fund for 
internal improvements; and said conviction shall amount 
to a removal from his office or appointment as the case 
may be, and the ofifender shall forever thereafter be inca- 
pable of holding any oihce or appointment in this State: 
Provided^ That nothing herein contained shall be so con- Pioviso. 
strued as to prevent any commissioner or engineer, from 
purchasing or leasing for a term of years a residence along 
any of the lines of the public works on which they are en- 
gaged, if the same be done in good faith, for the purpose 
of a residence alone, and not with any intention of evading 
the provisions of this section; — nor shall it be so construed 
as to prevent purchasers of town property in any town^ 
to which the respective rail routes are permanently lixed 
by law, and the location of which said road at said point, 
is in nowise left to the discretion of the board of com- 
missioners of public works; And provided, That such j.^|^.jj^p^ ^^..^^ 
purchases of town property shall not be situated on the 
immediate line of the said rail road. 

Sec. 48. The said t)oard of commissioners of public works 
or any member thereof, are hereby authoiized, ^nd ^^^^^^ ^^.p^ij^j.^ 
required to prosecute and defend all suits for dama- Works to pio- 
ges done to the public works, or trespass on the lands of -^ecme and de- 
the State, entered or purchased, or otherwise acquired for ''"'^" ^""*' 
the use of said works, or in aid of their construction for 
the use of the State, in any court of record having cogni- 
zance thereof; and to proceed in all matters and things as 
an individual might do; and such damages, when collected, 
shall be paid over to the board of fund commissioners; and 
,-^11 acts in force in this State, in relation to trespass upon 



150 INTERNAL IMPROVEMENTS. 

lands, hy cutting timber or otherwise, shall be deemed to 
extend to trespasses committed upon State property. 
. Sec. 49. Nothing in this act contained, shall be construed 

^teurto%S" to extend to the Illinois and Michigan canal, or to any 
nois and Mi- operation thereon, or to the funds relating thereto, or to 
chigan canal. ^^^ ^^j^^| ]^^(^^ granted hy Congress to aid in the construc- 
tion thereof. 

Sec. -50. The board of commissioners of public vrorka 

shall suspend their operations on the several rail roads 

Fmther duties j,jj^g(^ jj^ t]^js ^ct, for which Companies have heretofore 

ot Board of . ' • i • i 

Public Works, been incorporated to construct, until said companies or 
corporations shall have relinquished and released lo the 
state their right to construct the said rail roads or parts of 
roads aforesaid, respectively, by releases signed and sealed 
by a majority of the board of directors, (if the companies 
have been organized and directors elected) which releases 
shall and may contain a proviso and reservation for the 
benefit of the said companies; that the State shall, and will 
commence, construct and complete the said rail roads, 
named and designated in this act, and for which the said re- 
leases are given, respectively, within the time, and as is pro- 
vided for inthe first clause of the eighteenth section of this 

Proviso. act: Provided, That said releases shall be given by the said 

companies or corporations, and filed in the office of the 
Secretary of State, within a reasonable time, and without 

Further proviso unnecessary delay ; and provided also, That nothing con- 
tained in this section shall be so construed as to prevent, 
excuse, or delay the board of commissioners ot public 
works, or other authorized agent or agents on the part of 
the State, from entering or purchasing lands along or con- 
tiguous to any of the routes or probable routes of any of 
the said rail roads for the use of the State, by virtue of this 
act, or any other act or resolution of the General Assembly 
priortothe making and filing of any such rcleases;but shall 
be construed to extend only to commencing the survey 
and construction of the said several rail roads, for which 
releases have not been executed and filed as aforesaid. 

How Board to Sec. 51. That whenever the proprietor of any town 

proceed when i^^ ^^ ^^^ Corporation of any town or borough, through 

tinreasouable ^ , . , ^ K ., , •' ,, • i i_ . i • i. x 

damages are which any ot the rail roads, authorized by this act, are to 

demanded for pass, shall objcct to the passagc thereof, or the said proprie- 

right of way. ^Q,.g^ corporations, or owners of property shall require and 

exact from the State unreasonable damages for the right 

of way, through the said town plat, it shall be lawful for 

the board of commissioners of public works, to locate the 

said road, in the vicinily thereof, in such manner as will 

best promote the interest of the State. 

When surveys Sec. 52. That SO soon as there shall be appointed a 

to be made. board of Commissioners of public works under the pro. 



INTERNAL IMPROVEMENTS. 151 

visiotis of tills act, said board of commissioners shall pro- 
ceed to survey and locate all rail roads contemplated in' 
said act, so soon as they can possibly perform the same^ 
and so soon as said road or roads are located it shall be their 
duty to advertise the same in some one or more newspai-' 
pers printed in this State, as said commissioners shall think 
best, for contracting with any person or persons, company 
or companies, for the contracting and completing of a 
part or of all of said rail road, to be done on the plan laid 
down by s<iid board of commissioners. 

Sec. 53. The t it shall also be che duty of the board of com- Fui;her duty o/ 
missioners to contract for the immediate construction, so I'oard of Public 
soon as located, of all the rail roads or parts thereof con- ,oa°d's%eu\eeu 
templated between Quincy and the Wabash, as lies be- Quincy and 
tween Jacksonville in Morgan county, Springfield in San- Wabash, 
gamon county, Decatur in JVIacon county, and Danville in 
Vermillion county; thence to the state line in Vermillion 
county in a dii'ection to Lafayette in Indiana, at such point 
as the commissioners of this State and of Indicina may 
agree to cross the same. 

Sec. 54. That any company ot companies, roniractlng PiovJsions for 
for the construction of all or a part of said rail road and companies con- 
furnishing money for the completion of the same: (provi- ^'^'^''"S ^?'' ^^% 

J J i-u . -11 ■ . consuiiction ot 

dea the amount so appropriated docs not exceed the a- loads. 
mount agreed upon by said contracting parties for the com- 
pletion of said rail roads,) and whenever said rail road or 
roads shall be completed by said company or companies, 
{'hen it shall be the duty of said commissioners, and they 
are hsreby required to report the same to the fund com- 
missioiiPi'S, whose duty it shall be to draw a warrant or 
warrants in favor of the company or coffipanies for the 
same together wiih six per cent interest from the time they 
commenced said work, provided they On their part suffer- 
ed no unnecessary delay. 

Sec. 55. Whenever said rail road is completed accor- When rail load 
■ding to the provisions of this act and the same paid for, ^"")p!'''^'^ " , 

I - II I II- II 111 'shall be a piib- 

tnen it shali be a pubnc road, and be managed and keptiicroad. 

in repair as all other public state rail roads are kept: Pro- Piovisa. 

vided. That the money to be paid as aforesaid shall be paid 

out of the fund appropriated for the construction of said 

road, and no other; and Provided further^ That all parts 

of said road may he put under contract, and completed 

upon the terms provided m the foregoing sections. 

Sec. 56. This act shall be deemed and taken to be a ,r-i • ui- 
11. . T I 11 1 1 • f 1 . 1 , Tins a public 

public act, and shall be taken notice oi as such, without act. 

the necessity of pleading the same; and shall be in force 

from and after its passage. 

Approved 27th Feb., 1837. 



i^2 INTERNAL IMPROVEMENTS. 

•» r A/r I AN ACT supplenieiital to the "net to establish and maUuahi a general s/s- 
./oo*;* tem of Internal Improvements." 

4) looY. 

Fund commis- g^^^ -j^ ^g j^ enacted by the people of the State of Illinois^ 
ferTtock°and"" represented in the General Assembly^ That the board of fund 
bonds. commissioners, created by the act to which this ia a sup- 

plement, shall take and use all proper means and measures 
for the transfcring the stock authorized to be constituted 
by said act, and also for the transfering all state bonds 
authorized to be made and executed under the provisions 
of this act, and it shall be deemed a good execution of the 
power to borrow, to cause the said certificates of stock 
Goveinortoex-and state bonds to be sold; provided that said stock and 
ecute bonds in bonds shall not, in any event be sold for less than par value, 
behalf of State i^Ec. 2. The Governor of the State is authorized and 
required, whenever requested by the said fund comtnission- 
ers, to execute bonds for and in behalf of the State, for 
any sum or sums of money which may be borrowed, un- 
der the provisions of this and the act to which this is a 
supplement, in any foreign languiige^ stipulating for the 
payment of the interest and principal, in such foreign cur- 
Bondshow rcncy and country as shall bo found most beneficial for the 
countersigned interest of the State; which bonds shall be signed by the 
Governor, countersigned by the Auditor of public accounts 
Fundcommis- with the impress of the great seal of state affixed thereto, 
sionersmayap-m^(j shall be delivered to the fund commissioners, 
point agents ^^q, 3. The fund commissioners are authorized to ap- 

point one or more agents, with full power to negotiate the 
loans, and make sale of the state bonds and certificates of 
stock in any foreign country, and to vest the said agent ar 
agents with as full and ample powers as are by law vested 

State engages .°, 'irj •• *^ 

to pay pnnci- m thc said fuud commissioners. 

pal and interest Sec. 4. The State hereby cnga.gcs and ;>.gr&es to i pro- 
of aiisums bor-yjj(3 sufficient revenues and means to pay the iaterest aii4 
principal of all sums of money, v/hich under the pro- 
visions of the act to which this is a supplement, may be 
borrowed as the same becomes due and payable, and thf^ 
faith of the State is hereby irrevocably pledged to comply 
with the provisions of this section. 
Ai'PRovED 4th March, 1837. 



in force March -^^ ACT further supptciviental to an "act to establisli and muintain a geueral 
A 1837 system of Internal Improvements." 

t^avtof an act ^^C' !• -^^ ii enacted by the people of thc State of llluiois^ 

repealed represented in the General Jlssembly^ That so much of the 

act, to which this is an amcndmciu", as authorises three of 



JUSTICE OF PEACE. l53 

the board of commissioners of public works to form a quo- Quorum. 
rum of said hoard to do husincss, be and the same is 
hereby repealed, and hereafter no less than four shall be 
requisite to constitute a quorum. 

Sec. 2. The fund com.nis.sionsrs elected under the pro- Term of office 
visions of the act to which t!;is is a supplement, shall hold of ft'iid com- 
their offices for two years, and until their successors are ™"'^*°"'^'^ 
elected and qualilied. 

Sec. 3. Nothini;intheact towhich tliisis a supplement, ^°"^"''''T/" 

1 IT 1 . '^1 . ,. I .1 r I • . to be paiil tor 

shall be so construed as to entitle the fund commissioner or li^, actually 
commissionersofpubiic works, to receive their per diem rom- engaged. 
pensatlon, exceptingfor thetimcactually and bona lide en- 
gaged in the discharge of their respective duLies. 
Appro VKD 4th March, 1 S3 7. 



AN ACT to legalize the acts of Nalhan Elllrgf.on Into a justice of the peace r ^ . qo.l 
in aiul lor tlie co.iiity of Coles, -p, irq? 

Whereas Nathan Ellington was commissioned a justice Pi-eambie. 
of the peace in and for the county of Coles August 31 
l83l,and continued to exercise and perform the duties of 
the office for said county, until August 1.5 18.35, but the 
said Nathan J'^llington being sworn into office by a justice 
of the peace, instead of being sworn into ofhce by the 
clerk of the county commissioners court as is required by 
the 6th section of an act declaring what shall be evidence 
in certain cases, approved January lO i.8'27; now therefore 

Sec. 1. Be it enacted by ths people of the Slak of Illinois, . ^^ p,,. 
represeyited in the General Asscmbiy^ That all nnd singular ton legalized'' 
the acts of the said Nathan Eiiiugtoji, as such justice of the 
peace be, and they are hereby declared as legal and bind- 
ing to all intents and purposes, either at law or equity, as 
if the said Nathan Elhugton had been sworn into office as 
the law requires. 

This act to be in force from and after its passage. 

Approved February 28, 1837. 



AN ACT in relation to the title of school zn■^ cnnal lands. In force Janua- 

ry 1 6ih, 1837 

Sec. 1. Be it enacted by the People of the Stritf. of Illinois^ 
represented in the General Assembly, That purchasers of C^^'^i^catesof 

school or canal lands or town lots, may by endorsement ]?"^abfr aaT 

U ^ -' ■ 



154 LANDS AND LAND TITLES. 

how miiy ba in Writing on their certificates of purchase, transfer and 
^'^'^*' assign all right and title to the lands or lots purchased, or 

transfers or assignments of such certificates may be made 
upon a separate paper, and translerees or assignees, may 
in like manner transfer and assign all such certificates, and in 
Patent to issue q][ cases where certificates have been or shall hereafter be 
assigned transferred or assigned, patents shall issue in the name of 

Proviso. ^^'^^ ^"ist transferee or assignee, Provided, That the trans- 

fers or assignments shall be proven by certificate of the 
school or acting canal commissioner; or proven in the 
manner required to prove the execution of deeds of con- 
reyance, to entitle them to be admitted to record. 
This act shall take effect from its passage. 
Approved Jan. l6th, 1837. 



, AN ACT to define the extent of possesion in cases of 8«ttlenieut ob the publi* 

In force 27th lands. 

Feb. 1837: 

Sec. 1. Be it enacted by the People of the State of Illinois, 
Actions o[ ues- represoited in the General Assembly, That hereafter in all 
pa^s, ejectment Qg^jons of trespass, quarc clausum freget trespass, and eject- 
ment, and forcible entry and detainer, as well as forcible 
Gongiess land, detainer, only where any person or persons may be set- 
tled on any of the public lands in this State, when the 
same have not been sold by the general government, his, 
Possession in her, or their possession shall, in the absence of paper title, 
*^f.®"*^®,*''^ P^' be considered on the trial as extending to the number of 

•r title, low ] 1 -1, 1 • c u 

eonsidered. acres embraced by the claim oi such person or persons, 
according to the custom of the neighborhood in which such 
Proviso. lands may be situated: Provided, That such claim shall not 

. exceed in the whole three hundred and twenty acres: Pi-o- 
^^^ *^^^°^^^° vided further, That where the lands have been surveyed, 
such claim shall not exceed one hundred and sixty acres, 
and be ascertained by land marks so plainly made that the 
same may be designated from the other lands contiguous 
P . thereto in the samo neighborhood of country: .^nd provided 

ui " P''°^'*°yj^,.^^g^.^ That such claim shall not be plead or setup in bar 
of any action, at any time commenced or to be commenced, 
by a bona fide purchaser or purchasers of such lands from 
the United Slates, or person entitled to a right of pre-emp- 
tion on the same, under any act of Congress now in force, 
or hereafter to be in force. 

This act to take cfTect from its passage. 
Approved 27th February, 1837. 



LANDS AND LAND TITLES. 155 

AN ACT to rxuthorise the administrator ol" James M. Wells to convey cer- j^ j-^j.^^, ^^^ 
tain town lots. ^^^ jg'g^^ 

Whereas, it is represented to this General Assembly, by pyeambi*. 
Mark Aldrich, John Vineyard, John Montague, that on 
the fourteenth day of April, one thousand eight hundred 
and thirty -four, the said Aldrich, Vineyard, Montague, 
and James M. Wells, were jointly possessed in fee simple 
of the northeast quarter of section nine, in township four 
north, of range nine west,of the fourth principal meridian; 
that the said proprietors then agreed to lay ofl'the said 
tractofland into town lots, to be called the town of Warsaw 
and to sell and dispose of the town lots therein, for their 
joint benefit — that in pursuance of said agreement, they 
surveyed the said tract of land into town lots and caused 
a plat thereof duly made, subscribed and certified, to be 
filed of record in the recorder's office, of Hancock county, 
State of Illinois: that they contracted and agreed to sell 
and convey to different persons one hundred and twenty- 
three of said lots: by the terms of which several contracts 
said lots, were not to be conveyed until the final payment 
therefor had been made: that the said James M. Wells af- 
terwards, to wit: on the fourteenth day of October, 1835, 
died intestate, without having joined in conveying by deed 
the said lots to the several persons who had become the pur- 
chasers of the same; that the administration of the estate of 
the said James M. Wells was by the judge ofprobatcof said 
county duly committed to William Hunter, and that the 
heirs of the said James M, Wells are unknown, therefore, 

Sec. 1. Be it enacted by the people of the State of Illinois ^Ym Hunte* 
reoresented in the General Assembly^ That vVilliam Hun- administrator 
ter, as administrator of the said James M.Wells de-of ^ ^I- Well* 
ceased, and Mark Aldrich, John Vineyard and John Mon- M^Aidiich 
tague, be, and they are hereby, authorised and empowered J, Vineyard & 
to make, execute and deliver deeds for such lots in the said ^' Montague, 
town of Warsaw, as have been sold or may hereafter be ^o"'nia.kTdc°ds 
sold, according to the terms of the agreement mentionedin for certain lot* 
the preamble to this act, to the person or persons to whom '■" '^^ ^°"'" °*" 
the same have been or hereafter may be sold respectively, ppj!J^^f^"^oj^'j^^" 
upon the payment by him or tl<em of such sum or sums of tions, 
money as may be due frotn such purchaser or purchasers, 
respectively, as purchase money for the same: which deeds 
so executed shall be good and eiiectual in lav/, to pass the l'«^e'^=* *° *'* ®^- 
estate, right and title which the said James M. Wells at '""'"^^ '"'''"' 
the time of his death had, and the said Mark Aldrich, John 
Vineyard, and John Mon Lague now have in and to the lots 
so conveyed. 

This biJI having been Liid before the council of revis- 
ion and tcnd.i.ys not hy.vingintervened before the adjourn- 



156 LANDS AND LAND TITLES. 

ment of the General Assembly, and the said bill not hav- 
ing been returned with the objections of the council on the 
first day of the present session of the General Assembly, 
the same has become a law. 

Given under my hand, the Gth day of December, A. D. 
1836. 

A. P. FIELD, 
Secretary of State* 



111 force, 6th AN ACT to authorise Willlnm C. Murphe]', guardian of the inftint heirs of 
Dec. IbSG. Robert iJ. Muipliey, decuased, to convey certain lauds. 

Preamble. Whereas, it is represented in the general assembly, that 

R. B. Murphcy late of Perry co. departed this life, seized of 
an undivided third part offour-tiths of a small tract of land 
situated in Smith county, Tennessee: thatin his lifelimehe 
contracted to sell the same to Frederick Uhes, and died 
vyithout receiving the consideration money or compteting 
said sale, and whereas, it is believed to be to the interest of 
Mary, Sarah, and Samuel B. Murphey, infant heirs of the 
said R. B. Murphcy, to whom the title to said land has de- 
scended, that said contract and sale should be completed; 
therefore, 
i)hev authorised ^^^* ^' B.^ it enacted by the people of the State of Illinoie 
to convey real represented in tht General Jhsembly, 1'hat William C. Mur- 
estateofil. O.pi^gy, guardian oi said infant heirs, Mary, Sarah and Sam- 
ceased 7n state ^^^ B. j]/urphcy, be, and he is hereby authorised to convey 
of Tennessee, all the title of thc Said infant lieirs to the said described 
upon receipt janj] upon the receipt ( f thc said purchase money for the 
o puic ase game, as agreed by the said Pv. B. x^Iurphey in his lifetime. 



p 

money 



This bill having been laid before the council of revis- 
ion, and ten days not having intervened before the adjourn- 
ment of the General Assembly, and the said bill not having 
been returned wiili thc objections of the council on the first 
day of the present session of thc General Assembly^ the 
same has become a law. 

Given under mv hand, the Cth day of December, A. D., 
1836. * . A. P. FIELD, 

Secretary of State, 



Inforca '"7t'i AN ACT to n-uihoiize J or.al'ian Ilarmeson to convey real estate. 

Feb. It's}. 

Sec. 1. Be it enacted by the Proph (f the State of Illinois, 
represented in the General Jhscmhly, That Jonathan llarme= 



LANDS AND LAND TITLES. I57 

son (minor) be, and is hereby authorized to sell and con- J- Hnnneson, 
vey all or whatever interest or property he now has, or '"""'^i' authori- 

1 • ii i ; r T T 1 • IT- sed to convey 

may have, in the town site ot Independence, in Vites ,eai estate. 
Prairie, in Hamilton county, Illinois, or in the tract of land i" the town of 
upon which said town is or has been laid out, bcinu i^jg l"'iepeiidence. 
rightful property. And that the said Jonathan ilarm'cson 
be, and he is hereby authorized to make, execute, and de- g.^^'^ddhe"'^ 
liver good and valid titles in law for all, a part, or whatever deeds'^fbr lots 
right, claim, or interest he now has, oi- may acquire in said '" said town. 
tract of land or in the town site thereon, to .my and all ^ 
persons to whom he has sold or may sell the same; n-nd ^^ g^g^l^J^^y" 
that all titles and deeds ofconveyanco that he may or shall valid in law, 
make, under and by virtue of this act, whether for the 
whole of said tract ot land or for the town lots thcreon,in the 
said town of Independence, shall be good against himself, 
and all othersclaimingunderhim,exccpt as against him, her, 
or them,who are or shall be the bargainers or venders of said 
tract of land and town lots: Provided ahcat/s, That all sales 
and conveyances of said property, by the said Jonathan 
Harmeson, (minor) shall be as valid and as binding upon 
1-^im as if he were of full and lawful age. 
APPP.0VED 27th February, 1837. 



AN ACT to authorize certain persons therein named to convey certain lands. J" J^^''^} 

Dnc. 1836. 

Whereas, Thomas Gordon, in his life time, sold unto 
Nathan Barham forty acres of land, situate in Coles county; 
and gave said Barham a bond for the convcjancc of the 
same, and has since departed this life without having made 
such conveyance. Therefore — t ■ r" 

Sec. 1. Be it evaded by the People of the. Stcdz of Illinois,"J!^l^^^i^°^l ^^ 
represented in the General Assembly, Tiiat John Gordon, ex- Thos. Gordon, 
ecutor of the last Vv^ill and testament of the said Thomas '.'';'^'''' '^"^''"1- 
Gordon, deceased, be, and he is hereby authorized to make dJcd to Nathan 
to the said Nathan Barham, a good and suiHcient deed for Jioiham, lor 
said tract of land, in pursuance of said bond of the said certain lands, 
Thomas Gordon: Provided, The said executor is fully satis- Proviso, 
tied that the consideration for said land has been paid. 

Sec 2. That Gilbert Douglass and Thomas M, Hamil- p. Douglass & 
ton, executors of the last will and testament of Silas Ham- ^ • -^^- ^^^""i- 

• 1, 1 1 T 11 I I 1 • 1 , ton, exec utors 

ilton, deceased, be, and they are hereby authorized 10 or siias Ham- 
make and execute deeds of conveyance for all lands roJd iimn dec'd, au. 
by the said Silas Hamilton m his life time, in pursuance of '*^"f"''/"° 

•' . , , . , , ,! f , , iiKike deeds lor 

and upon the conditions set (orth in the obhgations or oonds, j^nfis sold by 
so executed for the conveyance of the same, by the said s:ii(i Silas Jlam 
Silas Hamtlton, deceased. ^^^°"' '^'"''^' 



158 LANDS AND LAND TITLES. 

The foregoing bill having been laid before the council of 
revision and ten days not having intervened before the ad- 
journment of the General Assembly, and the said bill not 
having been returned with the objections of the council on 
the first day of the present session of the^General Assembly 
the|samc has become a law. 

Given under my hand, the 6th day of December, A. D. 
1836. 

A. P. FIELD, 
Secretary of State, 



III fbree i21$t A.N ACT to authorise Samuel Rogers to sell and convey certain real eitato 
r«b., 1837. therein described! 

Sec. 1. Be it enacted hy the people of the State of Illinois 
represented in the General Assembly., That Samuel Rogers 
of St. Clair county, parent and natural guardian of Will- 
iam G. Rogers a minor under the age of twenty-one years, 

Authorised to"; be, and he is hereby authorized to sell and convey the fol- 

eondhi'ons."" lowing described real estate belonging to said minor, -viz: 
Ninety two acres 64 hundrcths, beginning the survey there- 
of at a point bearing S 1*^ '5, E 19 90, distant from the for- 
mer quartersection corner, on the north end of the northeast 
quarter of section number three, in township number one 
south, of range number nine west of the third principal 
meridian, thence parallel with the base' line east forty 
chains three links, to a stone thence due south twenty 
three chains twenty-seven links to a stone, thence parallel 
with the base line west thirty-nine chains fifty-nine links 
to a stone, thence north 1^ "5,^7 23 27 chains to the place 
of beginning, aiso, forty-five acres situate on the east side 
of the west half of north west quarter of section No. 1 1, 
in the foregoing township and range making in all l34 
64 hundrcths acres, on the terms and conditions herein- 
after expressed. 

To petition ^i^c. 2. Said Samucl Rogers shall petition the court of 

judge of pro- probatc in and for the county of St. Clair, setting forth 

bate for to sell- th(, causes of his Said petition or application, and if the 
Judge of said court shall be satisfied that it is necessary in 
order to the nurture and education of said minor, 
or that it is for the interest of said minor to sell said lands 
before described in the first section of this act, and vest 
the proceeds in other lands, he is hereby authorised to or- 
der the sale thereof, and direct the application of the pro 
coeds to the nurture and education of said minor, or to be 



LANDS AND LAND TITLES. I59 

vested in other lands for his benefit, or to one or both 
these objects as may to him seem just and proper. 

Sec. 3. Said Samuel Rogers before proceeding to sell Shall give bond 
said lands of said minor shall file with the said Judge of 
Probate, his bond with security to be approved of by said 
Judge, to the people of the State of Illinois for the use of 
said minor in such penal sum as said Judge shall deem suf- 
ficient, conditioned for the faithful application of the pro- 
ceeds of said sale, to the purpose or purposes ordered by 
the said Judge of Probate. 

Sec. 4. Should the said Judge of Probate, upon appli- 
cation made as contemplated in the second section of this 
act, grant an order for the sale of the lands belonging to 
said minor, the said Samuel Rogers shall be authorised to ^^°^^ '° ^^ ^"^^ 
sell the same by giving public notice of the time and place 
of such sale or at private sale, as said Judge may think 
best calculated to promote the interest of said minor, and 
the said Samuel Rogers shall convey the same by good And conveje* 
and suflacient deed of conveyance describing himself as 
parent and natural guardian of said William G. Rogers, 
relating at length in said deed the order of said Judge of 
Probate granting said sale, which shall be acknowledged 
as other deeds are. The said Samuel Rogers shall make 
report to the court of probate aforesaid, his actings and 
doings in the premises when required thereto by said 
court. 

Sec. 5. The said Judge of Probate shall keep a record Judge of pro- 
of his proceedings concerning such application, and shall '^^t*^'^ duty 
receive for his trouble, such compensation and fees as are 
allowed him by law, for similar services. 

ArpRovED February 21, 1837. 



AN ACT to authoiise the sale of the real estate of D, L. W .Jones, deceased j,, {■^^J^^Q Dgg 
aud for other purposes . g.u 1 337 

Sec. 1. Be ii enacted by (he People of the State of Illinois, Administrator 
represented in the General Assembly, That the administra- authorised to 
tor of the estate of D. L. W. Jones deceased, late of Cook '"'^ '■''^' ^''^'^ 
county, be and he is hereby authorised to sell at pubhc or 
private sale such of the real estate of said decedent, as is 
situated within this State and the territory of iViichigan, „ 

the proceeds whereof shall be applied to the liquidation of j|/ichigan terri- 
the debts of said deccndent, and the residue to be invested tory 
in some productive real property, or public securities un- Proceeds to be 

J j-j- 1- 1 -,1.1 *^ ,!•,, .^ r applied to the 

der the advice and with the consent oi the judge ol pro- liquidation of 
bate of said county of Cook, for the use and benefit ol the the debi?, and 



160 LliMITATIONS— MILL DAMS. 

residue how in- widow and child of thc deceased, in the proportions sev- 
vesred crolly duc them, accordins; to the law in such cases. 

Adm-nistiaioi- ^ * ^> fm • i i • - . • i j i • i 

to give bon>i of-c. J. I he saul atlministrator previously to making Sale 
with security, of a II v of Said property, shni I enter into bond for the faithful 
perrorin:u5ce of thc duties herein provided, in such pen- 
alty and with such surety as shail be prescribed by the 
judfre of probate of Cook county, and with such other 
condilions as should bedecmed by said judgenecessary to be 
inserted furthe purpose of effectually securing to the widow 
and heiress of thc deceased their several portions of the 
p . proceeds of such sale, Provided, That no sale shall be made 

of any of said property by virtue of this act, without the 
consent of the said widow shall be first filed in the ofiice 
of thc said judge of probate. 

This bill having been laid before the council of revision, 
and ten days not havingintervened before the adjournment 
of thc general assembly, rand the said bill not having been 
returned with the objections of the council on the first 
day of the present session of the general assembly, the 
same has bcf'ome a law. 

Given under my hand the Cth day of December 1836. 

A. P. FIELD, 

Secretary of State. 



In force 11th AN ACT to amend an act entitled "an act for tlie limitation of actions and for 
Februaiy, 1837 avoiding vexatious law suits.'* 

Acts of 1827 S-Ec. 1. Be it enacted by the people of the State of Illinois, 

t'o°nonrS^eIus''^/"""^^'^^^^"^ ^'^" Gf-'-'^cnd Assembly, That the proviso to the 

unless they be sevcntli sectioH of the act to which this is an amendment, 

infants. ^\\ti\\ not bc held to extend to any non resident, unless 

such non resident be under the age of twenty-one years, 

insane or feme covert, and then and in that case the rights 

of such persons shall be saved for the time limited by the 

different sections of said act, after his or her becoming of 

full age, sane or feme sole. 

Approved Feb. llth, 1837. 



Li force March j\N ACT to authorise the person therein named to construct a mill dam . 
4th 1837. 

Sec. 1. Bc it enacled by thc People of the State of Illinois, 
represented in the General Assembly, That Lewis Freeman 



MILL DAMS. 161 

be, and he is hereby authorised to construct and continue! 
a mill dam across Spoon rirer, on section nine in township 
four north, range three east of the fourth principal meri- 
dian, Provided^ That the said Lewis Freeman shall own proviso. 
the lands on both sides of the stream, where the said dam 
shall be constructed, and provided further.^ That should Further iioviso 
any individual sustain damage by the overflowing of the 
banks of said stream, occasioned by the construction of 
said dam, the said Freeman shall be liable for the same, and 
he is hereby required to construct an apron to said dam 
with a slope of at least two feet horizontal, to one foot 
perpendicular and twenty {eet widc^ 
Approved, March lib, 1837. 



AN ACT to authorize John W. Spencer and David B. Sears, to build. a mill 

dam across Rock Island Slough . I" ^"'ce, 11th 

Feb. 1037. 

Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That John W. Spencer, j ,y g ^^^^^, 
and David B. Sears, are hereby authorized to build a mill d. B. Sear?, 
dam across the Rock-Island Slough, in Rock-Island county, authorized to 
on or opposite their own lands; and the said John W. '^"'''^ ^ ""'^ 

£1 iT^'iTici 1111 '11 111 dam across 

Sspencer and David 15. Sears shall be entitled to all the Rock Island 
advantages accruing or growing out of said mill dam*?iough, 
and water privileges. 

Sec. 2. Said mill dam shall be commenced within one When to be 
year and completed within three years, from and after the commenced 
passage of this act: Provided, horvever, said mill dam shall ^.^^^"^""P^^"^'^" 
be so constructed as not to interfere with private rights. 

Sec. 3. The Legislature reserves the right to alter Power reserved 
amend or repeal this act, whenever In its opinion the public 
good requires the same. 

This act to be in force from and after its passage. 

Approved, 11th February 1837. 



AN ACT, to authorize \V illiani Druiiimouci to build a mill Dam on Bi"? re. 

n/T jj D- „ " ill lofRC march. 

Muddy Kner. 2 1S37 

Sec. Be it enacted by the People cf the State of HUnois, rep- 
resented in the General Assembly, That William Drummond, Authorized to 
be and he is hereby authorized to build a mill dam across ^"''^ ^ "'■' 
the Big Muddy River, at the Shallow Ford: Provided, said Provisc* 

V 



1C2 ' MILL DAMS. 

mill dam does not obstruct the navigation of said river, and 
provided also^ Tiic said William Drummond owns the 
land on both sides of said river, where said dam shall be 
erected. 

AprnovED, March 3, 1837.. 



Ill force Febiu- An act to authuijze Lymaii Woaster and Asher ilohries, to build a mill Dam 
aiy 10, 1837. across the Kankalice River. 

Sec. i. Be it enacted by the People of the State of Illinois, 
Wonster and represented ill the General Assembly, That Lyman Wooster 
Setrbun'n ^'i"^ ^'^sher Holmes, their heirs and assigns, be and they 
mill dam, are hereby authorized to build and continue a mill dam 
to De four feet across the Kankakee river, four feet high, opposite the 
slfction and Centre of section nineteen, in township thirty one north of 
township on rangb fourteen east, in Will county. 

which same to gj^jj. 'J. Xhe said dam shall be constructed in such a 
Not'^^oobstrHJct '^^'^"^"^^ ^^ ^^'^^^ atford a free passage to all boats and crafts 
navigation. upoii Said river, and for a failure to comply with the pro- 
Failure to com- yjyions of this section, the rn-ivileec eranted by this act 

ply, law to be . , , i j >- o ^ 

yjjij IS hereby repealed. 

Approved, February 10, 1S37. 



In force Febru- -^" iicl aulboiizing John Reese and John Fi;i;;ahon, tu erect a I\lill dam across 
ary 15, 1837, Robinson Creek. . 

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

J. Reese and J represented in tlie General Assembly, That John Reese and 

Ferguson to John Fergason, their heirs and assigns, be and tliey are 

build mill dam. j^g..^j^^ authorized to build and continue a mill dam 

And where. dam across Robinson's creek, in Shelby county, on the 

west half of the north west quarter of section thirty live, 

townsliip eleven, north of the base line, range number 

Heighth. thicrj oast of the third ])riiicipa.I nicrichan. eight feet high 

above ordinary low water mark. 

Th.is act to be in force from and aftci' its passage. 
ArruoYEn, February 15, I6u7. 



MINORS, ORPHANS AND GUARDIANS.—MILITIA. 163 

An act to amend an act, entitled "an act concerning minors, orplians, and Jn force Ma^xh 
guardians. 4^ 1837 

Sec. 1. Be it enacted by the People of the State of UHnois, ^^^^^^ ^^ j^. 
represented in the Ge7ieral Assembly, That hereafter it shall of Piobate to 
be the duty of the Judge of Probate of any countj in this appoint Guar 
State, to appoint a Guardian for any Minor or Minors, in ^'^"* 
their respective counties, whether said Minor or Minors be 
entitled to any real estate or not. t- i j • 

r- r» T I II 1 ,1 1 . /■ ,1 T 1 I' 1-. 1 1' luther duties 

Sec. z. It shah be the duty ol the Judge oi rrobate, or 
the County Commissioners Courts of the several counties 
in this State, upon information being made to said Judge 
or County Commissioners Court of any Minor or Minors in 
said county, who has neither personal or real property, or 
who has not been previously provided for by law, to direct 
the Sheriff of said county to cause said Minor or Minors to 
be forthwith brought before said Judge of Probate or 
County Commissioners Court, who shall proceed to ex- ^'^^'"'"V"^' 

• , .1 •, .• r ■ 1 -itr- nr- i . „ tiou oi minors 

amme mto the situation 01 said Minor or Minors, and it 
upon examination, it shall appear to the satisfaction of said 
Judii;e or Court, that it will be better calculated to pro- 
mote the general welfare of said Minor or Minors to bind 
them out, then said Judge or County Commissioners court 
shall proceed to bind said Minor or Minors, agreeabte 
to the provisions of an act, entitled an act for the relief of 
the poor: provided, That nothing herein contained shall "'^°^'"'^. 
authorize the binding of any fcninlc over the age of fifteen 
years. 

Approved, iNIarch 4, 1837, 



AN ACT to am?nd an act eatlUed "an act for the organization of and goverur In foree 4th 
mentor the militia of this State," approved March 2d, 1833. March, 1837, 

Sec. 1. Be it enacted by the people of the State of Illi- 
nois represented in the General Assembly, That the counties "^^^^^ counties 
of Calhoun, Pike, Schuyler, Adams, Hancock, McDon- °*^°'"P*'**' 
ough, Warren, Knox, Fulton, Peoria, Henry, and Mercer sth division of 
shall compose the fifth division of the Illinois militia: the militia , 
counties of Jo Daviess, Whiteside, Rock-Island, Ogle, Put- 
nam, La Salle, Iroquois, Will, Kane, Cook, McHenry, and p , ,. . , 
Winnebago shall compose the sixth division of the 
of the Illinois militia: the counties of Calhoun, Pike, jst brigade of 
Schuyler, and Adams shall compose the first brigade of 5th division 
the fifth division; and the counties of Fulton, Peoria, 
Henry, and Knox shall compose the second brigade of the s"^'^^^^' °^ 
fifth division; and the counties of Hancock, McDonough, 3d brigade of 



Ifvi 3IILITIA. 

5th division VVaiTcn and Mercer shall compose the third brigade of the 
fifth division: the counties of Jo Daviess, Whiteside, Rock- 
divisioT ^ * Island, Ogle, Winnebago, and Putnam shall compose 
2nd brigade 6th the first brigade of the sixth division; and the counties of 
dividon La Salle, Iroquois, Will, Cook, Kane, and McHenry shall 

compose the second brigade of the sixth division. 
T?i-..-„ ..1 Sec. 2. An election shall be held bv the officers of 

injections when , ^i • i . • , r ^ rr,i !• • ■ ' i • ■ 

held and how tnc third brigade oi the hith division at such time as the 
conduited Major General of said division may order and direct. 
Said election shall be conducted in all respects in the 
same manner as is provided lor in the act to vrhich this is 
an amendment. 
For major gen- Sec, 3. There shall be an election for Major General 
offiJeTln?^'^ of the sixth division, and for Brigadier Generals of the first 
when ^iid second brigades of said diWsion, held on the second 

Saturday of September next. Said elections shall be 
held and conducted in all respects, as is provided for in 
the act to which this is an amendment, and returns there- 
of shall be forthwith transmitted to the Adjutant General's 
Returns thereof office at Vandalia, whose duty it siiall be at the expiration 
of forty days from the day of said election, to open and 
canvass the returns of election, and cause commissions 
to issue to the person who may appear to be elected by 
said returns. 
Duty of She- Sec. 4. It shall be the duty of the sheriffs of the seve- 
riffs to hoidc-ral counties in the fifth and sixth divisions, in which the 
ec ions militia are not organized, to cause elections to be held on 

the second Saturday in August next, for one Major in 
each of said counties, by giving three weeks previous 
notice, by posting up written notices in three of the most 
public places in their respective counties: said elections 
to be held at the county seat of each county, or place of 
holding courts, under the direction of the sheriff, who 
shall appoint three judges and t\vo clerks to conduct the 
same. Said elections shall be conducted in all respects 
as is provided in the act to which this is an amendment. 
To transmit re- And it shall bc the duty of the said sherills, immediately 
turns after said elections, to transmit returns thereof of their 

respective counties, to the adjutant general, whose duty 
it shall be to cause commissions to bc issued to the per- 
sons so elected. 
Odd battalion ^, Sec 3. The militia of said counties, organized as 
aforesaid, shall each constitute an odd battalion. And 
it shall be the duty of the several majors so elected to pro- 
ceed immediately to organize their respective battalions, 
by laying out the same into company distiicts, and causing 
captains and lieutenants to be elected. Said battalion 
shall, when organized, be governed, and perform duty in 
the same manner, as the militia of this State are. 



xMlLlTIA. 165 

Sac. 6. The majors of said battalions shall, so soon as 
they are organized as aforesaid, report to their respec- Major's duty 
tive brigadier generals. 

Sec. 7. Whenever it shall be necessary to divide any 
reginnent in this State so as to make two regiments, it Division of re- 
shall be the duty of the colonel or officer commanding S'»^e«ts 
the same, to notify the brigadier general of his brigade 
thereof, who may, if he iuhik such division proper, issue 
his order to the colonel, or ofHcer cGiiimanding said regi- 
ment, directing him to convene a board of officers of hi^ 
reg;ment, which shall consist of all the commissioned offi- 
cers thereof, a majority of whom shall constitute a quo- 
rum, the colonel, or officer highest in rank present, pre- 
siding. Said board, when so convened, shall proceed to 
determine whether they will divide said regiment; and if 
a division is agreed upon, they shall designate the line of 
division, and the place of holding the regimental muster 
of the new regiment, and cause the same to be recorded 
by the adjutant of said regiment, who shall be in at- 
tendance for that purpose. A return of the proceedings 
of said board shall forthwith be transmitted to the gene- Reu\m 
ral of said brigade, who shall issue his order for an elec- 
tion for a colonel to command the new regiment, which 
shall be conducted, and return thereof made as in other 
cases. 

Sec. S. Commissioned officers, living in the bounds of 
any regiment so created, shall conthiue to hold their res- 
pective offices as though no such division had been made. 

Sec. 9. Colonels and commanders of odd battalions Po^^.e,. of coio- 
shall in all cases have the power to appoint their own nei, itc to ap- 

stafF. point staff 

Sec. 10. The elections provided for by this act shall 
be subject to be contested, in the same manner as is pro- 
vided for by the act to which this is an amendment* 

Approved 4th March, 1837. 



AN ACT enconragiiig volunteer companies. 

In force, 2nd 

Sec. 1. Be il enacted by the People of the State oj Illinois^ March, 1837, 
represented in the General Assembly^ That whenever any 
volunteer or independent company has become organized, 
or shall hereafter become ornanized, according to the laws 



166 MILITIA. 

of this Stale, it shall be lawful for such company, at any 
Adoptconstiiu- regular meeting thereof, to adopt a constitution and by- 
tion, not incon- laws for the regulation and government of said company, 
lawT'^^'^^ -which shall not be inconsistent with the constitution of 

the United States or of this State. 

Duty of acting Sec. 2. It shall be the duty of the acting orderly sergeant 

sergeant. of the Company to keep a perfect and complete record of 

ecord. ^^^ constitution and l)y laws of said compan)^, which shall 

be signed by the acting captain of the company, and 

countersigned by the acting orderly sergeant, and said 

constitution and by-laws shall, at all times, be subject to 

the inspection of any member of the company, and of all 

militia officers, and any person interested therein. 

p.j^gg Sec. 3. Said constitution and by-laws may lix the fines 

and penalties which shall be imposed on any member of 

the company for an infraction of any of the provisions of 

said constitution or by-laws, and may also fix the fines 

which shall be imposed on any member for a failure to 

parade at any muster which may be called, according to 

Failure to par- i, *•* *• i i r i\ 

ade the constitution or bye-laws of the company. 

Sec. 4. No company shall be entitled to any of the ben- 
efits of this law, which shall notprovide in its constitution. 
or by-law^s for company musters during the year. 

Sec. 5. When any member of the company shall have 

Violation. been guilty of a violation of any of the provisions of the con- 
stitution or by-laws of the company^a ndafine shall have 
been assessed on him in accordance with the provisions of 
said constitution and by-laws, it shall be the duty of the 
acting orderly sergeant of the company, or in case he is in- 
terested, then of the next serjeant of the company, to de- 
mand of such member said fine, and in case of his neglect 

^ or refusal to pay the same, it shall be lawful to bring suit 

" for the same in the name of the company belore any jus- 

Befoie justice. ^^<^® of the peace of the county, subject to an appeal to the 
circuit court, as in cases of debt or assumpsit: Provided, 
however, that when said suit shall be brought,security for 
costs shall be given by some responsible person or person?, 
in case said suit shall be determined against said company. 

Evidence. Sec. 6. It shall be sufficient evidence that the constitu- 

tion or by-laws have been regularly adopted if they are 
signed by the acting captain and countersigned by the 
acting orderl}^ sergeant of the company, and any member 
of said company may be a witness in all cases brought un- 
der the provisions of this law. 

Fihes collected ^^c. 7. All fines collected under thislaw shall be recei- 
ved by the acting orderly sergeant or acting captain of the 
company and shall be used for the benefit and under the 
direction of the company. 



MILITIA— NAVIGABLE STREAMS. 167 

Sec. 8. It shall be lawful for any two or more vol un- Two or more 
companies to organise themselves into an odd battalion, '-■°'"P*"'p*to 
and elect their major and all other statTotHcers; Provided, Strfu'Sd"* 
the parade grounds of said companies arc in the same battalion. 
county and not more than twenty-five rriles apart, and in 
case there shall be four or more volunteer companies in Four compa- 
onc county, they may organise themselves into a regiment "'^^'"°"'' 
and two battalions, and elect their colonel and stati offi- fo°,n l^^l^ 
cers in such manner as may be mutually agreed upon by ment. 
the respective companies. 

Sec. 9. Whenever any battalion or regiment shall b«^- 
conr e organised as aforesaid, it shall be lawful for the same When organiz- 
tD adopt a constitution and bye-laws for their government, ed. 
as is above provided for in the cases of companies, the 
acting colonel or major, (as the case may be,) supplying 
the place of the acting captain and the acting adjutant the 
place of the acting orderly serjeant. 

Sec. 10. Any person serving eightyears in one or more Eight years ser- 
volunteer or indencndent companies, shall be exemptfrom ^'^e shall ex- 

c ■ ^-i-^ 1 i. - J- r u empt from mil 

pertormmg any military duty m time ol peace, upon ob- jj^^^.^ ^jmy 
taining a certificate or certificates, that he has faithfully Certificate, 
discharged his duty as a member of said company. 

Sec. ll. So much of the 8th section of an act entitled 
an act for the organization and government of the militia 
of this State, in force July 2d, 1833, as requires a volun- 
teer to give notice in writing, to the commanding officer 
of the company in which he was enrolled, and authorises 
commandants of regiments to disband independent compa- 
nies, be, and the same is hereby repealed. J^^^ repealed. 

This act to take etfect from and after its passage. 

Approved 2d March, 1837. 



AN A(!T dnclarjiig certcihi bueains therein named navigable . hi force March 

1,1837. 
Sec. 1. Be if enacted by the People of tlie. State of Illinois, 
represented in the General Jlsscmbly, That Lusk Creek be and Creek declared, 
the Same is hereby declared a navigable stream and public "^vigabie. 
highway, from the mouth of said creek, so far up as Cow- 
en's mill, on said creek. 

Sec. 2. That Grand Pier creek be and the same is p. ^,. .„^i,,.„,, 
1 • 1 ■ ■ -11, r -1 1 r Ki^ei declared 

hereby declared a navigable stream horn its mouth so lar navigable. 

up as Chips' mill dam. 

5ec. 3. Also, Big Creek is hereby declared navigable Big creeV de. 



IQS NAVIGABLE STREAMS. 

ciaied naviga-from Its iiiouth, SO far up said creek as Twitchers mill 
'''®- on said creek, all of which said streams severally, are to 

be free for all persons to pass with any water craft loaded 
with timber or produce of any kind whatsoever. 

Sec. 4. That seven mile creek, in Pope county, be and 

rjj!t declared ^j^^ game is hereby declared a navigable stream, as high up 

as John Mclntier's house on said creek, which shall be 

free for all boats to pass up or down said creek at all 

times. 

Approved, March 1, 1837.. 



In force March AN ACT. declaring McKees Creek in Pike county, a navigable sti cam. 
1, 1837 

Sec. 1. Be it enacted by the People of the Stair: of llJinois, 
represented in the General Assembly^ That the north fork 
of McKecs creek, from its confluence with the Illinois 
river, as far up as Chambersburg, in Pike county, is hereby- 
declared a navigable stream, and shall at all times here- 
after be a public highway, and free for the passage of alt 
boats and water crafts of every description whatever. 

This act to take effect and be in force from and after its 
passage. 

Approved, March I, 1837. 



In force March AN ACT declaring the Skillet Fork a Navigable Stream, and far other 
4, 1837 purposes. 

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

^}^^^}^y°'''^ .^^' represented in the General Assembly, That the Skiilet Fork 

bie. " ^'®^" of the Little Wabash river be and it is hereby declared a 

navigable stream and public highway of this State, from 

Samuel Slocumb's mill on said river in Marion county, to 

its confluence with said Little Wabash river. 

Little Wabash Sec. 2. That the Little Wabash river be and it ishereby 

declared navi- declared a navigable stream and public highway of this 

gable State, from where the National road crosses the same to 

its confluence with the Great Wabash river. 

Sec. 3. And be it further enacted,, That an act entitled an 

act authorizing John L. Evans to erect a mill dam across 

Certain act re- Macoupin Creek, approved December 27, 1822, be and 

Macoiipi^n ^^^ same is hereby repealed, and that the said Macoupin 

creek declared Creek is hereby declared a navigable stream, and public 



NAVIGABLE STREAMS. 169 

highway of this State, from where the road leading from anavigaWe 
Carrollton to Alton now crosses said creek, to its conflu- *"*^^"'' 
ence with the Illinois river. 

Sec. 4. This act to be in force from and after its pas 
sage. 

Approved, March 2, 1837. 



AN ACT relating to the improvement of the navigation of the Saline river . 

and lor the purpose of preservint' tiie same . ht '."^^looS 

.^ '■ ^ '^ March, 1837. 

Sec. 1. Beit enacted by the people of the State of Illinois^ 
represented in the General Assembly That Willis Hargrave w. Hargiava 
and James Green, and such other person or persons as they andotiiers, 
may associate with them and their heirs and assigns be and ei'ect^^^nd 'es- 
they are hereby authorised to erect and establish a grist and tabiish grist 
saw mill at and in connection with the dam and lock which ^"^^^^^ "'^^ 
they are now buildingon the Saline river, at the place com- °" '^ jpp «• 
monly known and called the BigRipple,and to keep, use, oc- 
cupy and enjoy the same for the space of twenty years from ^°'' twenty 
andafter the passage ofthisact: butthegrant madein the pre- y^^'^'^' 
ceding part of this section shall not avail the grantees there- 
of so as to injure the navigation of said Saline rivei', and Shall not injur» 
shall be understood to extend no farther than to authorise navigation, 
them to use so much water as may be at any time over 
and above that quantity required for ordinary navigation. 

Sec. 2. The said James Green, Willis ffargrave and 
their associates or assigns, in consideration of the grant of 
privilegein the foregoing section, shall during the space of 
twenty years from and after the passage of this act, or at 
least from and after the completion of the lock and damoij 
the said Saline river, during the remainder of the said tvren- 
ty years, keep in good repair and condition, the dam and Dam to bo iiept 
lock at the place called the Big Ripple on said river, and imepair. 
keep good, able, and sufficient hands and assistance at all 
reasonable hours and times, and to permit, aid, and assist 
all boats and other vessels to pass up and down, through Shall permit 
and by way of said lock free of toll and wit'iout any let, boits to pag«. 
hindrance or delay, unless the said delay be caused by 
unavoidable accident, but not by negligence. 

Sec. 3. That for Jind in consideration of the privileges 
granted in the first section of this act, so soon as the other 
lock and dam now erecting at the lower ripple upon said 
Saline river, shall be completed and ready for use, it shall 
be the duty of the said James Green, Willis Hargrave, Duty of, 
their associates and assigns to keep the same in like good _ ^ , 
repair and condition, as the lock and dam mentioned in ;„ repair 

w • 



170 NAVIGABLE STREAMS. 

the second section of this act, and keep, at all times, good 
Shall keep aid. and sufficient aid and hands to permit and assist boats and 
other vessels navigating the said river to pass up and down 
the same. 

Sec. 4. That the said James Green, Willis Hargrave 
and their associates and assigns may demand and receive 
of and from all boats, and other vessels navigating the said 
river and passing the said lock at the lower ripple as men- 
May receive tioned in the third section of this act, such toll and com- 
toii. pensation as the county commissioners court of Gallatin 

county may from time to time fix, ordain and establish, 
and the said county commissioners court are hereby au- 
thorised and required to fix and establish such toll and com- 
pensation from time to time, and the said court in fixing 
the rates of toll as aforesaid shall not, in fixing such rates, 
allow a greater rate on account of the probable expense 
of keeping up and repairing the said locks and dams, but 
shall fix the same with reference to a just compensation 
for aidmg and assisting boats and otlier vessels passing up 
and down said river. 

Sec. 5. That so soon as the said James Green and Wil- 
lis Hargrave, their associates or assigns, shall erect said 
water and saw-mill at the Big Ripple as aforesaid, the ob- 
Obiigation to ligations and provisions of this act shall take effect and be 
binding upon them or any or all of them: and if the said 
James Green, Willis Hargrave, their associates or assigns 
shall fail to comply with the requisitions of this act, accor- 
ding to its true intent and spirit, the privileges herein 
granted shall be from henceforth forfeited, and the same as 
°' ^"' well as the tolls on the said lock at the lower ripple shall 

enure to the iise of the county of Gallatin. 

. Sec. G. That so soon as the said Willis Hargrave and 
James Green, or their associates or assigns shall accept 
the privileges granted by this act with the conditions here- 
Shaii noiifv ^^ imposcd, they shall, under their proper hands notify the 
county county commissioners court of Gallatin county of such, 

commissjoneis their disposition, and the same shall be by said court at 
of aiiatin. their ucxt term, entered on the records of said court. 

Sec. 7. That the commissioners appointed by the sec- 
ond section of an act entitled "an act relating to the Gal- 
latin Saline and the lands belonging to the same," approv- 
t?u'"saiin?sEi ^"' "^^""'^^'-^ IGth, 1836, and their successors in office shall 
make report make a full and complete report to the legislature and to 
the county commissioners court of the county of Gallatin, 
of their actings and doings by virtue of the said act, and 
whenever a vacancy shall occur in said ofiicc, it shall be 
Vacancy, iio^v ii'e duty ofthccounty commissioners court to fill tiie 
filler]. same. 

Sec. 8. Tliat any commissioner who has in his hands 



NAVIGABLE STREAMS. 171 

any money of the fund appropriated by the act of January 
16th, 1836, as aforesaid, without its having been applied 
to the objects thereby designated, shall place the same un- gj^^^jj ^^^^ 
der the control of the board of conimissionci-s in the bank nil runds to 
of Illinois or place required by said act, and upon failure boaid of com- 
to do so, any one of the board is hereby authorised to bring jjli'i^ko'rnr" 
suit in his own name as such commissioner, for such money ncis. 
so illegally detained, and the acts and doings and contracts 
and agreements in relation to the letting the work for the 
improvement of the Saline, made, done, and entered into 
concerning the same in pursuance of law, are hercbycon- 
firmed and made valid, and they shall also be empowered 
to sue and be sued, defend and be defended against, in any 
court having jurisdiction of the subject matter of the suit 
hroushti Provided, that nothing herein contained shall be r>.„. -^^ 
so construed as to operate in any way, on any appropria- 
tion heretofore made out' of the proceeds of the sales of 
the Saline lands to any other county or object than that 
of the appropriation to the improvement of the Saline riv- 
er, in Gallatin county. 

Approved, 4ih March, 1837. 



AN ACT to improve ths Navigation of the Bi Veiniilion. 

la fovce 3d 

Sec 1. Be it enacted by the People of the State of Illinois, '^ 
represented in the General Ai<sembly, Tb.at Th.oma3 ]Mc- 
ilibben, George Y^* Casscdy, Isaac P. Walker, Charles S. CoRimissioners. 
Galusha, William Bandy, Frederick Scarborough and 
Thomas O. Neal, be and they are hereby appointed Com- 
missioners f r the purposes herein after mentioned, with 
power to contract and be contracted with-,*to sue and be 
sued, to plead and be impleaded, and to dojall other acts 
and things, to carry into etrectthc objects o-f'this/act, upon 
the plan, and under the regulations and«*is'trictipns herein 
after pointed out. " i 

Skc. 2. That said Commissioners are atftnorize/l and requi- 
red, so soon as practicable, after the first day ^tf May, A. P"i'^Ryoi"Big 
D. i837, to survey or cause to be surveyed, /all that part ^^^''"'1''°" "^■- 
threof the Big Vermilion river, below the jnouth of the 
north fork thereof, lying within the county ofVermilion, in. 
State of Illinois: and if they siiould deem it practicable to. 
render said stream navigable by slacking the v/atcr with 
dam.s and locks or slopes, then they are to make out a 
written estimate of the number of dams and locks, or 
slopes requireJjthe size of the lock? or slopes, the ncccs- 



172 NAVIGABLE STREAMS. 

sary excavation at such dam, for the admission of boats 
into the locks or slopes, and the amount it will cost to con- 
struct each dam and lock, or slope, and do tlic necessary 
excavation aforesaid; to which estimate shall be added a 
particular statement of the location of each dam and lock, 
or slope, and the height necessary for each dam: Duplicate 
copies of said estimate and statement shall be made out 
Duplicate cop> by said Commissioners, one copy of which shall be recorded 
ies to be recor- in the recorder's office of said county, and the other re- 
® • tained by said commissioners. 

Sec. 3. Said commissioners shall immediately after re- 
cording one copy as aforesaid, make out a correct plat of 
said river, noticing thereon the location of each dam; the 
precise distance between them; and the fall of the stream 
from each dam to the next one below it, a copy of which 
Copy to befiied pjat shall be filed in the Recorders office of said county, 

with recorder. ^ , i i . i ,- 

and a record made tnercot. 

Sec. 4. Sa,id Commissioners, after performing the duties 
required by the preceding sections, shall make out drafts 
of the dams and locks or slopes upon the plan they or a 
majority of them may think most conducive to the free 

Froviso. navigation of said river. Provided, Thnt no draft or plan 

shall require a greater sum to execute it than is set forth 

„ , in the recorded estimate; said commissioners shall then 

May contract. i -ji i i p i r 

contract separately with each and every ot the owners oi 
the land where the ditferent dams, and locks, and slopes 
are to be constructed, for the construction of the same, 
together with the necessary excavation for the admission 
of boats according to the plan or draft by said commission- 
ers previouslj; made out, in v/hich contract the conlractor 
shall bind himself under a penalty of%double the amount 
PeHaltyofcon-^jr ^^^g|. Qf ^j^g work, for which he contracts for the entire 

tractor. , . ^ , i i i • i /■ i • i • 

completion oi the work, by himsell, his licirs or assigns, 
within eighteen months from the date of the contract, ac- 
cording to th(*plau of the commissioners, which shall be 
set out in said contract: There shall also be added to said 
contracts, covenants that the said owner or owners, his, 
her or their heir**ind assigns, shall and will at all times 
keep said dam and lock, or slope, for the building or con- 
structing of which, he she or they have contracted, in good 
repair and in readiness for the passage of boats: All of 
which contracts shall descend and run with the land, 
where the d'am and lock, or slopes, are built. The con- 
t>BsideratioB. sideration for which building, construction, and excavation 
as albresaid, shall be the free and undisturbed use of the 
water where the dam and lock, or slope, are to be built, by 
the person or persons contracting to build the same, their 
theirs and assigns, for hydraulic purposes. 



NAVIGABLE STREAMS. l73 

Sec. 5. If the owner or owners of any land where a 
dam and lock, or slope, are to be constructed, shall not 
contract with said commissioners as aforesaid, within one 
month after he, she, or they, maybe required, said com- 
missioners are authorised to contract with any other per- 
son or persons for the completion of tlie work in the same 
manner as is herein before pointed out. In all such cases, 
said commissioners are required to value so much land on 
the bank of the river, belonging to said person or persons, 
failing to contract, as will be necessary for the erection of Failing to eoo- 
machinery upon the dams, or slopes aforesaid; and the 
necessary accommodation of the same; and by deed con- Convey by 
vey said land to the said contractor upon his paying to deed. 
the owner or owners thereof, the appraised value of said ^PPji^aJJ ^*'' 
land, which deed shall operate to vest absolutely in said "° 
contractor and his heirs, a title in fee simple to said land. 

Sec. 6. When the land on the different sides of the riv- 
er, where any dam, or lock, or slope are to be built, shall 
be owned by different per;ons,the commissioners shall con- Different own 
tract with the person or persons owningthe land on either "'^^ 
side of the river who will bind himself or themselves to 
pay the largest sum of money, over and above the estima- 
ted cost of the particular work — which sum over and 
above the the estimate cost as aforesaid, shall, when collected 
be applied by said commissioners to defray theexpensesin- 
■curred'by them in discharging the duties required by this act 

Sec. 7, Said commissioners shall have power to employ 
a competent engineer, to assist them in carrying into ef-Com.may »m- 
lect the requisitions of this act: for whose services, said ploy assistants - 
commissioners shall pay out of the per centage hereinafter 
mentioned. 

Sec. 8. Said contractors shall each pay to said commis- 
sioners before or at the time of entering into contract, as 
aforesaid, one per cent, upon the estimated cost of the Contractors 
work for which he, she, or they are about to contract, as ^^^^^ pay p" 

. , '', , cent. 

a compensation to said commissioners for theirservices, and 
for the discharge of the expense incurred by said commis- 
sioners in procuring an engineer for the purposes aforesaid. 

Sec. 9. Any person wlio shall v>^ilfuliy break, destroy, ^^ , ^^^^^ 
or injure any dam, or lock, or slope, constructed under injuring, 
the provisions of this act shall be deemed guilty of a high guilty of mis- 
misdemeanor, and upon conviction thereof, shall be fined p^jJJ^g^^""'^' 
in any sum not less than fifty, nor more than one thousand 
dollars; and if any person whomsoevei- shall erect a dam, 
pier, wier, bridge, aljutment, or any thing else by which 
the navigation of said river shall be injured, or the hydrau- If inj"r« navi- 
]ic privileges herein mentioned, shall be injured or lessen- ^^^^'""^'^ indict- 
ed in value or the enjoyment thereof in any manner dis-ed. 
turbed, such person shall be indicted as at common law- 



174 NAVIGABLE STREAMS— NAi^ES. 

for erecting a common nuisance, and shall, on conviction 
thereof, be fined in any sum not less than fifty nor more 
than one thousand dollars, and it shall be the duty of the 
Dutyof circuit cij-cuit court, before whom any conviction shaU be had,to 
Duty of sheriff, order the sheriff of the county with his "posse commetatus" 
to proceed to the place and eliectually abate such nuisance, 
and such person shall, moreover, be liable in a civil ac- 
tion to the persons injured, foi all such damages and in- 
jury that may have been occasioned by such obstructions 
or impediments aforesaid, together with costs of suit. 

Sec. 10. Said commissioners shall have power to sue for 

all breaches of contracts under this act, pertaining to the 

final completion of all the dams and locks, or slopes, and 

necessary excavations required herein; and when all of 

When works Said works arc completed, said commissioners are to assign 

.are completed, by endorsement thereon without liability, all contracts 

made under this act to the county commissioners of the 

county in which such v/orks are; afterwhich all of saidco 

tracts shall be sued by said county commissioners,when 

violated said commissioners shall also deliver to said county 

Commissioners commissioners all drafts, estimates and accounts which they 

shall deliver all may have in their possession, relating to the contracts un- 

drafts, &c. ^^j. ^j^jg act; and from which t'me their duties shall cease. 

Sec. 11. In all cases under this actofa similar nature, 

Writs of. the law regulating proceedings under writs of ad quod 

damnum shall be applicable to the same. 
Ac repealing ^^c. l2. That the act repealing an act declaring the 
shall not be Big Vermilion a navigable stream, shall not be construed 
construed to, to have any application to this act or any of the provisions 
thereof. 

Approved, 3d March, 1837. 



In force Jan. -^-^ ACT to change the name of V^'atson Jaroes Philley, 

l6, 1837 

Sec. 1. Be it enacted by the people of the Slate of Illinois, 

represented in the General Assembly, That Matthew Cyrus, 

of the county of Morgan, having adopted Watson James 

Philley as a son, it is hereby declared that the name of 

Name changed the said Watson James Philley be changed to Watson 

l^/^'^'T''"^ James Philley Cyrus, and by that name he is hcrebv de- 

I'hiiiey Cyrus clared able and capable in law to purchase, hold, 

aad powers grant and convey real and personal property, and to sue 

and be sued, and to do all other acts as fully and effectually 

as he could do by his former name. 

Approved 16th January, 1837. 



NOTARIES PUBLIC AND JUSTICES OF THE PEACE. 17^ 

AN ACT to alter the name of William Lock, In foi'ce 18tl» 

Feb. 183T 

Be it enacted by the people of the State of Illinois repre- 
sented in the General Assembly, That William Lock, of 
the county of Morgan, shall hereafter be called and known 
by the name of William W. Hobbs, and by the name of 
William W. Hobbs shall sue and be sued, plead and be 
impleaded, defend and be defended, in all courts of law 
and equity, and in all other places; and by the name of Wil- 
liam W. Hobbs make all contracts, do and perform all 
legal acts of whatsoever character, name or description: 
Provided, That nothing herein contained shall affect any 
contract heretofore entered into, or any other legal acts 
<ione and performed by the said William Lock. 

Approved 18th February, 1837. 



AN ACT to change the name of Free Frank. Irt force IStJi 

Jan, 1837 

Sec. 1. Be it enacted by the people of the State of Illi- 
nois represented in the General Assembly, That the name of 
Free Frank, of the county of Pike and State of Illinois, 
be and is hereby changed to that of Frank McWorter, by JJ^Fm^k''"]^^'^. 
which latter name he shall hereafter be called and known, Wortie 
and sue and be sued, plead and be impleaded, purchase and 
convey both real and personal property in said last men- Powers, &c, 
tioned name, and the children of said Free Frank shall 
hereafter take the name of their father, as changed and 
provided for by this act. 

Sec. 2. This act to be in force from and after its 
passage. 

Approved 19th January, l837. 



AN ACT to amend an act entitled "an act for tlie appointment of No- In force 16th 
tarles Public," approved December SOth, 1828. Jan* 1837 

Sec. 1. Be it enacted by the people of the State of Illi- 
nois represented in the General Assembly, That it shall be ^Jovernor by 
the duty of the Governor, by and with the advice and con- and consent of 
sent of the Senate, to appoint in the town of Chicago, Senate to ap- 
county of Cook, two additional notaries public, whose f"'."' V^°,"°" 
duties and term ot service shall be the same as arc now caso 



I'YQ PROBATE JUSTICES. 

Term ofaeiTica regulated by the act to which this is an amendment, any 
law to the contrary notwithstanding. 
Approved 16th January, 1837. 



re Tir u AN ACT to appoint an additional Notai-y Public and Justice of the Peace 
8d 1837 ' ^°' '^'° counties of Morgan and Greene, 

Sec. 1. Be it enacted by the peojile of the Stale of Uli- 

nois represe7ited in the General Assembly, That it shall be 

Notary public the duty of the Governor, by and with the consent of the 

in Beardstovvn ggnate, to appoint One notary public in the town of 

Beardstown, in Morgan county, whose duty and term of 

Term of service service shall be the same as are now regulated by law, any 

law to the contrary notwithstanding. 

Sec. 2. That there shall be elected one additional 
J^fsS°oTpeace justice of thc peace in the town of Carrollton, in Greene 
inCarroiiton county; said election shall be holden, on the first Mon- 
nnd when j^y in May next, at the court-house, in the town of Car- 
rollton, and shall be conducted in all respects as otl;ier 
elections for justices of the peace, and shall be commis- 
sioned and qualified, and hold his office until the next reg- 
ular election for justices of the peace in this State. 
Approved 3d March, 1837. 



In force, 4 th AN ACT to provide for the election of Probate Justices of the Peace. 

March, 1837. 

Sec. 1. Beit enacted by the people of the State of Illinois, 
represented in the General Assembly, That from and after 
the first Monday in August next, so much of an act enti- 
tled "an act relating to courts of probate," approved, Jan- 
uary 2d, 1829, as relates to the establishment of courts of ; 
Probate in the several counties in this State be, and the 

Act repealed, same is hereby repealed. 

Election, when Sec. 2. An election shall be held on the first Monday 

held. ij^ August next, also on the first JMonday in August in the 

year of our Lord, 1839, and on the first Monday in August 
in every fourth year thereafter, for the purpose of electing 
one additional justice of thc peace for each county, to bo 
styled by way of eminence and distinction, the probate jus- 
tice of the peace,of their respective'counties. The said clec- 

How conduct- tion shall, in all respects, be conducted and returns thereof 

ed°^^ "" to made in a manner provided or to be provided by law in 



PROBATE JUSTICES. 177 

tiic case of the election of justices of the peace. The said 

justices of the peace so to be elected under the provisions 

of this act shall hold and keep their oflices at the county 

seats of their respective counties, and shall take the same 

oath in the same manner and give like bond and securitj Shall give bond 

as are required of oiher justices of the peace. security. 

Sec. 3. Said probate justices of the peace are hereby 
vested with the same powers and jurisdiction in civil cases Pow r of. 
conferred by law upon other justices of the peace, and in 
the exercise of said power and jurisdiction, the rules of 
law which now are or hereafter shall be applicable to or- 
<linary justices of the peace, shall be applicable to the jus- 
tices of the peace hereby created, and to all proceedihgs 
before them, growing out of such power and jurisdiction, 
and appeals may be taken and ccrtioris issued and prose- 
cuted in the manner provided in cases of appeals from jus- 
tices of the peace. 

Sec 4. The said justices of the peace hereby created, 
shall also have jurisdiction of all cases of debt and rz5- Junscilction of. 
sumpsit, express or implied, where executors or adminis- 
trators shall be a party, plaintiff, or defendant, and when 
the amount on either side claimed to be due shall not ex- 
ceed one thousand dollars. 

Sec. 5. In addition to the judicial powers ton ferred in 
the preceding sections, the said probate justices of the 
peace shall have, possess, and exercise within their respec- 
tive counties, the following ministerial powers, to wit: 

1st. Power to administer all oaths or affirmations con- Minlsieiial 
cerning any matter or thing before them. powers 

2nd. To issue and grant letters of administration, let- 
ters testamentary, and letters of guardianship, and repeal 
the same. 

3d. To take probate of wills, and record the same. 

4th. To determine the person or persons entitled to let- 
ters of administration, or to letters testamentary, and in 
general, to do and perfoim all things concerning the gran- 
ting of letters testamentary or of administration or of guar- Guardianship, 
dianship, which the judge of probate may do by the exist- 
ing lavv^s. 

5th. To receive, lile and record inventories, apprais- 
ment bills, and sale bills, as is required by the existing 
laws. 

6th. To require executors, administrators, and guar- 
dians to exhibit and settle their accounts, and to settle lor 
the estates and property in their hands, and for that pur- 
pose they may issue citations and attachments into every 
county in this State, to be executed by the sherilT of the gy sheriff oi: 
said counties; and county, 

7th. To do and perform all other acts of a ministerial 
X 



17S PROBATE JUSTICE3. 

character which the judges of probate are now authorised 
to perform in their respective counties. 

Sec. 6th. If it should become necessary to use copies of 
the proceedings had before such justices of the peace un- 
der the ministerial powers aforesaid, or any of them in any 
other state or territory, the parties interested therein may 
procure a transcript thereof, and on motion the same may 

To be filed ill bc filed in thc clerk's office of thc circuit court, and shall 

clerk's office, jjg considered a matter of record in said court, and copies 
thereof may be certified as other records of said court are 
or may be. 

Sec. 7. The said probate justices of the peace are here 

Powers vested ]^y vested with all the judicial powers heretofore exercis 
ed by the judges of probate, but in all cases of the exer 

k., „ , cise of such judicial powers, the said iustices of the peace 

v^nall report to ,, •^' . T i • " i 

circuit court. Shall report their proceedings therein to the next term ol 

the circuit court of their respective counties on the first day 

thereof, for approval or rejection of such circuit court, 

Tobeapprov and if such proceedings shall be approved by the circuit 

ed by judge, court, the samc shall be considered as a matter of record 

in said conrt. 

Sec. 8. The probate justices of the peace when acting 
£;jj^[]g(^] i(j Cggj as ordinary justices of the peace, shall be entitled to the 
fees allowed by lav,' to justices of the peace for simitar ser- 
vices, and when acting under the powers heretofore exer- 
cised by judges of probate they shall be allowed such fees 
Fees of judges ^s wcrc allowed to judges of probate. _ 
ofprobate. Sec. 9. So Eoou as the said probate justices of the peace 

Duty of judges shall be comtnissioned and qualified, it shall be the duty of 
of. the judges of probate to deliver overall the books, papers 

and documents, of every description whatever, belonging 
to tlieir oftlccs to the probate justices of the peace, elect- 
ed for their respective counties. 
. , ,1,. Sec. 10. An appeal shall bo allowed from the procced- 
edfiom, ings ot such probate justiccK of tiie peace in the exercise 

of their ministerial power aforesaid, in the same manner 
that appeals were taken and prosecuted fr-m the ])rocccd- 
jngs of judges of probate. 
"Ai'phoveo 4th March, 1037, 



AN AC'T coi'.cciniiig process. 

Ill force May 

la, 1837 g^^^ j^ j2e U enacted bij (he people of the SUite vf Illinois, 

represented in the General .ds.se7nbh/, 'i'hat from and after 
the first day of May next, all process issuing from the cir- 



PROCESS.— PUBLIC PRINTER. I79 

cult courts shall bear test in tlie name of the respective 
clerks issuing the same. 

Sec. 2. So much of the eleventh section of an act sup- 
plemental to the act entitled an act regulating the su- 
preme and circuit courts, approved January I9th 1829, 
and so much of the first section of an act concerning prac- 
tice in courts of law^, approved January 29th 1827, as re- 
quires process to bear test in the name of the presiding 
judge be, and the same is hereby repealed. 

This act to take effect and be in force from and after the 
first day of May next. 

Approved 25th Fel)ruary, 1837, 



AN ACT to legalise ceitam process in tiic^ii ami 5tli judicial circuits. J,, f^jy^^ j^n. 

uary 19, 1837. 

Sec. 1. Be ii enacted by the people of tke State of Illinois, 

represented in the General .Assembly. That all process off'"°*^*" 3d ju- 
,„u 4. 7 • J J •„j* • . ? u II r 1 dicial Circuit, 

Whatever kind or description, issued by any clerk of the 

circuitcourtintheSd judicial circuit, since the resignation of 
the honorable Jeptha Hardin Judge thereof, or which may 
hereafter be iss-aed in the same, bearing test in the name 
of said Judge, or of any such clerk, or of any other per- 
son or officer, shall be, and the same is hereby declared to AH process 
be good and valid in law in respect to such test; and no ^°°'^^"'^^^^^'^* 
such process shall be quashed, set aside, or held to be null 
and void for any such cause. 

Sec 2. The provisions of the foregoing section shall 
apply to process issued, or which may be issued in the 5th 
judicial circuit of this State, subsequent to the resignation 
of the honorable Richard M. Young, Judge of said cir- 
cuit. 

Approved January 19, 183?, 



AN ACT in relation to the Pablic piuUer. Lj fbrcs March 

4tb, 1837. 

Sec. 1. Be it enacted by the people of tlie Stale of Illinois, 
represented in the General Assembly , That the public printer Time allowed 
or printers shall be allowed forty days from the adjourn- "ajg"^*"' ''°"'" 
mcnt of the legislature, to complete the printing of the 
journals, any law to the contrary notwithstanding. 

Appkovbd March 4, 1837. 



180 RECORDERS AND CLERKS OFFICE— RELIEF. 

In fo.-ce I.5ih AN ACT for the erecting a recorder and clerk's office, in Sangamon eountv. 
Feb. , 1837. 

Dutvof the ^^^' ^' ^^ it enacted by the people of the State of Illinois f 

countycommh- ^'cp>'^(">^^^^ in the General Assembly, That it shall he, and is 
sioners clerk to licrcby made thc duty of" the county connnussioners court 
"is'to\S°an °^ Sangamon county, at the next March term of said court, 
office fire proof to make an order requiring the clerk of said county, to 
a.id give notice give public notice that he will receive proposals until the 
thereof, ^j.gj- ^^^ Q^p v^^y f,ex^ {qj. ^\^q building a recorder's and 

clerk's office for Sangamon county fire proof, of such size 
and dimensions as the commissioners of said county may 
direct, and it shall thereupon become the duty of said 
clerk to give such public notice for at least thirty days 
before the said first day of May next. 
Countyroin- Sec. 2. The Said county Commissioners court shall, after 
inissioners to the receivingof said proposals, at the next Juncterm of said 
tracT author-" ^^^^*t orat a special term to be held for that purpose, ori 
jsedtohoid thc first Monday in May, proceed to contract with the 
special tern), person proposing to erect said oflices for the least sum, and 
CpuntycQtii- should there not be found in thc Treasury of said county 
Gourt°aii*thor- ^^ Sangamon, sufficient to build said offices, then and in 
ised to boriow that casc tlic county commissioners of said county of 
money.' Sangamon be and they are hereby em.powered to borrow 

upon the credit of the county of Sangamon, so much mon- 
ey as will complete thc said offices. 
Where office to Sec. 3. That Said officcs shall be erected upon the north 
be erected. yvest corner of the public square, immediately south of the 
market house. 

Approved l5th Februai-y, 1837, 



In force 10th AfJ ACT for tlie relief of the iufaiU heirs of Ezekie] Good, deceased. 

February, 1837 

Sec. 1. Be it enacted by the people of the State of, Illinois^ 
KKscutoYB of E represented in the General Assembly, That the executor or 
Good deceased ^xecufors of the last wiU and testament of Ezekiel Good 
bond witif se- deceased, upon filing a bond with the judge of probate of 
curity with the Macoupin county payable to the people of the State of 
judgeof probate juinois, for the use of the heirs of the said Ezekiel Good 
deceased, with such securities and in such sum as may be 
approved of by the said judge, conditioned for the perfor- 
mance of the duties enjoined on them by this act, are 
Authorised to hereby authorised to lay off into town lots if it appear 
layoff town rnost advantageous to the said heirs, the following tract of 
sVao Ton^7land, viz: thirty acres ofF the west side of the west half of 
p, to make sale the south east quarter of section twenty-eight, in township 



RELIEF. 181 

ten north of range seven west of tlie third principal me- and notice 
lidian, ani to sell at public vendue upon giving lour weeks thereof. 
previous notice of the time and place of sale, in some 
public newspaper printed in this State, all the right, title, 
and interest of which the said Ezekiel Good died seized, 
in and to the same, either on credit or for prompt pay- 
ment, as the said executor or executors may think best, 
and to make sufficient deeds or conveyances to the pur- To make deeds 
chasers thereof, for the same. to puichaseis . 

Sec. 2. That the said executor or executors shall pay Executor to 
over to the lawful guardian or guardians of Sally Ann ^uardTan an 
Good, Mary Elizabeth Good, Minerva Stevens Good, and monies arising 
Thomas Henry Good, infant heirs of Ezekiel Good de- ^'^°'^ ^^i«- 
ceased, all the money arising from the sale of the said 
land, and take their receipts for the same, and the said 
guardians shall be chargeable therewith as in other cases, ^"*^ °^ S"ar- 
and shall lay out the same if necessary, for the support and 
maintenance of the said heirs, provided hozoever, if the Pjoviso. 
personal estate is insufficient to pay off the debts of the 
said Ezekiel Good deceased, then and in that case, the said 
executor or executors shall use the proceeds of said sale, 
or so much thereof as necessary for the payment of the 
said debts, provided also, That the said executor or cxecu- Further proviso 
tors are hereby empowered to convey by deed or other- 
wise, to the county commissioners of Macoupin county, 
and their successors in office one acre of land as near as 
may be in a square, in the southv/est corner of said thirty 
acres, to be used as a burying ground, and so as to include 
the graves already in said land. 

Sec. 3. This act to be in forcefromand after its passage. 

This bill having remained with the council of revision 
ten days, (Sunday excepted) and the general assembly be- 
ing in session, it has become a law, this 10th February 
1837. A. P. FIELD, 

Secretarv of State. 



AN ACT for the benefit of Tliomas G. 13, S. Kirkman, infant son of Thomas la force Dec. 
C. Kirkman-. 6,1836. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Thomas C. Kirk- t.C. Kirkman 
man be and he is hereby authorized to bargain and con- authorized to 
vey away by such deed of conveyance as may be agreed q^^"^^^^,^^* 
upon by the parties, all the title, claim and interest of man. 
Thomas G. E. S. Kirkman, infant son of Thomas Kirk- 



low to invest 
proceeds 



182 RELIEF. 

man, has in and to the south west quarter of section 
thirty two, township one south, range four west, and the 
north cast quarter of section twelve, township five north, 
range two cast, both of said tracts lying and being in the 
mihtary tract, in the State of Illinois. 

Sec. 2. Said Thomas C Kirkman, so soon as he shall 
1^ . cflfcct a sale of said lands, is hereby authorized andrequi- 

ou'to imest j.^^^ to vcst the proceeds of said sale in the best pos- 
sible manner for the interest and advantage of the said 
Thomas G. B. S. Kirkman, in other lands or otherwise, 
as may seem to him right and just. 

This act to be in force from and after its passage. 

This bill having been laid before the Council of Revision, 
and ten days not having intervened before tiie adjournment 
of the General Assembly, and tiie said bill not having been 
returned with the objections of the Council, on the first 
<day of the present session of the General Assembly, the 
fame has become a law. 
•Given under my hand the Gth day of December, 183G. 

A. P. FIELD, 
Scccrrtary nf State. 



V . ^ . AN ACT for the i-elit;f of Charles J. Weed. 

In force Jan. 
27 1837. 

Sec. 1. Be it enacted by the People of the State of lUinoisi 
C. J. Weed represented in the General Assembly, That Charles J. Weed, 
&.C. authorized his heirs and assigns, be and they are hereby authorized 
to build and ^Q huM and continue a mill dam, on the Skillet fork of the 
dam'oirthe '"" Lif-t'c Wabash, at the mill shoals, on the west half of the 
iskiiiet fork ofsouth v/cst quarter of section twenty, in town three south, 
Little Wabash ^^^j.j^j^jT.g gjorht cast, or on the north east quarter of the 

r • • • 1 

Near the place south east quarter of section nineteen, m town three 

where the late south, of range eight east, at or near the place where the 

Prov-'o" ^^°°^ ^^^^ '^"'^'^ ^^^ stood, provided, such dam shall be built 

Furtheiprovisn witliin three years from this date; provided also, That said 

dam shall not be built more than eight feet high, with an 

apron of twenty feet slope, from the top of saiJ dam which 

may be built with stone or timber. 

Approykd, January 27, l837t 



AN ACI* to amend an act Jbr the benefit of the widow and heirs of Asa In force, Feb. 
i^eubetter, deceased . xJO, 1837. 




ceased, be and she i.s hereby authorized to sell the west 
half of the north cast quarter of section thirty four, town- 
ship twelve north, ran^'e four east, in Shelby county, with 
all the improvements and appurtenances thereon. 

Sec. 2. So much of the act to which this is an amendment 
as autliorized Margaret Lcdbetter to sell the west half of 
ihe south east quarter of section thirty four, township Former act re- 
twelve north, range four east, be and the same is hereby ^"^ * mpait. 
repealed. 

This bill having remained v/ith the council of revision 
ten days, (Sunday excepted) and the General AsssembJy 
being iu session, it has become a law, this 20th February 
1837, 

A, P. FIELD, 
Secretary of State. 



In force Feb. 
AN ACT for the relief uft^he hsirs of IMason Faine and Michael Dillovv. 2fi igS?" 

Sec. 1. Be it enacted by the People of the Stale of Illinois^ 
represented in the General Assembly^ That the Guardian of Guardian of JVI 
the heirs at law of Mason Payne, on filing with the Judge ^^3"^, upo" 
of the county of Macon, a bond with good and sufficient ^'^'"° 
security, to be approved of by said Judge, conditioned 
for the true and faithftil discharge of the duties enjoined 
by this act, and that the Guardian of the said heirs fit 
law will well and truly pay over to said heirs, all monies ,, , ' 

r ^L i,-,'i 1 1, ?.i • may sell lands- 

arising irom the saies oi ceitaui lands and town iocs iieiem a.ud lots. 
authorized, and shall do and perform all other duties de- 
volving upon her by virtue of this act, shall be and is 
hereby empowered U) sell at public sale, (at such timeas 
may be agreed on by said Guardian and Judge of Pro- ^^nd make 
bate,) and convey by sufficient deed or deeds, the fol- deeds. 
lowing, tract or lot of land viz: Beginning at the cor- 
ner stake of the east half of the south cast quarter of 
section number eleven in township number nineteen 
north, of range one east, of the third principal meridian 
line, running south with said line forty poles, thence west 
twenty poles, thence north forty poles, thence east twen- 
ty pole;-, to the beginning corner, containing five acres, 



J 84 RELIEF. 

together with the saw and grist miils bcir.g erected thereon 
and ail other appurtenances thereunto belonging. 

Sec. 2. And be, it further enacted^ That the said Guar- 
dian of the heirs at law of the said Mason Payne, is 
To make deeds hereby empowered to make good and sufficicient deeds, 
with E"''S'im- ^^ conjunction with Elisha Butler, to any or all of the 
to lots in Frank- lots in thc town of Franklin, in the county of Macon, 
lin which were sold in copartnership, nj the said Mason 

Paine and Elisha Butler; and the said Guardian is here- 
by authorised and empowered to sell and convey by good 
and sufficient titles, in conjunction with the said Elisha 
Butler, at such time and in such manner, as may be 
thought advisable, by the said Guardian and Judge of Pro- 
bate, all or any number or part of such lots as may re- 
Pj,o,,;go main unsold in thc said tov/n of Franklin, /;rot'/aW however. 

That the said Guardian shall have first given bond with 
security, to be approved of by the Judge of Probate for 
the county of Macon, for the faithful application of the 
proceeds of such sales, to the benefit of the said heirs. 
Funds how a p- ^Ec. 3. The moncy arising from the said sales, shall be 
plied chargeable in account with the said heirs to the said Guar- 

dian, and shall be laid out by the said Guardian to the 
best advantage of the said heirs, in other real estate, or 
put at interest as may be thought most advisable by thc 
said Guardian. 
M, Diiiow's Sec. 4. And he it further enacted, That Matthias Shu- 

administiatrr] man. Administrator of thc estate of Michael Dillow, be 
authorized to ^ j^^ -^ j^gj-gj^y authorized to convey and make a deed 

C0iivGVJ3.nns *^ *' 

of General Warranty, to the purchaser of thc north east 
quarter of the southeast quarter of section number four iti 
township number sixteen north, range number three eastof 
Proviso ^'^^ third principal meridian line in thc county of Macon, 

provided, That the said Matthias Shuman shall have first 
given a bond with security, to be approved of by the Judge 
of Probate for thc county of Macon, that thc proceeds 
shall be vested in other real estate, shall be for the exclu- 
sive benefit of the heirs of the said Michael Dillow. 

This act to take effect and be in force from and after its 
passage. 

This bill having remained with the council of revision 
ten days, (Sunday excepted) and the General Assembly 
being in session, it has become a law, this !20th February 
IS37. A. P. FIELD, 

Secretary of State, 



RELIEF. 185 

AN A<,'T for the relief of the clerk of the county commissioners eourt of In force, 27 th 
Franklin county. Feb. 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly^ That it shall and maj 
be lawful that all lands lying in die county of Franklin on Lands in 
which taxes are due and unpaid, and which by virtue of J^'ankiin. 
an act approved February 27th 1833, would be subject to 
~ale for the taxes due thereon, on the (irst Monday in 
March next, that the clerk of said county is liereby legal- „, , . 

, . > . , 1, 1 ,. r- /t^ 1 ■ T»i Clerk author- 

ly authorised to sell the same on the nrst i>ionday m iVlay isedtoseii. 
next, by making publication of said sale in all respects 
previous to the sale of the same, as required by law. 

Sec. 2. And the clerk of the county commissioners 
court of Franklin county, shall hereby have until the first 
./k/onday in June next, to make his return to the Aiditor- (^,^^.1^ ^^^ 
of public accounts, and pay over the whole amount ol tax- over taxes, 
es due on said lands into the State Treasury as is now pro- 
vided by law. 

Sec. 3. All lands v/hich may be sold for taxes under the 
provisions of this act, arc hereby declai'ed valid in every 
respect as if the same had been sold under the provisions 
of the above recited act, any law to the contrary notwith- 
standing. 

This act to take effect and be in foree from and after 
its passage. 

Approved 97th Feb., 1837. 



AN ACT for the relief of the infant heir of James Woodside, deceased . In force Feb. 

28 :h, 1837. 

Sec. 1 . Beit enacted by the people of the State of Illinois, 
represented in the General Assembly^ That the guardian of the q^^^^^- 
infant heir at law of James VVoodside late of Pcry county pointed. 
deceased, so soon as one may be cippoinled by the court of 
probate of said county, be and he is hereby authorised to 
sell at public or private sale, after giving reasonable notice 
of the time and place thereof, the west half of the north 
cast quarter of section seven, in township six north, of 
ranee two west of the third principal meridian, of which ^ 

,, "-^ -IT Txr !•! 1 11-j • 1 1 1 o make sale 

the said James VVoodside deceased, oicd seized and pos- ^f ij^„^_ 
sesscd, on such terms as to the said guardian may seem best 
for the interest of said heir, reserving however from said . 
sale, one quarter of an acre of said land on which there is 
a horse mill erected with ihe improvement thereon. 

Sec. ii. The said guardian shall vest the proceeds of 
sciid land in other government lands, suitable fcr cultiva- To vest pro. 

Y ceeds. 



186 RELIEF. 

tion, to be entered in the name of the heir at law of said 
James Woodside deceased, at any land office in this State, 
To make re- and make return of his proceedings herein, under oath to 
the court of probate in £ reasonable time after said sale. 
Approved Feb. 28th, 1837. 



Ill force Iflth 
Feb., 1837. 



AN ACT for the benefit of James A. Clark administrator of the estate of 
Benjamin A . Clark deceased . 



Administrator Sec. 1. Beit enacted by the people of the State of Illinois^ 
of B v\9.xk ri\- represented in the General Jlssembiy^ '1 hat James A. Clark 
lowed fmthpr administrator of the estate of Beniamin A. Clark deceased, 

tHT16 to collect 

taxes. ho and he is hereby allowed one year from and after the 

passage of this act, to collect the amount that may be due 
on the sheriffs books of said B. A. Clark deceased, by suit 
or otherwise. 

Sec. 2. This act to be m force for one year from and 
after its passage, and no longer. 

This bill having remained with the council of revision ten 
days (Sundays excepted) and the general assembly being 
in session, it has become a law, this ilth day ot February 
A.D.I 837. 

A. P. FIELD, 

Secretary of State. 



In force 27th ^'^ ACT for the relief of the Iieirs of John Thompson deceased. 

Feb. 1837. 

Sec. 1 . Be it enacted by the people of the State of llliyioig^ 
represented in the General Assembly , That Samuel Hill, guar- 
dian of the infant heirs of John Thompson deceased, late 
of Randolph county, be and he is hereby authorised and 

Guardian to empowered to vest the whole amount of money in his 

vest money. hands belonging to said heirs, after payment of the 
debts against the estate, in wild lands for the use of the 
said heirs when they arrive at full age, and the said Samuel 
Hill, upon making said investment, shall make a true re- 

Toinakereturn ^^p^ ^^ |.j^g judge of probate of Randolph county, of the 
amount of money invested, and the lands entered for the 
use of the said infant heirs,and such return shall be delivered 
in upon the oath of the said guardian, and filed in the of- 



RELIEF. 187 

fice of the said judge of pi-obate, and the said guardian 
shall file a bond in the office of the judge probate of said To file bond. 
county, in surh sum and with such security as shall be ap- 
proved of by the said judgcof probate, for the use of said in- 
fant heirs, conditioned that he will comply with all the provis- 
ions of this act. 

Sec. 2. This act shall be in force from and after the 
passage thereof. 

Approved 27th February 1837. 



AN ACT fo): the relief of William Armsti-ong, Eenjamin Chesney^ and r /• . -vr u 
i^''ii'« . i!„ -, . All lore© ivi&rcn 

NV uliain lieuson. . . ,o.,^ 

•itU loo I. 

Sec. 1. Be it enacted by the people of the State of Illinois, Allowed to 
represented in the General Assembly, That William Arm- peddle, trafBc, 
strong, Benjamin Chesney, and VVilliam Henson be, and ^.' p^'^''^ T^' 
they are hereby authorised to vend, peddle, sell or traliic " " * 
at public auction or private sale, in any part of this State, 
any goods, wares, or merchandise, (clocks excepted) 
without being required to obtain a licence as now required 
by law. Provided, nothing herein contained shall ^luthor- pi-ovi*©. 
ise the vending, peddling, selling, or trafficing aforesaid, 
unless he or they shall be the bona fide owner or owners 
of the goods, wares, or merchandise thus to be disposed of, 
and provided this act shall not be in force in any county in 
this State, unless the consent of the county commissioners 
of said county be lirst obtained for that purpose. 

The legislature reserves the right to alter or repeal this 
act, whenever the public good may require the same. 

Approved March 4, 1837, 



AN ACT foi- the relief of John Peai-son, admlnlstiator of ihe estaic of Fraii- 

ci3 Friiice deceased. Infoice March 

3d, 1837. 

Whereas John Pearson was appointed administrator on 
the estate of Francis Prince deceased, by thejudge ofprobatc 
of Vermillion county, and for want of time the said estate 
remains unsettled, and whereas the said John Pearson has 
by the present general assembly been elected judge of the 
seventh judicial circuit; therefore. 

Sec. 1. Be it enacted by the. people of the Siats fj/" ///njofs, j^jae of pro- 
represented inths General Assembly, That the said judge of bate" of Ver- 



188 RELIEF. 

million county probatc of Vermillion county be authorised and required 
required to ap - ^Q appoint another administrator on said estate, in the 
adininisiiaton rof^f^i '"^^^ Stead of the said John Pearson, who shall not be 

required further to act as administrator on said estate. 
Shall settle Sec. 2. The said judge of probate shall settle with the 

with J. Pear- said Jolin Pearson admmistrator as aforesaid, and so soon 
*°"' as the said John Pcaison shall settle with and pay over to 

the said judoeof probate, all the money and effects in his 

IfsatisSed with i i ^xi .- r .■ /• ^i -i-j r l^ i 

settlement hands, to the satislactio'i 01 the said judge oi probate, he 
shall give a re- shall give to said Pearson administrator a receipt, to be 
ceipt toLie filed fijgf] r^f^^j preserved in his office, Provided, That for any 
Proviso. liabilities incured by the said Pearson administrator, if any 

Any liabilities ^^ve accrued, shall still remain as before, to the time of 

OI rearsoii to . . , ■ j. r .i • i r i j r 

remain as here- I'eceivnig such receipt irom the judge or probate as alore- 

rofore to the said, and no longer. 

time of leceiv- -^^j^jg j^^j. ^q \^q jj-^ force from and after its passage. 

ing such le- . n r i /-, i i cio-^ 

ceipt. Approved March 2d. 1837. 



In force March '^^ ACT for the relief of John Lcgsdon, Butler Logsdon, Joseph Logsdon, 
1st 1837 Nancy Brown, and Susan VVillianis, 

Seu. 1 . Be it enacted by the people of the State of Illinois 

represented in the General Assembly, That all the rights, 

^ . , . title, and interest, which the State now has, or hereafter 

Certain lots in ' . , \ , ■ i j • i • t-i , 

Shawneetown may acquire, by escheat, in and to in-io!s in ^nawneetown, 
released bj^ known and designated on the plat of said town as in-lots 
Lrrno,/°Jo numbered 1215 and 1216, the estate of John Cox of Shaw- 
J.ogsdon' b/ neetown, deceased, to, and the same is hereby released to, 
Logsdon, and and conferred in and upon John Logsdon, Butler Logs- 
others ^^^^ Joseph Logsdon, Nancy Brown, and Susan Williams, 
of the State of Illinois, in equal and corresponding 
shares. 

Sec. 2. The said John Logsdon, Butler Logsdon, Jo- 
seph Logsdon, Nancy Brown, and Susan Williams shall 
be entitled to proceed in their own names, in the same 
manner as the state's attorney, in behalf of the state, is 
How said per- authorized to proceed, under an act regulating escheats, 
fons are allow- f^ppj,Qyg(l March Ist, 1^33, and the same process shall 
^^•d7ot°'^*'^'" be awarded to the said releases and confirmers, and judg- 
Shaii be enti- ment had in their names and for their benefits, as the 
tied to full ben- gtate would be entitled to undcr the said act; the court 
MLch T833^'p^'°C"'^*^"'S ^" ^'^ respects by the same rules as are pres- 
cribed in said act, for the regulation of information on 
behalf of the State. 

Sec. 3. It is hereby intended that the rights of the 



RELIEF. 18^ 

unknownheirsofthesaid John Cox, deceased, if any there be, The unknown 
shall stand aiJd f)C' in all respects as they are, under the pro- 'leusofCox 
visions ol" the escheat law of this state now in force. 
Approved 1st March, 18;i7. 



AN ACT for the relief of Elizabeth Ptice, late Elizabeth Buxton. In force March 

6th, 1837 

Whereas, In the year 1831, Elizabeth Benson, of the '^^™ 
county of Perry, intermarried with Charles Buxton, and 
lived with him until the year 1832, when said Buxton 
abandoned her and left the country with the avowed inten- 
tion of never again returning, and the said Elizabeth hav- 
ing heard that the said Charles had gone to the south, and 
departed this life, and believing that information to be 
correct, again intermarried with Monroe Rice, since 
which latter marriage some evil disposed persons have 
threatened to prosecute said Elizabeth for the supposed 
crime of Bigamy; and whereas, if such prosecution 
should be commenced, it might be impossible to procure 
the attendance of witnesses to prove the death of said 
Buxton, depositions in such cases not being evidence, in 
remedy whereof. 

Be it enacted by the pcnple of the State of Illinois repre- iy# . . 
sented in the General Assembly^ That the said marriage tract between 
contract between the said Elizabeth and Charles be and EiizaiethBux- 
the same is hereby dissolved, and the said marriage of said '"n d'-'^sdved & 
Elizabeth and Monroe Rice be and the same is hereby le- marriage of E, 
galized to all intents and purposes, and the said Elizabeth Bi>xtonandM, 
and Monroe are hereby released from all liabilities and ^'*^^ ^"2^"^^'* 
penalties incurred in consequence of their said marriage. 

This bill having remained with the Council of Revi- 
sion ten days, Suindays excepted, and the General Assem- 
bly being in session, it has become a law this 6th day of 
March, 1837. A. P. FIELD, 

Secretary of State. 



190 RELIEr. 

In force 4th AN ACT for the relief of Rene Paul, and othaie. 

March, 1837 

Sec. 1. Be it enacted hy the people of the State of Illinois 

Duty of auditor ^^/"■''•"^'^'''^'^ ^'^ ^^^ ^<^ncrnl Aseembly^ That the auditor of 

pubhc accounts is hereby directed to issue his warrant 

on the treasurer of the state, to be paid from the canal 

©480 *" (nuA in favor of Rene Paul lor the sum oi four hundred 

and eighty dollars, being the sum of four dollars per day 

to be paid to him for the time actually employed in the 

service of the State, under its authority, as engineer in 

surveying and delineating the canal route from Lake 

Michigan to the Illinois river, in the years 1823 and 1824. 

JohnWaddei Sec. 2. There shall be paid to John Waddel the sum 

$45 of forty-five dollars, for a boat furnished, and forty dollars 

for woxli. and labor done for the canal commissioners in 

M Thompson, 18"^3 and 1824; also to Willis Thompson, Elijah Thomp- 

E- Thompson, son, Andrew Waddel, and J. Watson the sum of twenty- 

A'^^'^'^^^':^ four dollars each, and to Lewis Bailey the sum of fifly-six 

each dollars for services rendered the said canal commissioners, 

L. Bailey $56 which shall be in full for all service rendered, to be paid 

out of the canal fund, as provided in the first section of 

this act. 

Aparoved 4th March, 1837. 



AN ACT for the benefit of a person therein named. 
Jn force 2nd 

Sec. 1. Be it enacted by the people of the State of Illi- 
nois repres'^nted in the General Assembly, That the county 
County court commissioners' court of the county of Lawrence in this 
to enter judg- ^j-j^^g^ j^ hereby authorized and required to enter or cause 
thers, satisfied, <o be entered, upon their record a full satisfaction of any 
obtained on re- judgment which may at any time be obtained acrainst 
cognizance Gcorgc W. Carruthers and others, in a cause in which the 
State vs. Mc- people of the state of Illinois are plaintiff, and one Mc- 
Allister Allister, indicted for polygamy in the Lawrence circuit 
court, is principal defendant, or upon any judgment which 
may be obtained upon any recognizance growing out of, 
or connected with, said cause, and the said commissioners' 
court are required to do the same at such time and in 
such manner, that satisfaction and payment shall be al- 
lowed to said Carruthers before said judgment, or any 
part thereof is collected. 
Relief onlv ex- Sec. 2. The relief hereby granted and the satisfac- 

tended to Ca- required to be entered, shall extend onh^ to the said Car- 
ruthers ' 



RELIEF. 191 

ruthcrs, and not to other persons bound, or which may 
be bound, by the same judgment. 

Sec. o. This act shali be in lorce from and after its 
passage. 

Approved 2d March, 1837. 



AN ACT for the benefit oi Mary Myot, infant c aughter of Catherine Myot. In force, 6ih 

Dec. 1837 

Sec. 1. Be it enacted by the Peopleofthe Slate of Illinois rep- 
resented inthe General Assembly.^ That Nicholas Boilviti of the ^''^' *^"" 
county of Cook, half brother and friend oiCatheiine My- 
ot. mother of her only and infant child Mary Myot, on 
filing with the judge of probatoof tlie county of Cook albre- 
said a bond with good and sufficient securities, to be approv- ° ^'^° °"' ' 
edof by said judge, conditioned for the true and faithiul dis- 
charge of the du.ties enjoined by this act, and that as guar- 
dian of said infant heir Mary Myot, he will sell and truly 
account for and invest in other lands and for the education 
and maintainance of said Mary Myot, all monies arising 
from the sale of a tract of land herein authorised, shall be 
and he is hereby appoinicd guardian to the said Mary infant 
daughter ofhissaid sister Catherine Myot, and ishereby em- 
powered to sell and con vcv by sufficient deed or deeds all of '^^^^ ^^^' ^"^ 

,-j 1. i">ii 1 ii ■ 1 ■ c 1 convey. 

a certain tract or parcel of land granted to the said infant 

Mary Myot, by a treaty concluded and agreed upon at 
Prairie du Chien, on the first day of August, 1829, by and 
between the United States on the one part and the VVinnc- 
bago nation of Indians on the other part; the same being six 
hundred and forty acres; or one entire section, and which 
is now about being located; said sale to be either at 
private or public sale, and upon such terms as to credit 
or not to credit as the said guardian may deem proper 
and most beneficial to his said ward. 

Sec. 2. The money arising from said sales shall be char- Proceeds of 
geablein account with his ward to the said guardian, and '^^^^ '=''^S^^^^* 
shall be laid out by him to the best advantage in other lands 
and the maintainance and education of her his said ward. 

Sec 3. The said Eoilvin, guardian as aforesaid, shall be 
allowed a reasonable allowance for the care, charge and ^^nip^^s^^'"" 
maintenance of his said ward; and when she arrives at the *° ® ^ °^® 
lawful age, then the said guardian shall be required faith- 
fully to account with hi-! ward for the manner in which he 
may have managed her af!;iirs. 

This act to betake effect from and after its passnge. 

The foregoing bill having been laid before the council of 



192 RELIEF. 

revision and ten days not having intervened before the ad- 
journment of the General Assembly, and the said bill not 
having been returned with the objections of the council on 
the first day of ihe present session of the General Assembly 
the same has become a law. 

Given under my hand, the 6th day of December, A. D. 
1836. 

A. P. FIELD, 
Secretary of State. 



In force Dec. AN ACT for the benefit of the'widow an'J heirs of Pleasant Sheapheard decM. 
6, 1837. 

Sec. 1. Beit enacted by the People of the State of Illinois, 
Anna Sheap- represented in the General Assembly, That Anna Sheap- 
beard autiion heard of Montgomery countv, be and she is hereby au- 

zed to sell lauds , . , , ^ •' , •' ,. j. . . ^ -^ , : • 

of Pleasant thonzed and empowered, as guardian lor the miant heirs 

Sheapheard, of Pleasant Shcaphcard, deceased, to sell all the right 

^^•^'^z '''°'"^®"^' title and interest of saidheirs, in and to the west half of 
ntonnlaut , , r ,• I J2 r • ^ 

heirs. the south cast quarter oi section number hlteen, in tov^^n- 

ship number nine north, of range number five west of the 

third principal meridian, in the district of lands sold at 

Edwardsvillc in this State, and which descended to the 

orexchang" Said infant heirs, or she may in her discretion exchange 

their interest their interest therein for other lands. 

foro.heriad. gp^. 2. That the said Anna Sheapheard, upon filing 

lonle bond , ,.i,iti rni r^i, ^r o 

with securities bond With the Judge of rrobate of Montgomery county, 
wiihJudgeof with one or more sufficient securities to be approved of by 
Probate. g,^-^ judgc lo said infant heirs in such sum as the said judge 

Condition of probate shall deem sufficient, conditioned to faithfully 
thereof. account for and apply the proceeds of the sale of said lands 

of said infant heirs, investing the same in the purchase of 
other real estate for their benefit, under the direction of 
said Judge of Probate of said county of Montgomery, and 
Proviso. provided also, thai if the said Annei Sheapheard shall ex- 

Ifshemakesan ^.|-|jj^,-,gg j-j^ggaij lands, as she is herein authorized to do, 
necessary "to tl^^n it shall not be necessary for her to give bond as re- 
give bond, quired in this section. 

If she makes a Sec. 3. And that the said Anna Sheapheard, upon filing 
sale or ex- such bond as aforesaid, is hereby authorized and empow- 

change not ne- , , , . ,-, , •' , r i.i -j 

cessary to give ©''^d to make, in case of the sale or exchange of the said 
bond. lands for other lands, a good and sufficient warranty deed 

Title tobe ves-Qj. jg(,jg therefor, which shall vest the title thereto, in the 

ted in the gran- , -^i i i i i i 

tee. purchaser or person with whom she may make such sale or 

exchange, as if executed by said heirs when of lawful 

age. 



RELIEF— REVENUE. I93 

Sec. 4. And the said Anna Sheapheard is further re- In purchasing 
quired in case of selling the said land and the purchasing '"" exchanging, 
of other lands, orthe exchanging thereof for other lands, [i,'\VJ'„^ame''of 
to take a title in the name of the infant heirs with the the heirs. 
proper covenants of title and warranty in fee simple, for 
their use and benefit; and said lands so purchased shall 
be vested absolutely in said heirs, subject however to J/J^ 'b'-'^'^ ''^ 
ividow^s dower in the manner as the lands now owned by dow«." '^^'^^'^ 
said heirs are, provided^ the widow relinquishes her dower Pruvi-o. 
in the land authorized to be sold by this act. 

This act to be in force from its passage, 

This bill having been laid before the Council of Revis- 
ion, and ten days not having intervened before the ad- 
journment of the General Assembly, and said bill not hav- 
ing been returned with the objections of the Council on 
the first day of the present session of the General Assem- 
bly, the same has become a law. 

Given under my hand this 6th day of December, 1836, 

A. P.. FIELD, 
Secrctarv of State, 



AN ACT to pvovidxi lor receiving a distributive d.are of the surplus revenue In force 17th 
of the United States on deposit, Dec. 1836. 

ISec. 2. Be it enacted by the People of the State of Illinois State of Il!i- 
representedia the General Assembly^ That the State of HH- "ois consents 
nois does hereby consent, and agree to receive, upon cle- [,° ''^"o'^y^j 
posite from the United States, all sums of money to which sumsof money 
the State of Illinois is or may be entitled under'and accor- ^i^'ch 'sor 
ding to the provisions of an act of the Congress of the Uni- reCftom 
ted States, entitled "an act to regulate the dcpositcs of the the U. S. 
public money," approved on the twenty-third day of ""^ler the act 
June one thousand eight hundred and thirty-six. And °n'°"^'l'''oirf 
the laith ol the h>tate is hereby irrevocably pledged to .Tune, 1836. 
comply with and perfornj all the conditions and provisions '^'^^f'^'''^ °f 
contained in the said act, in relation to receiving and rc-'^^AiTlo^^Xy 
funding the said money; and the t.-easurer of this State is with the prov^- 
authonsed to receive from the United States the said sums ''""''" -^^^ 
of money, and to execute certificates of deposite for the T^asur^r of 
same, in such forms and with such conditions as is requir- -State authoris- 
ed by the act of Congress aforesaid. ed to receive 
Sec. 2. This act shall be in force from its passage. Z^Zv f' 

Approved 17th Dec, 1S36. andfeive c«rti. 

Scats. 

z 



i9i REVENUE. 

In force, 4th AN ACT coiicerning llse surplus rcveiiuef, 

.Vi'.rch, ]b37. 

Sec. 1. Be it enacied by ihc People of the State of Illinois^ 
represented in the General Assembly^ That the nionev re- 
Mcjiisy de- quired to be deposited in the State Bank of Illinois, and 
posiK'd. Bank of IlHnois atShawneetown, under the provisions of 

the act passed at the present session, amending the sever- 
al laws in relatioti to common schools, shall be, by the 
fund commissioners, paid upon the stock authorised to bo 
rw. "n ''f«'^''j.^j^„^j..[^g^ ^ State Bank of Illinois and Bank of lUi- 

mbsciioed lor. • cii • i • • in 

nois at bhawneetown, spsoon as sauJ commissioners siiall 
be notified that said banks or cither of them shall have 
accepted the amendments proposed to tlieir charters, 
Approveo, 1th Marcii, 1837* 



III foi'ce, 2il ^N ACT couceniif^g the public revenue of the county or .Varren. 

March, 1337. 

Sec. 1. Be it enacied by the. People of the State of Illinois^ 
Acts wh ich le- reprcse?ited in the General Asstmbliu That so much of tlie 

quire money to ■* , , ^ -i • cii. i. • i.\ ^^ i. 

be paid to War s<3vcral revenue Ja^v3 oi this btate as requires the otate 
ren county re- treasurer to pay thc county ccm.missioners of Warren 
pealed county for thc use of s<iid county, any sum or sums of 

TV r , .xHioue V be, and ttie same is hereby rcpenlcd; and hereafter 
o{ Wnnenco. thesliciilF ofthc county of Warren sliall pay into the coun- 
ty treasury the amount of tiie tax collected by him on lands 
lying within tb-c said county, at the same time, and in tlic 
same manner as is provided by law for all the counties in 
this State, except the counties on thc military bounty 
tract. 

Apri;ovED. 2d March, 1837. 



k °''i'f>'i^''' \N \CT iUDDlenic'Ktarv to ''iiu act to amend an act to pro\iilefor rakln 
Uec. loj(. '' " ,.„,.„.,.,„ 11 



revenue." 



Sec. 1. Be it enacted by the people of the Stale of Illinois, 
represented in the General Assembly, That the several sher- 
Sheriffsto pay jjjg ^^ ^|;]^ State shall, on the first Mondays of December 
Smjty"'uLsii-^"^^ March, annually pay into thc county treasuries all the 
fies taxes that may have been collected and taking thc treasur- 

er's receipt for tlie. same; and a ccrtiticd copy of receipt 
Receipt to be j;},all bc filed by such slieriH", With the clerk of the county 
■ commissioners court, 



REVENUE.— ROADS. J9J 

Sec. 2. All slierifTs shall make a final selUement with Siieiiffs to 
the coantj commissioners court, at the June term of said ™ake final set- 
court, in each year, by paying into the county treasury janl^Kim. 
the vrholc amount of taxes due the county from any such 
sheriff, taking the treasurer's receipt for tlic same, and a 
copy of said receipt, with an account current, shall be fil- 
ed with the clerk of the county commissioners court, 
which receipt and account current shall be entered on the 
records of said court; any law to the contrary notwith- 
standing. 

Sec. 3. The nineteenth section oftheact to provide for 
raising a revenue, approved February l9th, 18:57 be, and 
the same is hereby repealed. 

This shall take effect from and after its passage. 

This bill having been laid before the council of revision, 
and ten days not having intervened before the adjourn- 
ment of the General Assembly, and the said bill not hav- 
ing been returned with the objections of the council on the 
first day of the present session of the General Assembly, 
the same has become a law. 

Given under my hand, the 6th day of December, A. D. 
1836. 

A. P. FIELD, 
Secretary of State* 



AN ACT to chants a part of the State road fiom Hlllsboro" to Alton, j^^ f^^^ c^^^ 

Feb. 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in tht General Assembly^ That so much of the 
State road running from Hillsboroin Montgomery county 
to Alton, in Madison county, that runs through the lands 
of Phillip Carlcw be, aud the same is hereby so changedas state road 
to run from the north end of said Carlew's lane due north changed, 
eighty rods, thence east eighty rods so as to intersect the 
said JState road again. 

Sec '2. the said road when so changed shall be deemed Deemed asiata 
a State road, and shall be kept in repair as such, road when 

mi • .!•/• f ^ r, • changod. 

1 his act to be in force from and alter its passage. 
Approved, 2ith February, 1837, 



196 nOADS. 

In force, 2 Itli AN ACT to locate a State road from Peoria, by Rome and Chllllcoihe, to 
Feb. 1837. Princetons in Putnam county* 

Sec. 1. Be it enacted hy the People of the State of tllinois, 
represented in the General Assembly, That Elias Thomp- 
son and Augustus Langworthy oi Putnam county, and 
Hiram Cleveland of Peoria county be, and they are here- 
CommJssionersby, appointed commissioners to view, mark, and locate a 
appointed. road from the intersection of the county road from the 
village of Rome to Peoria in Peoria county, with the Pe- 
oria and Galena state road on section twenty-seven, town- 
ship ten north, of the base line of range eight east, of the 
fourth principal meridian, in said county, by Rome and 
Chillicothe in Peoria, and Windsor in Putnam county, to 
Princeton, in the same county, varying as little as practi- 
cable from a direct line from point to point, having in view 
the most eligible route, its permanency, and due regard to 
the public convenience. 

Sec. 2, That said commifc'sioncrs,or atefajority of them> 
_. , shajl meet on the first Monday of April next, ortvithin one 

place of meet- month thereafter, at David Ridgcwaj''* dwelling in Peorfa 
ing. county; and being first duly sworn before some justice of 

^''^^ ^® *"'°™- the peace, faithfully to discharge the duties required of 
Shall view them by this act, shall proceed to view, mark, and locate 
rwark and lo- Said road, and as soon as practicable thereafter cause to 
rate said road, be made a map of the survey of said road, certified by 
flur"xyto™b?'''^t^^'="^'^"^ forward a copy thereof, to the clerk of the 
forwarded to county Commissioners' court of each of the counties 
clerks of coun- through which, or part of which, said road shall pass,which 
ersTurtof"" s^'^^* ^^ byhim filed in his office, and the said road thus 
each county, laid out shall be and is hereby declared a public state road, 

Clerk shall file and sha'l bc opened and kept in repair in the same man- 
in his office. .1 ur J 
Shall be kept»cr as other pubhc road are. 

ia repair. Sec. 3. Said commissioners shall receive for their ser- 

Compensation viccs one dollar and fifty cents per day for all the time 
per day. necessarily employed in said work, together with a reason- 

able compensation for one surveyor, two chain carriers, 
and one marker, which several sums shall be paid by the 
counties through any part of which said road shojl pass in 
proportion to the extent of said road in each, 
AppnovF.p Fcbruarv SM, l837. 



ROADS. i9* 

AN ACT to locate a State roaJ from opposite Glarksville, at tijc Ttny, in ^n force 2-lth 
Calhoun county , to intersect the State road near Pittsfield, in Pike county. February, I&ST 

Sec. I. ]3e it enacted by the people of the State of Illinois 
represented in the General Assembly, That David Hubbard, 
David Chandler and Thomas Barton be and they are here- fj;'p"^;;;';^^^^^^^^ 
by Appointed commissioners to view, mark, and locate a 
State road from the ferry opposite the town of Clarksville 
in Missouri, to the town of Fairfield, thence to Martinsbii rg, 
thence to intersect the State road leading from Gilead to 
Pittsfield at the corner of sections No. 11, 12, l3, and 14, 
in township six south, and range lour west. 

Sec. 3. The said conmiissioners, or a majority of them. Time & place 
shall meet at Fairfield on the first Monday in May next, of meeting. 
or within sixty days thereafter, and after being duly sworn ®'^^'' ^^ ^^'°'^" 
befoie some justice of the peace faithfully to discharge the 
duties required oi them by this act, sliall proceed to view, g,,^,,] ^.j^^^, 
mark, and locate said road on the most eligible ground, mark & locate^, 
doing as little injury to. private property as the public "^<' ''o*^- 
good will admit. 

Sec. 3. Tlic said commissioners are authorized to cm- m. , . i 
ploy a surveyor to survey said road, and shall make out surveyor, 
a plat and survey of said road certified by the surveyor 
within thirty days after the same shall have been sur- 
veyed, and deliver the same to the clerk of the county 
commissioners' court, whose duty it shall be to lay the Duty of clerk 
same before the next county commissioners' court, and of county com- 
said court shall cause the same to be recorded in the re- '"''''°"^"'^""" 
cords of said court. The road when located as aforesaid rtr^.A ci, ,i u 

I II I I /• 1 • I 11 , - 1 uoad shall be 

fihall be opened lour poles wide, and kept in repair by or- jpened. 
der of the county commissioners court; said reviewers 
and surveyor slial! receive such compensation for their Compensation, 
services as the county commissioners court may deem just^. 
not exceeding two dollars per day for each day's service ne- 
cessarily employed in locating and establishing saicj road* 
Approved 21th February, 1837, 



AN ACT to re-locate a part of the Siatfi road from Decitur to Ijloomington. j„ f(„.gg q^^Ij 

Feb. ISaV." 

Sec 1. Be it enacted by the people of the Stale of Illinois 
represented in tlie General Assembly, That J. C. i'ugh and 
William Anderson, of Macon county, and Campbell 
Wakefield, of McLean county, be and they are hereby- 
appointed commissioners to view, mark and locate a State Commi^sioneis 
road from Decatur, in Macon county, the nearest and best "PP*''"*®^- 



193 itoADS. 

route-, by way of llie public bridge on Salt creek, to Clin- 
ton in said county, thence tlie nearest and best route to 
intet-scct tlic county road near David Noble's, in McLean 
touiity^ and the county road from said Noble's to the 
town of Bloomington is hereby declared a State road. 
Time &, place '^^"* ^'^' The said Commissioners, or a majority of the m, 
of meeting. ^J^-^H meet at Decatur between the first day of June and 
Shall be sworn, the first day of September next, and after being duly 
sworn before some justice of the peace faithfully to dis- 
charge the duties required of them by this act shall pro- 
ceed to view, mark, and locate said road, doing as little 
injury to private property as the public good v.ill per- 
mit. 
"Shall cause raid y^p'C 3. The said commissioners shall cause said road 
road to be to bc marked in the prairie by suitable stakes well set in 
make*'cur!'e"y & the ground; and through the timber, by hacks on the trees; 
map. and the said commissioners shall on or before the first 

Monday in December next, make or cause to be made a 
true survey and map of said road signed by them res- 
pectively, to be lodged with the Clerks of the county com- 
_ inissioners' courts of Macon and McLean counties, 

missioners shafl ^^^c. 4, i he county commissioners courts ol Macon 
cause com- atid McLcau counties shall cause to bc paid to each of 
pensation t" ^^ ^he Said commissioners and surveyor the sum of two dol- 

made to said ir ij -i iJi^i 

commissioneis. iars per day lor eacii day necessarily employed by tliem 

Shall open said in locating tlic said road, and shall allow a reasonable 

^'°^'^' compensation to such hands as tlic commissioners may find 

it necessary to employ in locating said road; and said 

road when established shall be opened sixty feet wide, and 

shall bc kept in repair as other State roads are. 

^i^a'ii def"a^^x ^^^' ^' '^'^^ county Commissioners' courts of said 

penses. ' counties shall defray the expenses incurred in their res- 

pcc'tive counties, and so much of the present road as the 

said commissioners shall deem it expedient to change, is 

licrebv vacated. 

ArrnovED 2) February, 1837 



In for'c 2idi, 

Fob. 1&37. 7\X ACT to locate a State road therein named. 

Sx;c. L Bc ii enacted by the people of the State of Illinois 

represented in the General Jhsemblij, That Thomas Cres- 

well, Luther Calvin, and George Clcndennen, of the 

Commi3sio!icis county of Greene, be and they are hereby appointed 

.,njipojnied. gj^j^ commissioners to view, lay out, locate and mark a road 

from Grafton, in f^aid countv, to the State road leading 



ROADS. 199 

iroiii CarroUton to the mouth of Apple creek, to intersect 

the same near Mr. Spencer's via Camden, Tcncriffe and 

Pittsburg, to be located on the nearest and best route, 

having ri due regard to farms and otiicr works of imorove- 

mcnt; said road shall be laid out at least sixty' feet wide; 

and it shall be the duty of the com.missioners to nnke and 

flic a plat of said road in the clerk's ofiicc of the county ^'''''' ^'^ ^ P'"* 

commissioners' court of Greene county, together with the 

number of days actually employed in locating said road. 

Said road, when so located, and the plat of the same filed ^ 

in the clerk's office of said county, shall be a State road fj|^')J"'^ "* "^"' 

and worked and kept in repair us such. 

Sec 2. Said commissioners shall meet on the first Time of meet 
Monday of May next, or within three months thereafter, in^. 
at some suitable place in said county, and after being duly 
sworn, shall proceed to locate, mark, and establish said 
road as set forth in the preceding section of this act. 

Sec. 3. The county commissioners' court of Greene Compensation 
county shall pay said commissioners one dollar per day 
for their services as commissioners out of any money itx 
she county treasury, not otherwise appropriated. 

Approved 2ith February, 1837, 



In force 25th 
AN, ACT declarins the road fioin Kiioxville to Stepl.enson a State road, * ^^ 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That so much of the County ronrf 
county road leading from Knoxville to Stephenson as lies declared state _, 
in Knox county, is hereby declared a State. ''"^''• 

Sec. 2. Isaac Miller and Hugh Montgomery of Mer- 
county, and Joseph Conway of Rock Island county, be, Commi^sicners 
and the same arc hereby appointed commissioners to view ^ppo'^ted 
mark, and locate a state road, commencing at the termi- 
nation of the Knoxville road, near Pope's Creek, thence 
to the nearest and best route to Stephenson in Rock Island 
county, having a due regard to private property as v/ell as 

the public good. i^liai! meet at. 

Sec 3. It shall be the duty of said commissioners or a Ji""" «'' meet- 
majority of them, to meet at Stephenson on the first iMon- '"^ 
day of June next, or v»'itiiin six months thereafter, and af- 
ter having been duly sv/orn before some justice of the 
peace faithfully and impartially to execute the duties re- 
quired of them by tliis act, to proceed to mark, survey and 
locate said road, and make return thereof to the county 



20O ROADS. 

commissioners court of ?»Iercer and Rock Island counties, 
on or before the first Monday in December next. 

Sec. 4. The county commissioners of the counties of 
Compensation. Merccr and Rock Island, shall allow out of their county 
treasury respectively, a reasonable compensation for their 
services in proportion to the time necessarily employed in 
their respective counties, and shall cause the same to be 
opened and kept in good repair as other roads are, 

AprnovjED 25th February, 1837? 



in force Feb. 
25th, 18G7. 



AN ACT to relocate part of the state road from Springfield to Peorja 



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

represented in the General Assembly, That Reuben Merry- 

tCommissioners ^ Evans E. Brittain, and Josiah B. Smith of the coun- 

appointed, ' „ , i , i i i • i 

ty 01 bangamon, be and they arc hereby appointed com- 
missioners to view, mark, and relocate that part of the state 
road leading from Springfield to Peoria, which lies between 
the Sangamon river and the south end of EnochSmith's lands, 
commencing at the present contemplated bridge across 
said river, (near Carpenter's ferry) and running from point 
to point on a direct line, or as nearly so as the situation of 
the ground over vv^hich the same may pass, and the securi- 
ty to private property will admit. 
Shall meet at Sec. 2. The said commissioners cr a majorit}^ of them, 
ipiace of begin- shall meet at the place of beginning on the second Mon- 
"'"^" day in March next, or within two months thereafter, and 

iShall be sworn, r* i • „ j i x. c • ,• r ,i 

alter bemg duly sworn betorc some justice of the peace 
Shall file a true proce cd faithfully and im partially to relocate said road as di- 
map. rected in the preceding section, and within one monVn there- 

after shall makeout and file in the county commissioners 
court of said county, atrue map orplat of the same, and said 
court shall cause the same to be opened at letist fifty feet wide, 
and kept in repair as other state roads arc. 
Compensation. Sec. 3. Said commissioners shall be allowed a reasona- 
ble compensation for their services, to be paid out of the 
county treasury of said county. 

This act to take efiect and be in force from and after 
its passage. 

Approved February, 25th 1837^ 



ROADS. SOI 

AN ACT to establish a State road (from the State road lea^Ung from Spruig- jp foi-ce Feb. 
field to Decatur,) to WaynesvHle in McLean ccuiity. 25th, 1837. 

Sec. 1. Be it enacted by the People of 'he Stat- of IJUnois, 
represented in the General Assemhli/, That George W. Tur- 
ley, and Thomas Skinner of the county ofSangamon, and 
David Montgomery of the county of McLean, be and they 
are hereby appointed commissioners to view, survey, mark Commissioners 
and locate a state road from some point or place on the 
road leading from Springfield to Decatur, and from thence 
by the way of the BufFilo Heart Grove, and from thence to 
mount Pulaski, and fromthence loWayncsvilic injMcLcan 
county. 

Sec. 2. Said commissioners or a majority of tlicm, shall Timoandplaco 
meet at the house of George W. Turley on the first Men-"' ""^'^"■'"o- 
day in April next, or within sixty days thereafter, rnd af- 
ter being first duly sworn before some justice of the peace s:iall be sworn. 
faithfully to perform the duties required of them by this 
act, shall then repair to the place of beginning, and com- 
mence said location, having a due regard to the public in- 
terest, and doing as little damage as possible to private 
property: said commissioners shall as soon as possible 
make two maps according to the survey and sign the 
same and file a copy thereof with the county courts of the 
counties of Sangamon and McLean. 

Sec. 3. Said commissioners shall mnrk the trees Marks. 
through the woods, and plant stakes through the Prairie, 
which road when so laid out, shall be a public highway, 
and shall be opened at least fifty feet v/idc, and worked 
and kept in repair as other state roads. 

Sec. 4. The county commissioners of the counties of 
Sangamon and McLean counties, shall pay a reasonable Compensation, 
compensation to their respective commissioners, and such 
other hands as may be necessary to carry the object of 
this act into efifect, out of their respective county treasu- 
ries. 

Approved, February 25th, 1837. 



AN ACT to vacate parts of certain roads. , , _ . 

In force Feo. 

c. ID- , J T , ^ 27th, 1837. 

f5EC. 1. Be It enacted by the people of the State of Bliyiois^ 
represented in the General Assembly^ That so much of all 
state and county roads leading to and from the t^wn of 
Bloomington, as lies within the recorded limits of the 
same, are hereby vacated and annulled. 

Approved February 27, 1837. 

A2 



202 ROADS. 

la force, Q7th AN ACT to locate a State road from Peoria by Oseola, to Galen*^ 

February 15iJ7 

Sec. 1. Be it enacted by the people of the Stale of Illinois, 
represented in the General Assembly^ 1 hat Vance W. Davi- 
son of the county of Jo Davies, Jason Hopkins olthe coun- 
ty of Whiteside, Robert iVioorc of the county of Putnam, 
and Peter Menard jun.of the county of Peoria be,and they 
Commissioners are hcrcbv, appointed commissioners to view, mark, and- 
locate a State road from Peoria to Galena, on the shortest 
and best route, havingin view the eligibility of the ground, 
with a \'ievv to a permanent road. 

Sec. 2. The saitl commissioners, or any two of them, 
Place of meet- shall meet in the town of Peoiia on the first Monday in 
^"^* April next, or within ninety days thereafter, and after 

being duly sworn before some justice of the peace, faith- 
fully to discharge (he duties required of them by this act, 
shall proceed to view, mark, survey, and locate said road, 
from the public square in the town of Peoria to Oseola in 
Putnam county, from thence to Galena, via Savanna and 
Wappelo. Said commissioners shall cause plain marksand 
blazes to be made upon the trees where the same shall pass 
Ihroufih timber, and stakes to be driven in the ground at 
suitable distances from each other, when the same pass- 
es throuo-h the prairie; and at the end of each mile, set a 
durable post on the right of said roadwith the m'-les mark- 
ed therepn pro;n-essivcly. 

Sec. 3. As soon as practicable after the said road 
shall have beei; locat.ed, the said commissioners shall cause 
Shall make a ^q [jg made a map or pK^ of the survey of so much of said 
"""^P' road as lies in each co-unty through which the same may 

pass, and forward the fejvmc .'o the clerks of the county 
commissioners' courts of th e respective counties, who shall 
file the same in their offices. 

Sec. 4. If the said road can ^e m.^de to intersect the 
State road leading from Galena to Knox'^'Hle at any point 
north of Pvock river without materially changing its 
course, then and in that case it shall not be r/Z^cessary for 
the said commissioners to locate said road any fur * her than 
the point where the two roads may intersect. 

giEC. 5. The said road when laid out as is directed by 
Shall b3 open this act, shall be opened and kept in repair as other State 
ed. roads are rcquii'cd to be, and shall not be altered or chan- 

ged from its course, except by an act of the legislature. 

Sec. G. The said commissioners, surveyor, and such 
other persons as may be necessary to aid in laying out 
Compensation, said road, shall receive two dollars for each day necessa- 
rily employed in performing the work and making returns 
thereof, to be paid out of the county treasuries of the sev- 



ROADS. 203 



cral counties through which the same may pass, to be paid 
in proportion to the distance of said road in each. 
Approved, !27th February, l837. 



AN ACT to locate a State road fioin Beardstown to Mount Steilhig. In force, 2Sth 

Feb, 1837. 

Sec. 1, Be it enacted by the People of the State oj Illinois, 
represent2d in the General Assembly, That Nathaniel Har- 
ris, George Harper and William A. Hinman be, ana they 
are hereby appointed commissioners to view, mark, sur- Commissioners 
vey and locate a State road from the Illinois river opposite ^Ppo'^'ed. 
Beardstown, via Mount Sterling, to intersect the State 
road leading from Rushville to Quincy, at a point on sec- 
tion 7, township 1 south, 2 west. 

Sec. 2. The said commissioners shall meet on the first '^""^ ^"*^ 
Monday in June next, or within two montlis thereafter, at in'<''^at°llu'siv-^ 
Rushville, in Schuyler county, and after being dul ' sworn viiie 
before some justice of the peace, faithfully to discharge ''^'^^^^'^^ ^^^'"'■■"' 
the duties required of them by this act, shall proceed to 
view, mark and locate said road, i'our poles wide, and as 
soon as practicable, shall make a true survey and map of •'?'^^i^ "'^'^^ ^ 

said rocid, sio;ned by them and file the same in the oilice Qf^'^e survey and 

the county commissioners court ot Schuyler county. same hi Uie of- 

Sec. 3. Said road, when laid out as aforesaid, shall be ^'^'^ °*^'si''^ °*' 

deemed a public highway, the county commissioners of'^<""'i"'^^'0"ei'3 

^aid county shall cause the same to be opened, and be j^hairbe pub-. 

worked and kept in repair as other State roads are. The ''- iiifehway. 

county commissioners of said county of Schuyler, may al- ^|^''^' "^^ °^^"" 

low a reasonable compensation for their services to be Compensation, 

paid out of the county treasury. 
Approved, 28th February, 1837, 



AN ACT to re-Jocate a part of the State road leading from Springfield to Lew" in foice, 27th 

Won, Feb. i837» 

Sec 1. Be it enacted by the People of the State of Illinois', 
represented in the General Assinbiy, 'I'hat Samuel Berry, 
James Pantier and John Jones, sen. be, and they are here- 
by appointed commissioners to view, mark and relocate so ^'""I'Tiissioners 
much of the State road leading fioni Springfield to ^^ewis- 1'^;^;^^';^'^^^^^ 
ton as lies between the southern boundary line of tovv^n-road 



204 ROADS. 

ship nineteen north, of range seven west, and the resi- 
dence of the said John Jones, sen. 
Time and Sbc. 2. The said commissioners shall meet at the house 

j)lac;oi meet- of Samuel Berry on the first Monday of May next, or 
'"o* some convenient day thereafter, and after being duly 

Shall be sworn sworn shall proceed to make said relocation, and shall 
make return thereof to the county commissioaers court of 
Sangamon county, at their next term. The said coun- 
ty commissioners court shall allow said commissioners 
Compensation, such compensation as they may deem reasonable, 
Api'roved; 27th February, 1837. 



In force r7(h AN ACT to change in part a State road leading from Mere 3ocia to Qujncy. 

Fph. 18S7. 

Sec. 1 . Be it enacted by the People of the State of Illinois., 
represented in the General Assembly^ That James Brown, 
Richard Briggs and Edward Perry be, and they are here- 

Commissioners^y ^PP*^''^^®^ commissioners to review and relocate that 

appointed. part of the Stale rond leading from Meredocia in Morgan 
county, by Mount Sterling to Quincy in Adams county, 
which lies between James Ballard's on the north west 
qrs. of section 20, in 2 S, 2 west of the fourth principal 
meredian, and Phillip'Briggs, in the north westqr, of sece 
l7, in '2 S. 2 w, in the same township. 
Sec. 2. Said commissioners or a majority of them, shall 

pi'aTe^of"m3et. "'"cet on OF before the (irst day of JWay next, and being first 

ing. duly sworn by som.e justice of the peace, faithfully to dis- 

charge their duties herein required of them, shall proceed 
to execute the same, and on or before the first day of June 

Snail make a next, shall make a report of their proceedings to thecoun- 

re lort of thtir .. Vrcii xJ-j 4. 

pvjceediiigs. ty commissioners court of Schuyler county, and said court 
shall cause said road to be opened and kept in repair as 
other State roads are, 

Compensaticn. Sec» 3. Said commissioners shall receive for their servi- 
ces a reasonable compensation, to be paid out of the coun- 
ty treasury by order of said county court: so much of said 
road as said commissioners shall deem expedient tochange 
is hereby vacated. 

Ap?koved, 27th February, lS37. 



ROADS. 205 

AN ACT to locate a State road from Pekia via Athens, to Springfield. In force Feb. 

27,1837. 
Sec. 1 . Be it enacted br/ 1 hs People, (f llic State of Illinois^ rep- 
resented in the General vissnnbly, Tliat Charles Holmes and 
James Meadows of Sangamon county, and William Wood- ^""™'''|°'"'''" 

rm II I 1,11 I -,1 appointed to 

row ot lazevvell county, be and Lhey are iierel)y appomted locate said road 
Commissioners to view, sui vcy, mark and locate a State 
road from Pekin in Tazewell ci^unty, via Alkin's ferry, 
Atiiens in Sangamon county to Spiingtield, varying as lit- 
tle as practicable from a direct line from point to point, 
having in view the most eligible route, its permanency, 
and due regard to the public convenience: Provided, That Proviso, 
said road shall not exceed four poles wide. 

Sec. 2. That said Commissioners or a majority of them 
shall meet on the first day of May, or within two months ^hereTo meet, 
thereafter, at the town of Pekin, and being first duly rp^j^gg^^j.^^^ 
sworn before some justice of the petxce, faithfully to dis- 
charge the duties re quired of them by this act, shall pro- 
ceed to vieMr, mark and locate said road, and as soon as 
practicable thereafter cause to be made a map of the sur- gj^^j, furnish a 
vey of said road, certified by them, and forward a copy map and survey 
thereof to the Clerk of the County Commissioners Court to county clerks 
of the counties thvougti which said road shall pass, which 
shall be by him filed in his office; and the said road thus 
laid out shall be and is hereby declared a public State road 
and shall be opened four poles wide, and kept in repair as f^o^X ^^P'*° 
other State roads arc. ^ ^ 

Sec. 3. The Commissioners appointed under the provis- 
ions of this act, shall receive a just compensation lor the (^^^ ^g^^jjo^^ 
time they are necessarily employed in the several counties 
herein nacntionod, each county paying for the time neces- 
sarily employed therein. 

Sec. 4. Said Commissioners siiall cause a furrow to be Furtherduty of 
run through the prairies, and the trees marked in the tim- commissioners, 
ber land, so as plainly to designate the route of Hhe said 
road. 

Apphoa'ed, 97 th February 1S37. 



AN ACT to locate a State road from Wesley city to Mackinaw town, in j„ fQ,.gg peb 
Tazewell count) . gy 1837. 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That William S. Mans,Commissioneri 
Squire W. D. Chase, and John Shannon, of Tazewell appointed to lo- 
county, be and they are hereby appointed Commissioners,*^^ 
whose duty it shall be to view, survey, mark and locate 



306 ' ROADS. 

a road to commence at Wesley city, running thence by 
Hancock, to Mackinaw town, all in the county of Taze- 
well. 
When and Sec. 2. Said Commissioners or a majority of them, shall 

where to meet, meet at Wesley city on the first Monday in June next, or 
within two months thereafter, who after being duly sworn 
before some justice of the peace of said county, faithfully 
to observe the provisions of this act, shall proceed to view, 
survey, and locate said road, taking into consideration the 
local situatiDn of the country through which the said road 
shall pass, and establish the same on the most eligible and 
advantageous ground, so as to make it a permanent and 
durable road. 

Sec. 3. The said Commissioners shall mark the said 
Commissioners ^^^^ whsrc it runs through timber land by cutting the 
duty trees, and when it passes through prairie land by running 

a durable furrow with a plow. 

Sec. 4. As soon as the said Commissioners shall have 
Shall report to viewed and located said road, they shall make out a correct 

clerk ot com- ri"-i i' i i/^ii/* 

missioners map oi thc saul routc, and return the same to the Clerk oi 
court of Taze- County Commissioners court of the county of Tazewell, 
well county. and the Commissioners of Said court shall cause the same 

to be entered on their records. 
Width of road Sec. 5. The said road when so located, shall be deemed 
and how kept a State road, and shall be opened four poles wide, and 
m repair. kept in repair as other public roads are. 

Sec. 6. The commissioners appointed by this act, shall 
/^,..^,„» •• receive a fair compensation for their services, and such as- 

t^ompensation, . i ■ ii -i i • i • • i 

distance as they shall necessarily employ in locating said 
road. This act shall take etfect and be in force from and 
after its passage. 

Approved, February 27, 1837, 



27 1837. * AN ACT to locate a State road from Thornton to Lockport, Plainfield and 

Blackberry creek . 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That John Blackstone 
fpl)SSwT ^"^ benjamin Buttcrfield, of Cook county, and Holdcn 
cateroad. Cifon of Will county, be and they arc hereby appointed 
commissioners to view and locate a State road from Thprn- 
ton to Lock port, thence to Plainfield, and from thence to 
a point on the State road from Chicago to Dixon's ferry, 
at or near Blackberry creek. 

Sec. 2. Said commissioners or a majority of them, shall 



ROADS. %f 

meet at Thornton at a convenient time in May next, and When and 
being duly sworn before some justice of the peace of the n- ^.'^ to meet. 

o y, *f r 10 be sworn* 

county, iailhfully and impartially to discharge the duties 
assigned them by this, act, shall proceed to view, mark 
and locate said road on the nearest and best ground for a 
permanent ro;jd, making the same as direct as possible, 
having a due regard to the private property. 

Sec. 3. They shall return a plat to each county com- ^j!,*j"^,'^^J")i" ^J 
missioncrs court through which said road shall pass, giving commissioneis 
the courses and distances to be recorded, establishing the comts. 
same eighty feet wide, and which shall be opened and opened'and' 
kept in repair as other tState roads are. kept in repair. 

Sec. 4. Said commissioners shall receive two dollars Compensation 
per day each, for each and every day necessarily employed to^commission- 
together with all reasonable incidental expenses by them 
incurred, the whole account to be made out tmd certified, 
to be paid out of the Treasury of Cook and Will counties, 
each paying a moiety thereof. 

Approved, February 27, 1837. 



AN ACT for a State road fiom Pinckneyville in Perry county, to Golconda 4,7 ]837 
ill Pope county. ' 



commissioners 



Sec. 1. Be it enacted by the People of the Stale of Illinois^ q^ 
represented in the General Jlssembly^ That Alexander Camp- appointed to 
bell of Perry county, James T. Russel of Franklin county, •"^^^t^ said road 
and George H. Hannah of Pope county, be and they are 
hereby appointed commissioners to view, mark and locate 
a road, by marking the timber, and setting stakes in the 
prairies, so as to be easily followed, from Pmckneyville in 
Perry county, to Tinor's ferry, on Big Muddy river in 
Franklin county, thence to Golcondain Pope county, the 
nearest and best route through the respective counties in 
which said road may pass, havingin view the permanency 
ofsaid road, and doing as little injury to private pi'operty 
as the public good will permit. 

Sec. 2. The said commissioners or a majority of them ^i^^^^ ^^^, 
shall meet at Pinckneyville on the first Monday in May when to meet, 
next, or within six months thereafter, and after being du- To be sworn. 
ly sworn before some justice of the peace, faithfully to 
discharge the duties enjoined on them by this act, shall 
proceed to mark, view, and locate said road above requi- 
red; said con missioncrs shall make a report and map of Shall makea 
the location of said road, giving the most noted points there- |^^^P "J/^ej^.^ 
on, and return a copy of said report to each cleik of the a copy thereof 



208 ROADS. 

tocierksof countj commissioners court of the respective counties 
comS'"""^" through which said road may run; which report shall be 
Declared a filed in their offices as a part of ihe records of said counties, 
public highway and said road when thus located and returned, shall be as 
is hereby declared a pulilic highway, and shall be opened 
and kept in rcpiur as other State roads are. 

Sec. 3. Said cdmmissioners shall receive as n compensa- 
Compensation tionfor their services in locating said road, a sum not Ex- 
ceeding two doUars per day each, for such time as they 
may be necessarily employed in locatingsaid road, which 
compensation *h:ill be paid by the respective counties in 
proportion to the time they may be 'employed in each 
county, while locating the same, v;'nenever said commis- 
sioners shall have tiled a copy of said map and report to the 
'^lcrk= of said counties duly certified and attested by them. 
Sec. 4. Said commissioners aie hereby authorized, and 
may re-locate so much of the State road leading from Gol- 
Further power ^^nda to Frankfort, leaving said road in Pope county on 
of commission-, the top of the Pittulls blutF, passing down said bluff, soutlt 
of where the road now passes, and intersecting the prcsen'', 
road near Benjamin Bridges, then to run on the north of 
said road so as to cross mill creek at a suitable place for a 
bridge above high water mark, known as the narrows on 
said creek. 

This act to take cifect and be in force from and after its 
passage. 

ArpROVED, February 27, 1837= 



ers 



In force Feb. AN ACT to locate a State road in McDonough county. 

27th, 1837 

.^ . . _ Sec. 1. Be it enacted by the people of the State of Illinois 
appointed to I'cpresented in the General Assembly^ That Jessee Neace, 
locate said road John McChord, and Thomas R. Hays of the county of 
McDonough, be and they are hereby appointed commis- 
sioners to viev.', survey, and locate permanently, a state 
road in the county of McDonough, commencingat a bridge 
across Troublesome creek, at a point vthere the state road 
from Rushville to the Des Moines rapids crosses said creek, 
running thence to the nearest and most practicable route 
to Bacon's mill, and from thence to intersect a proposed 
state road leading from McComb to Burhngton, having in 
view the most advantageous location for said road, and 
doing as little injury to private property as the public good 
will permit. 
When and g^.^^^ 2. Said Commissioners or a maiority of them, so 

where to meet j j ' 



RoAJJi^. 209 

soon as the said proposed state road in the first section of 

this act mentioned shall have been surveyed and located, 

or within thirty days thereafter, shall meet at the said 

bridge, and being first duly sworn before some justice of tq bs sworn. 

the peace, faithfully to discharge the duties required of 

them by this act, shall proceed to view, survey, mark, and 

locate said road aVid as soon as practicable thereafter, cause 

to be mad^^ a map of the survey of said road certified by ^j^^ij ^j^^^^ ^ 

^^crf,^ and deliver a copy thereof to the clerk of McDon- map and sur- 

ough county commissioners court, who shall file the same vey of said roai? 

in his office, and the said road thus laid out, shall be g"j„g ^,^jj^ ^1°,.,^ 

and is hereby declared a state road, and shall be opened of commission- 

and kept in repair as other state roads are. 5Ji.^ ^"""^^ "[ 

Sec. 3. Said commissioners shall receive for their ser- county"""^ * 
vices a reasonable compensation to be paid out of the Compensation 
county treasury of McDonough county. 

Approved 27th Feb. 1837, 



AN ACT for a State road from Davwin in Clark county, to the State line o{ . . „ ■. 

Indiana, in the direction to Terre Haute. 37 i'^''^ST7^ 

Sec 1. Be it enaded by the people of the State of -^/^J- Commissioners 
nois represented in the General Assembly^ That Darius Phill- appointed to 
ips, Jacob Long, and Hugh Henderson of the county of '"^*"' ^°^^ 
Clark, be and they are hereby appointed commissioners 
to view, mark, and locate a state road commencing at Dar- 
win in Clark county, thence passing through what is com- 
monly called the river settlement, to the state line dividing 
the States of Illinois and Indiana, on the nearest and best 
route in a direction to Terre Haute Indiana. 

Sec. 2. Said commissioners or a majority of them shall When'snd 
meet in the town of Darwin, on the first day of April next, where to meet 
or within six weeks tiiereafter, and after being first duly '^° ^ sworn 
sworn before some acting justice of the peace of Clark 
county, faithfully and impartially to discharge the duties 
enjoined on them by the provisions of this act, shall pro- Duty 
ceed to view, mark, and locate said road, taking into con- 
sideration the local situation of the country through which 
said road may pass, keeping in view the eligibility of the 
ground for a permanent location of said road, doing as 
little damage to private property as practicable. 

Sec. 3. And it shall be the duty of said commissioners. To roake report 
within ten days after they have completed said location, g^ma 
to make out a report in wiiting and file the same in the 
county commissioners clerk's office of Clark county, which 
report when so filed, shall compose a part of said record. 

Sec. 4. Said commissioners shall be entitled to two dol- CompenBatiots 

B2 



210 



ROAD5. 



lars per day for each day necessarily employed in locating 
said road, to be paid out of the county treasury of Clark 

j?oacihow county: said road when so located, shall be opened and 

opened and J^ept in repair as Other statc Toads are, 

^ept in lepair ^^j^.^ ^^^ ^^ ^^ j^ ^^^^^ (^.^^^^ .^^^ .^(^^^ j|_g passage. 

/VprB-ovKi) 27th February, 1837. 



In force, Feb. AN ACT to establish a State road haxsi Ottawa to Ownes, at'Hjgh pdini,' 
37, 1837. 

Sec. 1. Be it enacted by the people of the State of IIU' 
S^°p"^hue?to7o- Tiois rcpresejited in the General Jlssemhly, That John \\nke'-- 
tateroad ny, Stephen Fellows, and John I )cxter bc, and they are 

hereby appointed to view, lay out, locate, and survey a 
state road from a point on the county line of La Salic couiv- 
ty, where a county road from Ottawa passing through 
Troy grove in said county terminates, said county road 
^^^^ from Ottawa to the county line, is hereby declared a State 

road, in a northwesterly direction to the rocky ford, thence 
to the nearest and best route to Dixon's Ferry on Rock 
river, thence to the town of EIkhorn,and from thence to 
Ownes at High point. 
Wheuand fi'EC. 2. Suid commissioners shall meet at Dixon's ferry 

Tviiere to meet" an the first Monday of May next, or as soon thereafter a's 
ponVenient, and after being duly sworn by some jus- 
^'ir-r^ ^f *tic peace well and truly to perform the duties a- 
bove reou'^'^*^' *"'^' proceed to survey ana locate said road 
as reouired bv ^^*''' ^^^ having in view the convenience of 
the inhabitants", aliu ^lie permanency thereof. 
V \ -onevs ^Kc. 3. As soon aS prt^.^tiC^ble attcr said road is located, 
.harmake a sajd commissioners shall make a n^^V or plat of so much 
pM of road & of said road, as lies within the rcs;iec'jve counties, and 
cierTof com- transmit it to the clerks of the county cOTi:nussioncr3 courts 
missioneig of the respective counties through Vvhich ti.e same may 
courts pass, which shall bc filed and preserved in the otiiVc of said 

j-,ig^) ' courts, and the said road shall be opened and kept iuif^pair 

Road how as other state roads are required to be by laiv. 
opened and Sec. 4. The couuty commissioueis courts of the rcBpcc- 

cp in repau ^.^^ counties through which said road shall pass, shall al- 
Compensation low said commissioners and all others rendci'ing service, a 
reasonable compensation to be paid out of their county 
treasuries in proportion to the distance said road shall bc 
located in the same. 

.^vrnovi^v "•37 th Feb,, (837. 



ROAPG, 211 

AN AC T to chanae a part of a cei'taSn voad therein named . luforce FeW . 

laith, 1837 

vSec. 1. Be it enacted by the people of the State of Illinois repre- ^^^^^^^^^^^^^ 
sented in the General Assembly, That so much of the state leading from 
road leading from Gilead to llushville, commencing at a Giiead to Rush- 
point where the location of said road crosses, (bearing ^'^'^' 
east and west) between the northwest and south west quar- 
ter of section number one, in township six south range 
four west, thence a northeast direction to the line of sur- 
vey (bearing north and south) dividing section thirty-six, 
township five south in said range, a few rods southeast from 
James McNary's house, and about forty or fifty rods from 
the southeast corner of the southwest quarter of section 
thirty-six aforesaid, thence through the southeast corner of 
said last mentioned quarter section, thence north with 
said line of survey until it intersects the above mentioned 
location, the whole distance about one and a half miles. 

Sec. 2. All that part of the county road leading from County road 
Clarksville, lying and being between Highland school 
house and said McNary's be, and the same is hereby vaca- 
ted. 

This act to take eflcct from and after its passage. 

Approved Feb. 24th, 1837- 



;kjS ACT to locate a state roau from Nashville in Washington county, to j^ force Feb; 
Equality In Gallatin county, 24111 1837 

Sec. I. Be it enacted by the people of the State of Illinois, CommUsioaera 
represented in the General Assembly, That Downing; Baueh fPP*'''^"''^^ to 

f r iv L rni mu c T^ i •• & locals fcftid road 

<3i J eiierson county, Ihomas Ihompsonot rrankhn coun- 
ty, George W. Lee -of Washington county, and George 
M'Crary of Gallatin county, be and they are hereby ap- 
pointed commissioners to view, locate, and mark a state 
road leading from Nashville in Washington county, via 
Portland in Franklin county, to intersect the road from 
Fraakfort to Equality at Galatia, thence to Equality in 
Gallatin county. 

Stc. 2. The said commissioners or a majority of them Wh*n and 
shall meet at Nashville on the first day of April next, or t^her• to m«et 
as soon thereafter as practicable, and after being duly 
sworn shall proceed to view, mark, and locate said road '^^ ^' "'*" 
on the nearest route, and best ground, on a straight direc- 
tion as nearly as the nature of the country will admit. 

Sec. 3. The said commissioners shall, as soon as conven- gjjaii fli» 
lent after the location of said road, cause to be filed with port with ei«rk* 
the clerks of the county commissioners courts of the coun- °^ county cqun* 



^Vi ROADS 

jf*iis8loD«j» ties through which said road passes, a report and complete 
courts ^^p Qf 5^j(j road, which report and map shall be preserved 

iioads how ^^^ ^^^^' ^^^'^ ^ P^^*- °^ ^^6 records of said court: said road 

opened & kep t when SO estabHshed, shall be opened and kept in repair 

in repair as other state roads are. 

Compensation ^^^* ^' ^^^ countj commissioners of the counties 
through which said road passes, shall allow to said road 
commissioners such compensation, not exceeding two dol- 
lars per day, as to them shall seem just and reasonable, 
and said compensation to the above named commissioners 
shall be paid by the respective counties, in proportion to 
the time said commissioners may necessarily be employed 
in each county while locating said road, when the com- 
missioners shall have filed a copy of the report as is reci- 
ted in this act, duly certified and attested by them. 
Approved 24th February, 1837, 



In force 21st AN ACT lo alter and re-!ocMe apart of the State road leading from Jack- 
Feb. 1837. sonville to Springfield. 

Sec. 1. Be it enacted by the people of the State of llli- 
Road from nois represented in the General Assembly ^ Thn.\. ?,o xnnch oi 
directfon^ of" ^^^ county rpad, leading from Springfield in the direction of 
Jacksonville Jacksonville, as was by order of the commissioners' court 
declared a state of the county of Sangamon, at their December term, in 
^^^ the year eighteen hundred and twenty-six, fixed and es- 

tablished and described as follows, to wit: Beginning at 
William Moflitt's, thence with the blazes made for the 
State road through the timber of Little Spring creek to 
Enoch Jones', thence on a straight line to intersect the 
old road at Flenarty's Point (now the town of Berlin,) 
thence to the county line of Morgan and Sangamon, be 
and is hereby established and declared to be a part and 
continuation of the State road, heretofore opened and 
Road shall be l^id out from Said Jacksonville to Springfield and the 
kept in repair same shall be kept in repair and maintained as a State 

as a State road pond 

Sec. 2. This act shall be in force from and after its 
passage. 

Apj-roved, 21st February, 1837. 



omraissioneis 



ROAfiS. 213 

AN ACT 16 establish a State load fiora Danville to Ottawa. I" (""ice 18tli 

February 1837 

Seg. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembhj, That Owen West and ^ 
John Manning, of Vermilion county, and Fairchild Weed, appointed 
of McLean county, be and they are hereby appointed com- 
missioners to view and locate a road from Danville, in 
Vermilion count}-, to Ottawa, in La Salle county; said 
commissioners, or a majority of them, shall meet at Dan- 
ville on some day betvi^een the first day of May and Sep- 
tember next, and proceed to survey, mark, and locate said 
road upon the best and most eligible route from Danville 
to Ottawa as aforesaid. 

Sec. 2. When said road passes through a prairie 
country, said commissioners shall cause to be erected suit- 
able posts within one half mile of each other, and shall 
return to the county commissioners court of each county, 
through which said road passes, a plat of said road, desig- Make p!at of 
naling therein the courses and distances, which said sur- ''°^^ 
vey and pint shall be filed in the office of the clerk of 
said court. 

Sec 3. The said road, when thus located, shall be a 
State road, and shall be opened and kept in repair as 
other State roads arc. Said commissioners shall receive Compensation.* 
each two dollars per day for every day's service m mark- 
ing, surveying and locating said road, which said fee shall 
be paid in equal proportion by the county commissioners' 
courts of the several counties through which said road 
shall pass. 

Sec. 4. That an act to locate a road from Danville to 
Ottawa, approved January tSth, 1836, be and the same is 
hereby repealed. 

Approved 18th February, 1837. 



AN ACT to re-locate a certain State roaa . In force, 15th 

Feb, 1837. 
Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented in the General .^sse?nb!y, That so much of the Road changed 
State road leading from Gilead to Rushville, as runs 
through the north-west quarter of section fourteen, in town- 
ship three south, of range three west of the fourth principal 
meridian, belonging to Hasten Wells, be and is hereby 
changed so as to run on the west line of said quarter sec- 
tion. And the supervisor of the district in which that Duty of super- 
part of said road is situated, is hereby required to change vigors 



214 ROADS. 

Proviso and open said road as above directed: Provided^ Said 

Hasten Wells shall grant and donate to the State for the 
use of said road one half of the land on which the said 
road shall run on said quarter section. 

This act to be in force from and after its passage. 

Approved 15th Februarv, 1837, 



In force Feb* AN ACT to locate a State road fro-m John Orendcr's, in Marion county, ict 
15tl>, 1837 Elijah Nelson's, in Clay county. 

Sec. 1. Be it enacted by the people of the State of Illinois 
Commissioners represented in the General Assembly^ That John Orender, 
vi'^ewS Aom o^' Marion county, William Lewis knd John W. Sullivan be 
Orender's to and they are hereby appointed commissioners to view 
Nelson's. j^d locate a State road from John Orender's, in the coua- 

ty of Marion, to Elijah Nelson's, in the county of Clay. 
Sec. 2. Said commissioners shall meet, or any two of 
when't'o meet them, at Louisville, in the county of Clay, on the first 
Monday of May next, or within sixty days thereafter, 
to be sworn and after being duly sworn before some justice of the peace 
Oath of said county, faithfully and impartially to observe all the 

JD"'y- duties enjoined on them by this act, shall proceed to view 

and locate said road, commencing at John Orender's, in 
the county of Marion, so as to intersect the State road 
leading from Vandalia to Maysville, thence to cross the 
Little Wabash at Louisville below Green's Mill, thence 
with the county road at or near Elijah Nelson's, thence 
to intersect the State road leading from Maysville to Lou- 
isville, in the county of Lawrence. 
Map & survey Sec. 3. Said Commissioners shall cause a map or sur- 
to be filed. ^.gy Q^ gj^j(j j.Qjj^j j-Q |jg g|g^ jj^ ^l^g office of the clerk of the 

several county commissioners' courts of the counties 
through which said road shall pass, and the county com- 
missioners' courts of such counties shall allow the said 

Compensation commissioners such compensation for their services as shall 
be just and reasonable, in proportion to the services ren- 
dered in each county. 

Declared a Sec. 4. Said road shall be opened and kept in repair 

State road, as other State roads are. 

ApruovED, I5th Februarv, 1837. 



ROADS. iii$ 

AN ACT vacating a part of a Stale road theie!n riairteU'. fn force 15tb- 

Feb. 1837 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That so much of the ^°^^ vacated 
State road leading from Springfield to AltoB, as lies be- 
tween Oliver Foster's and Wood river Bridge, in Madison 
county, be and the same is hereby vacated. 

Sec. 2. That the county road, located and opened be- ^°^!"'^' *""'^'^, 
tween the same points, is hereby declared aState road, and a State road 
shall be opened of the same width, and kept in repair as 
other State roads are; and the county surveyor of Madi- 
son county is hereby required to cause the necessary al- 
teration to be made in the plat of said road. 

Sec. 3. This act to take efiect and be in force frora 
and after its passage. 

ArrRovEd l5th February, 1837* 



AN ACT to locate a State road from Waterloo, in Moiiioe county, to Nash In force lotli 
v;lle, in Washington county . February 1837 

Sec 1. Be it enacted by the people of the State of Illinois 
represented in the Gencial Jlsscmbly, That John Morrison Commissioners- 
of Monroe county, John Winstanly of St. Clair county, ""PP"'"'^^ '° 

IT rii'/'Tt'i- . , 1 1. ■" view road froiiv 

and Isaac rarlier ol VVasiungton county, be and they Waterloo to 
arc hereby appointed commissioners to view, mark and Tamarawa 
locate a State road from Waterloo, in the county of Mon- 1*1.7'' u°^"'^'^ 

,1 > ^ rii ,1 r^ I I • • tiill, thence to 

roe, to the town 01 iamarawa on the Kaskaskia river, Nashville, &c^ 

thence the nearest and best route to Dutch Hill, in St. 

Clair county, thence the nearest and best route to the tov^^n 

of Nashville in Washington county, so as to intersect the 

State road leading from thence to Mount Vernon, in Jef- 

I'erson county. 

Sec. 2. Said comnussiohcrs shall meet in the town ofVVhero and' 
Waterloo on the iirst Monday of February next, or as "'''^"'*"*^^' 
soon thereafter as practicable, and before entering on the 
duties of their respective ofFices shall take an oath before ^^ ^.^^ ^^^^ 
some justice of the peace of Monroe county, to well and 
faithfully discharge the duties enjoined on them by this act, Oath 
after which they shall immediately proceed tovicvv, mark ^"'^ 
and locate said road, on the nearest and best route practi- 
cable, with as little injury as possible to improvements 6f 
any kind, and said commissioners shall as soon as practi- 
cable thereafter file a report together with a map and 
field notes of said road, in each of the respective clerk's 
offices of the county commissioners* courts of the counties 
«?f Monroe, St. Clair, and Wasliington, showing the dis- 



^IG ROADS. 

tdftce and lands over which the said road inay pass, 
which road, when so located, shall be immediately opened 

Width of load^^t least thirty -five feet wide, and put in order for travel- 
ling by the respective counties through which the same 

Declared a may pass, and when so opened shall be a State road and 

State road kept in repair as other State roads are. 

^ .. Sec. 3. The said commissioners, for their services in 

Compensation . . . • ■ i , ,i 

of commis'rs. vicwmg, marking and locatmg said road, shall receive a 
reasonable and lair compensation, not exceeding two dol- 
lars per day each, to be paid out of the county treasury of 
their respective counties on the order of the couiitv com- 

Ofsurveyors& missioners' courts of said counties respectively, as well :,a a 

chain-carriers reasonable aud/air compensatioi^ for the service^ of survey- 
ors, chain carriers and markers whom thf^y may necessarily 
femploy to enable them, to comply Vith the provisions of 

How paid this act. 

Sec, 4. Each county shall pay for that portion of the 
labor and exn^nsc attending the laying out of said road 
which ^lay be performed and accrue within its own limits, 
to be ascertamed by the report of the commissioners 
aforesaid. 

This act to take eficct and be in force from its pas- 
sage. 

Apfroved 15th February, 1837. 



ill force Feb. -^^ ACT to change a State road therein named. 

18th, 1837. 

Sec. 1. Be it enacted by the people of the Slate of Illi- 
nois represented in the General Assembly^ That Daniel Tra- 
vis, Joshua Woosley and William Devenport be, and they 
Commissioners are hereby appointed commissioners, whose duty it shah 
appointed to j^^^ or a majority of them, to review, re-mark, and relocate 
[ocatrsai'd '^' SO much of the State road running from Springfield in 
road. Sangamon county to Ottaw^a in La Salle county, as lies 

in the Walnut Grove in the county of Tazewell. 

Sec. 2. Said commissioners, or a majority of^them. 
When and shall meet at some suitable place in said Grove, in the 
where to meet. ,^Qj;ith of April ncxt, or as soon thereafter as "practicable 
and proceed to review and relocate said part of said road 
in such manner as will best subserve the public conveni- 
ence and do the least mjury to farms and improvements. 
Sec. 3. The said commissioners shall mark the route of 
Shall mark the the said roadon the trees where the route shall run through 
route and drive timbered land, and also at the end of every quarter of a 
stakes, mile, firmly driven in the ground durable stakes. 

Sec. 4. When the road shall be thus laid out, it shall 



ROADS. 217 

Ibe the duty of the county commissioners court of the coun- Duty of com. 
ty of Tazewell, to cause the same to be opened four poles ^"g^f^^J,^*^®" 
wide and to be worked upon and kept in repair as other ' ^' 

public roads ;and the said roa . shall be deemed astateroad, Road shall nw. 
and shall not be altered or turned out of its course under be altered ex- 
any pretence whatever except by ixn act of the Legisla- "f' ^^ legisla- 
ture. 

Sec. 5. The said commissioners, as soon after locating Commissioners 
said road as practicable, shall make but and return to the shall make om 
county commissioners court a complete map of the route ""^P of lo^^i* 
of said road, and it shall be the duty of the said court to 
cause due entry to be made of record of the said reporti 

Sec 6. Said commissioners shall receive for their ser- 
vices such compensation as the county commissioners ^°"^P^"^^^'°"- 
court of Tazewell county shall think proper to allow them. 

This act shall take effect and be in force from and aftfer 
its passage. 

Approved, 18th February, 1837. 



AN ACT relocating parts of the State road leading from Springfield to Decat.ir. In force. 16th 

Jan. 1837. 

Sec. 1. Be it enacted by the people of ths State of Illinois, 
represented iii the General Assembly, That Reason Constant, 
Charles Morgan and Josiah Green be, and they are here- 
by appointed commissioners to view, mark, survey and Commissioners 
relocate that part of the State road between the east end ^PP°inted to 
of Burns' lane and the west Clear creek bridge, by run- cltJ roadTom 
ning said road on a section line which runs east from said Bums' lane to 
Jane until the said line passes the prairie a sufficient dis- ^®f Pl^^"^ 
tance to reach the best ground for said road; thence in a andasectfon 
south eastern direction to intersect the present location at li"o across prai 
or near the bridge aforesaid. y^^- *hen on 

Sec 2. Said commissioners shall then proceed to view the bridge. 
and relocate that part of said road which lies between the To view and 
east end of Harriet FuUennider's lane and the first branch '/^""^^^ '■'f^^ . 

.1 . . i r c 1 /^ "1 . ''Oil rullenm 

in the prairie east or Samuel Garvey s house, so as to run dersto first 
on a half section line which leaves Samuel Garvey's brandy easj of 
house on the north side: thence in a northeastwardly ^^'^°^'^'' *'^f" 

^.1 • , , • ' , ,, , , ,. •' to intersect the 

course until said road intersects the present location at or piesent road 
near the branch aforesaid. nearthe branch 

Sec 3. Said commissioners, or a majority of them, shall ^Y'^*"^'^ 
meet at the house of Thomas Carroll's on or before the 
first Monday in March next, or within one month there- 
after, and after being first duly sworn before some justice Xo bcsnttrn. 
of the peace, faithfully to discharge the duties herein re- Oath. 

02 



218 ROADS. 

quired, shall then proceed to discharge the duties enjoined 

on them bj this act, and on or before the first Monday in 

Report. June next, shall make a report of their proceedings to the 

Road to bu county commissioners court of Sangamon county, and said 

kept in lapaii. court shall causc Said road to be kept in repair as other 

State roads. 

Sec. 4. Said commissioners shall receive for their ser- 

Compcnsation. yi^,gg ^ j-g^gQjja^l^j^ compensation, to be paid out of the 

county treasury by an order of the county commissioners 

court, and so soon as the contemplated change in said 

road be made, and the road so changed made good, then 

\acatioii. SQ ix\u.ch as is proposed to be changed shall be vacated. 

ArniovED, iGth January, l837. 



Ill foice IGth -'^^ ACT to locate a stntc road from Shelbyville in Slielby county, to Dan- 
Jan. 18.3G ^'"^ '" V'ennilion county. 

Skc, 1. Be it enacted by the people of the State of Illinois., 
represented in the General j^ssembh/, That Andrew Scott, 
ofShcl by county, Charles Easton, of Coles county, and 
James Parmer of Vermilion county be, and they are herc- 
Coratnissioiicr 3 by appointed commissioners to lay out, and mark aroad 
appointed. from Shclbyvilie, in Shelby county, on the nearest and 
most eligible route, to the town of Danville, in Vermilion 
count}^. 

Sk(. 2= The said commissioners, or a majority of them, 
V/hevc .'o meet shall meet in the town of Shclbyvilie, on the first Monday 
and when. j,-j ^jg jjionth of April next, or within twenty days thercaf 
To be sworn, {rj-- who, after being duly sworn before some justice of 
^^'' the ^eacc, in said county, faithfully to discharge the duties 

cnjoine'd on them by the provisions of this act, shall pro- 
Tiicirduty. ^ecd to m^i'i^ hiy out, and survey aroad from the said 
town of iShelbj'ville to the town of Danville, on the near- 
est and most elitTibJe route, having in view the situation of 
ihe country ana the .-advantages that would result to the 
l^opulalioi?' of the country through which said road will 
pass. 
To cauHi nuips Sec. 3. The si^ii couimissioncrs, Cifter the said road shall 
be mairaud" bc located, shall ca^ae true and accural^ Jnaps and sur- 
depTsite^a^copy v^f^ ^ be niadc out, and deposite a copy ot *he same,to- 
wkh thiejr le- getlier With a report of their p;-.oceedings, in thd clerks 
fies'ihrou h°"" "^-^^^^ ,of the cotinty commissioners courts of therespccJ.'ve 
which h pisses counties througli which said road may pass,or be located. 
Their pov,er. Sfx. 4. The Said connnissioncrs shall ,}ig.ve power to 
employ all necessary surveyors and .chain carriers^ ioertti- 



ROADS. '219 

ble them to perform the duties enjoined on them by this 

act. 

Sec. 5. The said road when laid out as aforesaid, shall g^^^^i ^^^ ^^^^^^ 
be deemed and considered a State road, and it is hereby ed a state road. 
made the duty of the county commissioners courts of the Duty of the co. 
respective counties through ^vhich the said road may pass, ^°'"- '^^"''-• 
to cause the said road to be opened and kept in repair. Commissioneis 

Sec. 6. The said commissioners appointed under the chain caniei-, 
provisions of this act, together with the chain carriers and and surveyor, 
surveyors, shall receive out of the county treasuries of the gX^rpald. 
respective counties through which said road may pass, 
such reasonable compensation for their services as may be 
deemed just and equitable, by the county commissioners 
courts. 

Approved, l6th January, 1837. 



AN ACT to locate a state road from the riidiaiia line, noitbwen in a dlvec- i^ °^|,^'|^83y 
tlon to Mineral Point. i >i. , 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly , '^i'hat Charles Reed, 
of the county of Will, Reuben Critchfield of the county of 
Iroquois, and David Dunham, of the county of Kane be, 
and they are hereby appointed commissioners to run, ^'°""!i"'^^^°"^" 
survey, mark, and locate a State road from the Indiana jg^ate road. 
State line, at a point on said State line where State 
roads from Warren and Jasper counties unite by the way 
of the county seat of Iroquois county, Winchester, Juliett, 
Geneva, Sycamore, Murray and Gualt Mills, on the south 
branchofKishwakee and Winnebago, to the State line, 
ator near Rock Grove, in a direction towards Mineral 
Point, having in view the most direct and eligible route 
for its permanency and a due regard to the public conven- 
ience. 

Sec. 2. Said commissioners or a majority of them, shall -^^^^ ^^j 
rneet at the house of Isaac Courtright in said Iroquois coun- where to meet, 
ty, on the first Monday in April next, or as soon thereaf- 
ter as practicable; and, after being duly sworn by some J^^^ *^ '"'°''" 
justice of the peace, shall proceed to perform the duties 
required of them by this act. 

Sec 3. Said commissioners shall, as soon as conveni- To make ve- 
cnt, after having located said road, make a report in writ- P"*^'- 
ing to the county commissioners courts of the respective 
counties through which said road shall pass. Said report 
shall form a part of the records of said courts,and said road 



220 ROADS. 

To be a state Ihus laid out shall be a public highway of this State, and 
road. the county commissioners court of each county through 

which the said road may pass, shall cause the same to be 
opened and kept in repair as other State roads are requir- 
ed to be by law. 

Sec. 4. The county commissioners courts of the counties 
through which said road shall pass shall allow to said com- 
missioners, a surveyor and chain carriers, a reasonable 
Compensation, compensation for their services, to be paid out of the 
county treasuries of the respective counties in proportion 
to the distance said road may pass through the same. 
Approved, 1st March, 1837. 



In force,lst i AN ACT to locate a state road from Carlinville, in Maeoupm county, M 
March, 1837 . Greenville, in Bond county. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
rejpcesented in the General Assembly^ That Levi Gimlen, of 
Macoupin county, Joseph E. Evans, of Montgomery coun- 
Names of com- ty, and William Volintine, of Bond county be, and they 
misslonei-s. jxre hereby appointed commissioners to \^y out a State 
road from Carlinville in Macoupin county, to Greenville, 
in Bond county. 

Sec. 2. Said commissioners, or any two of them, shaH 
Wiiea and meet at Carlinville on the tirst Monday of May next, or in 
where to meet, tyyo months thereafter; and, after taking an oath before 
^jj^^ some justice of the peace of said town, to observe the ob- 

Their duty, ligations of this act, shall proceed to view and lay out said 
road on the nearest and best way from the said town of 
Carlinville, to the said tov^^n of Greenville; and shall, as 
soon as practicable thereafter, cause to be made out a 
Make a report, report of the location of said road, designating the most 
noted points thereon, and return a copy of the same to the 
clerk of the county commissioners' court of each of said 
counties, which shall be by him filed in his office; and said 
road thus laid out, shall be, and is hereb}'^, declared a pub- 
lic State road, and shall be opened and kept in repair in 
the same manner as other public roads arc. 

Sec 3. Said commissioners shall be paid a reason- 

_ .. able compensation out of the county treasury of each 

Compensation. r J J 

county through which said road passes, not to exceed the 

gum of two dollars per day, and an act to lay out a State 

road from Greenville, in Bond county, to (Carlinville, in 

" Macoupin county ba, and the same is hereby repealed. 

Approved, March 1st, 1837. 



ROADS. 2^1 

AN ACT to locate a state road from Vandaliato Alton . j„ f^.^g jQfj, 

Feb. 1837. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Peter Merrill 
and Joseph Burnap, of Madison county, and James M. 
Davis, of Bond county, and Robert K. McLaughlin, of 
Fayette county be, and they are hereby appointed com- 
missioners to view, mark, and lay out a State road, four (^o^„,5gg;o,jgj.g 
rods wide, from Vandalia, in Fayette county; thence on appointed to 
the nearest and best ground through Bond county, cross- '^'^^^ »°'^^ f'°'" 
ing the west fork of Wood river at the point where the ^-osJing west 
Springfield and Alton State road now crosses to Up- fork of Wood 
per Alton; and thence to the Mississippi river at Lower '^7^'' '^^"^^ ^^ 
Alton, in Madison county, doing as little injury to private then^to Lower- 
property as a due regard to the public good will permit. Alton. 

Sec 2. That said commissioners, or amajority of them, 
shall meet at Vandalia on the second Tuesday in March When and 
next, or within sixty days thereafter, and after being duly "^^'^ to meet. 
sworn before some justice of the peace, or clerk of the shaii be sworn. 
circuit court, well and truly to perform the duties requir- Oath. 
ed of them by this act, according to the best of their skill ^"^y- 
and ability, shall proceed to view, mark, and lay out 
said road, agreeably to the provisions of the first section 
of this act. 

Sec. 3. That as soon as said road may be located the 
said commissioners shall make out a complete map or plat Commissioners 
of said road,so viewed, marked, and located by them; they '° '''P"'* ^ 

111 I' r I 11 • - rt' r- map and sur- 

shall certuy to the same, and deposite m the oihce of the vey to clerks 
county clerks of the counties of Fayette, Bond and Madison of Fayette, 
plats of so much of said road as may lie in those counties, json'coumies^ 
and the clerks of said counties shall cause said plat or sur- to be laid be- 
vey to be laid before the county commissioners courts of '^°i''' county 
each of the aforesaid counties at the first session of said '^""^ '°' 
courts, after the plat shall be filed in the office of the clerk 
and the said commissioners shall cause an entry thereof to 
be made on their records, and the said road so located, is 
hereby declared a public road, and the county commis- Declared a 
sioners of said counties shall cause the same to be opened I'^'^i'^ road- 
at least three rods wide and kept in repair in the same "^" *^°™" 



mjssionjrs. 



manner as other public roads are required to be by law. 

Sec 4. Each of said commissioners, markers and chain 
carriers shall receive such compensation for their services Compensatioit 
out of their respective county treasuries as their respective 
county commissioners courts may order and allow. 

Sec 5. Any State road heretofore located from Vanda- Repealing 
lia to Alton is hereby vacated. clause. 



U22 ROADS. 

Tlic foregoing bill having remained with tiie counc ii of 
revision ten days, (Sunday excepted) and the general as- 
sembly beinff in session, it has become a law, this lOth 
February 1837. A. P. FIELD, 

Secretary of State. 



vived 



In force 1st AN ACT to revive and continue in f&rce an act therein named. 

March,'] 837. 

Sec. 1. Be it enacted by the people of the State of Ilbnois 
represented in the General Assembly^ That the act entitled, 

,'^fi?'^^^^'''''"'^An act to locate a certain State road therein named," 
approved January 13th, 1830, appointing commissioners 
to locate a State road from Bon Pas Bridge, in Edwards 
county, to Bedell's mills on the Wabash river, in Wabash 
county, be and the same is hereby declared to be in full 
force and effect: P/ot)zrffi(/, That the commissioners named 
in said act shall locate the same within six months from 
and after the passage of this act. 
Approved 1st March, 1837. 



J r 07,1, AN ACT concerning a State road from Albion to Maysville* 

February, 1837 

Sec. 1. Beit cnaeted by the peojjle of the State of Illinois 
represeiited in the General Assembly^ That the present coun- 
County road ^y road, leading from Albion, in Edwards county, to Su- 
Sugar creek a g^^' Creek, be and the same is hereby declared a State 
State road. road, and that D.'iniel Ingraham and David Pugh, of Ed- 
Commissicners ^vards county,and Piobert Toler, of Clay county, be aad 

appointed to lo- ,, i , ■ ^ j • • / 

cate road from thcy are hereby appomted commissioners to view 
Sugar creek lo and locate a road from the last mentioned point to Fox 
^f Wa^ne"co ^^"^^^i ^^ o'' "^^'"^^ ^^^^- "orth cast comer of Wayne county, 
thence to Wii- thcncc to Wilcox's bridge, or as near as practicable across 
cox's bridge, k the Little Wabash, and thence toMaysville in Clay coun- 
thence toiviays^ j-jj g^j^ j^jj J SO viewed and located, shall be 

ville, and to be -' ' ' . i r- i 

a State road.. Opened and kept in repair as other btate roads are. 
commissioners Sec. 2. Said commissioners, or any two of them, after 
w be swown. being duly sworn before some justice of the peace, shall 
to me'et ^ "^ meet at the House of Isaac Greathouse, in Edwards coun- 
Duty ty? ^^ some day in the month of June next, and proceed 

to report to vicw and locate said; road aiiid report the facts to the 



ROADS. 



223 



county commissioners courts respectivfelj through which 
the same may pass. 

Sec. 3. The county commissioners' court of Edwards (. 
and Clay counties shall allow said commissioners a com- '""P^"^^""' 
pensation of one dollar and fifty cents per day for each and 
everyday they may be necessarily employed in the duties 
of this act. 

Approved 27th February, 1837. 



AN ACT to appoint coniHiissioners to locate a State road fioai William . 

Crow's to Jacksonville. In force, 19th 

Jan. 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly, That William Crow, Commissioners 
Isaac R. Bennett, and John Semple arc hereby appointed appojHted. 
commissioners to view and locate a State road from Wil- ^^^^^^ 
liam Crow's, in Morgan county, to Jacksonville in said 
county. Said commissioners, or any two of them, shall 
meet at the residence of William Crow^, on the first Mon- When &, where 
day in April next, or within one month thereafter, and ^° '"*^' 
after having been duly sworn by some justice of the peace ^^^^.^^ an oath 
of said county of Morgan, they shall proceed to locate a 
State road, beginning at the commencement of the State 
road running from said William Crow's to Musick's bridge 
in Sangamon county, running on the most eligible route 
to Samuel Robertson's Mill on the north fork of Indian 
creek, thence to J. J. Robertson's Mill on the South Fork 
of Indian creek, thence by John Semple's on the best 
route to Jacksonville, having due regard to farms and 
improvements. 

Sec. 2. Said commissioners shall blaze the trees to blaze (ha 
through the timber on said route, and shall set stakes at f'cs and set 
suitable distances through the prairie, and shall make out a to^j'^e^^o",^'^^'"** 
Written report of the location of said road, showing in said 
report the courses and distances of said road so located, jjeport to be 
which report shall be rctiu'ncd by one of said commis-ietumed to 
sioners to the coilnt}^ commissioners' court of said county, commissioners' 
being signed by a majority of them. 

Sec. 3. The county commissioricrs of Morgan county Compensatibn. 
shall allow said commissioners a reasonable compensation 
for their services, to be paid out of the county trea- 
sury* 

Sec 4. When said road is located, and a return made Ro^d located ' 
as aforesaid, the county commissioners shall appoint su- Supervisors to 
pervisor?. ^'■'hose duty it sliall be to warn in ?uch hands as '^^ appointed 



224 llOAiJS. 

iiiay be assigned by the county commissioners for that 
purpose, and proceed to cut out said road and keep the 
same in repair. 

This act to be in force from and after its passage* 

Approved 19th January, 1837. 



In force Jan 
16th, 1837 



Road fi-'oniCar 



AN ACT declaring certain roads herein named State roads. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly^ That the road, leading 
from Carrollton, Greene county, to Fayette, in said county, 



roiitonby Fay- thencc lo the county hnc of Macoupin county, so as to unite 
ette to count- with a State road surveyed and established in pursuance of 
line Macoupin ij^ ^ ^ chauffc partof tho State road leading from Van- 
to unite kState . °^i. „ 1 TA 1 r»'-»j 
voadfrom Van- dalia to Atias, in rike county, approved December 2'Ja, 

daiia to Atlas 1832, and the road leading fi-om Jacksonville, in Morgan 
?a?ksonvme°to county, to thetowu of Alton, in Madison county, by the way 
Alton declared of Fayette, in Greene county, be and the same are hereby 
.State roads, declared State roads, and shall be opened and kept in re- 
pair in the same manner as other State roads arc* 
Approved IGth January, l837. 



AN ACT to locate a State road from Newton, in Jasper county, to Decatu'i'^ 
In force, 2d ■ in Macon county. 

March, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois 
Cbmmiissioners fcprescntcd in the General Assembly, That John G. Purvis, 
appointed. of Shelby county, John Whetstone, of Coles county, and 
Thomas Garwood, of Jasper county, be and they are 
hereby appointed commissioners to view, mark, and locate 
a State road from Newton, in Jasper county, via Muddy 
Point, Wabash Point, Essex, Nelson, the bridge on Sanga 
mon river, at Allen's and Reed's Mills, to Decatur, in Ala- 
con county. 
^. Sec. 2. The conmiissioners aforesaid, or a majority of 

of m^eeting.^*^^ *^^*^'^-' ^''^^^l"^^^*-'^**^"'^ ^^^'^1 °^ ^<^wton on the first day 
of April next, or within three months thereafter, and after 
Shall bfi sworn, having been sworn hy some justice ot the peace faith- 
fully and impartially to discharge the duties required of 
them by this act, shall proceed to view, mark, and locate 
said road, keeping in view the shortness of the route and 



Duties 



ROADS. ^25 

the eligibility of tlie ground, so as to make the same a per- 
manent road. 

Sec. 3. The said commissioners, so soon as they shall shaii make out 
have completed said woik, shall make out a map or plat of a plat of road 
said road, ijivino; the courses, distances, streams, notable ^°^^^ .^""^secl 

~ • ■* With clerks oi 

places, &c. to be lodged with the clerk ot the county com- (-ommissioners' 
missioners' court in the several counties through which the courts 
said road may pass, of that portion lying and being in 
each county, which shall be recorded at length in the 
books of said courts. 

Sec 4. The county commissioners' courts of said Compensation' 
counties, through Vvhich the said road may pass, shall allow H°^^ "^^''® 
the said commissioners a reasonable compensation for their 
services in proportion to the length of said road in the se- 
vera.1 counties through which it may pass, and the said 
county commissioners shall cause said road to be opened 
and kept in repair in the same manner as other State roads. 

Approved, '2nd ivlarch, 1837. 



In force ist 

AN ACT to esiabliih a State road fiom Meacham's ferry i.i Pike county, to March, 1837. 
Carliiiville in RIacovipin county. 

Sec. 1 . Be it enacted hij the People of the State of Illinois, 
represented in the General Assembly, That Joel Meacham of Commissionera 
Pike county, Nathan Hart of Morgan county, and John appointed to 
Redfern of Macoupin county, be and they are hereby ^p J°'=ate road , 
pointed Commissioners to view and locate a State road 
beginning at Meacham's ferry in Pike county, opposite 
Division street in Montezuma, from thence to run on the 
best and most direct route to Glasgow, thence on the 
nearest and best route to Manchester, in Morgan county, 
thence on the nearest and best route to Scottsville in Ma- 
coupin county, thence on the nearest and best route to 
Carlinville; and also a State road from Bridgeport, to in- Additional 
tersect said road at some suitable and convenient point 
between Montezuma and G'iasgovv. 

Sec. 2. It shall be the duty of said Commissioners or 
a majority of them, to meet in Montezuma on the third .„ 
day of April next, or within sixty days thereafter, and after where to meet^ 
being duly sworn before some justice of the peace, to faith- 
fully discharge their duty agreeably to the provisions of Duties, 
this act, shall proceed to viev/ and locate said road as be- 
fore mentioned, and shall lay out said road not less than 
sixty-five feet in the bottom of the Illinois river, and not 
exceeding ci!::;htv five feet; and shall place m the prairies 

' 1)3;" 



226 



ROADS. 



through which said road shall pass, stakes of a reasonable 

size and marks on tiie trees in the timber, the stakes not 

to stand more than four hundred yards apart. 

Shall report to Sbc. 3. The said Commissioners shall within thirty davs 

fotntils '-^^ter having located said road make a report in writing, 

courts. '^"fl n'-' '^ topy of the same in the oflice of the Clerk of the 

county commissioners court, in each county through which 

said road may pass. 

Sec. 4. When .'^aid road is so located, it shall be opened 
Widthof road, f'^ur poles wide, (except in the bottom of the Illinois river,) 
How opened and kept in repair as other State roads are in this State, 
andkept in re The county commissioners of Pike, Morgan and Macou- 
pin counties, shall allow the commissioners of their res- 
Compensation. P^ctive counties a reasonable compensation for his [their] 
* services under this act, to be paid out of the county 
treasury of their respective counties, in any moneys not oth- 
erwise appropriated. 

Approved, March 1, 1837. 



In force , 4th AN ACT to locate a State road from Pekin to Paris . 

March, 1837 

Sec. I. Be it enacted hij the People of the State of Illinois^ 
Conimlssioiiers represented in the General Assembly^ That George Redmond, 
appoJntedtoio- Esq. of Edgar county, David Noble, of McLean county, 
road. ^"^ John Morgan, of Tazewell county, be and they are 

hereby appointed commissioners to view, mark, survey 
and locate a State road, commencing at some suit- 
able point in Edgar county, on the State road leading from 
Paris, in said county of Edgar, to Springiield in Sangamon 
county, thence running to the Little Embarrass timber on' 
the nearest practicable route, thence down the north side 
of said timber varying as little as practicable from a direct 
course to Marion, thence to Clinton in Macon county, 
thence to Waynesville, via New-castle in McLean county, 
thence via Eminence and Tremont, to Pekin in Tazewell 
county. 
Time and Sec. 2. Said Commissioners or a majority of them shall 

place of meet- meet at the town of Paris, in Edgar county, on the first 
i"g- Monday in June next or as soon thereafteras practicable, 

' a ^ ^^^""^^ and having first taken an oath before some justice of the 
peace, faithfully to discharge the duties required of them 
by this act, shall proceed to view, mark and locate said 
road, taking into consideration the situation of the country, 
and the public convenience, and shall fix said road on the 
most advantageous ground for a permanent road. 



ROADS. ' 227 

Sec. 3. The said commissioners, so soon as they shall 
have completed said work, shall make out a plat of the Shall make a 
route of said road, with the courses and distance?, which f!''\"'"'y ""•' 
plat having been duly certified by them, shall be returned 
to the county commissioners courts of the respective coun- 
ties through which said road may pass, and thereupon it 
shall be the duty of the said county commissioners court 
to cause so much of said road us lies in their respective „ 
counties, to be opened four poles wide, and to be kept in opened. 
repair as other State roads are required to be. 

Sec. 4. The said Commissioners shall make out and pre- 
sent to the county commissioners courts of the respective 
counties through which said road shall pass, a statement 
of the time and hands necessarily employed by them in 
locating said road in each county, and tliercupon it shall 

be the duty of said courts to make a compensation for the ^, 

II 1 II • - 1 • • , Compensation, 

sums severally due, allowmg to each commissioner two 

dollars per day, and to each hand necessarily employed 

by them one dollar per day, to be paid out of their i-espec- 

tive county Treasuiies. in proportion to the distance said 

■road shall pass through said counties. 

This act to be in force from and after its passage. 

Approve March 4, 1837. 



AN ACT to locate a ronrl finm Cleavelatirl in Tazewell county, to Versailles i„ force 3d 
in McLean county, and foi- other purposes March 1837 

Sec. 1. Be it cnaded by tke PccpU nf the Slate of Illinois^ 

■represented in the General AssembUu That James Robertson ^ . . 

/^T»T T 4 T i> I i. 1 T^ A 1I7I • 1 Commissieners 

of McLean county, Isaac JJorderant and ii,. A. Whipple appointed to lo- 

of Tazewell county, be and they are hereby appointed cate road. 

commissioners to view, mark and locate a State road from 

the town of Cleaveland, opposite the town of Peoria on 

the Illinois river, on the nearest and best route to the 

west end of Peoria street, in the town of Washington, 

in the county of Tazewell aforesaid, from thence through 

the said street on the nearest and best route to the town 

of Versailles, in the county of McLean. 

Sec 2. That John O'Kiian, Esq. John Roberts and Comnusstoners 

Philip Yarblc, of the county of Tazewell, be and they are ^'Pi'"''^'^^! 'o^o- 

hereby appointed commissioners to vjcv,', mark an J locate 

a State road trom the town of Pckin on tiie Illinois rive-, 

via the town of Groveland, and to thi- south end o/'Phclps' 

lane, on the most eligible loute to intersect the Springfield 

and Ottawa road, near the tov/n of Washington, in the 

county of Tazewell. 



^28 ROAaS. 

Their compen- Sec. 3. Said commissioners shall receive such compen- 
**'*°"» sation, as the county commissioners court of Tazewell 

county shall see proper to allow; a.nd said roads shall be 

opened at least four rods wideband kept in repair as other 

State roads are. 

This act to be in force from and after its passage. 

. Approved, March 3, 1837, 



In force Jan , ' 

16, 1837. ^N ACT to locate a part of the State road leadlug from Paris to Decatur; 

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

representedin the General Assembly^ That Henry Snyder, 

Commissioners *^o*^" Lee and Elisha Freeman, be and they are hereby 

to view and re- appointed Commissioners to view and re-locate that part 

locate road, of the State road leading from Paris, in Edgar county, to 

Decatur in Macon county, which lies between the bridge 

across west Okaw, and the town of Decatui". 

Sec. 2. Said commissioners shall meet at the town of 
When and Decatur on the first Wednesday in April next, or within 
To^take^^^^'^^^'-y days thereafter, and after taking an oath before 
oath'. some justice of the peace faithfully and impartially to 

discharge the duties enjoined on them by this act, 
shall commence at the ea:t end of the main cast and west 
street, and locate said road on the most suitable ground 
from the end of said street, to the bridge across the San- 
gamon river, at or near Allen's and Read's mills, and from 
said bridge on the nearest and best route, to the bridge 
across westOkaw. 
To cause asm- Sec. 3. Said commissioners shall within twenty days 
vey or plat lod- after Said location, cause a survey or plat of said road to 
ged with clerk \)q lodged with the clerk of the county commissioners court 
Louny com. ^^^ Macon county, and the said road is hereby declared a 
Sta,te road, and shall be opened and kept in repair in the 
same manner as all other State roads; find the county com- 
missioners court of Macon county, shall allor/ said re- 
viewers a reasonable compensation for their services. 

Sec. 4. That so much of the old State road, as lies be- 
tween Decatur and the bridge across the west Okaw is 
Part of road hereby vacated. 

vBcated. r|^|^jg .^^^^ ^^ ^^j^^ eiiect and be in force from and after its 

passage. 

Approvep, January U>. 1837. 



ROADS. 229 

AN ACT to locate 0. State road from Ottawa in La Salle county, to Napers- In' force Janua 
ville ill Cook county. ry I6ih, 1837 

Sec. 1. Be it enacted by the people of the State of Illinois^ Commissioners 
represented in the General Assembly, that R. M. Sweet of =^PP°'»t^^- 
Cook county, Isaac P. Hallock of La Salle county, and 
Benjamin Fridlcy of Kane county, be and they are here- To view and 
by appointed commissioners to view, survey, mark, and f"^'^,V°^'^ 

, •/ 1 r 1 ,• I ,1 • / -w . 1 /-i 1 from Ottawa 

locate a road troni the court house in Ottawa, by Ijrreen s ^(, jg Napers- 
mill, Wm. L. Dunavan's, Vetal Vermit's, Georgetown, ville. 
George Hollandback's, Wm. Harris', Edward G. Anncnts, 
and from thence to Napersville, on the nearest and best 
route. 

Sec. 2. Said commissioners or a majority of them, "hall -yvj^g^^nd 
meet on the first day of May next, or within four weeks where to meet, 
thereafter at Napersville, and, after being duly sworn be- To be sworn. 
fore some justice of the peace faithiuUy to discharge the 
duties required of them by this act, shall locate said road *^^th & duties, 
on the nearest and best route, and as soon as practicable 
thereafter, cause a map to be made of said road, and filed 
in the clerk's offices of the county comniissioners courts of 
the counties of La Salle, Kane, and Cook, and said road 
shall be kept in repair as other public roads are. 

Sec. 3. Said commissioners shall be allowed the sum of Compensation, 
two dollar? per day, for all the time necessarily employed 
in^said work, together with a reasonable compensation for 
one surveyor, two chain carriers and one marker, which 
several sums shall be paid by the counties through which 
said road shall pass, in proportion to the extent of said 
road in each county. 

Approved January 16, 1837. 



AN ACT to lay out a State road from Shawnee town to Equality, j ff-.-ceM h 

3d, 1837. 
Sec. L Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That John Crenshaw, 
Henry Eddy, and Joel Holiday be, and they are hereby 
appointed commissioners to mark and lay out a road from Commissicners 
Equality, across the north fork of Saline and Cypress creeks, appointed 
to Shawneetown on the best and mosteligible route, as to 0» best route, 
ground and crossing, having a due regard to straightness 
of direction, and they or any tv/o of them are hereby au- Po^^'^i^^s. 
thorised to expend any unexpended balance of an appro- 
priation heretofore made, which was to have been expen- 
ded by said Eddy and Crenshaw, and they are hereby au- 



mp ROADS. 

thorised to change by contract, the location of the bridge 
herelofore made across Cypress to suit the road herein 
provided for. 

Approved 3d March, 1837. 



In force March AN ACT to locate a state road from Danville to Decatur. 

2d, 1837. 

Sec. 1. Beit enacted by the people of the State of Illinois, 
represented in the General Assembly, That all that part of 
the county road that lies between Danville and the coun- 
ty line in Vermillion county, on the county road from 
Declared a ^ Danville to Urbana, is hereby declared a state road, and 
state road. shall be workcd and kept in repair as other state roads are, 
Shall be worked aj^ J that William Knox and Henry Sodoruscf Champaign 
^ county, and James A. Piatt of Macon county, be and 'hey 

Commissioners' „„„ii • ,. a ■ • ^ ■ i 

appointed. ' ^^^ hereby appointed commissioneis to view, survey, and 
locate a state road commencing on the county line be- 
Vermiiiion and twcen the countics of Vermillion and Champaign counties, 
ampaign, ^i^ej-g ji^g road from Danville to Urbt.na crosses the same, 
thence on the best and most eligible ground to Sidney in 
Champaign countj^, from thence in like manner to Decar 
turin Macon county: said commissioners or a majority of 
them, shall meet at Sidney in Champaign county, on the 
first Monday of June next, or within three months there- 
Shall be sworn, after, and after being duly sworn according to law, shall 
proceed to locate said road, commencing a: the county line 
between the counties of Vermillion and Champaign, where 
said county road crosses the same, shall pro eed with the 
Surveyor* aid of a county surveyor of one of the counties aforesaid, 
to view, survey, and locate the road aforesaid, on the 
best ground and on the most eligible route, for the 
same; taking mto consideration the accommodation of 
travellers and the citizens of the counties aforesaid, and 
they shall designate the whole route, by driving lirmly in 
To fix^takes in the ground stakes through the prairies, and by marking 
Prairie. ^^iq trees through the timber, by three hacks on both sides 

of each tree they shall mark to designate such road; 
and said commissioners shall on or bei'ore the first day of 
September next, file in the office of the clerk of the coun-r 
iShail file a co- j-y commissioners' court of each of the counties through 
which said road shall run, a copy of the survey of said 
i^eid notes, road, together with a copy of the field notes of the county 
surveyor, and a return or report of their doings, which 
said survey, field notes, and report shall be filed by each 
Clerks to file, of said clerks respectively in his office, as a public record 
of said road, and the doings of said commissioners in the 
premises. 



ROADS. 231 

Sec. 2. Said commissioners shall each of them receive a compe^sj^ioi^; 
compensation at the rate of two dollars each per day, to 
be paid out of the county treasuries of the several coun- 
ties through which said road shall pass, to be paid on the 
order of the county commissioners courts of said counties 
respectively, as a full compensation for their services. 

Approved March 2d, 1837« 



AN ACT to locate a State read fiom Enterprise in La Salle county, to Knox- j^ force MarcK 
ville ill iviiox county, 2 1837. 

Sec. L Be it enacted by the People of the State, of Illinois, 
represented in the General Assembly, That Brown Sirle, 
William M. Henderson of Putnam county, and Luther 
Driscoll of Knox county, be and they are hereby appoint- Commissioner* 
ed commissioners to view, survey, mark, and locate a t° ^'^w and lo- 
state road from Enterprise in La Salle county, by the *^^'® ^ *°^ ' 
Kinnorwood and Windsor in Putnam county, by Fraker's 
grove to Knoxville in Knox county. 

Sec. 2. The said commissioners, or a majority of them, 
shall meet on the first Monday in May next, or within ^j^ J" ^"'j^^gg^^ 
three months thereafter, at Knoxville in Knox county, and 
after being duly sworn before some justice of the peace To be sworn, 
faithfully to discharge the duties required of them by this 
act,shall proceed to view and locate said road, and, as soon 
as practicable thereafter, cause to be made a map of theTomakea 
survey of said road certified by them, and forward a copy j-^^P fj'county' 
thereof to the clerks of the county commissioners courts of commissioners 
the several counties through which said road shall pass, court, 
which shall be by him filed in his office, and the said road 
thus laid cut, shall be and is hereby declared a public state declared a 
road, and shall be v)pencd and kept in repair in the same ^*^^°* • 
manner as other public roads are. 

Sec 3. The county commissioners courts of the several 
counties through which said road shall pass, shall allow said ^ 

~ II i.- r ii • • Compensation 

commissioners a reasonable compensation lor their servi- ^f goJ^,^ij,gjojj. 
ces under this act, to be paid out of the county treasuries ers. 
respectively, in proportion to the extent of said road in 
each, Provided, the county commissioners courts of the Proviso, 
several counties through which said road shall pass, shall 
first cause to be entered upon their records, an order for 
the payment of the same. 
Approved 3d March, 1837. 



232 ROADS. 

In force March AN ACT declaving the road from Covington in Wasliington county by ISash. 
3rd 1837. ville to Pinckneyville in Perry county, and from Carlyle to Belleville State 

roads. 

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

represented in the General Assembly, That William H. Brads- 

„ . . by, and James Burns be, and they are hereby appointed 

Commissioners •' ' . , , ^ c /-^ • tCt i -n 

appointed to to review and lay out a road irom Oovmgton to JNashville 

review road, in Washington county, and report to the next term of the 

county commissioners court of said county of Washington, 

who shall make an allowance for a reasonable compensa- 

Compensation. tion ta the said William H. BradsJjy and James Burns, for 

their services. 

Sec. 2. The said road from Covington to Nashville, from 
thence by Jeremiah Rice's on Locust creek, 'thence by 
William Raney's in Washington county, thence by Ro- 
bert Higgen's to Pinckneyville in Perry county, and that 
the road laid out by order of the county commissioners 
courts of Clinton and St. Clair counties, from Carlyle in 
Clinton county, to Belville in St. Clair count}^, as laid out 
by them, be and the same are hereby declared state roads 
and shall be kept up and worked on in the same manner 
as other state roads arc. 
Approved March 3, 1837. 



In fore?, 28th AN ACT to locate a State road from the Mississippi to McComb counfy. 
Feb. 1837. 

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

rejnesentcd in the General Assembly, That John L. Smith, 

Enoch Conyers and Ishmael Davy, all of the county of 

Commissioners Adams, be, and they are hereby, appointed commissioners 

to view and ^q yicvv, lay out, and mark a State road, from a point on 

ioad.°" ^^ the Mississippi river, opposite the town of Tully, in the 

State of Missouri, by John McFaaden's store, V/illiara 

Wakefield's farm, thence to the town of Woodville, to the 

nearest and most practicable point on the road leading 

from Quincy to McComb; said road to be viewed and laid 

on the most practicable ground from point to point. Said 

commissioners, after viewing and marking out said road, 

„ shall report the same, toarcther with a description thereof. 

To report to, , V • i i j .i , • • •> t. c 

county com- undcr their iiauds, to the county commissioners' court ot 
missioners Adams couuty, OH or before the first term of their Court, 
after said view, and the number of days they arc necessa- 
rily employed. They may employ hands sutficienf to as 
sist them in said work. The said road, when viewed, 



ROAI>S. 233 

marked, and reported, shall be deemed a State road, and 
kept in repair as other State roads are. 

Sec. 2. The said commissioners shall, on or before the When and 
first Monday of April next, or within three months there- ^^''oi° to meet, 
after, meet at the said point on the Mississippi^ and thence 
proceed to lay out said road, as is directed in the preced- 
ing section; and the county commissioners' court of said 
county shall allow them, and the hands employed by them, AlidwtiBce. 
such compensation for their services out of the county 
treasury, as may seem just and reasonable for their ser- 
vices. 

Sec. 3. Any two of said commissioners, after having 
been duly sworn and qualified by some justice, may pro-<^°"""'«8'''n«^* 
ceed to lay out said road, and make their return accord- ''^"'"' 
ingly. 

AppitovED, 2Sth February, 1837. 



AN ACT to review and re-locate a State road froiri Lebanon toWiffdn's ferrv 

^ ■'■ In force, 2?th 

Sec. 1. Beit enacted by the people of the Stateof Illinois, ^^^'^^^"^ ' 
represented in the General Assembly, That John Messenger, 
Samuel Ogle, and Matthew Potter, arc hereby appointed ^""'""'''""^'"^ 
commissioners to review and re-locate the State road from ?JSTt rid 
i-.ebanon, in St. Clair county, to Wiggin's ferry, on the f""""! l^ebanon 
Mississippi river, opposite St. Louis^ Missouri. Said road f ^'SS'^^'" 
to be laid out on the nearest and best ground, having due 
regard to the private rights. 

Sec. 2. Said commissioners shall be allowed, oat of the r. 
county treasury of St. Clair county, a reasonable compen- fnTfoTpS' 
saiion perday lor the time necessarily employed in review- Commissioners 
ing and re-locating said road. Said commissioners shall ^'"^''° "P""' 
make and report to the county commissioners' court of St. 
Clair county, a plat of said road, so re-located as aforesaid. 

Sec. 3. Said road, when so re-located, shall be opened, 
worked, and kept in repair, as other Stote roads are; and Road to be o- 
all laws and parts of laws coming within the purview of f""^'^' *''=•, . 
this act be, and the same arc hereby repealed. Lawsrepeaied 

Approved, 27th February, 1837. 



KS 



234 ROADS, 

III force, Ut AN ACT to locate a part of the State road from Charleston lo Pans, 

March, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Isaac Lewis, 
John Galbreth, and William Fcwcl!, of Coles county, be, 
Commissioners and they are hereby, appointed commissioners to review 
to review road, and rc-locate so much of the State road leading from 
Charleston, in Coles county, to Paris in Edgar county, as 
lies between Samuel Lumbrick's, and Robert Brooks', in 
the county of Coles. 

Sec. 2. Said commissioners, or a majority of them, shall 

When to meet "^^et at Said Lumbrick's, on the first day of May next, or 

and be sworn within sixty days thereafter; and after being first duly 

for said^county g^Yorn by somc acting justice of the peace for said county 

of Coles, faithfully to discharge the duties enjoined upon 

them by this act, shall proceed to review and re-locate, 

and establish said road, on the nearest practicable route 

for a permanent location; crossing the Embarrass river 

at some suitable point for the erection of a bridge across 

said river; doing as little damage to private property as the 

nature of the case will permit. 

Commissioners s^c. 3. Said commissioners shall have power, if they 

empowered to ■■ i i ■ i . , , , ' . ' •' 

employ assist- ^"^^' ^^^"^ " '^c^^'^^s^'")'? ^'^ cmpJoy a competent surveyor 
aiice. and chain-men, to aid them in said location; and as soon 

To make a map f^s practicable after said road is located, said commission- 
ers, or a majority of them, shall make out a report, accom- 
panied by a map of said road, under their hands and seals, 
and transmit the same to the county commissioners' court 
of Coles county, which shall become a part of the records 

Compenfation.ofgaid ^OUrt. 

Sec 4. The county commissioncis of Coles county shall 
allow to said reviewers, and hands employed, such compen- 
sation for their services as they shall deem right and pro- 

'e"^'d '° ' '^ ° P*^^' ^^ ^^ \>"^\^ °^* ^^ t'^^ county treasury. 

Sec. 5. And said road, when so located, shall be opened 
the same width theit the original road is, and shuU be kept 
in repair as other State roads are. 
, Sec. 6. So much of a county road as now lies between 

ytateroad. the towns of Charleston, via Southerland's ford, and Hites- 
ville, be, and the same is hereby, declared a State road, 
and shall be opened and kept in repair as other Slate roads 
are. This act to take effect from and after the first day of 
May next. 

Appboved, Ist March, 1837, 



ROADS. 235 

AN ACT to locate a State road fiom l'eoria,iu Peoria county, to Knoxvillo In force, 3Ist 
in Knox county, and for other purposes. J^" Jo37. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
rcprese7ited in the General Assembly, That Ashael Hall and fppoS'To''' 
Amos Stevens, of Peoria county, and Lester T. Gillet, of view road from 
Knox county, be and they are hereby appointed commis- P^oi'a toKnox- 
sioncrs to view, survey, and locate a road from Peoria, in r' A-„„!° "'t^ 

T-» • T^ Ml 1 !• /• TT- line ivnox coun- 

Peona county, to Knoxville and to the west una of Knox ty, &,c. 
county, and at the place where the Monmouth road strikes 
the line of said county, on the south east quarter of sec- 
tion No. 25, T. 11, N. R. 1 West. 

Sec. 2. The said commissioners, or any two of them, Where and 
shall meet at Peoria on the first Monday in June next, ^^''^" '° ""^et 
or within four months thereafter, who, after being duly „ 
sworn before some justice of the peace faithfully to dis- „ 
charge the duties enjoined on them by the provisions of Duty, 
this act, shall proceed to view, survey, and locate said 
road upon the nearest and best practicable route, so as 
to make it a permanent and good road: They shall set 
permanent posts at every half mile in the prairie, and 
mark the trees in the timber: and the said commissioners Map& survey 
shall, on or before the first Monday in October, make or to be made <fe 
cause to be made true surveys and maps of said road, ^^^g"' Z^'®^''''' 
signed by them, and lodged in the office of the clerk of ties through 
the county commissioners' court of the several counties ^^'''ch it passes 
through which the said road may pass or be laid. 

Sec. 3. The said road, when laid out as aforesaid, Declared a 
shall be deemed and considered a State road, and the '^^*^ ™^^ ' 
county commissioners' courts of the counties through County com- 
which said road may pass, shall appoint supervisors over missioneis duty 
the same, and cause it to be opened four poles wide, and 
to be worked and kept in good repair. 

Sec. 4. The commissioners appointed under the pro- Compensation 
visions of this act shall receive a just and fair compen- 
sation of not less than one dollar and fifty cents per day 
each for the time they are necessarily employed; and they 
may employ a surveyor and chain-carriers, who shall re- 
ceive a fair compensation for their services, each county 
paying'its proportion for the time necessarily employed 
therein. 

Approved 31st January, 1837, 



a36 ttOAD^. 

hi foree, lOtli _A.N ACT to locate a State rsad fmm Macomb to tlie Mississippi river opp6-« 
Ja"- 1837. site Burlington. 

Sec, 1. -Be t/ enacted by the people of the State of Illinois 
represented in the General Assembly, That Richard H. Church' 
CommiMioners hill and Walter Houston, of McDonough county, and 
to view road Reason Redman, of Warren county, be and are hereby 
appointed commissioners to view, mark out, and locate a 
State road, to commence at Macomb in McDonough 
county, running with the county road as near as practicable 
to section twenty-one in township seven north, in range four 
west, thence to section six, in same township, thence tlie 
nearest and niost eligible route to the Mississippi river, in 
Warren county, opposite the town of Burlington in Wis- 
consin territory. 
Time of meet ^E.c. 2. The commissioners aforesaid, or a majority of 
jng. them, shall meet at Macomb on the first Monday of May 

next, or in three months thereafter, and before entering 
take oath ^^ ^^^ dutics assigned them by this act, shall take an oath 
before some justice of the peace faithfully and impartially 
to locate said road, keeping in view the shortness of the 
route and the eligibility of the j^round, so as to make the 
same a permanent road. 

Sec. 3. Said commissioners, so soon as they shall have 

niap!'^ ^ ^"^ * completed said work, shall make out a map under their 

hands with the courses, distances, streams, notable places, 

County com- with such estimates and remarks as they shall deem inter- 

missioners cstincf, and return the same to the county commissioners' 

to return map =>' . , ,, , i • i .i in 

to county com- court of cach county through which the same shall pass, 
mis'rs' eourt of the portion lying and being in cach covanty, which shall 
be recorded at length in said courts. 

Sec, 4. The map and report being filed, in pursuance 
of the third [section] of this act, the whole bill of expenses 
shall be made out, and presented to the county commis- 
Tomakcallow. gjojierg' coui-t q( i\^q counties of McDonough and Warren, 
^i.e to viewers ^^j^^ ^j^^jj ^^^.^j^^ ^^ allowance therefor for the sums sever- 
ally due, allowing the commissioners and each necessary 
hand employed a liberal compensation, the expenses of 
which shall be equally paid by said counties in proportion 
to the extent of the road in the same. 
To cause road g-j.^^ 5^ The county commissioners courts of the aforc- 
to be opened ^^-^ ^,Qjj,^^jgg gj^.^n ^.^^^^^ tj^^ said road to be opened so soon 
as practicable, worked and kept in repair as other State 
roads are. 

Approved 19th January, 1837. 



ROADS. ggf 

AN ACT to locate a State road from Galena to Beardstown . In force Feb. 

11th, 1837 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly., Thp„t A. M. Seymour 
of Henry county, Asa Crook of Wliitoside county, Israel 
Mitchell of Jo Daviess county, Russel Tone ray of Scluiy- Cnmmissioneis 
ler county, and G. A. Charles of Knox county be and they ^° "^ateroa 
are hereby appointed commissioners to view, mark and 
locate a State road leading from Galena in the county of 
Jo Daviess, via Wappal's on Apple river, Savanna at 
the mouth of Plumb river, Propliefs Town on Rock Riv- 
er via Henderson, Knoxville in Knox county. Rush- 
villc in Scliuyler county, to Beardstown on the Illinois 
river. 

Sec. 2. Said commissioners shall meet in Galena on 
or before the first Monday in June next, and after being duly 
Bworn bclore some magistrate of said county to faithfully 
perform the duties enjoined on them by this act; after 
which they shall proceed to locate said road in the man- 
ner pointed out by the first section of this act, and shall 
as soon as convenient cause to be filed with the clerk of the 
county commissioners' courts of the several counties through Commissionerg 
which said road may pass, a report and complete map of to make maps 
said road, which reports and maps shall be preserved, and 
shall form a part of record of said court, and upon filing 
said report the road so located shall be worked upon, and 
be a public highway. 

Sec. 3. The county commissioners' courts of the Allowance 
counties through w4iich said road may pass shall allow made 
to said commissioners, surveyors and chain-carriers, a rea- 
sonable compensation for their services, to be paid out of 
the county treasuries of the counties through which said 
road may pass. 

AprRovED, Fcbruarv llth, 1837, 



In force 19th 



AN i\.CT to locate a State road isi the county of Edgar. 

--. , , , , ,> 7 o, r ni- January 1837 

Sec. 1. Beit enacted by the people of the State oj Illi- 
nois represented in the General Assetnbly, Thai Walter New- 
ton, John Terrill and Abner Dill be and they are hereby Commissioners 
appointed commissioners to view and locate a State road appointed 
in the county of Edgar, beginning at the State line at the 
termination of a State road leading from Montezuma, In- 
diana, in section sixteen, town, fifteen north of range 



938 



nOADS. 



Where and 
when to meet 



Duty 

Surveyors to 
make plat, and 
delivey it t') 
ctmmissioners 
and they to file 
it with clerk of 
commissioners' 
court 

Said road so 
laid out 
deemed a State 
road 

Conipeu;a:nij 
of commis'rs. 



ten west, thence on the nearest and hest ground to the 
town of Paris in the county aforesaid. 

Sec. 2. The said commissioners, or a majoritiy of them, 
shali, after being duly sworn before some justice of the 
peace, meet at the place of beginning as set forth in the 
first section of this act, on the first day of April next, or 
within sixty days thereafter, and proceed to locate said 
road, taking to their assistance a competent surveyor who 
shall survey and mark said road, noting the course and dis- 
tance, and shall within twenty days thereafter furnish the 
road commissioners with a complete plat of the survey, 
whose duties it shall be to file the same with the clerk of the 
county commissioners' court, which report shall form a part 
of the records of said court, and the said road, so laid out, 
shall be deemed a State road, and shall be opened and 
kept in repair as other State roads arc. The county com- 
missioners' court shall pay to the said road commissioners," 
surveyor, chainman and marker, such compensation as 
they may think just and right. 

AppkovjEu 19th January, 1 837. 



In force March AN ACT to locate a Si^te road from Darwin to New Richmond in Clark 
2, 1837. ounty. 

Commissioners Sec. 1. Be it enacted by the People of the State of Illinois, rep- 
vieCroad fJo rcsentedin the General Assembly, That Clark Nicholls, James 
Darwin to New C. Hiiibert, and Isaac V. Dougherty be, and the same are 
-iiichmond, hereby appointed commissioners to view and locate a state 
road from the town of Darwin in Clark county, to New 
Richmond in the same county. 
When and Sec. 2. Said Commissioners or a majority of them, shall 

where to meet meet at the said town of Darwin on the first Monday of 
March next, or within ninety days thereafter, and after 
being duly sworn before some justice of the peace of said 
county, faithfully and impartially to discharge the duties 
of such commissioners as by this act directed, shall pro- 
ceed to survey, mark, and locate said road, beginning at the 
town of Darwin aforesaid, thence to Auburn and New 
Richmond on the best and most practicable route. 

Sec. 3. Said commissioners shall blaze trees through 
the timbered land, and set up stakes on said route where 
the same runs through the Prairie, and at the termination 
To set up mile of each mile, shall set up a post or stone marking thereon 
^^^^' the number of miles from the place of beginning. 

Width of road Sec. 4. Said road shall be laid out four poles wide, and 
and a state road shall bc Opened and kept in repair as other state roads. 



To be 

Oath. 

Duty 



To mark trees 
and set up 
,8 takes. 



ROADS. 239 

JEC. 5. The said commissioners shall within ten days To mke a map 
after completing such survey as aforesaid, cause a map or!!"'' "otesand 
plat of said road, with its courses and distances, to be tiled 
in the office of the clerk of the county commissioner's 
court of Clark county, and the county commissioner's 
court of said county shall allow said commissioners such p 
compensation as shall be just and equitable, for their trou- *""P^"^* '"" 
blc and expenses. 

Approved March 2, 1837. 



AN ACT for a -State road from {Jriggs\ ille via Portland to Joshua Hank's in In force March 
Greene coiuny. 3, 1837 

Sec. 1. Beit enacted by the people of the State of lllinios,^'»"'^^'^'^^'^^onevs 
represented in tlie General Assembly^ That James A. Col- ^''/^'J.'^'J^J J-^^^^^ 
lins of Pike county, and Joshua Hanks of Greene county^ Griggsviiie via; 
and Robert Sands of Morgan county be, and they are Portland to 
hereby appointed commissioners to view, mark, and lay out ^" ^' 
a state road from Griggsvillc via Portland in Pike county, 
to Joshua Hank's in Greene county. 

Sec. 2. Said commissioners or a majority of them shall When and 
meet at Griggsville on the first Monday of April next, or ^^h*^^'^ 'o "^•'^'^ 
within sixty days thereafter, and after being duly sworn '^° ^^ sworn 
before some justice of the peace of said Pike county, well ^*'^* 
and truly to perform the duties required of them by this ^"'y* 
act, according to the best of their skill and ability, they 
shall proceed to view, mark, and lay out said road agreea- 
ble to the first section of this act, locatmgsaid road on the 
nearest and most practicable route. 

Sec. 3. Said commissioners shall make reports of all g^"^*"^!^^!^^** 
the principal points of said road, and file the same with same and 
the clerks ofthe county commissioner's courts through which wiiere. 
any part of said road may pass, within thirty days after 
having located the same, which report shall be laid before 
the several county commissioner's courts at their next Duty of co. 
term by their clerk, whose duty it shall be to cause the *^""'■'• 
same to be recorded in the records of said court, and said 
road shall be opened and kept in repair as other state 
roads are. 

Sec. 4. Said commissioners shall receive such compen- Compensation 
sation for their services not exceeding two dollars per day, 
as the commissioner's courts of the counties through which 
said road shall pass, may deem just, to be paid out of the 
treasuries of said counties. 

Approved March 3d, 1837. 



240 



llOADS. 



In force March 
2, 1837. 

Commissioners 
appointed to 
locate road 
from Princeton 
by Pawpaw &,c 



When and 
where to meet 



To be sworn. 

Oath. 

iJuty. 

To make nut 

plat and file it, 

and where. 



CoRipeiisation 



AN ACT 10 locate a fJtale road from Princeton to Pawpaw grove.' 

Sec. 1 . Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That Cyrus Bryant, 
John Kindall, and Joseph Knox, are hereby appointed 
commissioners to view, mark, and locate a state road from 
Princeton in Putnam county, by Pawpaw grove to intersect 
the state road leading from Chicago to Dixons in Ogle county* 

Sec. "2. The said commissioners or a majority of them, 
shall meet at Princeton on the first Monday in May next, 
or within ninety days thereafter, and after being first duly 
sworn by some justice of the peace faithfully to discharge 
the duties required of them by this act, shall proceed to 
view, mark, and locate said road, taking into considera- 
tion the most eligible route for a permanent road; said com- 
missioners shall make out a plat of said road, and return 
the same to the clerk of the county commissioners court 
of the county through which said road shall pass, which 
shall be filed by the clerk of said court in his office. 

Sec. 3. The said commissioners shell receive a reasona- 
ble compensation, to be paid out of the treasury of the 
counties through which the said [road] shall pas?, in propor- 
tion to the distance in each, also a reasonable compensa- 
tion to such otiicr persons as nTay be .necessary to aid in' 
the location of said road. 

Approved IMarch 2, 1837. 



In force, Jan 
27, 1837. 
Commissioners 
appointed to 
view road from 
.Saleni to Jen 
ring's to New 
Nashville to 
colnmbus and 
to Chester. 



When and 
where to meet 
To be sworn. 
Oath. 



AN ACT to locate a State road from Salem to (^hesien 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Israel Jennings 
of Marion county, Samuel T. Henry of Washington coun- 
ty, and John Parks of Randolph county, be and they are 
hereby appointed commissioners to view, mark, and locate a 
state road, to commence at Salem in Marion county, thence 
tolsrael Jennings', thence to New Nashville in Washington 
county, and thence through Columbus to Chester in Ran- 
dolph county. 

Sec. 2. Said commissioners or a majority of them, shall 
meet at Salem on the first day of June next, or within two 
months thereafter and after being sworn by some justice 
of the peace faithfully to discharge the duties required of 
them by this act, shall proceed to view, mark, and locate 
said road from point to point as directed in the first section 
ol this a^t, upon the nearest and best roatc, avoiding as much 



ROADfi. 241 

as practicable any injury to farmers' improvements, and To report to 
private property on said route, and make out a return to ^'®'''^^°^.'^°""" 
the county commissioners courts oi the several counties eis courts 
through which it passes, a certified report of said road, through which 
describing as nearly as practicable the route and distance "P^^^^^- 
of said road, which shall be filed with the several clerks of 
the county commissioners courts thrcugh which said road 
passes, within one month after said road is located, and Declared a 
said road, when so located, shall be deemed a public state ^'^'® ^°^'^* 
road, and kept in repair as other state roads are. 

Sec. 3. The said commissioners shall receive such com- Compensation 
pensation for their services as the county commissioners 
courts of the counties through which said road shall pass, 
may deem just and reasonable, to be paid out of the sever- 
al county treasuries through which the said road passes. 

S:2C. -1. The county commissioners courts of Marion, County com- 
Washington, and Randolph counties, m.ay, at any time missiouers may 
they shall agree upon, have said road surveyed and plats v^yed "fec^""^^" 
thereof filed in the several clerk's ofiices of the county 
commissioners courts through which said road may pass. 

Approved 27th Jan., 1837. 



AN ACT to vacate part of a State road therein named. ^ -i foi'ce Jan. 

31, 1837 

Sec. 1. Be it enacted by the people of tlie State of Illinois, 
represented in the General Assembly, That so much of the 
state road heretofore laid out in Coles county, commencing 
at the Cumberland road near Greenup in said countj^, to ]?°^'' '^^^ 

, ,. . Ti • • m 1 it \ l\ v^reenup to 

run in the direction to Fans m ii.dgar county, be and the Paris vacated, 
same is hereby vacated- 
Approved Jan. 31, 1837. 



AN ACT for a State road from Peoria in Peoria cf unty , to Quincy in Ad- ^" ^°^'^^ J^"- 
ams county. "^^? looY . 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That James' Harker, J"'™'^J°"ei's 
Sen. of Peoria county, Joel Wright, and Robert Hughs, Qf^PP°"''^^' 
Fulton county, John Baker of Schuyler county, and Henry 
P. Childcrs, of Adams county, be and they are hereby ap- 
pointed commissioners to view, mark and locate a 

F2 



242 ROADS. 

road from Peoria, in Peoria county, by Canton in Fulton 
county, Leonardsville in McDonough county, Ralls mill, 
in Schuyler county, thence to Quincy, the seat of Justice 
of Adams county, having in view its permanency, and a due 
regard to the public convenience. 

Sec. 2. The said commissioners, or a majority of them, 
Whenand ^^'^^^^ meet On the third Monday in May next, or within 
where to meet, two months thereafter, at Peoria in Peoria county, and 
To be sworn, after being duly sworn before some justice of the peace, 
faithfully to discharge the duties required of them by this 
act, shall proceed to view, mark and locate said road, and 
as soon as practicable thereafter cause to be made out a 
report of the location of said road, designating the most 
Copy shall be noted points thcrcon, and return a copy of the same to the 
o/commission- clerk of the county commissioners court of each county 
ers court through which it may pass, which shall be by them filed 

in his office; and said road thus laid out, shall be and is 
hereby declared a public State road, four poles wide, and 
shall be opened and kept in repair as other State roads are. 
Sec. 3. Said commissioners, or a majority of them, shall 
be authorized to proceed and lay out said road as required 
May call assis- by this act, and Call to their assistance such help as may 
tance as may {jg necessary to assist in setting good substantial stakes in 
cess II . ^j^^ prairie and blazing the trees in the timber, and the 
county commissioners courts of said counties through 
which said road may pass, shall allow said commissioners 
and such other hands as they may necessarily employ to 
assist them, a sum not exceeding two dollars for each day 
necessarily employed in locating said road, to be paid 
by the counties through which said road shall pass in pro- 
portion to thenumber of days that said commissioners are 
necessarily employed in each county. 
Approvedj 31st January 1837, 



In force Jan, 

31, 1837. AN ACT declaring a road therein named a State road. 

Sec. 1. Be it enacted by the Peojjleofthe State of Illinois.^ 
represented in the General Jlssembly^ That the road lead- 
Road from ing from the State line of Indiana, and commencing near 
Bruce's mill to Bpuce's liopse mill in Edgar county, thence in a direct 
Tstate'^roacr'' line to intersect the Dorkeys ferry road, near George Nev- 
illes in said county, thence west so as to meet the west 
end of Joseph Curtis's lane, thence in a direct line to in- 
tersect the Sanford road, so called, near Sugar creek, 
thence to Paris, be and the same is hereby declared a 



ROADS. 243 

State road, fifty feet wide, and shall be kept in repair as Width. 
other State roads. 

This act to take effect from and after its passae. 

Approved 3ist January, 1837. 



AN ACT to locate a State road from York to New Rlehmond, in Clark county. , - /■ r 

' • - In force Janu- 

ary 31, 1837. 

Sec. 1. Be it enacted by ike People of the State of Illinois, 
represented in the General Assembly, That Nathan Wells, rommjssioners 
John Chancellor and Jacob Neel, be and they are hereby appointed. 
appointed commissioners to view and locate a State road 
from York to New Richmond, in Clark county. 

Sec. 2. Said commissioners or a majority of them shall 
meet at the town of York on the first Monday of March When and 
next, or within sixty days thereafter, and after being duly Z^ ]^ ^ " ' 

' , ^ ■ ,■ r ,1 ' /> ,, ^, ''r Shall be gworr. 

sworn before some justice of the peace of the county of 
Clark, faithfully and impartially to discharge the duties ^*'^° 
enioined upon them by this act, shall proceed to survey r. . , 
and locate a fetaie road ii'om lork, commeneing at the load fnm Y^ork 
corner of Union and Fish streets, in the county of Clark, to Martinsville 
to Milroe's post office, thence to Martinsville, thence to ^''""f '° ?^'?" 

•H.T -r»' 1 1 • .1 ' • 1 r ^1 1 1 . mend, then to 

New Kichmondm tae said county of Clark, tlience to in- intersect State 
terscct the State road leading from Charleston in Coles 
county, to Marshall in Clark county, upon the best and 
most practicable route. 

Sec. 3. Said commissioners shall lay out said road four ^^l^^\ pi^t & 
poles wide, and within ten days thereafter, shall cause a survey and file 
complete map or survey of said road to be filed with the it with clerk of 
clerk of the county commissioners court of Clark county, ^.";!'VJ„^^.°™' 
and the county commissioners of said county shall allow court Clark 
said commissioners such compensation as shall be iust and county. 

•. i,i„ Commissioners 

equitable. _ ^ ^^^y 

Sec. 4. Said road shall be kept in repair when so laid Compensation, 

out, as other State roads are. 

Approved January 3l , 1837. 



AN ACT to vacate part of a Stat3 road leading from Riiehrille in Schuyler j^, _,v^.^g j^^^ 
county, to Commerce in Hancock county. cyj ^§37 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That so much of the |*^*^ '^'.^^'^ ^^■®"' 
State road leading from Rushville in Schuyler county, to o^mmeroe.^ 



244 ROADS. 

Commerce in Hancock county, lying bet^vecn Jarvis' creek 
^. „ , „ and the court House in the town of Carthaii;e, be and the 
vacated. same IS hereby disannulled and vacated. 

Sec. 2. And that the county road laid out under an or- 
der of the county commissioners court, of Hancock county, 
granted at their /September term 1836, commencing at 
the public square in the town of Carthage, running out at 
the east end of south main street, and in a south cast di- 
Road declared rection SO as to intersect the aforesaid State road at Jarvis' 
a State road, creek, be and the same is hereby declared a State road, 
and shall be vforkcd and kept in repair as other State roads 
are. 

Approved, January 27, 1S37, 



In force Jan . ^-^ ACT for a State road from She]byvilie in Shelby county, to the county 
31, 1837. ]ine of Fayette count}'. 

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

represented in the General Jlsscmhly, That John J. Page, Pe- 

Commissioners ter Parker and Jeremiah Banning, of the county of Shelby, 

appmnted to |^^ ^^j ^j^^ ^^.^ hereby appointed commissioners to view, 

lOC3.tG ScllCl lOclu *'. CI 1 1 J i r^ 1 ii -ii 

survey and locate a fetate road, to commence at bhelbyviUe 
in Shelby county, running south to the county line of Fay- 
ette county. 
^ ^, Sec. 3. The commissioners aforesaid, or a majority of 

where to meet, them, shall meet at Shelbyville on the first Monday in 
Shaiitake oath ^pj^il next, or within three months thereafter, and before 
ofpearr'"^" entering on the duties assigned them by this act, shall take 
an oath bef -re 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. 
c,„„ , , Sec. 3. The said commissioners so soon as they shall 

onau make out i i • i i i n j 

a map under havc compictcd said work, shall make oi.t a map under 
their hands. their hands, With the cout'ses, distances, streams, notable 
county com- placcs, with such estimates and remarks, as they shall 
missioners deem interesting, and return the same to the county corn- 
court, missioners court of the county of Shelby, which shall be 
recorded at length in said court. 

Sec. 4. The map and report being filed in pursu- 
survey to be" -^nce of the third section of this act, the whole bill of 
filed in clerk's expeiises shall be made out and presented to the coun- 
office ^y commissioners court of Shelby county, who shall 

mksi'oners'"' make an allowance for the sums severally due, allow- 
shaii make an ing the commissioners and each necessary hand employed 

allowancB 



ROADS. 245 

a reasonable compensation, the expenses of which shall be To bo paid out 
paid out of the county treasury of Shelby county. ofthecounfy 

Sec. 5. The county commissioners court of Shelby '^''^^^^"'5''' 
county shall cause the said road to be opened so soon as 
practicable, worked, and kept in repair, to the best advan- 
tage. 

Approved, January 31, 1837. 



AN ACT to review anJ lelocalc a State road fiom opposite Naples to Center- j,^ force .list 
ville, in Adams county, j^^i^ 1837 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly^ That Isaac Davis and 
Isaac S. Gross, of Pike county, and John Wigle, of Adams 
county be, and they are hereby appointed commissioners Commissioners 
to review and relocate a road from the ferry opposite the appointed to ' 
town of Naples, in Morgan county; thence to the town of ^^w road from 
Perry, in Pike county; thence to George W. Hilyards; ^'^ji^'g^,^*"^^^^'^" 
and thence on the nearest and most practicable route to Centerviiie. 
(/cnterville, in Adams county, having in view its perma- 
nency and a due regard to the public convenience and 
private interest. 

Sec. 2. The said commissioners shall meet on the first When and 
Monday in June next, or within two months thereafter,at *here to meet. 
Perry, in Pike county, and after being duly sworn before q^^P*^^ sworn, 
some justice of the peace, faithfully to discharge the duties 
required of them by this act, shall proceed to re-view, Their duty. 
mark, survey, and re-locate said road, and as soon thereaf- 
ter as practicable, cause to be made out a report of the lo- *° ™a-ke re- 
cation, with a plat and survey of the same to the clerk of and 'survey to 
the county commissioners court of each of said counties, derk of county 
which shall be filed by him in his office; and said road thus '^^'"'^'f^"?'"'^ 

, . , 1 11 1 1 • 1 1 111 1 )• t( . court of each of 

laid out shall be and is hereby declared a public State said counties. 
road, and shall be opened and kept in repair in the same -Said route de- 
manner as- other public roads are. rdad'^f "" "^""^^ 

Sec 3. Said commissioners are authorised to employ a Commissioners 
surveyor and necessary chain men, to assist iu locating authorised to 
said road, and the county commissioners of said counties ^^.!?';"^.i^^!i'? 
shall allow said commissioners, surveyors, and chain car- survey, &c 
riers a sum not exceeding two dollars each, for every day Compensation 
necessarily employed in Iccating and marking said road, 
to be paid equally out of the county treasuries, in 
proportion to the extent of said road in each. 

Approved January 3l, 1837. 



246 ROADS. 

In force .''1st AN ACT to locate a state road from Shokokon, in T/arren county, io Rusb- 
Jan. Ifc37. ville, in Schuyler county. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Joel Huston, jun., 
of Warren county, David Greenleaf, of Hancock county, 
and John Hardystec, of McDonough county be, and they 
Commissioners are hereby, appointed commissioners to view, survey, 
appointed to mark and locate a state road from Shokokon, in Warren 
Shokoke^n to°"" ^^^^"^7'°^^ the nearest and best route to La Harpe, in 
La llarpe, Hancock county, and from thence on the nearest and best 
then at or near route until it intersects the Rushville and Fountain Green 
J. Hewitts. gj;J^^(^ road at ornear Samuel Hants', in McDonough coun- 
ty, having in view its permanency and doing as little in- 
jury to private property as the public good will permit. 
Sec. 2. The said commissioners, or a majority of them, 
'^i%Tleet ^^all "^cet at Shokoken on the first Monday of April next, 
ing. or within three months thereafter, and after being duly 

Shall be sworn gworn before some justice of the peace, well and truly to 
Duties perform the duties required of them by this act, shall pro- 

ceed to view, survey, mark, and locate said road, designating 
the route by setting stakes in the praiiie and mark on the 
trees in the timber, and shall make a report of the location 
Return a copy ^^ ^^^^ road, giving the most noted points thereon, and re- 
of report to tum a copy of said I'eport to the clerk of the county com- 
cierk of county missioners court of each of said counties through which 
eac"h county" ^he Said road sliall pass, which shall be filed by him in his 
through which oflicc, and Said road thus laid out shall be, and is hereby, 
it passes. declared a public State road, and shall be opened and kept 

State road ^^ repair in the same manner as other public roads. 
Compensation. Sec. 3. The county commissioners courts of the re- 
spective counties, shall cause to be paid to the said road 
commissioners and such hands as the said commissioners 
may find it necessary to employ in viewing, surveying, 
marking and locating said road such compensation out of 
the county treasury as they may deem reasonable, each 
county to bear her proportional part of the expense accor- 
ding to the distance said road may pass through the same. 
Approved, Slat January, 1837. 



ROADS. 



947 



AN ACT to change a part of the road from Shelbyville to the Wabash. In force, Jan. 

Sec. L Be it enacted by the people of the State of Illi- ^^^' ^^^'^" 
nois represented in the Gerieral Assembly^ That so much of Road from 
the State road as lies between John Howards in the coun- Howard's, in 
Xy of Crawford and the Wabash river, as viewed and loca- ^'■^'' ^°"* ''P' 
ted under an act approved January the sixteenth, one thou- taciSd'flnd^ 
sand eight hundred and thirty-six, entitled "an act to lo- the present co. 
cate a State road from the Wabash, in Crawford countv, '°^'' ^''°™ ^^^' 
to Shelbyville, in Shelby county" be, and the same is^S'Thref 
hereby vacated. tween sec. i & 

Sec. 2. That the present county road leading from ^^^"' H^'' 

T)„i„„4.;„ L T -IS7- I. TT 1 y T ^ andonsaidhne 

Palestme, by Isaac Walters, Richard Lagow's, sen., Josh- to the river. 
ua Barbee's and Eldridge S. Janney's farm; and from 
thence, running a northwesterly direction until it inter- 
sects the Shelbyville State road as located by the commis- 
sioners appointed under the act of January the 16th, 1836, 
and from Palestine to the Wabash river, commencing at 
the south end of main east street; thence along the coun- 
ty road that leads to the mouth of Lamott creek until it 
strikes the south east corner of southvv^est quarter of sec- 
tion thirty-five, town seven, range number eleven west; 
from thence south eastwardly until it strikes the high land 
on the south side of Lamott creek, a few rods above Jo- 
seph Kitchell's brick yard; thence running a straight line 
as near as practicable until it strikes the section line be- 
tween section one and twelve, in town six north, range 
eleven west; thence on said line to the river be, and the 
same is hereby declared a State road, and that so much 
of the county road as lies between the east corner of the ^'^'^^^'^^d a 
south west quarter of section thirty-five and the mouth of '^^'^ '°^'^' 
Lamott creek be vacated. 

Sec. 3. The county commissioners court of the county 
ofCrawford shall appoint two competent persons whose CmwK"a°p 
duty It shall be to mark and survey said part of said State point two com. 
road as lies between the southeast corner of the south '"'^*'°"^'"^^° 
west quarter of section thirty-five, town seven, range num- veTpan ofTaid 
ber eleven west, to the Wabash river, varymg as little as road. 
practicable from the lines laid down in this act. 

Sec. 4. The persons appointed by the commissioners 
court, shall proceed to mark and survey said road as soon Commissioners 
as practicable, and make their report to the clerk of the *« '"ake report- 
county commissioners court, who shall record the same 
as far as any change may be made from a direct line, and 
when done, shall be opened sixty feet Vv^ide,and kept in re- 
pair as other State roads are; and the two persons shall re- ^'''^^ of road. 
ceive one dollar and fifty cents out of the county treasury 
for every day they may be necessarily engaged in said Compensation. 
work. 

This act shall be in force from and after it passage. 

Approved, January 31, 1837. 



ROADS. 

In force, Jan- AN ACT to Jocate and establish a state road from the State line of Indiana to 
31, 1837. intersect the road leading from Paris, in Edgar ccAmty, to .Springfield, 

Sec. 1. Bs it enacted by the People of the State oj Illinois, 

represented in the Genercd Assembly^ That James Gordon, 

James Flack and Thomas IL Dougherty be, and they are 

Commissioners liercby, appointed commissioners to view, and lo- 

appoinied to ^ate a" State road leading from the State line of Indiana 

locate said ^. /> , .^ . • ,i . r -t^ ^ 

road. to Catush Point, in the county ot Edgar. 

Sec. 2. The srdd commissioners shall meet at Bloom- 
Shall meet field, in the county of Edgar, on the third Wednesday in 
atBioomfieid. ]^|.^^, next,or within sixty days thereafter, and after having 
_^ime o meet- ^^^^ j^]^ sworn by somc justice of the peace, impartial- 
Shliii be s-.vorn. ly to locate said road, they shall commence at the State 
line aforesaid, between townships fifteen and sixteen north 
of range ten west, in the said county of Edgar, and 
thence to the centre of section eleven west, thence across 
the state road on Main street in the said townof Bloomfield; 
thence upon the best and most practicable route to the 
On best route jV/jyij^ej-rv Grovc: thence to little Suiabarrass Point; thence 

to timbarrass . J , ' ,, ,. ^ th-jci-cu 

Point. to intersect the state road leading irom raris to bpnngnela 

at the most suitable point on said road in a direction to 

Charleston, in Coles county. 

Sec. 3. Said commissionerss shall, wdthin twenty days 
Shall cause a after the location of said road, cause a true survey or map 
true survey. of the same to be lodged with the clerk of the county 

commissioners court of Edgar county; and the said road 
T>,.i,,.„^ n shall be.and the same is hereby declared a State road, and 
state road, shall be Opened and kept in repair as other state roads now 

are; and the county commissioners court of said county 
County com. shall allow Said reviewers the sum of one dollar and fifty 
shall allow ccnts cach per day, as compensation for their services. 

compensation . ^ ^. ,t .oo-r 

to said com'rs. APPROVED, 3lst January, 1637. 



In force, 28th AN ACT to locate a State road fiom Chester in Randolph county, to Waterloo 

Feb. Ib37. 

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

apTohued!"''' and John C. Crozier, of the county of Pvandolph, and Isaac 
Tolin, of the county of Monroe, be and they are hereby 
appointed commissioners to view, survey and locate a State 
road to commence at Cliester, in Randolph county, from 
thence running to Evansvillc in the same county, and from 
thence to Waterloo, in Monroe county. 

Sec. 2. The commissioners aforesaid or a majority of 

when to^'meet. them, shall mcct at the town of Chester aforesaid, on the 



ROADS. 2i9 

fii'st Monday in April next, or within sixty days thereafter, 
as maybe agreed on by said commissioners, and shall enter Requisite oath. 
on the duties assigned to them by this act, after they shall 
have taken an oath before some justice of the peace faith- 
fully and impartially to locate said road, keeping in view 
the shortnessof the route, and the eligibility of the ground, 
so as to make the same a permanent road; whenever the 
said road may be located through prairie, it shall be the 
duty of the said commissioners to mark the same by pla- -j-o nut up 
cing stakes in the ground four feet in heighth, at the dis- stakes, 
tance of every quarter of a mile: when through timber land 
by blazing the trees in such manner as to make the course 
of said road plainly disccrnablc. 

Sec. 3. The said commissioners so soon as they shall Duties of com- 
have completed said work, shall make out maps under their '"'^"O"®"- 
hands describing the courses, distances, streams, and such 
other estimates and remarks as they shall deem interesting, 
and return the same to the county commissioners courts 
of each county through which the same shall pass, which 
maps so returned shall be filed in said courts. 

Sec. 4. Said road when laid out as aforesaid, shall be 
deemed a public highway, and the county commissioners 
courts of the aforesaid counties shall cause the same to be 
opened four poles wide, and to be worked and kept in re- 
pair as other State roads are. The respective county com- p^tjes of cou 
missioners courts of said counties aforesaid, shall allow ty commission- 
said commissioners a reasonable compensation for their ^''^ coun. 
services, as also'a compensation to such attendants as ^re ^.^jj^^j^^Q^g^g 
absolutely necessary for each day employed in the dis- 
charge of said work, to be paid out of the respective county 
treasuries. 

This act to take effect and be in force from and after its 
passage. 

Approved, February 28, 1837. 



AN ACT to locate a State road from Warsaw iu Hancock county, to Peoria In force Feb. 
ill Feoria county. 4, 1837. 

Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented iJi the General Assembly, That John Montague of 
Hancock county, Daniel Campbell of McDonough county. Commissioners 
and Amos Stevens of Peoria county,and William Waltersof appointed to lo 
Fulton county, be and the_y are hereby appointed commis- "^^'^ ^°^'^'' 
^ioners to view, survSy, mark and locate a State road from 
Warsaw, in Hancock county, through Carthage, on the 

G2 



250 



ROADS. 



Shall be sworn 



Shall put up 
stakes in the 
prairie, 



nearest and best route to McComb in McDonough county, 
from thence to Canton in Fulton county, and from thence 
toPeoriain Peoria county, having in view its permanency, 
and doing as little injury to private property as the public 
good will permit. 
When and Sec. 2. The said commissioners or a majority of them, 

where to meet si;iall meet at Warsaw on the second Monday in May next, 
or within six months thereafter, and after being duly 
sworn before some justice of the peace of the said county 
of Hancock, faithfully to discharge the duties required of 
them by this act, shall proceed to view, survey, mark and 
locate said road, designating the route by setting stakes in 
the prairie, and marks on the trees in the timber, and shall 
make a report accompanied with a neap or plat of said 
road, giving the courses and distances from point to point, 
and return a copy of said report and plat to the clerk of 
the county commissioners court of each of said counties 
through which said road shall pass, which shall be filed by 
him in his oflice, and said road thus laid out shall be and 
is hereby declared a public State road, and shall be opened 
and kept in repair in the same manner as other public 
roads are. 

Sec 3. The said commissioners or a majority of them 
shall be authorized by this act to call to their assistance a 
surveyor, and such other help as may be necessary for the 
location of the same; and the county commissioners court 
of each county through vv'hich the same may pass, shall 
allow the said commissioners and such other hands as they 
may employ to assist them, a sum not exceeding one dol- 
lar and fifty cents for every day necessarily employed in 
locating said road, to be paid out of the county treasury of 
each county according to the number of days said com- 
missioners are employed in each county through which 
the same may pass, proi-ided however^ should there be a 
State road located from Canton in Fulton county, to Peo- 
ria, before the road authorized in this act is located, then in 
that case the said commissioners are not authorized to lo- 
cale the road named in this act, further than such point o% 
intersection. 

ArPRovED, 1th February 1837. 



Powei' to call 
a«a stance. 



ROADS. 251 

AN ACT for a State road from Utica in Fultoa county, to Faraiiiigton. In force, Feb 

7, 1837. 

Sec. 1 . Be it enacted by the People cf the State of Illinois, rep- 
resented in the General Assembly, That Charles Hunt, and 
Jesse Collins, of Fulton county, and Edson Harkness of 
Peoria county, be and they are hereby appointed com- CommigsioBers 
misioners to view, mark and locate a road from Utica in 
Fulton county, the nearest and best route by Walling &; Best route. 
Go's mill, on Copperas creek, and Aurora to Farmington, 
having in view its permanency and a due regard to the 
public convenience. 

Sec. 2. The said commissioners shall meet on the third Time and 
Monday in May next, or within thirty days thereafter, at place of nteet- 
Utica in Fulton county, and after being duly sworn before "'S- 
some justice of the peace, faithfully to discharge the duties 
required of them by this act, and as soon thereafter as 
practicable, cause to be made out a report of the location 
of said road, designating the most noted points thereon, ^^^^^ ^"it^ * 
and return a copy of the same to the clerk of the county „ja(ie of said 
commissioners court of each of the counties of Fulton and road. 
Peoria, which shall be by him filed in his office, and said "^"^f ^^^ '" 
road thus laid out, shall be and is hereby declared a public 
State road, and shall be o] encd and kept in repair as 
other State roads are. 

Sec. 3. The said commissioners are authoiizedto em-^°^"."' ^'^' 
ploy one person as amarker, to assist in locatingsaid road,ed°5^"*'^""' 
and the county commissioners' courts shall allow said 
commissioners and marker not exceeding two dollars each Compensation. 
for every day necessarily employed in locating and mar- Timeempioy- 
king said road, to be paid by the county commissioners 
court of each county, through which the said road may 
pass, in proportion to the distance in each county, when 
said commissioners shall have tiled a copy of the report as 
recited in this act, duly certified and attested by them. 

Approved, Tth February, 1 837. 



AN ACT to locate a Slate road from Atlas, in Pike county, to the south j^ force 10th 
line of Adams county. February 1837 

Sec. 1. Be it enacted by the people of the State of Illinois Commissioner* 
represented in the Gencnd Assembly, That Robert Davis, ^PP°'"''^^ '° 
Samuel A. Nismith, and Joshua Woosley, of Pike coun- Atlas viaRocL- 
ty, be and thsy are hereby appointed commissioners to port & Kinder- 
view, mark, and lay out a State road from Atlas, via Rock- \^°^lfHf^ 
port, New-Canton, and Kinderhook, to the south line of ^Xmy. *™* 



252 ROADS. 

Adams county, under the Mississippi Bluff, doing as little 
injury to private property as the public good will ad- 
mit. 
When & where ^Ec. 2. That said commissioners shall meet at Atlas 
to meet on the first Monday in April next, or within sixty days 

thereafter, and after being duly sworn before some justice 
Oath° ^"'°^^"' of the peace of the county aforesaid well and truly to 
Duty perform the duties required of them by this act, according 

to the best of their skill and abilities, they shall proceed 
at the place of beginning, and view, mark, and lay out 
said road, agreeably to the first section of this act, 
locating said road on the nearest and most practicable 
route. ' 

May employ a Sec. 3. Said commissioners are authorized to employ 
smveyor &c, a surveyor and necessary chainmen to assist in locating 
w^th a'^^iaTand ^^^^ road, and shall make report of all the principal 
survey, & file points, together with a plat and survey thereof certified 
it with clerk, by Said surveyor, and file the same with the clerk of the 
county commissioners' court within thirty days after hav- 
ing located the same, which report shall be laid before 
the county commissioners' court at their next'term by 
their clerk, whose duty it shall be to cause the same to be 
Road to be recorded in the records of said court; and said road shall 
opened ^g opened and kept in repair accordingly. 

Compensation ^^^* ^' ^^'^ commissioners, surveyor, and chain-car- 
riers shall receive such compensation for their services, 
not exceeding two dollars per day, as the commisioners' 
court may deem just, to be paid out of the count}' trea^ 
sury. 

Approved, 10th February, 1837. 



In force 10th AN ACT to locate a State road from Hennepin by Pekin, to Spriiiefield, 
Teh, 1837 

Sec. 1. Be it enacted by the people of the State of Illi' 
-, . . 7iois represented in the General Assembly. That Ira J. Fenn 

Commissioners r Tt J j t i \\t\ r m ii 

appointed to lo- 01 rutnam county, Jacob Wilson of lazcwell county, 
cate road from and Philo Bevis of Sangamon county be and they are 
S ri'nXld ^^ appointed commissioners to view, survey and locate a State 
road, to commence at Hennepin in Putnam county, running 
thence through Hudson and Wesley city to Pekin in Taze- 
well county, thence to Springfield in Sangamon county. 
To meet at Sec. 2. The said commissioners, or a majority of 
SMondayof them, shall meet at Hennepin on the first Monday in 
April and sui- April next. Or within three months thereafter, and after 
rey said road, being duly sworn by some justice of the peace of this 



'Ommissioners 
or- 



ROADS. 253 

State to observe the provisions of this act, shall proceed 
to lay out, locate, and survey said road from Hennepin, 
by Hudson and Wesley city, to Pekin, and thence to 
Springtield, on the best and nearest route, and in such 
manner as will best subserve the public interest. 

Sec. 3. Said commissioners shall cause the route of Shall cause the 
the road aforesaid, where it passes through timbered land, '°^j °na^iked* 
to be properly marked on the trees, and also fix posts and keep field 
firmly driven in the ground at the end of each quarter of"°^''^ °* ^^^ 
a mile; and when the said route passes through prairie 'j"|.j, 'g^^i^^g to" 
land, by fixing posts alongthe route and at the end of each the clerks of 
mile, raising mounds of earth at least two feet in height and ^'^^\ '^°^!^^\ *° 
three feet in diameter at the base; and the said commission- 
ers shall keep field notes and make plats of the route, and 
return the same to the clerks of the county commissioners' 
court of each county, of that part of the road laid out in such 
county certified by them. And it shall be the duty of the ^^ 
county commissioners of each county in which said road court shall" 
shall be laid out to cause an entry to be made upon their der road to be 
records of the same, and direct by an order the opening °P''"'^ 
of the same and keeping it in repair as other public roads 
in this state. 

Sec. 4. Whenever said road shall be laid out as afore- 
said, it shall be deemed a public road, be opened four poles Aiui deemed a 

■ 1 1111 1 1 1 1 r •, puDhcroadi 

Wide, and shall not be changed or turned out oi its course 
under any pretence whatever, except by an act of the 
General Assembly. 

Sfx. 5. All roads and parts of roads now established „ ^ds vacate i 
between any and all the points named, when the road and" wjrk ap- 
hereby authorized shall not run thereon or vary from plied on new 
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 public convenience 
requires that the same should be kept open as a county 
road, in which case a special entry of record shall be 
made by the county commissioners' court respecting the 
same. 

Sec. 6. The said commissioners shall make out a 
statement of the length of time necessarily employed by 
them, and also their necessary hands in locating said road 
in each county through which the same passes, and pre- 
sent it to the county commissioners' court of the proper 
county, and said courts arc hereby authorized and re- q,,^ g^gatiou;" 
quired to make said commissioners and their necessary 
hands a reasonable compensation per day out of the coun- 
ty treasury for their services rendered under this act. 

Sec. 7. Should any of the commissioners above named j^^ ^^^^ of refu- 
refuse or fail to act from any cause whatever, the county sal to serve, 
commissioners court in session, or any two of the judges of commissioneis' 



2M ROADS. 

court to fill the said court in the county in which such refusal or faii- 
vacancy ^^.g happens, may appoint a person to fill such va- 

cancy. 

Skc. 8. The said commissioners shall locate said road 
as far as will be consistent with the public convenience on 
the county road now established, leading from the line 
between Putnam and Tazewell counties to Pekin. 

Sec. 9. When the said road shall run through the 
lands of any individual or individuals, and the owner or 
owners thereof shall not consent to the opening of the 
said road through his or her lands, it shall be the duty of 
the supervisor to be appointed on the said State road to 
go before some justice of the peace, and institute such 
proceedings as are required by the 32d section of an act 
entitled "An act concerning public roads," approved Feb- 
Ownersof land ''^ary 3d, 1835, to ascertain the damage accruing to such 
to be allowed Owner or owners by the opening of such road through 
for damages his or her lands; and it shall be the duty of such justice 
to proceed in all respects as the said section of said act re- 
quires. It shall be the duty of the county commissioners' 
court of the county in which such lands may lie, to pay 
to the owner or owners thereof the damages to be as- 
sessed as aforesaid. 

This act shall be in force from and after its passage. 
Approved 10th February, 1837. 



In force 7th AN ACT to locale a State road fiom Ottawa to Grandatuie, and thonca 
February, 1837 north to intersect a fc^tate road from Peoria to Galena. 

Sec. 1 . Be it enacted by the people of the State of Illinois 

represented in the General Assembly, That Justin Dewey of 

Commissioners La Salle county, Joseph Knox of Putnam county and 

appointed to Leonard Andrews of O^lc county, be and they are herc- 

view road toi -.i •■ .• iix 

the north point "J appointed Commissioners to \ie\Y, survey and locate a 

of Knox's road from Ottawa in La Salic county, to George Johnson's 

<^i"^e, thence at the north end of Troy Grove, thence to the north point 

"^"^^^ of Knox's Grove, thence to Bliss' Grove, thence to Gran- 

dature, and from thence north to intersect the State road 

from Peoria to Galena. 

Sec. 2. Said commissioners, or a majority of them, 
^j,g^"f"^ggt shall meet at Ottawa on the first Monday in April next, 

or within four months thereafter, ajid after being duly 
Tobesworn. sworn before some justice of the peace faithfully to dis- 
Oath. charge the duties required of them by this act, shall pro- 

"^"^y* ceed to view, mark, and locate said road on the nearest 



ROADS. 255 

and best route, heaving due regard to the public good, and And to make a 
as soon thereafter as practicable cause to be made a map ""^P ^"f^ ^^' 
of the survey of said road, certified by them, and forward tofi'ie U 
a copy thereof to the clerk of the county commissioners' 
court of each of the counties through which said road shall 
pass, which shall be by him filed in his office, and the said 
road thus laid out shall be and is hereby declared a public Declared to be 
State road, and shall be opened and kept in repair in the a Stat* road 
same manner as other public roads are. 

Sec. 3. The county commissioners' courts of the sev- 
eral counties, through which said road shall pass, shall 
allow said commissioners such compensation as to them Compensation 
shall appear reasona])le and jusf, together with a reason- °^ commii'rs. 
able compensation for one surveyor, two chain-carriers, 
and one marker, which several sums shall be paid by the 
counties through v/hich said road shall pass in proportion 
to the extent of said road in each county. 

Appkoved 7th February, 1837. 



AN ACT to relocate a pari of a certain road in Montgomery county, j f „.. 7,1, 
aud for other purposes. p, , laaT 

Sec. 1 . Be it enacted by the People of the Slate of Illinois, Commissioners 
represented in the General Assembly, That John Kirkpat- appointed to 
rick, Joseph McAdams and David Starr be, and they are between "^"^ 
hereby appointed commissioners to relocate that part of Cress's and 
the Greenville and Sangamon road that lies between Mar-.-^""]jP^'^"'^'''^' 
tin Cress's and John Kirkpatrick's in Montgomery county, ry county^ ™^" 

Sec. 2. Said commissioners, or a majority of them, 
shall meet at the house of said Cress, on or before the Where to mee& 
first ilionday in April next, or within one month thereaf- and when, 
ter, and after being duly sworn before some justice of the To bo sworn, 
peace to faithfully and impartially perform the duties re-^ath. 
quiredof them by this act, shall proceed to relocate said ^"^ "*^°' 
road, commencing at or near the house of said Cress, and 
gradually leaving the present road, so as to follow the 
ridge east of the present location so as to intersect the old 
road at the most convenient points between the said 
Cress's and JohnKirkpatrick's. 

Sec. 3. Said road when so located shall be deemed a Declared s 
State road, and shall be opened and kept m repair as other State road, 
state roads are. Furthermore, the road now travelled from 
said Kirkpatrick's house to the south side of W. B. Rich- 
ardson's land, is hereby declared a State road, and all acts 
or parts of acts coming within the purview of this act 



25(5 ROADS. 

Repealing arc hereby repealed; Said commissioners shall receive out 

Compensation °^^^'^*^®^^"^-y "^ ^'^^ ^^^'^^y ^^^^°^^§°"^®^^ ^ j"^^ com- 
pensation for their services when rendered. 

Approved, 7th February, 1837. 



In foire, 7th AN ACT to locate a State road from Stephenson to Peoria. 

Feh. 1837. 

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

represented in the General Assembly, That Isaac Doile, of 

Peoria county, Luther Driscoll, of Knox county, and 

Samuel L. I.,amberson, of Henry county be, «nd they are 

Commissioners hereby appointed commissioners to view, mark, and locate 

appointed to ^ State road from Stephenson^ in Rock Island county, via 

view road Rock Island city, (crossing Rock river at or near Van 

Reefll's ferry) La Grangc,'in Henry county, and Lafayette, 

in Knox county, to Peoria, in Peoria county. 

Sec. 2. Said commissioners, or a majority of them, shall 
When and meet in the town of Stephenson, on the first Monday in 
whereto meet. June ncxt, Or within six months thereafter, and after be- 
To be sworn. \^^ j^ly swom before some justice of the peace, faithful- 
Oath and duty, j^ ^^ perform the duties required of them by this act, shall 
proceed to view, mark, and locate said road from point to 
point, taking into consideration the local situation of the 
country and the public convenience, and doing as little 
injury to prirate property as practicable on the best and 
most advantageous ground for a permanent road. 

Sec. 3. As soon as practicable, after said road is loca- 
ted, said commissioners, or a majority of them, shall make 
To make re- out a report, accompanied by a map or plat of said road, 
port with a giving the courses and distances from point to point, with 
com.'°courts& such Other marks of certainty as they may deem neccssa- 
its duty. ry, and shall transmit a copy of said plat and report to the 
county commissioners courts of each county through which 
said road shall pass, which shall be filed in their respective 
offices, and each county shall bear her proportional part 
of expenses according to the distance said road may pass 
through the same, to be allowed by the county commis- 
sioners court of each county, and the said county commis- 
sioners courts shall cause so much of said road as lies in 
their respective counties, to be opened four poles wide, 
and the same shall be deemed a state road, and shall be 
kept in repair as other state roads are. 
Declared a ^j.^^ 4^ jf ^\^q g^jjj TO'dd. can be made to intersect with- 

in the bounds of the county of Peoria without materially 
Further duty changing its coursc, any State road heretofore laid out, or 



oi com. 



ROADS. 257 

that may hereafter be laid out prior to the location of the 
road authorised by this act, the said commissioners shall 
not be authorised or required to continue said road any 
farther than the point where the two roads may Intersect. 
4^ppaovjEP; 7th February 5 1837. 



AN ACT to lo-cata ^ State roud from Quincy, in Adams county, to Philips j,^ fo^.^e 7.^^ 
ferry, ia Piko couuty. peb. 1837.' 

Sec. 1. Bs it enacCed by the People of the State of Illinois, 
represented in the General Assembly., That James A, Bell 
and John B. Curl, of the county of Adams ^ and John Mc- 
Allister of the county of Fike, bo and they are hereby ap- 
pointed commissioners to view, mark, and locate a' State Commissioners 
road from the town of Quincy >- in Adams county, to Phi- appointed 
lip's ferry, in Pike county. 

Sec. 2. Said commissioners shall meet at Philips' ferry "^T'^®" ^"^ 

,1 z- X ra,% 1 ■ xi ji L- TtT J. " -xi • where tomeet. 

on the rirst Monday m the month or May next, or within To take an 
three months thereafter, and after being sworn by some oath. 
justice of the peace, faithfully to discharge the duties 
required of this act, shall proceed to view, mark, and 
locate said , road upon the nearest and most practicable 
route from said ferry to Quincy, in Adams cOunty, avoid- 
ing personal injury as much as the public good will ad- 
mit of; and they shall make and return to the county com- 
missioners court through which said road shall pass acer- To make ve- 
tified report and plat of said road, describing as nearly as port andrecura 




Jat 

sioners courts through wnich said roaa shall pass, 

one month after said road is or shall have been located; 

and said road, when so located, shall be deem.ed a State Whea lo.-ated, 

road and kept in repair as other state roads are, roru'^ ^'^^ 

Sec. 3. The county commissioners courts of each coun- 
ty through which said road shall pass, shall allow, agreea- 
bly to the time necessarily employed by said commission- 
ers in each county, such sums per diem as may, in their „ 

. • I • . J 1 I A I. •^ i. en Compensation, 

opinion be just and reasonable, to be paid out or the sever- 

al county treasuries through which said road passes. 

Sec. 4. Said commissioners shall haveliberty to employ 
such assistance as they may think necessary in surveying . . 

and marking out said road, which hands so employed, shall ^^ay euipioy ^ 
be compensateo as the commissioners are. assistance. 

Approved, 7th February, 1837. 

H2 



258 ROADS. 

In force. 7th AN ACT declaring a certain road herein named a state road. 

FebruavV 1837 

Sec. I. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That the county road 
leading from Carlinville,in Macoupin county, to a state roa«J 
established by an act entitled "an act to establish a state 
road from Jacksonville to Carlinville," approved Ma.rch, 
2d, 1833, be and the same is hereby declared a state road, 
and shall be opened sixty feet wide and kept in repair aa 
other State roads are. 

Approved, 7th February, l837. 



In force March AN ACT for a State road from Marahall to Charleston. 

1,1837 

Commissioners ^^^* ^' ^^ ^"^ enacted by thfG people of the State of llli- 
appointed to nois represented in the General Assembly, That Stephen D. 
locate road. Handay of Clark county, and Joel Conolly, and Andrew 
Clark of Coles county, are hereby appointed commission- 
ers to locate a state road from Marshall in Clark county, 
via New Richmond in the rich-woods, to Charleston in 
Coles county, viaSoutherland's ford. 
When and ^^<^' 2* ^^^^ Commissioners or a majority of them shall 

where to meet, meet at Marshall so soon as convenient, in the month of 
February or March next, and after having been duly sworn 
before some justice of the peace faithfully and impartially 
Duties. to perform the duties required of them by this act, shall 

proceed to view, survey, mark, and loceite said road, 
placing the same on the most suitable ground, and as di- 
rect as practicable for a useful, direct, and permanent 
Shall report, fcad, and having so located the same, they shall report the 
same, giving a plat with the courses and distances, to the 
commissionera court of each county named, which shall 
be recorded at length. 
Road M) be four Sec. 3. Said road shall be four poles wide, and shall be 
poles wide, aiid opened, worked, and kept in repair as other state roads 
fc^p^t mlepair. ^^^' ''^"^ ^^ '^ hereby made the duty of the commissioners 
Duty of several court of each county, to cause the same to be worked and 
commissioners improved, to make the same passable, and convenient for 
courts. travel. 

Compensation ^^^* '^' ^^^ county commissioners of Clark and Goles 
to road com- counties, shall pay said reviewers the sum of one dollar 
raiesioners- gj^^ fifty cents per day, each county paying its just pro- 
portion of the same, for every day necessarily engaged in 
said service. 
Approved March 1, 1837, 



ROADS. 259 

■ AN ACT relating to a State road in Tazewell county . j^ f^^.^^ March 

^_ 4tU,1837. 
Sec. 1. Be it enacted by the people of the Stale of Illi- 
nois representedin the Generdl Jlssembly, That the coimty J;~J^f°'^''^^ 
commissioners court of the county of Tazewell be, and port of review- 
thej are hereby authorised and required to accept the re- ers of road, 
port of Christopher O. Neville and Simon Porter, two of 
the commissioners appointed by the general assembly un- 
der an act approved Feb. 10, 1835, to review so much of 
the state road leading from the county seat of Peoria 
county to the state line of Indiana, as lies in the county of 
Tazewell, and to cause the same to be entered on their re- 
cords: said road, as relocated by said commissioners, is 
hereby declared a state road, shall be opened four 
poles wide, and kept in repair as other public ^'oads are, 

and it shall be the duty of said court to allow the said com- . ,, , 

.. ^ . ■^ .-rji- • II Allowance of 

missioners a lair compensation lor their services, and sucn 

hands as they were compelled to employ, Provided, That 

said report shall exhibit a plain map of the route of said 

road. 

Sec. 2. All acts and parts of acts coming within the per- ^cts repealed. 
view of this act, are hereby repealed. 

This act to take eflect and be in force from and after 
the first day of May next. 

Approved March 4, 1837, 



commissioners 



AN ACT to locate a State road from Shawiieetown in Gallatin county, to j^ j-^^.^p p^j^ 
Golconda iu Fope county, 28th 1837 

Sec. 1. Be it enacted by the people of the State of Ulinois reprc- Commissioners 
sented in the General Assembly^ That John Ellis and Ro- appointed 
bert Thompson of the county of Gallatin, and Daniel Vine- 
yard and John Howard of the county of Pope be, and they are 
hereby appointed commissioners to view, survey, and lo' 
cate a state road from Shawneetown in Gallatin county, to 
Golconda in Pope county. 

Sec. 2. The said commissioners or a majority of them, ^yj^gi^^i^^^ 
shall meet at the house of Isaiah L. Potts in Gallatin coun- where to meet, 
ty, on the second Monday in May next, or within a 
convenient time thereafter; who after being duly svv^orn ^^ j^^ sworn. 
before some justice of the peace faithfully to discharge 
the duties hereby enjoined on them by the provisions of Tiieir duties. 
this act, shall proceed to view, survey, and locate said 
road, taking into consideration the local situation of the 
country through which the road shall pass, and the econ- 
omy of a judicious adoption of the direct mail betwee 



950 ROADS. 

said towns, selecting at all times the most eligible and ad- t 
vantageous ground for the location of said road, and the i 

said commissioners shall, on or before the first Monday of 
September next, make 04; cause to be made, a true chart 
or map of said road signed by them respectively, to be 
filed in the offices of the clerks of the county commission- 
ers courts of the several counties through vv^hich the said 
road shall pass, or be located. 

To be deemed Seg. 3. Said road when laid out as aforesaid, shall be 
deemed and considereil a state road, and the county com- 
missioners courts of the counties through which the said 
road may pass, shall appoint supervisors for said road, and 
cause the same to be opened a convenient width and to 
be v^orked and kept in good repair. 

Campeiuatji. . Sec. 4. The Commissioners appointed under the pro- 
visions of this act, shall receive a just and fair compensa- 
tion for the time they are necessarily employed in the sur- 
vey and establishment of said road, each county paying 
foi* the time necessarily employed therein. 
Approved 28th Feb., 1837. 



AN ACT providing fov the location of a State road from DanvilU to New 
In force March ^'astle. 

1>1837. 

Namesof com Sec. i. Be it enacted hy the people of the State of Illinois, 
mlssioners. represented in the Geneml Assembly^ That Russel Post, Jo- 
nas Whilnej'", and William Hankins, be and they are here- 
by appointed commissioners to view, mark, and locate a 
. road to commence at New Castle, Tazewell county, thence 
to Syracuse on section six, town tvv'enty north, range four 
west from the third principal meridian in the county of 
Sangamon, thence to Havana in the county of Tazewell. 
Commissioners ^^c. 2. Said Commissioners shall meet at the town of 
to meetatNew New Castle, on or before the first Monday of June next, 
Castle. or within sixty daj^s thereafter, and after being duly sworn 

To be sworn, by some justice of the peace to diGcharge their duty un- 
der this act, faithfully and impartially, shall proceed to 
Shalifiieasm-™^^'^' ^'6^'' '^^^^''^^5^''^^'^ s'^'i'^ey Said road, and shall file a 
Yey and plat, survey and field notes, together with a map of said road, 
in the office of the desks of the county commissioners 
court's of the several counties through which the same 
may pass. 
Said road to be Sec. 3, Said road whcn laid out as aforesaid, shall be 
stateroad. deemed a state road, and the countj^ comm.issioners courts 
of the several counties through which the same may pass, 
shall cause the same to be opened and worked and 
kept in repair as other s!?s,te roads' are. 



ROADS. 261 

Sec. 4. Said commissioners shall be authorised to em- Said commis- 
ploy a county surveyor of some one of the counties ^'°"^^'^ ""*y 
through which said road may run, and the necessary chain- surveyor.*^""" ^ 
men to survey said road, and said surveyor and chainmen^ Ciminmento 
^hall receive a reasonable compensation for their services, be paid by 
to be paid out of the county treasuries of the several *^°""'*®^- 
counties, proportional to the number of miles of said 
road in each county. 

Sec. S. The said commissioners shall make a full re- 
port of their doings under this act, and file the same with J^°^^^^ * ^"^* 
the survey, field notes, and map of said road, and shall each 
be allowed the sum of two dollars per day for their servi- Compeniation 
ces to be paid proportionally, out of the county treasuries 
of the sev^eral counties through which said road may run. 

This act to be in force from and after its passage. 

Approved March 1, 1837. 



AN ACT to alt«i- a part of tlie State road leading from Gilead in Calhoun coun- j„ foj^ 7,^ 
^ ty, to jRushville in Schuyler county. Yeh . 1837 

Sec. 1. Be it enacted by the people 0/ the State of Illinois, Road changed 
represented in the General Assembly, That so much of the and to run on 
state road running from Gilead in Calhoun county, to county road. 
Rushville in Schuyler county, approved January 7th 183G, 
as runs through the lands of Henry Hills and John S. 
Scott, on the west half of section thirty-one, in township 
two north, in range one west of the fourth principal meri- 
dian, is hereby altered, and the said state road hereafter 
is to run upon the same ground that the county road is 
now located, and runs upon, or upon so much of said county 
road as will be necessary in order to alter that portion of 
the state road which runs through the aforesaid lands of 
Hills and Scott. 

This act to take effect from and after its passage. 

Approved 7th Feb. 1837. 



AN ACT to locate a State road from Henderson, in Knox county, to Mor- 

rjstown, in Henry county. I" force, 7th 

Feb. 1337. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General AssejnUy, That Joshua Harper 
and Thomas Baker, of Henry county, and James Mans- 



262 ROADS. 

Commissioners field, of Knox county, be and they are appointed cona- 
appoiiited to niissioners to view, mark, and locate a State road from 

view road from ,, , • x^ / ^ nir • , • tt 

Henderson tiuo l-lendcrson, in Ivnox county, to IVlornstown, in Henry coun- 
Andover & ty, passing through Andovcr and Lagrange in said county. 
La Grange. j^g^,^ 2. Said Commissioners, or a majority of them, 

When & where g^^j^j. ^^^^ ^. Morristown On the first Monday in May 

to meet • •z . •/ 

Shall be sworn ^^^^■> ^^ within thirty days thereafter, and after being du- 

Oath. ly sworn before some justice of the peace faithfully to 

discharge the duties required of them by this act, shall 

^"'y proceed to view, mark and locate said road on the most 

eligible and advanj(:ageousground,andshallplaceintheprai- 
ries through ^^hichsaid road may pass, stakes of durable 
timber, and blazes on the trees in the timber. 

Jb make report Sec. 3. As soon as practicable, after said road is lo- 
cated, the said commissioners, or a majority of them, shall 
make a report thereof under their hands, and return the 
same to the clerks of the county commissioners' courts of 
Knox county and Henry county, when organized, which 
report shall be filed and preserved in their offices, and the 
said county commissioners' courts shall cause so much of 

Declared a ^^^^ ^^^"^ ^^ ^^*2^ ^^ their respective counties to be opened 

State road four poles widc, and the same is hereby declared a State 
road. 

Compensation. Sec. 4. The county commissioners courtof said county of 
Knox, and Henry, when organized, shall allow said com- 
missioners a reasonable compensation for their services, 
to be paid out of the county treasuries respectively, in 
proportion to the time necessarily employed in their res? 
pective counties. 

Approved 7th February, 1837. 



in force 15th ^^ ACT declaring the road leading from Peoria to Knoxville a State road, 
Feb. 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois 
Road from represented in the General Assembly^ That so much of 
Peoria to ^j-^g county road as now laid out, leading from Peoria, by 
?edaredLtateH<^"^y Jo"^s',Farmington and Dalph's Ferry on Spoon 
road river, to Knoxville in Knox county, as lies west of the 

bridge on Kickapoo creek, be and the same is hereby de- 
clared a State road. Said road shall in all respects be 
deemed a pubJic highway, and. shall be worked and kept 
in repair as other State roads are. 
Appro vEd 1 5th February, 1837. 



ROADS. 2m 

AN ACT to locate a Stata road from Charleston to Springfield. In force 7th, 

• Feb. 1837. 

Seg. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembhu That Reuben Canter- _ . . 

■L • r /-^ I . -isr-ir t ttf i r cu lu t-ommissioners 

burj, jr. 01 Coles county, VVilliam L.. vvard ol ohel by appointed 
county, and Daniel Good of Sangamon county, be and they 
are hereby appointed commissioners to view, marl^, sur- Their duty 
vey, and locate a State road from at or near where the 
State road, leading from Charleston to Shelbyville, leaves 
the Kickapoo timber in the county of Coles, to some suit- 
able point or place to intersect the State road leading 
from Springfield to Shelbyville, passing through the town 
of Essex and by Samuel Wright's in the county of Shel- 
by, having in view the shortness of the route, and the eli- 
gibility of the ground, doing as little damage as possible 
to private property. 

Sec. 2. The said commissioners, or a maiority of -,t;^, ^„ „^, 
them, s.nall meet at the House of Joseph Vandenan, on where to meei. 
the first day of May next, or within three months there- 
after, and being first duly sworn before some justice of To be sworn. 
the peace faithfully to discharge the duties required oi -^ 
them by this act, shall proceed to view, mark, survey and 
locate said road, and as soon as practicable thereafter the 
said commissioners shall make a report of their proceed- 
ings to the county commissioners*' court of each county Report 
through which said road shall pass, which report shall be 
filed with the clerk of said courts, and the said road thus To be filed 
laid out shall be and is hereby declared a pul)lic State ^ 
road, and shall be opened and kept in repair as other State ,^oad. 
roads. 

Sec. 3. Said Commissioners shall be allowed a rea- Compensation, 
sonahle compensation for their services, to be paid by the 
counties through which said road shall pass in proportion 
to the extent of said road in each county. 

Approved 7th February, 1837. 



AN ACT to locate a State road from Shelbyville, in Shelby county, via Ur- ^n force 7th 
banna, in Champaign county, to intersect the State road leading from Dan- February, 1837 
ville to Chicago. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Assembly. That George Parks of r^ • • 

ciiT 11 * Tsr-ii- T -I c r^\ ^ . Oommissicners 

Shelby county, William Jeremiah ot Champaign county, appointed to 
George M. Beckwith of Will county, and Jonathan ^'i«w road 
Wright of Iroquois county, be and they are hereby ap- 
pointed commissioners to view, survey and locate a State 



264 ROADS, 

SheibjvJiie via road from Shelbyville, in Shelby county, through Urban- 

Urbanna &c. j^n^ j^ Champaign county, thence to the head branch 
of the Vernulion river, thence along the High Prairie 

to Kankakee ^^ ^^^^ West sidc of Spring creek, thence to Plats in 

&8 Iroquois county, thence down the Iroquois river to the 

Kankakee, and from thence to fall into the State road 
leading from Danville to Chicago, in the nearest and best 
way to Chicago. 

Time &, place Sec. 2. The Said commissioners, or a majority of 

of meeting. them, shall meet at Shelbyville on the first Monday of May 
next, or within three months thereafter, who, after being 

To bs sworn, (jyjy sworn before some justice of the peace of said 
county faithfully to observe the provisions of this act, 

Duty shall proceed to view and locate said road, taking into 

consideration the local situation of the country and the 
public convenience,andshaU fix said road on the most ad- 
vantageous ground for a permanent road, and the said 

When to report commissioners shall on or before ihe first day of Septem- 
ber next make or cause to be made a true survey and 
maps of said road, signed by them in the counties respect- 
ively, through which it passes, which road, when laid out 
as aforesaid shall be deemed and considered a public State 

^ . road, and the county commissioners courts of the counties 

Commissioners ,i , i • i -j j • i ; j u ii • i 

dy[ through wnicii said road is located shall appoint supervisors, 

and cause the same to be opened four poles wide, and to be 
worked and kept in repair as other public roads are. 
Sec. 3. The commissioners appointed in the first sec- 
Compers^tion ^'°^ ^^ ^'^'^ ^^^' shall receive for their services a just 
compensation not exceeding two dollars per day out of 
the funds of the counties respectively in which they re- 
side. 

AprROVED 7th February, 1837. 



Feb 1837 ^'^ ACT to locate a state road from Fairfield, in Adams county, to Mon- 

mouth, in Warren county. 

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

represented in the General Assembly^ That Wm. Laugh- 

lin, of Adams county, Abraham Hooper, jun., of Hancock 

county, and J. M. Hopper, of Warren county be, and they 

appointeTt"^" ^^'^ hereby appointed commissioners to view, survey, 

Tiewroad from mark, and locate a State road,to commence at Fairfield, in 

Fairfield, in Adams couuty ; thence through Woodvillc, Chili, and Car- 

t^^'woodv'iiTe^, th^gc, to La Harpc, in Hancock county; and thence to 

Carthage and ' Monmouth, in Warren county, doing as little injury to 

Monmouth private property as the public good will permit. 



ROADS. -205 

Sec. 2. The commissioners aforesaid, or a majority of 
thcm,shall meet at Fairfield, in Adams county, on the tirst wbeie and 
Monday ofMay next, or within six months thereafter, and when to meet, 
before entering on the duties assigned them by this act, shall 
shall take an oath beforesome justiccof the peace of said To take an 
coanty faithfully and impartially to view, survey, mark and oath, 
locate said road, keeping in view the shortness of the route *-'*'^* 
and the eligibility of the ground so as to make the same a To mark road 
permanent road, and shall designate the course through 
the prairie by sticking up stakes and by marking the trees 
through the timber. 

Sec 3. The said commissioners, or a majority of them, fo make re- 
so soon as they shall have completed saidw^ork, shall make port 
out a report accompanied wath a plat or map of said road, 
giving the courses and distances from point to point, arid 
deliver a copy of said report and plat to the county com- 
missioners courts of each county through which the same 
shall pas?, which shall be filed in said courts. 

Sec 4. The said commissioners, or a majority of them. Authorised 
are hereby authorised to call to their assistance a survey- employ smyey- 
6r and such other help as may be necessary for the loca- „,£„ 
tion of said road, and the county commissioners courts of 
each county through which the same may pass shall allow 
said commissioners, surveyor, and such other hands as Compensation 
they may employ to assist tliem, a sum not exceeding one 
dollar and fifty cents each,for every day necessarily employ- How paid 
ed in locating said road, to be paid out of the county trea- 
sury of each county according to the distance said road 
may pass through the same. 

ArpRovED 7th February, 1837. 



In force, 7th 
AN ACT to relocate part of a certain State roa'd therein named. Feb. 1837 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the general nssembly, That Wm. A. Roberts, 
Nicholas Gassaway,and Jeremiah Neal be, and they are Commissioners 
hereby appointed commissioners to review, survey, mark appointed to 
and relocate that part of that state road heretofore laid out f/om Fmnkford 
leading from Frankfort, in Franklin county, to Vienna, to Vienna then 
in Johnson county, and thence to Wilcox's ferry on the *" Wilcox's 
Ohio river, as runs through Franklin county to Frankfort, '^* 
on the nearest and best ground, dbing as little injury as 
possible to private property. 

Sec 2. The said commissioners, or a majority of them, 
shall meet at the dwelling house of John Nelson on the ,^^,JJ7/^\^,^ 

12 



2G6 ItOADS. 

Oath first Monday in May next, or within one month there- 

^"*y after, and after being first duly sworn before some 

justice of the peace, faithfully and impartially to discharge 
the duties imposed upon them by this act, shall proceed to 
review and relocate so much of the aforesaid State road^ 
as lies in Franklin county, and shall distinctly mark out 
the route of the said road as located by them. 

Sec. 3. The said commissioners, or a majority of them, 
To makeiepoit shall make a full return of their proceedings under this 
To make a plat ^^^j^^ describing the route of the road relocated by them be- 
tween the points aforesaid, accompanied by a plat of the 
new road, to the clerk of the county commissioners' court 
of Franklin county, together with a bill of expenses of 
DccicLied a g.j^,]^ relocation within two months after the said first 
Siatc load j^jonday in^May next, and that part of the said State road 
so relocated by them, shall be deemed a State road, and 
shall be opened and kept in repair as other State roads 
CompeHsation, »i>'ej ^i-d the said commissioners shall receive for their ser- 
vices such compctj.-^ation as the commissioners' court may 
deem reasonable and right, out of the county treasury of 
Franklin county. 
County com- Sec. 4. That the county Commissioners' court of Frank- 
uiissioiiers may lin county may, by an order of court, vacate such part or 
vacate coitain p^j-ts of the foVmcr Slate road as may be superceded by the 
panso lodc pgjQcation autlsoriscd by this act, at such time or times as 
they may think the public good to demand. 

This act to be in toj-cc from and after its passage. 
ArruovEr*, 7th February, 1837^ 



la force, 7th 

f'eb. 1837 ^>j .^^QT (y jy^.g^^g ^ gj^^g j.Q^j , 

Sec. 1 . Bn it enadcd by the pcoj)Ie of t/ie Slate offlUnois, 
rtpresentcd i/i tlie General Assembly^ That Samuel Seaton, 
and William Bond of Gallatin county, Henry Yost and 
Elijah Spiller, of Franklin county, and Thomas Jenkins 
Commissioners ^^^^ Gcorge Butchcr, of Jackson county be, and they are 
appointed to hereby appointed commissioners to view, mark, and locate 
view ir>ad fiom ^ ^qq^^ i^^,q^ Shawneetown, in Gallatin county, to Gill's 
to GUI's feny, ^^rry, on the Mississippi river, through Franklin and Jack- 
thro' Franklin SOU counties. Said commissioners, or a majority of them, 
Where and s\iix\\ meet at Shawnectown, in the month of September 
To be sworn next, and after being sworn before some justice of the 
OaOi peace, faithfully to discharge the duties required of them 

Duties l^y this aot, shall proceed to view, mark, and locate said 

road, taking into consideration the nearest and best route^ 



ROADS. 267 

and shall fix said road on the most advantageous ground 
for a permanent road. 

Sec. 2. Said commissioners shall, on or before the first j,^ ^^^^^^ ^.^^ 
Monday in the month of December next, make a report port to com'is 
of their proceedings to the county commissioners' courts courts through 
of the respective counties through which said road may and^^dodared" 
pass, and the said road thus laid out shall be a public high- State road 
way of this State, and the county commissioners' courts of Duty of county 
each and every county 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 services a just compensation out of the funds of '^°"'P*"''*^'°" 
the counties respectively in which they reside by order of 
the county commissioners' courts. 

Approved, 7th February, 1837. 



AN ACT to establish a State road from Peoria to HenJerson\ ille. 

Ill force 10th 

Sfx. 1. Be it enacted by the People of the State of Illinois, * ' 
represented in the General Assembly^ That Stephen French Commissi one is 
of Peoria county, and Henry McClenahan, and Wilson appointed to 
Brown of Knox county, be and they are hereby appointed '"'^"^^ '^°^'^ 
commissioners to view, mark, and locate a state road from 
Peoria in Peoria county, by way of Prince's mill to Hen- 
dersonville in Knox county. 

Sec. 2. Said commissioners shall meet at Henderson- -.y, 
ville, on the first Monday in April next, or within six where to meet 
months thereafter, and after being duly sworn by some 
justice of the peace, faithfully to perform the duties re- Duty, 
quired of them by this act, shall proceed to locate said 
road on the nearest and best route, avoiding as much 
as the public convenience will permit, the injury of pri- 
vate property, and shall mark the same by blazing the 
timber on the timbered land, and fixing stakes on the 
prairie land. 

Sec. 3. Said commissioners shall make a map and re- ei n i 

,, ir-j J i--T)-i. .Shall make a 

port of so much of said road as lies m reoria county, and map and lepovt 

file the same with the clerk of the county commissioners and file same. 

court of said county, and a like map and report of so 

much as lies in Knox county, and file the same with the 

clerk of the county commissioners court of said county, the 

county commissioners courts of Peoria and Knox coun- Compeniatioa 

ties shall allow said commissioners such compensation as 

they respectively shall deem just and reasonable. 



268 ROADS. 

Sec. 4. Said road shall be worked and kept in repair 
other state roads are. 

Approved lOth February, 1837. 



In force 15th AN ACT to locate a State road from Washington hi Tazewell county, to 
Feb» 1837 Columbia in Putnam county. 



Sec. 1. Be it enacted by the People of tJie State of Illinois, 
represented in the General Assembly, That Morgan Buck- 
ingham of Tazewell county, Robert Bird and Ira J. Fenn 
of Putnam county, be and they are hereby appointed 
commissioners to view, mark, and locate a state road from 
Washington in Tazewell county, to Columbia in Putnam 
county. 

Sec. 2. Said commissioners or a majority of them, shall 
on or before October next, meet in the town of Colum- 
bia and proceed to view, mark, and locate said road on 
the nearest and best ground. Said commissioners shall be 
Compensation allowed for their compensation, whatever the county com- 
missioners court shall see fit to allow, to be paid out of 
their county treasuries. 

Sec 3. Said road when located, shall be opened, worked 
and kept in repair as other state roads are. 

Approved, February 15th, 1837. 



To view road 
from Washing- 
ton to Colum- 
bia. 



When and 
where to meet 



State road. 



In force Feb 
15th, 1837. 



AN ACT to locate a State road from Kqualiiy to Vienna. 



Sec. 1. Be it enacted by the people of the State of Illinois, 
Commissioners represented in the General Assembly, That John Morse and 
appointed to Sumucl Hazel of Pope county, James Grissam of Johnson 
SuaHtyVT county, and Levi N. Walsten of Gallatin county, be and 
they are hereby appointed commissioners to view, lay out 
and mark, a road from Equality in Gallatin county, to 
Vienna in Johnson county, by the nearest and most eligi- 
ble route for the same, having in view the most suitable 
ground for the location thereof, and report the same to- 
gether with a description thereof, under their hands to the 
county commissioners courts of said counties of Galla- 
tin, Pope, and Johnson, on or before the first term after 
the said view, and the number of days employed by them 
respectively in the said work, and the said road when so 



Equality 
enua. 



Rfpoit &c. 



ROADS. 200 

viewed, marked, and reported, shall be deemed a state Doclare^l a 
road, and kept in repair as other state roads are. state load. 

Sec. 2. The said commissioners or a majority ^of them ^^^^"^^ ^^ ^''^"" 
shall on or before the first Monday in September next, or 
within thirty days thereafter, meet at the town of Vien-Tobe suom. 
na,and after being duly sworn before some justice of the 
peace, proceed to lay outjsaid road as is directed in the pre- Duty, 
ceding section, and the county commissioners courts of 
the counties of Pope and Johnson, shall allow each of said 
commissioners a sum equal to two dollars per day, for every 
day they shall be engaged in viewinj^ and marking said road, Compensation 
the county of Pope paying the tvf o commissioners from Pope, 
for so far as the same shafl be in Gallatin and Pope counties, 
and the county of Johnson paying the one commissioner 
from Johnson, so far as the same shall be in Gallatin and 
Johnson counties. 

Approved February 15, 1837, 



AN ACT changing part of the State road from Liberty to Tremoiit I" foi'ce 7th 

Feb. 1837. 

Sec. 1. Be it enacted by the people of the State of Illinuis. ^ . . 
represented in tJie General Assembly^ That Theodore Fish- appointed to 
er, John Boyle, and Catesby Gill be, and they are here- ^'fw road from 
by appointed commissioners to view, mark, and locate ^ (|]fr^^° 
state road from Liberty to Tremont. 

Sec. 2. Said road shall commence at laberty, and pro- D^,ty^ 
ceed along the old location about one quarter of a mile to 
where it strikes the Peoria state road, thence with said 
road to the point where the Ottawa road leaves the same, 
thence with the Ottawa road a north east direction to the 
line between Jesse Dillon's and John Dillon's, thence 
with said line to the road now laid out from Liberty 
to Tremont. 

Sec. 3. Said road whenlaidout,shallbeopencd, worked, 
and kept in repair as other state roads are. and kept in re- 

Approved Feb. 7th, l837. pair. 



AN ACT to amend an act entitled "an act to lay out a State road therein |„ force Marcli 

named." ]^ ]837_ 

Sec. 1. Be it enacted by the people of the State of Illinois^ Commissioners 
X^resented in the General Assembly^ That James Gifford, ^"^''°^'^*'''' '° 



270 ROADS. 

makaand rcw Daniel S. Ilaiglit, and Josiah C. Goodhue, commissioners 
turn map. appointed by the general assembly by an [act] approved 
January 15, 1836, to view, survey, and locate a road from 
Meacham's grove in Cook county, to Galena in Jo Daviess 
county, be and they are hereby authorised to make, or 
cause to be made, true maps of the said road signed by 
them or a majority of them, and to lodge the same with 
each of the count}'" commissioners courts respectively 
• through which the said road passes, on or before the first 
day of May next. 
Paitoffonier ^^^* ^' ^^ much of the second section of the act to 
act repealed whicli this js an amendment, as requires said commission- 
ers to make or cause to be made, true maps of said road, 
and lodge the same in the office of each of the county 
commissioners courts in the counties respectively through 
which said road passes, on or before the first day of Novem- 
ber 1836, be and the same is hereby repealed, 
Approvkd 1st March, 1837. 



\i '""'h^S'"'' ■'^^ ACT to locate a State Road from Decatur in Macon county, to Cariin- 
iviaicn, io^i, ^,j]]g ji^ Macoupin county, via Edinburgh in Sangamon cou.ity^ 

Sec. I. Be it enacted bj/ the People of the State of Illinois, 
represented in the General Asse7nbly, That Isaac C. Pugh of 

CommlssicnerB; Macon county, RobertS. Young of Sangamon county,and 

appointe . Sylvester J. Durbin of Montgomery county, be and they 
are hereby appointed commissioners to view, mark and 
locate a State road from Decatur in Macon county, via 
Edinburgh, to intersect the road leading from Springfield 
to Carlinville at Harris's point, in Macoupin county. 

Wh id ^^c. 2. The said commissioners, or any two of thera,. 

whereto meet, shall mcet at Decatur on the first Monday in May next, 
or within three months thereafter, and after being duly 

To be sworn, sworn before some justice of the peace, faithfully to dis- 
^^^' charge the duties required of them by this act, shall pro- 

^"'^ ceed to view, mark and locate a State road, from the pub- 

lic square in the aforesaid town of Decatur, to the town 
of Edinburgh in Sangamon county, and thence to Harris's 
point, in Macoupin county, on the nearest and best prac- 
ticable route, and on the most eligible and advantageous 
ground, for the permanency of the road, taking into view 
the present settlements of the country, and its susceptibil- 
ities of future settlements. 

Sec. 3. The said commissioners shall mark said road, 

To mark ^eaid jjy blazes on the trees where it passes through the timber, 
and by placing in the ground stakes of durable timber s.t 



noADa. 271 

proper intervals, where the said road passes through the 
prairie. 

Sec. 4. As soon as practicable after the said road is 
located, the said commissioners or a majority of them, shall 'p^ n,ake plat 
make a plat of so much thereof as lies in each of the coun- and report, 
ties through which said road may pass, and return the 
same to the clerks of the counly commissioners' courts of 
said counties respectively, to be by them tiled and preser- To Le fiiedi 
ved m their respective offices, and said road when so laid 
out shall be opened foar poles wide, and kept in repair as 
other State roads are. 

Sec. 5, The county commissioneis courts of the several 
counties through which said road may pass, shall allow Compensatioiii 
to said commissioners, and to all surveyors, markers, chain 
carriers, and other persons necessarily employed in sur- 
veying, marking and laying out said road, a reasonable 
compensation for their services, to be paid out of the 
county treasuries of said counties respectively in propor- 
tion to the extent of said road in each of said counties. 

Sec. G. The county road from Harris's point in Macou-Road from 
pin county, to Carlinville in the same county, as at pres- Harris's to 
ent laid out and travelled by the mail stage, is hereby de- J;'f^'j!^'^^'^l,'_^' ^^'^ 
Glared a State road, and s'lall be opened and kept in re- 
pair as other State roads are. 

ArFKovEDj March 1, 1837. 



AN ACT to locate a State road from Mr. Andeisou's brldij,e in Madisiiil.n force 3<J 
county, to B. Johnson'?, in Bond county. March, 1837 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Abraham How- 
ard, Joseph Bartlett and E. Hansburger, of Madison county, Ccymimssioners 
be and ihey are hereby appointed commissioners, to view, to view, mark 
mark and locate a State road from Mr. Anderson's ^"j^^"''* 
bridge, on the west fork of Silver creek, in Madison coun- 
ty, via Marine town, and L. S. Judd's, to B. Johnson's in 
Bond county, keeping a,s near to the present main trav- 
elled road or track as the nature of the ground and a due 
regard to the publicconvenience will justify, provided, that 
those interested in said road build the bridge that may 
be needed over the east fork of Silver creek without ex- 
pense to the county of Madison. 

Sec. 2. The said commissioners, or a majority of them, 
shall meet at Mr. Anderson's on the second Monday in Cojnmission'Vs, 
March, or as soon thereafter as possible, and after being ^^he"e*to meet 
duly sworn before some justice of the peace, faithfully to To tak? o:ith. * 



372 ROADS. 

discharge the duties enjoined on them by this act, shall pro- 
ceed to locate said road, doing as little injury to private 
property as possible, and shall make due return to the 
To make re- county Commissioners court of said county of Madison, of 
turn to coanty their doings under this act, accompanied by a plat of said 
crrrof Riacii- ^"^''^d' ^^^'^i^h plat and report shall be filed in the office of 
son county, the clcrk of the county court of said county; and said road 
Road, a public so located shall be a public highway of this State, and 
'g \^ay« shall be opened and kept in repair as other State roads 
are. 

Sec. 3. The said commissioners shall be allowed out 
„ of the treasury of Madison county, a reasonable com- 

toreceive com-P^^^^*-'*^'^ '*^^ ''"*^ ^^^'^'^ they mav be necessarily cm- 
pensation, ploycd in the location of said road. 

This act to be in force from and after its passage* 

Afproved March 3, 1837o 



In force , 1st 

March, 1337< AN ACT to locate a Stats road from Meredocia to Warsaw. 

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

represented in the General Assembly, That Levi Williams of 

Commissioners Hancock county, James Willard of Adams county, and 

to view and lo- Allen Pcrsingcr of Schuyler county, be and they are here- 

cate ^tate roat. ^^^ appointed commissioners, to view, mark and locate a 

State road from ]\Iercdocia in Morgan county, thence to 

Warsaw in Hancock county. 

Sec. 2. The said commissioners, or a majority of them, 
. sliall meet at Meredocia on the first Monday of April next, 

oa°h.^ ^ ^" ^^' within three months thereafter, and after being sworn 
before some justice of the peace, faithfully to discharge 
To locate a ^hc duties required by this act, shall proceed to view, 
i-oad, mark, and locate said road from point to point, as directed 

by the first section of this act, upon the nearest and best 
route, avoiding, as much as practicable, any injury to im- 
provements and private property on said route, and make 
To makcretin-u and return to the county commissioners court of each 
T^^.ifj^^'ffi" county through which said road shall pass, a certified re- 
port of said road, describing as nearly as practicable the 
route and distance of said road, which shall be filed with 
the several clerks of the county commissioners courts 
through vv^hich said road shall pass, within three months 
Deei ed a a^tcr said road is or shall have been located, and said road 
State load, when SO located, shall be deemed a State road and kept in 
repair as other State roads are. 

Sec. 3« The couniy commissioners courts of each couii- 



ROADS. 273 

ij through which said road may pass, shall, in their dis- 
cretion, allow to said commissioners appointed under this Compensation 
act, a reasonable compensation, for each day necessarily ^^ commission- 
employed by them in the discharge of the duties assigned 
them by this act, to be paid out of the county treasuries of 
each county through wiiich said road shall be located, in 
proportion to the extent of said road therein. 

Sec. 4. The county commissioners' courts of the coun- 
ties through which said road may pass, may, if they think 
proper, cause said commissioners appointed by this act, to 
have said road surveyed and plats thereof to be filed in the Commissioners 

1 -I m x-iii. •• 1 r 1 may cause road 

clerks othce oi the county commissioners courts of each guiyeyed &c. 
county through vsdiich said road may pass, the expenses 
thereof to be paid in the manner and proportion as provi- 
ded by the third section of this act. 
Approved, 1st March, 1837. 



AN ACT to review and relocate part of tlie State road from Galena to Clii- j„ fo^cc 4th 

cago- March 1837 

Sec. 1 . Be it enacted by the people of the State of Illinois 
represented in the General Assembly, That James Harring- 
ton and Mark Daniels,of Kane county, and John Phelps 
of Ogle county be, and they arc hereby appointed com- Commissioners 
missioners to review and relocate that part of the State to relocate 
road leading from Chicago to Galena which lies between '"^"^ 
said Chicago and Oregon city. 

Sec. 2. Said commissioners, or a majority of them, 
■ shall meet at Chicaga on the first day of May next, or as When and 
soon thereafter as convenient, and after being duly sworn ^ ®'® "^ *"^^' 
before some justice of the peace, faithfully to discharge 
the duties herein required of them, shall proceedto exe- 
cute the same, and they are hereby required to make a 
report of their proceedings to the county commissioners' ^"t'^ofprocVed- 
courts of the respective counties through which said road higs 
shall pass, and said courts shall cause said road to be open- 
ed and kept in repair as other State roads are. 

Sec. 3. Said commissioners shall receive for their ser- 
vices a reasonablecompensation, to be paid in equal pro- compensation 
portion out the county treasuries of the respective counties of commission- 
through which said road shall pass by or-der ofthe county ^"^^ 
commissioners' courts, so much of the road as said commis- 
sioners shall deem it expedient to change, is hereby vacated. 

This act to take effect from and after its passnge. 

Approved, 4th March, 1837. 

K3 



274 



ROADS. 



In force, ^d 
March, 1837 



AN ACT to amend aiiact enlUleci "an act to amend an act concerning public 
roads," approved January Idtli, 1836. 



visors to maite 
a list of all 
names 



Labor to be 
credite.l 



Refusal to la- 
bor after noti- 
fied shall for- 



Sec. 1. Beit enacted by the people of tJie State of Illinois ^ 
represented in the General Assembly^ That every supervisor 
in each county in this state shall hereafter within twenty 
days after having accepted his appointment, make out u 
l)>ity of super- list of the names of every person liable to a labor tax with- 
in hisdistrict,and shall add thereto all such persons as may 
remove into said district from time to time, and who are 
liable to said tax, and on the first Monday of March annu- 
ally, he shall return the said list to the county commission- 
ers court after having credited each individual with the 
labor he may have performed. 

Sec 2. Any person who shall refuse or neglect to per- 
form his labor tax as required by tlie act concerning pub- 
lic roads, approved February 3d, 1835, after having been 
feit f 1 25 pel" notified agreeably to the provisions of said act, shall for- 
*^ feit and pay the cum of (|) 1 25) one dollar and twenty-five 

cents for each day so neglected to be performed, to be rc- 
H'w recovered covcrcd with costs of suit before any justice of the peace 
within said county, to be expended on the roads where 
such persons were required to labor. 

Sec 3. Any supervisor who shall neglect or refuse to 
prosecute such delinquent person before he makes his re- 
turns to the county commissioners' court as aforesaid,shall 
forfeit and pay double the amount of such delinquent's la- 
bor tax, to be recovered before any justipe of the peace 
in the county, in the name of the county commissioners, 
for the use of the county; and it is hereby made the spe- 
cial duty of the clerk of said court immediately thereaf- 
ter, to prosecute such delinquent supervisor and to pay 
over said forfeiture when collccted,to the county treasurer, 
and also, to prosecute all delinquent supervisors who may 
Shall prosecute ncglcct Or fail to make due return of the delinquent list as 
delinquent su- provided by the first section of an act to amend an act 
pervisor concerning pui;lic roads, approved January ISth, l836. 

All moneys collected under the provisions of this act shall 
be appropriated by the county commissioners' court to 
the improvement of such roads as may be situated in the 
district from which the same may have been collected. 
Sec 4. Hereafter every person who may wish to dis- 
discharge tax charge his road land tax in labor, shall be pernvltted to do 
by labor the samo at the rate of one dollar per day including what 

is now allowed by law. 

Sec. 5. Eaclrsupervisor, on settlement of his accounts, 
Pay of supervi- shall be allowed one dollar and twenty-five cents per day, 
including what is now allowed by law for each day's ser- 
vice on the road and notifying his hands after discharging 
his own tax. 



In ease super 
visorshiill iieg 
le:;t 

Shall forfeit 



Special duty 
ofclerkpf CO, 
court 



All moneys 
collected a])- 
propriated to 
improvement 
of roads 
Persons may 



ROADS. 275 

^EC. G. Every commissioner hei'cafler appointed by the 
county commissioners'' court to view and locate, or i^eview 
and relocate any public road or cart-way shall, before en- 
tering upon the duties of their appointment, be severally 
sworn faithfully to perform the duties assigned them by ^"'"'1''*'^''^"^'" 
vu'tue of then- appointment, which oath may be taken be- 
fore the clerk of tlie county comniissioncrs' court or any 
justice of the peace in the county. 

Sec. 7. Hereafter every petition for a view and loca- . 
tion or review and relocation of a road shall have at least ,.^^,',3"",!^^°' 30 
thirty signers, whose residence shall be within five miles of signers 
the route proposed to be viewed or reviewed; Provided, Fmviso. 
/iorocDier, that if there shall not be that number residing 
within the bounds of such route, the said court may ap- 
point viewers on a petition with a less number of sign- Petition with 
ers when they deem the public good requires it, any law less number 
to the contrary notwithstanding. 

Sec 8. That in all cases where the county commis- 
sioners find it necessary, from the nature of the banks of 
any stream, to erect a bridge a greater or less distance 
above or below the state or count}' road as established by 
law, the said county commissioners court of any county State or county 
may, in their discretion, at any regular term of their ^'°^'^_|^'^^^J' '^® 
court, so far alter the direction of any state or county road ' "^ 
as may require said road to cross the stream at the point 
selected by the court for the erection of such bridge ;/>ro- 
vided, the said variation shall not exceed five chains on 
either side of said road. 

Sec 9. Hereafter every supervisor ofhigliways or 
roads, who shall fail to perform the duties required of him 
by law shall be deemed guilty of a misdemeanor, and it 
shall be the duty of the circuit court, at any time, to j^^^ ^^ ^.j^j^^ 
cause the grand jury to be chai-ged specially to inq aire jmors in regard 
into the state and condition of the public roads and into t" '»a<is 
the conduct of supervisors in their respective counties, 
and it shall be the duty of each and every Grand Juror to 
take notice and give information to the Grand Jury of the 
state of the roads in his neighborhood and of all and every 
neglect or omission on the part of the supervisors. 

Sec. 10. When any grand jury shall be satisfied that any. 
supervisor has neglected or failed to perform any of the du- 
ties required by law,it shall be their duty to make a present- May make 
mentofthe facts, and the States' attorney shall, thereupon, Pi«sentment of 

write out a presentment in form against the supervisor, 
stating therein, with reasonable certainty, in what partic- 
ular the said supervisor has failed or neglected to perform 
his duties, the caption of which shall be the same as an 
indictment, and if the grand jury agree to such present- 
ment, the same shall be signed by the foreman and pre- 



27G ROADS. 

sented to the court, to be proceeded on as is hereinafter 
directed. 

Sec. 11. When any presentment shall be made against 
Court shall or- ^ Supervisor, the court shall order a summons to be issued 
dersuminons thereon, directed to the sheriff of the county in which 
the presentment was found, requiring the supervisor 
to appear before the court and answer to such present- 
ment, and show cause why he should not be fined; which 
Summons summons shall be returnable to the succeeding term of 
when returna- ^^g court or to the same term at which the presentment 
was found, in the discretion of the court. The sheriff' 
Duty of Sher- shall execute the summons by reading the same to the de- 
i.s fendant and make return thereof as other process. 

Sec. 12, The grand jury shall endorse on every pre- 
"WitHesses sentment the names of the witnesses by whom the facts 
presented can be proved, and the clerk shall issue subpoe- 
nas for said witnesses, as in cases of indictments. 

Sec. 13. The circuit court shall have power and juris- 
Powers of cir- dicti6n, and are hereby required to hear and determine 
cuit court all cases arising under this act, in a summary way, and 
Iffound guilty ^po*^ sucli hcaiing, if any supervisor shall be found gnil- 
Fine ty, the court shall fine said supervisor in any sum not 

less than five nor more than twenty dollars, which fine 
shall be collected as fines imposed upon persons convicted 
upon indictments, and shall be paid into the county trea- 
sury and applied to road purposes. 

Sec. 14. When a supervisor has been served with a 
summons and fails to appear, the court shall hear the ev- 
idence in behalf of the people, and fine or acquit the su- 
pervisor according to the testimony. 

Sec. 15. Every supervisor presented, shall have the 
right to subpoena for witnesses and to be heard in his de- 
fence as in othci cases, and when found guilty shall pay 
all costs of the prosecution including a fee of two dollars 
and fifty cents to the state's attorney. 

Sec. 16. Clerks, sheriffs, witnesses, and others, shall be 
Officers entj- entitled to the same fees, in proceedings under this act, 
tied to fees which are or may be allowed for similar services under 
the laws regulating fees. 
ArpRovp:!) 3d March, 1837. 



ROADS. 277 

AN ACT to change part of the State road Aom Palesthie to Shelby vlUe. In *o''<=f-„^'^ 

March, loJ7 

Sec. 1 . Be it enacted hy the people vf the Stale of Illinois 
represented in the General Assembly^ That Franklin Frazcr 
and Robert Templeton, of the county of Shelby, be and 
they are hereby appointed commissioners to change ^"''''™J^^^'^"^'^ 
that part of the State road running from Palestine change road to 
in Crawford county, to Shelby ville, in Shelby county, intersect rnad 
so that said road may intersect the State road running *"'^'^^^''y'''"° 
from Terrc Haute to Shelbyville at or near the line of 
Shelby and Coles counties, having in view a due regard 
to public convenience. 

Sec. 2. That after said commissioners shall have ^^°^'^ ^^'^^'"'' 
changed that part of said road, so much of said road 
as now passes through Shelby county be and is hereby 
vacated. 

Sec .3. Said commissioners shall, before entering upon ^^ 
the duties enjoined upon them by this act, take an oath '°''^'^^ °^' 
before some justice of the peace of vShelby county faith- 
fully to discharge the duties enjoined on them by this act. 
Said commissioners shall meet at the house of Franklin 
Frazer in Shelby county, on the first Monday of i^'Iarch f/'',^;^^;]^,^^""^ 
next, or within three montlis thereafter, to view, mark 
and locate said road, and after they shall have completed 
said work they shall make out a report, describing the ^ , 

. , , ,•', ,. , 1 i • • I oinake report 

said road, and deliver a copy to the county commissioners 

court of Shelby county where the same shall be filed, (^„,^,__„,,.„ 

,11111 • 1 • • II '■'"'"PeilS.aUOil 

and the court shall allow said commissioners a reasonable 
compensation for their services. 
Approved 3d March, 1837. 



AN ACT to locate a >Stateroad from Vandalia to Sprhigfield. [i, force, 4th 

March, 'l 837. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the General Jlssemblt/, That James Stokes of 
Fayette county, WilHam Cottingham of Montgomery f^~'j°;.;;^^ 
county, and John Whitccraft of Sangamon county, be andiccate road 
and they are hereby appointed commissioners to view, '■ 

survey and locate a State road from Vandalia, in Fayette 
county, to the town of Edinburgh, in Sangamon county, 
running the nearest and best route from point to point; Where and 
and said commissioners, or a majority of them, shall meet "hen to meet 
in the town of Vandalia on the first Monday in May next, 
or within one month thereafter, and after taking an oath 
to perform the duties thereof, shall proceed to survey, 
mark and locate said road; and where said road shall 



2T8 • ■ IiaADS. 

pass tbrouga prairies, said commissioners shall cause to be 
Tomakei-etuin set suitable posts for every half mile, and shall return to 
tocounty com- ^^e county commissioners' courts of each county through 
which said road shall pass a plat of said road, designating 
therein the courses and distances of said road; and said 
survey shall be tiled and preserved in said court. 

Sec. 2. Said road, when located as aforesaid, shall be 
StEUe^ioad ^ ^ State road, and shall be opened and kept in repair as 
Compensation Other State roads are: said commissioners shall receive 
pf commis'ls. cach two dollars per day for every day's service in laying 
out said road, which shall be paid by the counties of 
Sangamon and Fayette in proportion to the distance said- 
road shall pass through the said counties. The county of 
Sangamon shall pay for the marking and reviewing of 
_, . . said road through Montgomery county. 

Commissionerg ^n o mi i • i • • i n i 

to have a snr- Sec. o. 1 tiat said commissioners shalj have a survey- 
veyor & chain or and tv/o chain Carriers, and they shall have the same 
canievs, and compensation as the said commissioners have, and shall 

their compen- i • i • i.i 

sation. be paid in like manner. 

Sec. 4. Be it further enach'd, That if any one of the 
aforesaid commissioners shall fail or refuse to view and make 
said survey and location, then it shall he the duty of the 
County com- couiity commissioners' court of such county or counties, 
missioners to to oppoiut somc Suitable persons, or one in each county, 
fill vacancies, -f all should fail to comply with the requisitions of this 
act, to survey and locate said road, and said reviewers 
shall perform the duties required of the commissioners 
appointed under this act, and shall receive the same com- 
Pioviso pensation: "Provided^ hozvcver, That no- such appointment 

shall take place sooner than their June term, and if the 
location shall not have been made, a plat of said survey 
.deposited with the clerk of the several county commis- 
sioners' court, then the appointment shall be made at the 
June term of the county commissioners' courts. 
Goumy com- Sec. 5. And it is hereby made the duty of the county 
missioners to commissioners' courts, in the several counties through 

appoint su- 1 • I • 1 n 1 11 1 • T • 

pervisors wJiich Said I'oad Shall pass, at their June term to appoint 

the necessary number of supervisors to open and keep 
said road in repair as other public roads are. 

Sec. C. The commissioners, appointed by the 1st section 
Commissioners ^^ ail act of the present session of the General Assembly, 
to locate a part entitled "All act to rc-locatc a certain road therein 
of road named," shall locate so much of the road therein pro- 

vided for as lies between the towns of Springfield and 
Edinburgh, in Sangamon county, by the w^ay of Rath- 
burn's mill in said county, or the vicinity thereof. 
Approved 4th March, 1837. 



ROADS. 279 

AN ACT to repeal an act ciitltlea "An a.J to le-iocate so much ol' the Viii- ]t" ^"''^^i'i^ 
cennes and Cliicago i-oad in Clark county, as lies north of the south line oT March 1»J7. 
the county to Darwin in said county of Clark," passed the 14th January, 
1836, and for other purposes. 

Sec. 1. Be it enacted hij the people of ihc Slate of Illinois ^ . , 
rejjresented in the General Assembly.^ That Samuel Prevon, appointed to 
jr., James Smirk, and Robert Ferguson, of Clark county, view a stats 
are hereby appointed commissioners to re-view so much of'^^°^'^-' 
the state road leading from Vinccanes to Chicago as lies 
north of Darwin in said county of Clark, to the north 
line of said county where said state road crosses said county 
line, commencing at Darwin, from thence to Ilogue's mill 
on iiig creek, thence to the town of Livingston, thence to 
where said state road crosses the north line of said county, 
doing as little injury to property as may bn consistent with 
the public good. 

Sec. 2. The said commiiasioners, or anv two of them, ,^r, . „ , 
shall meet at Darwin on the nrst Monday m March vvhen to meet 
next, or within thirty days thereafter, and after taking 
and subscribing an oath before some justice of the To take oath 
peace to fully and impartially discharge the duties 
enjoined on them by the provisions of this act, shall 
proceed to survey, mark and re-locate said road on the 
best ground and nearest way that can be had for a 
good road between the points above mentioned, which Road four poles 
road shall be four poles wide: the said commissioners Commissioners 
shall cause a plat of the courses and distances of said to make a plat, 
road to be' filed in the clerk's office of the county commis- a"ci.ihey to file 
sioners' court of said county within ten days after the county coln- 
complcting said review: PwvideJ, however, That if said inis'rs' court 
reviewers shall locate said road as stated, the same shall not p . 
in any manner annul or change any part of the state road 
from the forty-fourth mile stone through Marshall to the 
north line of the county, as now established. 

Sec. 3. And said commissioners, surveyor, and the 
necessary help that may be by them required to com- commUsioners 
pletely carry this act into eifect, shall be allowed such to make aliow- 
compensation as the commissioners' court of Clark ccun- ^'"^^^ 
ty may deem just and right. 

Sec 4. Samuel Prevo, sr., Henry Harrison, sr., and 
Nathan Wells are hereby appointed commissioners to ^"".^'"^^3'°"^''^ 
view the present location of the Vinconnes and Chicago '" ^**'^^ °''^"^ 
road from the south line of Clark county to Darwin, and 
after having carefully examined the same, if they or a 
majority of them shall be of opinion that it will be better 
calculated to promote the public good, to change a part 
or all of said road, lying between the points above named, 
they are hereby authorized to make such change and re- 
port the same to the county commissioners' court of said '^'^ ''^p°^' *° 
county, giving a plat with the courses and distances of said ^°[;™'^sioners' 



280 ROADS. 

change, and such change shall be considered the perma- 
nent road, and a record of the same shall be made. 
Commisslonei3 ^^c. 5. Said Commissioners, or a majority of them, 
When & where shall meet at the town of York on the first Monday in May 
to meet next, or within one month thereafter, and after first be- 

Tii take oaih .^^^ '^^^, sworn beiore some acting justice of the peace 
County com- Kiitiifuily to discharge the duty enjoined on them by 
missioiieis to this act, shall proceed to make the examination afore- 
aiiow com- i,-^^^, Said commissioners shall be paid such reasonable 
pensa ion compensation for their services as the county commis- 
sioners' court shall think just and equitable. 
Approved, 4th March, 1837. 



In force March AN ACT for a State road from Jacksonville to Syracuse and Bloomhigton. 
a, 1837. 

Sec. 1. B& it enacted by the people of the State of Illinois, 

represented in the General Assembly, That Russell Post, 

Jonas Whitney, and John Armstrong, be and they are 

Duty of com-^ hereby appointed cv)mmissioners, whose duty it shall bo to 

niissioners . yic w, mark, survey, and locate a state road, to commence at 

Place of com- tjjc couutv Hne of Morgan county, where the state road 

leadmg by William Crow s to retersburg crosses the same^ 

thence by Vvay of Greensburg to Petersburg in Sangamon 

county, thence to Syracuse on section six, town twenty 

north, range four west from the third principal meridian 

in said county of Sangamon, at v/hich place said road 

^^^J™'"^''°"°^shall terminate. 

Sec. 2. It shall be the duty of the aforesaid commission- 
ers to view, mark, survey, and locate a state road as fol- 
lows: commencing at Petersburg in Sangamon county, 
thence to Postville, thence to Waynesville, and Isaac 
To intersect Fuuk's, thenco to intersect the slate road leading from 
state road. Spriiiglicld to Bloomington, at or near the farm of Lem- 
uel Foster in McLean county. 
-When and ^^^'^' ^' ^^^^ commissioners shall meet on or before the 

whereto meet first "Monday of June next, or within sixty days thereafter 
at the house of William Crow in Morgan count)^, and af- 
To be sworn ter being duly sworn according to law, by some justice of 
the peace faithfully and impartially according to the best 
of their skill and understanding, to execute and discharge 
the duties imposed on them by this act, shall proceed to 
Shall survey &. view, survey, locate, and mark or stake out said roads 
when survey is ^^.^^ poinl; to point as mentioned in the foregoing sections 

completed shall ^ ., • , ^i x jij. j."j* 

be filed in of this act, upon thc nearest and best routes avoidmg as 
clerks office niuch as practicable, any injury to farms, improvements, 
and private properly on said routes, and when said com- 
missioners shall have completed their surveys and locations 



ROADS. 2^1 

of the roads aforesaid, they shall make a complete plat Shall be filed »« 
together with the field notes thereof, which shall be filed '^^®^'^* "^"^^ • 
in the office of the several clerks of the county commis- 
sioners' courts through which said roads may pass, within 
one month after said said roads are surveyd and located, 
shall be deemed public state roads. 

Sec. 4. Tlie county commissioners' courts of the several Supervisors to 
counties through v.^iich said roads pass, shall appoint supervi- ^° appointed. 
sors of said roads, who shall cause the same to be opened 
fifty feet wide, and kept in repair as other state roads. 

oEC. 5. The county commissioners' courts of the sever- 
al counties through which said roads pass, shall allow to Compensation 
each of said road commissioners a compensation for their 
services not exceeding two dollars per day to each of said 
commissioners, and to be paid out of the county treasuries 
of such counties, in proportion to the portion of said roads 
in each county. 

Approved March 2d, 1837. 



AN ACT to relocate a pan of Ihe .State road from Charleston to Paris . In force May 

1, 1837. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented m the General Assembly^ That Isaac Lewis, John 
Galbraith, and William Fewell of Coles county, be and 
they are hereby appointed commissioners to review and re- ^°"^"i''^^'°"^''* 
locate so much of the state road leading from Charleston ioad^'^^^^° 
in Coles county, to Paris in Edgar county, as lies between 
Samuel Lambricks and Robert Brooks in the county of 
Coles. 

Sec. 2. Said commissioners or a majority of them, shall 
meet at said Lambricks on the first day of May next, 
or within sixty days thereafter, and after being duly sworn To be sworn. 
by some justice of the peace for said county of Coles, 
faithfully to discharge the duties enjoined upon them by 
this act, shall proceed to view, and relocate and establish 
said road on the nearest practicable route for a permanent 
location, crossing the Embarrass river at some suitable 
point for the erection of a bridge across said river, doing 
as little damage to private property as the nature of the 
case will permit. 

Sec. 3. Said commissioners shall have power if they _ 

ijij ., . , '■ . , •' rowers of 

sliaii deem it necessary to employ a competent surveyor 

and chainmen to aid them in said location, and as soon as 

practicable after said road is located, said commissioners 

or a majority of them, shall make out a report accompanied ^ 

by a map ot said road under their hands and seals, and vvhh majf^"^ 

L-i -mi 



282 



R0AD3. 



transmit the same to the county commissioners' court of 
Coles county, which shall become a part of the records of 
said court. 

Sec. 4. The county conimissioners of Coles county shall 
Compensation, allow Said reviewers and hands employed, such compensa- 
tion for their services as they shall deem right and proper, 
to be paid out of the county treasury. 

Sec. 5. And said road when so located, shall be opened 
the same width that the original road is, and so much of 
a county road as now lies between the towns of Charleston 
via Sutherland's ford and Hitcsville, be and the same is 
hereby declared a state road, and shall be opened and kept 
in repair as other state roads are. 

This act to take effect from and after the first day of 
May next. 

Approved March 1, 1837<. 



Declared a 
state road. 



In force March 
3rd, 1837. 



Commissioners 
appointed to 
locate state 
road 

When and 
where to meet 
To be sworn 

Duties. 



Width of road 



>S^hall return a 
plat to county 
com. 



AN ACT to locate a state State road from Marshall to Grandview. 

Sec. 1. Be it enacted hy the people of the State of Illinois^ 
represented in the General Assembly^ That Thomas Carey, 
and Federick Sheuey of Edgar county, and W. B. Archer 
of Clark county, are hereby appointed commissioners to 
locate a state road from Marshall in the county of Clark, 
to Grandview in Edgar county. 

Sec. 2. Said commissioners or a majority of them, shall 
meet at Marshall so soon as convenient, in the month of 
March or April next, and being duly sworn before some 
justice of the peace faithfully to discharge the duties im- 
posed on them by this act, shall proceed to view, survey, 
mark, and locate said road, placing it on the most eligible 
route for a permanent road. 

Sec. 3. Said road when so located, shall be four poles 
wide, and shall be opened and kept in repair as other 
state roads are, and they shall return to the county com- 
missioners' court of each county, a plat of the same to be 
recorded. 

Approved March 3d, 1837. 



ROADS. 283 

AN ACT to locate a State road from Ellisville in Fulton county, to Macomb jj, foice March 
in McDonough county, and to declare a certain road therein named, a State g 1837 
road. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Levi D. Ellis, 
Abner Walker, and Jesse McGinnis, be and they are here- 
by appointed commissioners to mark, view, and locate a 
state road on the nearest and most eligible route from El- 
lisville in Fulton county, to Macomb in McDonough coun- 

Sec. 2. Said commissioners or a majority of them, shall 
meet in the town of Ellisville, on the first Monday in June Shall meet in. 
next, or within two months thereafter, and after being duly Time ofmeet- 
Bworn before some justice of the peace, to the faithful and i"3 
impartil discharge of their duties, shall proceed to mark, ^^^|' ^^ ^"'"^'"^ 
view, and locate said road in accordance vdth the provis- I^^^ies 
ions of the first section of this act, and shall within twen- 
ty days after having discharged their duties as above pro- 
vided, file or cause to be filed, with the clerk of the com- 
missioners' court of the respective counties through which 
said road may pass, a complete map of said road, noting ybmakeamap 
the important points, and said map, so filed, shall be of road 
preserved as other records of said courts 

Sec. 3. The county commissioners' courts of the res- 
pective counties through which said road may pass, shall 
allow to said commissioners, surveyors, chain carriers &c. Compensation 
a reasonable compensation for their services, to be paid out 
of the county treasuries of said counties. Said road, when 
located, shall be opened and worked in the same man- gj^j*g^.^Q!^j,^ 
ner as other state roads. 

Sec 4. The road from Lewiston in Fulton county, pass- 
ing by the town of Fulton in said county, to Macomb in 
McDonough county, is hereby declared a state road, and 
shall be opened and worked as other public highways of 
this State are. 

This act to be in force and take effect from and after its 
passage. 

Approved March 2, 1837o 



AN ACT to establish a State road from Stephenson, in Rock-Island T;ounty, 

to the mouth of the Pickatonueka, and for other purposes, ~ fn force, 3d 

March 1837. 

Sec. I. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly, That the county road ^^^^^^^ L°State 
from Stephenson, in Rock-Island county, to Savanna, in road 



284 



ROADS. 



Commissioner! 
to view load. 



Time and 
place of meet- 
ing. 

To be sworn 



Distance of 
stakes 



Shall make 
map of road 



Compensation 
of commis'rs 
rnd necessary 
hanas out coun- 
ty treasury 



Jo Daviess county, be and the same is hereby declared a 
state road. 
I Sec. 2. That Gcrmanicus Kent of Winnebago county, 
Minor York of Ogle county, Asa Crook of Whiteside 
county, Charles Eames and John Spencer of Rock- 
Island county, be and they are hereby appointed commis- 
sioners to view, survey, and locate a state road, to com- 
mence at Stephenson in Rock-island county, thence to 
Dixon in Ogle county, thence to Grand de Tour, thence to 
Oregon city, thence to Bloomingville, thence to Rockford, 
and thence to or near the mouth of the Pickatonneka. 

Sec. 3. The commissioners aforesaid, or a majority of 
them, shall meet at Stephenson on the first Monday in 
June next, or within three months thereafter, 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; and wherever the 
said road shall be located through the prairie land, it shall 
be the duty of said commissioners fo place a stake four 
feet high, firmly fixed in the ground at the distance of 
every quarter of a mile on the same, and to seta post on the 
right of the road with the miles numbered thereon, pro- 
gressively. 

Sec. 4. The said commissioners, so soon as they shall 
have completed said work, shall make out a map under 
their hands, which together v»'ith the field notes of survey, 
and such other remarks tending to illustrate the said route 
as they shall deem interesting, and return the same to the 
county commissioners' courts of each county through which 
the same shall pass, which returns shall be filed in said 
courts. 

Sec. 5. Said road, when laid out as aforesaid, shall 
be deemed a public high-way, and the county commis- 
sioners' courts of said counties shall cause the same to be 
opened four poles wide, and to be worked and kept in re- 
pair as other state roads are; and the respective county 
commissioners' courts of said counties shall allow the 
said commissioners two dollars each per day for the 
time necessarily employed in making the location and 
return of said road; and also a reasonable allowance for 
such hands as may be deemed necessary in the survey 
of said road, to be paid out of the county treasuries re- 
spectively. 

This act to take effect and be in force from and after 
its passage. 

Approved 3d March, 18 7. 



ROADS. 285 

AN ACT to locate a State road therein named. In force, 15th 

Feb. 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That John S. Moore, Commissioners 
John Johnson, and Joseph B. Eastburn be and they are appointed. 
hereby appointed commissioners to, view, mark and lo- 
cate a State road as hereinafter provided. 

Sec. i2. Said commissioners, or any two of them. When and 
shall meet at the residence of Isaac Courtright, in Iroquois "''"^''^ to meet. 
county, on the first Monday of May next, or within o"c -^^ j^^ ^^^^.^^ 
month thereafter, and after having been first duly sworn 
by some justice of the peace of said county of Iroquois, j)„ty 
shall proceed to view, mark, and locate a state road, com- 
mencing at the State line at some eligible point in a direc- 
tion from the town of La Fayette, in Indiana, to the town 
of Ottawa in J^a Salle county, in this Slate. 

Sec 3. Said commissioners shall run said road from the Further duty 
place of beginning to the county seat of Iroquois county, 
thence to the town of Plato, thence to the town of Ot- 
tawa in La Salle county: said commissioners in the loca- 
tion of said road shall have duo regard to private pro- 
perty, as well as the permanency and public utility of 
said road. 

Sec. 4. The commissioners shall mark the location of Road to be 
said road by chops on the trees through the timber, and by marked 
setting stakes in the ground through the prairie. 

Sec. 5. Said commissioners shall, after locating said To make report 
road provided for in this act, make out written returns of ^^^j"^^^'^ ^° ^® 
their acts and doings in the location of the said road, a copy 
of which shall be returned to each of the clerks of the 
county commissioners' courts of the several counties 
through which the road passes: said return being signed 
by the said commissioners and returned as aforesaid, then,,,,^^ , , 

^ ^ f ^ • ■ i n i -Uuty 01 clerks 

cleiks 01 the county commissioners courts shall make 
record of the same. 

Sec. 6. The county commissioners of the several Duty of coimty 
counties through which said road passes shall cause said commissioners 
road to be opened, worked and kept in repair as other mad^ ' 
state roads are. 

Sec. 7. The county commissioners' courts of the seve- Compensation 
ral counties through which the road passes shall allow to 
said road commissioners a reasonable compensation for ^°^^' P^"^ 
their services, to be paid out of the county treasuries of 
the counties through which the road passes, in proportion 
to the distance that the road runs through each of said 
counties. 

This act to be in force from and after its passage. 

Approved 15th February, 1837. 



283 ROADS. 

In force 23th AN ACT to re-locate certain loads therein nameJ. 

Feb. 1837 

„ . . Sec. 1. Be it enacted by the people of the State of Illi- 

appointed nois^ represented in the General Assembly^ That David Bald- 
ridge, Joseph Craig, and Benjamin Raglin, of Perry coun- 
ty, be and they are hereby appointed commissioners to 
view, mark and re-locate so much of the state road, as 
now laid out from Pinckneyville to Livelj's ferry, as 
lies between Pinckneyville and James Coulter's in the 
Grand Coat Prairie, in Perry county; Said commission- 
where to meet ^rs shall meet at Pinckneyville, on the first Monday 
in June next, or within three months thereafter, and after 
To take an oatii being duly sworn before some justice of the peace, faith- 
fully to perform the duties enjoined upon them by this act, 
shall proceed to re-locate and review so much of said 
road as herein specified, and shall mark the same by blazes 
on the trees in timbered land, and by setting stakes in the 
prairie; and should it not be deemed proper by said commis- 
sioners to intersect the road as now laid out at the farm 
of the said James Coulter's, they are hereby authorized 
to view, mark, and locate said road, so as to intersect the 
said road as now laid out at some point within two miles 

^ . . thereof; they shall certify to the said county commission- 
Commissioners , -^ C -J J U lAl J At, 

to certify a map ers' court a map 01 said road, when so located, and the 
of said road gaid court shall cause the same to be opened and kept in 
^iTed'aiid^ repair as other state roads are, and all of said road, lying 
kept in repair on different ground from the said road so laid out within 
said limits, be and the same is hereby vacated; and the 
Commissioners g^j(j court shall pay Said commissioners a reasonable com- 

compensatioii ^. /. ii • 

pensation lor their services. 

Sec. 3. So much of the state road, leading from Shaw- 
neetown to Kaskaskia, as lies in Perry county between 
the south east corner of section fourteen in township six 
south of range three west, and Forgus Milikin's resi- 
dence in section fifteen, in said township and range, be 
and the same is hereby changed, and the same is hereby 
located, so as to run on the east and west section line, be- 
tween said points, and from thence to intersect said road 
at the most eligible point on the present location of said 
road, and the said road, so located, shall be opened and 
kept in repair as other state roads. 

Approved, 28th February, 1837. 



ROADS. 287 

AN ACT to locate a State road fi-ora Commerce ia Hancock county, to Far- in force March 
mington in Fulton county. [ 1837 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Jlsscmhly^ That Marvin Tryen Commissioners 
of Hancock county, David W. Barnes of Fulton county, '^pp°'"'^'J* 
and Elijah Bristow of McDonongh county, be and they are 
hereby appointed commissioners to view, mark and locate 
a State road, by setting stakes in the prairies, &utiiciently °^^ ^"" °" * 
close to be easily followed, and marking the trees in the 
timber, from Commerce in Hancock county, the nearest 
and best route to Lahart in said county, thence to Farm- 
ington in Fulton county, having in view its permanency, 
and doing as little private injury as the public good will 
permit. 

Sec. 2. The said commissioners, or a majority of them, 
shall meet on the first Monday in May next, or within six Whenand 
months thereafter, at the town of Commerce in Hancock 
county, and after being duly sworn by some justice of ^'^^ ^"°™* 
the peace, faithfully to discharge the duties required of 
them by this act, shall proceed to view and locate said po"t™ncUe^tum 
road, as heretofore provided, and shall make a report of the same to the 
the location of said road, giving the most noted points clerks of the 
thereon, andreturn a copy of said report to the clerk of ^^-fj"'chsaid^^ 
the county commissioners- court, of each of said counties road passes, 
through which the same may pass, which shall be filed by P^°^'^ ^^^ °"' 
him in his office, and said road thus laid out, shall be and ^^^^^ 
is hereby declared a public Stat« road, and shall be opened 
and kept in repair as other public roads are. 

SeCs 3. Said commissioners, or a majority of them, may 

call to their assistance such other help as may be necessary T\iay call to 

for the location of said road; and the comity commissioners their assistance 

court of each county through which the same may pass necessary help. 

shall allow said commissioners, and other hands, a reason- ^ 

,1 ,. r 1 Mij- Compensation. 

able compensation lor every day necessarily employed m f^ ^g j^j ^yj 

locating said road, to be paid out of the county treasury of the county 

of each county, according to the distance the said road "'^^^"'i'- 

may pass through the same. 

Approved, March 1, 1837. 



AN ACT to locate a State road from Fekin by Havana, to Jacksonville, and In force March 
from Havana to Athens, and from Athens to Beardstovvn. 3, 1837. 

Sec. 1. Beit enacted by the people of the State of Illinois, 
represented in the General Assembly, That Spencer Field 
and William Sandusky of the county of Tazewell, and Commissionerg 



288 



UOAJ>S. 



appointed toio- John Hougland of the county of Morgan, be and they are 
cateioad hereby appointed commissioners, whose duty it shall be 
to view, mark, survey, and locate a State road from Jack- 
sonville, in the county of Morgan, by Havana and Troy, 
to Pekin in the county of Tazewell. 

Sec. 2. Said commissioners, or a majority of them, shall 
whJre" uTnieet. meet at the town of Pekin, in the county of Tazewell, on 
the first Monday in June next, or- within three months 
Duties. thereafter, and after being duly sworn by some justice of 

the peace, faithfully to discharge the duties enjoined upon 
them by this act, and to observe its provisions, shall pro- 
ceed to view and locate said road, commencing at the town 
of Pekin, thence running on the nearest and best route by 
Troy and Havana, in the county of Tazewell, by Miller's 
ferry and Princeton, to Jacksonville in the county of Mor- 
gan, observing the situation of farms, and doing as little 
injury thereto, as a due regard to the public convenience 
will admit; provided^ that nothing herein contained shall 
authorize the said commissioners to locate the road through 
Morgan county; but the road now travelled from Miller's 
ferr}^ by Princeton, to Jacksonville, is hereby declar- 
ed a part of the State road, established by this act. 
Shall report to Sec. 3. Said commissioners shail, as soon as practicable, 
the clerk of after they shall have located said road, make out a true 
coui?''""'" and correct map of the route of the said road, noting 
thereon the most remarkable points on said route, and 
return the same to the clerk of the county commissioners' 
courts, of the respective counties through which said road 
Ma of road ^^^^^ pass, and it shall he the duty of the county commis- 
shaii be entered sioners to causc thc Said map to be entered on their re- 

011 record. cords. 

Sec 4. When said road shall run through prairie lands, 
voad'commis-° Said Commissioners shall cause a durable furrow to be run 
Bioners. with a plough, and when it runs through timbered lands by 

marking upon the trees the route of the said road. 

Sec, 5. Said road when so laid out shall be a State road, 

be opened four poles wide, and kept in repair as other 

Said road shall State roads are, and shall not be turned out of its course 

be a State road. Q J. altered under any prctcncc whatsoever, except by an 

act of the General Assembly. 

Skc. 0. The county commissioners of the several coun- 
ties through which said road shall run, shall pay the said 
Compensation, commissioners a reasonable allowance for their trouble, and 
also such hands as thev mav be necessarily compelled to 

In what proper- , , ,-'."'. ,_• * ju \..- 

tionpaid by employ, cach county paying m proportion to the time ne- 
counties. cessarily employed in locating said road in such county. 

Sec. 7. Be it further enacted. That George Miller and 

Matthew Rogers, of the county of Sangamon, and Lewis 

Jonel-sToT'" W. Ross, of the county of Tazewell, be and they are hereby 



ROADS. 289 

appointed commissioners to view, mark, and locate a road cate a road. 
from Athens, Greensburg, New Market, and Day's fer- 
ry, in Sangamon county, to Havana, in the county of 
Tazewell, varying as little as practicable from a direct line, 
having in view the most eligible route, its permanency, and 
a due regard to the public convenience. 

Sec. 8. The said commissioners, or a majority of them, When and 
shall meet at Athens on the first Monday in June next, or '"^^"' to^eet. 
within two months thereafter, and after being duly sworn 
by some justice of the peace, faithfully to observe the pro- 
visions of this act, and to observe the duties imposed on 
them, shall proceed to view, mark, and locate said road, l^n'ies. 
and as soon thereafter as practicable, make a map of said 
road, and return the same to the clerk of the county com- j^°rof road, 
missioners' courts of Sangamon and Tazewell [counties,] 
and it shall be the duty of said couimissioners to enter the jjoadhow 
same upon their records, and the road so laid out shall be opened and 
a State road, be opened four poles wide, and kept in re- '^''i" '" ^''P^"'- 
pair as other public roads in this State. 

This act shall take cflect and be in force from and after 
its passage. 

Sec. 9. The road now used and travelled, as the mail A road deciar- 
routefrom Athens, by Petersburg, and Charles Chandler's ^''^'^'^'^•^^^• 
to Beardstown, is hereby declared a State load. 

Approved, March 3, 1837, 



AN ACT for a State road fioin Ottawa north to the State line. o iqo-t 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Joseph Ross and 
Chcirlcs Gattin, of the county of Kane, and William Mun- ^^°"™™^'' 
son, of the county of LaSalle, be and they are hereby ap- I'Jca'te said road 
pointed commissioners to view, mark, survey, and locatea 
Stj«te road^from Ottawa, in LaSalle county aforesaid, in a 
northerly direction to the State line, by the way of the 
town of Munson, the east end of Sha-ba-nee's Grove, the 
south timber on Sycamore, and Mr. Callum's Point; said ^yj^^^^^^^^ 
commissioners^, or a majority of them, shall meet at the where to meet 
town of Ottawa aforesaid, on the second Monday of April 
next, or some day thereafter, and after being duly sworn 
by some justice of the peace, faithfully to discharge the 
duties required of them by this act, shall proceed to view, 
mark, survey, and locate said road, having a due regard to 
the convenience of the public, and the permanency of the 
road. 

M2 



•290 llOAiJB. 

Sec. 2. Said commissioners, within tiiirty days after hav- 

SJiallmake a jjjg located said road, shall make a report in writing, to the 

miSonc°s'*^°'"' <^ou^^y Commissioners' courts of the respective counties, 

courts. througli which said road shall pass; said report siiall form a 

-^ part of the records of said courts, and the same thus laid 

out shall be a public highway of tliis State, and the county 

commissioners' courts of each county through which the 

Road how Said road may pass, shall cause the same to be opened, and 

oi)€ned and kept in repair, as other State roads arc required to be by 

kept iu lepulr. , * 
^ ^ law. 

Sec. 3. The county commissioners' courts of the coun- 
uTIl^verarper- ties through which said road shall pass, shall allow to said 
sons, how made commissioners a surveyor and chain carriers, and others 
rendering service, to be paid out of tJieir county treasu- 
ries, ecjually, a reasonable compensation. 
Ari> ROVED, March 3, lb37» 



t , Af 1 AN ACT to locate a state road fioin Windsoi to Blooiiiineton. 

Ill force, luiircii ° 

4, 1837. 

Sfx'. 1. Be it macted by the people of tJie State of Illinois^ 
represented in the General Assembly, That Reuben Can- 

appoi^ieTtr^ lock of McLean county, Jonathan Babb and Augustus 

locate road. Longworthy of Putnam county, be and they are hereby 
appointed commissioners to view, survey, mark, lay out 
and locate a road from the town of Windsor in Putnam 
county, to the town of Columbia in the same county, and 
from thence by the most feasible and direct route to the 
town of Versailles in McLean county, varying as little as 
practicable from a direct line from point to point, having 
in view the most eligible route, its permanency, and due 
regard to the public convenience. 

Sec. 2. The said commissioners or a majority of them. 

When a.K^ j lj j (.j^^ ^,.g^. Monday of May next, or within two 

where to meet. " J , , • - 

To be sworn moiiths tliereaitcr, at \v mdsor, and bemg tirst duly sworn 
before some justice of the peace faithfully to discharge 
the duties required of them by this act, shall proceed to 
view, mark, and locate said road, and as soon as practica- 

«.v, 11 .1^ ble thereafter, cause to be made a map of the survey of 

ohall make • r- i i , i ■ ,• V i r , 

map of road & said. road certined by tncm,and lorward a copy thereoi to 
forward a copy ^[^q. clerk of the coi¥ity commissioners [court] of each of the 
thereof to clerks ^^^j^j^.gg through which, or apart of which said road shall 
Survey shall be pass, which shall be filed by him in his ofliee, and be 
filed by clerks deemed apart of the record of said court; and the said 
road thus laid out, together with the present county road 
from the town of Versailles by iJowliug Green to Bluoar 



ROADS. 291 

iiigton, shall be and is hereby declared a public stale road, Road iw^^ 
and shall be opened and kept in repair m the same man-j^l.^^ imepaiai- 
neras other public roads are. 

Sec. 3. The said commissioners and one surveyor, two Compensation 
chain carriers, and one marker, shallrespectively receive for ^"J.^l^™ 'la"- 
their services a reasonable compensation, to be determined .je's, nnd sm-- 
by the commissioners' courts, and paid out of the treasu- veyor 
riesof the several counties through which said road shall 
pass, in proportion to the time and labour actually expen-^yj^ ^ ''°""" 
ded in each, in and about the location of said road: Provi- 
ded, The county commissioners' courts of the several coun- Provided they 
ties through which said road shall pass, shall first cause to [JjJ^^.^^^:^ °'"''^^" 
be entered upon their records an order for the payment of 
the same. 

Approved 4th March, 1837. 



AN ACT to locate a State road therein named, and for other purposes. [,, f^i.^e March 

2 1837 

Sec. 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Jhsemblij, That John Shrader, William 
Snap, and Isaac Keller of the county of Edgar, be and 
they are hereby appointed commissioners to view, mark, Q^^^^jgg.Q^gj.g 
and locate a state road from Grand View in Edgar coun- appointed 
ty, to intersect the state road leading from Paris to Spring- 
field, at or near Nathaniel Wayne's in said county. 

Sec 2. Said commissioners or a majority of them, shaH Place of meet 
meet at Grand View on the first Monday in April next or'"^- 
within ninety days thereafter, and after being first duly 
sworn before some justice of the peace for said county, 
faithfully to discharge the duties enjoined upon them by 
this act,sha]l proceed to view, mark, and locate said road on 
the best practicable route for a permanent location and 
the public convenience, doing as little damage to private' 
property as the nature of the case will permit. 

Sec 3. The said commissioners may employ one eur- May employ 
veyor and two chain carries, and shall cause said road to *"'***"^* 
be surveyed, and a map of said survey shall be made out 
and returned to the clerk of the county commissioners' 
court of Edgar county, the plat of said road when so re- 
turned shall make a part of the records of said court. 

Sec. 4. The commissioners shall mark the trees through 
the timber, and set stakes in the ground through the prai- 
rie on the location of said road. 

Sec. 5. The county commissioners' court of Edgar coun- Compensation 
ty shall allow to said commissioners, surveyor, and chain 
carriers a reasonable compensation for their services, in 



292 llOAUS. 

the location and survey of said road, to be paid out of the 
county treasury, said road when located shall be a state 
road, and opened and kept in repair as other state roads 
are required by law to be. 

Sec. 6. The present travelled road leading from Grand- 
view via J. Mouzye's, tlience to Mr. Mofhtt's. thence to 
R.Gill's, thence to Smith's mill, thence to R.Henson's, thence 
to Mr. Stephens', thence to Elijah Wells's, and from thence 
to the county line, in a direction to Livingston on the Cumber- 
^ate'^^'d^ landroadinClarkcounty,beandthesameis hereby declared 
a state road, the same to be kept in repair as other state 
roads are: Provided^ the same shall not be opened more 
than thirty feet wide. 

ArpRovKD March 2, 1837o 



In force, 3ci ^^N ACT to locate a state road from Giafton to Wood river. 

March, 1837 

Sec. 1. Be it e?2 acted hij the people of the State of Illi- 
nois^ represented in the General Assembly ^Th^i i. M. Herd 
and John Hanell, of <he county of Green, and James 
Commissioners ^/ebb, of the county of Madison be, and they are hereby 
appointed commissioners to view, mark out and locate a 
Their duty. State road fi'om the Mississippi river, in the county of 
Green, to Wood river, in such manner as to meet and 
fall in v/iLh the road from Vandalia to Alton, where said 
road crosses or will cross said river, commencing said 
road upon the [Vlississippi river as near the middle of the 
sixteenth section, town six north, twelve west,as possible, 
and from thence running in as short and direct a manner 
as may be convenient to said termination upon Wood 
river, where the road from Vandalia to Alton crosses, or 
such other place as said commissioners may think proper, 
doing as little injury to private properly as a due regard of 
pnblic good wUl permit. 
Time and Sev. 2. The Said coinmissioners, or a mtijority of them, 

hiff!^ ° '"^^ ' shall meet at Grafton on the first day of September next. 
Shall be sworn or within sixty days thereafter, and after being duly 
Oath sworn before some justice of the peace, well and truly to 

perform thedutics required of them by this act, according 
to the best of their skill and ability, they shall proceed 
to view, mark, and lay out said road, agreeably to the pro- 
visions of the first section of this act. 
To make maps Sec. 3. As sooii as saidroad is located, said commission- 
or plats gj,g shall make out two complete maps or plats of said road 

To be filed SO viewed, marked out and located by them, and after certi- 
and where fying the correctncss of Said maps or plats, shall deposite 



ROAD^. 293 

one of them ^\ith the clerk of the county comnriissioners' 
court of Green county, and the other with the clerk of the 
county commissioners' court of Madison county, and ^^'^c colunZ^\o!^erI 
clerks aforesaid shall cause said plat or survey to be laid 
before the county commissioners' courts of their respec- 
tive counties, at the first session of said courts, after the re- 
ception of said plats by the clerks aforesaid. And the said To be a pubi''-' 
commissioners shall cause an entry to be made thereof on lo^'i 
their records; and the said road so located is hereby de- 
clared a public road. The county commissioners of said 
counties shall cause said road to be opened at least three 
rods wide, and kept in repair in the same manner as other 
public roads by law are required to be. 
Sec. 4. The said commissioners and their necessary atten- ,, 

, 111 - 1 • ^ I - ''• Compensation. 

dants shall receive sucii compensation lor their servicesout 
of their respective county trcasuriesas the county commis- 
sioners of said county may deem reasonable to andallo\v._ 
Approved 3d March. 1837. 



AN ACT to locate a state road from Ilan'.y Fostoi-'s, in IMarJoii count}-, to I» Toice, 4th 
Shclbyville, in Shelby coumy. March. 1837 

Sec. 1. Be it enacted by tho People of the Stats oj Illinois, 
represented in the General Assembly, That John A. Wake- 
field and Asahel Lee, of the county of Fayette, and James Commissioners. 
W. Vaugn, of the county of Shelby be, and they are appointed. 
hereby appointed commissioners to view, survey, and lo- 
cate a road from Hardy Foster's in Marion county, to 
Shelbyville, in Shelby county. 

Sec 2. Said commissioners, or a majority of them, 
shall meet at the house of Hardy Forster, in Marion Sre to'Let. 
county, on the first Monday in June next, or within thirty Duty 
days thereafter, and shall proceed to view, mark, and lo- 
cate a road from said Fos';er to Shelbyville, in Shelby 
county, on the most eligible route, on the east side of the 
Kaskaskia river. 

Sec. 3. Said commissioners, or a majority of them, shall -p^ ,^,jjj.g ^^ 
make out a true map or plat of said road, a copy of which an-i where filed 
shall be transmitted to the Secretary of State, to be filed 
in his office, a copy of the same shall be returned to the ^"'^ of court 
county commissioners' courts of the respective counties 
through which the same may pass, at the first term of the 
county commissioners' court, held after the location of 
said road; and the county commissioners shall allow said ^°'^P^"^^"°"' 
commissioners such compensation as they may think rea- 
sonable and just, not exceeding two dollars per day, and 
such allowance for chain carriers and others employed on 



294 ilOADS. 

said road, as they maj deem reasonable an I just, to he 
paid out of the county treasury of the counties of Fnj- 
ette and Shelby. 

Sec. 4. The county commissioners of the county of 

Shelby, and the county of Fayette, shall cause that part 

Road to be of the road running through their respective coun- 

opened t^jgg ^ be Open and kept in repair as other State roads 

are. 

This act to take effect and be in force from its passage* 
Approved 4th March, 1837. 



In force 3(1 AN ACT to locate a State road from Wesley city, in Tazewell county, to 
March 1837. Bloi mington, in McLean county. 

Sec. 1 . Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly, That Charles S. Dor- 
sey and John CBrien, of the county of Tazewell, and 
Jonathan Hodge, of the county of McLean be, and they 
Commissioners ^^.q hereby appointed commissioners to view, survey, and 
appoinec, anc j^^^^^g ^ State road from Wesley city to Bloomington, in 
McLean county, running by Daniel Roberts' and R. N. 
Cullom's, at or near Soward's old cabin on the Mackinac 
river, in Tazewell county; chence to intersect the road 
from Versailles to Bloomington, at some suitable point on 
said road, thence to Bloomington. 

Sec 2. Said commissioners, or a majority of them, 
Where lo meet shall meet at Wesley city, in the county of Tazewell, on 
and when. ^j-^g fn'st Monday in June next, or within three months there- 
after, who after being duly sworn by some justice of the 
To be sworn, pg^ce in said county, faithfully to observe the provisions 
Duty' of this act, shall proceed to view, survey, and locate said 

road, taking into consideration the local situation ol the 
country through which the same may pass, and establish 
the same on the most eligible and advantageous ground, so 
as to make it a permanent and good road. And the said 
commissioners shall locate said road, and the county road 
now established, leading from Funk's to B. N. Cullom's, 
as far as they may deem it practicable, and where the said 
road shall not run on said county road or deviate there- 
from, the same shall be annulled, unless the county com- 
missioners mny choose to have the same kept open as a 
county road. 
Route to be Skc. 3. The said commissioners shall mark the route of 

marked \\^q said road where it passes through timbered land, by 

cutting the trees and when it passes through prairie 
by running a good furrow with a plough. 



U«>A1)S. 395 

Sec. 4. As soon as the said comniissloners shall have 
viewed and located said road, they shall make out a cor- 
rect map of the said route, and return the same to the ^o make a 
clerk ot the county courts of the counties of Tazewell and mnp and return 
McLean of that part of the road which riicsl in each coun- "*''*^'®''^ "^ 

X. i_ _ _j couihv com* 

ty respectively, and the county commissioners shall cause court 
said map to be entered on their records. 

Sec 5. The said road when so located as aforesaid, 
shall be deemed a State road and shall not be altered or 
turned out ofits course under any pretence whatever, ex- I^eciared 
cept by an act of the General Assembly, shall be opened 
four poles wide and kept in repair as other State roads width. 
are. 

Sec. G- The commissioners appointed under the provis- 
ions of this act, shall receive a just and fair compensation Comi^ensation, 
for their services, and such hands as they shall necessarily 
employ, each connty paying in proportion to the time 
necessarily occupied by them within its limi's. 

Approved 3d March, l837. 



AN ACr to review and relocate a part of tlie state road leadjii"; from I rank- r ,• n/r i, 
,. ^ ^ T , , ° In lorce iMarcii 

lurt to JonGSDoro'. . IR'W 

Sec. 1. Be it enacted by the people of the State of lllinios, Commissiouera 
represented in the General Assembly, That Harper Wiley appointed 
of Franklin county, and John Cochran of Union county, 
be and they are hereby appointed commissioners to review, 
mark, and locate a road from Bainbridge's store to Jones- 
boro' on the nearest and best ground to Jonesboro', and all 
that part of said road lying between said store and Jones- 
boro', is hereby vacated. 

Sec. 2. Said commissioners shall meet at the house of wiienancf 
Allen Bainbridge in Franklin county, on the second Mon- "'hs^'^ '» '"e^": 
day of May next, or within one month thereaftei-, and af- 
ter being first duly sworn before some justice of the peace '^"'^^ swom^ 
faithfully to perform the duties required of them by this ^^'''• 
act,shall proceed to review, mark, and locate said road, and ^^"^* 
shall make duplicate reports to the county commissioners' 
clerks of their respective counties, and by them to be filed 
in their respective offices of the principal points by which 
said road passes in said counties. 

Sec. 3. Said road when so laid out, shall be a public Jf^o^d to be a- 
highway, and the county commissioners' courts of the said^"^'"^ highway 
counties shall cause the same to be opened four poles 
wide, and to be worked and kept in repair as other state "^'^"^^"°" 
roads; the respective county commissioners' courts of said 



29G ROADS. 

cauniies shall allow siud commissioners a reasonable com- 
pensation for their services, to he paid out of their respec- 
tive county treasuries. 
Appro VED March I. lS37, 



AN ACT for a stale road from McLeaiibboro' to GoJccnda in I'opc countj". ' 
In force 3d, i r> . ,7 , i /• i a r m- • 

March, 1837 oJEc. 1. Be it enacled by the people oj the bkdc oj Mlinots, 
represenUd in the General Assembly^ That John Morse of 

Commissioners Pope county, David J. Blackman of Galatin county, and 

authoriswi Thomas Barker of Hamilton county, be and they are 
hereby appointed commissioners to view, layout, and mark 

^"'y* a road from McLeansboro' in Hamilton county, to Gol «^n- 

da in Pope county, so as to intersect the state road leading 
from Vandaiia to Golconda, Paducah and Wilcoxe's ferry 
by the nearest and best route for the same, having in view 
the highest and most suitable ground for the location there- 
of, and report the same, together witli a description there- 
of, under their hands, to the county commissioners' court of 

Report. the said counties of Hamilton, Gallatin and Pope, on or 

before the first term after the said view, and the number 
of days employed by them respectively in each county in 
said work, and the said road when so viewed, marked, and 

Declared a reported, shall be deemed a state road, and kept in repair 

state road. ^^ other statc roads arc. 

Sec. 2. The said commissioners or a majority of them, 
shall on or before the first day of September next, or 

wheiTto meet, within three months thereafter, meet at the town of Gol- 
conda in Pope county, and afier being duly sworn before 

To be sworn somc justice of the peace, proceed to lay out said 
road as directed in the preceding section, and the county 
courts' of Hamilton, Gallatin, and Pope, shall respective- 
ly allow the commissioners a sum equal to two dollars per 

Compensation day for every day they shall be engaged in viewing and 
max-king said road, so far as the same may be in Hamilton 
county, and the county court of Gallatin county shall 
make said commissioners the same allowance for such time 
as they shall be engaged in viewing and marking said 
road, so far as the same shall be in the county of Gallatin; 
and the county court of Pope county, shall make the said 
commissioners the same allowance for such time as they 
shall be engaged in reviewing and nicirking said road, so 
far as the same shall be in Pope county. 

Sec. 3. Jesse Kennady, David Shearer, and Hughy 



1KJAD3. 



297 



Johnson, of Johnson county, be and tbey are hereby ap- Commissioners 
pointed commissioners to view, lay out, and mark a road ."fj'^'load from 
from \Vi!coxs"s ferry on the Ohio river, so far as the WiUcoxs's to 
Johnson county line extends, in the direction to John Davis's. 
T. Davis' mill in Franklin county, by the way of Joseph 
Hoydarulls' by the nearest and best route for the same, ^^"y- 
having in view the most suitable ground for the location 
thereof, and report tlie same together with a de-^cription Report. 
thereof, under their hands to the county comi:.issioncrs 
court of the said county of Johnson, on or before the first 
term after said view, and the number of days employed by 
them respectively in said work, and the said road when so 
viewed, marked, and reported, shall be deemed a state 
road, and kept in repair as other state roads arc. 

Sec. 4. The said commissioners or a majority of them, -^Vi^g„a,j^ 
shall on or before the first Monday of June nex!:, or v/ith- whereto meet 
in three months thereafter, meet at the town of Vienna in 
said county of Johnson, and after being duly sworn be- "^'^ '^^ sworn. 
fore some justice of the peace, proceed to lay out said 
road as directed in the preceding section, and the county 
court of Johnson county shall allow the said commission- 
ers a reasonable compensation for their services. Comper.sation 

Approved March 3, 1837, 



AN ACT to relocate a certain road therein named. t r „ -"•.,,..■,, 

In lorce ivxaicn 

4tli,1037. 
Sbc. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That B. D. Rusk and Commisslcners 
Eli Mathews of the county of Sangamon, and Aaron ^PP^'-''^^ 
McP^inzie and Lemuel Mosely, of the county of Shel- 
by, be and they are hereby appointed commissioners to 
re-mark, review, and relocate the state road from Spring- 
field in Sangamon county, to She'byville in Shelby county. „ 

Qt^^ O TU^ o.,-J «J1-- X rj^i Shall mcetat 

bEc. ^. Ihe said commissioners or any two of them, gp,ij,gQej(-|_ 
shall meet in the town of Springfieid on the first Monday 
in April next, or within ninety days thereafter, and after To be sworn. 
being duly sworn before some justice of the peace faith- 
fully to discharge the duties required of Ihcm by this act, 
shall proceed to view, mark, survey, and locate a state 
road on the nearest and best route, having in view the eli- 
gibility of the ground for a permanent rojid, from the pub- ppnnan-nt 
lie square in the town of Springfield to the town of Ed in- road'.' 
burgh in the said county of Sangamon, and from thence to 
the aforesaid town of Shelbyville, said commissioners shall 
cause plain marks and blazes to be made upon the trees, 
when the said road shall pass through the timber, and 

N2 



298 - ROADS. 

stakes to be driven in the ground at suitable distances from 
each other, when it shall pass through the prairie. 

Sec. 3. As soon as practicable after the said road shall 
jyia f gm have been located, the said commissioners shall cause to 
to be filed. be made, a map or plat of the survey of so much of said 
road as lies in each of the aforesaid counties of Sangamon 
and Shelby, and forward the same to the clerks of the 
county commissioners courts of the said counties respec- 
tively, who shall file the same in their otiices. 

Sec. 4. If the said road can be made to intersect the 
present state road leading from Springfield to Shelbyville, 
at any point east of the aforesaid town of Edinburgh, with- 
out materially changing its course, then in that case, it 
shall not be necessary for the said commissioners to locate 
. said road any further than the point at which said intersec- 

roviso, ^.^^^ ^_^^^ ^^j^g place. Provided^ Nothing herein contained, 

shall be so construed as to vacate any part of the aforesaid 
named road, as lies between the town of Rochester and 
the place of intersection. 

Sec 5. The said road when laid out, as is provided for 
by this act, shall be opened four poles wide, and kept in re- 
pair as other state roads are required to be, and shall not 
be opened or changed from its course, except by an act 
of the Legislature. 

Sec. 6. The said commissioners and such surveyor, 
markers, and other persons, as may be necessary to aid in 
viewing, marking, surveying, and laying out said road shall 
Compensation receive such reasonable compensation for their services 
as the county commissioners courts of their respective 
counties may deem right and proper, to be paid out of the 
county treasuries of the several counties through which 
seid road may pass. 

Approved March 4, l837. 



in force 28th ^^ ACT to locale a State road from a point on the Mississippi river op- 
Fdb. 1837 posite Burlington to Favmingtonj in Fulton county. 

Sec. 1. Be it enacted by the people of the State of Illinois 
represented in the Genercd Assembly^ That Roland Simmons 
CommisBioners °^ Warren county. Job Babot and Nathaniel B. Childs of 
Fulton county be and they are hereby appointed commis- 
sioners to view, mark and locate a road from a point on 
the Mississippi river, opposite Burlington by the way of 
Greenfield in Warren county, Augustine, Smithfield and 
Troy to Farmington, in Fulton county. 



ROADS. 299 

Sec. 2. Said commissioners shall meet in Farmington on Time of meet 
the first Monday in April next, or as soon thereafter as they '"S- 
convenientty can, and after being duly sworn before some r^^ ^^ ^^^.^^.^^ 
justice of the peace faithfully to discharge the duties re- 
quired of them by this act, shall proceed to vie^v, mark, 
locate and survey said road, doing as little injury to 
private properly as the public good will permit, and at p^^^j ^^j ^^^^1^ 
the end of each mile they shall set a post of durable tim-miie 
bar, and inscribe thereon in legible figures the No. of 
miles from the place of beginning. 

Sec. 3. Said commissioners shall on or before the first simii make map 
Monday in July next make a map or plat of said road, 
describing particularly the courses and distances thereon, 
which lies in the respective counties, and transmit the rransmit to 
same to each of the clerks of the county commissioners' clerks 
courts respectivel}', to be by hiip. filed in his ofiice and 
preserved. 

Sec. 4. The county commissioners' courts of the res- Compensation 
pective counties shall cause to be paid to the said road 
commissioners, and such hands as the said commissioners 
may find it necessary to employ in making and surveying 
said road, such compensation out of the county treasury 
as they may deem reasonable, to be paid out of said coun- 
ty treasury in proportion to the extent of said road in 
each county. 

Sec. 5. ' When said road shall be thus located, it shall 
be deemed a state road four poles wide, and shall be 
opened and kept in repair as other high-ways are. 

Sec. 6. And he it further enacted. That John IIum-„ . . 

Tirr •' X i»*-ii r m Comimssioners 

phreys of Warren county, Isaac Miller ot Mercer coun- 
ty, and John W. Spencer of Rock-Island county, be and 
they are hereby appointed commissioners to view, mark, 
and locate a road from Monmouth in Warren county, 
(via) Grandview, to Stephenson in Rock-Island county. 

Sec. 7. The said commissioners, or a majority of Shaiibe swom 
them, shall meet in the town of Monmouth on the first 
Monday in June next, or as soon thereafter as they con- 
veniently can, and after being first duly sworn before some 
justice of the peace faithfully to discharge the duties 
required of them by this act, shall proceed to view, mark 
and locate said road, doing as little injury to private pro- 
perty as the public good will permit. 

Sec. 8. The county commissioners' courts of the res- Commissionei-s 
pective counties shall cause to be paid to the said road court shall pay. 
commissioners such compensation out of the county trea- 
suries as they may deem reasonable, to be paid out of said 
county treasuries in proportion to the extent of said road 
in each county. 

Sec 9. When said road shall be thus located it shall 



300 ROADS. 

be deemed a state road four poles wide, and shall be 
opened and kept in repair as other public high-ways are. 

Approved 2bth February, 1837. 



In force 2nd ^N ACT laying out ccnain State roads. 

Jtfarch 1837 

8kc. 1. Beit enacted by the people of the State of Illinois 
represented in the Geneted Assembly^ That the public road 
as now travelled from Edvvardsville, in the county of 
Madison, to Alton, and from thence to Carrolton and 
White Hall in Greene county, be and tha same is hereby 
Declared a declared a state road, and to be improved and kept in re- 
State road pjjjj, j,j^g otijgj. sta^g roads, 

Sec. 2. That Philip Jarboe, Job Collins of Greene 
Commigsionerg county, and Joseph H. Goodwin of Pike county, be and 
they are hereby appointed commissioners for the purpose 
of locating, sui veying and establishing a state road from 
White Hall, in Greene county, to Pitlstleld, in Pike coun- 
' ty, to commence at White Hall, thence to Wilmington, 
. . thence to Bridgeport, and from thence to Pittsfield, and 
to terminate at the place where the state road from 
Quincy, in Adams county, to Pittsfield, in Pike county, 
now terminates, and so as to unite with the same: said 
- commissioners shall meet in the town of White Hall, at 

j„" the Hotel in that place, on the first Monday of May next, 

Tobesworn.y or vvithin sixty days threafter, and after being duly sworn 
by some officer authorized by law to administer oaths, to 
discharge the trust hereby reposed in them faithfully and 
impartially, shall pioceed to locate, survey and establish 
the road aforesaid on the best and most eligible ground for 
the same, taking into view the accommodation of travellers 
and the citizens generally, and v.dien said road shall run 
Stakes & marks through prairics they shall drive stakes firmly in the 
ground, and through the timber shall mark the trees with 
three hacks on each side, so that the whole route shall be 
plainly designated; and after they shall have completed 
Shair report the same, they shall make a report of their doings to be 
signed by said commissioners, and a copy thereof, and a 
CO. y of the survey, and field notes of said road shall be 
J filed in the office of the clerk of the county commission- 
ers' court ol' Greene county, and also of Pike county, 
anion i;; the records of tiiosc courts; and all questions re- 
lating to the location of said road shall be determined 
from the returns of the commissioners filed of record as 
aforesaid. Said road shall be laid out four poles wide 



ROADS. 301 

on the firmest and best ground, to do as little injury as 
possible to private property. It shall not run through 
any garden or orchard, or any plantation of trees, either 
for use or ornament planted out by any individual w^hom- 
soever without the consent of such individual. 
. Sec. 3. That Levi Pvuder, Manoah Bostic and George . . 

W. Allen, of the county of Greene, be and they are hereby 
appointed commissioners to locate, survey and establish a 
state road in the county of Greene, as follows: Beginning at piace of com- 
White Hall, from thence to Greenfield by Manley's mill on mencement 
Apple creek, from thence to Fayette, so as to unite with the 
road leading from Carlinvillc, in ISlacoupin county, to 
Carrolton, in Greene county. Said commissioners shall 
meet at the Hotel in the town of White Hall on or be- 
fore the first Monday of May next, or within sixty days 
thereafter, and after being sworn by some magistrate of Be sworn by 
Greene county authorized by law to administer oaths, """g's^rate 
to execute the duties imposed on them by this act faith- 
fully and impartially, shall proceed to lay out said road 
by locating, surveying and establishing the same four 
poles wide on the firmest and best ground for the same; 
and where said road shall run through pi^airies, they shall 
drive stakes firmly in the ground, and plainly mark and 
blaze the trees where the same may run through timber, 
so as the route shall be plainly designated; said road to be 
so located as to combine as far as possible the accommo- 
dation of travellers, with the interest of the citizens gene- 
rally; to do as little injury as possible to private property, 
and avoiding gardens, orchards, and plantations of trees for 
use or ornament, unless the consent of the owner can be 
first had and obtained, and the said commissioners shall, 
after they have completed the location of said road, make jyj^j^^ ^^jj ^.g. 
a full report of their doings, and sign the same, and file port 
a copy and also a survey and field notes of said road in 
the clerk's ofiice of the county conrmissioners' court of 
Greene county with the records of said court, and all 
questions, relative to the location of said road, shall be 
determined from the report, survey, and field notes afore- 
said. 

Sec. 1. The several commissioners appointed by this - 
act shall be entitled to a reasonable compensation for 
their services not exceeding the sum of two dollars per 

day each, to be allowed said commissioners by the coun- ^ 

, •• 1 jr^i I. • i"u„u „r^oun'y court 

ty commissioners' court oi the county in which each ol ^j^^j "^y 

the aforesaid commissioners may reside, and when au- 
dited and allowed shall be paid on the order of the said 
county commissioners' courts out of their respective county 
treasuries. 
Approved, 2nd March, 1 837. -' 



302 ROADS. 

In force, 1st AN ACT to locate a State road from Liberty to Pinckney villa. 

March, 1837. 

Sec. 1 . Be it enacted hy the People of the State oj Illinois, 
Commissioners') ^^/"'^^^'^^^'^ ^'^ ^^''^ General Assembly^ That Harvey Clcn- 
toview, mark-dinnen of Randolph county, Richard Bradley of Jackson 
ami locate a countv, and Jamcs Crane of Perry county, be and they 

State road. ii • , ^ ..•',•'.■ , ^ 

are hereby appointed commissioners to view, mark and 
locate a State road from Liberty, in Randolph county, to 
Pinckney ville in Perry county; said commissioners, or a 
majority of them, shall meet at the tovfn of Liberty, on the 
where to meet, ^^s*^ Monday in May next, or within sixty days thereafter, 
To be sworn, and after being duly sworn by some justice of the 
peace, faithfully to discharge the duties required of them 
by this act, shall proceed to view, mark and locate said 
road, by the nearest and most convenient route, taking 
into consideration the public convenience and the perma- 
nency of the road, doing aslitte injury to private property 
as possible. 

Sec. 2. Said commissioners within thirty days after 

To makereportli^ving located said road, shall make a report in writing, 

to county com- to the county commissioners' courts of the respective coun- 

msssioners ^^gg througli which Said road shall pass, and said report 

shall form a part of the records of said courts, and said 

road thus laid out shall be a public highway of this State, 

and the county commissioners' courts of each county 

through which the said road may pass, shall cause the same 

m?ssLnere'to to bc Opened and kept in repair, as other State roads are 

open road.j required to be by law. 

Sec. 3. The county commissioners' courts of the coun- 
ties through which the said road may pass, shall allow to 
County com- said commissioners a reasonable compensation to be paid 

missionersto , r ji j j. • r J^ *• ^i i i • i 

allow compen-outot the couuty treasuries 01 the counties through which 
sation. said I'oad may pass according to the time employed on the 

road in each county. 

Approved 1st March, 1837. 



In force March AN ACT to cstablisli a State road therein named 

4, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois^ 

Commissioners' represented in the General Assc7nbly, That Daniel Travis, 

appointed. Comelius D. Banta, and John Page, Esq. all residing near 
the town of Hanover, in the county of Tazewell, be and 
they are hereby appointed commissioners to view, survey 
and locate a State road from a point on the State road 
from Peoria to Ottawa, the nearest to the town of 
Hanover, in the county of Tazewell, through said town of 



ROADS. 303 

Hanover, thence to pass as near as the nature of the 
ground and public convenience will permit, along the 
township line, between townships twenty six and twenty 
seven, and to intersect the State road from Vincennes to 
Chicago, at the crossing of said road on the Iroquois 
river. 

Sec. 2. The said commissioners, or a majority of them, 
shall meet at the town of Hanover on the first day of May where tTmeet. 
next, or within three months thereafter, and after being 
duly sworn before some justice of the peace faithfully to 
observe the provisions of this act, shall proceed to view 
and locate said road, taking into consideration the lo- 
cality of the ground and public convenience as aforesaid, 
and shall fix said road on the most advantageous ground 
for a permanent road; said commissioners shall on or before 
the first session of the county commissioners' court after 
said location, make or cause tobcmadeanddclivered to the sur^e^-Tnd 
county commissioners court of each county through which copy. 
said road shall pass, a true survey and copy of said road. 

Sec. 3. Said road when kiid out as aforesaid, shall be J^o^d shall be 
deemed and considered a State road, shall be opened, ^°' ^ " 
worked and kept in repair, as other State roads are; and 
the said commissioners shall receive out of the county 
treasury of the respective counties through which said 
road may pass, at the rate of one dollar and fifty cents, Conjpensation. 
for every day necessarily employed in locating so much of 
the road as may pass through such county, and the sur- 
veyor, chain-carriers, and others, necessarily employed in 
locating said road, shall receive such compensation for 
their services so rendered in each county, out of the county Out of county 
treasury as aforesaid, as to the county commissioners of '^^^"^^" 
such county, may seem just and right. 

Approved March 4, 1837. 



iVN ACT to locate a ceitain State road therein named. jj^ [qj-^q March 

3, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois^ 
represented in the General Assembly^ That Robert Palmer. „ ... 
Robert G. Allen and Henry Landers be aind they are here- to locate road, 
by appointed commissioners to mark, view, and locate a 
State road on the nearest and most eligible route from Route of said 
the Lake fork bridge, on the Jacksonville and Greenville™*^' 
State road, one half mile south of Bailey Taylor's, and 
from thence via Sparta, to the Edwardsville road, at Ellas 
Gwinn's on the Dry fork of the Macoupin creek. 

Sec. 2. The said commissioners shall meet at Sparta on S''^^' '"®^' ^' 

■T bparta. 



304 i^^^^^- 

the first Monday in April next, or within one month there- 

Shaiibe sworn, after, and after having been duly sworn before some justice 

of the peace of said county, to the faithful discharge of their 

duties, shall proceed to view, mark and locate said road 

as soon as practicable thereafter, and cause to be made 

To return plat out a report of the location of said road, designating the 

and survey to ^^^^ important points thereon, and as soon as practicable 

Sone°s'^' 1-eturn a copy of the same to the clerk of the county com- 

cieVk. missioners court of Macoupia county, which shall be by 

him filed in his ofhcc, and said road thus laid out shall be 

Declared a and is hcrebv declared a State road, and shall be opened 

State road. ,, ,.- . ,, ,i- ^„j„ 

and kept m repair as other public roads. 

Sec. 3. The county commissioners' court of the county 
Compensation ofMacoupin, shall allow said commissioners a reasonable 
of commission- compensation for their services, to be paid out of the county 
*'^* treasury of said county. 

Appuoved, March 2, 1837. 



In force 27th ' -^'^ •^•'-'1' '° locate a State road therein named . 

February, 1837 

Sec. 1. Be it enacted by the People of the State of lilinois, 
represented in the General Assembly^ That Josephus Hewett, 
Commissioner ^^^y^^ ^ Latham, and William Carpenter, of Sangamon 
county, be and they are hereby a])pointed commissioners 
to view, mark and locate a state road, commencing at the 
public square in the town of Springfield and running 
north with the Galena road to where the half mile line 
east and west, running through section 27, town. 16 north 
of range 5 west, crosses said road, thence east with said 
half mile line, until it intersects the present located road 
from Springfield to Decatur. 

Sec. 2. That said commissioners shall meet at the 
Place of meet town of Springfield on the first Monday in April next, or 
'"8 within thirty days thereafter, and after being duly sworn 

before sonre justice of the peace faithfully to discharge the 
duties enjoined on them by this act, shall proceed to view, 
mark and locate said road from point to point, as direct- 
ed by the first section of this act, and shall make out 
and return a complete plat of said road, when so located, 
to the county commissioners' court of said county, which 
shall be tiled with the clerk of said court, and said road, 
To be deemed when SO located, shall be deemed a state road and shall 
a state road, be kept in repair as other state roads are: Provided^ 
That nothing in this act shall be so constructed as to va- 
cate any part of said road, as now travelled between 



ROADS. 305 

Springfield and the place of termination of the above 
named road. 

Sec. 3. The county commisjiop.crs' court of said coun- CoInpsn^ation 
ty shall allow said commissioners a reasonable compen- 
sation for his [their] services, to be paid out of the treasury 
of said county. 

This act to be in force from and after its passage. 

Approved 2Tth February, 1837. 



An act to coiuiiiiie the State road from ShaAnectowi;, hi GaJIatin county, [f, foixa 7ih 
to Chicago, in Cook county. February,! 837 

Sec. 1. Be it (enacted by the people of the State of llli- 
7wis, represented in the General Asseinbly, That John Ditter Nauiesofcom 
of Clay county, Thomas Sconce of Coles county, and ™°s'°"«=^'s 
Marcus Thomas ol' Iroquois county, be and they are here- 
by appointed commissioners to view, mark and locate a . 
state road from where the road, as viewed and marked from 
Fairfield via Jesse l^aird's to the Clay and Wayne county 
line on the direction to Maysville, thence via Maysviile 
in Clay county, Greenup, Charleston, through Richmond's 
settlement in Coles county, Sydney in Champaign coun- 
ty, via the county seat of Iroquois county, thence to in- 
tersect the Vincennes and Chicago state road, in Iroquois 
county, in a direction to the town of Chicago in Cook 
county. 

Sec. 2. Said commissioners, or a majority of thern, 
shall meet on the Wayne and Clay county line at the When ami 
place aforesaid, on the first Monday in May next, or ^^'^^^'^ '° ™®®'' 
within three months thereafter, and after being first duly 
sworn before some acting justice of the peace of Wayne 
county faithfully to discharge the duties enjoined upon them 
by this act, shall proceed to view, mark, and locate said 
road, by setting stakes in the prairie and blazes on 
trees in the timber, taking into consideration the public ' 
convenience, the nearest and most eligible route for a per- 
manent location, doing at all times as little injury to pri- 
vate property as practicable. 

Sec 3. Said commissioners shall have pou-er to employ jviay employ a 
a competent pilot, and other persons, if necessary to cna- pilot 
ble them to carry into effect the location of said road. 

Sec. 4. Said commissioners, within one month after To make report 
having located said road, shall make a report in writing 
to the county commissioners' courts of the respective 
counties, through which said road shall pass; and said 

03 



3a6 ROADS. 

repoit, so tiled, shall form a part of Uie records of said 
courts. 

f.^ ^^,. Skc. 5. The county commissioners of the several coun-. 

ties ihrough which said road shall pass, shall allow to each 
viev/er the sum of two dollars per day, in proportion to the 
distance in each county, and such other reasonable ex- 
penses as they shall deem just and right, to bo paid out 
of the county treasuries, in proportion to the distance 
said road shall pass through said counties. 

Skc (?. When said road is located the county com- 

AStatoroad niissloners of the several counties shall cause the same 

to be kept ui , i i i j • • i 

i-oijaif to be opened and kepi, m repair as other state roads are; 

and tlTfit part, as viev/ed and marked in Wayne county, 
sh.-ill be a part of said state road. 

This act to be in force from and after i^s passage. 

Ai'pp.ovED ?th Fcbruarv, 1837. 



Ill force, Q7th 
Pub. 1837 



AN ACT Lo loCiite a ^tate roau fioiii Chester to Believrlif. 



Seg. 1. Bi: it aiacled by the People of the Stale of Illinois^ 

represtntcd in the General . Jhsembly^ That James Pollock 

SpSiedT' of Randolph county, John Winstanly of St. C lair coun^ 

view road from ty, and Henry Null of Monroe county, be and they are 

Chester to hereby appointed conimissioners to view, mark, survey, 

" *^' "^ and locate a state road from Chester, in Randolph county, 

vi-a Preston in said county to Belleville in St. Clair coun- 

rr. e 1 tv. Said commissioners shair meet at the to-wn of Ches- 

lime &:. place "-J , r- mi i • » m -ii • • j 

of meeting. tor on the first Monday m April next, or within sixty 
days thereafter, and after being duly sworn by some jus- 

To tre ffwom ^j^^q ^f ^\^q peace faithfully to discharge the duties re- 
quired of them by this act, shall proceed to view, mark, 

Width of .oari survey and locatc Said road four poles wide, taking into 
consideration the public convenience and tlie permanency 
of the road, doing as little injury to private property as 
practicable. 

Sec. % Said commissioners, within thirty days after 

Tomakeiepoit^>'^ving located said road, shall make a report in writing 
to the county commissioners' courts of the respective 
counties througli v»diich the said road shall pass: said re- 

To form a part port shall form a part of the records of said courts; and 

of reccQiis ^]^g g^^^^j road thus laid out shall be a public highway of 
this state; and the county commissioners' courts of each 
county, through which said road may pass, shall cause 

Road to bo y^^ same to be opene-d and kept in repair as state roads 

Op'eilBTl •1.111 ^ 

ai'e rctpirca to be by law. 



ROADS, 307 

Sec. 3. The county commissioners' courts of the sev- Caiuuy com- 
cral counties throue-h which the same may pass, shall '"tjissiojiefs to 

,, ,, • 1 • • 11 allow conipeii- 

allow to the said commissioners a reasonable compensa-g^.^jj 
tion for their services, to be paid out of the county trea- 
suries of the counties through which the said road may 
pass, in proportion to the time empIo3'cd in surveying 
said road in each of said counties. 

This act to be in force from and after its passage. 

Approved 27th February, 1S37. 



AN ACT to relocate part of cevta'in St '.te ron.Js riiei-cin mentioned. j^^ force. &i 

March, is;?? 

Sec. 1. 3^ it enacted by the people of the Slals of Illinois , 
represented in the General Asse rnhly, That John Wren, 
Benjamin Charles, Ransalaer Wells and John Green, of 
Schuyler county, be and they are hereby appointed com- Commissioiterl 
missioners to review, mark, and relocate so much of two ai^)pointed, 
State roads in Schuyler county, v/hich run from Rush- ''^"'f'^'^^'^s- 
ville, in said county, one of which runs from Macomb in 
McDonough county. The other to commence in Han- 
cock county, both of which roads as now located, run from 
Rushville to the middle of the South line Of section twenty 
two, in township three north, of range two west, nearly 
together. Said commissioners arc herebj^ authorised to 
review and relocate that portion of said roads running be- 
tween the points above specified in said county of Schuy- 
ler, and if practicable, to locate the same on the same 
ground, from Rushville to the middle of the south line of 
section twenty-two aforesaid, or so far thereon as a due 
regard to public convenience in the directions of said 
roads may require. 

Sec. 2, Said commissioners shall meet on the first Mon- whenand 
day in May next, or so soon thereafter as practicable, at where to meet, 
Rushville, in Schuyler county, and after being duly sworn 
before some justice of the peace, faithfully to discharge 
the duties required of them by this act, shall proceed to 
review, mark, and relocate said roads, so far as they are 
authorised by the provisions of this act, and as soon as 
practicable thereafter cause to be made out a report of r|,^ ^^^^^j^^ ^^^^^ 
the location of said road, designating the most noted points report nnd re- 
and to designate how far the said two roads above speci- *"'" acopy sf 
fied in the first section of this act, runs upon the same 'Jg°^^^ '^ 
ground, and return a copy of the same to the clerks of the 
county commissioners* court of said county of Schuyler, 



and said road when so relocated and laid out, shall bs and 
When located, is hereb}' declared a state road, and shall be opened and 
declared a i^Qnt in reoair in the same manner as otijcr public roads 

state road r i -i 

are. 

Sec. 3. Said commissioners, or a majority of them, 

shall be authorised to proceed and relocate said roads, as 

. . required by this act, and call to their assistance such other 

Commi siouers t * rjii j- r^i. „-4 

may call to help as may be necessary for the location oi the same, and 
their aid neces- the countv com.missioncrs of Said county shall allow said 
saryheip commissioners and said other hands as they may necessari- 

ly employ to assist them, a sum not excecdinf]j one dollar 
Compensa'ion and futv cents for every day necessarily employed iurelo- 
aiiowed eating s'aid roads, to be paid out of the county treasury of 

said county: Provided: that if said commissioners shall 
locate on said review both of said roads between the 
points above designated in tlic first section of this act, 
then and in that case, so much of the said road from 
Rushville to Macomb, ,and so much of said road from 
Rushville to Commerce as the same are now located, shall 
be deemed, taken to be, and the same are hereby vacated. 
Appkoved 2d March, 1837. 



Proviso 



In force 4th ■^^'^ ACT to relocate ^"tate roads therein named. 

March, 1837 

Skc. 1. Be it cnaclid uy ihe People of the. State of lUinois, 
represented in the General A^seriibly, That Peter Casper 
and Samuel llunsuker, of Union county, and John L. 
Hodge of Alexander county be, and they are hereby ap- 
Cominissioiicrs pointed commissioners to view, mark, and relocate a state 
appointed road, leading from the mouth of the Ohio river, in Alex- 
ander county to Jonesboro"', in Union county. Said com- 
Whcrcand mlssioners shall meet at the town of Jonesboro', on 
when to meet, the first Monday in July next, or as soon thereafter as 
practicable; and after being duly sworn before some jus- 
tice of the peace, faithfully to discharge their duties accor- 
ding to this act, shall proceed to review and relocate said 
road as aforesaid, on the most practicable route, so as to 
pass through the town of Unity. Said commissioners, 
after having reviewed and relocated said road, shall 
Toieport report tbc same to the county commissioners' courts of 
Road to be their respective counties, and said courts shall cause 
kcfpt'hi i^e-' ^^^^^ ^'^''^^^ ^"^ ^^ opened and kept in repair as other Stale 
pair roads are. 

Sec. 2. When said commissioners shall report their 
proceeding<^ to tlic county commissioners' courts as afore- 



ROADS. —SALINE,^. 309 

said, said courts shall allow said commissioners a reasona- 
ble compensation, each county paying in proportion to |^'o!"peiisatiou 
the length of said road in the same. 

Sec. 3. David Ilailman is hereby authorised to raise David Haii- 
and continue his mill dam across Cash river, at the to\yn i»au authorised 
of Unity, in Alexander county, Provided, the same shall cnndnue^his 
not exceed eight feet in height above the surface of the mill dam, not 
water at low watermark. J.° exceed dght 

Sec. 4. The parts of the road leading from Joncsboro' "^ ''''^' 
to the raoQth of the Ohio river, which lies on diiierent 
ground from the relocation here.'n contemplated be, and j^o^^d vacated 
the same is hereby vacated. 

Sec. 5. That John Hicks, of Union county, and •^^"mcs^°'™y[|^^^'^ 
Herald, of Jackson county be, and they are hereby ap- j'Q^J^[g\.^j3j_ 
pointed commissioners to view, mark, and locate a state 
road from John Freeman's ferry, by John Hurst's landing 
on the Mississippi river, to James Herrald's farm, on the 
Jonesboro' road, and shall make duplicate plats tliercof, r^jj^j^e t^iipj;. 
and file one of them Vv'ith the clerk of the county commis- cate plats, 
sioners' court of Union county, and the other in the clerk's ^"'; p'^tto ba 

rn f.\ ^ • • r T 1 J fni iiled III each 

ouice 01 the county commissioners 01 Jackson county. ihe(-o^,ity 
said load when so laid out shall be opened and kept in 
repair as other State roads arc. 

Sec. 6. The county commissioners of said counties 
shall pay said commissioners a reasonable compensation (^'o,„pe,-,sj^ijnf-^^ 
for the tiirie necessarily employed by them in review- and how pai4. 
ing and locating said road, to be paid by said conntio>s, 
for the time so spent in the boundary of the respective 
counties. 

ArPROvsD 4th March, 1837. 



AN ACT for the relief uftlie puichasers of Saline lai)dE, t /- „ i ,- , 

'■ 111 lurce, I bin 

Jan. 1837 

Sec. 1. Bii it enaded by the People of the State of Illinoii; 
represented in tlie General Assembly, That when 'any per- 
son or persons have paid for any lands in and of the Gal- Pei-sons ha' ing 

latin Saline reserve, and the same was received by Tyler P^'/J, '?^" '^"''^ 
TP> TT .,.,,, ' . . r 1 r 1 to r. D. Ilew- 

1'. rlewitt, tnc late conimissioncr oi sales tor and on ac- jtt and the 

count of any of said hands, and has entered the same upon names entered 

the books of his said oflice, and opposite to the description °" ^ooks, 

r 111 1111 1 • 11- • • ■ opnosite the 

01 any sucn lands, and shall not have issued Ins ccrtiticatc tract and certi- 
to the purchaser; the commissioner for the time being ficate issued, 
shall issue his certificate therefor, noon being satisfied ^^°"^'"'^^'°'^f" 

^, ^ . . 1 11 ,■ ^ 1 1 -11 10 issue certih- 

tnat payment has oeen made therefor, as above descrined. cates 
Sec. 2. That to enable the said commifiioner morefullv 



310 SALINES. 

to carry out the objects of the preceding section, he shali 

have power, and it shall be his duty, to notify the adminis- 

Commissioners trator of said T. D. Hcwitt, of any application for a certi- 

povver and duty ficate, and to cause to come before him any witness to 

to issue certifi- y^Ygar, and examine the same, and decide upon the proof, 

cate or reject j . ,, .-^ , • , ,\ i- • . i • 

application. ^'^^ issue the certincate or reject tlie application, as to him 
shall seem to be right. And each applicant shall pay to the 

^^^ said commissioner fifty cents for each certificate so by him 

issued, and also to pay for any other service performed by 
him in any of said matters, at the same rate as arc allowed 
to justices of the peace: And further, that said commis- 

Cominis6ioneissiQ,-,gj.gljjjj} ^^^i^e a special report of his doings in theprc- 

to make a epe- . . . i r ^ i ■> i i i 

ciai report mises as to the amount of land and money and the number 
of certificates issued by him under this act. 
Approved 16th January, 1837. 



in force, 3d AN ACT to authorise the sureties of the late commissioners of the Gallaiiii 
flaarch, 1837 Salino lands, to paj' over certain moneys lealized, to the counties entitled to 

receive the same . 

Sec 1. Be it enacted by the people cf the State of Illinois^ 
Sureties &c of "represented in the General Assembly, That the sureties, exec- 
commissjonors utoi's, or administrators, as the case m;:y be, of the late 
of Gallatin sa- 'j'yigj. | ). Hewctt dcccaScd, late commissioner of the Gallatin 
pay ove"'m(>'^ ^'^•'i'^^ lands, be and they arc hereby fully authorised to 
nies tothecom. pay over to the county commissioners' courts of the scv- 
courts. gj.jj] counties in this State, any and all sums of money ap- 

propriated to said counties, and which have been realized 
for the use of said counties, out of the sales of saline lands 
County com-' by the said commissioner, under the provisions of any for- 
couits'o7%ent ^^^' ^^^ ^^ the Legislature, and which they may have in 
to give receipt, their hands, and the receipt of the authorised agent of the 
said courts respectively, sliall be a sufficient voucher to the 
Money how Said surctics, exccutors, or administrators for the said pay- 
P**"^' ment, and the several amounts due to said counties, 

shall be paid in the Order in which tliey stand in the sever- 
al acts making the appropriations aforesaid. 
Approved 3d, March, 1837. 



. . , AN ACT to. alter and amend "an act relating to the Gallatin Saline, and the 

31 1837 "' ^^"'^^'* belonging to the same, approved January iCth J83G." 

Sec. 1. Be it enacted by the people of the Stale of Illinois, 
represented in the General Assembly^ That so mucli of the 



SCHOOLS, ^HOOL LANDS, AND SCHOOL FUND. 311 

act relating to the Gallatin Salines, and the lands belong- 
ing to the same, approved January IG 1836, as appropri- 
ates five hundred dollars to the county of Randolph, to 
build a bridge across Mary's river, be and the same is ^ , i j 

hereby repealed, and that the same be appropriated as 
Ibllows to wit: the sum of two hundred dollars on the read g;300 on road 
from Kaskaskia to the mouth of theKaskaskia river; one f™'" Kabkas- 
hundred dollars on the continuance of the same road, be- .'^* 
tween the last mentioned point and the mouth of Mary's ^ l^j^^",^"^^^ 
river, and two hundred dollars on the continuance of the |200o'nsame 
same road from the last mentioned point to the mouth of to De Gaug- 
De Gaugmer [Gagnie] creek, the same to be expended under '"'^'^ creek, 
the direction of Seth Allen, John P. McGinnis, and Samuel 
Mansker, or any two of them, the said money to be drawn 3"° ''?,''!!!!!" 
by said commissioners and receipted lor by them, irom skmers. 
the commissioner of sales of the Gallatin saline lands, 
whenev^er it shall by the said act be realized. 
Approved, January 31, iG37, 



AN ziCT relative to section sixteen, townshij) seventeen north, of range nine J, " , Y^^l^^ 
west of the third principal meridian. "■ ' '^' 

Whereas the trustees of section sixteen, in townships ^*^^™ ' 
seventeen north, and range nine west of the third princi- 
pal meridian, with a viev/ to make said section as valua- 
ble as possible, have laid off a part of the same into town 
lots and established a town called and known by the 
name of Phi}adelphia,and a part of said town lots having been 
sold by the school commissioner, and there existing some 
doubt as to the right of the trustees to lay oiT said land 
into lots and streets as aforesaid, therefore 

Sec. 1. Bz it enacted by the People of the State of Illinois, Actsof trusteer 
rcpresertlcd in the General Assembly, Tliat tlie acts of the a">^^ school 
trustees of said township, in laying otf said land into lots l;^'™^,;""^?^^^ 
and streets, and establishing the tov/n as aforesaid, and the teen 17 north 9' 
acts of the school commissioner in selling said lots, are ^^'^fi deciaretr 
hereby declared valid and binding to all intents and pur-^^'^* 
j)oses whatever, and the streets laid out, are hereby de- ^^^^ furthe- 
clared public streets, and the school commissioner is au- powers, 
thorised at any time hereafter to sell the remainder of said 
section sixteen, in town lots or otherwise, as the trustees of 
the township may request. 

Afp3ovei>, February 15th, 1837<r 



313 SCHOOLS, SCHOOL LANDS, AND SCHOOL FU>D. 

In force 4tli AN ACT to amend an act entitled an art to amend an act entiiled "an act to 
March, 1837 provide for the application of the interest of the fund arising from tho sale of 

the school lands belonging to the several townships in this State", approved 1st 

March 1833, approved February 7th, 18:37. 

Sec. 1. Be it enacted by the people of the State of Illinois repre- 
sented in the General Assembly^ That the seventh section 
of the act to which this is an amendment, shall be held to 
Former act e::- cxtcnd to, and embrace every case where any number of 
tended. the inhabitants of any one or more congressional town- 

ships have themselves associated, or may hereafter asso- 
ciate themselves together for the purchase of any quanti- 
ty of land not exceeding ten acres, for the encouragement 
of learning, and the conveyance for such lands shall be 
made to the trustees of school lands in the townships in 
which said land lies, by their corporate name, and shall ])c 
held by said corporation for the use of the persons associa- 
ting themselves together as aforesaid, and their successors 
and assigns forever. 
' Appu.oved, 4th March, l837. 



In force Feb. AN ACT relative to certain scliool lands in the county of Fulton. 

25th, 1837. 

Sec. 1. Be it enacted by the people of the Stale of Illi- 
saie'of school ^'^'"^ represented in the General Assembly, That the division 
lands by the and sale of the school sections of land numbered sixteen, 

school cor 



sioners 
ton rou 



commis- by the. scliool commissioner of the county of Fulton, in 
°j,j " " the years 1834 and 1835, in each of the following town- 
.fatified and sliips to wit: in township six Tiorth, in range three east, in 
confirmed, fi^Q north one east, in three north two east, in five north 
four east, and in six north four east, in said county, be and 
(he same are hereby ratified and confirmed, and shall [be] 
as good and eilectual in law and equity, as though the 
said sales had in all respects been executed agreeably to 
law. 

^ This bill having remained with the council of revision 

ten days, Sundays excepted, and the general assembly be- 
ing in session, it has become a law this 25th dav of Feb- 
ruary 1837. 

A. r. FIELD, 

Secretary of State. 



y SCHOOLS, SCHOOL LANDS, AND SCHOOL FUND. 313 

AN ACT to legalize the sales of Sections sixteen in Townships ten north, of In force, 26lh 
ranges eleven and thirteen west, in Greene county. Feb. 1837 

That Whereas, the School Commissioner of Greene 
county, under the various laws for the sale of sections six- 
teen in each township for the use of schools, did proceed 
to sell sections sixteen in townships ten north, of ranges 
eleven and thirteen west of the third principal meridian 
in said county, without complying strictly with said laws, 
in the petition of the inhabitants and the sub-divisions of 
the said sections: Now therefore, in order to legalize said 
sales, and quiet the titles to all the lands thus sold in said 
sections, 

Sec. 1. Be, it enacted by the People of the State of Illinois, 
repi'esentcd in the General Assembly^ That the sales made by 
the school commissioner of Greene county, of sections six- 
teen in townships ten north of ranges eleven and thirteen 
West of the third principal meridian in said county, are 
hereby declared Viilid to all intents and purposes both in 
law and equity, as fully as if said commissioner had strictly 
conformed to the provisions of the existing laws. 

Sec 2. That this act shall be in force from and after its 
passage. 

This bill having remained with the council of revision 
ten days, (Sunday excepted) and the General Asssembly 
being in session, it has become a law, this 26th February 
1837. ^ 

A, P. FIELD, 
Secretary of State. 



AN ACT to legalize the sale of School lands in Pike countV. In force, 2d 

^ March, 1837 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, * That the sale of all 
the school lands which have been laid out into town lots 
and sold by the school commissioner of Pike county, be 
and the same is hereby legalized, and the sale thereof de- 
clared valid, and the said school commissioner is hereby 
authorized to sell at public sale, any lot or lots, which may 
have reverted to the township or townships by the non- 
performance of the purchasers thereof. 

This act to take effect from and after its passae. 

Approved 2nd March, 1837. 

pa 



314 SCHOOLS, SCHOOL LANDS, AND SCHOOL FUNQ. 

luforce Maicn AN ACT concerning the sixteenth section, in township^ three south, range 
3 1837.' fourteen west of the second principal meridian. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That whenever a ma- 
Ma-oritvof in-io"tj of theinhabitarits of Congressional township num- 
haSnts may "ber three, in range number fourteen west of the_ second 
petition com principal meridian, shall petition the school commissioner 
S-enfofcounty ^"^ agent of the county in which the greater portion of 
the sixteenth section of said township lies, it shall be the 
Duty of com- duty of Said commissioner to sell the same in such sub- 
missioner to divisions, On such tcmis as to credit or cash in hand, and 
sell, and terms, ^^.^^^^j^ ^^^^^ ^■^^^^^. ^^j^j^jj^ ^^^^^ township or at the county 

seat of any county, in which a portion of said sixteenth 

Proceeds how scction may lie, a^ the said petition may request, the pro- 

apphed." ceeds of such sale to be managed, applied and accounted 

for as the law directs, in other sales of sixteenth sections. 

This act to be in force from and after its passage. 

Approved March 3, 1837, 



AN ACT authorizing the School Commissioner of the county of Cook to pay 
In force Jan. i^y^,. t^ ^^^^ Commissioner of the county of Will , her proportion of the School 
31, 1837. runds. 

Sec. 1. Be it enacted by the People of the State of Illinois y 
rpprescnted in the General Assembly, That the Commissioner 
Commissioner of School lands for the county of Will, be authorized to 
ofSchooiiands , demand, sue for and recover from the Commissioner 
iJ'^oretlr of School knds for the county of Cook, all monies, dues 
monies, books, demands, books, papers, or other valuable thing, whicti 
&c. from com- , ^^, ^ j^^ derived from a sale of School lands, which 
SSrSch formerly lay in the county of Cook, but now within the 
may appertain county of Will, and that the receipt of the Commissioner 
to Will county, ^^ ^^^^ county of Will shall be a good and sufficient 
cSptf Therefor, voucher for the Commissioner of the county of Cook. 

This act to be in force from and after its passage. 

Approved 3'st January, 1837. 



In force March .^ ACT to amend tlie several acts In relation to common schools. 

4,1837. ^ 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General .^s^mi/;/, That afl monies which 
may be received into the State Treasury under the pro- 



SCHOOLS, SCHOOL LANDS, AND SCHOOL FUND. 315 

visions of any act of Congress, directing or authorizing 
any partof the revenue of tlie United States tobe deposited 
in the State Treasury, except that which has been ap- 
propriated to purposes of internal improvement, shall be ^J^J'^'^ ^J,°^J'^^, 
added to and form a part of the Common School Fund of fund 
the State, and shall be loaned to the State on the same 
terms upon which the Seminary and School Funds have 
heretofore been loaned. 

Sec. 2. Hereafter the interest accruing upon the School To. be disuibu- 
College and Seminary funds shall be distributed among ted 
the several counties in the State as heretofore required 
by law. 

Sec. 3. The money which may be received from the To be depoe- 
United States as aforesaid, shall be deposited by the ited 
State Treasurer in the State Bank of Illinois, and Bank 
of Illinois in equal amounts, in proportion to the amount 
of stock paid into each bank, subject to such disposition 
as may be made of the same by the General Assem- 

Sec. 4. For the purpose of carrying mto effect tiie 
foregoing provisions of this act, and to establish a system Trustees to givo 
of common schools throughout the State, it shall be the notice 
duties of the trustees of school lands in every township 
in the State, to notify the inhabitants of their respective 
townships, to meet at a time to be appointed by said trus-,„. . .. 

■T' . .ii. •' Time of notice 

tees, at some convenient place ni the said townships, and before election 
to vote for or against becoming incorporated as hereinaf- 
ter provided, for the purpose of establishing and support- 
ing common schools; the notice shall be given by posting 
up at least six advertisements at six of the most public 
places in the township, at least twenty days before the 
day of election; and if there be a newspaper published 
in the township, the notice shall also be published in such 
newspaper for the length of time aforesaid. When the 
election is held, two of the trustees shall act as judges, Trustees to act 
and one as clerk of the same; and all persons residing ^^ j^'^s"^ 
in the township, who, at the time of election, may 
be eligible to vote for representative of the General 
Assembly, shall be permitted to vote; the vote shall be 
taken "viva voce;" each voter shall vote for or against be- 
ing incorporated; and if it shall appear that two thirds pf 
the votes taken are in favor of being incorporated, the 
said trustees shall immediately on the same day, or with- 
in ten days thereafter, open one or more poll books, and 
cause an election to be held for five trustees, residents j^'^^^P^" P°" 
and freeholders within the township, who shall be styled an election to 
"Trustees of Schools," in said township, to superintend beheld 
the business and affairs of the township in relation to ed- 
ucation and schools generally, and they shall be the sue- 



316 SCHOOLS, SCHOOL LANDS, AND SCHOOL FUND. 

cessors of the former trustees of school lands in the town- 
ship. 
T .0.00 . Sec. 5. "Trustees of Schools" in townships shall have 

1 1'listees to •111- 

have perpetual perpetual succession, and by their corporate name have 
succession the right to sue and be sued, plead and be impleaded, 
answer and be ansvi^ered unto, in all courts and places 
where judicial proceeding is or may be had or allowed 5 
and upon the election of trustees as aforesaid, the inhab- 
itants of townships shall be deemed and cjonsidered for 
all the purposes and objects mentioned in this act, incor- 
porated by the name and style of "Trustees of Schools," 
in the township and range according to the numbers 
thereof, and the said corporation shall have perpetual 
succession. 
rj,^ ^ ,. . Sec. 6. The trustees of townships shall immediately 

books & issue a after any election of trustees as aforesaid, deliver the 
Geitificate of poll books of both elections to the school commissioners 
election ^f tj^gij. respective counties, with a certificate signed by 

them, or a majority of theiii, of the election of trustees; 
said poll book and certificate to be filed and preserved by 
the school commissioners. 

Sec. 7. The elections provided for in the fourth sec- 

S^be heid*'"°"' *^°" °^ *^^^ ^^^ ^^y ^^ l^olden at any time after the first 
Monday of July next, and the trustees elected shall con- 
tinue to be trustees for the term of two years, and until 
others are elected; and an election shall be held bienni- 
ally in any township for trustees of schools in said town- 
ships; the place of election and the mode of conducting 
^ the same shall be fixed by the trustees. Trustees of 

schools in townships shall have a general superintendanpe 

7b have super- ^^j] schools kept in the township, they shall have 

intendance of j -i f j i i.- u • -u j 

schools, lay off powcr, Under the rules and regulations herein prescribed, 
districts, &c to lay off their townships in school districts; to call meetings 
of the voters of the township for the purpose of considering 
of, and devising ways and means for promoting the cause 
of education in their township; to make contracts foj;' 
building school houses; to employ teachers when neces- 
sary ; to adopt by-laws, regulating the mode of conducting 
schools, and defining and regulating the duties of all 
officers of the corporation; to purchase libraries for the 
use of schools in their towships; and to provide for the 
protection and safe-keeping of all funds and property of 
the township. 

Sec. 8. The said trustees shall keep a journal of 
To keep a jour- their proceedings, and cause a record to be made and 
"ggj[ '^g^"" P"' kept of all their acts as trustees; they shall hold meetings 
point officers, quarterly, or offcener if necessary: they shall appoint a 
•^c treasurer who shall perfoim the duties of secretary, and 

keep the journal and record of their proceedings; he 



SCHOOLS, SCHOOL LANDS, AND SCHOOL FUND. 317 

shall also receive and pay out all money of the township, 
give all notices of public meetings, act as clerk of such 
meetings, loan the funds of the to\\nship, collect all mo- 
neys due the township, and pay teachers under the direc- 
tions of the trustees, and shall continue to be treasurer 
during the time for which the trustees making the appoint- 
ment were elected. 

Sec. 9. Every treasurer, appointed as aforesaid, shall, Treasurer to 
before entering upon the duties of treasurer, execute a S'^^ ^°^^ 
bond with two or more freeholders as security in a pe- 
nalty sufficient to cover all moneys, which he may receive Condition of 
for the use of the township, conditioned as follows': — bond. 
"The condition of this bond is such, that, if the above 
bound A. B. shall well and truly perform all the duties 
now, or which may at any time hereafter be required of 
him, as treasurer of the trustees of schools in township 

No. , Range No. , in the county of , during 

the time of his continuance in office, and shall, when he 
ceases to be treasurer, deliver over to his successor, 
all moneys, bonds, notes, books, accounts, papers, re- 
cords, vouchers, and all property of every description, 
in his hands, belonging to the said township, or placed 
in his hands for the use of the township, or any school 
therein, then the obligation to be void, otherwise to re- 
main in full force." The security shall be approved of 
by the trustees of the township, and the bond shall be 
filed with the school commissioner ot the county. 

Sec. 10. Whenever the inhabitants of any township 
shall have become incorporated as provided for in the 
foregoing sections of this act, and the treasurer's bond Schoolcommis- 
shall be filed with the school commissioner of the coun-^ioners to pay 
ty, it shall be the duty of the said school commissioner ^o °^ ^"^ ""^"^^ 
pay over to said treasurer all moneys in his hands, be- 
longing to the township, and deliver over all bonds, 
notes, and mortgages taken for money due said township, 
and take a receipt for the same; and such treasurer shall 
have the right, and it is hereby made his duty, to collect 
all monies due the township, as the same becomes due and 
payable, and to loaii and appropriate the same as herein 
directed. 

Sec. 11. Treasurers of townships shall be required to 
provide themselves with two well bound books, one to be Tieasmera to 
called a Cash Book; and the other a Loan Book. They piocme books, 
shall charge themselves in the cash book with all*^*^ 
money received, shall show from whom received and on 
what account, and the credit shall show to whom and on 
what account the money was paid. They shall enter in 
the loan book, the name of any person to whom money is 
loaned; the amount loaned; the date of the loan; the rate 



318 SCHOOLS, SCHOOL LANDS, AND SCHOOL FUND. 

of interest; the time when payable the names of secu- 
rities; or if real estate be taken, the description of the same. 
Books to bo ex- ^^^' ^'^* ^* cvery quarterly meeting of the trustees 
aminedbytms-they shall examine the books and accounts of the treasu- 
t«es rer, and see that they are properly kept; and the funds of 

the township secured as required by this act. The treas- 
urer shall exhibit his books to the said trustees, and all notes, 
mortgages, vouchers and other papers which the trustees 
may desire to examine, touching the situationand manage- 
ment of the funds of the township. 
Funds how Sec. 13, No township funds shall be paid out for any 

paid out purpose whatever, except upon an order of the trustees, 

previously made, 
g Sec. 14. Schedules of schools kept in townships, in- 

returncd corporated under the provisions of this act, shall be return- 

ed to the treasurers of townships, instead of school com- 
missioners of counties. 
Treasurer to Sec. 15. Treasurers of townships shall, during the first 
make abstracts ^qq]^ \y^ f\-^Q nionths of July and January, make abstracts 
from all schedules of schools returned to them, showing the 
name of each teacher; the total number of scholars attend- 
ing each school; and the total number of days taught; to be 
submitted to the trustees of the townships. 

Sec. 16. On the second Mondays in July and January 
of each year, the trustees of schools shall meet at their 
7\iistees to ex- usual place of meeting in the township, and shall ex- 
amine abstracts a^jy^j[^Q the schedules of schools dclivcrd to their treas- 
urer, and also the abstract made by him as aforesaid; and 
after correcting all errors which they may discover, or as- 
certain to exist, if there be any, they shall apportion 
the interest accruing upon the tovi'nship funds among the 
several teachers, in proportion to the number of scholars, 
and number of days taught, and require the treasurer to 
pay the teachers their respective proportions. 

Sec. 17. The apportionment of money shall be equal- 
To make oer- ized in each township by paying to every teacher the 
abstracts" ^^^ same rate of compensation: the trustees shall also make 
a certificate upon the abstract made by the treasurer, 
stating that they have compared the same with the origi- 
nal schedules of teachers, and find the same to be correct, 
that the schedules were made and certitied in due form, 
and the township fund apportioned according to the 
same. 

Sec 18. Treasurers of townships shall deliver the 

Treasurer to abstracts of schools, made and certified as aforesaid, to 

daiiver ab- school commissioners of counties, on or before the third 

fltraots &c Monday of January, annually, and shall receive from said 

school commissioners, annually, for the use of the teachers 



SCHOOLS, SCHOOL LANDS, AND SCHOOL FUND, ^g 

the amount of interest due the township, upon the school, 
college and seminary funds. 

Sec. 19. When the interest, subject to distribution in guipius to be 
any township, shall amount to more than will pay added to towH.. 
the teachers- therein for any year, the surplus shall be^'"P^"""^^ 
added to the township funds, and kept and loaned as 
principal. Inhabitants of townships, who do not become 
incorporated under the provisions of this act, shall be en- 
titled to a distributive share of the interest on the school, 
college, and seminary funds, and to the interest on their 
township funds, as though they were incorporated; but 
the funds of such townships shall remain in the hands of 
school commissioners of counties, and shall be distributed 
upon schedules of schools, kept as heretofore provided 
by law. 

Sec. 20. If any trustee of a school, or trustee of a 
township, or township treasurer, shall make or sign any Signing a sche- 
schedule of a school, or certificate upon a schedule, with ^^^ll°^ T'r^'d 
the intent to defraud any township, or any teacher of a 
school, or with intent to obtain a larger amount of inter- 
est than is legally due any township or any teacher of a 
school therein, such trustee or treasurer shall be liable Liable to in- 
to an indictment for the same, and upon conviction there- ''^'™^"* 
of, shall be fined in a sum not exceeding one thousand 
dollars, or imprisoned a time not exceeding twelve months, 
in the discretion of the court. 

Sec 21. The provisions of the act entitled, "An actS^'"/"'' 

• , • r 1 •, f . 1 1 1 (- 1 11 1 applicable 

providing tor the security of the school lunds, ' approved 
12th February, 1835, shall be considered as applicable to 
township funds, loaned b}' treasurers of townships. 

Sec. 2'3. If any treasurer of a township shall unlaw- punishme of 
fully convert any township, or other school funds, to his tieasuier 
own use, or shall fail to account for and pay over all 
funds which he may have received as treasurer, as re- 
quired by law, he shall be deemed guilty of larceny, and 
upon conviction, shall be fined and imprisoned, as in oth- 
er cases of larceny. 

Sec. 23. The inhabitants of townships may at any Inhabitants 
time become incorporated under the provisions of this j^omed '"*^°'^° 
act, and trustees of schools in townships shall be per- 
sonally responsible for the proper application of the funds 
of the township. 

Sec. 24. In order that every General Assembly of the Trustees to 
State may be in possession of information, showing the make report to 
condition and state of the schools in the State, and the Auditor, 
means of supporting those schools, trustees of schools in 
townships shall make annual reports to the school commis- 
sioners of countiesjshowing the following facts: 



S20 SCHOOLS, SCHOOL LANDS, AND SCHOOL FUND. 

First. The amount of the principal of the tov/nship 
funds on hand at the commencement of the year. 

Second. The amount of interest whicli has accrued on 
said fund, to the time of the report. 

Third. The amount of interest appropriated for the sup- 
port of schools. 

Fourth. The number of schools which have been kept 
in the township, the number of scholars taught, and the 
length of time which each school was continued. 

Fifth. The amount of all interest received from school 
commissioners of counties. 

Sixth. A statement showing the amount of money ex- 
pended for all other purposes, than in paying teachers of 
schools, and the purpose or object to which the same was 
applied; and school commissioners of counties shall make 
Auditor to re- abstracts from said reports, and transmit the same to the 
port to Gener- Auditor of Public Accounts, together with similar abstracts 
al Assembly, from all townships, not incorporated, and the Auditor 
shall lay before each General Assembly, the information 
transmitted to him as aforesaid. 
Sec. 25. The trustees of schools in townships shall once in 
Trustees to'cail every year, call a meeting of the inhabitants of the township 

meetineg of the j • . i .1 • j ,• 1 11 i • 

inhabitants. ^^ Some convenient place therein, and notice shall be given 
of such meeting, as is required in the case of meeting for 
the purpose of becoming incorporated; and at such meet- 
ing the trustees shall submit to the people a statement, 
showing the amount and situation of the township funds, 
and the previous application of interest, showing all the 
facts required to be shown in the annual report to the 
school commissioners of counties; and at such meeting the 
P 1 h • th P^'^P^^ shall have the right, and it is made their duty, to 
light to adopt adopt such resolutions, and prescribe such rules for the con- 
resolution &c. duct of the trustees, and for promoting the cause of educa- 
tion in the township, not inconsistent with^the laws of the 
land, as they may deem proper. 

Sec. 26. No teacher shall be paid out of the school funds?" 
Teachers not to unless he or she shall have obtained a certificate from the 
receive pay. township trustees, of his or her qualifications as a teachenf 
of the branches of learning taught by said teacher. 
ApniovED, March 4, 1837. 



BEAT OF GOVERNMENT. 321 

AN ACT pennaiieiuly to locate the Seat of Government of the State of Illl- j^^ ^^^^^ ^^^ 

nois. , Feb. 1837. 

Sec. 1 . Be it enacted bi/ the people of the State of Illinois 
represented in the General Assanhly^ TJiat the two houses '^^^f^'^'^ggj^""'' 
of the General Assembly shall meet in the Hall of the Representa- 
House of Representatives on the 28th day of February, tives' Hall on 
1837, at ten o'clock, A. M. and then and there proceed by ~8'^ ^'«^- ^^37 
joint vote to select some suitable pointer place for the pojm" (bv Seat 
permanent location of ?!io seat of government for the of Government 
State of Illinois: Provided farther^ that said election shall Pioviso. 
not continue more than one day. 

Sec. 2. Each member shall be at liberty to vote for what- To vote fov 
ever point or place he may choose: and no point or place ^\^^' pouuthey 

1111 1 1 -1 • 1111 • J please, and 

shall be deemed selected until it shall have received a ma- majority to fix 
ity of all the votes given. the point 
Sec. 3. In case no point or place shall receive a major- . 

r- 11 I • If 1 TT II no pf int 

\\.y 01 all the votes given on the nrst vote, the two iTouses on first vote re- 
shall continue to vote until some point or place shall re- ceive a majori- 
ceivesuch mr\.\ov\iy\ Provided that this section shall not be 'yj° ^°"^^""^ 

1 r 1 I Olilig, 

construed to prevent an adjournment irom day to day. 

Sec. 4. When any point or place shall have received Pioviso 
a majority as aforesaid, such point or place shall be and Point receiving 
remain the permanent location of the seat of Government ™|a" emaki the 
for the state of Illinois, from and after the time for which it permanent seat 
is fixed at Vandalia shall have expired, and the eum of fifty ofgovernni»ni 
thousand dollars is hereby appropriated for the purpose offo^i'^^gPjj^g""* 
erecting a state house and other needful buildings (if any) public buiid- 
M^hich shall be expended under the direction of three com-'^es- 
missionerstobeappointedby the present General Assembly: ^-ection of three 
Provided, \h.^t this act shall be null and void unless the sum of tommissioners 
fifty thousand dollars be donated by individuals and secu- Piwiso 
red by bonds, and security to be approved of by the Gov- 
erner and made payable to ihc State treasurer, to become 
due at such times as the Governor shall direct; which 
bonds shall be executed and filed with the State treasurer, 
on or before the first day of May next, and which dona- 
tion is especially designed to meet the appropriation 
herein before made and shall be applied exclusively and 
immediately to that object, and also, unless a sufficient 
quantity of ground not less than two acres, upon Vv^hiclrto 
erect public buildings be donated and conveyed to the 
State without expenses to the State of Illinois. 

Sec. 5. An act entitled "an act permanently to lo- The act perma 
cate the Seat of Government of Illinois,"' approved Feb- "^j" j^e Seatof 
ruary 5th, 1833, is hereby repealed: Provided,, horvev- Government, 
er, that if the General Assembly shall fail to select a ii'Jj,'°]g53^'^.g 
point for the Seat of Governm'nt as provided for in this p^aied, and 
act, then and iu that case this section shall be void and of proviso 

Q2 ^ 



3^2 



SEAT OF GOVERNMENT. 



no effect. This General Assembly reserves the right to 
repeal this act at any time hereafter. 
ArPKovED, 25.th February, 1837. 



In force, Feb. 
3d, 183 7 



AN ACT supplemental to an act to permanently locate ths Scat of Govern- 
racnt of llljuois. 



to convey to 
Government 
the public 
square in 
Springfield 



To build State 
house and oth 



perKi end 
To give bond. 



Sec. 1. Be it enacted by tlie people of the State of Illino-is 
rej')resented in the General Assembly.^ That the county corn- 
Cotinty com'rB missioners' court of Sangamon county is hereby authoris- 
of Sangamon ^^ ^^^ empowered to convey to the Governor of the state 
of Illinois, for the use of the people of said State, all that 
piece or parcel of ground situate, lying and being in the 
town of Springfield, county of Sangamon and State of Illi- 
nois, knovrn as the "public square," containing two and a 
half acres, be the same more or less, upon which piece 
or parcel of ground when conveyed as aforesaid, shall be 
erected a State House and other necessary public build- 
ings for the State of Illinois. Archibald Job, of the Conn- 
er public build- ty of Morgan, A. G. Henry, Thomas Houghan, of Sanga- 
'"P:^"'^. *^°"^'mon county, are hereby appointed commissioners to su- 
pointedtosu- perintcnd the erection of the public buildings aforesaid, 
who, before they enter upon the discharge of their duty 
shall enter into bond to the Governor of this Stale, with 
approved security in <hc penalty of ten thousand dollars 
each, conditioned for the faithful performance of their du- 
ties, and shall severally take an oath, that they v.'ill well 
and truly and diligently discharge all their duties as com- 
missioners to superintend tlie erection of public buildings. 
They shall cause to be erected a building of suitable size 
for a State House, upon the most approved and conveni- 
ent plan and providing the necessary offices and commit- 
tee rooms for public use. Said commissioners shall stipu- 
late for all payments to be made out of the fund appro- 
priated for that purpose and no other, and they shall be al- 
Compcnsatlon jQ-^ygd three dollars per day for their services, out of the 
same fund. 

Skc. 2. If the county commissioners' court of Sanga- 
mon county shall fail to convey the lot of land herein con- 
templated, the said commissioners shall procure a suitable 
and convenient lot of ground for the purposes aforesaid* 
Approved 3d March, lS37, 



Penalty 
Ccuidition 



SHERIFFS.— STATE HOUSE. 323 

AN ACT for the relief of the sheriff of Shelby county. In foi-c«, 21st 

Feb, 1837 

Sec. 1. Beit enacted by the j)eople of the State of Illinois^ 
represented in the General Assembly^ That the sherilfof Shel- 
by county be and he is hereby allowed until the first Mon- Sheriff allowed 

day in September next, to settle with the county commis- ' '"* 

sioners' court of Shelby county for the tax collected for 
and during the year 1830: Provided said sheriff pay over '*° 
to the treasurer cflf the said county on the first Monday in 
March next, all the money that he may at that time have 
collected for the taxes aforesaid. 

This act to take effect from and after its passage. 

Approved, 2Ist February, 1837. 



time to collect 
taxof 



AN ACT for the relief of the sheriff of McDonough county. In force, 4th 

March 1837 

Sec 1. Be it enacted by the people of the State of Illinois 
represented in the General Jissembly, That the sheriff of 
McDonough county be allowed until the first Monday of Sheriff allowed 
June next to collect and pay over the State revenue of j,^^* j'^*^"^*^' 
said county; provided, that all money collected shall be 
paid over on the first Monday of March. 

Approved 4th March, 1837. 



AN ACT to compensate the several persons for labor done, materials furu- rl^u°j*jfo7 
ished, and cash advanced on the new State House. loo/ 

Sec 1. Beit enacted by the people of the State of Illinois ^-^^^^i^^^ 
represented in the General Assembly, That the several sums 
of money hereinafter mentioned be paid to the persons- 
hereinafternamed, out of any money in the treasury not 
otherwise appropriated: that is to say, to James Black for To J. Black 
cash advanced and materials furnished, sixty-three dollars 
and ninety-four cents. To Frederick Leeds for labor, ^-^^^^^^ 
twenty dollars and twenty-five cents. To Ebenezar Capps '^^ '-'^PP* 
for cash advanced and materials furnished, two hundred j, Remann 
and eleven dollars and sixty-two and a half cents; to Frede- 
rick Remann for materials furnished, ten dollars and twen- 
ty-five cents; to Henry Smith for materials furnished, two "•^™"^ 
hundred and twenty-seven dollars and twenty-nine cents; fj, batman 
to Henry Ratman for labor, twenty-eight dollars andtwen- -^ q Greeri- 
ty-five cents; to William C. Greenup, for taking down old up 



S24 



STATE HOUSE.— SU1T«. 



state and bank houses, and digging out the foundation 
of the new state house, three hundred and ten dollars 
C. Awick twelve and a half cents; to Christian x\wick for labor three 
H.Thompson dollars; to Harrison Thompson for shingles, one hundred 
T. A. Gate- and twenty dollars; to Thomas A. Gatewood for work 
done, eighty dollars; to Charles Prentice for cash advan- 
ced and materials furnished, eighty-nine dollars and twen- 
A. &n. L««ty-five cents; to Asahel and Harvey Lee for lumber fur- 
nished and workmanship performed, one thousand seven 
hundred and twenty-three dollars and fifty-live cents; to 
Thomas B. Hickman for flooring, twenty-two dollars; to 
John Taylor and Wm. Hodge for joiner work and forming 
plan, five hundred and thirty dollars; to'John Hall for rock 
and lime furnished, two thousand and fourteen dollars and 
fifty cents; to David B. Waterman & Co. for masonry, 
brick and plastering, three thousand six hundred and fifty- 
five dollars and ninety cents; to James Hankins for dress- 

L Lea '^'^''^"^S ^^^^'9 ^^^^^^7'^^'''® ^o^^^''^' t*^ James T. B. Stapp for 
cash advanced, fifty dollars; to Lemuel Lee for cash 
advanced, fifty dollars; to William Linn for cash advan- 
ced, fifty dollars; to Robert Blackvvell for cash advan- 
ced, fifty dollars; to R. K. McLaughlin for cash advan- 
ced, fifty dollars; to Frederick Remann for cash advan- 
ced, fifty dollars; to William Linn for materials furnished, 
seven hundred and forty-eight dollars and ninety cents; to 
E. Smith ten dollars; to Lt. Freeman for measuring State 
house, ten dollars; to John Davidson for blacksmith work, 
fifteen dollars. 

Sec. 2. The several sums appropriated in the first sec- 
tion of this act shall, when paid, be in full for all materials 
furnished, money advanced, and work and labor done to 

allowance ever and upon Said State house up to this time, and that no fur- 

to bemads to thgf allowance shall ever hereafter be made for the same 
any person , , 

\vht|,tever to any person whatever. 

Approved Hth February, 1837. 



wood 

C. Plenties 



T. B, Hkk- 

man 

J. Taylor & 

W . Hodge 

J.Hall 

D. B. Water, 
man 

J. Hankins 



L. Lea 

Wm. Linn 
R. Blackvvell 
R.K. Mc- 
Zrauglin 
F. Remann 
Wm. fiinn 

E. Smith 
Lt. jFVeeman 
J. Davidson 
When several 
sam» pais! to 
be in full for 
all materials 
and money ad- 
vanced, and 



In force, '27th . ^r Ar-,rr ,,.... , , . 

Feh 1KS7 AJN AC 1 aiitnoriBiiig suits against persons whose names are unknown m cer- 



Feb. 1B37 



Sec. L Be it enacted by the people of the State of Illinois, 
represented in the general nasemhly, That in all cases, w4ien 
obtianTn order ^PP^^*^^^^°^ ^^^ "^^^^ or shall hereafter be made before any 
or doaee circuit court of this State to obtain an order or decree for 
the assignment of dower, or for partition of any real estate 
under the provisions of the act entitled "an act for the 
speedy assignment of dower and partitions of real estate," 
approved on the sixth day of February, one thousand 



SI'ITS. 325 

eight hundred and twenty-seven, and the name or nannes of 
any person or persons interested in the lands or premises 
whereof dower is asked to be assigned, or partitions to 
be made, is, or may be unknown to the party, making the 
application aforesaid, the person or persons whose name 
or names is, or may be unknown as aforesaid, may be ^ 
made parties to such proceedings by the name and des- kliown^made 
cription ofunkno^m proprietor or owners of the premi- paities to suit 
ses,oras the unknov/a heirs of any person who may have 
been interested in the same; but in all cases when persons, 
whose names are unknown are made parties to any pro- 
ceeding the party making the application shall, at the 
time of filing the petition, attach thereto an afiidavit, sta- Tar ly making 
ting that the names of the persons made parties as afore- fii'i'anaffidav'it 
said, are unknown, and process shall issue against such 
persons by the name and description given in the petition, 
and notice of the pendency of the application shall be giv- Notice to be _ 
en to such parties by publication, as is required to be giv- g|^^t^"[j''^' ^'" '" 
en to non-residents by the above recited act, and when 
such notice shall be given, the court shall act in the prem- 
isP!3 as though the parlies so notified had been notified by 
their proper names. 

Sec. 2. In suits or proceedings under the provisions of 
this act, and the act to which this is an amendment, the ^°"''' '° ^*^® 
court shall have power to hear and determine the same,^°j°)y,3j?j„^no 
according to the rights of the parties interested; as fully 
and completely as if all persons interested had been made Proviso 
parties by their proper names: iVotuV/cc/, that during the 
pendency of any such suit or proceeding, any person claim- 
ing to be interested in the premises to be assigned or apar- 
ted may appear and answer the petition, and assert his or 
her rigiits by way of interpleader, and the court shall de- 
cide upon the rights of persons appearing as aforesaid, as 
though they had been made parties in the first instance. 

Sec 3. W in any suit or proceeding under the provisions 
of this act and the act to which this is an amendment, the <'0"rtmay 
court shall order a sale of any lands or premises, and the 1^,1^3 &c, 
pei-son making the sale shall report to the court that no per- 
son has appeared to claim or receive the money belonging 
to any non-resident or person whose name is unknown,the 
court shall thcreupoji require the money belonging to the Money to be 
persons not claiming as aforesaid, to be deposited in the deposited in 
treasury of the State, subject to the further order of the ^'"^^^"''5' 
court, and all money required to be deposited as aforesaid, 
shall be received by the State treasurer, and paid out upon 
the order of the court. 

Sec. 4. When money shall be deposited in the State P",^^"« ^'•'■■' 

, . '. /• 1 • i J i_ "sd to, mav 

treasury under tiie provisions ol this act, the person or i-eteive money, 
persons entitled to the same, may, at any time, apply to &c. 



3'2G SUITS.—TAVERNS, 

the court making the order of sale, and obtain an order 
for the same, upon making fsatisfactorj proof to the court 
of his, or her, or their right thereto; 

Sec. 5. In all suits in chancery, and suits to obtain the 
title to lands heretofore commenced or instituted, or which 
may hereafter be commenced or instituted in any of the 
courts of this State, if there be persons interested in the 
same whose names aie unknown, it shall be lawful to make 
Persons uir such persons parties to such suits or proceedings by the 
knovvn made jjamc and description of persons unknown: or unknown 

parties to suits . , . ' ^ ,i^ , ,' , 

heirs or devisees oi any deceased person who may have 
been interested in the subject matter of the suit previous 
An affidavit to to his or her death: but in all such cases an affidavit shall 
be filed \^Q fjigj \jy the party desiring to make any unknown per- 

son a party, stating that the names of such personsare un- 
known, and process shall be issued against all parties by 
the name and description given as aforesaid, and notices 
Notice to be given by publication as is required in proceeding against 
6'^'^" by P^Ij''" non-residents shall be sufficient to authorise the court to 
hear and determine the suit as though all parties had been 
sued by their proper names. 

Sec. 6. All decrees, orders, judgments, and proceed- 
aeTs'bindi'nff*^ ^^^^ ^^^ ^^ made uudcr the provisions of this act and the 
upon parties act to whicli this is an amendment, shall be as binding 
and conclusive upon the parties and persons interested, as 
though all of such parties and persons had been sued by 
their proper names. 
Commissioners Sec. 7. Commissioners appointed to assign dower or 
may make re make partition of real estate, may make reports to the 
i)oittocoiut court, during the same term at which they were appointed 
and the court may, at such term, make all such orders 
upon such reports as may be necessary to a final disposi- 
tion of the case. 

Approved '27th February, 1837. 



ition. 



Orders and dd- 



In force 10th -^^ ACT to amend the act to license and regulat* taverns, 

February 1837 

Sec. 1. Be it enacted by the people of the State of Illinois,^ 
represented in the General Assembly^ That as much of 
the act regulating taverns, approved February 14th, 1833, 
as makes the selling of cider in any quantity less than 
Xavv repealed two gallons finable, be and the same is hereby repeal- 
ed, and all persons being citizens of this State are hereby 
anthorised to sell any quantity of cider or beer that they 
may think proper. 



TOWNS, TOWN PLOTS, &G, 327 

Sec. 2» This act to take effect and be iu force from and 
after its passage. 

This bill having remained before the council of revi- 
sion ten days, (Sunday excepted) and the general as- 
sembly being in session, it has become a law, this 10th 
day of February, A. D. 1837. A. P. FIELD, 

Secretary of State 



AN ACT to change the name of ihe town of Sclnia, and for other purposes. j„ ff,].Qp gj^ij 

Feb. 1837 

Sec. 1. Be it enacted by the Peo2)le of the State of Illinois, 
repr senledin the General Jlsscmhly, That the name of the Name of town 
town of Sclma, in the county of "Wabash shall be, and it is "f Selmachan- 
hereby changed, and said town shall hereafter be called gj^'j^u i^g (,ailg(j 
and known in law as "Mount Crirmel," and the plat re- Mount Car- 
corded as the plat of the town of Sclma shall be considered "^|^' 
as an addition to the original town of Mount Carmcl, and addition to 
called the river addition to the town of Mount Carmel. Mount Carmei 
AH writings and conveyances, describing lots as situated 
in the river addition to the town of Mount Carmcl shall be 
deemed and considered as referring to the recorded plat 
ofthe town of Selma. 

Sec. 2. A right to establish a ferry across the Wabash Right' to estab- 
river, at or adjacent to lot number thirty-three, in the river ''^"^ ^ ^'"''^tj. 
addition to the town of Mount Carmel, is hereby granted j^am Bell and 
to Hiram Bell and his associates, proprietors of the river his associates 
addition to the town of IMount ("aimel aforesaid, and to 
their heirs and assigns forever; which ferry, when estab- 
lished as aforesaid, shall be kept andregulated in the man- 
ner pointed out by the act entitled "an act to provide for 
the establishment of ferries, toll bridges and turnpike 
roads," passed 12th February, 1827; and said Bell and his 
associates, heirs and assigns, are hereby authorised and em- 
powered to demand and receive from all persons crossing May receive 
said ferry the following rates of ferriage, to wit: for each tolls 
four wheeled loaded wagon, with four horses or more, one ^^^'^soffeE- 
dollar; for same unloaded, seventy-five cents; for each four 
wheeled two horse loaded wnoon, sixty-two and a half 
cents; for same unloaded, forty-tour cents; for each per- 
son and single horse, eighteen and three-fourth cents; for 
each single or led horse, six and one-fourth cents; for each 
foot passenger, sis and one-fourth cents; for each head of 
neat cattle, four cents; for each head of hogs, sheep or 
goats, two cents: for each two wheeled cart or gig and 
driver, thirty-seven and a half cents; for eachsleigh or sled, 



3r28 TOWNS, TOWN PLOTS, &c. 

and one horse and driver, twenty-five cents. . All other 
rates may be regulated by the county comniissionei's 
court. 

Sec 3. That so much of the State road loading from 

Fox river to Mount Carmcl as lies west of Bompas creek, 

on section twenty-two, in township one north, and range 

fourteen west, in Edwards county, be and the same is 

State road a 1- hereby SO altered as to make said road run through the 

teied centre of said section of land from east to west. 

Sec 4. That Kirara Beil and Abner Armstrong are 
Commijsioners^^^^^^y appointed commissioners to view, mark and locate 
appointed to a road upon the nearest and best ground, commencing at 
locate a road ^hc fcrry landing herein above granted, and running 
the roaTfrom thcuce westerly until it shall intersect the road from 
Mount Carmei Mount Cavmel to Lawrenf-cville, or if said commissioners 
should believe it more conducive to the public conveni- 
ence the}' may extend said road from the ferry to some 
street in thejown of Mount Carmel; and said road when 
Tobeopf5iied located shall be opened and kept in repair as State 

and kept in re- roads. 

^^^"^ ArpROVEi>, 21th February, lS37. 



In force, 28ih AN ACT to vacate the sui-C}' and pint of the town of Concord and West 
Feb. 1837 Windsor. 

Skc 1. Be it enadr.d by the people of the State of Illi- 
nois represented in the General Assetnbly, That the proprie- 
Proprictors of tor of the towus of Concord and West Windsor, in the 
tovvn of Con- county of Tutnam, and the owners of lots therein, be and 
YV-^ V^'^. ^^°^^ they are hereby authorised and empowered to alter, change 
change piat'of Or vacatc the survey and plat of said town, provided^ tiic 
Raid town consent of all the proprietors and owners aforesaid shall 
be first had in writing, which shall be acknowledged be- 
fore some justice of the peace of the county and recorded 
in the recoi'der's office of the county of Putnam. 
ArpRovED 28th February, 1837. 



In foice, 3d AN ACT to change the names of cerlahi towns* 

March ]&37. 

Sec. 1. Beit enacted hi/ the p>coph of the State of Illinois, 
Name of town yqjrcscnted in the General Assenxhhj^ That the name of the 
cha^i"cT'^ name of the town of Vienna, in the county of Will, sur- 



i 



TOWNS, TOWN PLOTS, &c. 329 

veyed and laid off on the north east quarter of sectioji. 
numbered two, township numbered thirty-four north, of 
range nine east, of the third principal meridian, be and the 
same is hereby changed to East Bufaloe: Provided however, 
that nothing shall be so construed as to impair the va- 
lidity of any contracts or conveyances made and entered 
into previous to the passage of this act. 

Sec. 2. That the town of New Salem, in the county of New Salem 'i 
Coles, which has been laid off agreeably to law, and a plat changed to 
thereof recorded pursuant to the statute in such cases,shall New Albany 
be and is hereby changed to that of New Albany, by which 
latter name it shall be known and called in all public re- 
cords and documents, and in all legal transactions where 
it shall be necessary to name said towai or place, the ! 

name of New Albany shall be used: Provided hoioevcr, that Proviso 
the change of the name of said town shall in no wise af- 
fect any contracts or conveyances heretofore made or en- 
tered into,or any other legal transactions or business what- 
ever, and this act shall take elfect and be in force from and 
after its passage. 

Approved 3d March, 1837. 



AN ACT to vacate a part of the plat ot'McRubeita' and Walker's addition to i^foice March 
the town of Danville. I ^ 1ft^7 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represejited in the General Assembly, That so much of that 
alley of McRoberfs and Walker's addition to the town of^^^^^^^^^^ of 
Danville as lies between lots numbered four and five, IVLcRobert?&. 
in block numbered two of said addition be and the same is Waiker'saddi- 
hereby vacated. *'°" vacated 

Sec 2. That the east line of said lot numbered four be 
where the westline of said lot numbered five now is. This act de- 

Sec. 3. That this act shall be deemed a public act, and ^^T''' ^ ^"''''' 
be in force from and after its passage. 

Approved 1st March, 1837o 



AN ACT concerning the town of Exeter in Morgan county. n force Jaaua- 

yl9th, 1837 
Seo. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the present pro- 
prietors of the town of Exeter in the county of Morgan, 

R2 ^ 



330 



TOWNS, TOWN PLOTS S,c 



Exeter author- 
ised to lay it 
out anew and 
make a new 
plat or altei 
the old one. 

Proviso. 



Proprietors of are hereby authorised and empowered to alter or lay out 
" anew, said town, and to make a new plat thereof, and 

cause the same to be recorded, or to alter and amend the 
old plat so as to correspond with such alteration in said 
town as the said proprietors thereof may make in pursu- 
ance of this act. Provided That no alterations shall be 
made, and no powers hereby granted, shall be exercised 
by the said proprietors, without first obtaining the consent 
of all individual owners of lots in said town, which con- 
sent shall be in writing, signed by the owners of lots in 
said town respectively, and shall be recorded in the re- 
corder's office of said county, at the expense of the said 
proprietors. 

Sec. 2. This act to take effect from and after its pas- 
sage. 

Approved Jan. 19, 1837. 



In force l9th AN ACT to change the name of the town of Columbia. 

Jan, 1837 ,.., 

Sec. 1. Be il enacted hy the people of the State of Illinois, 
tiKi\owno{Co-'^('P'>'(^^(^'^^^^^ '^''^ ^^^ Genem/ Assembly, That from and after 
lunibia changed the passage of this act, all that part of the county of Put- 
*"''""'"■ nam on which the town of Columbia is situated, and 

which is embraced in the recorded plat thereof, shall here- 
after be known by the name of Lacon; any plat or name 
to the contrary notwithstanding. 
Approved 19th Jan., 1837. 



to Lacon. 



In force Jan. 
19tb, 1837. 



AN ACT to change the name of the town of Liberty. 



The name of 
the town of 



Sec. 1 . Be it enacted by the people of iJie State of Illinois^ 
represented in the General Assembly, That the name of the 
town of Liberty in the county of Tazewell, be and the 
Liberty m^^az-gg^j^g is hereby changed to the name of Dillon, and by that 
to that of Dillon it shall hereafter be called and known. 

Sec 2. This act to take effect and be in force from and 
after its passage. 

Approved, 19th January, 1837. 



TOWNS, TOWN PLOTS. 331 

AN ACT concemingthe town of Mount Vernon, Columbus, Mount Sterling, I„ force 10th 

and Salem. February, 1837 

Sec. 1. Be it enacted by the People of the State of Illinois, Towns of Mt. 
/eprcsented in the General Assembly, that the inhabitants J^^™°'J^'g^J-y_ 
of the town of Mount Vernon in the county of Jetferson, je,-, Cariyie, 
of Columbus in the county of Randolph, Mount Steiling Henderson &c 
in the county of Schuyler, and Salem in Marion county, »"<=°^P°^"^^^^" 
Carlyle in Clinton county, and Liberty in Randolph county, 
and Henderson in Knox county, are hereby authorised and 
empowered to become incorporated in themannerand upon 
the terms prescribedinthe actto incorporate such towns as 
may wish tobecomcincorporated, approved February l2th dumber of in- 
1831, notwithstanding there may not be one hundred and habitants, 
fifty inhabitants in either of said towns, and upon comply- 
ing with the provisions of the act aforesaid, the inhabitants Powerof trus- 
of said towns and the president and trustees thereof when *^^^- 
elected, shall have, exercise, and enjoy all the rights, privi- 
leges, and powers granted and conferred by the act above 
recited. 

Sec. 2. This act to take effect from its passage. 

Approved lOth February, 1837. 



AN ACT relating to the town of Utica in the county of Fulton. p . ^o4^ 

Whereas Ware Long of the county of Fulton, laid out 
the town of Utica, on a tract of land on Copperas creek 
in said county, and v,^hereas in the plat on record in the 
recorder's office in said county of Fulton, there isa mistake 
in the description of the tract of land upon which the said 
town is situated; tiierefoie, ^'.■" ■ 

Sec. 1. Beit enacted by the people of the Stale of Illiiiois.Y' -^"T^ ^''' 
represented in the General Jlssembly, That the said Ware i-ect mistake in 
Long be and he is hereby authorised to correct the mistake map. 
in describing said plat, and the recorder of said county -^ . 
of Fulton, is hereby required to permit said correction to der. 
be made in describing the said plat now on record in iiis of- 
fice, so that the same may conform to the land on which 
the town is actually located, being the south west quarter 
of section eleven, in township six north in range five cast. Deeds hereto- 

Sec. 2. Ail deeds heretofore made and executed for the '^I'e mide to be 
conveyance of lots in said town of Utica, shall be to all ^^'''^'° 
intents and purposes as valid and eliectual in law and 
equity, as though the said tract of land had been correct- 
ly described on said plat, and in said deeds. 

Sec 3. The town of Bloomfield, in the countv of Ful- J^'" f ,^ . 

1 11 ' r. 1 1 11. . , -. Bloomneld to 

on, shall nerealter be knov/n and designated by the name 



332 TOWNS, TOWN PLOTS &c. 

be called By- of Byroii, and the town of Fulton in said county, shall 

ron, town of hereafter be known and designated by the name of Berna- 

Fulton to be J , o J 

called Bema- "Otte. 

dotte. Approved 27th Feb. 1837. 



In fore e March AN ACT concerning the town of Monmouth in Warren county. 

S,1837^ 

Whereas the county commissioners of the county of 
reainbie Warrcn and state of llhnois, surveyed and laid out the 
town of Monmouth in the year 1831, and again they sur- 
veyed said tovi'n in 1834, by running streets and 'making 
additional blocks and lots in said town, and again they 
have run streets through the remaining out-lots in 1830, 
so as to make a greater number of blocks than heretofore; 
therefore, 

■ Sec. 1. Be it enacted by the people of the State of Illi- 
Fowero{coim-nois,represe7ited in the General Assembly^ That the county 

ty commission commissioners of the county of Warren and State of llli- 
cr^ ■ • • 1 

nois, Sitting as a county commissioners court, either at a 

regular term or a special term of said court, shall have 
power, and they as a court may re-number the blocks 
and lots in said tow n of Monmouth, so as to correspond 
p. ^. with the survey of 1836, Provided, The purchasers have 

and obtain a deed for the same quantity of ground and ly- 
ing in the same part of the town sold, although the blqck 
and number of lot may be changed by said survey. 
„ . Sec. 2. The said court shall file and record in their own 

cordandcon- court record, and also, in the recorder's office in the coun- 
vey. ty of Warren said resurvey, after which the court, by their 

commissioner, shall convey the lots as last surveyed, 
"which conveyance shall be as valid to all intents and pur- 
poses as if said town had never been resurveyed. • 

Sec. 3. If the said court have made deeds as a court, 

or, by or through their commissioner to make deeds, have 

conveyed any lot or lots in such town of Monmouth, to 

Legalize con- any person or persons as surveyed and recorded in 1 831 

veyances or 1834, the Same shall be to all intents and purposes as 

good and sufiicicnt as though this law had not passed. 

ApruovED March 2d, 1837o 



TOWNS, TOWN PLOTS, &c. 333 

AN ACT to legalise the survey of the town of Monmouth . i„ f^.^e ]\f arch 

3d,l8 37*. 

Sec. 1. Be it enacted hy the People of the State oj Illinois, 
represented in the General Assembly, That the survey here- 
tofore executed in the year l83(j, of the town of Mon- 
mouth, in the county of Warren, be and the same is here- 
by legalised and established as the proper survey for said 
town, and that all other surveys be and the same are 
hereby vacated. 

Approved 3d March, 1837. 



AN ACT to change the public square in the town of Mount Sterling, In force March 

2,1837. 

Sec. 1. Be it enacted hy the people of the State of Illi- 
nois, represented in the General Assembly, That all the 
ground included in the following boundaries, to wit: lots 
numbered ten and eleven, of block numbered two, in Alex- 
ander [county,] and Ralph H. Hubburt's addition to the ^'^''''^'^"'o 
town of Mount Sterling, in the county of Schuyler, on the '''^^" 
east side and adjoining Main cross street, and extending 
from North street to Washington street, two hundred and 
sixty leet on North and Washington streets, and a lot ly- 
ing on the west side of Main cross street, extending from 
North street two hundred and sixty feet to Washington 
street, and sixty feet on North and Washington streets — 
it being on Ralph H. Hubburt's land and kno\vn as such, 
which said square is two hundred and sixty feet from 
north to south, and two hundred feet from east to west, 
including Main cross street, be and the same is hereby de- Public square 
clared to be a public square, in and for the town of Mt. 
Sterling, in the county of Schuyler, aforesaid; and as such 
is hereby required to be recorded as a part of the plat of 
said town. 

Sec 2. That the public square heretofore laid out in the 
original plat of said town, is hereby vacated, and the same 
is hereby declared to revert to the original proprietor or 
proprietors of said town, provided, that nothing herein con- 
tained shall be so construed as to interfere with private '*^^'^°" 
rights or vested interests in said town without the con- 
Bent of such owner or owners. 

Approved 2d March, 1837, 



334 



TREASURER— WOLVES. 



In force March 
1,1837 



Amount of 
treasurer's 
hond 



AN ACT for increasing tbe penalty of the Treasurer's bond. 

Sec. 1 . Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the penalty of the 
Treasurer's bond shall hereafter be one hundred thousand 
dollars, conditioned as now required by law. 

Approvkd 1st March, 1837. 



In force 2d 
March, 1837 



CoinpengatJoD 
for killing 
wolveg 



How paid 
Proof 

Scalp to be 
produced 



.Oath. 



Clerk to give 
certificate 



Good for taxes 



AN ACT to encourage the killing of wolves. 

Sec. 1. Beit enacted by the people of the State of lllinios, 
represented in the General Assembly, That every person who 
shall take and kill any wolf or wolves in this State, shall 
receive the following bounty, to wit: for each wolf known 
and denominated as the " big wolf, " of six months old 
and upwards, the sum of one dollar; for each wolf of 
the same kind under the age of six months, the sum of fif- 
ty cents; and for each wolf known and denominated the 
prairie wolf of any age, the sum of fifty cents, to be paid 
out of the State treasury on the certificate of the clerk of 
the county commissioners court where such wolf or wolves 
were taken and killed. The person claiming such reward 
shall produce the'scalp or scalps with the ears thereon with- 
in thirty days after the same was taken and killed, to the 
clerk of the county commissioners court within the coun- 
ty where such wolf or wolves were taken and killed; who 
shall administer to the said person the following oath or 
affirmation, viz: "you do solemnly swear or affirm, (as the 
case may be) that the scalp or scalps produced by you, 
were taken from a wolf or wolves killed within this State 
within thirty days past, and that you believe such wolf or 
wolves fi'om which they were taken were over or under 
six months old, and are of a large or small kind," (as the 
case may be.) 

Sec !2. It shall be the duty of the clerk of the county 
commissioners court to grant to such persons as may pro- 
duce the scalp or scalps of wolves, a certificate, stating the 
quantity and quality of them, and the'amount he is entitled 
to receive for the same, and shall immediately destroy the 
scalps so produced. 

Sec. 3. Any person holding a certificate under the pro- 
visions of this act, who shall produce the same to the sher- 
ifT or collector of any state revenue in payment of any 
taxes due the state, suchsherilfor collector shall receive 
the same as, and in lieu of money. 

Sec 4. When any sherilT or collector shall produce a 



WOLVES. 335 

certificate as before directed to the Auditor of Public Ac- ^Aditorto give 
counts, it shall be his duty to give such sheriff or collector "^'^'^ therefor 
credit for the amount thereof. 

Sec. 5. The clerk of the county commissioners' court Clerk's fees 
court shall be entitled to receive from the person applying 
for a certificate as above, the sum of twelve and a half 
cents, as a compensation for each certificate: provided^ in Proviso 
all cases where there are more than one scalp pi-oduccd by 
one person at the same time, the clerk shall include them 
all in the same certificate. 

This act to be in force from and after the first day of 
March next. 

Approved 15th February, 1837. 



RESOLUTIONS 



A RESOLUTION relative tobTttcnn lands of the Kaskaskia rh-er- 

Resolved hu the Senate, (the House of Representatives con- Delogatioi! 
curving herein,) Ihat our Senators in (congress De m- piocure dona- 
structed, and our Representatives requested to use their tiou of lands 
influence to procure the passage of a law making a dona-"" 'kaskaskia. 
tion of every alternate section of land (or fractional part 
thereof) belonging to the United States, lying within the 
immediate bottom lands on either side of the Kaskaskia 
river, from Shelbyvillc in Shelby county, to its confluence 
with the Mississippi river, for the purpose of improving 
the navigation ot said Kaskaskia river, 

Tkansmitted Januahy 6, 1837. 



RESOLUTIONS of a Joint Select Committee on the subject of exemption 
of lands flora taxation, for five yeaia 

Resolved, That our Senators in Congress be instructed. To urge Con- 
and our Representatives be requested to urge upon Con- g^vVxempthig 
gress the expediency and propriety of its consent to the lands from tax ■ 
repeal of the lavt^ exempting lands sold by the government, 
from taxation for five years after the day of sale. 

Resolved, That the governor of the state be requested 
to forward a copy of the foregoing memorial, to be laid 
before each branch of Congress, and that he also send a 
copy of the foregoing resolution to each of our Senators 
and Representatives in Congress. 

Transmitted January 6, 1837. 

S2 



33S 



RESOLUTIONS. 



To piocuie 
other lands i 
lieu of 16th 
sections. 



RESOLLITJON relative to tlie relinquishment ol' the IGtli section. 

Resolved by the House of Rcprcsr.nlaiives, (the Senate con- 
curring herein^ That our Senators in Congress, be in- 
structed, and our Representatives requested, to use their 
influence in procuring the passage ol' a law, authorizing 
the selection of other lands in this state, by quarter sec- 
tions or sections, in lieu of such sixteenth or school sec- 
tions as may be unavailable, for the purposes for which 
they were granted. 

Transmitted January 18, 183T, 



Preamble. 



A JOINT RESOLUTION in relation to the improvement of the V/ abash 
river, and to accept of the terms of a compact between this State and the 
State of Indiana, offered by the said State of Indiana. 

Whereas it has been certified to the Governor of this 
State that the Legislature of the State of Indiana has 
passed and adopted a joint resolution in relation to the 
improvement of the Wabash river,and to authorise a com- 
pact with the State of Illinois, approved the sixth day of 
January, one thousimd eight hundred and thirty-seven, 
which said joint resolution is in the words following, to wit: 
"Whereas, the Legislature of this State, at its last session, 
appropriated the sum of fifty thousand dollais for the pur- 
pose of improving the navigation of the Wabash river be- 
tween its mouth and the town of Vinccnnes; and where- 
as rt is believed that the construction and use of the me- 
chanical structures necessary to this object will require 
the occupancy of both banks of the river, thereby creating 
a necessity for mutual and concurrent jurisdiction and 
control between the two States. -And whereas, the le- 
gislation heretofore had upon this subject by the State of 
Illinois, affords ground for the belief that that State will 
co-operate with Indiann, in making the necessary im- 
provement on this portion of the river: Therefore, 

^^Resolved, hy the General Assembly of the State of In- 
diana, That, for the purpose of accomplishing the object 
herein set forth, and of securing to the citizens of both 
States mutual and equal participation in the benefits re- 
sulting therefrom, it be and is hereby proposed to the Le- 
gislature of the State of Illinois, that an agreement or com. 
pact be entered into between the two States, the terms 
of which shall be as follows: 

^^First. The States of Indiana and Illinois to have per- 
petual, rqual, and concurrent control of whatever im- 



RESOLUTIONS. 33S' 

provements may be made by them on that portion 6i the 
Wabash river, wliich forms the boundai-y line between 
these States, to be exercised through such agents as may 
be appointed by the States respectively. 

'•'Second. To contribute equally in defraying the ex- 
pense of constructing and keeping in repair such improve- 
ments, and the various v/orks connected therewith. 

"TAirrf. The States to share alike in the profits of said 
improvements, derived from the collection of tolls, water 
rents, or other charges. 

^'■Fourth. The tolls or other charges levied oil said im- 
provements, shall be equal and uniform upon the citizens 
of both States, and upon the citizens of the United States. 

''^Fifth. The improvements to be commenced at such 
point or points, as in the present condition of the river 
presents the most serious obstruction to the navigation. 

^'■Resolved, Further, that the acceptance of these term, 
by the State of Illinois, or by any agent of that State, duly 
authorised to act in the premises, shall be considered as a 
consummation of the compact, without any further action 
on the part of this State« 

^'Resolved, Further, that the State Board of Internal im- 
provements be and they are hereby directed to take 
charge of the proposed improvements, on the part of thi^ 
State, and that they be hereby authorised in conjunction 
with such agents as may be appointed on the part of Illi- 
nois, to adopt such plans for the overcoming of the sever- 
al obstructions as to them may appear most conducive to 
the public interest, having regard to the amount of the 
appropriations which have been or may hereafter be 
made by the State. 

" Resolved further, That as soon as the Board of Inter- 
nal improvement may be otHcially advised of the accept- 
ance of the terms herein proposed, by the State of Illinois, 
and of the appropriation by that State, of a sum for the 
improvement of the river, equal to that heretofore appro- 
priated by Indiana, and also of the appointment of an 
agent, or agents, on the part of Illinois, to act with them 
in carrying on the work, they shall thereupon be authori- 
zed, in conjuuction with such agents of the State of Illi- 
nois, to commence the improvement of the. river, at such 
point or points, where they may think the improvement 
most requisite. 

" Resolved, That the Governor be requested to transmit 
a copy of the above joint resolution to the Executive of 
the State of Illinois, with a request that it be laid before 
the Legislature of said State." 

And Whereas, The Legislature of this State is desirous Funhei pie- 
of co-operating with the State of Indiana, in effecting the am^'is 



3iO RKSOLUTION^, 

improveriieiit ul" the navigation oflhal portion of the said 
Wabasli river, which forms the line between the two 
States, and for that purpose, has, at the present session, 
appropriated the sum of one hundred thousand dollars: 
Now tlicrefore, 

Be it Resolved, by the People of the Slate of Illinois^ 

fe*iTri's of Indfa- ^'t^p^'<^sentcd 171 the General Assembly, That the State of llli- 

na for improv- nois hereby accepts of the terms of the compact proposed 

iug Wabash, by and set forth in the above recited joint resolution of 

the General Assembly of the State of Indiana, in relation 

to the improvement of that portion of the Wabash river, 

which forms the boundary line between the two States; 

Teiirts bhidjiis mij tlig gaid compact and terms are hereby declared to be 

binding on the State of Illinois. 

Resolved, f oilier, That the Board of Commissioners of 

Public Works are hereby authorized and required to take 

Comtnissioneis charge of the proposed improvements, on the part of this 

"ouiifechlree^ State; and that they be authorized, in conjunction with the 

oi'impiove- State Board of Internal Improvement of Indiana, or such 

ments. olhcr agent or agents as said State may appoint, to adopt 

In c-onjiinctjon a^i;i(j execute such phms for the over-coming of the several 

Boaid^"to'adopt obstructions in the said river, as to them may appear most 

the necefsary conducive to the public interest; having due regard to an 

plans. equal expenditure of funds on said improvements, by both 

States, and also to the amount of the appropriations which 

have been, or may hereafter be made, by this State. 

Resolved, further, That the Governor be requested to 
Governor to transmit a copy of the above preamble and joint resolu 
onhh're''^oUx tions to the Executive of the State of Indiana, with a re- 
to Executhe or quest to advisc the Board of Internal Improvement of that 
Indiana. State, of the acceptance of the terms aforesaid, by the 

Stale of Illinois; and with the further request to lay this 
joint resolution before the Genera! Assembly of Indiana, 
Approved March 2, 1837. 



REPORTS 



OF THE 



AUBITOIl ANB THEA8UIIE11 



TO THE 



GENERAL ASSEMBLY, 
DECEMBER, 1836. 



AUDITOR'S REPORT. 



State of Illinois, Auditor's Office, ^ 
Vandalicif December 13(h, 1836. . 5 

SiRt— 

In pursuance of law requiring tiie Auditor of Public Ac- 
counts to "make out and ])resent to each regular session of the Gen- 
eral Assembly," a Report, 1 have the honor to submit the enclosed 
statements. No. 1 and 2, shewing the amount of Receipts and Ex- 
penditures at the Treasury from the 30th November 1835, to 30th 
November 1830. 

I have the honor to be 

Very Respectfully, 

Your obedient servant, 

LEVI DAVIS, 
Auditor of Public Accounts. 
To THE Hon'l. the Speaker 

OF the House of REPREsE^TATIVEs. 



342 



AUDITOR'S REPORT. 



[No. 1.] 

Total amount of Receipts and Expenditu7^es at the Treasmj^ from the SOth 
dxiy of November^ 1835,^0 oOth day of November., 1836. 



On what account received. 


Amoun 


t. 


Total . 


Amount remaining' in the Treasury on the 








30th day of November, 1835. 


,$19,316 90 ! 




Amount received from non-residents. 


4,194 


81 




Amount received from sheriffs, 


6,444 


16 




Amount received from sale Yandalia Lots, 


592 


50 




Amount received from sales of Seminary 








Lands, 


4,622 


17 




Amount received from the Revenue Clerks, 


34,131 


38 




Amount received for debts due the old 








State Bank and branches. 


1,053 94 




Amount received from the Trustees of 








James Hall, former Treasurer, 


679 


65 




Amount received fiom sales of Vermilion 








Saline ^Lands, 


3,934 


81 




Amount received from sales of Gallatin 








Saline Lands, 


1,728 


50 




Amount received of bonus due from the 








State Bank of Illinois, 


2,100 00 




Amount received from the Commissioners 








of the School Fund, 


91,073 


24 






169,871 


86 




To this add the amount of redemption 








money received, 


443 


28 




Total amount, 






1 170,3 15 14 


From the above sum deduct the following 








pa}'ments out of the Treasury, viz: 








Amount of Auditor's warrants paid at the 








Treasury from the SOth November 1835, 








to 30th November 1836, 


76,241 


58 




Amoutii of State paper burned during 








same time. 


424 


50 




Amount of money refunded. 


104 


27 




Amount paid interest on loan of ^'100,000 








to 1st July, 1836, 


6,000 00 




Amount of interest allowed on State paper 








received for taxes, 


99 


79 




Amount of funded stock redeemed at the 








Treasury, 


1,416 00 





AUDITOR'S REPORT. 



343 



RECEIPTS AND EXPENDITURES. 



On what account received. 



Amount of Taxes refunded on Lands sold 

for taxes and redeemed, 
Amount of redemption money paid out, 
Leaving a balance in the Treasury on the 
30th day of November, 1836, of 

Redemption Account. 

Amount of redemption money remaining in 
the Treasury on the 30th day of Nov- 
ember, 1835, 
Amount of redemption money received 
from 30th November, 1835, to 30th No- 
vember, 1830, 
From this sum deduct amount of redemp- 
tion money paid out during same time, 
Leaving a balance of redemption money in 
theTreasurv on the 30th day of Novem- 
ber, 1836, of ■' 



Amount. 



8 06 
123 20 



553 59 



443 28 



Total . 



84,417 40 



$'85,897 74 



996 87 
123 20 



S'873 67 



Amount of Auditor'' s Warrants drazvn on the Treasury from the 30/A of 
November^ 1835, to^Oth November, 1836, for the current expenses of 
the State, and charged to the following accounts, viz: 



On what account Jrawn. 



The General Assembly, (Special Session,) 

1835 and 1836, 
The Judiciary, 
The Governor, 
The Secretary of State, 
The Auditor of Public Accounts, 
The Treasurer, 
Circuit Attorneys, 
The Attorney General, 
Special Appropriations, 
Incidental expenses, 
Contingent fund. 
Warden of the Penitentiary, 
Incidental expenses of the Penitentiary, 



Amount , 



14,636 50 


8,489 48 


1,000 00 


1,100 00 


1,394 00 


1,600 00 


980 88 


191 31 


23,623 55 


1,165 13 


7,116 25 


407 21 


500 00 



Total. 



•?A4 



AUDITOR'S REPORT. 



AMOUNT OF WARRANTS 



On what account drawn. 


Amount. 


Total. 


Counties on the Military Tract, 


4,400 00 






Postage, 


329 39 






Tlie Militia, 


550 00 






Interest on funded stock rcdeenned, 


615 03 






Interest on School, College and Seminary 








funds. 


9,G0l 97 






Balance in the Treasury on the 30th day 




77,700 


70 






of November, 183G, 




85,897 


74 


From this sum deduct the following amount 








of outstanding warrants against the 








Treasury on the 30th day of November, 








1836, 


2,734 43 






To which add amount of School fund war- 








rant, 


28,283 80 










31 018 


23 


liCaving a balance in favor of the Treasury 










on the 30th of November, 1830, of 




54^71) 


51 



The following sums become due to the State in March and April next, viz. 



From the Revenue Clerks, 
From Sheriffs, 

Supplemental Statement. 

Amount remaining in the Treasury on the 
30th day of Nov. l8:^6, 

Amount of cash received into the Treasury 
from the 1st to the 3d day of Decem- 
ber, inclusive. 

From this sum deduct amount of war- 
rants paid from 1st to 3d day Decem- 
ber, inclusive. 

Leaving a balance in the hands of John 
Dement, late Treasurer, on the 3d day 
of December, 1836, of 

State or Illinois, Auditor's Office,) 

1,1830. 5 



37,161 


46 


5,368 


75 


85,897 


74 


14720 







42,530 21 



86,044 94 

904 57 

^85,140 37 



Vandalia, December 18th, 

I.EYI DAAIS; Auditor Public Accounts. 



AUDITOR'S REPORT. 345 

[No. ^i.] 

A statement of the amount draicn from the Treasury on account of the 
Contingent Fund, from the 20fh of November, l835, to 30th Novem- 
ber, 1836. 



Waivants. 



To warrants to William Redmond, in full for 
repair done to the State House, 

To warrants to E. Breath, in full for publishing 
Governor's proclamation for a Congression- 
al election, 

To warrants to James S. Beaumont, in full 
for his services as auctioneer for sale of 
stock of Shawneetown Bank, 

To warrants to Brooks & Pettit, in full for 
advertising Governor's proclamation for the 
apprehension of Craig, a fugitive from jus- 
tice. 

To warrants to William E. McKennon, in full 
for his services as a messenger in going to 
Clay county for the returns of census, 

To warrants to Simeon Francis, in full for 
publishing Governor's proclamation for the 
apprehension of N. Payne, a fugitive, fee. 
and for an election for member of Congress, 

To w^arrants to Stout & Johnson, in full for 
a blank book furnished the School Fund 
Commissioners, 

To warrants to John Y. Sawyer, in full for 
Governor's proclamation for the apprehen- 
sion of John Craig, a fugitive from justice. 

To warrants to Shadrock Pcnn, in full for 
publishing Governor's proclamation for the 
apprihcnsioa of N. P;iyn3, a fugitive from 
justice, 

To warrants to Basil B. Craig and Levi Lane, 
in part for their services as messengers to 
demand certain fugitives from justice of the 
Executives of Indiana and Louisiana, 

To warrants to A. S. Mitchell, in full for a 
large map of the United States furnisiied 
the Secretary's office;, 

To Moses Phillips, in full for a table furuislied 
for the Uie of the State, 

T2 



Amount. 



6-47 75 


3 00 


5 00 



3 75 
20 00 

13 50 
3l2 

11 3T 

3 75 

230 00 

12 03 

8 OJ 



346 



ItJDITOR'S REPOIlt 



CONTINGENT FUND. 



Date. 


March 10 


Apri 


1 18 


(i 


(i 


a 


22 


May 


25 


June 


10 


July 


7 


a 


13 


a 


a 


Aug. 


15 


*i 


a 


ii 


19 


« 


ii 



Warrants. 



To warrants to John Y. Sawyer,in full for one 
hundred volumes of the statuses of 1835, 
'36, furnished for the use ol the State, 

To warrants to Richard Beck, in full for ad- 
vertising Governor's proclamation relative 
to the State Bank of lllinois^, 

To warrants to Asahel I-ee, for procuring ma- 
terials for the purpose of repairing the old 
State House, 

To warrants to Basil B. Craig, in part for his 
services as a messenger to Governor of Lou- 
isiana, to demand a certain fugitive from 
justice, 

To wai-rants to Edward Coles, in full for his 
services and expenses in endeavoring to ne- 
gotiate a loan for the Illinois and Michigan 
Canal, 

To w^arrants to tlie estate of John Y. Sawyer, 
in full for two quires of blanks furnished for 
the use of the Secretary's office. 

To warrants to J. Delafield, in full for 550 
forms of blank certificates of Canal Stock, 
and for his services in negotiating the same, 

To warrants to Vv'illiam L. Graves, in full for 
repair done to the public offices. 

To warrants to James S. Jones, in full for 
making out a copy of the Canal Law for the 
use of the Governor, 

To warrants to Lemuel Lee, in full for his 
services in bringing blank certificates of ca- 
nal stock from Chicago to Vandalia, and for 
going as an express to the Governor, 

To warrants to Doolittle and Munson, in full 
for a State seal for the Secretary's office. 

To warrants to Hodge and Shrader, in full for 
advertising Governor's proclamation for the 
apprehension of Martin Harrison, a fugitive 
from justice. 

To warrants to William Elam, in full for 580 [ 
feet of plark furnished for building the State 
House, 



AUDITOR'S REPORT. 



U7 



CONTINGENT FUND. 



Date. 



Warrants. 



(ti a 



Amount. 



To warrants to Waterman, Aladdox, and co. 
in part for laying the foundation of the State 
House, 
To warrants to Hodge and Shrader, in full for 
publishing Governor's proclamation for the 
apprehension of John Caldwell and Henry 
Bracken, fugitives from justice, 
To warrants to Prentice and Weissenger, in 
full for advertising Governor's proclamation 
for apprehension of Martin Harrison and 
John Caldwell, fugitives from justice, 
17 To warrants to Waterman, Maddox and co. 
in part for laying the foundation and brick 
work of state house, 
To warrants to John Hall, in part for 312 
perch of stone for the foundation of the 
state house, 
Oct. 3 To warrants to William C. Greenup, in part for 
his services in taking down the old state and 
bank houses, and digging the foundation of 
the new state house, 
To warrants to A. and H. Lee, in part for car- 
penters work done on the state house. 
To warrants to Thomas B. Hickman, in part 
for carpenters work done on the state house, 
l3 To warrants to James M. Morse, in full for 

plank furnished for the state house, 
15 To warrants to Winslow Pilcher and John De- 
ment, in full for bawling timber for the state 
house, 
To warrants to Waterman^ Maddox, and co. 
in part for laying the brick and stone work 
of the state house. 
To warrants to Hodge and Taylor, in part for 
carpenters work done on the state house, 
17 To warrants to James C. King and Ira Pierce, 
being the reward for the apprehension of 
John Craig, a fugitive from justice, 
To warrants to A. and H. Lee, in part for car 
penters work done on the state house, 
«* 20 I To warrants toEvans,in full for five days servi- 
I ces in hiring masons toworkon thestatehouse 



200 00 

7 00 

3 is 
780 00 
936 00 

SOO 00 

300 00 

48 00 

40 16 

47 50 



500 00 


Q76 32 


200 00 


1000 00 


12 50 



^8 



TREASURER'S REPORT. 



Oct. 28 



a 


28 


ti 


29 


Nov. 


3. 







To warrants to Gatewood and Oliver, in full 
for advertising notice of the sale of stock of 
the Shawneetown bank, and Governor's 
proclamation convening the Legislature, 

To warrants to William C. Greenup, in part 
for taking down the old state and bank hous- 



es. 



To warrants to Wdliam Linn, in part for sash, 
flooring and other plank, purchased at St. 
Louis for the State House, 

To warrants to Harrison Thompson, in part 
for shingles furnished the state house, 

Total amount, 



5 00 


lOo 00 


1150 00 


60 00 



$7116 25 



Statf. of Illinois, Auditor's Office, ^ 

Vandalia, December l3th, 1836.5 
LEVI DAVIS, 

Auditor Public Accounts. 



TREASURER'S REPORT. 

Executive Department of Illinois^ ) 
Vandalia, December 12, 1836. J 
To the Honorable the Speaker of the Senate: 

Sir: — I herewith transmit to the Senate a Report and communica- 
tion from the late Treasurer. 

With great respect, 

Your ob't scrv't. 

JOSEPH DUNCAN. 



S^r: — In consequence of my resignation of the office of Treasurer, 
I herewith transmit to your Excellency my annual report to the Gen- 
eral Assembly. 

I do this as the most proper mode by which the report can, under 
existing circumstances, now be laid before tlie Legislature. Further, 
I think it is proper to inform you, and through you, the Legislature, 
that the balance found to be in the Treasury, on my ceasing to per- 
form the duties of that office, is now deposited in the Vandalia Branch 
of the State Bank of Illinois. 

1 have the honor to be, very respectfully, 
Your most obd't, 

JOHN DEMENT, 
Joseph Duncan, Governor of the State of Illinois. 
Vandalia, 12th December, 1836. 



TREASURER'S REPORT. 



340 



Treasurer's Office, > 
Vandalia, Dec. 1st, 1836. J 

To the Honorable the Speaker- of the Seiiaie: 

Sir: — In conformity with the law, I have the honor to make to the 
General Assembly the following report of all the transactions of this 
office from the 1st December, 1835, to the 30th of November, 1836, 
inclusive, which presents the monthly receipts and disbursements: 
also, an account current from which may be seen on what account the 
receipts and payments have been made, and the balance remaining 
in the Treasury on this day, which is eighty-five thousand, eight hun- 
dred and ninety-seven dollars, seventy-four cents: All of which is res- 
pectfully submitted. 

JOHN DEMENT, Treasurer. 



EEP0R7 of Receipts and payments at the Treasury of the State of llli^. 
nois^from tJte \st December, l835, to SOth November, 1836, inclusive^ 



Receipts. 


Payments. 


1835 


December, 


$5,953 89 


1835 


December, 


,^13,587 92 


1836 


January, 


7,173 50 


1836 


January, 


15,850 31 


u 


February, 


d20 19 


u 


February, 


1,368 47 


ii 


March, 


33,622 67 


u 


March, 


13,240 16 


(( 


April, 


5,914 53 


ii 


April, 


8,830 11 


(( 


May, 


1,448 71 


ii 


May, 


3,662 70 


(; 


June, 


630 71 


(( 


June, 


5,578 42 


V 


July, 


91,874 14 


u 


July, 


510 18 


a 


August, 


3, 17 19 


(( 


August, 


1,712 12 


u 


September, 


107 84 


u 


September, 


397 37 


«> 


October, 


34.5 65 


(( 


October, 


17,767 ^ 


u 


November, 


189 22 


u 


November, 


1,912 49 



$-150,998 24 
To which add bal- 
ance in Treasury, 
Nov. SOth, 1835, 19,316 90 



Total 

Balance in Treasury, 



170,315 14 
84,417 40 



Nov. SOth, 1836, 85.897 74 



84,417 4Q 



150 



TREASURER'S REPORT. 



JOHN DEMENT, STATE TREASURER, IN ACCOUNT WITH 
THE STATE OF H.LINOIS. 



On what account received , 



Amount remaining in the Treasury on. 30th day of No- 
vember, 1835, 
Amount received from non-Residents, 
Amount received from Sheriffs, 
Amount received from the sale of \^andalia lots, 
Amount received from sales of Seminary Lands, 
Amount received from Revenue Clerks, 
Amount received from old State Bank and Branches, 
Amount received from the Trustees of James Hall, late 

Treasurer, 
Amount received from sales of Vermilion Saline Lands, 
Amount received from Gallatin Saline Lands, 
Amount of bonus received from Bank of the State of Il- 
linois, 
Amount received from Commissioners' School Fund, 
Amount of Redemption Money received, 



EXFENDITUKKB. 

Amount of Auditor's Warrants paid at Treasury from 
30th Nov. 1835, to 30th November, 1836, 

Amount of State Paper burnt, 

Amount of money refunded. 

Amount paid interest on loan of S'l 00,000 to 1st July, 
1836, 

Amount of interest allowed on State Paper received for 
Taxes, 

Amount of Funded Stock redeemed of Treasury, 

Amount of Taxes refunded on lands sold and redeemed. 

Amount of Redemption Money paid out, 



Leaving a balance in the Treasury, 30th Nov. 1836, of 
JOHN DEIVJENT, Treasurer. 



Amounts. 



|19,316 90 
4,194 81 
6,414 16 
592 
4,622 17 
34,131 38 
1,053 74 

679 65 
3,934 81 

1,728 50 

2,1 00 00 

91,073 24 

443 28 



170,315 14 



76,241 58 
224 50. 
101 27 

6,000 OO 

99 79 

1,416 00 

8 06 

123 02 



84,417 40 



185,897 74 



INBEX 



page; 



Appropriations— Partial to general assembly 3 

General for the years 1837-38 3 

To Franklin and Jackson counties 10 

To Hamilton and Hancock ll 

To Randolph chaeged 310 

For state house at Vandalia 323 

« " Springfield 321 

AGENTS FOR CANAL LANDS— Elected by the legislature 45 

To give bond and form 46 

Their duties 46 

Their compensation 48 

May be discharged by governor 48 

May be appointed by governor in case of vacancy 49 

APPEALS AND WRITS OF ERROR— An act concerning 12 

In attachments allowed l7 

ATTACHMENTS — Against absconding and concealed debt- 
ors allowed 12 
Oath to be made and by agent or attorney 12 
Justices of the peace may issue writs of 12 
Bond to be given by plaintiff 13 
Form of bond 13 
Justices to hear and determine 16 
Garnishees, proceedings against l5 
vShall make discovery upon oath IG 
Property attached may be retained by plaintiff l6 
When two or more are issued against same defen- 

dent, each creditor to have his proportion 17 

Set otfs when allov/ed ^ l7 
Property levied on, when claimed, right of to be 

tried by jury 1 7 

An act concerning part of repealed 17 

Appeals allowed in 17 

AUDITOR— To contract with State Bank of Illinois 23 

To notify Treasurer 2S 



li INDKX. 



PAGEa 



AUDITOR — To settle with banks quarterly and publish quar- 
terly accounts 24 
To give information to governor 34 
To issue warrants in favor of Franklin .-Uid Jack- 
son counties lO 
Armstrong Wni. — Act for the relief of and others 187 



B 

BANK, State of Illinois — Gdvernor authorized to subscribe 

for stock in 18 
Governor to draw on treasurer payable to 18 
Capital increased l8 
Stock to be subscribed by board of fund com- 
missioners 19 
Additional directors to be elected by general as- 
sembly 20 
Offices of discount and deposit established 2G 
To be fiscal agent of state 2l 
To furnish quarterly and biennial statements 21 
May be examined by general assembly and fund 

commissioners 22 
To receive deposits from ti'easurer and other offi- 
cers of state 23 
To disburse the revenue of state, ^3 
Bank of Illinois at Shawneetown — Capital increased 18 
Authorized to borrow money 17 
Stock to be subscribed by board of fund commis- 
sioners 19 
Additional directors elected by state 20 
Offices of discount and deposit established 20 
To make quarterly and biennial statements 21 
May be examined by general assembly and fund 

commissioners 22 
feonds— Penalty of state treasurer increased 334 
Bridges — Authorized to be built across salt creek, in San- 
gamon county 25 
Supplement to "an act to erect certain bridges" 26 
Authorized to be built across Skillet Fork of Lit- 
tle Wabash river 26 
Authorized to be built across Illinois river in the 

town of Ottawa 28 

Authorized to be built across the little Calumet 29 
Authorized to be built across Skillet Fork in White 

county 30 
Authorized to be built across Kaskaskia river in 

St Clair county 30 



INDEX. iii 

BRIDGES — Authorized to be built over salt creek in Sanga- page 

men county 32 
Authorized tobebuili across Little Wabash river 

at Green's mills 34 
Authorized to be built across Mackinaw river in 

Tazewell county 36 

Authorized to be built across Little Wabash river 38 

Big Creek, declared navigable 167 

Bell Hiram, authorized to establish ferry across Wabash river 327 

Canal lands — Agents elected to take care of 44 

" What to be considered canal lands 4? 

« Act in relation to title of l53 



C 

CANAL, ILLINOIS & MICHIGAN— Board of commissioners 

to be elected of 39 

To be constructed by commissioners 40 
COMMISSIONERS— Board of Fund- 
Stock in state bank of Illinois to be subscribed 

for by 19 
To negotiate a loan 18 
To constitute "Illinois Bank and Internal Im- 
provement stock" 19 
^ Stock in Bank of Illinois at Shawneetown to be 

subscribed for by 19 

May sell and transfer stock SO 

To make deposits in bank 21 

May make examination of banks 22 

To locate a road in Tazewell county 25 

Of the Illinois and Michigan canal to be elected 39 

To give information to agents of canal lands 48 

To cause a survey of canal route to be made 40 

To commence and complete canal 40 

To take oath of office and give bond 44 

May sell canal lands and survey town sites 41 

To pay damages assessed 42 

To cause plats of Ottawa and Chicago to be made 43 

To report to general assembly 40 
Board of appointed by judge to determine damages 

on canal land 41 

To make report within twenty days 41 

Compensation of 43 
To deliver copies of their report to each party 

concerned 43 

Champaign county — Appropriation to 11 

Clay county- — Appropriation to 11 

Former appropriation to, changed 36 

U2 



iT INDEX. 

CIRCUIT COURT JUDGE— To appoint Commissioners to paoe 
form a Board of appraisers of Canal Lands 41 
To direct Commissioners to pay damages 43 
Further powers defined 42 
To hear and determine cases of trespasses on Ca- 
nal Lands 47 
CLERKS COUNTY COMMISSIONERS COURT— Made 

elective 49 
When elected and term of office 49 
Bond to give 49 
Vacancies how filled 49 
Penalty incurred for refusal to deliver over papers 50 
May be removed from office 50 
Act for the relief of, of Franklin 185 
COMMISSIONERS, COUNT Y— May appoint Clerk and coun- 
ty Treasurerin case of vacancy 50 
COUNTIES — Recorders and Clerks offices to be erected in San- 
gamon 1 80 
Sheriif of Warren co. to pay revenue into county 

Treasury 194 

Sheriff of Shelby act for the relief of 323 

Sheriff of McDonough, relief of 323 

Columbia — Name of the town of, changed 330 
Columbus — Inhabitants of the town of, maj become incorporated 331 

Clark J. A.— Act for the relief of 186 

Carruthers G. W. — Act for the relief of l90 

Concord — Plac of the town of, vacated 328 

Danville — Part of McRobert's addition to the town of, vacated 329 
Douglass G. and T. M. Hamilton authorised to convey real estate 157 
Drummond Wm. authorised to build mill dam on Big Muddy l6l 

£1 

Edgar county— Appropriation lo II 
Effingham " Appropriation to 11 
Engineer — To make survey of Canal route 40 
To take oath as to correctness of surveys and esti- 
mates 40 
To make report to board of canal Commissioners 40 
To make monthly estimates of value of work done 44 
Ellington N. — Certain acts of, as justice of the peace legalised 153 
Exeter — Town of, May be laid out anew 

F 

Franklin county — Appropriation made to lO-lV 

« « Act forthe relief of the Clerk of 185 



INDEX. 



Fulton County — Appropriation to ll 

Freeman Lewis— x'Vuthorised to construct mill dam 160 

Free Frank — Name of, changed l75 
Ferries — Hiram Bell and others may establish across Wabash 

river 327 
G 

GENERAL ASSEMBLY— To elect additional directors of * 

Banks 20 

To make examination of Banks 22 

To elect Canal Commissioners. 39 

GOVERNOR— To appoint Bank directors 22 

To commence suit on Treasurer's bond 24 

Authorised to borrow money for canal purposes 43 

To cause an act respecting trespasses on Canal 

Lands to be published 48 

May discharge agents of Canal Land 48 

May appoint canal agent in case of vacancy 49-50 

Gordon John — Authorised to convey real estate l57 

Grand Pier creek — Declared navigable 167 

Good Ezekiel — Act for the relief of the heirs of 180 



H 

Hamilton county — Appropriation to ll 

Hancock " Appropriation to 11 

Harmeson J. — Authorised to convey certain real estate 156 



ILLINOIS AND MICHIGAN CANAL— Commissioners to be 

elected for 39 

To be commenced and completed 40 
INTERNAL IMPROVEMENTS— Act establishing a general 

system of l2l 

Fund Commissioners created under 12 1 

Their duties and compensation l22 

Commissioners of public works created 123 

Their duties and compensation «&c 124 to 152 



Jackson county — Appropriation to 1 1 

Jefiferson " Appropriation to 11 

Justices of the Peace — Acts of certain, legalised 1J8 



y\ INDEX. 

K 

Knox county — Appropriation to 11 

Kirkman G. B. S.-^Act for the relief of 181 



P ANDS — School and Canal, in relation to the title of 163 
Public, extent of possession in case of settlement 

on, defined 154 
Wm. C. Murphey guardian &c. authorised to 

convey certain l56 

Limitations — Act concerning 160 

Lock Wm. — Name of, changed 175 

Ledbetter Asa — Act for the relief of the widow and heirs of 183 

Logsdon John — Act for the relief of, and others 1$8 

Liberty — Name of the town of, changed 330 

M 

McDonough county — Appropriation to ]ll 

11 

u 
ll 

323 
191 

Murphy Wm. C. — ^Authorised to convey certain lands l56 

Minors, orphans, &:c. — Act concerning, amended 1 63 

McKee's creek — Declared navigable 168 

MILL DAMS — Lewis Freeman authorised to construct l60 

John W. Spencer and D. B. Sears « " 161 

Wm. Drummond " " 161 

Luman Wooster and Asher Holmes " '• 163 

John Rees and John Ferguson " " 163 

David Hailman « « 309 

MILITIA — Act concerning, amended 163 

Mt. Vernon — Inhabitants of, may become incorporated S30 

Mt. Sterling " « a 33O 

N 

NAMES— Of James Watson Philley, changed 174 

« Wm. Lock " 175 

« Free Frank " 175 

NOTARIES PUBLIC— Two to be appointed in Chicago 175 

Additional to be appointed in the counties of Mor- 
gan and Green 176 



Macon " 
McClean « 
Montgomery " 
Marion " 
McDonough " 


Appropriation to 
Appropriation to 
Appropriation to 
Appropriation to 
Act for the relief of the sheriff of 


Myot Mary — Act foi 


'the relief of 



INDEX. vii 

PAGE. 

NAVIGABLE STREAMS— Grand Pier declared navigable l67 

Big creek « " 167 

Seven Mile creek ^' " 1G« 

Skillet Fork " « 168 

McKee's Creek « « 168 



Peoria county — Appropriation to 11 

Public Printer — Allowed 40 days to print Journals 179 

Paul Rene — Act for the relief of, and others 190 

Philley Watson James — Name of changed 174 
Paine Mason and Michael Dillow — Act for the relief o fthe 

heirs of l83 

Pearson John — Act for the relief of 187 

Probate Justices of the Peace — To be elected 176 

Process — To bear test in name of Clerk issuing I78 

Certain, in 3d and 5th circuits legalised 179 



R 

REAL ESTATE— Harmcson J. authorised to convey 156 

John Gordon " " •* 157 
G. Douglass and 

T. M. Hamilton " " 157 
Samuel Rogers " " 158 
01 D. L. W. Jones sale of, authorised l59 
REPEALS — Part of an act concerning Saline reserves, appro- 
ved December 19, 1828 11 
Part of an act concerning attachments, approved 

February 12, 1833 17 
20th sect'on of an act "in relation to Auditor and 

Treasurer" 24 

Parts of former acts 44 
Parts of act, "requiring Board of Canal Commis- 
sioners to receive security for the performance 

of contract" 43 

"An act to improve the breed of cattle" 49 
Laws authorising county commissioners to appoint 

Clerk and county Treasurer 50 
JRLELIEF — Acts for the relief and and benefit of infant heirs of 

Ezekiel Good I80 

G. B. S.K irkman 181 

Charles J. Weed 182 

Asa Ledbetter, widow and heirs of 183 

Mason Paine and Michael JDillow, heirs of 183 



Tiii INDEX. 

PAGE. 

RELIEF Franklin county clerk commisioners court of i85 

James Woodside, heir of l85 

J. A. Clark 186 

John Thompson, heirs of 186 
Wm. Armstrong, Benjamin Chesney and William 

Henson 187 

John Pearson 187 

John Logsdon and others 188 

Elizabeth Rice 180 

Rene Paul and others 190 

Geo. W. Carruthers 190 

Mary Myot 191 

Pleasant Shepheard, widow and heirs of 192 

Sheriff of Shel by county 323 

Sheriff of McDonough county 323 

REVENUE — Surplus of the United States received on deposite 193 
To be deposited in State Bank and Bank 

of Illinois 194 
Of Warren county to be paid into county treasury 194 

Sheriffs to pay into county treasuries 194 

Rice Elizabeth — Act for the relief of 189 

RIVERS — Act concerning the improvement of the navigation 

of the Saline 169 

Big Vermilion l7l 

Rees John and J. Ferguson authorised to build mill dam across 

Robinson creek l62 

ROADS— To be located in Tazewell county, 25 

To be located from Hillsboro' to Alton 195 

Peoria to Princeton 1 96 

Clarksville to Pittsfield 197 

Decatur to Bloortiington 197 

Grafton to Spencei's in Green county 198 

Knoxville to Stephenson 199 

Springfield to Peoria 20o 

Springfield to Waynesville 20 1 

Within the town of Bloomington, vacated 201 
To be located from Peoria to Galena, via Oseola 202 

Beardstown to Mount Sterling 203 

Springfield to Lewiston 203 

Meredocia to Quincy 204 

Pekin to Springfield 205 

Wesley city to Mackinaw town 205 

Thornton to Lockport and other place« 206 

Pinckneyville to Golconda 207 

In McDonough county 308 

From Darv(^in to State line 209 

Ottawa to Ownes' 210 

Gilead to Rushville, changed 9\ 1-21 J 



INDEX. ^ 

ROADS-(continued.) '^^=- 

Nashville to Equality, located *|' 

Jacksonville to Springfield altered 212 

Danville to Ottawa, established 'Jl^ 

Joh n Orender's to Elijah Nelson's 214 

Springfield to Alton, part vacated ^j^ 

Waterloo to Nashville located ;J}^ 

Springfield to Ottawa parts of, changed ^lO 

Springfield to Decatur « " 217 

Shelbyville to Danville located ^J^ 

. Indiana line in a direction to Mineral Point ^1^ 

Carlinville to Greenville ^^V 

Vandalia to Alton ^^^ 
Bon Pas Bridge to Bedell's Mill, act to locate con- 

tinued in force _ * ' 

Albion to Maysville ^ *?? 

William Crow's to Jacksonville ^^^ 

Carrollton to Fayette, declared a State road 2^ 

Jacksonville to Alton, " ^^ 

Newton to Decatur, located ^** 

Meacham's Ferry to Carlinville ^^^ 

Pekin to Paris l*^ 

Cleaveland to Versailles JJ' 

Paris to Decatur ^*^ 

Ottawa to Napervillc **^ 

Shawneetown to Equality 229 
Danville to Decatur . f^ 
Enterprise to Knoxville j oQc, 
Covington to Pinckneyville, declared State road ^dJ. 

Carlyle to Belleville " " 232 

Mississippi to Macomb, located -^J* 

Lebanon to Wiggins' ferry, relocated 23^ 

Charleston to Paris located ^^ 

Peoria to Knoxville " ^^^ 

Macomb to Mississippi river f^ 

Galena to Beardstown ^^^ 

Certain, in Edgar county located ^37 

Darwin to New Richmond ^3» 

Griggsville to Joshua Hanks ^j^JJ 

Princeton to Paw Paw Grove ^4J> 

Salem to Chester ^ 

Certain in Coles county vacated ^i 

Peoria to Quincy located ^1 

Certain in Edgar county declared state road ^^ 

York to New Richmond located ^5 

Rushville to Commerce, part of vacated ^4^ 

Shelbyville to county line of Fayette located ^4 

Naples to Centreville **^ 

Shokokon to Rushville ^^ 

Shelbyville to the Wabash ^*' 



X INDEX. 

ROADS — (continued.) page. 

State line of Indiana to Springfield '•248 

Chester to Waterloo 248 

Warsaw to Peoria 249 

Utica to Farmington 251 

Atlas to south line of Adams county 251 

Henepin via Pekin to Springfield 352 

Ottawa to Grandatour . 254 

Greenville to Sangamon part of re-located 255 

Stephenson to Peoria 250 

Quincj to Philips' Ferry 257 

Marshall to Charleston , . 258 

Carlinville to Jacksonville 258 

Peoria to Indiana state line 259 

Shawneetown to Golcqnda 259 

Danville to New Castle 260 

Gilead to Rushville 26l 

Henderson to Morristown 261 

Peoria to Knoxville 262 

Charleston to Springfield 263. 

Shelbyville to Urbana, &.C. 263 

Fairfield to Monmouth , 264 

Frankfort to Vienna, &c. ■ 265 

Shawneetown to Gill's Ferry 266 

Peoria to Hendersonviile - 267 

Washington to Columbia 268 

Equality to Vienna 2G8. 

Liberty to Tremont 269 

Meacham's Grove to Galena 270 

Decatur to Carlinville 270 

Anderson's Bridge to B. Johnson's 271 

Meredocia to Warsaw 272.. 

Galena to Chicago 273 

Public act concerning amended 274 

Palestine to Shelbyville 277 

Vandalia to Springfield 277 

Vincennes to Chicago 279 

Jacksonville to Syracuse and Bloomingtoh 280 

Charleston to Paris 281 

Marshall to Grandview 282 

Ellisville to Macomb 283 

Stephenson to Pickatonneka 28S 

Indiana state line to Ottawa 285 

Pinckney ville to Lively's Ferry 286 

Commerce to Farmington 287 

Pekin to Jacksonville, &c. 287 

Ottawa north to the state line 289 

Windsor to Bloomington 290 

Grandview to N. Wayne's 291 



INDEX. 3^i 

ROADS — (continued.) pags. 

Grafton to Wood river * ,292 

Hardy Foster's to Shelby ville 293 

Wesley city to Bloomington ^ 294 

Frankfort to Jonesboro' * 295 

M'Leansboro' to Golconda 296 

Springfield to Shelbyville 297 

Opposite Burlington to Farniington 298 

White Hall to Pittsfield 300 

White Hall to Fayette, (Sec. 301 

Liberty to Pinckneyville 302 
Peoria & Ottawa road to Vincennes & Chicago 

road 302 
Jacksonville & Greenville road to Edwardsville 

road 303 

Springfield to Decatur 304 

Shawneetown to Chicago 305 

Chester to Belleville 306 

Concerning certain in Schuyler county 307 

From the mouth of the Ohio to Jonesboro' 308 

Freeman's Ferrj to James Herrald's 309 

French creek bridge to Bon Pas creek,Grayson's mill, xv 

Hennepin to Mississippi river near mouth Rock river, xv 

From Milan's to intersection of Hennepin road, xvi 

SHERIFFS^— Liability of for failure to execute process respect- 
ing canal lands 47 
Of Warren county to pay revenue into county 

treasury 194 

To settle with county commissioners at June term 195 

Of Shelby county, act for the relief of 323 

McDonough " " 323 

Schuyler county — Appropriation to ll 

^elma — Name of the town of changed 327 

Salem — Inhabitants of may become incorporated 331 

Spencer John W & D B Sears authorized to erect mill dam across 

Rock Island slough 161 
Sheapheard Pleasant act for the relief of the heirs of 192 
SCHOOL Lands — Act in relation to the title of 153 
Acts of the Trustees of in township 17 N 9 W le- 
galized in relation to the town of Philadelphia 311 
In Fulton county 3l2 
Sales of in Green county legalized 3l3 
« Pike " 3l3 
In township 33 N 14 W 314 
Sangamon county — Recorders and Clerk's offices to be erected in 180 
iSeat of Government — Permanently located 32j 

W2 



xii INDEX. 

PAGE. 

Saline River — Concerning the improvement of the navigation of 169 

Skillet Fork — Declared navigable 168 

Seven Mile creek — Declared navigable 168 
SALINE Lx\NDS — Duplicate certificates for may be issued in 

certain cases 309 
Late commissioners' administrators authorized to 

pay monies to counties entitled to the same 3l0 

Appropriation from to Randolph co., changed 31 

SCHOOL FUND — Act concerning the interest of, extended 3l2 
School commissioner of Cook county to pay over 

to Will county 3 14 

Part of surplus revenue to be added to 314 

To be loaned to state 3l5 

Interest on to be distributed to counties 315 

SCHOOLS — Inhabitants of townships may become incorporated 

for the purpose 3l5 

Trustees of, to be elected 315 

Their duties, &c. 316&317 

Shelby County — Act for the relief of the sheriff of 323 

Suits — Against unknown persons, authorized in certain cases 324 



T 

TREASURER OF STATE— To make deposits in branch of 

state bank of Illinois 23 

To countersign warrants 23 

To receive certificates of deposit in bank 23 

To make monthly returns to auditor 23 

To pay money on draft of Governor 18 

To receive surplus revenue of U. States 193 

Penalty in bond of increased 334 
Treasurer of Board of canal commissioners — To give additional 

bond 44 

Trespassers on canal land — Liability 'of 46 

TREASURERS OF COUNTY— Made elective 49 

When elected 49 

To give bond and take oath of office 49 

Vacancy hovi^ filled 49 

Penalty for refusing to deliver papers 50 

May be removed from office 50 

Taverns — Act to license and regulate amended 326 

Thompson John — Act for the relief of the heirs of 186 

Town Lots — Act authorising the administrators of James M. 

Wells to convey certain 155 
TOWNS — Bloomington state roads lying within the limits of, va- 
cated 201 
Selma name of, changed 327 
Concord and West Windsor plat of, vacated 328 



INDEX. x"i 

fOWNS~(coiitinued.) '^«J 

Vienna in Will county name of, changed ^i» 

McRobert's and Walker's addition to Danville part 

vacated |29 

Exeter, in Morgan co. may be laid out anew ^30 

Columbia name of, changed 3^0 

Liberty " " 330 

Mt. Vernon inhabitants may become incorporated 331 
Columbus « " " 331 

f;S^-^-s ;: ;; ;: i 

Salem ^ r i. 

Utica mistake in the record of the plat of, may be 

corrected 

Monmouth block and lots in, to be numbered 332 

Monmouth survey of, legalised 3-^4: 

Mt. Sterling public square in, changed --^^^ 



Vermilion River— Act to improve the navigation of the in 

Volunteer companies— Act to encourage 10^. 

Vienna— Name of the town of, changed <5^« 



Warrants Auditor's— Made payable at State Bank of Illinois or _ 

Branches '*'^ 

Vv'abash county— Appropriation to J| 
Warren '* Appropriation to n 

•\Y[\l " Appropriation to 1 1 

Wooster, Lyman and A. Holmes— Authorised to build mill dam _ 

across Kankakee ^^^ 

Weed Charles J.— Act for the relief of }^ 

Wolves— Act to encourage the killing of ^'^ 



ROADy. XV 



[The following Laws were accidentally omitted from their pro- 
per place in the preceding pages,] 



AN ACT to locate a certain State road. jn fome. 7th 

Februar'y 1837 
Sec. 1. Beit enacted hy the People of the State of Illinois, rep- 
resented in the General Assembly, That David Thompson, El- C°'"!"'«si°nsi:s 
liot Kinney ,George Webb and John Taylor are hereby ap-^^^*°""^ 
pointed commissioners to view, mark and locate a road Duty, 
from French creek bridge, in White county, to a point on 
Bon Pas creek, near Grayson's mill, where the road lead- 
ing from Mount Carmel in Wabash county to Graysville in 
White county, stops. Said commissioners or a majority of -^yj^gj^ ^^^ 
them shall meet at French creek bridge on the first Mon- where to meet. 
day in April next, or as soon thereafter as may be practicable 
or convenient for them, and after being sworn before some 
justice of the peace impartially and faithfully to locate said To be sworn. 
road, shall proceed to lay out the same, on the most advan- ^^^^' 
t^geous ground for a permanent road, taking into consid- 
eration tlie situation of the country, and the public conve- p^j 
riience: the said commissioners shall, as soon as may be, 
make and cause true maps and surveys of said road, signed 
by themselves, to be lodged in the county commissioners' To make report 
courts, through 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 To be deemed 
State roads are. a state lo&d. 

This act to be in force from and after its passage. 

Approved 7th February, 1837. 



AN ACT to locate certain State roads therein named, in force Feb. 

28th, 1837. 

Sec. 1. Be it enacted hy the People of the State of Illinois, commissioner' 
represented in the General Assembly, That John GriflSn of to locate road. 
Putnam county, and Alfred Buel and William Coleman, jr. 
of Henry county, be and they are hereby appointed com- 
missioners to view, mark, and locate a state road from 
Hennepin, via Windsor, Providence, and French Grove 
in Putnam county, Sha-ba-nee's Grove and the town of La 
Grange in Henry county, to some point on the Mississippi 
river, at or near the mouth of Rock river, by the nearest 



xvi ROA.DS. 

and most eligible route, having in view the highest and 
most suitable ground for the location thereof. 
When and Sec. 2. The Said commissioners, or a majority of them, 

where to meet shall meet at Hennepin on the first Monday of May next, or 
vrithin six months thereafter, and after being duly sworn. 
To be sworn, ^j some justice of the peace faithfully to observe the pro- 
Oath, visions of this act, shall proceed to lay out said road as 
Duty. ^ jg directed in the preceding section, and the said Commis- 
sioners shall, as soon as convenient, cause to be filed with 
each of the clerks of the county commissioners' courts of 
Putnam, Henry and Rock Island counties, a report and 
■ map of said road, which report and map shall be preserv- 
ed, and shall form a part of the records of said court. 

Sec. 3. The said road when laid out as aforesaid, shall 

To be deemed be deemed and considered a State road, and shall be open- 

a state road, g^ j^^j. jggg ii^^^-^ sixty feet wide,and marked out and kept in 

repair as other state roads are; and each county through 

which said road shall pass shall bear her proportional part 

of the expense, according to the time necessarily employed 

Expenses how ^^ gj^- j ^.q^^^j through the same, to be allowed by the county 

commissioners' court of each county. 

Sec. 4. That Charles Oakley, of Tazewell county, T. 
Commissioners gaker of Henry county, and Henry McNeib, are in like 

appointed to , , •' • , i • • .. • i 

view road from rn^i'^^^Gi" hereby appomted commissioners to view, mark, 
Milan's in and locate a State road from Milan's, in Rock Island coun- 
Rock Island ty, via Sugar tree point in said county and Morristown 
counyvia o .^ Henry county, thence in a north-easterly direction till 
Whenand it intersects the aforesaid road. They shall meet in the 
where to meet town of Milan on the first day of July next, or within 
To be worn three months thereafter, and after being duly sworn by 
Oath ' some justice of the peace faithfully to perform the duties 

j)iiti.', imposed upon them by this act, shall proceed to view, 

mark, and locate said road from point to point, having in 
view the most suitable ground for the location thereof,and 
doing as little injury to private property as practicable, 
and in all other respects be governed by the preceding sec- 
tions of this act: And they shall receive the same rate of 
compensation as the first named commissioners may be 
allowed by the county commissioners' court of ^he coun- 
Comrensation ^.^^ through which said road shall pass ; and said road, 
when so laid out, and a report and map thereof in writing 
filed in said courts, shall be deemed in like manner to be , 
a public road, and shall be opened and kept in repair as 
Stt'ad. Other state roads are. 

Apfroved 2>^th February, 1837, 



State of Illinois, > 
Department of State. \ 

I, Alexander P. Field, Secretary of State, of the State of Illinois, do 
hereby certify that the foregoing printed sheets, contain true copies 
of the enrolled laws deposited in this office. 

In zvitness whereof 1 have hereunto signed my name, at Vandalia, 
the 10th day of May, A. D. 1837. 

A. P. FIELD, Secretary of State,