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Full text of "Laws of the State of Illinois"

V 



Digitized by the Internet Archive 

in 2010 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 






http://www.archive.org/details/lawsofstateofilgll1855illi 



LAWS 



OF 



THE STATE OF ILLINOIS 



PASSED BY THE 



NINETEENTH GENERAL ASSEMBLY, 



CONVENED JANUARY 1, 1855. 



SPRINGFIELD: 

LANPHIER & WALKER, PRINTERS. 

1855. 



PUBLIC LAWS. 



AN ACT for the suppression of intemperance, and to amend chapter 30 
of the Revised S atutes. 

Section 1. Be it enacted by the people of the state of SaXe of mtoxica- 

, ... . . , . ., J-. , , ,. rr,, *' tillgllquurs pro- 

Illinois, represented in the u-enerat ^assembly, I hat no hiwted. 
person -.'mi!, at any time or place, within this state, manu- 
facture or sell, or shall, at any store, grocery, tavern or 
plac - of trade, entertainment or public resort, or raiiroad 
or Ci.ial, or in any of tiie appurtenances or dependencies 
of any such place, give away, contrary to the provisions of 
this act, by himself, his servant or agent, directly or indi- 
rect •>, any spiritous or intoxicating liquor, or any mixed 
liquor, of which a part is spiritous or intoxicating, except 
as hereinafter provided; and ale, porter, hger beer, cider, 
and ail wines, are included among intoxicating liquors with- 
in the meaning of this act. 

§ '2. Nothing contained in this act shall be construed Not to extend t» 
.to for ud the making of cider from apples, or wine from manufactured?*! 
gran is, currants or other fruit grown or gathered by the tnestate - • 
manufacturer, in this state, or the selling of such cider or 
wine, in quantities not less than one gallon, if made in this 
stat- . by the maker tiiereof; nor shall anything herein pro- 
hibit the brewing of ale, porter or lager beer, if manufac- 
tured in this state, and exported and sold in not less quan- 
tities than thirty gallons, without the limits of the same j 
and the person or persons manufacturing or selling such 
ale, porter or lager beer shall have first given bond as re- 
quired by the third section of. this act of persons engaged 
in t'i manufacture of alcohol or high wines ; and any other 
maim acture or sale of such wine, cider, ale, porter or la- 
ger beer shall be deemed an unlawful [sale] within the 
meaning of this act. 

§ ■ >. Mq thing in this act shall be construed to forbid Not to extend t<» 
the s le* by the importer tiiereof, of foreign spiritous or in- '"l^'n not'soiT™ 
toxic iting liquors, imported under the authority of the laws than 30 "gaiiora! 
of the Uii.ted States regarding the importation of such 
liquo., and in accordance with said laws: Provided, that Proviso. 



11 






1855. 4 

the said liquor, at the time of sale by said importer, re- 
mains in the original casks or packages in which it was by 
him imported, and in quantities in which the laws of the 
United States require such liquor to be imported, and is 
sold by him in said casks or packages, and in said quanti- 
ties only ; and the custom house certificate of importation, 
and proof of marks on the casks or packages in which such- 
liquor is contained, corresponding thereto, shall not be re- 
ceived as evidence that the liquor contained in such pack- 
proviao. ages is that actually imported therein : Provided, that no- 

thin^ in this act contained shall be construed to prevent 
the manufacture of alcohol and high wines, if not adapted 
to use as a beverage, provided the same be exported out 
of this state in quantities not iess than thirty gallons. No 
license shall be required to manufacture such liquor for 
exportation and sale as aforesaid, but such manufacturer 
shall be required to give bond, as provided in case of other 
manufacturers, so far as applicable. 
License when and § 4. The county court of any county, or in counties 
edtoManumc- having township organization, tiie board of supervisors 
lure™. may, by certificate.; signed by two-thirds of the juoges, or 

by two-thirds of the boards of supervisors, give all persons 
who shall, in writing, apply to them therefor, authority to 
manufacture, at such places only within said county as said 
court or board of supervisors shall, in said certificate, des- 
ignate, spiritous or intoxicating liquors, and to sell the same 
in those places only, to duly authorized agents of cities, 
towns and counties in this state; but such authority shall 
not continue, in any case, longer than one year from the 
date of the certificate in that case given, and may b; j at any 
time revoked by said court or board of supervisors; 
Licensed persons and no person shali receive such a certificate, or exercise 
togiveboad. gllc h authority, until he shali have executed and delivered 
to the treasurer of said county a bond, with at least two 
good and sufficient sureties, in a stun not less than one 
thousand dollars nor more than ten thousand dollars, as said 
county court or board of supervisors shall require, condi- 
tioned that he will not, at any time during the year next 
following the date of his said certificate, infringe in any 
manner or degree any provision of this or any law of this 
state touching the manufacture or sale of spiritous or in- 
toxicating liquors. If any person so authorized and bound 
shall break the condition of such bond, said bond shall 
forthwith be put in suit; his said certificate and authority 
shall instantly become void, and he shali not thereafter be 
permitted to manufacture or sell any spiritous or intoxica- 
ting liquor, and pliail moreover be subject to ail the penal- 
tie? herein provided against the manufacture, sale c v giv- 
ing away spiritous or intoxicating liquors contrary to the 
provisions of this act. The county court or board of su- 



5 1855. 

pervisors shall not have the .power to grant such authority 
to manufacture liquor for the purpose aforesaHd, within the 
limits of any incorporated town or city in this state; but 
such authority may be granted and certificates issued by 
the common council of said city or the president e<od trus- 
tees of said town, in the manner arid upon thf j conditions 
abo^ specified as applicable to the county court or board 
of supervisors, and the bond required shall be made paya- 
ble to the treasurer of said town or eity. 

5 5 The mavor and aldermen of anv city m^y, within Licens e to sev, 

•» . • ...7.7 when and br 

such city, the president and trustees ot any i:> orporated whom granted. 
town may, within such town, the ooard of sup rvisors, in 
counties having township organization, may, within town- 
ships not within a city or incorporated town, and in coun- 
ties not having township organization, the counrv court 
may, in any precinct without the limits of any incorpora- 
ted town or city, as hereinafter provided, at any meeting 
of their board, court or body, duly convened, upon reason- 
able notice to every member thereof, appoint some suita- 
ble person or persons as agent or agents of said city, town 
or county, for the purchase of spiritous and intoxicating 
liquors, and for the sale thereof within such city, town, 
township or prpcinct, for sacramental, medicinal, chemical 
and mechanical uses only ; which such agents may be re- 
moved and others appointed in their stead, at pleasure, by 
the body appointing, or their successors in office, or a ma- 
jority of them; but no more than one agent shall be appoint- 
ed in any town, township or precinct containing less than 
two thousand inhabitants, and not more than two in any in- 
corporated towm, city, township or precinct containing 
less than ten thousand inhabitants, and not. more than three 
such age-its in any city, except the city of Chicago, and not 
more than five such agents shall be in office at the same 
time in the said city of Chicago. The county court of the County court. 
counties which have not adopted the township organization, 
at any regular meeting of the court for the transaction of 
county business may, in their discretion, upon the petition 
of a majority of the legal voters of any precinct, not being 
an incorporated town or city of the state, or in the limits 
thereof, appoint one such agent for said precinct. No inn- 
keeper, or keeper of a public eating house, or of a house 
of public entertainment, shall be appointed such agent. 
Every such agent shall hold his office for one year, unless Duties °' a e« nt 
sooner removed ; he shall sell such liquor only in the one 
place designated in writing by the body appointing him ; 
he shall, in the purchase and sale of such liquor, conform 
to such rules and regulations as the said body appointing 
him shall prescribe, not inconsistent with the provisions of 
this act; he shall keep an accurate account of all his pur- 
chases and ail his sales, specifying in such account the kind, 



1855. 



8 



Compensation. 



Peualty 



quantity and price of the liquor bought by him, the date of 
each purchase made. by him, and the name of the p« ison of 
whom such purchase was m -tde, the kind, quanl rice 

of liquor sold by him, the date of each sale made ■ •;• him, 
the name of the put chaser at ever) sue! sale, and Ae use 
for which the liquor on every such sale was sold, as -tatcd 
by the purchaser, and of all forfeited liquor by him r* eeived 
and sold or destroyed ; which account shall be at ah Mines 
open to t!ie inspection of the body appointing sucii r .cut, or 
any member thereof; and when required b\ said . ora 

majority of them, he shall account with them i< gar< ing all 
his dealings as such agent, and exhibit to them all r< im -ipts, 
bills, hooks, papers of every kind, relating to such dealings, 
or to his accounts ;, he shall sell such liquor at not more 
than twenty-five per cent, advance upon the tifost thereof, 
and shall, when rexjuired by the body appointi pay 

over the proceeds of his sales to the treasurer I ody 

so appoii ting him, and he shall semi-annually, or piterutr, 
if required by the body so appointing him, make a report, 
verified by his oath or affirmation, of all his put e>s, and 

the costs thereof, and of his sales, and the proceed* there^ 
of, specifying the number of sales, the respective quantities 
and kinds sold for each 6f the purposes of sacramenta^, me- 
dicinal, chemical and mechanica! uses, and the quani.tv and 
kind and cost of all liquors remaining on hand at the time 
of such meeting,-and of all foiieited liquors by him received 
and sold or destroyed ; which report, however, shall not 
specify the names of the persons to whom his suics may 
have bten made. He shall receive for his services such 
fixed and stipulated compensation as said bod; i iing 

said agent shall prescribe, but the amount of said compen- 
sation shall not be increased by reason of anj h create or 
diminution of the sales of such liquor by such agent, and 
he shall not be in any way, except as one of the inhabitants 
of the city, town, county or precinct, interested in said 
liquor, or in the purchase or sale thereof, or in the profits 
thereon ; and no such agent shall be authori; ; il or 

give away any spiritous or intoxicating liquors, or anj such 
liquors mixed with soda water, or any other compound, 
liquid, or otherwise, to be drank, taken or used as medi- 
cine or otherwise, in their shop, store or place of business, 
or in any of the appurtenances or dependencies thereof; 
but any such sale or giving aw/ay shall subject the said 
agent to the same penalties provided for the sale or giving 
away of liquors contrary to the provisions of this act- If 
any person purchasing any spiritous or intoxicating liquor of 
sue! agentshall intentionally make to inch agent anj false 
stat ment regarding the use to which such liquor is inten- 
ded by the purchaser to be applied, such person so offend- 
ing shall, upon conviction thereof, forfeit and pay a fine of 



7 1856. 

fifty dollars, together with costs of his prosecution, to be 
recovered by an action of debt, before any justice of the 
peace, or, if the offence is committed within a city, police 
magistrate of any such city, or by indictment in the circuit 
court of the proper county. Every such agent, shall re- ( g^n Cat to t °tf» 
ceive, from the oody appointing him, a certificate authori- agent appointed. 
zing him as agent of said town, city or county, as the case 
may be, to sell at the place mentioned in such certificate, 
spiritous or intoxicating liquors for sacramental, iredici- 
nal, chemical and mechanical uses only; which said certi- 
ficate, when granted by any common council of a city, or 
president and trustees of a town, or county court, or board 
of supervisors, shall be issued by the clerks of said bodies, 
respectively, attested by their common or corporate seal, 
or in case there is no such seal, then by the private seal of 
said clerk. Said agent shall not receive any such certifi- 
cate, or exercise his office, until he shall have executed 
and delivered to the body appointing him, for the use of the 
city, town or county appointing him, a bond, with at least 
two good and sufficient sureties, approved by said body 
appointing him, in a sum not less than six hundred dollars, 
in substance as follows : 

''Know all men that we, , as principal, Form of bond. 

and , as sureties, are held and firmly bound 

to , in the sum of dollars, to be 

paid to said , to which payment we bind our- 

selves, our heirs and executors, and administrators, firmly 
by these presents. Sealed with our seals, and dated at 
, this day of , A. D. 

"The condition of this obligation is such, that whereas 
the above bounden has been appointed an agent 

for said , to sell within said and on ac- 

count of said , spiritous or intoxicating liquors, 

to be used for sacramental, medicinal, chemical and me- 
chanical purposes only, until the day of , 
A. D. unless he be sooner removed from his 
agency. Now if the said shall in all respects 
conform to the provisions of the law in relation to his agen- 
cy, and the laws of this state relating to the sale of spiritous 
or intoxicating liquors, then this obligation to be void/' 

§ 6. If any such agent shall break the condition of such PenaltJ - 
bond, such bond shall be forthwith put in suit, and his said 
certificate and appointment shall immediately become void, 
and he shall not thereafter be permitted to act as agent for 
the sale of liquors anywhere in this state; and, moreover, 
for any such violation shall be liable to the same penalties 
herein by this act provided for the illegal sale or giving 
away of liquors contrary to the provisions of this act. 

§ 7. Every person who shall, in violation of this act, 
manufacture spiritous or intoxicating liquor, or mixed 



1855. 8 

penalty for the quor of which a part is spiritous or intoxicating liquor, 

violation of the * * f * o 1 * 

provi^onsoftiii shall pay, on his first conviction for said offense, a fine of 
♦Snvfcuoii. ° Ib one hundred dollars and the costs of prosecution, and in 
default of payment thereof, shall be imprisoned sixty days 
in the common jail ; on his second conviction for said of- 
fense he shall pay a fine of two hundred dollars and the 
costs of prosecution, and in default of payment thereof ha 
shall be imprisoned four months in the common jail ; and 
on every subsequent conviction for said offense he shall 
pay a fine of two hundred dollars and be imprisoned four 
months in the common jail. Every prosecution under this 
section, if the offense is committed within the limits of any 
city, shall be heard and determined before the police 
magistrate's court, and said court shall, upon every con- 
viction, order that the person so convicted shall stand 
committed until the fine and costs are fully paid; or, if 
upon the first conviction, until he shall have been impris- 
oned sixty days, and also that he be imprisoned for the pe- 
riod herein provided, if upon a subsequent conviction; or 
such prosecutions for offenses against the provisions of this 
section, when committed without the limits of a city, shall, 
in the first instance be brought before any justice of the 
peace of the proper county, who shall thereupon proceed 
in the same manner as provided for in the 203d section, of 
chap. XXX, of the Revised Statutes, in reference to the vi- 
olations of the provisions of that chapter. 

5 8. If any person, in violation of this act, by himself, 

Penalty for giv- 3 J i ' v 7 J * 

tog away or "ex- his servant or agent, shall, for himself or any body else, 
»thM property? 1 directly or indirectly, or on any pretence, or by any de- 
vice, sell, or in consideration of the purchase of any other 
property give to any person any spiritous or intoxicating 
liquor, or any liquor of which part is spiritous or intoxi- 
cating, or shall at any store, grocery, tavern, or place of 
trade, entertainment, or public resort, or in any of the ap- 
purtenances or dependencies of any such place or any 
public place, give away any such liquors he shall pay, on 
his first conviction for said offense, fifty dollars and the 
costs of prosecution ; and on the second conviction for 
said offense he shall pay a fine of one hundred dollars and 
costs of prosecution, and on every subsequent conviction 
he shall pay a fine of two hundred dollars and the costs of 
prosecution, and shall be imprisoned not less than three 
months nor more than six months. Every prosecution un- 
der this section shall, if the offense is committed within the 
corporate limits of any city, be heard and determined be- 
fore one of the police magistrate's courts in said city, and 
said police magistrates are authorized and required, in 
case of conviction, to order the person or persons so con- 
victed to stand committed until the fine and costs are fully 
paid, and also to commit said convicted persons for the 



1855. 



term of imprisonment for which they may be sentenced. 
In cases of trial by jury under this section, the jury shall 
fix the time of imprisonment in case of conviction as above 
provided, but if the accused shall p'eod guilty, or shall 
consent to the trial by said police magistrate^ then the said 
police magistrate may fix the term of imprisonment ; or 
prosecutions for the first and second of said offenses, when 
committed without and beyond the limits of any city, shall 
be brought in the first place before any justice ol the peace 
of the county where said offenses may be committed, who 
may hear and determine the same, and upon conviction, 
issue execution against the goods and chattels for the fine 
and costs, or the said justice in his discretion may proceed 
according to section i;03d, of chapter XXX, of Revised 
Statutes, a^d in tlie manner therein provided for offenses 
against the provisions of that chapter ; and prosecutions 
for the tiiird or any subsequent offense committed without 
the limits of any city, shall also be first brought before any 
justice of the peace of the proper county, who shall there- 
upon proceed according to said section 203d, of chapter 
XXX, Revised Statutes. All clerks, agents, and ser- 

. 7 - , . , , j . ,,. p • r i Penalties appll- 

vants of ever kind employed in selling or keeping for sale, cable to clerks, 

• • • • I «"•' t iu ' • • c ii • i. agents and aer- 

or giving away, in violation of the provisions of this act, van ts. 
of any spiritous or intoxicating liquor, or any mixed li- 
quor, a part of which is spiritous or intoxicating, shall 
incur the same penalties and be prosecuted against in the 
same manner as principals, and may in the information, in- 
dictment, or complaint, be charged in the same manner 
and be convicted, whether their principals be convicted or 
not. No such clerk, servant, or agent, shall be excused 
from testifying against his principal on the ground or for 
the reason that he may thereby criminate himself; but no 
testimony so given by him shall in any prosecution be used 
as evidence, either directly or indirectly, against said clerk, 
servant, or agent, nor shall he thereafter be prosecuted for 
any offense so disclosed by him. 

§ 9. No person shall own or keep any spiritous or penalty for the 
intoxicating liquor, or any mixed liquor of which a part is pro^i"^"^ "5 
spirituous or intoxicating, with intent to sell or gjve away tnlsact - 
the same in violation of this act, or to permit the same to 
be sold or given away in violation of this act; and every 
person who shall own or keep any such liquor with any 
such intent, shall, on his first conviction for said offense, 
pay a fine of fifty dollars and the costs of prosecution ; on 
his second conviction shall pay a fine of one hundred dol- 
ars and cftsts of prosecution ; on every subsequent convic- 
tion for said offense he shall pay a fine of two hundred dol- 
lars and the costs of prosecution, and shall be imprisoned 
not less than three nor more than si* months. Every pros- 
ecution for said offenses when committed within the cor- 



1855. 10 

poratc limit? of any city in this state, shall be beard and 
determined by one of the police magistrates of said city, 
and such magistrate is authorized and required to order 
any person so convicted before him to stand committed 
until the fine and cost", imposed hereby are fully paid, and 
to stand committed for the time of imprisonment for w hich 
lie mav be sentenced, as herein provided for: and 'hen 
said offenses shall be committed beyond the limits i any 
city, then said prosecutions shall first be brought "fore 
some justice of the peace of the proper county, wh may 
hear and determine prosecutions for the first ami > --ond 
offences, and issue executions against the goods and chat- 
tels of any person convicted before him therefor ; pi the 
said justice, in his discretion, may proceed accoi g to 
section 203, of chap. XXX, in the Revised Statutes, in 
the manner provided therein in relation to offenses igainst 
such chapter; and every prosecution for a subsequ i t of- 
fense so committed beyond the limits of any city* shall first 
be brought before some justice of the peace of tin proper 
county, who shall thereuoon proceed according to said 
section 203, of chapter XXX," Revised Statutes. And 
upon the trial of every complaint for the violation of this 
section or of the eighth section of this act, proof or the 
finding of the liquor specified in the complaint in the pos- 
session of the accused, in. any place except his private d cel- 
ling house or its dependencies, (or in such dwelling house, 
or dependencies if the same be a tavern, public easing 
house, grocery? or other place of public resort,) shall be 
received by the court, magistrate, or justice of the peace, 
as presumptive evidence that such liquor was kept for sale 
contrary to the provisions of this act. 
Appeal may be § 10. Any person may appeal from a final judgment 

taken. * , . >' «, , , , . '.' c xI ,. J 

rendered against mm by a justice ot the peace tor .1 lirst or 
second offense under section eight or section nine, and *'rom 
any final judgment of a police magistrate of any city, to 
the circuit court of the county wherein said judgment may 
have been rendered: Provided, he shall forthwith give 
bond in not less than five hundred dollars, with at feast 
two good and sufficient sureties, with con lition to appear 
at the coiirt appealed to, and there to prosecute his appeal 
and to abide the sentence of the court thereon, and that 
he will not, during the pendency of such appeal, violate 
the provisions of this act. Said bond maybe approved by 
the justice of the peace or police magistrate rendering the 
judgment, or by the clerk of the circuit court, in the man- 
ner provided by law in other cases. 
Hauance. ^ yy ^yj S pj r it 0!ls or intoxicating liquors, and all 

mixed liquors, of which a part is spiritous or intoxica- 
ting, intended by the owner or keeper thereof to be sold 
or given away, in violation of this act, shall, with the ves- 



11 1855. 

sels m which it is contained, be deemed a nuisance, and 
shall, with said vessels, be forfeited to the city, town or 
county in which it is kept. 

6 12. Ij any two or more persons, residents in any written com- 

• ' i r c ti 1 n i i- • paint to be 

city, county or town, being or rulJ age, shall beioie a jms- made. 
tice of the peace of the caunty or police magistrate of said 
city, make written complaint that any spiritous or intoxi- 
cating liquor, or any mixed liquor, of which a part is spir- 
itous or intoxicating (described as nearly as may be in 
said complaint) is in said town, city or county in any place 
described as nearly as may be in said complaint, or in any 
Steamboat, or water craft of any kind, depot, railroad car 
or land carriage of any kind, described as nearly as may 
be in said complaint, or in a street or public highway, or 
any public place whatsoever, described as nearly as may 
be in said complaint, kept, owned or carried by any person 
or corporation, described as nearly as may be in said com- 
plaint, and is intended by him or them to be sold or given 
away in violation of this act ; and if said complainants shall, 
before said justice or police magistrate, as the case may 
be, make oath or affirmation that they have reason to be- 
lieve, and do believe, to be substantially true the allega- 
tions in said complaint, said justice or police magistrate, 
as the case may be, (upon finding probable cause for said 
complaint) shall issue his warrant of search, directed to the 
sheriff of the county, his deputy or any constable of said 
county, or if to be executed within the limits of a city to 
the sheriff of the county, his deputy, or any constable of the 
county or city marshal of said city or his deputies, de- 
scribing as nearly as may be the liquor and the place de- 
scribed in said complaint, and the person described in said 
complaint as the owner or keeper of said liquor, and com- 
manding said officer to search thoroughly the said place, 
to seize said liquor, with the vessels containing it, and to 
keep the same securely until final action be had tl ereon : 
Provided, however, that if the place to be searched lie a proviso, 
dwching house in which any family re ides, and in which 
no tavern, eating house, grocery or other place of public 
resort is kept, such warrant shall not be issued, unless one 
at least of said complainants shall on oath or affirmation 
before said justice or police magistrate declare that he has 
reason to believe, and does believe, that within one month 
next before the making of said complaint, spiritous or in- 
toxicating liquor, or mixed liquor, of which a part is spir- 
itous or intoxicating, has been, in violation o*" this act, 
sold in said bouse or in some dependency thereof, ly the 
person accused in said complaint, or by his consent or t er- 
mission ; nor unless from the facts and circumstances dis- 
closed by said complainant to said justice or police magis- 
trate, said justice or police magistrate shall be of opinion 



1855. 12 

that said complainant has adequate reason for such belief. 
Whenever the offense shall be alleged to be without and 
beyond the limits of an incorporated to" r n or city, then 
the efamplaint herein provided for maybe made by any res- 
idents of the county before any justice of the peace of the 
county, and warrant of search may be issued by such jus- 
tice in the manner herein above provided. 
»oty of justices § } - - - Whenever upon such warrant such liquor shall 
of the peace and have been seized, the justice or police magistrate issuing 

police magls- ' J. , ' • i i r r 

tratea, said warrant shal , within forty-eight hours after such 

seizure, cause to be ported upon some public place within 
such town, city or (in case the said liquor is so found with- 
out the limits of an incorporated town or city) county, and 
to be left at the place where said liquor was seized, if said 
place be a dwelling house, store or shop, and to be left 
wi'h or at the last usual place of abode of the person lvmed 
in said complaint, as owner or keeper of said liquor, if such 
person be a resident of this state, a notice summoning such 
person, and all others whom it may concern, to appear be- 
fore said justice or police magistrate, at a place and time 
named in said notice, which time shall not be less than two 
nor more than four weeks after the posting and leaving of 
said notices, and show cause, if any they have, why said 
liquor should not be forfeited, with the vessels containing 
it ; and said notice shall, with reasonable certainty, describe 
said liquor and vessels, and state where, when and why the 
same were seized. At the time and place prescribed in 
said notice the person named in such complaint, or any 
person claiming an interest in said liquor and vessels, or 
anv part thereof, may appear and show cause why the same 
should not be forfeited. Tf any person shall then and there 
so appear, he shall become a party defendant in said cause, 
and said justic« or police magistrate shall make a record 
thereof. Whether any person so appear or not, said com- 
plainants, or either of them, or upon the failure of such 
complainants the officer having such liquor in custody, shall 
appear before said justice of the peace or police magistrate, 
and prosecute said complaint, and show cause why such 
liquor should be adjudged forfeited ; and said justice or po- 
lice magistrate shall make a record of such appearance and 
the name of such prosecutor, and shal! proceed" to inquire 
whether said liquor and vessels be liable to forfeiture ; and 
if upon the evidence then and there ptesented to him he 
shall find that said liquor, or any part thereof, was, when 
seized, kept or carried by any person for the purpose 
of being sold or given away in violation of this act, said jus- 
tice or police maoristrate shall render judgment that said 
liquor, or said part thereof, with the vessels in which it is 
contained, is forfeited. If no person be made defendant in 
manner aforesaid, or if judgment be in favor of all the de- 



13 1855. 

fendants who appear, then the costs of the proceedings shall 
be paid by the city, town or (if the said liquor is found as 
aforesai 1 without and beyond the limits of an incorporated 
town or city) county, if the judgment of said justice or 
police magistrate shall be against only one defendant ap- 
pearing as aforesaid, he shall pay all the costs of the pro- 
ceedings in the seizure and detention ol the liquor claimed 
by him up to that time and of said trial. But if such judg- 
ment shall be against more than one party defendant claim- 
ing distinct interest in said liquor, then the costs of said 
proceedings and trial shall be equitably, according to the 
discretion of said justice or police magistrate, apportioned 
among said defendants ; and in either case sucli costs snail 
be collected by execution or executions issued by said jus- 
tice or police magistrate against the property and (if said 
executions are issued by a police magistrate) bjdics of the 
defendants whose duly it is to pay tiie same, and paid into 
the treasury of the town, city or county, as the case may 
be, where the said liquor was seized. And if any such ex- 
ecution shall not be forthwith paid, the defendant in exe- 
cution, if said execution shall have been issued by a police 
magistrate, shall be committed to jail, and shall not be re- 
leased therefrom until he shall have paid said execution 
and the costs of his commitment and detention, or if said 
execution is issued by a police magistrate, until he shall 
have been imprisoned thirty days at least. The said jus- 
tice of the peace or police magistrate shall have power to 
continue to another time, not exceeding fifteen da)s, the 
hearing of the question of forfeiture as herein provided, and 
also to adjourn the same from day to day until determined. 
Any person appearing as aforesaid may appeal from said Appeal ma be 
judgment of forfeiture (as to the whole or any part of tiie **!««• 
liquor and vessels so adjudged forfeited ) to the circuit court 
next to be holden in the county wherein such judgment is 
rendered, but his appeal shall not be allowed until he shall 

five bonds, with good and sufficient security, to be approved 
y trie justice or police magistrate before whom saiu judg- 
ment shall be rendered, to tiie treasurer of the town, oity or 
county, as th^ case ma) require, in such an amount as said 
justice or police magistrate shall order, not less than rive 
hundred dollars, conditioned that he appear before said 
circuit court and prosecute his said appeal and abide the 
order of the court thereupon, and also, that he will not, 
during the pendency of said appeal, violate any of the pro- 
visions of this act; and in each instance in which any such 
appeal or appeals is or are allowed, said justice or police 
magistrate shall transmit to the clerk of said court, within 
ten days thereafter, and on or before tiie fir'&t day of the 
term to which said appeal or appeals shall be taken, a copy 
of said record, by him made, oi the original complaint, and 



1855. 14 

all proceedings had before him in the case and said com- 
plaint; and the case or cases arising upon said appeal or 
appeals shall thereupon be pending before said circuit court. 
It' before said circuit court no paiiy so appealing shall ap- 
pear, ihe appeal bond or bonds shall be forfeited, and said 
court shall render judgment that the liquor and vessels in 
respect to which said appeal or appeals has or have been 
taken are forfeited ; but if any party or parties so appeal- 
ing shall appear, said court shall proceed to try, by jury, 
the issue or issues arising upon said appeal or. appeals, sev- 
erally or collectively, as said court may deem proper ; and 
if by verdict of the jury, accepted by the court, it is found 
that said liquor, in respect to which any appeal was taken, 
was, when seized, kept by any person for the purpose of 
being sold or given away in violation of this «act, then said 
liquor and vessels containing it shall be adjudged for- 
feited, and said court shall tax the costs arising upon said 
appeal againsi said parly appealing, and order him to pay 
the same forthwith ; and for" the payment thereof, according 
to said order, his said appeal bond shall stand as security, 
and said defendant may by said couit be. committed to jail 
until the fine and costs are paid. 
Forfeited liquors § 14. Whenever it shall be finally decided that liquor 
to a b »ei»t el ' vered se,ZiJ< ^ as aforesaid is forfeited, the justice of the peace, po- 
lice magistrate, or other court rendering final judgment of 
forfeiture, shali issue to the officer having said liquors in 
custody, or to some other proper otficer, a written order, 
directing him to deliver said liquor and the vessels contain- 
ing it, to some agent duly appointed for the sale of intoxi- 
cating liquors in the city, town, township or precinct of the 
county where said liquor was seized, or in case there be 
no such agent in said city, town, township or precinct, then 
to some other such agent in some other city , town, town- 
ship or precinct in the same county, which order the said 
officer, after obeying the commands thereof, shall return to 
said court with ids doings thereon endorsed. Said agent 
shall receive said liquor and vessels, and if, in ins opinion, 
the same, or any part thereof, be fit to be sold for any law- 
ful uses, he shall sell the same, or such part thereof, in the 
course of his agency, for the benefit of the city, town or 
county, as the case may be, wherein the same were seized; 
and if, in his opinion, the same, or any part thereof, be not 
fit to be sold, he shall destroy the same, or such part there- 
of. Whenever it shall be finally decided that any liquor 
So seized is not liable to forfeiture, the court so deciding 
shall issue a written order to the officer having the same in 
custody, or to some other proper officer, to restore said 
honors, with the vessels containing it, to the place where 
it was seized, as nearly as may be, or. to the person enti- 
tled to receive it, which order the said officer, after obey- 



15 1855. 

ing the commands thereof, shall return to said court with 
his do ugs thereon endorsed. And the costs of the pro- 
ceedings in such case shall be taxed and pail by the city, 
town or county wherein said liquor was so seized. 

§ 15, Whenever any officer authorized to commence 
a prosecution for a violation of the ninth section of this 
act, siiaii in any way receive notice that liquor has been 
seizeii upon a warrant issued pursuant to tiie twelfth sec- 
tion ol tuis act, said officer shall immediately cause a pros- 
ecu. nm for violation of said ninth section to be commenced 
before the justice or police magistrate who issued said 
wari. 1 lit against the person named in said warrant as the 
owner, or keeper, or carrier of the liquor to be seized, 
units- such prosecution shall have been already commenced 
by some other proper officer. 

§ lb. A complaint under the twelfth section of this act 
ma) be in form, substantially, as follows : 

si To A. B., esq., a justice of the peace of the county of Form °* c °n»- 

7 ,. 1,J ,, 1 . . J plaint. 

, or police magistrate ot the city oi , [as the 

case may be.J The complaint ot the undersigned [resi- 
dent in said , oJ full age,] sheweth that in a certain 
place in said , to wit : [ here insert description of 
shop, nouse, or other place, describing the same as nearly 
as nv.v be,] certain liquor, to wit : [here insert descrip- 
tion <ij' liquor, describing the same as nearly as may be J is 
Owned or kept [as the same may be] by C. D. in the 
, in the county of , and is intended by said C. 
D., to l>r sold or gi\ 'en away in violation of the act of 18o5, 
entitled "-An act for tiie suppression of intemperance, and 
to t end chapter thirty ot the Revised Statutes," and 
agai.ist the peace and dignity of the people of the state of 
Illinois. Wherefore, the complainants jjray your honor to 
issu<- a warrant of search, that said place may be searched, 
and stid liquor seized and disposed oi according to law. 
D.i ted at , this day of . E. F., 

G. H., 
I.J." 

The justice of the peace or police magistrate to whom 
6iic i complaint is made, having administered the oatii or 
affir nati in required by section twelfth, may Certify jii such 
Complaint the administration of said oath and his finding 
the !< n, in the following lorm : 

H county — .?.<?. [Town or city and date.) Per- Form ot oath., 

son ill) appeared E. F., G. H. and I. J., residents in said 

, bi ing of full ag^, and presented to me the foicgo- 

Ing ' oiriplaint, b\ tiie in signed, and made solemn oath j^or 

affii motion, as the case may be] before me, that they have 



1855. 16 

reason to believe, and do believe to be substantially true 
the allegations in said complaint. Whereupon, I find that 
probable cause exists tor said complaint ; and [in case a 
dwelling house, &c, is to be searched] the said , one 

of said complainants, having on his oath [or affirmation] 
before rae declared that he has reason to belie ve, and does 
believe, that within one month next before the making of 
said complaint, spiritous or intoxicating liquor, or mixed 
liquor, a part of which is spiritous or intoxicating, has 
been sold in violation of the act of ;855, for the " suppres- 
sion of intemperance, and to amend chapter thirty of the 
Revised Statutes," in said house, or in some dependency 
thereof, by the person accused, or by his consent or per- 
mission, upon the facts and circumstances disclosed by 
said , to me, I am of the opinion he has adequate 

cause for such belief. 

A. B., J. P. or Police Magistrate." 

A warrant issued pursuant to section twelfth may be, in 
form, substantially as follows : 

from of warrant. "The people of the state of Illinois to the sheriff of the 
county of , his deputy, or either constable of said 

county, or [if the warrant is to be executed in any city] 
to the sheriff, deputy sheriff, or constable of the county 
of , or marshal of the city of , greeting : 

"Whereas, E. F., G. H. and I. J., residents ill said , 

being of full age, have, before me, made their written 
complaint, that in a certain place in said , to wit: 

in [iiere insert a description of shop, house, or other place, 
describing tiie same as nearly as may bej certain liquor, to 
wit : [here insert a description of the liquor as nearly as 
may bej is owned or kept [as the case may be] by C. D., 
of [name of county, city, town or other place, naming it,] 
and is intended by said C. D., to be sold or given away, in 
violation of the act of 1855, entitled " An act for the sup- 
pression of intemperance, and to amend chapter thirty of 
the Revised Statutes," and against the peace and dignity 
of the people of the state of Illinois. 

"Aiii whereas, said complainants have before me made 
solemn oath [or affirmation, as the case may be] that 
they have reason to believe, and do believe, to be sub- 
stantially true, the allegations in said complaint; and 
whereas I do find that probable cause exists fcr sa : l com- 
plaint, and [in case a dwelling house, &c, is to be 
searched,] and the said , one of said complainants, 

having on his oath [or affirmation, as the case may be,] 
before me declared that he has reason to believe, and does 
believe, that within one month next before the making of 
said complaint, spiritous or intoxicating liquors, or mixed 



17 186& 

liquors, part of which is spiritous or intoxicating, h&§ 
been sold in violation of the act of 1855, for "the sup- 
pression of intemperance, and to amend chapter thirty of 
the Revised Statutes," in said house or some dependency 
thereof, by the person accused in the complaint aforesaid, 
or by his consent, [or permission,] upon the facts and cir- 
cumstances disclosed by said , I am of opinion that 
he has adequate cause for such belief; now, therefore, 
in the name and by the authority of the people of the state 
of Illinois, you are hereby commanded to search thorough- 
ly, the said place, and to seize said liquor and the vessels 
containing it, and securely keep the same until final action 
be had thereon. Hereof fail not, but due return make. 
Dated at , this day of 

A. B., J. P., or Police Magistrate.' 3 

The form of notice required by section thirteen may be 
• ubstantially as follows : 

"To C. D. of , in the county of , and to all oth- Formonntic*. 

ers whom it may concern — Greeting: 

" Whereas, pursuant to the provisions of an act entitled 
"An act for the suppression of intemperance, and to amend 
chapter thirty of the Revised Statutes," upon due com- 
plaint, dated , and upon warrant duly issued upon 
said complaint, certain liquor, with the vessels containing 
it, [describe the liquor and the vessels with reasonable cer- 
tainty] was seized at f describe the place as nearly as may 
be] in the , of , on the day of , A. 
D., 18 , by [name of officer] a [sheriff, deputy sheriff, 
or other officer, as the case may be] which said liquor 
and vessels were seized because it is alleged that said 
liquor was owned, or kept, or carried, by some per- 
son, with intent that said liquor should be sold or 
jiven away contrary to the law. And whereas the said 
iquor, if so owned or kept, with such intent, is liable to 
forfeiture; now you, the said C. D., and all others whom it 
may concern, are hereby summoned to appear before mo 
it [name of town, city, or other place,] on the daj 
of , at o'clock, in noon, then and thero 
to show cause, if any you have, why said liquor and ves- 
sels should not be adjudged forfeited. 

Dated at , this day of , A. D. 18 . 

A. B., J. P., or Police Magistrate." 

§ 17. If any person shall be found in a state of intoxi- 
cation in any highway, street, court house, or other public 
place, or shall be found in a state of intoxication in any 
place, committing any breach of the peace, or disturbing 
others by noise, any sheriff, deputy sheriff, constable, or 
2 



f, 



1855. 18 

[if within any city,] said officer, or any police officer of a 
city, city marshal or other officer, may, without warrant, 
and it is hereby made his duty to take such person into 
custody, and detain him in some proper place until, in the 
opinion of such officer, lie shall be so far recovered from 
his intoxication as to be capable of properly testifying in a 
court of justice, and shall then bring him, if said person is 
willing before some justice of the peace of the county, or 
if arrested within a city, police magistrate of a city ; and 
if such person is willing to make full disclosures regard- 
ing the person or persons of whom, and the tin e, place 
and manner in which the liquor producing his intoxication 
was procured, and all the circumstances attending it, such 
justice or police magistrate shall administer to him the oath 
provided for witnesses, . and he shall inquire of him in the 
presence of the officer, regarding the matter, and if upon 
such inquiry, it ,«hail appear to such officer that any of the 
offenses specified in the eighth or ninth sections of this act 
have been committed within this state, such officer [who is 
hereby authorized so to do] siia.il in due form of law tile 
his complaint to said justice ov police magistrate against 
the person or persons upon such disclosure appearing to 
the officer to be guilty thereof, and shall, if the said per- 
son so taken intoxicated be willing thereto, detain said 
prison until the trial of said complaint before said justice 
or police magistrate. And said justice or police magis- 
trate shall issue his warrant for the immediate arrest of the 
person charged in said complaint, and he shall accord- 
ing! \ be arrested and brought before said justice or police 
magistrate [as the case may be] to answer to said com- 
plaint, and shall be tried thereon without unnecessary de- 
lay, :<nd convicted or acquitted in due form of law; and it 
shall be the duty oisaiu officer to prosecute such complaint, 
and of any state's attorney, or [li the offence is committed 
within the limits or jurisdiction of a city] the cits attor- 
ne\ to assist him in such prosecution. And the person so 
arrested, when taken and brought. before said justice of the 
peace or police magistrate shall be immediately put to 
plead to said complaint ; ami unless he plead guilty, the 
tnai of said complaint shall be commenced, and, whether 
he pie.ui guilty or not, the testimony of the person found 
intoxicated as aforesaid shall be taken, of which testimony 
tne said justice or police magistrate shall make a true re- 
coid; and if the person so complained against shall he 
found guilty, and snail appeal from the judgment of said 
justice or police magistrate, or j in the cases before a jus- 
tice hereinbefore provided lor in sections eight and nine] 
shall give bail for his appearance at the next term of the 
circuit conn of the county wherein said judgment is ren- 
dered, or shall be committed in default of giving bail for 



19 1855. 



his said appearance, said justice may, in liis discretion, 
recognize with surety such witness for his appearance to 
testify in said case before the court to which said appeal 
may be taken, or to which said defendant shall be required 
to appear. And if upon such trial or trials the person so 
found intoxicated shall, in the opinion of the prosecuting 
officer, testify freely, fully and fairly regarding the procure- 
ment or receipt of the liquor which produced his intoxica- 
tion, the person or persons of whom, and on what terms it 
was obtained or received, and the time and place of such 
receipt, and all the circumstances regarding it, he shall be 
discharged, and no evidence which he shall have given, 
either before said justice or police magistrate in making 
such disclosures, or as a witness upon said trial or trials, 
thai! be used against him in any trial or proceeding what- 
ever; nor shall any prosecution be instituted or carried on 
against him for or on account of such intoxication. But if ^fn" to testify. 
he shall refuse to be taken before said justice of the peace 
or poiice magistrate, as herein ibove provided, by the offi- 
cer or officers having him in custody, or if, when brought 
before sue. i justice of the peace or poiice magistrate, he 
shall refuse to make disclosures before said justice or po- 
lice magistrate in the manner hereinbefore provided tor, or 
shall refuse to testify freelj and fully, as a witness on said 
trial or trials, then he shall be in due form prosecuted for 
his intoxication, and on conviction thereof be punished as 
provided in tiie twenty-sixih section of this act. The costs 
of the arrest and detention of the person so taken intoxi- 
cated shall, upon the order ot the justice or police magis- 
trate before whom such person is brought, be paid from the 
treasury of the town, city or county in which the arrest is 
made. This section shall not be so construed as to author- 
ize the forcible detention of the person so taken intoxica- 
ted after he shall have recovered from his intoxication, un- 
til the trial of the person or persons against whom his dis- 
closures shall be made before the justice or police magis- 
trate ; but if such person, upon recovering from his int< \i- 
eation, shall not voluntarily consent to go, and go with the 
officer, and make the disclosures contemplated in this sec- 
tion, and shall not thereafter voluntarily remain in custody 
of such officer, or some other proper person by said officer 
designated, until such trial, he shall be forthwith prosecu- 
ted for his intoxication under the twenty-sixth section or 
this act; and any officer woo by this section is author zed 
to arrest such intoxicated persons, may make complaint 
against and prosecute such person for such intoxication. 

f> 18. Every sheriff, deputy sheriff and constable of any Dnt * 5f sheriffs 
county, mayor or city marshal, or other, police officer ot Bhai«,&o. 
any city, or tiie president and trustees of any incorporated 
town, are hereby authorized, and it is hereby made tin ir 



1855 20 

duty, within their respective counties or cities or towns, 
as the case may be, wiien any violation of any of the pro- 
visions of this act shall come to their or his knowledge, or 
on being informed of the same, and being furnished with 
reasonable proof of the iact, or having good reason to sus- 
pect that an offense has been committed against this act, to 
make the complaints, and to institute and carry on prosecu- 
tions against any person or persons violating the provisions 
of this act as hereinbefore provided ; and any complaint 
herein provided for may be so made by any one of the said 
officers. If any such officer receiving salary or fees, know- 
ing or being informed, and being furnished with reasonable 
proof of the fact, or having good reason to believe or sus- 
pect that any person or persons have, within their respect- 
„ ive jurisdictions, been guilty of violating any of the pro- 
visions of tiiis act, shall fail to make complaints and insti- 
tute and carry on prosecutions against such person or per- 
• sons so offending, as herein provided for, said officer or of- 
ficers shall, upon conviction, be punished by fine not less 
than twenty-five and not exceeding one hundred dollars. 
And moreover, upon conviction, if the same shall be had in 
the circuit court of the county wherein such officer shall 
hold his office, or of the circuit court of any other county 
to which the same may be removed by change of venue un- 
der the laws of this state, it shall be the duty of the court 
before whom such conviction shall be had, to declare the 
office of said officer vacant ; and said officer shall thereafter 
be disqualified from holding the same office anywhere in the 
penalty tor viola- state of Illinois. For any violation of this section prosecu- 
tion- tions may, upon the complaint of any resident of the coun- 

ty, or (in case of violation hereof by a city marshal, mayor 
or other police officer of any city,) city wherein said offi- 
cer shall hold his office, before any justice of the peace, 
or in case of a city officer, police magistrate, or by indict- 
ment in the circuit court of the county wherein said officer 
shall hold his office. Nothing in this section shall be con- 
strued to prevent any residents of a town, city or county, 
as the case mey be, from making complaints and institu- 
ting ana carrying on prosecutions as in other sections of 
this act provided. Sheriffs, deputy sheriffs and constable* 
are authorized, and it is hereby expressly made their duty, 
tc make said complaints and institute and carry on prose- 
cutions lor violations of this act where the offenses may be 
committed within the limits of an incorporated city, or any 
other place in their county, anything in any law or charter 
to the contrary notwithstanding, 
cage* to be cnn- § * 9- All cases under this act which shall come by ap- 
«ucte<i uy the peal, writ of error or in any other manner before anv higher 

date ana city M ' . . ., ■"■ ,.. i • i i 

attorneys. court than a justice s court, snail in such higher court be 



21 1855. 



conducted bv the state's attorney or (in case the offense 
be committed within the limits of any city,) city attorney 
(as the case may be) in behalf of the prosecution, and shall 
take precedence in such court of all other criminal business, 
except those criminal cases in which the parties accused 
are actually under arrest awaiting trial; and the prosecu- 
ting officers shall not have authority to enter a nolle pros- 
equi, except by the consent of the court, and where the 
purposes of justice manifestly require it. 

§ 21. Whenever default shall be had of any recogni- suitonbotm. 
sance, or whenever a breach of the condition of any recog- 
nisance or bond given pursuant to this act shall have oc- 
curred, the proper officer shall forthwith commence suit 
upon said recognisance or bond, and pursue the same to 
final judgment as speedily as possib'e. Any judgment re- 
covered in such suit shall be for the full amount of said 
recognisance or bond, with costs of suit; and no court or 
officer shall remit to the defendant or defendants any part 
of said judgment. 

§ 22. In any complaint or indictment under this act, it Noi necessary u 

in a l i a. £ Al i.1 ti l • J set forth the kind 

shall not be necessary to set forth exactly the kind or quan- of iiquoria co» 
tity of liquor sold or manufactured, nor whether the plaiBU 
accused was a principal or clerk, servant or agent, or the 
exact time of the sale or the manufacture thereof, but. proof 
of the violation by the accused of any provision of this act, 
the substance of which violation is briefly set forth in said 
complaint or indictment, within the times mentioned in said 
complaint, shall be sufficient to convict such persons ; and 
it shall not be requisite in any complaint or indictment for 
a second or subsequent offence to set forth the record of a 
former conviction, but it shall be sufficient briefly to allege 
in such complaint such former conviction. Nor shall it be 
necessary, in every case, to prove payment in order to prove 
a sale within the meaning of this act. This act shall in all 
courts be liberally construed for the detection and punish- 
ment of offenses ; and any defects in any complaint or in- 
dictment or declaration, either of form or substance, may 
be amended by the court before which the same is pend- 
ing, whether by original entry, appeal or otherwise. 

§ 23. A justice of the peace, police magistrate or clerk Fee »- 
of the circuit court shall be entitled to receive for causing 
notices to be posted up and left pursuant to section 13, 
fifty cents for each notice ; and f r receiving a complaint 
and making certificate thereon, as required by sections 12 
and 16, the justice of the peace or police magistrate shall 
be entitled to receive one dollar; for issuing an order pur- 
suant to section 14, fifty cents ; where notice, shall be pub- 
lished in a newspaper, the printer or publisher of such pa- 
per shall be entitled to receive such compensation as the 



1865. 22 

court shall order; and the officer who shall make service 
of an\ Win rani for the seizure of liquor, shall be allowed 
for the same two dollars; for the removal and custody' of 
said liquor, his reasonable expenses and one dollar ; for the 
delivery of any such liquor under order of the court, his 
reasonable expenses and one dollar; and for posting and 
leaving the notices required by section 13 and 33, one dol- 
lar. For all other services under this act, the said justice 
of the peace, police magistrate, clerks or other officers shall 
be. allowed to receive the same compensation as is now by 
law allowed for similar services. Nothing in this act or any 

Additional com- Jaw of this state shall prevent any of said officers from re- 
ceiving any additional compensation winch may be allowed 
to them by the ordinances of any incorporated town or city. 
Nor shall any interest which said officers maj have in their 
fees or in such compensation render said officers incompe- 
tent to testify as witnesses in any trial or proceeding au- 
thorized by this act ; nor shali any person be rendered in- 
competent to testify as a witness in any trial or proceed- 
ing authorized by this act by reason or on account of said 
person being an inhabitant of any town, city or county 
wherein an offence may be committed, or such proceeding 
may be had. 

o.mnw« council § 24. The common council of any city, the president 

to prosecute f<.r anc { trustees of anv incorporated town, or the hoard of su- 
perviso's, or the county court of any county, whenever 
complaint shall be made to them that a breach of the con- 
dition of the bond given by an agent appointed by them 
under this act has been committed, shall notify such agent 
of such complaint, and if upon hearing of the parties ii shall 
appear that any such breach has been committed, they shall 
revoke said agent's appointment ; and whenever such 
breach is in any way made known to the common council 
of any city, the president and trustees of any town, the board 
of supervisors or county court of any county, or any 
one of them, they or he shall, at the expense and for the use 
of said city, town or county, cause the bond to be put in 
suit. 

<-<wiity for vio- 5, 25. All payments or compensations for liquor here- 

latlng the provi- c * , , ■ i «.• c .. l • 1 1 j. I U 

•loMofthuact. alter sold in violation ot this act, whether sucn compensa- 
tion be in money, goods, land, labor, or anything else, shall 
be held to have been recc ived in violation of law and against 
equity and good consch nee, and to have been received 
upon a valid promise ami agreement of the receiver in con- 
sideration of the receipt thereof to pay to the person fur- 
nishing such cor.sideration on demand the amount of said 
money, or the just value of such goods, land, labor or other 
thing. All sales, transfers, conveyances, mortgages, liens, 
attachments, pledges and securities of every kind, which 
either in whole or in part shall have been made for or on 



23 1855. 

account of spiritous or intoxicating liquors sold in violation 
of this act, shall be utterly null and void against all per- 
son* in all cases, and no pights of any kind shall he acqui- 
red thereby ; and no action of any kind shall be maintained 
in any court of this slate for spiritous or intoxicating liquors, 
or mixed liquor, of which a part is spiritous or intoxicating, 
*sold in any other state or country contrary to the law of said 
state or country, or with intent to enable any person to vio- 
late any provision of this act, nor shall any action be main- 
tained for the recovery or possession oi spiritous, or itoxi- 
icating, or mixed liquor, or the value thereof, except in 
cases where persons owning or possessing such liquor, with 
lawful intent, may have he« n illegally deprived of said 
liquor. Nothing in this section, however, shall affect in N ot *? " tend u 
any way negotiable paper m the hands ot any bona nae in the hand* •* 

I 1J It i' l 1 • I. LI ' • J ♦• nulder bona fid* 

bolder thereof who may bave given valuable consideration 
therefor, without notice of any illegality in its inception or 
transfer, or the holder of land or other property who may 
have taken the same in good faith without noiice of any 
defect in the title of the person from whom it was taken ; 
and all other sections of this act, and all evidence given un- 
der them, shall be construed in the same way as they would 
be if this section were omitted from this act, and have the 
same effect. In all actions at law or suits in equiU brought 
for the recovery of spiritous, intoxicating or mixed liquor, 
or the value thereof, or founded upon sales, transfers, con- 
veyances, mortgages, liens, attachments, pledges and se- 
curities of every kind, which either in whole or in part 
shall have been made for or on account of spiritous or in- 
toxicating liquor sold in violation of this act, it shall not be 
necessary for the. defendant or defendants to plead the 
lame, or that said liquor was sold contrary to the provis- 
ions of this act, but tite same may be given in evidence on 
the trial of such action or suit in equity ; and whenever it 
shall appear in evidence or by the pleadings to any court 
before which such actions at law or suit in chancer} shall 
be tried or pending, that the same is brought for the recov- 
ery of spiritous or intoxicating liquor, or mixed liquor sold 
contrary to the provisions of this act, or the value thereof, 
(except in cases where persons owning or possessing such 
liquor with lawful intent, may have been illegally deprived 
of said liquor,) or is founded upon any sale, transfer, con- 
veyance, mortgage, lien, attachments, pledges or securi- 
ties of any kind, which either in whole or in part shall have 
been made for or on account of spiritous or intoxicating 
liquor sold in violation of this act, it shall be the duty of 
said court, whether the defendant or defendants interpose 
said defense or not, or whether the said defendant or de- 
fendants desire the same to be done or not, forthwith to 
dismiss the said action at law or suit in equity, at the cost 



1865. 24 

of the plaintiff or plaintiffs or complainant or complainants, 
unless the said action at law or suit in equity shall be in- 
atituted for his own use and benefit by the buna fide holder 
of negotiable paper, who may have given a valuable con- 
lideration therefor without notice of any illegality in its in- 
ception or transfer, or the holder of laud or other property 
who may have taken the same in good faith, without notice 
of any defect in the title of the person from whom it was 
taken. 
Tine ifor being § 26. If any person shall be found intoxicated in any 
tedm the t pul>°ic highway, street, court house or other public place, or shall 
»uceg„ De found in a state of intoxication in any place committing 

any breach of the peace, or disturbing others by noise, he 
shall, on conviction thereof, pay a fine of twenty dollars to 
the city, town or (if found intoxicated in any highway, 
street, court house or other public place, or shall be found 
in a state of intoxication in any place committing any breach 
of the peace, or disturbing others by noise without the lim- 
its of an incorporated city or town) county in which the 
offense is committed, together with the costs of prosecu- 
tion, and stand committed until the fine and costs are paid. 
Every prosecution for a violation of this section shall be 
heard and determined by a justice of the peace ol the 
county or (if within the limits of an incorporated city) by 
a police magistrate of the city where the offense was com- 
mitted; but the person convicted upon said prosecution 
may appeal from said judgment to the circuit court of the 
aw***. county in which the offense is committed : Provided, that 

he shall forthwith give such bond (of recognisance) with 
surety as said justice or police magistrate shall order, con- 
ditioned for his appearance at the next term of the said cir- 
cuit court to answer said complaint, and for abiding the 
judgment that may be rendered by the court thereon; and 
if in case of conviction of said offense before any police 
magistrate, or before the circuit court, the person so con- 
victed shall fail to pay the fine and the costs of his prose- 
cution, he shall be committed to jail, and shall not be re- 
leased until he shall have been imprisoned for thirty days. 
And if any officer authorized to arrest with or without war- 
rant any person so found intoxicated shall fail so to arrest any 
person whom he may see intoxicated, said officer shall for- 
feit and pay for every such offense twenty dollars, to be 
recovered by an action of debt before any justice of the 
peace of the county or police magistrate of any city within 
which said officer shall hold his office, 
ewnpetisation to § 27. The common council of any city, the president 
and trustees of any incorporated town, the board of su- 
pervisors or the county court of any county, or a majority 
of either of said bodies, may appropriate out of the city, 
town or county treasury such sums as in their judgment 



»gents. 



25 1855 

shall be necessary for the purchase of spiritous or intoxi- 
cating liquor by the agent or agents of said city, town or 
county, to be by him or them sold tinder the provisions of 
this act. And no agent appointed under this act shall 
have power on behalf of any city, town or county to con- 
tract any debt for spiritous or intoxicating liquors which 
shall to any extent be binding on such city, town or coun- 
ty. All fines and forfeitures collected under the provi- 
lions of this act, and all profits accounted for by agents to 
•ell spiritous or intoxicating liquors shall be applied — ^u'sTudiorieu- 
first, to the payment of the compensation allowed said «"»■ 
agent or agents, next to the payment of costs which may 
under the provisions of this act be incurred by said city, 
town or county, and the remainder, if any, shall be put 
into the school fund of the city, town or county, as the 
case may require, in which the offense may have been 
committed or the profits made. If any agent appointed 
under this act, shall sell any liquor at a greater profit 
than hereinbefore provided for, such agent shall be deemed 
guilty of an unlawful sale, and shall be prosecuted, and 
upon conviction be punished and dealt with in the ?ame 
manner provided in case of illegal sales by other persons, 
and moreover shall ipso facto forfeit his appointment as 
agent, and shall not be thereafter qualified or allowed to 
act as agent for the sale of spiritous or intoxicating liquors 
under this act anywhere in this state. 

§ 28. Whonever any violation of any of the provisions A ,E ™ 7 * 
of this act shall be committed in any corporated town or 
city, the prosecutions herein provided formay be instituted 
and carried on in the name of said city or town. In all 
cases under this act (except where the justice of the peace 
or police magistrate maybe acting as a court of inquiry in 
accordance with the pro-visions of this act, and section 
203, chapter XXX, Revised Statutes) the party prosecu- 
ting or the defendant or defendants shall be entitled to a 
trial by jury, and in cases of trial by fury, where the pun- 
ishment is by fine or imprisonment, either nr both, the jury 
shall fix by their verdict the amount of the fine and the 
period of imprisonment, in accordance with the provisions 
of this act. Appeals may be taken in all cases from the 
judgment of justices of the peace or police magistrates 
(except where said justice or police magistrate may be 
sitting as a court of inquiry as aforesaid) provided the 
defendant or defendants shall forthwith give the bond or 
bonds hereinbefore required. And any city or town afore- 
said may also appeal from any judgment of such police 
magistrate or justice oi' the peace in like c-\"pf>^ by filing 
with said justice or magistrate the bond of said city or 
town under the corporate seal thereof, if they have any, 
and if not, then said bond shall be signed by the president 



1855 26 

of the hoard of trustees of such town, or the mayor or 
other chief officer for the time being of any city. And in 
case said prosecution before said justice or police magis- 
trate shall be in the name of the people of the state of 
Illinois, appeals may he allowed in the same way to the 
people as is now provided in cases of assault and battery. 
, Any bond given on appeal from the judgment rendered by 
justices of the peace or police magistrate under the pro- 
visions of this act shall be from the date thereof until thft 
same is discharged a lien on all the property, real and 
personal, of principal and securities. And no principal or 
securityon any appeal bond shall he released from his or 
their liability thereon by reason of any defect, formal or 
substantial, in said bond, or in the execution or approval 
thereof; hut the said principal and securities shall in all 
courts be held liable in the same manner and to the sam« 
extent as if the said bond or bonds had been in all respects, 
written, taken, conditioned, executed and approved ac- 
cording to law. 
MannMcfire not § 29- Nothing contained in this act shall be ?o con- 
piotiiuted for strued as to prohibit the manufacture or keeping for salt 

•ertalu purposes _ » . . . r O 

of burning fluids ot any kind, perfumery, essences, chem- 
icals, dyes, paints, varnishes, cosmetics., solutions of med- 
icinal drugs, medical compounds, or any other articU 
which may be composed in part of alcoholic or other 
spiritous liquor, if not adapted to use as a beverage : Pro- 
vided, however, that if such article is capable of being 
used, or is intended to be used as a beverage or in evasion 
of this act, the manufacture or keeping for sale, or sale 
thereof, shall be deemed a violation of ibis act and pun- 
ished a eordingly. 

"wlr^eu'&c. ^ § 30- II sna ^ ^ e ,Ilc duty of any mayor, alderman, 
city marshal or deputy marshal, sheriff, deputy sheriff or 
constat :e, if he shall have information that any intoxica- 
ting liquors are kept or sold in any tent, shanty, hut, wa- 
gon or hand carriage of any kind, or place of any kind, 
other than a dwelling house, for selling refreshments in 
any public place on or near the grounds of any cattlo 
show, agricultural exhibition- military muster, camp meet- 
ing, or any public occasion of any kind, to immediately 
make complaint thereof on oath, before some justice of 
the peace or police magistrate, who shall issue his warrant* 
commanding him to search the place or places named in 
said complaint; and such mayor, alderman, city marshal or 
deputy marshal, sheriff, deputy sheriff or constable, shall 
proceed to search such suspected places, and if said officer 
shall find upon the premises any intoxicating liquor he 
shall seize said liquor and ?rrest the keeper or keepers of 
said place, or of said wagon or carriage, and take them 
forthwith, or as soon as may be, before some justice of 



27 1855. 

the peace of the county, or (if within a city) police ma- 
gisirate of a city, and thereupon such officer shall make a 
written complaint, under oath or affirmation, and sub- 
scribed by him, to such justice or police magistrate^ who 
shall thereupon proceed to hear and determine said com- 
plaint, and upon proof that such liquors are intoxicating,, 
that they were found in the possession of the accused in a 
tent, shanty or other place as aforesaid, other than a 
dwelling house, he or they shall he sentenced, upon con- 
viction, (if before a police magistrate) to imprisonment in 
the county jail for thirty da}s, or (if before a justice of 
the peace) to pay a fine of fifty dollars and costs of the 
proceedings; and said liquor so seized shall he forfeited 
and delivered over hy the officer or other person having 
the same in custody, upon the order of the justice or po- 
lice magistrate, to the agent (or one o f them) of the city, 
town or county where such liquor shall have heen seized, 
to be dealt with by said agent as other forfeited liquor. 

§ 31. If any railroad conductor, freight agent, ex- Kaiirosd cmtmc- 
pressman, depot master, or other person in the employ- |, < J[n i * nd B l^f t 
ment of or in any manner connected with any railroad liilble to t"» 

J - . J cution. 

corporation, or any teamster, stage driver, or common 
carrier of any kind, or any person professing to act as 
agent for any other person or persons, whether within or 
without this state, or any other individual of whatever 
calling, shall knowingly bring within this "state, lor any 
other person, any intoxicating liquor, to he used or dis- 
posed of for any other purposes than those recognized 
lawful by this act, or shall knowingly procure for anj' other 
person or persons, or shall knowingly aid, assist or abet, 
in any manner whatever, any other person or person in 
procuring intoxicating liquor, except for the purposes on- 
templatc d by this act, such person or persons so offeni ing 
«ha)l forfeit and pay into the treasury of the county, lowh 
or city, as the case- may be, a fine of one hundred 1 liars 
and costs of prosecution on the first conviction, and n the 
eecond and every subsequent conviction two hundred dol- 
lars and costs, and be imprisoned in the county jail not less 
than three nor more than six months. If any contrac- 
tor, sub- contractor, agent, engine driver, conductor, di- 
rector, or other employee, engaged in the construction or 
operation of any railroad., canal or other public work in 
this state, shall violate any of the provisions of this act, 
he or 'hey shall be fined and imprisoned, or either, as the 
case may be, to double the ex ent of other persons so of- 
fending. 

§ 32. Any person against whom or whose premises a p e nn?ty fo» »- 
search' warrant has been issued, or any other person who siting officers, 
shall refuse to permit the search to be made, or otherwise 
use violence to prevent the same, or who shall resist 



1855. 



28 



any officer in the execution of any other process author- 
ized by this act, or threaten to use violence to prevent the 
execution of the samp, shall he deemed to have resisted 
the officer, and be made subject to the penalty i: ilicted by 
the Revised Statutes therefor, 
hive j^risdi^ % § 33 Nothing in this act shall be so construed as to 
lL°geg. ln certain aut horize any justice of the peace to trv any person (ex- 
cept as a court of inquiry) for any offense against any 
provisions of this ant where the punishment is by a fine 
above one hundred dollars or imprisonment, or to adjudge 
any liquor to be forfeited, as hereinbefore provided, where 
the value of said liquor shall exceed one hundred dollars ; 
but in all cases where any person for any offense, the pun- 
ishment whereof is imprisonment or fine exceeding one 
hundred dollars, shall be brought before any justice of the 
peare, or where in the trial of any cause under this act it 
shall appear that the offense for which the accused is upon 
his trial is one for which the punishment, as prescribed 
hereby, is more t!. an one hundred dollars or imprisonment, 
or both, said justice shall proceed in such case in manner 
provided in section 203, of chap. XXX, of Revised Stat- 
utes; and if such faet shall appear as aforesaid upon the 
trial of the cause by a jury, said jury shall be discharged 
without rendering any verdict, and said justice of the 
peace shall admit said defendant or defendants to bail, or 
in default thereof, commit him or them to await trial 
the next term of the circuit court of the proper county, in 
same manner as provided by said section 203. of chap. 
XXX, Revised Statutes. In all cases where it shall ap- 
pear, from the officer's return of any search warrant issu- 
ed under the provisions of this act by any justice of the 
peace, that the liquor seized is of greater value than one 
hundred dollars, or if during or upon the hearing or trial 
of said complaint, as provided in the 13th section of this 
act, it shall appear to said justice on the evidence or (if 
the trial is by a jury) by the verdict of said jury that said 
liquor is of greater value than one hundred dollars, then in 
either or both cases it shall be the duty of s;iid justice of 
the peace not to render judgment but forthwith to make a 
record of all the proceedings before him, (except the tes- 
timony of witnesses,) and certify the same under his hand 
and seal, and file the same in the clerk's office of the circuit 
court of the proper county; and said clerk shall, upon re- 
ceiving and filing said transcript, immediately cause to be 
published in some newspaper in his county, (and if there 
be no newspaper in said county, then shall cause to be 
posted upon the door of the court house,) and also in either 
case to be left with or at the last usual place of abode of 
the person named in the said complaint as the ow?ier or 
keeper of said liquor, if such person be a resident of this 



29 1855. 

•tate, a notice, summoning such person, and all others 
whom it may concern, to appear before the said circuit 
court, at the next term thereof, and show cause, if any 
they have, why said liquor should not be forfeited with the 
vessels containing it. Said circuit court shall hear and 
determine said question or forfeiture of said liquors, and 
shall proceed in the same manner provided in the 13th 
and 14th sections hereof: Provided, if two weeks shall not ptotu». 
intervene between the day of publishing and serving said 
notice as aforesaid and the first day of the next term of 
the said circuit court, said cause shall be continued until 
the next term of the said circuit court. The term justice of 
the peace, as herein used, shall not be construed to include 
police magistrate. 

§ 34. If any person, by himself, clerk, servant or F)ne and )iaprt0 
agent, shall sell, furnish or give away any intoxicating <»m ei u- 
liquor, which shall be impure or adulterated, he shall for- 
feit and pay into the treasury of the town, city, or if the 
offense is committed without and beyond limits of any in- i 

corporated town or city, count}-, not exceeding one hun- 
dred dollars, and be imprisoned three months in the jail : 
Provided, no authorized agent appointed hereunder shall pi. or1 , e . 
be subject to the liabilities of this section, unless such 
agent shall persist in selling or furnishing such impure or 
adulterated liquor, knowing the same to be such ; prose- 
cutions under this section may be, if the offense is com- 
mitted within the limits of an incorporated city, brought 
before a police magistrate of said city, or by indictment in 
the circuit court of the proper count}, whether committed 
within a city or not; and if the offense be committed with- 
out the limits of a city, then the case may be brought 
before anv justice of the peace of the count}, in manner 
provided in section 203, of chapter XXX, of the Revised 
Statutes. 

§ 36. All laws and parts of laws inconsistent with this Incon gtste B * »♦•.-. 
act shall be repealed when this act goes into operation : reptaied. 
Prodded, that all prosecutions which shall have been com- 
menced at the time this act goes into operation shall be 
carried on to final judgment and execution as if this act had 
not have been passed : Provided, all laws authorizing the 
issuing or granting licenses to sell spiritous or intoxicating 
or mixed liquors shall be repealed from and after the dald 
of the passage of this act. 

§ 37. No officer or other person shall be liable to any officer* not iubi» 
action or prosecution, civil or criminal, in behalf of any t9 prosed***. . 
person or "the people, for the making, issuing, trying or ex- 
ecuting any complaint, warrantor other process under this 
act, or for instituting, prosecuting or trying any suit, pros- 
ecution or other proceeding hereunder : Provided, said of- revise. 
ficer or other person shall have acted in good faith. 



1855. 30 

compikintB of §38. Any married woman who shall complain that liquor 

■anxriwi w.nieu. J J , r 7h 

has been sold to her husband contrary to Jaw, or any widow 
wiio shall complain that liquor has been sold to her son or 
sons contrary to law, may, in the stead or place of the two 
residents required by section twelve of this act, make the 
complaint mentioned in said section twelve, or any other 
section of this act, and may institute and carry on any pros- 
ecution provided by this act. Nothing in this act shall be 
construed to require that a search warrant should be issued 
or executed prior to a prosecution for a violation of any 
section of this act; but such prosecution or prosecutions 
may be instituted and carried on either with or without 
the issuing or executing of such warrant. All prosecu- 
tions for any violations of this act may be by indictment in 
the circuit court oi the county where the offense may be 
committed, anything herein to the contrary notwithstand- 
ing ; but a conviction before a justice of the peace or po- 
lice magistrate shall be a bar to an indictment for the same 
offense, and vice versa. 
when to ta*e ct- § ^" The foregoing provisions of this act shall take 
f8ct - effect on the first Monday of July next : Provided, if a ma- 

jority of the ballots to be deposited as hereinafter provided 
shall be '-against prohibition," then this act shall be of no 
force or effect whatever, 
■lection to be § 40. An election shall be held on the first Monday of 
June next, at the usual places of holding elections accord- 
ing 10 the laws of tiiis state in such case made and provi- 
ded, at which election persons entitled to vote under the 
constitution and laws of this state may express their judg- 
ment and choice in regard to this act, by depositing in the 
ballot box their ballots, with the words "for prohibition," 
or '"against prohibition." Notices of said election shall bo 
given, ana said election shall be conducted according to 
the laws of tins state regulating general elections. Re- 
turns of said election shall be made and canvassed as it 
now provided by law in elections for representatives in 
congress; and when the result of said election is so ascer- 
i,i >i id, the governor of the state shall issue his proclama- 
tion announcing said result, This section shall take effect 
from and after its passage. 

§ 41. The secretary of state shall cause to be published 
•tsute. j n pamphlet form 60,000 copies of this law immediately af- 

ter iue adjournment of the legislature, and shall forthwith 
send to each county clerk of the different counties five 
hundred copies thereof, to be distributed among the peo- 
ph , and it shall be the duty of the county clerks to cause 
said laws to be distributed throughout their counties re- 
spectively . 

Ari j KovED February 12, 1855. 



bold. 



Dnty r,t iscrjtary 



$1 1855. 

A.N ACT defining tli e duties of the Auditorfof Public Accounts relative m force Feb. u, 
to banks going into liquidation. 1856. 

Section 1. Be it enacted hjj the people of the state of 
Illinois, represented in the General Assembly, That when- 
ever any person or association of persons, formed for the A n "?"° \£ c b * a n n ^ 
purpose of banking, under the provisions of "An act to going into iiqm- 

1 i i. i l i p i l ■ "» ) Ti i dation. 

establish, a general system or banking,' 7 passed February 
15, 1851, has heretofore, or shall hereafter, be protested 
and go into liquidation, anj person or corporation may re- 
turn and deliver over to the auditor the circulating notes 
of such bank in sums of not less than one thousand dollars, 
which notes shall be canceled and destroyed, in like 
manner as mutilated notes are required to be canceled 
and destroyed ; and the auditor shall deliver to such per- 
son or corporation, cr to tl eirjagent, an equal amount of 
the securities deposited by such hoik - : Provided, that the Proviso, 
provisions of this section shall only apply in cases where 
tne securities deposited, have depreciated in value below 
the price at which they were deposited. 

§ -2. Any person or corporation desiring to exchange Exchange note* 

? r. ■ • . • • i j r . I c lor becurities. 

notes for securities, as provided for m the toregomg sec- 
tion, may do so at any time before the securities shall 
have been forwarded by the auditor for sale; and in no 
case shall the auditor forward any such securities for sale 
until after the expiration of twenty da\s from the publica- 
tion oi the notice required to be published by the 26th 
section of the general banking law of this state, nor until 
after the expiration of twenty days from the passage of 
this act. If in the opinion of the auditor the assets of the 
bank will not be sufficient to pay the whole amount of the 
notes outstanding, the person or corporation shall pay a 
pro rata share of the expenses incurred up to the date of 
making the exchange, in proportion to the amount of se- 
curities received by him or them. 

§ 3. The necessary expenses incurred bv the auditor, Exp?n?es to t» 

5 , . 1 1 ' r> C ill H a 'd o nt of tho 

in making demands of payment ot notes protested, puo- nS set« of tn« 

lishing notices, making application for the appointment of banfc 

receivers, court fees, attorney lees, and one per cent, on 

the amount of securities, to cover the expense of disposing 

of said securities and redeeming the circulation, shall be 

paid out of the assets of the bank in the hands of the 

auditor; and the expenses incurred by receivers, including 

their compensation, shall be paid out of the assets that 

may come into their hands. 

£• 4. Receivers appointed under the general banking necetverto m»k« 
law of this state, shall report to the auditor, wiihin twenty 1 " epolt " 
da\ s after their appointment, the condition ol the bank, as 
near as practicable, and shall return the circulating notes 
of the bank which may have been redeemed and on hand 



1865. 32 

at the time he or they shall take charge of the assets, and 
shall quarterly thereafter return all such circulating notei 
of the bank, as he or they may redeem; all which circu- 
lating notes shall be canceled and destroyed in like man- 
manner as mutilated notes are rquired to be canceled 
and destroyed. In making descriptive lists of mutilated 
or other circulating notes returned for cancellation, or of 
notes redeemed by the auditor, it shall not be necessary 
to set forth tiie numbers of such notes, but the number of 
notes and the amount of each denomination shall be set 
forth. 

§ 5. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 14, 1855. 



I* force Feb. 14, AN ACT to amend an act entitled " An act to amend the act entitled c Fee§ 
1855 and salaries,'" chapter 41 Revised Statutes. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General •Assembly, That 

witness fee*. every witness attending at any term of any court of record 
in tins state shall be entitled to one dollar for each day's 
attendance; and when said witness resides more than eight 
miles from the place of holding court, five cents per mile 
for each mile's necessary travel, to be computed for going 
only. 

county not nabie § 2. That no county shall be liable in any case for the 
fees provided in the ninth section of this act to which this 
is an amendment. 

a«* repealed. § **• Section ten of the act to which this is an amend- 

ment is hereby repealed. 

§ 4. This act to be in force and take effect from and 
after its passage. 

Approved Feb. 14, 1855. 



In force Jan. 10, AN ACT to imend " An act to establish a general system of banking, and 
1855 the act supplementary thereto," approved Feb. 10, 1853. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Slsscmbty, That when- 
Auditor Denver ever any banking association which has been or may be 

up securities. J . o ...... , .in 

iormed under the act to which this is an amendment, shall 
desiie to close the business of circulating its bills, it shall 



33 1855. 

be lawful for such association to file a certificate in the 
office of the auditor of its desire and intention to withdraw 
its bills Irom circulation; and thereupon it shall be lawful 
for such banking institution to surrender to the auditor its 
bills, in sums of not less than one thousand dollars ; and 
when such surrender shall be made, it shall be the duty 
of the auditor to deliver to such banking association a 
pro rata amount of the securities deposited with him by 
such association. 

§ 2. Whenever any banking association shall surren- Banting assceia- 
der to the auditor any amount of its bills, and shall pay to itscimaatton. 
the auditor an amount, in specie, equal to all the outstand- 
ing bills of such banking association, the auditor shall sur- 
render to such association all the securities deposited with 
him by such association, and the auditor shall return the 
specie so paid to him under the same regulations and for 
the same purposes for which the securities were held. 

§ 3. Whenever any banking association shall file the Banking associa- 
certificate contemplated in the first section of this act, "ca^ flle cer *'" 
with the auditor, said association shall cease to pay out or 
circulate its bills ; and any such banking association which 
shall, after filing said certificate, and withdrawing its se- 
curities, or any portion thereof, under the provisions of 
this act, pay out or issue any of its bills, shall be subject 
to the same penalties which are imposed by the act to 
which this is an amendment, upon persons or associations 
illegally issuing bills for circulation, as or in lieu of 
money. 

5 4. After filing the certificate aforesaid, said bank Bank to cease d«- 

i»i- .i i ii i i i • i tag business. 

filing the same shall cease to do any banking business 
whatever, and also to have any banking powers, except to 
wind up its concerns, collect debts due to it and pay debts 
due from it, to sue and be sued therefor : Provided, that Proviso- 
the auditor shall retain a sufficient amount of stocks at 
their certain value, to pay on the remaining outstanding 
notes of said bank. 

§ 5. This act to take effect and be in force from and 
after its passage. 

Approved Jan. 10th, 1855. 



AN ACT amending tbejfortieth chapter of the Revised Statutes, in relation in force Feb. u, 

to evidence. 1865- 

Section 1. Be it enacted by the people of the state o/ certified copies «t 
Illinois, represented in the General Assembly, That in all ^"nevweow 
cases where any lands or lots have been, or may be sold 
3 



1855. 34 

by this state, or any of the officers thereof, under the au- 
thority of any law of this state, whereof the patent shall 
be signed by the Governor, under the seal of this state, 
and in case said patent has been or shall nurport to be 
recorded in the recorder's office ot the couiitv where 
the lands or lots are situated, and said patent shall o? lost 
or out of the power of the party desiring to use the same, 
to produce in evidence, a copy of the record of said pa- 
tent, certified by the recorder of said county, may be read 
in evidence, in place of said original patent; which copy, 
certified as aforesaid, shall be prima facie evidence of the 
issuing of said patent and of the contents thereof. 
certified copies of § 2. That copies of the books and entries of the sale 
in evidence.™ of all lands or lots heretofore or that hereafter may be 
sold by this state, or any of the officers thereof, under any 
law of this state, certified to be true and correct copies of 
such books and entries by the proper person or officer in 
whose custody said books and entries may properly be, 
shall be prima facie evidence of the facts stated in said 
books and entries. 

§ 3. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 14, 1855. 



]b force Feb. 15, AN ACT to amend an act entitled " An act for the better government of 
1855. towns and cities, and to amend the charters thereof," approved Feb. 27. 

1854. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That all 
police magistrates, when elected, shall severally hold 
their offices for the term of four years, and until others 
are elected and qualified; and in case of the death, resig- 
nation, or removal from the town or city of any of the 
said police magistrates, their offices shall be deemed 
thereby vacated, and such vacancies shall be filled by 
special elections for that purpose, notified and conducted 
in the same manner as is i.ow provided by law for special 
elections for justices of the peace. 

§ 2. This act shall take effect and be in force from 
and after its passage. 

Approved Feo. 15, 1855. 



35 1865. 

AN ACT to repeal part of section 13 of an act regulating the collection of 

tbe revenue. 

Section 1 . Be it enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That so much 
of section thirteen of an act regulating the collection of 
the revenue as authorises the collectors to collect in ad- 
dition to all other taxes, fifty cents from each tax payer, 
provided said payment is not made previous to the first 
day of March annually, be and the same is hereby repealed. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved February 15, 1855. 



AN ACT to amend the assessment and revenue laws. 

THE ASSESSMENT OF PROPERTY AND THE COLLECTION OP 
TAXES, IN COUNTIES ADOPTING THE TOWNSHIP ORGANIZA- 
TION LAW. 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General Assembly, That the Town areas*©*. 
act entitled "An act for the assessment of property and the 
collection of taxes in counties adopting the township or- 
ganization law," approved February 12, 1853, be and the 
same is hereby so amended that wherever the word asses- 
sor or assessors occurs in said act, it shall be held to mean 
"town assessor," or "town assessors," as the case may be. 

§ 2. The return of the schedule or list of taxable pro- Assessment « 
perty belonging to any railroad company or companies, re- ^ lroa ^ P"»p»- 
quired to be made by this act, shall be made to the county 
elerk, instead of the assessor; and the clerk shall lay the 
same before the board of supervisors when they meet to 
equalize the assessment of property. If a majority of said 
board are satisfied that such return is correct, they shall 
assess it accordingly ; but if they believe that such sched- 
ule or list does not contain a full and fair statement of the 
property of such company, subject to taxation in said coun- 
ty, made out and valued in accordance with the require- 
ments of law, said board shall assess such property, or 
cause it to be assessed, in accordance with the rules pre- 
scribed for assessing sue!' property. The schedule or list 
referred to in this section shall be delivered at the office of 
the county clerk of the proper county on or before the first 
day of May in the year in which such property is required 
to be assessed; and if such schedule or list be not so deliv- 
ered within the time specified in this section, it shall be 
the duty of the county clerk to obtain, as near as practi- 
cable, a correct list of the property of such company, with 
the valuation thereof, in each town or district in his coun- 
ty; which list shall be laid before the board; and said board 



1855. 36 

shall take action thereon in like manner as if the return 
had been made by the company, and shall allow the clerk 
such compensation as may be right and proper for his ser- 

%iaii;ity <.nh»n(i vices and expenses in obtaining such list. All property, 

*ruxe<iV >r ' ° whether owned by individuals or corporations, shall be 
listed with reference to the quantity on hand and owned 
on the first day of April instead of May : Provided^ that 
government or other lands not previously listed shall be re- 
turned, and be subject to taxation in accordance with the 
fifty-sixth section of the act mentioned in the first section 
of this act. 

penalty for refu- § 3. Every company, required to make return as afore- 
said, that shall refuse or neglect to deliver to the clerk of 
the proper county, or to his deputy, within the time speci- 
fied in the foregoing section, a correct list of their taxable 
property in such county, made out in accordance with the 
requirements of the laws of this state, shall be liable to the 
penalty imposed by the eighth section of the act referred 
to in the first section of this act. 

H»»ner »t ma- § 4. The schedule or list of the taxable property of 

?r"per l *>- of rait railroad companies shall set forth a description of all the 
"*d». re£ j property owned or occupied by the company in each 

county, towr and city through which such railroad may run; 
and the actual value of each lot or parcel of land, inclu- 
ding the improvements thereon, except the track or super- 
structure of said road, shall be annexed to the description 
of such lot or parcel of land. Said list shall set forth the 
number of acres taken for right of way, stations or other 
purposes, from each tract of land through which said road 
may run, describing said land as near as practicable, in ac- 
cordance with the surveys of the United States, giving the 
width of the strip or parcel of land, and its length through 
each tract ; also, the whole number of acres and the ag- 
gregate value thereof in said county, town and city. All 
of the property mentioned in this section shall be denomi- 
nated real property. The list aforesaid shall set forth the 
length of the main track, and the length of all side tracks 
and turnouts in each county, city and town through 
which the road may run, with the actual value of the same, 
and the value of the improvements at each of the several 
stations, when said stations are not a part of city or town 
lots. The said stations and track shall be denominated 

'u^r^roperty "fixed and stationary personal property." The list shall 
contain an inventory of the rolling stock belonging to said 
company, with the value thereof; said rolling stock shall 

u*nug »tockn. be denominated "personal property ; also, a statement of 
the value of all other personal property owned by said com- 
pany in each county, city and town. The length of the 
whole of the main track within this state, and the total val- 
ue of the rolling stock, shall be set forth in said list. The 



37 1355. 

rolling stock shall be listed and taxed in the several coun- 
ties, towns and cities, pro rata, in proportion as the length 
of the main track in such county, town or city bears to the 
whole length of the road. All other property shall be listed 
and taxed in the county, town or city where the same is 
located or used. The description of all lands owned by ^^j* *' 
any railroad company, for right of way or station purposes, 
other than those which are a part of a laid off town, city 
or village, shall be entered by the assessor on hi^ books, 
as being a strip or tract of land extending on each side of 
the said railroad track and embracing the same, commen- 
cing at the point where the said railroad track crosses the 
boundary line of said county, city or town, and extend- 
ing to the point where the said track crosses the boun- 
dary line of said county, city or town, or to the point of its 
termination in the same, as the case may be, containing 
acres, more or less, (inserting name of county, city or 
town, boundary line of the same, and number of acres,) and 
when advertised by any sheriff or collector, to be sold 
for taxes, or when so sold, no other description shall be 
necessary- If any clerk or assessor as aforesaid shall change oi vai** 

i i i ' \ ■ t> ' ,i c ' J notice t<, t« 

change the valuation or the property as aforesaid, or any given, 
of the same, that shall be returned by any railroad com- 
pany, he shall give notice of such change, as provided for 
in section nine of "An act for the assessment of property 
and the collection of taxes in counties adopting the town- 
ship organization law," approved February 12, 1853. 

§ 5. The county clerk shall furnish, at the expense of Duty of «•«*.** 
the county, suitable blanks for the use of the assessors, and 
he is hereby authorized and required to assess and enter 
on the list for taxation any and all property, whether real 
or personal, that may have been omitted in the regular as- 
sessment list; and if any such omissions be not discovered 
in time to be entered on the tax list of the proper year, he 
shall add the amount of tax due thereon to the tax of the 
following year The list of taxable real estate required to 
be furnished for the use of the assessors shall be made out 
from the collector's book, instead of the assessment lift, and 
the town collectors shall deposit the tax lists or books fur- 
nished them by the county clerk with the county treasu- 
rer, at the time of their settlement with said treasurer; 
and said treasurer shall, within two months thereafter, 
deliver said tax books to the county clerk, who shall de- Pooka to be «**• 
posit them in his office, to be kept as part of the records of '* 
said office. 

§ 6. Eacli assessor shall, at the time of taking a list of Dnty«* arterim 
personal property in the year or years in which the real 
property is not required to be listed, also take a list of all 
real property situate in his town that shall have become 
subject to taxation since the last previous listing of proper- 



1855. 38 

ty therein, with the value thereof, and of all new buildings 
or other structures of any kind, the value of which shall 
not have been previously added to or included in the val- 
uation of the real property on which such structures have 
been erected, and shall make return thereof to the county 
clerk at the same time he makes return of the personal 
property ; in which return he shall set forth a descrip- 
tion of the real property on which each of such structures 
shall have been erected, the kind of structures so erected, 
and the true value added to such parcel of real property 
by the erection thereof; and the additional sum which it is 
believed the land on which the structure is erected would 
sell for at private sale in consequence thereof, shall be con- 
sidered the value of such new structure; and in case of the 
destruction by fire, liood or otherwise of any building or 
structure of any kind which shall have been erected pre- 
vious to the last valuation of the land or lot on which the 
same shall have stood, or the value of which shall have been 
added to any former valuation of such land or lot, the as- 
sessor shall determine, as near as practicable, how much 
less such property would sell for at private sale in conse- 
qnence of such destruction, and make return thereof to the 
county clerk, as in this section provided. In all such ca- 
ses the clerk shall add to the former valuation of such pro- 
perty the amount of the additional value, and deduct from 
the former valuation the amount of decreased value, in ac- 
cordance with the return made as aforesaid : Provided, 
that the board of supervisors shall have power to equalize 
or correct any such returns. If any tract or parcel of land 
shall be subdivided into town or city lots or blocks after 
the previous assessment thereof, it shall be the duty of the 
assessor, at the time of taking a list of the personal pro- 
perty as aforesaid, to assess and return the value of such 
lots or blocks in like manner as if the land had not been 
assessed; and the clerk shall correct the tax list accord- 
ingly. Section forty-nine of the act mentioned in the first 
section of this act, is hereby repealed, provided that the 
town assessors shall call at the clerk's office for the lists, 
blanks, &c. 

REGULATING THE COLLECTION OF THE REVENUE IN COUNTIES 
ADOPTING THE TOWNSHIP ORGANIZATION LAW. 

*«»pro»tti of bond § 7. The act entitled "An act regulating the collection 
of the revenue in counties adopting the township organi- 
zation law," approved February 12, 1853, be so amended 
that the judge of the county court, county clerk and chair- 
man of the board of supervisors shall have power to ap- 
prove of the bond required by the third section of said act, 
in like manner as the board of supervisors have power to 



39 1855. 

approve of such bonds; which bond shall be executed be- 
fore the first day of December in each and every year : 
Provided, that any such bond executed after the time spe- Proviso. 
cified in this section shall not be void in consequence of 
not having been executed within the time aforesaid. But 
in no case shall the county treasurer act as collector, or 
receive any state revenue, until after he shall have execu- 
ted and filed the bond required by the aforesaid third sec- 
tion. 

§ 8. The collector may advertise the list of delinquent Advertises, 
lands and town or city lots upon which any taxes remain 
due and unpaid on the second Monday in March, at any 
time thereafter. 

§ 9. The lands and lots delinquent for taxes of the year sale. 
1854, or for any previous year or years, shall be sold on 
the second Monday in May, 1855 : Provided, that if for any Proviso. 
Cause judgment thereon shall not be obtained at the May 
term of the county court, judgment may be had at any reg- 
ular term of the county court thereafter, and the sale shall 
be on the Monday next after the first day of the term at 
which judgment is obtained; which sale may be continued 
from day to day, as is now provided for by law. 

§ 10. All lands and town or city lots upon which the Lands and lotato 
taxes shall remain unpaid on the second Monday of March 
next, after such taxes become due, shall be considered delin- 
quent; and all such lands and lots shall be sold on the se- 
cond Monday of May next after tiiey become delinquent, 
or as soon thereafter as practicable. Sections fifteen, six- 
teen, eighteen, nineteen, twenty, twenty-one, twenty- two, 
twenty-three, twenty-four and twenty-five of the act men- Eepeai. 
tioned in the seventh section of this act, and all other acts 
or parts of acts conflicting with this act, are hereby repeal- 
ed : Provided, that so much of the aforesaid sections and Proviso. 
laws as requires fifty per cent, and co«ts to be charged 
and collected on the tax of the year 1853, remaining un- 
paid, shall remain in full force. 

§ 11. The fees allowed by law for making out the list Fee* 
of real estate for the use of the assessors shall be paid out 
of the county treasury; and the board of supervisors shall 
allow the clerk such reasonable compensation as may be 
right and just for his services in making out and recording 
the abstract required to be made out and recorded by the 
tenth section of the act mentioned in the seventh section 
of this act, and for making list of delinquent lands and lots 
sold for taxes, for the auditor's office, and for making set- 
tlement with the county collector, and for making certified 
statement of said settlement for the use of the auditor's 
office: all of which shall be paid out of the county trea- 
sury. 



1855. 40 

;t AN ACT FOR THE ASSESSMENT OF PROPERTY," IN COUNTIEi 
NOT ADOPTING TOWNSHIP ORGANIZATION. 



Railroad pwper- § 12. Sections two, three and four of this act shall 
apply to the listing of the taxable property of railroad 
companies, and be in force in all the counties in this state, 
whether such counties have adopted the " Act to provide 
for township organization" or not : Provided, that in 

I'r.jviso. . 11 i ii i ■ ■ .■ ,i 

counties that have not adopted township organization, the 
return shall be made to the assessor, instead of the county 
clerk, and said assessor shall have power, and it shall be 
his duty to obtain a list of such property, if such list be 
not furnished by the company; or if he believe that the list 
furnished is not correct, lie shall correct the same. 

wmj of county § 13. The act entitled "An act for the assessment of 
****• property." approved February 12, 1853, be so amended 

that the county clerk shall furnish, at the expense of the 
county, on or before the first day of April in each year, 
suitable blanks, books, &c, for the use of the assessor, 
and he is hereby authorized and required to assess and 
enter on the list for taxation any and all property, whether 
real or personal, that may have been omitted in the regu- 
lar assessment list, and if any such omissions be not dis- 
covered in time to be entered on the tax list of the pro- 
per year, he shall add the amount of tax due thereon to 

twantitjjonhand the tax of the following year. All property, whether 

^taxedf 111 10 owned by individuals or corporations, shall be listed with 

reference to the quantity on hand and owned on the first 

Prevuo. day of April, instead of May : Provided, that government 

or other lands, not previously listed, shall be returned and 
be subject to taxation in accordance with the fiftieth sec- 

ua ot real es- tion of the act mentioned in this section. The list of tax- 
able real estate required to be furnished for the use of the 
assessors, shall be made out from the collector's book, in- 
stead of the assessment list, and shall be delivered to the 
assessor on or before the first day of April, in the year in 
which real estate is required to be listed ; and the county 

<**«* u> be paid, clerk shall be paid for making said list in accordance 
with the provisions of section fifty-eight of the act men- 
tioned in this section. 

•stF «r assessors § 14. Each assessor shall, at the time of taking a list 
of the personal property, in the year or years in which 
the real property is not required to be listed, also take a 
list of all real property situate in his county, that shall 
have become subject to taxation since the last previous 
listing of property therein, with the value thereof, and of 
all new buildings, or other structures of any kind, the 
value of which shall not have been previously added to 
or included in the valuation of the real property on which 
such structures have been erected, and shall make return 



41 1856. 

thereof to the county clerk, at the same time he makes 
return of the personal property ; in which return he shall 
set forth a description of the real property on which each 
of such structures shall have been erected, the kind of 
structures so erected, and the true value added to such 
parcel of real preperty, by the erection thereof; and the 
additional sum, which it is believed the land on which the 
structure is erected, would sell for at private sale, in con- 
sequence thereof, shall be considered the value of such 
new structure ; and in case of the destruction by fire, 
flood or otherwise, of any building or structure of any 
kind which shall have been erected previous to the last 
valuation of the land or lot on which the same shall have 
Stood, or the value which shall have been added to any 
former valuation of such land or lot, the assessor shall de- 
termine, as near as practicable, how much less such pro- 
perty would sell for at private sale in consequence of such 
destruction, and make return thereof to the county clerk, 
as in this section provided. In all such cases the clerk 
shall add to the former valuation of such property the 
amount of the additional value, and deduct from the former 
valuation the amount of decreased value, in accordance 
with the return made as aforesaid. If any tract or parcel 
of land shall be subdivided into town or city lots or blocks, 
after the previous assessment thereof, it shall be the duty 
of the assessor, at the time of taking a list of the personal 
property, as aforesaid, to assess and return the value of 
such lots or blocks in like manner as if the land had not 
been assessed, and the clerk shall correct the tax lists ac- 
cordingly. 

" AN ACT REGULATING THE COLLECTION OF THE REVENUE 5 ' 
IN COUNTIES NOT ADOPTING TOWNSHIP ORGANIZATION. 

§ 15. The act entitled " An act regulating the collec- Advertise »«* 
tion of the revenue," approved February 12, 1853, be so 8e ' r pr ° s 
amended that the collector may advertise the list of de- 
linquent lands and town or city lots at any time after the 
first day of April next, after the taxes thereon become 
due, and may obtain judgment at the May term of the 
county court, or at any regular term of said court there- 
after ; and shall sell on the Monday next following, the 
first day of the term at which judgment is obtained. All 
lands and town or city lots upon which the taxes shall 
remain unpaid on the first day of April next, after such 
taxes become due, shall be considered delinquent. The 
lands and lots delinquent for taxes of the year 1854, or 
any previous year or years, shall be sold in the year 1855, 
for such taxes, together with the damages and costs charge- 
able thereon. 



1855. 



42 



•v F ' i . i. 



•larka* fees. 



)**w ereatin g 
fund for Insane, 
Blind and Deaf 
and Dumb, re- 
pealed. 



tax of 1364 dis- 
posed »f. 



ftai» of state tax 
tor all purposes. 



§ 16. Section nineteen, so much of section twenty as 
requires collector to make out for his own use, copies of 
the list of delinquent lands and lots, and to file with the 
clerk a statement of the taxes collected by him during the 
month of May, and all of sections twenty-two, twenty- 
three, twenty-four, twenty-five, twenty-six, twenty-seven, 
twenty-eight and twenty-nine of the act mentioned in the 
fifteenth section of this act, and all other acts or parts of 
acts conflicting with this act, are hereby repealed : Provi- 
ded, that so much of the aforesaid sections and laws as re- 
quires fifty per cent, and costs to be charged and collected 
on the tax of the year 1853, remaining unpaid, shall re- 
main in full force. 

§ 17. The county court shall allow the clerk such 
reasonable compensation as may be right and just for his 
services in making out and recording the abstract required 
to be made and recorded by the tenth section of the act 
mentioned in the fifteenth section of this act, and for ma- 
king list of delinquent lands and lots sold for taxes, for the 
auditors office, and for making settlement with the county 
collector, and for making certified statement of said set- 
tlement for the use of the auditors' office, all of which 
shall be paid out of the county treasury. 

§ 18. And be it further enacted^ That so much of sec- 
tion one of an act, entitled " An act to amend the act 
establishing the Illinois State Hospital for the Insane," 
approved February 15, 1851, and so much of an act to 
which it is an amendment, as authorizes the levying of 
any tax for the purpose of creating a " fund for the in- 
sane," and the twelfth section of an act entitled "An act 
to establish the Illinois Institution forthe Education of the 
Blind," approved January 13, 1849, and the first section 
of an act entitled " An act creating a fund for the educa- 
tion of the Deaf and Dumb," approved February 15, 
1851, and so much of any other act or acts as authorizes 
the levying of a special tax for the benefit of the institu- 
tions aforesaid, or either of them, be and the same is here- 
by repealed. 

§ 19. The taxes levied under the acts mentioned in 
the foregoing section for the year 1854 and prior years, 
when paid into the state treasury, and all such taxes now 
in the state treasury, shall be added to the tax levied for 
defraying the ordinary expenses of the state government; 
and the tax for defraying the expenses of the government, 
be and the same is hereby increased one-fifth of a mill, so 
that on the assessment of taxable property for the year 
1855, and annually thereafter, the rate of taxation for 
said purpose, shall be one and one-fifth mill on each dol- 
lars' worth of taxable property; which tax, together with 
the taxes authorized to be levied tor paying the state 






43 1856. 

debt and interest thereon, shall annually hereafter be equal 
to forty-seven cents on every one hundred dollars' valua- 
tion of taxable property. 

§ 20. !So much of the several acts mentioned in thi3 List of n«n.»e«- 
act, as requires a list of the non-resident property to be notrevSrSfc 
made separate from the resident property for tiie use of 
county treasurer or county collector, be and the same is 
hereby repealed, and hereafter the clerk shall include all 
the taxable property, whether owned by residents or non- 
residents, in the tax lists furnished the town collectors. 
All real property returned by the town collectors to the 
county collector as delinquent, shall be considered non- 
resident property, and the county collector shall proceed 
to collect the taxes due thereon by sale or otherwise, as 
provided for by law. Town collectors shall make out and 
deliver to the county collector, at the time of their settle- 
ment, a list of all the delinquent property aforesaid, which 
list shall contain a true description of said property, the 
name of the person to whom listed, the amount of taxes 
charged on each parcel of property, and such other facts 
relative thereto as may be set forth in the list furnished 
him. 

§ 21. The auditor shall obtain from the secretary of Lawpntai»b*i. 
state, a certified copy of this act, and shall cause a suffi- 
cient number thereof to be printed and forwarded to the 
county clerks of the several counties, for the use of the 
officers of said counties. 

§ 22. In counties that have adopted township organi- county collector 

,• .i , i i m i • to collect tax on 

aation, the tax on property owned by railroad companies rallroad prop «. 

•hall not be charged on the tax books made for the use of ty - 

the town collectors, but a certified statement of such tax 

and property shall be delivered to the county collector, and 

said collector shall collect the amount of tax due from 

such company or companies, and pay the same over to the 

state treasurer and other persons authorized to receive it, 

in like manner as taxes due on non-resident property are 

required to be collected and paid over by him. If any 

such company shall neglect or refuse to pay any tax due 

by them, as provided for by law, and the collector cannot 

find property in his county, belonging to such company, 

sufficient to make the amount of tax due as aforesaid, he 

may, and it shall be his duty to prosecute suit therefor in 

any court having jurisdiction thereof in this state. That 

in cases where judgment has heretofore or may hereafter 

be rendered for taxes due on real estate, and from any 

case whatever the collector failed to offer tbe property for 

sale at the time required by law, said collector may offer 

said property, or so much thereof as may be necessary to 

pay taxes and costs remaining unpaid at the time of sale, at 

any subsequent time, by giving notice of the time and place 



1855. 44 

of said sale, which notice shall be published in like manner, 
and for the length of time that notices for judgments and 
sale of such property are required to be published ; and 
in cases of appeals in suits for delinquent taxes, when the 
judgment is affirmed, sale may be made at any time after 
the affirmation of such judgment, by giving notice as afore- 
said. The fees for publishing notice as aforesaid shall be 
charged and collected as other costs. 

§ 23. This act shall take effect and be in force from 
and after its passage. 

Approved Feb. 14, 1855. 



AN ACT to amend an act entitled " An act for the better government of 
towns and cities, and to amend the charters thereof," Approved Feb. 
27lh, 1854. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, 1 hat so 
much of said act as requires the officers therein named 
to be elected at the elections of officers for said towns and 
cities for the year A. D. 1854, be and is hereby so amend- 
ed, that in those towns and cities where they failed to 
elect said officers in the said year 1854, they may elect 
them at the elections to be held therein for said officers 
in any subsequent year. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved Feb. 15, 1855. 



AN ACT to amend the one hundred and ninth chapter of the Revised 
Statutes, entitled «« Wills." 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That all 
wills, testaments and codicils, which heretofore have been, 
or shall hereafter be made, executed and published out of 
this state, may be admitted to probate in any county in 
this state in which the testator may have been seized of 
lands, or other real estate, at the time of his death, in the 
same manner, and upon like proof as if the same had been 
made, executed and published in this state, whether such 
will, testament or codicil, has first been probated in the 
state, territory or county in which it was made and de- 
clared or not. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved, Feb. 14th, 1855. 



45 1855. 

AN" ACT to amend an act entitled " An act to provide for township organ- 
ization." 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General •Assembly, That the 
third section of article twenty-fifth of an act to provide for 
township organization, approved February 17, 1851, be so 
amended that hereafter the village of Naperviile shall be 
entitled to elect one supervisor, in addition to the town- 
ship supervisors, and the supervisor so elected shall be a 
member of the board of supervisors of Du Page county, and 
shall have, possess and enjoy all the rights, powers and 
privileges that are now or hereafter shall be possessed 
and enjoyed by the several township provisions of said 
county. The election for such supervisor to be held at 
such time and in such manner as the act of incorporation 
of the said village of Naperville shall provide. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 14, 1855. 



AN ACT amendatory of an act entitled '' An act to provide for the sale of In force ?et>. i«, 
the stale lands and liquidation of state indebtedness, and to grant the 18S!5 * 

right of pre-emption to settlers on state lands,'-* in force February 14th, 
1853. 

Section 1. Be it enacted by the peojile of the state oj Rtg&t *< s>»- 
llinois, represented in the General •Assembly, That the unds«t«dwt. 
right of pre-emption to state lands, as provided for in the 
eighth section of the above recited act be and they are 
hereby continued in full force and virtue for the further 
period of one year, from and after the thirteenth day of 
February, of the year one thousand eight hundred and 
fifty-five, subject, however, to regulations and restrictions 
prescribed by the said section : Provided always, that p«>vt*»., 
the owners of improvements, at the time of the passage 
of this act to which this is an amendment, made on any 
forty or eighty acre tract of said lands, shall be entitled to 
purchase and have said tract, not exceeding eighty acres, 
at the sum of three dollars and fifty cents per acre. 

§ 2. This act shall take effect and be in force from 
and after its passage. 

Approved Feb. 10, 1855. 



1855. 46 

in force Feb. u, AN ACT to regulate the agencies of insurance companies not incorprj- 
1855. rated by ihe state of llliuois. 

Section 1. Be it enacted by the people of the state of 

Illinois, re presented in the General Assembly, That it shall 

Agents of compn- no t De 1 a w i n 1 for any agent or agents of any insurance 

nies to file certl- . . , i 1 ■ J , 

flcatewithamii company, incorporated by any other state than the state 
tor under oath. ^ Illinois, directly or indirectly, to take risks or transact 
any business of insurance in this state, without first pro- 
ducing a certificate of authority from the auditor of state; 
and before obtaining such certificate, such agent or agents 
shall furnish the said auditor with a statement, under the 
oath of the president or secretary of the company for 
which he or they may act, which statement shall show : — 
1st. The name an 1 locality of the eompany. 2d. The 
amount of its capital stock. 3d. The amount of capital 
stock paid up. 4th. The assets of the company, including 
1. The amount of cash on hand, and in the hands of agents 
or other persons. 2. The real estate unincumbered. 3. 
The bonds owned by the company, and how they are se- 
cured, with the rate of interest thereon. 4. Debts of the 
company, secured by mortgage. 5. Debts otherwise se- 
cured. 6. Debts for premiums. 7. All other securities. 
5th. The amount of liabilities, due or not due to banks or 
other creditors, by the company. 6th. Losses adjusted 
and due. 7th. Losses adjusted and not due. 8th. Losses 
unadjusted. 9th. Losses in suspense, waiting for further 
proof. 10th. All other claims against the company. 11th. 
The greatest amount insured in any one risk. 12th. The 
greatest amount allowed by the rules of the company to be 
insured in any one city, town or village. 13th. The 
greatest amount allowed to be insured in any one block. 
14th. The act of incorporation of such company. Which 
statement shall be filed in the office of said auditor, to- 
gether with a written instrument, under the seal of the com- 
pany, signed by the president and secretary, authorizing 
•«r»icaof prjceg suc h agent to acknowledge service of process, for and in be- 
half of such company, consenting that service of process ur- 
on such agent shall be taken and hold to be as valid as if 
served upon the company, according to the laws of this state 
or any other state, and waiving all claim of error, by rea- 
son of such service. And no insurance company, or agent 
or agents of any insurance company incorporated by any 
other state, shall transact any business of insurance in this 
state, unless such company is possessed of at least one 
hundred thousand dollars of actual capital, invested in 
stocks of at least par value, or in bonds or mortgages of 
real estate, with double the amount for which the s.une is 
mortgaged. And upon the filing of tne af uesaid statement 
and instrument with the auditor of state, and furnishing 



47 1855. 

him with satisfactory evidence of such investment, as 
aforesaid, it shall be the duty of said auditor to issue a 
certificate thereof, with authority to transact business of 
insuiance, to the agent or agents applying for the same. 

§ 2. It shall be unlawful for any agent or agents of ^nlact DUB * 
any company, incorporated by any foreign government nees J 1 * 0- 
other than a state of this union, to transact any business of 
insurance in this state, without procuring a certificate of 
authority from the auditor of state, such agent or agents 
having tirst filed, under oath, in the office of said auditor, 
a statement, setting forth the charter or act of incorpora- 
tion of the company for which he or they may act, and 
the matters required to be specified by the first section of 
this act, and the written authority therein mentioned, and 
furnished evidence to the satisfaction of the auditor of 
state that such company has invested in stocks of some 
one or more of the states of this Union, or of the United 
States, the amount of one hundred thousand dollars, and 
that such stocks are held by citizens of the United States. 
And the said agent or agents of such company, filing said 
statement and furnishing evidences of investment as 
aforesaid, shall be entitled to a certificate of authority in 
like manner as is provided for in the first section of this 
act. 

6 3. It shall be the duty of the agent or agents, in ei- A - Pnts 

., c .i r ' • -iii- statute. . 

tlier of the foregoing sections mentioned, belore taking any county ciern 
risks, or transacting any business of insurance in this state, 
to file in the office of the clerk of the county court oi the 
county in which he or they may desire to establish an agen- 
cy for any such company, a copy of the statement required 
to be filed with the auditor of state as afoiesaid, together 
with the certificate of said auditor, which shall be care- 
fully preserved for public inspection by said clerk ; and 
also to cause said statement and certificate to be publish- 
ed in some newspaper of general circulation in the cities 
of Chicago, Peoria and Springfield, not less than one 
month. 

§ 4. The statement and evidences of investment re- statement to i>« 
quired by this act shall be renewed annually, in the month ™ ewedonnn * 1 - 
of January in each year; the first statement to be made in 
the month of March next; and the auditor of state, on be- 
ing satisfied that the capital, securities and investn ents 
remain secure, shall furnish a renewal of certificate as 
aforesaid; and the company, agent or agents obtaining such 
certificate shall file the same, together with the statement 
upon which it was obtained or renewed, in the. office of the 
clerk of the county court of the county in which such agent 
resides. 

§ 5. Whenever any loss shall occur of any property Agent to retail. 
issued by any company authorised to take risks under this fSSuT** * 



to fli» 
ment wUl 



1855. 48 

act, it shall be the duty of the agent by whom the insurance 
was made, to retain in his possession all moneys belong- 
ing to such company which may then be, or which may 
thereafter come into his possession, until such loss is ad- 

pt«»m». justed and paid : Provided, that if suit shall be commenced 

by the paity insured against such company, the officer or 
ao-^nt may give such satisfactory security to the court in 
double the amount of the claim, to abide the event of the 
suit; or if the party insured shall not commence suit 
within ninety days after the agent shall have given writ- 
ten notice to such party that the loss would not be paid, 
the agent may thereafter pay over to persons entitled, the 
money of said company; and if any person insured by such 
company meeting with a loss shall notify any other agent 
of such company thereof, it shall be the duty of such agent 
to return all the moneys belonging to such company which 
may then be or may thereafter come into his possession, as 
herein! efore required of the agent with whom the insu- 
rance was effected. 

•wtifledooptesio § 6. That copies of all papers required by this act to 
Jrt*Sr* as be deposited in the office of the auditor of state, certified 
under the hand of such auditor to be true and correct 
copies of such papers, shall be received as evidence in all 
courts and places in the same manner and have the same 
force and effect as the originals would have, if produced. 

5 7. Any person or persons violating the provisions of 
this act, shall, upon conviction thereof in any court of 
competent jurisdiction, be fined in any sum not exceeding 
one thousand dollars, or imprisoned in the county jail 
not more than thirty days, and fed on bread and water 
only, or both, at the discretion of the court. Violation of 
the provisions of this act may be prosecuted by informa- 
tion filed by the prosecuting attorney of the proper coun- 
ty, or by indictment of the grand jury. 

§ 8. Any insurance company complying with the require- 
ments of this act and receiving the certificate from the 
auditor, or for any of its agents, shall not be required to 
furnish but the single statement and evidence required 
hereby, which being filed with the auditor of state, shall 
be deemed a sufficient compliance for its free transaction 
of business in this state. 

Approved February 14, 1855. 



49 185ft. 

AN AC T tj relocate a part of a state road in Kendall county. la force Feb- 16, 

1858. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly ', That Archi- 
bald Sears, Thomas Finnery and J. J. Cole, are hereby ap- commission*™. 
pointed road commissioners, to review and relocate a nart of 
the state road leading from Ottawa, La Salle county, to 
Naperville, Du Page county, Illinois, in the year 1837, by 
Benjamin F. Fridley, Isaac P. Hallack and Almon Iris, 
commissioners, appointed by an act of the legislature for 
that purpose. 

§ l. Said commissioners shall, on or before the first Roate0 ' rja<1 - 
day of August, 1855, begin at angle in the centre of said 
road, on town line, between the towns of Fox and Big 
Grove, in the county of Kendall, and state of Illinois, and 
locate said road to the village of Pavillion, following the 
present traveled track, and passing through Baggsley's lane, 
the widow Gridley's lane, John Boyd's lane, the lands of 
James Evans, George Hollenback's lane, over the bridge 
which crosses the Ackley creek or river, the lane formed 
by lands aad enclosures of John A. Cook and Whitman 
Stone, the opening formed by said road in the south west 
end of Long Grove, on the most practicable route, to Pa- 
villion, having regard to the interest of the traveling pub- 
lic, and to the damages to private property holders. 

§ 3. That they shall cause a survey and plat to be piat to he made 
made and recorded with the clerk of the county court of andrecoril '* i - 
Kendall county. 

§ 4. Said commissioners shall be entitled to two dol- Compensation, 
lars per day, each, together with the necessary expenses 
of suiveying, to be paid out of the county treasury of 
Kendall county, on a certificate of the clerk of the county 
court of said c unty of Kendall. 

§ 5. This act to be in force from and after its pas- 
sage. 

Approved Feb. 15, 1855. 



AN ACT to establish a state road in the counties of Johnson, Massac and in force Feb. ift, 

Pope. l8 6S- 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That James commissioner*. 
Hodge and Gritfis Detterlen, of Pope county, William 
Jackson, of Johnson county, and John Wilburn, of Massac 
county, be and they are hereby appointed eommissioners 
to locate a state road leading from New Liberty, in Pope 
county* by way of James Hodge, in said county ; thence 
4 



1855. 60 

to Neely Ford, on Rebenett's Creek ; thence to Robert 
Detterlen's ; thence to William Holms ; thence to Wil- 
liam Jackson's, and thence to intersect the Frankfort road 
leading from Metropolis city to the town of Frankfort, 
at or near N athaniel Conmer's, in Johnson comity. The 
said commissioners, or a majority of them, shall meet at 
New Liberty, in Pope county, on the first Monday of 
March next, or as soor. thereafter as shall suit their con- 
venience, and after taking an oath before some justice of 
the peace, faithfully to perform the duties required of them 
by this act, shall proceed to view, survey, mark ?nd lo- 
cate said road ; shall make a report of the location of said 

r»m»to report, road, giving the most noted points thereon, and return a 
copy of said report to the clerk of the county court of 
each of said counties through which said road passes, 
which shall be filed by him in his office; and said road, thus 
laid out, is hereby declared a public state road, and shall 
be opened and kept in repair in the same manner as other 
public roads are. 

»*mas«-s. § 2. The county court of the respective counties in 

which said road shall be located shall cause to be paid to 
the said commissioners a reasonable compensation for 
their services out of the county treasury ; each county to 
have her equal proportional, as part of said expenses, ac- 
cording to the distance said road shall pass through the 
saino. This act to take effect from and after its passage. 
Approved Feb. 15, 1855. 



m force Feb. 14, AN ACT to changu the boundary lines of a certain school district trier*:?i 
1855. named. 

Section 1 . Be it enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That hereafter 
sew district the west half of section numbered thirty-five, (35,) all of 
»c"ooi pup"- section numbered thirty, (30,) east half of section num- 
■"*• bered thirty-three, (33,) in township numbered four, (4;) 

also, west half of section numbered two, (^,) all of section 
numbered three, (3,) and the east half ol section number- 
ed four, (4,) township numbered three, (3,) all north of 
range numbered ten, ( 10,) east of the third principal me- 
ridian, in the county of Richland, shall form and constitute 
a district for school purposes; and such parts of the origi- 
nal district as are not included within the limits of 
the district as herein provided for, shall be annexed to and 
form parts of the school districts to which they are respect- 
ively contiguous. 

§ 2. This act to take effect from and after its passage. 

Approved Feb. 14, 1855. 



51 1856. 

AN ACT for the relief of Andrew Elliott. In force Feb. v 

1865. 

Be it enacted by the people of the state of Illinois , rep- 
resented in the General Assembly, That Andrew Elliott 
shall be, and he is hereby released from, a recognisance 
for the sum of two hundred dollars, on which judgment 
has been obtained in the circuit court for Sangamon coun- 
ty, against him, as security for Thomas Elliott; which re- 
cognisance was for the appearance of Thomas Elliott in 
said court : Provided, said Andrew Elliott shall first pay 
til costs incurred on said recognisance. 

Approved Fei). 12, 1855. 



AN ACT to establish ami maintain a svstem of free schools. mforce Pet., la. 

1855. 

»TATE SUPERINTENDENT OF PUBLIC INSTRUCTION HIS ELEC- 
TION AND DUTIES. 

Section 1. Be it enacted by the people of the State of Election <>f «.i 
Jtiinois, represented in the General Assembly, That at permt 
the electionto be held on Tuesday after the first Monday 
i*f November, A. D. 1856, and biennially thereafter, there 
siall be elected, by the legal voters of this state, a state 
• uperintendent of public instruction, who shall hold his 
rvifiee foi two years, and until his successor is duly elected 
and qualified. 

§ 2. Before entering upon his duties he shall take and To give bond, 
subscribe the usual oath of office, and shall also execute a 
band in the penalty of twenty-five thousand dollars, pay- 
a>le to the state of Illinois, with sureties to be approved 
by the governor, conditioned for the prompt discharge of 
his duties as superintendent of public instruction, and for 
the faithful application and disposition, according to law, 
•f all school moneys that may come into his hands by vir- 
tue of his office ; said bond and oath shall be deposited with 
*he secretary of state, and an action may be maintained 
thereon by the state, at any time, for a breach of the con- 
ditions thereof. 

§ 3. It shall be his duty to keep an office at the seat Keepomceauu* 
ot government of the state, and to file all papers, reports menu gover " 
an i public documents transmitted to him by the school of- 
ficers of the several counties, each year separately, and 
t> keep and preserve all other public documents, books 
and papers relative to schools coming into his hands as 
*tate superintendent, and to hold the same in readiness to 
be exhibited to the governor^ or to any committee of either 
b .use of the general assembly, and shall keep a fair record 
•f all matters pertaining to the business of his office. 

§ 4. He shall, without delay, pay over all sums of mon- ^•wwaw 
•y which may come into his hands by virtue of his office, 



1865. 52 

to the officer or persons entitled to receive the same, in 
such manner as may be prescribed by law. 

nowise with ^ 5 Jj e shall counsel and advise, in such manner as 
he may deem most advisable, with experienced and prac- 
tical school teachers, as to the best manner of conducting 
common schools, and as to the most approved text books, 
maps, charts, apparatus, &c, to be used in common schools. 

Supervision of § 6. Said superintendent shall have the supervision oi 
s all the common and public schools in the state, and shall 
be the general adviser and assistant of school commissicr - 
ers in the state; he shall, from time to time, as he shaU 
deem for the interest of schools, address circular letters to 
said commissioners, giving advice as to the best manner < . 
conducting schools, constructing school houses, furnishing 
the same, and procuring competent teachers ; he shall re- 
commend the most approved text books, maps, charts and 
apparatus, and uniformity in the use of the same, as well 
as in the manner of conducting schools throughout the 
state. 

voTiiuconntiet* § 7. He shall visit every county in the state at least 
once during his term of office, confer freely with the school 
officers as to the manner of conducting schools, and shall 
deliver a public lecture to the teachers and people of each 
county on the subject of education, if deemed practicable, 
and perform generally such duties as may tend to advance 
the interest of education. 

Rt^on to go\j S 8. Said state superintendent shall, betoic the fifteenth 
day of December of every year preceding that in whit n 
shall be holden a regular session of the general assembly*, 
report to the governor the condition of schools in the sev- 
eral counties of the state, the whole number of schools 
which have been taught in each county in each of the pre- 
ceding years, commencing on the first Monday of Octo- 
ber; what part of said number have been taught by males 
exclusively ; what part by females exclusively ; what part 
of said whole number have been taught by males and fe- 
males at the same time; and what part by males and fe- 
males at different periods ; the number of scholars in at- 
tendance at said schools ; the number of white persons in 
each county under twenty-one years of age ; the amoui 1 
of township and count} fund; the amount of the interest oi 
the state or common school fund, and of the interest of tb< 
township and of the county fund annually paid out; the 
amount raised by an ad valorem tax ; the whole amount an- 
nually expended for schools ; the number of school house.-, 
►! their kind and condition ; the number of townships and part* 

of townships in each county ; the number and description 
of books and apparatus purchased for the use of schools and 
school libraries under the provisions of this act, the prices 
paid for the same, and total an ount purchased, and wha,i 



53 1855. 

quantity and how distributed; and the number and condition 
of the libraries, together with such other information and 
suggestions as lie ma) r deem important in relation to the 
school laws, schools, and the means of promoting education 
throughout the state ; which report shall be laid before the 
general assembly at each regular session. 

§ 9. The said state superintendent of public instruc- Jlake ™i™ »** 
tion shall make such rules and regulations as he may think 
necessary and expedient to carry into full effect the pro- 
visions of this act, and of all the laws which now are or 
may hereafter be in force for establishing and maintaining 
schools in this state ; and the said superintendent shall have 
power, and it shall be his duty, to explain and interpret To interpret th« 

r j j . . ii i i • • * i- ' meaulng of ttila 

and determine to all school commissioners, directors, town- act. 
snip and other school officers, the true intent and meaning 
«f this act, and their several duties enjoined thereby, and 
Ids decision shall be final, unless otherwise directed by the 
legislature, or reversed by a court of competent jurisdic- 
tion. 

§ 11. The said state superintendent shall have power To C8U f e . * cho01 

X r t I commissioners 

to direct and cause the school commissioner of any county, to withhold 
directors or board of trustees or township treasurer of any 
township, or other school officer, to withhold from any offi- 
cer, or township, or teacher, any part of the common school, 
or township, or other school fund, until such officer, town- 
ship, or teacher, shall have complied with all the provisions 
of this act relating to his, her or their duties, and such 
rales and regulations as the state superintendent may pre- 
scribe, not inconsistent with this act ; and the state super- 
intendent may forbid the payment of any part of the com- 
mon school, township, county, or other school fund, to any 
district in which the school or schools have not been kept 
according to law, or in which no school has been kept for 
six months during the year next preceding the demand for 
payment. 

§ 12. And the said state superintendent shall receive s * ,a, 7 ° r tu E er 
annually the sum of fifteen hundred dollars, to be paid 
quarterly, as a salary for the services required under the 
provisions of this act, or any other law that may be pas- 
sed, and also for all necessary contingent expenses, for 
books, postage and stationery pertaining to his office, to 
be audited and paid by the state, as the salaries and con- 
tingent expenses of other officers are paid. 

SCHOOL COMMISSIONERS THEIR ELECTION AND DUTIES. 

5 13. On the Tuesday next after the first Monday in ««»»»•<*■«*•>•«' 

vr i i i m i f - c»ain»lr>n>i»ern. 

iNovember next, and on the luesday next alter the first 
Monday in November, every two years thereafter, there 



1855. 54 

shall be elected, by the qualified voters of each and every 
count)' in this state, a school commissioner, who shall ex- 
ecute the duties herein required. Pie shall, before enter- 
ing upon his duties, take an oath for the faithful discharge 
commissioners to of his duties. He shall, before entering upon his duties, 
execute a bond, payable to the state of Illinois, with two 
or more responsible freeholders as security, to be appro- 
ved by the county court, in a penalty of not less than twelve 
thousand dollars, to be increased at the discretion of said 
court, in proportion to his responsibilities, conditioned that 
he will faithfully perform all the duties of school commis- 
sioner of said county, according to the laws which are cr 
may be in force ; by which bond the obligors shall be bound 
jointly and severally, and upon which an action or actions 
may be maintained by the board of trustees of the proper 
township, lor the use of any township or fund injured bj 
any breach thereof; and joint action may be had for two 
or more funds. 

§ 14. The bond required in the foregoing section shall 
be in the following form, viz : 



State of Illinois, 

County. 



ss. 



Form »f bond. Know all men by these presents, that we, A B, C D, and 
E F, are held and firmly bound, jointly and severally, un- 
to the people of the state of Illinois, in the penal sum of 
dollars, to the payment of which we bind our- 
selves, our heirs, executors and administrators firmly by 
these presents. In witness whereof we have hereunto set 

our hands and seals, this day of , A. D. 185 . 

The condition of the above obligation is such, that if the 
above bounden A B, school commissioner of the county 
aforesaid, shall faithfully discharge all the duties of said 
office according to the laws which now are, or may here- 
after be in force, and shall deliver over to his successor in 
office all moneys, books, papers and property in his hands 
as such school commissioner, then this obligation to be 
void ; otherwise to remain in full force and virtue. 

A B , [seal.] 

C D , [seal.] 

E F , [seal.] 

And which bond shall be filed in the office of the county 
court. 
Liable to remova? § 15. The said commissioner shall be liable to re- 
moval by the county court for any palpable violation of 
law, or omission of duty ; and if a majority of said court, 
shall at any time be satisfied that his bond is insufficient, 
it shall be his duty, on notice, to execute a new bond, to 
be payable, conditioned and approved as the first bond ; 



55 185ft. 

the execution of which shall not affect the old bond, or the 
liability of the security thereon; and when the office of 
school commissioner shall become vacant by death, resig- office becomim; 
nation or otherwise, the county court or board of supervi- |' ( a .Tby np/,',',.n!l 
sors shall fill the same by appointment for the unexpired ment - 
term, and the person so appointed shall hold his office un- 
til his successor shall be qualified. 

§ 16. The said commissioner shall provide three well ^pro*^ 4 ' 
bound books, to be known and designated by the letters A, count of salt* 
B, C, for the following purposes : f n book A he shall record £wuejsre«?<i. 
at length all petitions presented to him for the sale of com- 
mon school lands, and the plats and certificates of valua- 
tion made by or under the direction of the trustees of 
schools, and the affidavits in relation to the same. In bonk 
B he shall keep an account of all sales of common schoo' 
lands ; which account shall contain the date of sale, name 
of purchaser, description of lands sold, and the sum sold 
for. In book C he shall keep a regular account of all 
moneys received for lands sold, or otherwise, and loaned 
&r paid out; the person of whom received, and on what 
account, and showing whether it is principal or interest; 
the person to whom loaned, the time for which the loan 
was made, the rate of interest, the names of the securities 
when personal security is taken, or if real estate is taken 
as security, a description of said real estate, and if paid out, 
to whom, when, and on what account, and the amount paid 
out ; the list of sales, and the accounts of each township 
fund to be kept separate. Said books shall be paid for 
out of the county treasury of the counties in which they 
are used. 

§ 17. Whenever the bond of the township treasurer, ^°™fJ£T* 
approved by the board of trustees of schools, as required 
by law, shall be delivered by the trustees of schools, or 
either of them, to the school commissioner, he shall receive 
and file the same with the papers of his office. He shall 
then, on demand, deliver to said township treasurer, who 
sh"*ll receipt therefor, all moneys in his hands belonging to 
saia township ; also, all bonds, mortgages, notes and secu- 
rities of every description, for money or property due or 
to become due the township, and all papers of every de- 
scriptio i belonging or in anywise pertaining to the rights 
or interests of said township; and the receipt of said trea- 
surer to the school commissioner shall be carefully pre- 
served, and shall be evidence of the facts therein stated, 
as well in favor of the school commissioner as against tha 
township treasurer. 

§ 18. Upon the receipt of the amount due upon the s^ 001 «""■*- 

3, I • i l • • • ■ i sioncr to :;ppor- 

auditor s warrant, as provided in section sixty-nine here- turn state mna.. 
of, the s diool commissioner shall apportion said amount, 
(except the amount allowed said commissioner, as provi- 



It55. 5« 

ded for in section seventy- five hereof,) to tie several 
townships and fractional townships in his county, accord- 
ing to the number of white children under twenty-one 
years of age, returned to him, (as provided for in section 
thirty-eight hereof,) and in which townships or parts of 
townships schools have been kept in accordance with the 
provisions of this act, and with the instructions of the 
state and county superintendents, and shall pay over the 
distributive share belonging to each township and frac- 
tional township, as aforesaid, to the respective township 
treasurers, or other authorized persons, annually. When 
there is a county fund in the hands of any school commis- 
sioner, it shall be loaned, and the interest applied as pro- 
vided in this section with respect to the interest on the 
state fund. 
school commis- § 19. The school commissioner shall, also, en or be- 
toTTpJrintewa- f° re ^e second Monday of November before each regular 
•■*■ session of the general assembly, or annually, if so required 

to do by the state superintendent, communicate to said 
state superintendent all such information and statistics 
upon the subject of schools in the county as the said state 
superintendent is bound to embody in his report to the 
governor, (as provided for in section eight hereof,) and 
such other information as the state superintendent shall 
require ; and the said school commissioner shall also com- 
municate the aforesaid information and statistics to th« 
county convention of his county, at its biennial meetings, 
and at such other meetings as said convention may re- 
quire. 
t» flpiivor r-ror § 20. The school commissioner, upon his removal or 
"1rty»o»ne- resignation, or at the expiration of his term of service, 
(or in case of his death, his representatives,) shall deliver 
over to his successor in office, on demand, all moneys, 
books, papers, and personal property, belonging to th« 
office, or subject to the control or disposition of the school 
commissioner. 
»«*>ooi -»>«*iii«- & 21. The school commissioner may lean any money, 
rttndk " °*" not interest, belonging to the county fund, or to any town- 
ship fund, before the same is called for according to law 
by the township treasurer, at the same rate of interest, 
upon the same security and for the same length of time 
as is provided by this act in relation to the township 
treasurers ; and notes and mortgages taken in the name 
of the "school commissioner" of the proper count), shall 
be, and all loans heretofore made in the name of "school 
commissioners," are hereby, declared to be as valid as if 
taken in the name of "trustees of schools" of the proper 
township, and suits may be brought in the name of " school 
commissioners," on all notes and mortgages heretofore or 
hereafter made payable to school commissioners. 



moneys- 
prop- 

a m* r 



57 18&*. 



sioner t* 
schools lu 



§ 22. It shall be the duty of the school commissioner Commiss 
to visit, as often as practicable, the several schools of his his county" 
county, and to note the common method of instruction and 
brandies taught, and give such directions in the art of 
teaching, and the method thereof, in each school, as to 
him, together with the directors, shall be deemed expe- 
dient and necessary, so that each school shall be equal to 
the grade for which it was established, and that there may 
be, as far as practicable, uniformity in the course of stu- 
dies in the schools of the several grades respectively, and 
ihall carry out the advice and instructions of the state su- 
perintendent. 

§ 23. In all cases where the township board of trus- Dnty oi oom»h- 

p i • i ii r «i if n sioner In case of 

tees of an) township shall fail to prepare and forward, or failure nimau* 
cause to be prepared and forwarded, to the school com- 
missioner, the information and statistics required of them 
in section thirty-eight (38) of this act, it shall be the du- 
ty of said school commissioner to employ a competent 
person to take the enumeration, and furnish said statisti- 
cal statement, as far as practicable, to the commissioner ; 
•lid said person so employed shall have free access to the 
fcooks and papers of said township, to enable him to make 
such statement ; and the township treasurer, or other of- 
ficer or person in whose custody such books and papers 
may be, shall permit said person to examine such books 
and papers, at such times and places as sucli person may 
desire, for the purposes aforesaid ; and the said school 
commissioners shall allow, and pay, to the person so em- compensation. 
ployed by him, for the services, such amount as he may 
judge reasonable, out of any money which is or may come 
into said commissioner's hands, apportioned as the share 
of or belonging to such township ; and the said school 
commissioner shall proceed to recover and collect the 
amount so allowed or paid for such services, in a civil ac- 
tion before any justice of the peace in the county, or be- 
fore any court having jurisdiction, in the name of the state 
of Illinois, of and against the trustees of schools of said 
township, in their individual capacity; and in such suit or 
suits the said school commissioner and township treasurer 
shall be competent witnesses; and the money so recover- 
ed, when collected, shall be paid over to the school com- 
missioner, for the benefit of said township, to replace the 
money taken as aforesaid. 

§ 24. When any real estate shall have been taken for comm'pr auth«? 
debts due to any school fund, the title to which real estate [pa! estate* ** 
has become vested in any school commissioner, or trustees 
af schools, for the use of the inhabitants of two or more 
townships, the school commissioner may re-sell such real 
estate for the benefit of said townships, under the provi- 
sions of this act regulating the sale of the common school 



1856. 



58 



lands ; and the said commissioner is hereby authorized to 
execute conveyances to purchasers ; and said commission- 
er shall he entitled to retain the same per centage on the 
amount of such sale, out of the assets thereof, as he is en- 
titled to for selling common school lands. 

TOWNSHIPS TRUSTEES OF SCHOOLS. 



Qualifications of 
trustees. 



■ l?ction of trui 
fwes. 



Townships. § 25. Each congressional township, as surveyed and 

laid off by authority of the United States, is hereby estab- 
lished a township for school purposes. The business of 

Trustees elected, the township shall be done by three trustees, to be elected 
by the legal voters of the township ; and the said town- 
ship, upon the election of trustees as aforesaid, as herein- 
after provided for, shall be a body corporate and politic, 

Name, style, &c. by the name and style of " trustees of schools, f>f town- 
ship , range ," according to the number. The 

said corporation shall have perpetual existence, and shall 

p«wer.«. have power to sue and be sued, to plead and be implead- 

ed, in all courts and places where judicial proceedings are 

Tonure of trustees had. Said trustees of schools shall continue in office two 
years, and until others are elected and enter upon the du- 
ties of their office. 

§ 26. No person shall be eligible to the office of trus- 
tee of schools, unless he shall be twenty-one years of age, 
and a resident of the township. 

§ 27. The election of trustees of schools shall be on 
the second Monday of January, biennially, but in town- 
ships where sueh election has not been heretofore had, or 
where there are no trustees of schools, the election of 
trustees of schools may be holden on any Monday ; notice 
being given as hereinafter in this section required. The 
first election shall be ordered, if in townships already in- 
corporated, by the trustees of schools of the township, 
the township treasurer giving notice of the time and place, 
by posting up notices of t'.ie game at least ten days pre- 
vious to the day of election, at or in the school house, or 
in the most public place in every schoul district in the 

fioumy cierk ma;- township. If there are no trustees of schools in a town- 
ship, the clerk of the county court shall cause the notice 
to be given as aforesaid. For all subsequent elections, 
the like notices shall be given by the trustees of schools, 
through the township treasurer : Provided, that if, upon 
any day appointed as aforesaid, for election aforesaid, the 
said trustees of schools, or judges, shall be of opinion, 
that, on account of the small attendance of voters, the 
public good requires it, or if the voters present, or a ma- 
jority of them, shall desire it, they shall postpone said 
election until the next Monday, and at the same place 
and hour; at which meeting the voters shall proceed as if 



tfotfce 



live notice. 



59 1855. 

it were not a postponed or adjourned meeting ; And pro- 
vided, also, that if notice shall not have been given as 
above required, then, and in that case, said election may 
be ordered as aforesaid, and holden on the first Monday in 
February, or any other Monday ; notice thereof being giv- 
en as aforesaid. 

§ 28. Two of tlie trustees of schools of incorporated officers «fei«- 
townships, if present, shall act as judges, a:,d one as 
clerk of said election. If said trustees shall fail to attend, 
or refuse to act when present, and in townships unincor- 
porated, the qualified voters present shall choose from 
amongst themselves three judges and a clerk to open and 
conduct said election 

§ 29. The time and manner of opening, conducting, Mode ? f el ««- 
and closing said election, and the several liabilities apper- 
taining to the judges and clerks, and to the voters sepa- 
rately and collective]) 7 , and the manner of contesting said 
elections, shall be the same as prescribed by the general 
election laws of this state, defining the manner of elect- 
ing magistrates and constables, so far as applicable, sub- 
ject to the provisions of this act : Provided, the judges 
may close said election at four o'clock, p. m. 

§ 30. No person shall vote at said election unless he Voters - 
possesses the qualification of a voter at a general election. 
In case of a tie at such election, it shall be determined T **- 
by lot, on the day of election, by the judges thereof. 

§ 31. When a vacancy or vacancies shall occur in the vacancy, 
board of trustees of schools, the remaining trustee or trus- 
tees shall order an election to fill such vacancy, upon any 
Monday ; notice to be given as required in section twen- 
ty-seven hereof. 

5 32. Upon the election of trustees of schools, the pou-ix** «ipis»- 
judges of the election shall cause the poll-book of said 
election to be delivered to the school commissioner of the 
county, with a certificate thereon, showing the election of 
ta^d trustees, and names of the persons elected; which 
poll-book, with the certificate, shall be filed by said com- 
missioner, and shall be evidence of such election. 

§ 33. The said trustees of schools, elected as afore- powers et *h» 
«aid, shall be successors to the trustees of school lands forB. an<,B,, * rt ' 
appointed by the county commissioners' court, and of 
trustees of schools elected in townships under the provi- 
sions of " an act making provisions for organizing and 
maintaining common schools," approved February 26, 
1841, and of "an act to establish and maintain common 
schools," approved March 1, 1847, All rights of proper- 
ty, and rights and causes of action, existing, or vested in 
the trustees of school lands, or trustees of schools appoint- 
ed or elected as aforesaid, for the use of the inhabitants of 
the tonwship, or any part of them, shall vest in the trustees 



1855. 60 

of schools as successors, in as full and complete a manner 
as was vested in the school commissioner, the trustees of 
school lands, or the,trustees of schools appointed and elect- 
ed as aforesaid. 
»ntr of r the § 34. It shall be the duty of the township board of 
township board trustees to hold regular semi-annual sessions on the first 
Mondays ot April and October in each year, and may 
meet at such other times and at such other places as they 
may think proper; and the president of the board, or any 
two members thereof, may call a special meeting of the 
board ; and at all meetings of the board, two of its mem- 
bers shall constitute a quorum to transact any business. 
Said board shall organize by appointing one of their num- 
ber president, and some person who shall not be a director 
or member of the board township treasurer, who shall be 
ex officio clerk of the board. The said president and town- 
ship treasurer shall hold their respective offices during the 
term for which that board of trustees by which they are 
appointed shall have been elected, and until their succes- 
sors are appointed, and until their newly appointed treasu- 
rer has given bond as required by this act; either of said 
officers, however, for good cause, may be removed by the 
board. It shall be the duty of the president, when pres- 
ent, to preside at the meetings of the board ; and it shall 
be the duty of the clerk to be present at all meetings of 
the board, and to record in a book to be provided for the 
purpose all their official proceedings, which shall be a pub- 
lic record, open to the inspection of any person interested 
therein ; and all said proceedings, when recorded, shall be 
signed by the president and clerk. If the president or clerk 
shall be absent, or refuse to peform any of the duties of hii 
office at any meeting of the board, a president or clerk^re 
tempore may be appointed. 
ii«te©3 to pip- § 35. Trustees of schools shall prepare or cause to be 
.Tito- LwnsWp. prepared a map of their township as often as may be ne- 
cessary, on which shall be designated districts to be styled 

district No. in township No. , which they may 

alter or change at any regular session ; which map shall 
be certified by the president and clerk of the board, and 
filed with and recorded by the county clerk, in a book to 
be kept for that purpose, to be paid for out of the county 
treasury. 
* »»tees* duty. § 36. At each of their half yearly meet mgs, on the first 
Monday of April and October, the trustees of schools shall 
proceed to ascertain the amount of state, comity and town- 
ship funds liable to distribution, to wit : tho interest actu- 
FMd«. ally on hand from the state and county sc ool fund, and 

such of the interest, rents, issues and profit- arising from 
the township lands and funds as have accrued and become 
due since their last regular half yearly meeting, except the 



61 1866. 

two per cent, and the three per cent., which the school 
commissioner is allowed to retain. The said trustees shall to distribute 
immediately thereupon proceed to distribute the aggregate 
amount of state, county and township funds thus ascer- 
tained to be liable to distribution, as follows : First, to -Manner of diitn- 
the township treasurer, the two per cent, allowed him ; buti0,u 
second, for the payment of the books of the township trea- 
surer, if anything be due for that purpose ; third, for the 
payment of any reasonable charges for dividing common 
school lands, and making plats, &c, as provided for in this 
act; fourth, the balance they shall apportion on the seve- 
ral schedules certified and returned from each school in 
the township according to law, in proportion to the num- 
ber of days certified on such schedules respectively to 
have been taught since the last regular return day fixed 
by the act or trustees for the return of schedules ; and the 
township treasurer shall, as soon as practicable, pay out 
the money so apportioned to the several persons to whom it 
shall be distributed. The said trustees ol schools shall also collection 
make such orders, not contrary to law, for the collection ,undi - 
of the funds due as in their discretion shall be most for the 
interest of the funds. They shall also, at their said half 
yearly meetings, ascertain the amount of tax money, if any, 
the treasurer has in hands belonging to any school district 
being wholly or partly in his township ; and they shall see 
that the treasurer charges himself in his cash book, in a 
separate column, in favor of the proper district, with the 
amount they shall find to be in his hands belonging to such 
district; and the amount so ascertained to be in the hands 
of the treasurer shall be paid out as in this section direct- 
ed. The trustees of schools shall also examine the certi- Examine •»***- 
ficate of the district directors to which such tax fund be- lcate- 
longs, and they shall thereupon direct the treasurer, by 
orders upon him, to pay the tax money aforesaid to the 
several persons who may appear to be entitled to it accord- 
ing to said certificate. 

6 37, Whenever it may be desirable to establish a,,, ,.„ . . 

s J m Duty of boartu • 

school composed of pupils, residents of two or more dis- education. 
tricts or two or more townships, it shall be the duty of the 
respective boards of education of each of such townships 
to transfer such number of the pupils residing in such town- 
ships as the boards may deem proper to the school so esta- 
blished in the township in which the school house is or may 
be located ; but the enumeration of scholars shall be taken 
in each of such townships as if no such transfer had been 
made ; and such school, when so composed, shall be sup- 
ported from the school funds of the respective townships 
in which the pupils composing such school shall reside, and 
from which they shall have been transferred ; and the board 
of that township in which the school house where such 



1855. 62 

school is kept is located, shall have the control and man- 
agement of such school; and the boards of each of such 
townships so connected for school purposes shall each pay 
its respective share of the entire expenses of every kind 
. incurred in the establishment and support of such school, 
to be computed in proportion to the number ol pupils re- 
siding in each of such townships composing such school ; 
and each board of the townships from which pupils are 
transferred shall draw an order on its township treasurer, 
signed by its president, in favor of the township treas- 
urer whose board shall have the control and manage- 
ment of such school, as the case may be, for the amount of 
its share of the entire expenses aforesaid of such school ; 
and the board of the township having the control and man- 
agement as aforesaid of such school shall pay out of its 
treasury the whole amount required for the establishment 
and maintenance of such schools, in the same manner as 
provided in this act for the establishment and maintenance 

rrovino. of other schools : Provided, however, by agreement of the. 

several boards interested therein, said school may be placed 
under the control and management of such persons as may 
be determined by a majority of said boards. 

§ 38. The board of trustees of each township in this 

statement to be state shall prepare or cause to be prepared by the tewn- 
•uon^sch^u S '''P treasurer, the clerk of the board, or other persos, 
and forwarded to the school commissioners of the county 
in which the township lies, on or before the second Mon- 
day of October, preceding tach regular session of the 
general assembly of this state, and at such other times at 
may be required by the school commissioner, or by the 
state superintendent of public instruction, a statement, 
exhibiting the condition of schools in their respectire 
townships for the preceding biennial period, giving sepa- 
rately each year, commencing on the first Mondays of 
October, and ending on the last of September ; which 
statement shall be as follows : — 1st. The whole number of 

Nwnber «/ schools which have been taught in each year; what part 
of said number have been taught by males exclusively, 
what part have been taught by females exclusively ; what 
part of said whole number have been taught by males and 
females at the same time ; and what part by males and 
females at different periods. 2d. The whole number of 

N-mnerof acboi- scholars in attendance at all the schools, giving the num- 
ber of males and females separately. 3d. The number 
of male and female teachers, giving each separately j 
the highest, lowest, and average monthly compensation 
paid to male and female teachers, giving each item sep- 
arately. 4th. The number of persons under twenty-one 
years of age. 5th. The amount of the principal of the 



IBM. 



63 1855 

township fund ; the amount of the interest on the town- 
■hip fund paid into the township treasury ; the amount 
of state or common school fund received by the township 
treasurer; the amount raised by ad valorem tax, and the 
amount of such tax received into the township treasu- 
ry ; and the amount of all other funds received into the 
township treasury, b'th. The amount paid for teachers' 
wages; the amount paid for school hous« lots ; the amount 
paid for building, repairing, purchasing, lenting and 
furnishing school houses ; the amount paid for school 
apparatus, for books and other incidental expenses tor 
the use of school libraries; the amount paid as compen- 
sation to township officers and others, 7th. The whole 
amount and a full a> count of the receipts and expendi- 
tures for school purposes. 8th. The number of books 
of each kind used in the schools, and the years in which 
each book was purchased, together with such other statis- 
tics and information in regard to schools as the state su- 
perintendent or school commissioner may require. 

§ 39. In all cases where a township i*, or shall be di- sepaiat^euumf 
vided by a county line, or lines, the board of trustees of r8tiont °* e * a <« 
•uch township shall make, or cause to be made, separate 
enumerations of ma!^ and female white persons of the 
ages as directed in t e fifth specification of the foregoing 
aoction thirtj- eight (38) o\ this act, designating sepa- 
rately the number residing in each of the counties in 
which such township may lie, and forward each respec- 
tive number to the proper school commissioner of each of 
•aid counties ; and in like manner, as far as j racticable, 
all other statistics and information enumerated and re- 
quired to be reported in the aforesaid section thirty- eight, 
•hall be separately reported to the several i chool com- 
missioners ; and all such parts of said statistical informa- 
tion as are not susceptible of division, and are impractica- 
ble to be reported separately, shall be reported to the 

• cliool commissioner of the county in which the sixteenth 

• ection of such township is situated. 

§ 40. At each semi-annual meeting, and at such other B<x>k««a.i wmch- 
meetings as they m»y think proper, the said township 1 e "i obe "**"" 
board shall examine A\ books, notes, mortgages, securi- 
ties, papers, moneys and effects of the corporation, an ! 
the accounts and vouchers of the township treasurer, or 
other township school officer, and shall make such order 
thereon for their security, preservation, collection, cor- 
rection of errors, if any, and lor their proper manage- 
ment, as may seem to said board necessary. 

§ 41. The board of trustees of each township in the Donatio** 
atate may receive any gift, grant, donation or demise, 
made for the use of any school or schools, or library, or 
other school purposes within their jurisdiction ; and they 



1855. 64 

shall be and are hereby invested, in their corporate capa- 
city, with the title, care and custody of all school houses, 
school house sites, school libraries, apparatus or other 
property belonging to anj school district as now organ- 
ized, or which may be within the limits of their jurisdic- 
tion, with full power to control the same in such manner 
as they may think will promote the intereit of schools and 
the cause of education ; and when, in the opinion of the 
school directors, the school house site has become unne- 
cessary, or unsuitable or inconvenient for a school, said 
board may sell and convey the same in the name of said 
board ; and such conveyance shall be executed by the 
president and clerk of said board, and the avails shall be 
paid over to the township treasurer for the benefit of 
schools ; and all conveyances of real estate which may be 
made to said board shall be made to said board in their 
corporate name, and to their successors in office ; and 
said board may purchase and hold such real estate and 
personal property as may be necessary for the establish- 
ment and support of schools. 
Money t« be paid § 42. The township board shall cause all moneys for 
■ww. ' the use of the township to be paid over to the township 

treasurer. They shall have power, also, to remove the 
township treasurer at any time, for any failure or refusal 
to execute or comply with any order or requisitions of 
said board, legally made, or any other improper conduct 
in the discharge of his duty as treasurer, or at any time 
they may deem such removal expedient. They shall also 
have power, for any failure or refusal as aforesaid, to sue 
him upon his bond, as provided in section fifty-nine hereot 
frautees to pur- § 43. Tiie township trustees are hereby vested with 
«ua*er*aie<itat« g enera { p OWer an J authoiity to purchase real estate, if in 
their opinion the interests of the township fund will he 
promoted thereby, in satisfaction of any judgment or de- 
cree wherein the said board or school commissioner are 
plaintiffs, or compla : nants ; and the title of such real 
estate so purchased shall vest in said board, for the use of 
the inhabitants of said township, for school purposes ; and 
all purchases of land heretofore made by school commission- 
ers , or trustees of school lands, or trustees of schools, 
for the use of any fund or township for the use of schools, 
are hereby declared valid. The said boaid are hereby 
vested with general power and authoiity to make all 
settlements with persons indebted to them in their offi- 
cial capacity ; or receive deeds of real estate in compro- 
mise ; and to cancel, in such manner as they may think 
proper, notes, bonds, mortgages, judgments and decrees, 
existing, or that may hereafter exist, for the benefit of 
the township, when the interest of said township, or 
the fund concerned, shall, in their opinion, require it, 



65 1856. 

it, and their action shall be valid. Said board of educa- 
tion are hereby authorized to lease or sell, at public auc- 
tion, any land that may come into their possession, in 
such manner and on such terms as they shall deem for the 
interest of the township: Provided^ that in all cases of Pr 0T ,„.. 
sale of land, as -provided in this section, the sale shall be 
made at the same place, and notice given of it in the same 
manner, as is provided in this act for the sale of the six- 
teenth section. 

SCHOOL DIRECTORS THEIR ELECTION AND DUTIES. 

§ 44. It shall be the duty of the legal voters within Election mscho< 
each school district to meet at the school house, or other 
convenient place in the district, on the first Monday of 
October next, or as soon thereafter as the township may 
be laid off into districts, and on the first Monday of Oc- 
tober biennially thereafter, and elect three persons within 
the district, to be styled school directors, who shall con- 
tinue in office for the term of two years, and until their 
successors are elected. But the first election may be held 
on any Monday, notice being given by the township treas- 
urer, according to the provisions of this act. The legal 
voters, when assembled, shall choose three of their num- 
ber to act as judges, and one as clerk, at such election. 
In case of a tie of said election for school directors, it 
shall be determined by lot on the day of the election, by 
the judges thereof. 

§ 45. A majority of said directors shall constitute a Powers «t Aw**. 
quorum to do business ; and the board, when convened, 
shall have power to purchase libraries for the district, to 
be paid for out of the tax funds of the district : They shall 
establish a sufficient number of common schools for the 
education of every individual person over the age of 
five and under twenty- one years, in their respective dis- 
tricts; and shall make the necessary provision for contin- 
uing such schools in operation for at least six months in 
each year, and longer if practicable. They shall cause suit- 
able lots of ground to be procured and suitable buildings 
to be erected, purchased or rented for school houses, shall 
supply the same with furniture and fuel, and make all 
other provisions relative to schools which they may deem 
proper. They shall exercise a general supervision over 
the schools of their respective districts, and shall, by 
one or more of their number, visit every school in the 
district at least once a month, and shall cause the re- 
sult of such visit to be entered on the records of the 
board. They shall have the appointment of all the teach- 
ers of the schools in the district, shall fix the amount of 
5 



1855. 66 

teachers' salaries or compensation, and may dismiss them 
at any time for incompetency, cruelty, negligence or im- 
morality ; shall direct what branches of learning shall be 
taught in each school, and maj suspend or expel from the 
school all pupils found guilty, on full examination and 
hearing, of refractory or incorrigibly bad conduct. Said 
school directors are hereby authorised to receive and hold, 
by their name of school directors, for the use of schools 
in the district, any book purchased for or donated to the 
district library; and the same shall be kept and con- 
trolled and loaned to the inhabitants of the district, tinder 
twenty-one years of age, according to rules prescribed by 
said directors. But the librarian shall in no case receive 
any compensation out of the common school or township 
fund for his services as librarian. 



OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF TRUS- 
TEES OR SCHOOL DIRECTORS. 



jwinweBt and § 46. If judgment shall be obtained against any town- 
£mHM.* ga P8t ship board of trustees or school directors, the party enti- 
tled to the benefit of such judgment may have execution 
therefor, as follows, to wit: it shall be lawful for the court 
in which such judgment shall be obtained, or to which such 
judgment shall be removed, by transcript or appeal from, a 
justice of the peace, or other court, to issue thence a writ, 
commanding the directors, trustees and treasurer of such 
township to cause the amount thereof, with interest and 
costs, to be paid to the party entitled to the benefit of 
said judgment, out of any moneys, unappropriated, of 
said township ; or if there be no such moneys, out of the 
first money o applicable to the payment of the kind of ser- 
vices or indebtedness for which such judgment shall be 
obtained, as provided in section sixty- five of this act, which 
shall be received for the use of such township ; and to 
enforce obedience to such writ by attachment, or by man- 
damus, requiring such board to levy a tax for the payment 
of said judgment; and all legal process, as well as writs to 
enforce payments of a judgment, snail be served either 
on the president or clerk of the board. 



EXAMINATION AND QUALIFICATION OF TEACHERS. 

■xammation and § 47. The school commissioner shall, either by himself, 

taacL tt e«! lon Ct or any person or persons, whom he shall appoint, examine 

such person or persons proposing to teach a common school 



67 1855, 

in t! : county, in relation to his or lier qualification to teach 
orti jrapny, reading in English, penmanship, arithmetic, 
English grammar, modern geography, and the history of 
the United States; and if he or they shall be satisfied that 
•uch person sustains a good moral character, and is quali- 
fied p roperly to teach all the aforesaid branches, lie or 
the} shall give such person a certificate of qualification ; 
which certificate shall be good and valid in said county 
for two years from the date thereof, and said certificate 
may be renewed, at its expiration, by indorsement thereon 
by the said commissioner, or examiners. The said cer- 
tificate to the teacher may be in the folio wing form, viz: 

Illinois. 18 — 



The undersigned having examined , and being Fonn or cerun- 

■atii led that sustains a good moral character, here- t * t *' 

by certify that is qualified properly to teach the fol- 
low ing branches, viz: orthography, reading in English, 
penmanship, arithmetic, English grammar, modern geog- 
ra., , and the history of the United States; which cer- 
tified,^ is good and valid in said county for two years from 
the date hereof, renewable at the option of the school 
comuiissioner or of any two members of the board of ex- 
aminers, by his or their indorsement thereon. 

Given under hand, at the date aforesaid. 

A B , School Commissioner. 

C— D-— , j ExMlinm , 

Provided, that each and every school, or schools, of what- r-rovi«o. 
ever grade, established or authorized to be established 
under the provisions of this act, shall be a school or schools 
for the purpose of teaching various branches of an English 
education; and no part of the common school fund, town- 
ship fund, or of any other school fund, shall be paid out 
or appropriated for the establishing, conducting, or the 
iupporting in any manner of any other character or class of 
■chool, or schools, as aforesaid designated : P orided, that 
nothing herein contained shall prevent the teaching a for- 
eign language in a common school a3 aforesaid. 

8 48. It shall be the duty of the school commissioner Melange for «- 

. i, , . fill-" r a1 • omination et 

lo nx upon toe time or holding meetings tor the examma- teachers. 
tion of teachers, in such places in their respective coun- 
ties, as will in their opinion best accommodate the great- 
est number of candidates for examination ; notice of ail 
such meetings having been published in some newspaper Publication or 
of general circulation ; and all teachers who do not attend noUce * 
at the appointed time for said examination, shall pay to 
the school commissioner, one dollar for their certificate. 



1856. 



68 



TEACHERS THEIR DUTIES. 



fublblt 



§ 49. No teacher shall be entitled to any portion of 
the common school or township fund, or other public fund, 
or be employed to teach any school under the control of any 
board of education of any township in this state, who shall 
not, before his employment, exhibit to said board, or to a 
committee of said board, a certificate of qualification ob- 
tained under the provisions of this act ; nor shall any 
teacher be paid any portion of the school or public fund 
aforesaid, unless he shall have kept and furnished sched- 
ules as herein directed. 

§ 50. Teachers shall make schedules of the names of 
all scholars under twenty-one years of age, attending their 
schools, in the form prescribed by this act ; and when 
scholars reside in two or more districts, townships, or 
counties, separate schedules shall be kept for each dis- 
trict, township, or county ; and the absence or presence 
of every scholar shall be set down under the proper date, 
and opposite the name, on every day that the school is 
open ; and the absence of a sholar shall be signified by a 
blank — the presence by a mark. The schedule to be 
made and returned by the teacher shall be, as near as cir- 
cumstances will permit, in the following form, viz : 



of ached- SCHEDULE of a Common School, kept by A B,at , m district number , in 

township sixteen north, range Jive, east of the third principal meridian, in the county 
of , in the state of Illinois. 



Names of scholars attending 
my school, and residing in 

district number , in 

township . north, range 



• west, in • 



■county. 



John Smith,. ... 
Isaac Mealier,... 
Sarah Danforth,. 
Mary Newman,. 



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Giand total number of days, 69 



And said teacher shall add up and set down the whole 
number of days' attendance of each scholar, and add up 
said whole numbers, and make out the grand total number 
of days' attendance, as in the form above prescribed, and 



69 1865. 

shall attach thereto his certificate, which shall be in the 
following form, viz : 

I certify that the foregoing schedule of scholars attend- 
ing my school, as therein named, and residing as specified 
in said schedule, to the best of my knowledge and belief, 
is correct; and that it was a school for the purpose of teach- 
ing various branches of an English education. 

A B, Teacher. 

Teachers shall also include in said schedule, or furnish Names at fchoi'rs 
a separate report, containing the name of each scholar, 
and the name of each book used by each scholar, and the 
year in which each book was purchased : Provided, said provis*. 
schedule shall not include any book reported in a former 
schedule. When the teacher shall have completed his or 
her schedule or schedules, as above required, he or she 
shall deliver it to some one of the directors or to a com- 
mittee of at least two members of said board appointed 
for the purpose ; and it shall be the duty of said direc- 
tor, in connection with some other director of the board, 
or of said committee, to carefully examine such schedule 
or schedules, and after correcting all errors, and if they 
shall find such schedule to have been kept according to 
law, they shall certify to the same, as near as practicable, 
in the following form, viz : 

State Of Illinois, ) Form of certW 

J 7 , > SS. cat*. 

county ) 

We, the undersigned, directors of the board of education 
in township number , range number , in the coun- 
ty aforesaid, certify that we have examined the foregoing 
schedule, and find the same to be correct, and that the 
school was conducted according to law. . That there is 
now due said C D, teacher, as per contract, the sum of 

dollars and cents, and that the said teacher has 

a legal certificate of good moral character and of qualifi- 
cation to teach a common school, (or of such a grade as 
the case may be.) 

Witness our hands, this day of , A. D. 185-. 

A B > 

nn'[ Directors of the Board of Education. 

Which schedule or schedules, certified as aforesaid, by sch<?<iuu 10 b« 
at least two directors of the board of education, shall he m<Hi " 
filed by said directors with the township treasurer; and un- 
til such schedule and report, as aforesaid, shall have been 
filed as aforesaid, it shall not be lawful for said treasurer 
to pay said teacher, or for the board of education, or any 



1855. 70 

two members thereof, to draw an order in favor of said 
teacher, as provided in section seventy hereof, 
•toeetors limited § 51. School directors shall certify no schedule that 
^bed > oie d . ate ° f reaches hack to a time more than six month-' from the time 
fixrd by law for the regular return and presentati >n of 
schedules to the school directors. Schedules made and 
certified as aforesaid shall, at least two days bef< re the first 
Saturday of April and October, be delivered bj- the direct- 
ors to. the township treasurer. 

TOWNSHIP TREASURER HIS DUTIES. 






•**«««■*<* i««ire § 52. The township trea r urer appointed by the board 
"* ' of trustees, as provided in section thirty-four of this act, 

shall, before entering upon his duties, execute a bono, with 
two or more freeholders, who shall not he members of the 
board of education, as securities, payable to the board'of 
the township for which he is appointed treasurer, with a 
sufficient penalty to cover all liabilities which may be in- 
curred, conditioned faithfully to perform a!! the duties of 

township treasurer, in township , range , in. 

county, according to law. The security shall be appro- 
ved by at least a majority of the board of education, and 
shall be delivered by one of the directors to the school 
commissioner of the proper county. And in all eases 
where such treasurer aforesaid is to have the custody 
of all bond.-, notes, mortgages, moneys and effects denomi- 
nated principal, and belonging to the township for which 
he is appointed treasurer, the penalty of said treasurer's 
bond shall be twice the amount of said bonds, notes, mort- 
gages, moneys and effects. And every township treasurer 
appointed subsequent to the first, as herein provided, shall 
execute bond, with security, as is required of the first trea- 
surer. 

§ 53. The bond required in the foregoing section shall 
be in the following form, viz : 

«r.«n ftxmc!. State of Illinois, ) 

county, ) 

Know all men by these presents, that we, A B, C D and 
E F, are held and firmly bound, jointly and severally, un- 
to the board of — , in said county, in the penal sum 

f dollars, for the payment of which we bind 

ourselves, our heirs, executors and administrators firm- 
ly by these presents. In witness whereof, we have here- 
unto set our hands and seals this day of , A. D. 

18—. 
The condition of the above obligation is such, that if the 

above bounden A B, township treasurer of township , 

range , in the county aforesaid, shall faithfully dis- 



71 1865. 

•harge all the duties of said office according to the laws 
which now are or may hereafter be in force, and shall de- 
liver to his siiccessoi in office all moneys, books, papers, 
securities and property in his hands as such township ttfea- 
jation to be void, otherwise to remain 
in full force and virtue. 

A B , [skal.] 

C D , [seal.] 

E F , [seal. J 

Approved and accepted by G H, J Blrec/ors ofthe Buard 

ir \ i of Education. 

lv Li, J 

§ 54. Every township treasurer shall provide himself ^ n8 £ lD £^S» 
with two, well bound books, thfi one to be called a cash books audse«> 
book, the other a loan book. He shall charge himself in i.e/raeeiv'wi. 
the cash book with ail moneys received, stating the charge, 
when, from whom and on what account received; and credit 
himself with all moneys paidor loaned, the amount loaned, 
Jilv 'late of the loan, the rate of interest, tli . , 

payaoie, l', 1h name ofthe securities, or if real estate be ta- 
ken, a description of the same. ' m He shall also enter in 
leparate accounts moneys received and moneys paid out, 
charging the first to debit account, and crediting the lat- 
ter as follows, to wit : 1st. The principal of the township 
fund, when paid in, and when paid out. 2d. The interest 
oi me toivn^hip fund, when received', and when paid out. 
3d. The common school fund and other funds, when re- 
^ e * ve Mrom the school commissioner, and when paid out. 
4th, The taxes received from the county collector, dis- 
tinguishing between that for general school purposes and 
rJJ* jeyie^ for the purpose of prolonging schools, as pro- 
vided m section seventy-five of this act. 5th. Donations 
received. 5th. Moneys coming from all other sources ; 
and in all ca*es entering the date when received and 
when paid out; and he shall also arrange and keep his 
books and accounts in such other manner as may be di- 
rected by the state or county superintendent, or the board 
of trustees. He shall also provide a book, to be called a 
journal, in which he shall record fully and at length the 
acts and proceedings of the board, their orders, by-laws 
ana resolutions; whieh book shall be at all times sub- 
ject to the inspection of said board, or other persons au- 
thorised by this act, or of any committee appointed by 
the inhabitants of the township to examine the same. 
Ami lie shall also provide a book to be called a re- 
cord, m which he shall enter a brief description of all 
notes or bonds belonging to the township, and upon the 
opposite page he shall note down when paid, or < ny re- 



1865. 72 

marks to show where or in what condition it is, as in the 
following form, viz : 



Makers' 
names. 


Date of note. 


Whendue. 


Amount. 


Remarks. 


A B, C D, 

B F. 


January 1, 
1S69. 


January 1, 
1845. 


$ 90 00 


January 6, »4S, handed U 
I J, esq., fur collection (or 
January 6, '47, paid.) 



Tov.n6hip to loan 
funds. 



§ 55. The township treasurer shall loan, upon the fol- 
lowing conditions, all moneys which shall come to their 
hands by virtue of their office, except such as may be sub- 
ject to distribution according to section hereof. The 

rate of interest shall be ten per centum per annum, paya- 
ble half yearly in advance. The time for which loans 
shall be made shall not be less than six months, nor more 
than five years. For all sums not exceeding one hundred 
dollars, loaned for not more than one year, two responsi- 
ble securities shall be given ; for all sums over one hundred 
dollars, and for all loans for more than one year, ser>" in; y 
shall be given by mortgage on real estate, unencumbered, 
in value double the amount loaned, with a condition that 
in case additional security shall at any time be required, 
the same shall be given to the satisfaction of the board of 
trustees for the time being. Notes, bonds, mortgages and 
other securities taken for money or other property, due or 
to become due to the board of trustees for the town?inp, 
shall be payable to the said board by their corporate name; 
and in such name suits, actions and complaints, and every 
description of legal , proceedings, may be had for the 
recovery of money, the breach of contracts, and for every 
legal liability which may at any time arise or exist, or 
upon which a right of action shall accrue to the use of 
this corporation : Provided, however, that notes bonds, 
mortgages and other securities in which the name of 
the school commissioner, or of the trustees of schools, 
are inserted, shall be valid to all intents and purposes; and 
suit shall be brought in the name of the board of trustees 
as aforesaid. The wife of the mortgagor (if he has one) 
shall join in the mortgage given to secure the payment of 
money loaned by virtue of the provisions of this act. 

§ 56. Mortgages to secure the payment of money 
loaned under the provisions of this act, may be in the fol- 
lowing form, viz : 



tmtva of tnort- 



-, and state of 



do 



I, A B, of the county of 
hereby grant, convey and transfer to the board of trus 
tees ot township , range , in the county of -, 

d stnte of Illinois, for the use of the inhabitants of said 



an 



73 1855. 

township, the following described real estate, to wit : 
(Here insert the premises.) Which real estate I declare 

to be in mortgage for the payment of -$' loaned to me, 

and for the payment of all interest that may accrue there- 
on, to be computed at the rate of per cent, per annum 

until paid. And I hereby covenant to pay the said sum 

of money in years from the date hereof, and to 

pay interest on the same at the rate aforesaid, half yearly 
in advance. I further covenant that I have a good and 
valid title to said estate, and that the same is free from all 
incumbrance ; and that I will pay all taxes and assessments! 
which may be levied on said estate ; and that I will give any 
additional security that may at any time be required by 
said board of education ; and if said estate be sold to pay 
said debt, or any part thereof, or for any failure or refusal 
to comply with or perform the conditions or covenants 
herein contained, I will deliver immediate possession of 
the premises And in consideration of the premises, C, 
wife of said A B, doth hereby release to the said board all 
her right and title of dower in the aforegranted premises, 
for the purposes aforesaid. 

In testimony whereof we have hereunto set our hands 

and seals, this day of , 18 — . 

A B . [seal, j 

C D . [seal.] 

Which mortgage shall be acknowledged and recorded Mortgage u »« 

required by law for other conveyances of real estate, 

mortgagor paying the expenses of acknowledgment 

v recording, and fifty cents as a fee to the township 
trey.,., 

+ V Up on the breach of any condition or stipulation 
eo ^ \& in said mortgage, an action may be maintained 
ana d^g es recovered as upon other covenants ; but 
njortgagV made in any other form to secure payment as 
aioresaid V^ ^ e v& \{^ as [f no f orm had been prescribed. 
In estimatiV the value of real estate mortgaged to secure 
the payment^- monev l oan ed under the provisions of this 
law, the valiY of i mpr0 yements liable to be destroyed 
•nail not be mOl^^ 

§ 58. In allv seg w h ere the board of trustees shall Additional •*•• 
require additionaV security for the pavme nt of money nty ' 
loaned, and such s^ rity sha u not be given> the township 
treasurer shall caus& uit to be i nst ituted for the recovery 
ot the same, and all irVp rest thereon, to the date of judg- 
ment : Provided, thatVpof be made of the said requisi- Provi«, 
tion. In the payment ofa PD ts by executors and adminis- 
trators, those due the common scho ol or township fund 
shall nave a pr Terence ove\ a ll other debts, except fune- 
ral and other expenses attending the last sickness, not in- 



is 



1855. 74 

eluding the physician's bill. And it shall be the duty of 
the township treasurer to attend at the oliice of the pro- 
bate justice upon the proper day, as other ci i , and 
have any debts due as aforesaid probated and classed, te 
be paid as aforesaid. 
Do/ami m pay- § 59. jf nVfault be made in the payment of interest 

mont of Interest , a . _.. _ ii 

due ii[)on money loaned ( by j any school commissioner or 
township treasurer, or in the payment of the principal, 
interest at the rate of twelve per cent, per annum shall 
be charged upon the principal and interest from the day 
of default, which shall be included in the assessment of 
damages, or in the judgment in suit or action brpught up- 
on the obligation to enforce payment thereof; and inter- 
est as aforesaifl may be recovered in action broughtto re- 

*Tios mim. cover interest only. And the said township treasurer* 
aie hereby empowered to bring appropriate actions, in the 
name of the board of trustees, for the recovery of the half 
yearly interest, when due and unpaid, without suing for 
the principal, in whatever form secured, and justices of 
the peace shall have jurisdiction in such cases of all sumf 
under one hundred dollars. 

ah nits «nd «e- s 60. Ali suit s brought, or actions instituted under th» 

IsMona to bebio't s . . - , . . ° , . , . . ., , 

in the name of provisions or tins act, may be brought in the name of 

*h»b#ard. ^ e «i board trustees, of township , range ," except 

as is provided for action qui tarn in this act, or in favor of/ 
school commissioners. The township treasurer shall d 
mand, receive and safely keep, according to law, ell m 
eys, books and papers of every description belonging 
his township. He shall keep the township fund loan/ * 
interest; and if on the first Monday of April in an/. , 
there shall be any interest or other funds on haie/ 
shall not he required (or distribution, such amouj^ . , 
quired as aforesaid shall forever be considered a/^ n P 
in the funds to which it belongs, and loaned asA \ * 

•wtament to be § 61. On the first Mondays ot April ail/v \ ', 

male in April „ ' „ ,i . > ■ ± i 11 A beiOl'e tll» 

aadootober. every year, tlie township treasurer shall/'' f . 

board of trustees a statement, showing t!uA loun * * n ~ 
terests, rents, issues and profits that hay/ ccrue J» or be " 
come due since their last regular half &'} meeting, on 
the township lands and township funds, ar also the amount 
of state and county fund interest on hf> (1 - 1 tle ? hal1 also 
lay before the said trustees all book*, >) es > b »" ds ' mor ;" 
gages, and all other evidence of i./e^dness belonging to 
the township, for the examination^ 1 ' 6 trustees, and shall 
make such other statement as the fard may require touch- 
ing the duties of hi^ office. A n *i l 

p-utr. ^ 62. For any failure or *e«sal to perform all the du- 

ties required of township tJ&urer by law, he shall be li- 
able to the board of trustee* 4>on his bo>- 



75 1856. 

•d by action of debt by said board, in their corporate 
name, for the use of the proper township, before anj court 
having jurisdiction of the amount of damages claimed ; 
but if said treasurer, in any such failure or refusal, acted 
under and in conformity to a requisition or order of ''aid 
board, or a majority of them, entered upon their journal 
and subscribed by their president and clerk, then and in 
that case the members of said board (foresaid, or those 
of them voting for said requisition or order as aforesaid, 
and not the treasurer, shall be liable, jointly and seve- 
rally, to the inhabitants of the township, to be recover- 
ed by action of assumpsit, in the official name of the 
ichool commissioner, for the use of the proper t >wnship. 

§ 63. When a township treasurer shall resign, or be Bjn^mortse*** 
removed, and at the expiration of his term of office, he uverea° t» •»•- 
■hall pay over to his successor in office all money on hand, ceesor 
and deliver over all books, notes, bonds, mortgages, and 
all other securities for money, and all papers anc; docu- 
ments of even description, in which the corporation may 
have any interest whatever, and in case of the death of 
the township treasurer, his securities and legal representa- 
tives shall be bound to comply with the requisitions of 
this section. And for any failure to comply with the re- 
quisitions of this section, he shall be liable to a penalty of 
not less than ten, i or more than one hundred dollars, at 
the discretion of the court before which judgment maj be 
obtained ; and the obtaining or payment of .said judgment 
■hall in nowise discharge or diminish the obligation of his 
official bond. 

TOWNSHIP AND COUNTY SCHOOL FUNDS. 

§ 64. All bonds, notes, mortgages, and other evidence school fmxi to *>• 
ef indebtedness, moneys and effects, in the hands of any ^\ e tn° ?£u* 
■chool commissioner, trustee of schools, township treasu- ca,es# 
rer, or other officer, or person, and belonging to any coun- 
ty or township, and which have heretofore accrued, or 
may hereafter accrue from the sale of the sixteenth [sec- 
tion.] or of the common school lands of any township or 
county, or for the sale of any real estate or other property 
taken for any debt, or on any judgment, due to the prin- 
cipal of any county or township fund, and all surplus in- 
terest and other funds which have been, or shall hereaf- 
ter be, carried to and made part of the principal of any 
township or county funds, by any law which has hereto- 
fore been, or may hereafter be enacted, in the hand of any 
county, township, or other officer, or person, and be- 
longing to any county or township, and all sums arising 
from the loaning or re-loaning of the principal of any 



1855. 76 

township or county fund, are hereby declared to be, and 
shall forever hereafter constitute the principal of the town- 
ship or county fund, to whichever it may respectively be- 
long, and no part thereof shall ever be distributed or ex- 
pended for any purpose whatever, except the interest, 
rents and profits thereof, but shall be loaned out, and held 
to use, rent or profit, as herein, heretofore, or may here- 
after be, provided by law. 
r«nd to be appn- § 65. So much of the school moneys coming: into the 

»d to the pav- , 3 _ ^ . . J o 

neat of teachers hands ot the township treasurer, which has been, or may 
be derived from the state tax, state fund, or common 
school fund of the state, or from any township tax funds 
levied for the purpose of continuing the terms of schools, 
after the state funds have been exhausted, as provided in 
section seventy (70) hereof, shall be applied only to the 
payment of teachers, in the respective townships to which 
such fund belongs, and shall be drawn from the treasury 
for no other purpose whatever ; and all other school funds, 
paid into the township treasury, arising from taxation, or 
from other sources, and the interest of the township fund, 
not otherwise specifically directed to be applied by this 
act, shall be applied and expended, under the direction 
and at the discretion of the board of directors of the dis- 
trict to which such funds belong, in procuring school 
house sites, and improving the same, in building) repair- 
ing, and furnishing school houses, in the payment of com- 
pensation to township treasurers, and other school pur- 
poses, as such board are authorised to make under the 
provisions of this act: Provided, however, that nothing 
herein shall be so construed as to prevent the application 
of said school funds to the payment of teachers, when ne- 
necessary, in the opinion of said board, so to apply them, 
or any part thereof. 

ttone, tow paid £ gg A jj moneys and gchool fundg? Hab j e to distribu- 
tion, not being principal, paid into the township treasury, 
or coming into the hands of the township treasurer, shall 
be paid out only on the ord^r of the proper board, signed 
by their president and clerk; and for all payments made, 
receipts shall be taken and filed ; and in all such order* 
shall be stated the purpose for which or en what account 
drawn ; and all such orders may be in the following form, 
to wit : 

j»«r«u of order. The treasurer of township number , range number 

, in county, will pay to or bearer, 

dollars and cents, (on Lis contract for repairing 

Sulphur Spring school house, or otherwise, as the the case 
may be.) By order of the bdara of said town- 
ship. A B, President. 
C D, Clerk. 

m 

i 



77 1866. 

Which, together with the receipt of the person to whom 
paid, shall be filed in the office of the township treasurer : 
Provided^ however, the township treasurer may pay to proviso, 
any teacher his wages, on such teacher presenting a cer- 
tificate of the amount due him, and an order for the same, 
by any two members of the board ot directors, and on said 
teacher filing with said treasurer a true copy of his certifi- 
cate of qualification, certified by the said two members to 
be such as is required by law ; which certificate and or- 
der as aforesaid shall be appended to the aforesaid true 
copy of said teacher's qualification ; which certificate and 
order may be in the following form, viz : 

We the undersigned directors, of in township Form of certia 

range number , in the county of , hereby certify 

the foregoing to be a true copy of A B, teacher's certifi- 
cate of qualification, and is such as is required by law, to 
qualify (him or her) to teach in the school which (he or 
the) has taught, and we further certify that the amount 

due said A B is dollars and cents ; which amount 

the treasurer of said township is hereby required to pay. 

Given under our hands this day of , 18 — . 

p j^' > Directors. 
To E. D, Township Treasurer, T. E. . 



Which, on payment being made, the treasurer shall file Treasurer to ai 
in his office, together with said teaehers's receipt for the receipt " 
amount paid. But no order shall be drawn, or paid, in 
favor of any teacher, until his or her schedule shall have 
been completed and filed, as provided in section fifty 
of this act, nor until he or she shall have complied with 
all his or her duties as prescribed by law. 

COMMON SCHOOL FUNDS. 



§ 67. The common school fund of this state shall con- common 
aist of such sum as will be produced by the annual levy funds- 
and assessment of two mills upon each dollar's valuation 
of all the taxable property in the state, and there is here- 
by levied and assessed annually, in addition to the re- 
venue for state purposes, the said two mills upon each 
dollar's valuation of all the taxable property in the state, 
lo be collected and paid into the state treasury as other 
revenue is collected and paid; and the amount due from 
the state, according to a statement and settlement of the 
account between the state and that fund, under the pro- 
visions of an act entitled an "An act fo provide for the 
distribution and application of the interest on the school, 
•ollege and seminary fund," approved on the seventh of 



rif.. i 



1855. 78 

February, one thousand eight hundred and thirty five, and 
of a!l funds which have been or may be received by the 
state from the United States, for the use and support of 
common schools, and also of the money added to the com- 
mon sehool fund which was received from the United 
States under an act of congress providing for a distribu- 
tion of the surplus revenue of the United Slates, and 
which was invested in bank stock, by authority of the 
stale, and or the amount added to the school fund under 
an act requiring the three per cent, fund to be invested 

pr«Ti*o. in state bonds : Provided, that in cases where, heretofore, 

the state taxes have not been collected in any county, 
such county shall not be entitled to a distribution of the 
college, seminary and school fund, for the period of time 
that no such taxes have been collected, and that the por- 
tion of the fund aforesaid shall in such cases be distribu- 
ted without regard to such county. 

sum to »v in- § 68. The state shall pay an interest of six per cent, 
per annum upon the amount of the aforesaid common 
school funds, except on so much thereof as may be realised 
from the levy of the tax* directed to be levied under the 
provisions of this act, which shall be paid annually, and ap- 
plied to the support of common schools, as herein provided. 
The state shall also pay, as aforesaid, and at the same 
time, an interest of six per centum per annum upon the 
amount due the college and seminary fund ; which in- 
terest shall be loaned to the common school fund, and 
known in this law and applied in all cases as interest on 
the common school fund as aforesaid. 

»•*? »f »aditor. § 69. On the first Monday in January, in each and ev- 
ery year, next after taking the census of the state, the au- 
ditor of public accounts shall, under the supervision of the 
commissioners of the school fund of the state, ascertain the 
number of white children in each county in the state, un- 
der twenty-one yeais of age, and shall thereupon make a 
dividend to each county of two thirds the sum from the 
tax levied and collected under the provisions of the sixty- 
seventh section of this act; and the interest due on the 
school, college and seminary fund, in proportion to the. 
number of white children in each county under the age 
aforesaid, and of the remaining one-third, in proportion to 
the number of townships and parts of townships in eack 
county, and issue Lis warrant to the school commissioner 
of each countv upon the collector thereof. And upon pre- 
sentation of. said warrant by the school commissioner to the 
collector of his county, said collector shall pay over to the 
school commissioner the amount o! said warrant out of the 
first specie funds which may be collected by him, and not 
otherwise appropriated by law, taking said cominh:. ioner's 
receipt therefor; and on settlement with the auditor, said 



i 



79 1855. 

collector shall be credited with the amount specified in 
•aid receipt, in the s ime manner as if it had been paid in- 
to the treasury. Dividends shall be made as aforesaid. 
According to the proportions ascertained to be due to each 
county annually thereafter, Until another census shall have 
been taken, and then dividends shall be made and contin- 
ued as aforesaid, according to the last census: Pro vicfed, that Proviso. 
if any collector shall fail or refuse to pay, in gold or silver, 
the amount of the aforesaid warrant, or any part thereof, 
by the first day of March, annually, or so soon thereafter 
as it may be presented, it shall be competent for the school 
commissioner to proceed against said collector an 1 his se- 
curities, in an action of debt, in the county court ; which 
court is hereby vested with full power and authority to 
hear and determine all such suits, render judgment and 
issue execution, or said suit may be brought in any 
court having jurisdiction; and the said collector shall pay 
twelve per centum, to be assessed as damages upon the 
amount due, and which shall be included in the judgment 
obtained against him. 

ADDITIONAL TAXES IN TOWNSHIPS FOR SCHOOLS. 

§ 70. At each meeting in October, or at any subse- Additional uu** 
quent. meeting thereafter, before the first day of May, an- 
nually, each township boaid of trustees in this state shall 
determine, by estimate, as nearly as practicable, the en- 
tire amount of money necessary to be expended in the 
township to keep in good condition an-J operation a suffi- 
cient number of free schools for the accommodation of all 
the children in said township during the ensuing year, 
over and above the available means arising from the town- 
ship fund, or from other sources, and applicable to gene- 
ral school purposes, and also such additional amount as 
the boa.;d may think necessary for the exclusive purpose 
of supplying any deficiency in the fund for the payment of 
teachers, and for the purpose of extending the terms of 
schools after the state or common school fund shall have 
been exhaus ted; and shall determine, as nearly as practica- 
ble, what rate per cent, on the one hundred dollars' valu- 
ation of all the taxable property in the township, each of 
said amounts separately, will require to be levied; each of 
which rates so estimated and required to be levied, to- 
gether with a list of the names of all the resident tax pay- 
ers of the township, the said board shall make known by 
certwi- ate in writing, signed by the president and clerk of 
the ooard, to the clerk of the county court of the county, 
on or before, the first Monday of July next thereafter in 
each year; which certificate may be in the following form, 
viz : 



1855. fcO 

Fwm of oortifi- We, the, undersigned, president and clerk of the board 
of trustees of township JNo. — , range No. — , in the coun- 
ty of , and state of Illinois, do hereby ceitify that said 

board have estimated and required to be levied for th« 
year 18 — , the rate of — -, for general school purpo- 
ses, and the rate of -, for paying teachers and ex- 
tending terms of schools, on each one hundred dollars' val- 
uation of taxable property in said township. Given under 

our hands, this day of , 18 — . 

A B , President. 

C D , Clerk. 



Aathorised to le- 
yj tax lor build 



clerk. 



§ 71. For the purpose of erecting school houses, or 
sag and fur- purchasing school house sites, or for the repairing and im- 
kJuses. " c °° proving the same, for procuring furniture, fuel and district 
libraries, the board of directors of any district shall be au- 
thorized to have levied and collected a tax annually on all 
the -property in their district, by furnishing a certificate 
similar to the one required by the provisions of this sec- 
tion, from trustees of schools, 
•ttty ot county § 72. According to the rate or rates certified as afore- 
said, the said county clerk, when making out the tax books 
for the collector, shall compute each taxable person's tax 
in said township, or that part of the township in the coun- 
ty, or in any district, taking as a basis the total amount of 
taxable property returned by the county assessor for that 
year, lying and being in said township, part of township 
or district, whether belonging to residents or non-resi- 
dents, and also each and every tract of land assessed by 
the assessor, which lies, or the largest part of which lies, in 
said township or part of township or district. The said coun- 
ty clerk shall cause each person's tax so computed to be set 
upon the tax book, to be delivered to the county collector for 
that year, in a separate column, against each tax payer'* 
name, or parcel of taxable property, as it appears in said 
collector's books, to be collected in the same manner, and at 
the same time, as state and county taxes are collected. The 
computation of each person's tax, and the levy made by the 
clerk, as aforesaid, si. all be final and conclusive : Provided-, 
the rate shall be uniform, and shall not exceed the rate cer- 
tified by the township board of trustees or directors and 
the said county clerk, before delivering the tax books t» 
the collector, shall make out and deliver, on demand, to 
each township treasurer, or other authorised person, of 
the respective townships, or part of townships, in the 
county, a certificate of the amount due his township, of 
said tax so levied and placed upon the tax books ; and on 
or before the first day of April next after the delivery of 
the tax books containing the computation and levy of said 
taxes aforesaid, or so soon thereafter as the township 



81 1855. 

treasurer, or other authorized person, shall present the 
said certificate of the amount of said tax, and make a de- 
mand therefor, the said county collector shall pay to said 
township treasurer, or other authorised person, the full 
amount of said tax, so certified by the county clerk, re- 
taining from said amount only two per centum, as his fees 
for collection, taking of the township treasurer, or other 
authorized person, his receipt therefor; which receipt 
shall be evidence, as well in favor of the collector as 
against the township treasurer, or other authorised person 
for him ; and said treasurer, or other authorised person 
» for him, shall enter the same in. separate accounts, in 
his cash book, distinguishing between that part of said 
account for general school purposes, and that for paying 
teachers and extending the terms of schools, and pay the 
same out as provided for by this act. 

§ 73. If any collector shall fail to pay the amount of Pe,ial1 ■ 
said tax, or any part thereof, as required in the aforesaid 
section, it shall be competent for the township treasurer, 
or other authorized person, to proceed against such col- 
lector and his securities in an action of debt in the county 
court ; which court is hereby vested with fall power and 
authority to hear and determine all such suits, render 
judgments and issue execution; or said suit may be brought 
in any other court having jurisdiction ; and the said collec- 
tor, so in default, shall pay twelve per centum upon the 
amount due, to be assessed as damages, which shall be in- 
cluded in the judgment rendered against him : Provided* 
no collector shall be liable for such part of said tax as he 
shall be able to make appear he could not have collected 
by law, until he may be able to so collect such amount. 

5 74. When a township is or shall hereafter be situated Certificate to t>o 

' i .-.» ■' ■ . ., „ returned to clerk 

in two or more counties, tne certificate, oi the rate ot tax- of county court. 
ation, required in the sixty-ninth (69) [section] of this act, 
shall be returned to the clerks of the county court of each 
of such counties, furnishing to each elerk the names of 
the resident tax payers of that part of such township 
which lies in his county, and each of said clerks shall pro- 
ceed in all respects, as regards the taxable residents and 
taxable property of that part of such township situated 
in his county, as required by the seventy- second section 
of this act, and for tfie purpose of enabling the trustees of 
townships, or school directors to make the estimate of taxes 
required as provided in section seventy-two, the county 
clerk of each county shall furnish to the clerk of each of said 
boards, the total amount of valuation of the taxable pro- 
perty of each township, part of township, or district re- 
spectively, as returned by the assessor of the previous 
year; and to enable the clerk of the county court to per- 
form this duty for the first estimates of the boards, as 
6 



I 



1855. 82 

aforesaid, the clerks of said boards, respectively, shall fur- 
nish to said county clerk a list of all the names of the resident 
tax payers of the previous year in said township or part of 
township or district, in the county, and thereafter said list oi 
Power to bunow names shall befumished as provided in section seventy of this 
money. ac ^ -p or the purpose of erecting- school houses, or purcha- 

sing school house sites, or for repairing and improving the 
same, it shall be lawful for the board of directors of any 
district to borrow money at a rate of interest not exceeding 
ten per cent, per annum, and issue bonds therefor in sums not 
less than one hundred dollars ; which bonds shall he exe- 
ProTiso. cuted by the president and clerk of said board : Provided, 

that the total indebtedness incurred by any district under 
this section, shall not at any time exceed one per centum 
of the assessed value of the real and personal property of 
said district. 

COMPENSATION OF OFFICERS. 

compensation of § '5. School commissioners shall be allowed to retain, 
school commis- OU £ f ( ne township funds of the township for which the 
services may be rendered, three per cent, upon the amount 
of sales of school lands, and upon the real estate taken tor 
debt, for their services in making such sales, including 
such other services connected therewith as are required 
by the provisions of this act, and two per cent, they may 
retain upon the amount of all sums distributed, paid or 
loaned out by them for the support of schools; and for 
visiting schools, they shall be allowed to retain two dollars 
per day, for any number of days not exceeding fifty during 
any year, which account shall be certified and sworn toby 
the commissioner of each county. 
Township treasu- § 76. Township treasurers shall be allowed to retain 
two per cent, upon all sums paid out, or loaned by them: 
Provided, however ,' the boards of trustees may reduce 
said compensation; and said boards shall, and it is hereby 
made their duty, to make a reasonable allowance to said 
treasurers for their services performed as clerks of said 
boards, to be paid out of the township funds. School com- 
missioners, trustees of schools, school directors, and all 
other school officers, shall be exempted from working on 
the roads, serving on juries and military duty. 

LIABILITIES OF OFFICERS. 



: :r 



Liabilities of offi- 
cers. 



§ 77. If any school commissioner, trustee of schools' 
township treasurer, director, or any other person entrust- 
ed with the care, control, management, or disposition oi 
any school, college, seminary, or township fund, for 
the use of any county, township, district, or school, shall 



83 185o. 

convert any such funds, or any portion thereof, to his own 
use, he shall be liable to indictment, and upon conviction, 
shall be fined in not less than double the amount of money 
converted, and imprisoned in the county jail not less 
than one or more than twelve months, at the discretion of 
the court. 

§ 78. Trustees of schools shall be liable, jointly and 
severally, for the sufficiency of securities taken trom town- 
ship treasurers; and in case of judgment against said trea- 
surers and their securities, for or on account of any de- 
fault of any such treasurer, on which the money shall 
not be made for want of sufficient property whereon to 
levy execution, actions on the case may be maintained 
against said trustees, jointly or severally, and the amount 
not collected on said judgment shall be recovered with 
costs : Provided^ that if said trustees can show, satisfac- 
torily, that the security taken from the treasurer as afore- 
said was at the time of said taking good and sufficient, 
they shall not be liable as aforesaid. 

§ 79. The real estate of school commissioners, of town- uen upon real 
ship treasurers, and all other school officers, and of the IJJ**^^^ dat< 
securities of each of them, shall he bound for the satisfac- 
tion and payment of all claims and demands against said 
commissioners and treasurers, and other officers, as such, 
from the date of issuing process against them, in actions 
or suits brought to recover such claims or demands, until 
satisfaction thereof be obtained ; and no sale or alienation 
of real estate by any commissioner, treasurer or other offi- 
cer, or security aforesaid, shall defeat the lein created by 
this section, but all and singular such real estate held, 
owned, or claimed as aforesaid, shall be liable to be sold 
in satisfaction of any judgment which may be obtained in 
such actions or suits. 

§ 80. Trustees of schools, school directors or either Failure to mai« 
of them, failing or refusing to make returns of children - retnrn - 
in their township, or district, according to the provisions 
of this act, or if either of them shall knowingly make a 
false return, the party so offending shall be liable to a 
penalty of not less than ten dollars nor more than one 
hundred dollars, to be recovered by action of assumpsit, 
before any justice of the peace of the county, which pen- 
alty, when collected, shall be added to the township fund ; 
and if any school commissioner, director or trustee, or 
either of them, or other officer whose duty it is, shall neg- 
ligently or wilfully fail or refuse to make, furnish, or com- 
municate the statistics and information, or shall fail to 
discharge the duties enjoined upon them, or either of 
them, at the time and in the manner required by the pro- 
visions of sections nineteen and thirty-eight of this act, such 
delinquent or party offending shall be liable to a fine of 



0;is 



1855. 84 

twenty-five dohars, to be recovered before any justice of 
the peace, on information in the name of the people of the 
state of Illinois, and when collected shall be paid to the 
school commissioner of the proper county for the use of 
schools, 
uiimis- § 81. School commissioners, trustees of schools, di- 
i "certain rectors and township treasurers, or either of them, and 
1 any other officer having charge of school funds or proper- 

ty, shall be responsible for all losses sustained by any 
county, township, or school fund, by reason of any failure 
on his or their part to perform the duties required of him 
or them by this act, or by any rule or regulation author- 
ised to be made by this act; and each and every of the 
officers aforesaid shall be liable for any such loss sustain- 
ed as aforesaid, and the amount thereof may be recovered, 
in a civil action, before any court having jurisdiction there- 
of, at the suit of the state of Illinois, for the use of the 
county, township, or fund injured ; and the amount, when 
collected, shall be paid to the proper officer, for the bene- 
fit of said county, township, or fund injured. 

COST, TENURE OF OFFICES AND CONTRACTS UNDER FORMES 

LAWS. 

No cust to be § 82. No justice of the peace, probate justice, consta- 
charged^m cer- y e ^ cier k f an y cquj.^ or sheriff, shall charge any costs, 

m any suit where any agent of any school fund, suing for 
the recovery of the same, or any interest due thereon, is 
plaintiff, and shall be, from any cause, unsuccessful in 
such suit. School commissions s appointed heretofore 
shall continue in office until superseded according to the 
provisions of this act, and their duties, responsibilities, 
and powers shall be governed by the provisions herein 

Tenure > i ..ffice. named. Trustees of school lands heretofore appointed, 
and trustees of schools heretofore elected, shall, also, con- 
tinue to discharge the duties of their office until trustee* 
of schools are elected under the provisions of this act. 
Townships heretofore incorporated shall, without any 
further action or proceeding, be considered as incorpora- 
ted under the provisions of this act, and the trustees and 
other officers shall continue to discharge their duties till 
suspended by appointment or election under this law ; and 
all school directors and officers heretofore appointed, shall 
continue in office until superseded by the election as provi- 
ded in this act, and shall be governed by the provisions of 
the laws heretofore in force, unless otherwise directed by 

Lease* to remain this act. Leases of school lands shall remain valid and be 

valid. executed according to the laws under which they were 

made. Common school lands valued and offered for sale 

and remaining unsold shall be sold upon terms prescribes 



85 1855. 

by this act. All taxes levied and contracts made under 
the laws hereby repealed shall remain valid, and allright*, 
remedies, defences, and causes of action existing, or which 
may hereafter exist or arise, under or by virtue of said 
repealed laws, shall continue and remain valid, and shall be 
enforced, notwithstanding the repeal of said laws, unless 
canceled according to the provisions of this act. 

OF CITIES AND INCORPORATED TOWNS. 

§ 83. This act shall not be so construed as to repeal Ofcmes and in- 
or change, in any respect, any special acts in relation ip ' r " 
to schools, in cities or- incorporated towns, except that it 
shall be the duty of the several boards of education, or 
other officers, of any city or incorporated town, having in 
charge schools under the provisions of any of the said 
special acts, or of any ordinance of any city or incorpora- 
ted town, on or before the second Monday of October, 
preceding each regular session of the general assembly of 
tliis state, or annually, if required so to do by the state 
superintendent, to make out and render a statement of all 
such statistics and other information in regard to schools, 
and the enumeration of children, or white persons, as are 
required to be communicated by township boards of trus- 
tees or directors, under the provisions of the thirty-eighth 
(38) section of this act, or so much thereof as may be ap- 
plicable to said city or incorporated town, to the school 
commissioner of the county where such city or incorpora- 
ted town is situated, or of the county in which the larger 
part of such city or town is situated ; nor shall it be law- 
ful for the county school commissioner, or any other officer 
or person, to pay over any portion of the common school 
fund, to any local treasurer, school agent, clerk, board of 
education, or other officer, or person, of any township, 
city, or incorporated town, unless a report of the number 
of children, or white persons, and other statistics relative 
to schools, and a statement of such other information, as 
are required of the boards of trustees or directors as afore- 
said, and of other school officers and teachers under the pro- 
visions of this act, shall have been filed, at the time or 
times aforesaid, specified in this section, with the school 
commissioner of the proper county, as aforersaid. 

SCHOOLS OF PERSONS OF COLOR. 

§ 84. In townships in which there shall be persons of schools of] 
color, the board of education shall allow such persons a 
portion of the school fund, equal to the amount of taxes 
collected for school pursons from such persons of color 
in their respective townships. ' 



1855. 86 



COMMON SCHOOL LANDS. 



h ' ' § 85. Section number sixteen in every township grant- 
ed to the state by the United States for the use of schools, 
and such sections and parts of sections as have been or may 
be granted as aforesaid, in lieu of all or part of section 
number sixteen, and also the lands which have been or may 
be selected and granted as aforesaid, for the use of schools, 
to the inhabitants of fractional townships in which there is 
no section number sixteen, or where such section shall not 
contain the proper proportion for the use of schools in such 
fractional township, shall be held as common school lands; 
and the provisions of this act referring to common school 
lands shall be deemed to apply to the lands aforesaid. 

§ 86. All the business of such townships, so far as re- 
lates to common school lands, shall be transacted in that 
county which contains all or a greater portion of said lands. 
If any person shall, without being duly authorised, cut, fell, 
box, bore, destroy or carry away any tree, sapling or log 
standing or being upon any school lands, such per- 
son shall forfeit and pay for every tree, sapling or log so 
felled, boxed, bored, destroyed or carried away, the sum 
of eight dollars; which penalty shall be recovered, with 
costs of suit, by an action of debt or assumpsit, before any 
justice of the peace having jurisdiction of the amount claim- 
ed, or in the county or circuit court, either in the corpo- 
rate name of the board of trustees of the township to which 
the land belongs, or by action of qui tam, in the name 
of any person who will first sue for the same — one half for 
the use of the person suing, the other half to the use of the 
township aforesaid. When two or more persons shall be 
concerned in the same trespass, they shall be jointly and 

Trespasses. severally liable for the penalty herein imposed. Ever} 
trespasser upon common school lands shall be liable to in- 
dictment, and upon conviction, fined in three times the 
amount of the injury occasioned by said trespass, and shall 

p •■■■i.i stand committed as in other cases of misdemeanor. All 

penalties and fines collected under the provisions of this 
section shall be paid to the township treasurer, and be ad- 
ded to the principal of the township fund ; and all other 
fines, penalties and forfeitures imposed or incurred in any 
of the circuit courts of this state, or collected by justices , 
of the peace or other county officers, except fines collect- 
ed in incorporated towns or cities, for the violation of the 
by-laws or ordinances of said towns or cities, shall be pai( 5 
to the school commissioner of the county where such fines, 
penalties and forfeitures have been collected, and the same 
shall be distributed by said commissioner in the same man- 
ner as the common school funds of the state are distribu- 
ted y and if any county officer or justice of the peace afore>- 



87 1856. 

said shall fail or refuse to pay as aforesaid, after collec- 
tion, such oliicer or justice of the peace so failing or re- 
fusing to pay as aforesai^l shall forfeit and pay double the 
amount of such fine, penalty or forfeiture as aforesaid, col- 
lected by him, to be recovered before any court having ju- 
risdiction, in a civil action, at the suit of the school com- 
missioner. 

SALE OF COMMON SCHOOL LANDS. 

§ 87. When the inhabitants of any township or frac- sale of school 
tional township shall desire the sale of the common school 
land of the township or fractional township, they shall pre- 
sent a petition to the school commissioner of the county in 
which the school lands of the township, or the greater part 
thereof, lie, for the sale thereof; which petition shall be 
signed by at least two thirds of the white male inhabitants 
of the township or fractional township of and over twenty- 
one years of age. The signing of the petition must be in 
the presence of two citizens of the township, after the true 
meaning thereof shall have been explained; and when sign- 
ed an affidavit shall be affixed thereto, by the two citizens, 
proving the signing in the manner aforesaid, and stating 
the number of white male inhabitants in the township or 
fractional township, of and over twenty- one years of age ; 
and said petition, so proved, shall be delivered to the school 
commissioner for his action thereon : Provided, that no proviso, 
whole section shall be sold in any township containing less 
than fifty inhabitants; and common school lands in frac- 
tional townships may be sold when the number of inhabi- 
tants and number of acres are in the ratio of fifty to six 
hundred and forty, but not before. 

§ 88. When the petition and affidavits are delivered Trustees to divide 
to the school commissioner as aforesaid, he shall notify the 
trustees of said townsnip thereof, and said trustees shall 
immediately proceed to divide the land into tracts or lots 
of such form and quantity as will produce the largest 
amount of money; and after making such division, a cor- 
rect plat of the same shall be made, representing all di- 
visions, with each lot numbered and defined, so that its 
boundaries may be forever ascertained. Said trustees shall 
then fix a value on each lot, having regard to the terms of 
sale, certify to the correctness of the plat, stating the val- 
ue of each lot per acre, or per lot, if less than one acre, 
and referring to and describing the lot in the certificate, 
so as fully and clearly to distinguish and identify each lot; 
which plats and certificate shall be delivered to the school 
commissioner, and shall govern him in advertising and sel- 
ling said lands. 

§ 89. In subdividing common school lands for sale, no subdivision <>: 
lot shall contain more than eighty acres, and the division ' 



1855. 88 

may be made into town or village lots, with roads, streets 
or alleys between them and through the same; and all such 
divisions, with all similar divisions hereafter made, are 
herel y declared legal; and all such roads, streets and al- 
leys, public highways. 

eTmsoi seiimg. § 90. The terms of selling common school lands shall 
be to the highest bidder, for cash, with the privilege to each 
purchaser of borrowing from the school commissioner the 
amount of his bid, for any period not less than one nor more 
than five years, upon his paying interest and giving secu- 
rity, as in case of money loaned by township treasurer, as 
provided in this act. 

iace : seijing. § 91- The place of selling common school lands shall 
be at the court house of the county in which (he lands are 
situated; or the trustees of schools may direct the sale to 
be made on the premises; and upon the reception by the 
school commissioner of the plat and certificate of valuation 
from the trustees, lie shall proceed to advertise the said 
land for sale, in lots as divided and laid off by said trustees, 
by posting notices thereof in at least six public places in 
the county? forty days next anterior to the day of sale, de- 
scribing the land, and stating the time, terms and place of 
sale; and if any newspaper is published in said county, said 
advertisement shall be printed therein for four weeks be- 
fore the day of sale — if none, then it shall be sold under the 
notice aforesaid. 

§ 92. Upon the day appointed, the school commission- 
to make er shall proceed to make sales, as follows, viz : he shall 
begin at the lowest number of lots, and proceed regularly 
to the highest, till all are sold or offered. No lot shall be 
sold for less than its valuation by the trustees. Sales 
shall be made between the hours of ten o'clock A. M., and 
six o'clock P. M., and may continue from day to day. The 
lots shall be cried separately, and each lot cried long enough 
to enable any one present to bid who desires it. 

. yment to be $ 93. Upon closing the sales each day, the purchasers 
shall each pay, or secure the payment of the purchase mo- 
ney, according to the terms of sale ; or in case of his failure 
to do so by ten o'clock the succeeding day, the lot pur- 
chased shall be again offered at public sale, on the same 
terms as before, and if the valuation or more shall be bid, 
shall be stricken off; but if the valuation be not bid, the 
lot shall be set down as not sold. If the sale is or is not 
made, the former purchaser shall be required to pay the 
difference between his bid and the valuation of the lot; 
and in case of his failing to make such payment, the school 
commissioner may forthwith institute an action of debt or 
assumpsit, in his name, as commissioner, for the use of the 
inhabitants of the township where the land lies, for the re- 
quired sum ; and upon making proof, shall be entitled to 



■• , il cnmrai 



secured. 



89 1866. 

judgment, with costs of suit; which, when collected, shall 
be added to the principal of the township fund. And if the 
amount claimed does not exceed one hundred dollars, the 
suit may be instituted before a justice of the peace ; but if 
more than that sum, then in the circuit court of any coun- 
ty wherein the party may be found. 

§ 94. All lands not sold at public sale, as herein pro- unsoia lands mb- 
vided for, shall be subject to sale at any time thereafter, at valuation: 
fche valuation ; and school commissioners are authorised 
and required, when in their power, to sell all such lands 
at private sale, upon the terms at which they are offered 
at public sale. 

5 95. In all cases where common school lands have Tni8tees ^ c 4 ause 

5 . a new valuation. 

been heretofore valued, and have remained unsold for two 
years after having been offered for sale, or shall hereafter 
remain unsold that length of time, after being valued and 
offered for sale in conformity to this act, the trustees of 
schools where such lands are situated may vacate the val- 
uation thereof, by an order to be entered on book A, of 
the school commissioner, and cause a new valuation to be 
made, if in their opinion the interests of the township will 
be promoted thereby. They shall make said second valu- 
ation in the same manner as the first was made, and shall 
deliver to the school commissioner a plat of such second 
valuation, with the order of vacation to be entered as afore- 
said ; whereupon said school commissioner shall proceed ; 
in selling said lands in all respects as if no former valua- 
tion had been made : Provided^ that the second valuation Proviso - 
may be made by the trustees of schools, without petition, 
as provided in this act. 

§ 96. Upon the completion of every sale by the pur- c ^ t a 1 s fl e cateo£p,ar " 
chaser, the school commissioner shall enter the same on 
book B, and shall deliver to the purchaser a certificate of 
purchase, stating therein the name and residence of the 
purchaser, describing the land and the price paid therefor; 
which certificate shall be evidence of the facts therein sta- 
ted. 

S 97. At the first regular term of the county court in statement of 

j o m in i school commis- 

each year, the school commissioner shall present to the sioner to county 
court of his county — first, a statement showing the sales of 
school lands made subsequent to the first regular term of 
the previous year, which shall be a true copy of the sale 
book, (book B;) second, statements of the amount of money 
received, paid, loaned out, and on hand, belonging to each 
township or fund under his control — the statement of each 
fund to be separate ; third, statements copied from his loan 
book, (book C,) showing all the facts in regard to loans 
which are required to be stated upon the loan book ; all of 
which the county court shall thereupon examine and com- 
pare with the vouchers, and the said county court, or so 



1855. 



90 



Transcript to be 
furnished 
auditor. 



Purchaser to re- 
ceive patent. 



Duplicate copie 



many of them as may be present at the term of the eourl, 
shall be liable individually to the fund injured, and to the 
securities of said school commissioner, in case judgment 
be recovered of said securities, for all damages occasioned 
by a neglect of the duties, or any of them, required of them 
by this section : Provided, nothing herein contained shall 
be construed to exempt the securities of said school com- 
missioner from any liability as such securities, but they 
shall still be liable to the fund injured the same as if the 
county commissioners were not liable. 

§ 98. The school commissioner shall also, at the time 
the aforesaid, transmit to the auditor of public accounts a full 
and exact transcript from book B of all the sales made sub- 
sequent to each report. The statement in section ninety- 
seven (97) hereof, required to be presented to the county 
court, shall be preserved and copied by the clerk of said 
court into a well bound book, kept for that purpose, and 
the list transmitted to the auditor shall be filed, copied 
and preserved in like manner. 

§ 99. Every purchaser of common school land shall be 
entitled to a patent from the state, conveying and assuring 
the title. Patents shall be made out by the auditor from re- 
turns made to him by the school commissioner. They shall 
contain a description of the land granted ; and shall be in 
the name of and signed by the governor, countersigned by 
the auditor, with the great seal of the state affixed thereto 
by the secretary of state, and shall operate to vest in the 
purchaser a perfect title in fee simple. When patents are 
executed as herein required, the auditor shall note on the 
list of sales the date of each patent, in such manner as to 
perpetuate the evidence of its date and delivery, and there- 
upon transmit the same to the school commissioner of the 
proper county, to be by him delivered to the patentee, his 
heirs or assigns, upon the return of the original certificate 
of purchase ; which certificate, when returned, shall be 
filed and preserved by the school commissioner. 

§ 100. Purchasers of common school lands, and their 
heirs and assigns, may obtain duplicate copies of their cer- 
tificates of purchase, and of patents, upon filing affidavit 
with the school commissioner in respect to certificates, and 
with the auditor in respect to patents, proving the loss or 
destruction of the originals ; and such copies shall have all 
the force and effect of the originals. 



ACTS REPEALED- 



-PUBLICATTON AND DISTRIBUTION OF THE 
ACT. 



Acts repealed, § 101. An act entitled " An act to establish and main- 
tain common schools," approved February 12th , 1849, 
and an act to amend said act, approved February 12th, 1851, 



91 1855. 

and an act entitled " An act to increase the school fund," 
approved February 10th, 1853, and all other acts and 
parts of acts coming in conflict with the provisions of this 
act, are hereby repealed. This act to be in force from 
and after its passage. 

§ 102. The public printer is hereby required to print ^"^rinteS 
thirty thousand copies of this act, under the direction ot distributed. 
the secretary of state, who shall first make a perfect in- 
dex hereto, to be distributed by him according to popula- 
tion among the several counties of the state, and deposit- 
ed with school commissioners, to be distributed by them 
to the direetors of the boards of education and township 
treasurers, for the use of the different officers under this 
Jaw. 

Approved Feb. 15, 1855. 



AN ACT to relocate a portion of a state road therein named. In force Feb. 15, 

1 1855. 

Section 1. ' Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That .Na- 
than iSand, John Shaw and James Anderson be and they 
are hereby appointed commissioners to view and locate so commissioners. 
much of the Belleville and Nashville state road, from some 
point between the farms of John and Charles Rayhill, in 
St. Clair county, to Euengmain's ferry, on the Kaskarkia 
river, in Washington county, running through a portion of 
Clintor county. Said relocation to be made as follows, to 
wit : beginning at the above points, thence east, following 
the sectional and 1-4 sectional lin^, running east and west, 
or so much so as to cause as little damage to the owners 
of property as possible, so as to locate the same on the 
nearest and best route to said ferry. 

§ 2. That said commissioners, or a majority of them, to be sworn. 
shall meet on or before the first Monday in the month of 
March next, or so soon thereafter as possible, at the town 
of Mascoutah, in St. Clair county, and take an oath before 
some justice of the peace of said county well and truly to 
perform the duties required of them by this act, thereupon 
proceed so to do. 

5 3. When said commissioners shall have reviewed the To make piat ani 

j r6port» 

said ground, and shall have relocated the said road, it shall 
be their duty to cause to be made out, by some compe- 
tent surveyor, a plat, accompanied with a survey thereof, 
showing said relocation, and file the same, together with 
their report, with the clerk of the county of St. Clair, 
and also cause to be made out like copies, and sent to the 



1865. 92 

clerks of the county courts of Clinton and Washington 
counties. 
vidence. § 4. That said plats, or certified copy thereof, shall 

be evidence hereafter in all courts in this state. And after 
said plat shall have been made out as aforesaid, and re- 
turned to the clerks of said counties, the said road shall, 
within three months from said date, be opened and kept in 
repair as other state and public roads in this state. This 
act is to apply to all roads so located by law in said coun- 
ty of St. Clair; and so much of the old roads affected by 
such relocation is hereby declared vacated. 

§ 5. That the said counties of St. Clair and Clinton 
shall pay the expenses incident to the relocation of said 
road in proportion to the length of the line of the reloca- 
tion of said road in each county respectively. 

§ 6. This act shall be deemed a public act, and take 
effect from and after its passage, February 5th, 1855. 

Approved Feb. 15, 1855. 



Expenses. 



J n force Feb. 15, AN ACT to review and relocate a part of the state road from Ottawa 
1855. to Peru. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Giles 

» ummissioners. Jackson, Lorenzo Leland and Eli Waterman be and 
are hereby appointed commissioners to review and relocate 
that part of the state road which runs diagonally through 
the farms of Michael Shaughnessy, Martin McLaughlin, 
Thomas Hurlbut and Anthony Wilkinson, to the northwest 
corner of said Wilkinson's farm, and lay out the same up- 
on the section line between sections five and eight, six and 
seven, until it intersects the town line between Ottawa 
and Utica ; and from thence north, upon the town line, to 
intersect the above mentioned state road. 

„ . . .. 6 2. Said commissioners, or a majority of them, shall 

intake oath. s ' J "if. n/r i 

meet at Ottawa, m La Salle county, on the first Monday 
in April, or as soon thereafter as convenient, and after be- 
ing duly sworn before some justice. of the peace, faith- 
fully to discharge the duties required of them by this act, 
and shall proceed to review and relocate said road as 
herein described, and cause to be made a map of the sur- 
vey of said road, certified by them, and forward a copy 
ToBispiat. thereof to the clerk of the county court, which said clerk 
shall file in his office ; and the said road, thus relocated, 
shall be and is hereby declared a public state road, and 
shall be opened and laid out in the same manner *s other 
public roads are. 



93 1855. 

§ 3. Said commissioners shall be allowed the sum of compensation. 
two dollars per day, while actually engaged in reviewing 
and relocating said road, and there shall be allowed Ihe 
sum of three dollars per day, to a surveyor, and expenses, 
while employed by said commissioners. 

§ 4. This act to be in force from and after its passage. 

Approved Feb. 15, 1855. 



AN ACT to repeal an ac( to vacate certain streets ami alleys in the town in force Feb. l° 

of Jonesboro. 1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
act entitled "An act to vacate certain streets and alleys 
in the town of Jonesboro," approved June 18th, 1852, be 
and the same in hereby repealed. This act to be in force 
from and after its passage. 

Approved Feb. 12, 1855. 



AN ACT for the relief of John M. Btiford. In force Feb. 14, 

1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That John 
M. Buford is hereby released from all claims on the part 
of the state against him, as security for James Bridges, bn 
his official bond, as sheriff of Jasper county, and the claim i 

of the state upon any real estate which has been sold by 
virtue of any judgment recovered by the state against the 
said John M. Buford, upon the claim aforesaid, is hereby 
released : Provided, that the said Buford shall, within 
ninety days from the passage of this act, pay all costs 
which may have been made in any suit instituted upon said 
claim against said Buford on behalf of the state. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved February 14, 1855. 



AN ACT to vacate the Shelbyville and Palestine state road. i n f 0rce jr e b. 15, 

1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That so 
much of the state road, in Cumberland county, as is known 



1855. 94 

by the Shelbyville and Palestine state road, as lies south 
of the north line of said county, and north of the National 
road, be and the same is hereby vacated, and that the 
county court of Cumberland county have full power and 
authority to vacate, relocate, alter or amend, and declare 
the same to be a county road, and have the control over 
it as over other county roads. This act to take effect and 
be in force from and after the tenth day of March next. 
Approved Feb. 15, 1855. 



In force Feb. 14, AN ACT authorising the city of Warsaw to sell the school lands belong- 
1856, ing to the said city, and confirming t'tle to the same. 

Preamble. Whereas, by an act entitled "An act to incorporate the 

city of Warsaw," approved February 12th, 1853, the 
said city and such portion of township four north, range 
nine west of the fourth principal meridian, as may be 
hereafter incorporated into the same, was erected int# 
a common school district, to be known as, and called, 
the Warsaw school district ; and whereas the trustees 
ol schools in said township four north, range nine west, 
were required by said acts to appoint three respecta- 
ble householders to act as commissioners, which said 
commissioners were authorised and empowered by said 
act to divide the township funds and estate, real and 
personal, between the said city and that portion of said 
- township lying without the limits of said city, in pro- 
portion to the number of children under the age of twen- 
ty years, residing within and without said city ; and 
whereas the said trustees of schools, in oursuance of 
the requirements of said act, did, on the 3d day of 
August, A. D. 1853, appoint John F. Charles, a house- 
holder, residing in said city, Pierre A. Barker, a house- 
holder, residing without the limits of said city, in town- 
ship four north, range nine west, and William Frazee, a 
resident of township four north, range eight west, said 
commissioners ; and whereas said commissioners did, 
in pursuance of the powers vested by said act and an 
act amendatory to the same, approved March 1st, 1854, 
make division of the funds belonging to said township, 
as is by said acts required, and did also on the 9th day 
of September, A. D. 1854, in pursuance of author- 
ity conferred in said act, execute to the said city of 
Warsaw a deed, conveying to said city, for the use of 
said Warsaw school district, its proper proportion of 
the lands and town lots belonging to laid township ; 
now, therefore — 



95 1855. 

Section 1. Be it enacted by the peojjle of the state of Acts of cornm i £ - 
Tllinois, represented in the General Assembly, That the *™ e1 ' 8 co,,f5rra - 
acts of said commissioners be and the same is hereby con- 
firmed, and the title to all the lands and town lots recited 
in. and intended to be conveyed by, said deed, be and the 
same is hereby vested and confirmed in said city of War- 
saw, for the use of said Warsaw school district; and no 
informality in the appointment by the trustees of schools 
in said township of siid commissioners, and no informality 
in the proceedings of said commissioners in making said 
distribution and conveyance, shall be allowed to impair or 
in anywise affect the title by them intended to be convey- 
ed to said city of Warsaw. 

8 2. Whenever two-thirds of the white male inhab- inhabitants to 

• j i * -l "i r ttr r i ,, n . petition council. 

itants ot said city of Warsaw, of and over the age of twen- 
ty-one years, shall petition the city council of said city of 
Warsaw, (said petition to be signed and authenticated in 
manner and form, as pointed out by the 1 6th section of an 
act entitled " An act to establish and maintain common 
schools," approved February 12th, 1849,) for the sale 
of the lands and town lots held by said city, for the use 
of said Warsaw school district, the said city council may 
authorise the mayor of said city to advertise and sell 
the same in manner and on such terms as may be pre- 
scribed by ordinance of said city; the funds arising from 
such sale to be held by the city, in trust, for the use of the 
common schools in said city. 

§ 3. The mayor of said city of Warsaw is hereby au- Mayor to execute 
thorized to execute certificates of purchase to the pur- 
chasers of said school lands, under the direction of the city 
council, and in pursuance of the ordinance or ordinances 
that may be duly established for that purpose; and after 
the payment of the purchase money by any purchaser, he 
shall execute a deed, in the form that may be prescribed 
by ordinance, to the person entitled thereto, for any por- 
tion of the lands or town lots aforesaid; and such deed, 
duly executecl by the mayor of said city, shall vest the 
title, in fee simple, in the said purchaser, his heirs or as- 
signs forever. 

Approved Feb. 14, 1855. 



AN ACT to view and locate a state road, and to vacate others therein in force Feb. 14. 

named. !855. 

Be it enacted by the people of the state of Illinois, repre- 
sented in the General Assembly, That Benjamin T. Phelps, commissioBers. 
Daniel F. Hitt and J. M. Quinby, or a majority of them, 



1855. 96 

be and they are hereby authorised to survey and locate a 
state road from the south bank of the Illinois river, in the 
city of Ottawa, west or southwesterly, to the bridge over 
Fall creek, at or near its mouth. Said commissioners, or 
a majority of them, shall meet at the county clerk's office 
of La Salle county, on Monday, the 2d day of April, at 10 

Totakeoath. o'clock A. M., and after having taken an oath before said 
clerk, or any justice of the peace, faithfully to perform the 
duties of said office, shall proceed to view and locate such 
road, and shall cause a map to be made of the same, when so 
surveyed and located, and certify to it, and file it in the 

Tofliepiat. office of said clerk, who shall file and record the same; af- 

ter which all other roads heretofore established, whether 
state or county roads, shall be and the same hereby are 
declared to be vacated from the time of filing such map. 

Damages. The said commissioners shall also, at the same time and 

place aforesaid, assess all damages that may be sustained 
by reason of the location of such road, and report the same; 
which damages shall be paid before said road shall be esta- 
blished, or the other roads be vacated. If said commis- 
sioners fail to meet on the day appointed, they may meet 
on any other day, after giving twenty days' notice in any 
newspaper published in said city. 

This act shall be in force from and after its passage. 
Approved, Feb. 14th, 1855. 



in force Feb. 14, AN ACT for the relief of William T. Head. 



1866. 



Section 1. Be it enacted by the people of the state oj 
Illinois^ represented in the General Assembly^ That 
William T. Head, late collector of the revenue in the 
county of McDonough, be credited with the sum of nine- 
teen dollars and fifty-five cents, upon the state tax of the 
county of McDonough, for the years 1850 and 1851. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved Feb. 14th, 1855. 



[h force Feb. 15, AN ACT for the relief of Marvin Peck. 

1866. 

whereas. Whereas Marvin Peck, of the county of Tolland, state of 

Connecticut, represents that he is the owner of canal 
bonds, of the issue of 1847, numbered fifty-seven (57) 






97 1865. 

and fifty-eight (58) for one thousand dollars each ; and 
whereas none of the said coupons attached to said 
bonds have ever been presented for payment, for the 
reason that the first three coupons upon each bond had 
been stolen and destroyed — each of said coupons be- 
ing of the denomination of thirty dollars ; therefore — 
Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That where- 'w^to* 
in the said Marvin Peck, his heirs, or assessors, shall exe- 
cute a good and sufficient bond in the sum of three hundred 
and sixty-six dollars, payable to the state of Illinois, with 
such securities as shall be approved by the governor and »> ** •w«w«i. 
secretary of state, and conditioned for the full indemnity 
of the state against the production and payment or ina- 
bility in any manner whatever, by reason of the above 
described coupons, and file the said bond in the office of 
the secretary of state, the governor be and he is hereby GmmjgtaM 
authorised and required to issue a certificate for the 
amount ot said above described coupons, which certifi- 
cate shall express upon its face certificate No. I, 11, for 
the payment of six coupons which have been stolen and 
destroyed, and which said coupons were cut from canal 
bonds No. 57, (fifty-seven) and fifty-eight (58), they being 
the first coupons payable on each of the bonds above re- 
ferred to; which said certifier te shall be of the same force 
and effect of the said coupons, and entitle the holders 
thereof to the same rights, privileges and payment, in all 
respects whatever, as though they were the holders of the 
original coupons : Provided, that the governor shall not *ovteo. 
issue any certificate for such coupons represented as being 
lost, unless he is satisfied that they were really lost by the 
said Marvin Peck, and have never been taken up or paid 
by the state. This act to take effect and be in force from 
and after its passage. 

Approved Feb. 15, 1855. 



AN ACT to change the location of a part of the state road running from In force Feb. ti, 
Appanooce, in Hancock county, to Hunt's bridge, in McDonougfa county. »8K. 

Section 1. Be it enacted by the people of the state of t 

Illinois, represented in the General Assembly, That the Ranged? * 
state road running from Appanooce, in Hancock county, 
to Hunt's bridge, in McDonough county, shall be so alter- 
ed from the point where it strikes the west line of the south- 
west quarter of section twenty- seven, in township six north, 
*3f range number five west of the fourth principal meridian, 
7 



1865 



as to run south on said west line to the southwest corner 
of said section twenty-seven; thence east on the south lifif 
of said section to the southeast corner thereof ; thence south 
on the east line of section thirty- four, in said township, un- 
til it intersects said road, as now laid out; and that all the! 
portion of said road which runs diagonally across said sec 
tions twenty- seven and thirty- four, in said township, be 
and the same is hereby vacated. 

§ 2. This act shall take effect and be in force from 
and after its passage. 

Approved Feb. 15. 1855. 



Tq t ike oath. 



la force ; v.. U. AN ACT to establish a state road from Marion, in Williamson county. ' > 

De Soto, in Jackson county. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That Ste 
commissioners, phen S. Hall, of Jacksan county, and William Hinchcliff 
and Robert M. Hurdley, of Williamson county, be and 
they are hereby appointed commissioners to lay out and 
establish a state road, which shall commence at Marion, 
in Williamson count}-, and run to Sedcnia, in said county, 
and thence to De Soto, in Jackson county, crossing Big 
Muddy, nearer at or near Marshal Shoals. 

§ 2. It shall be the duty of said commissioners to 
proceed to Marion, in the county of Williamson, on the 
first Monday of April after the passage of this act, or as 
poon thereafter as they may find it convenient, and after 
having been sworn by some acting justice of the peace of 
said county, to view, mark and locate a road, as above de- 
signated, having due regard to private prope tj 
. § 3. When said commissioners shall have laid out and 

established the said road as aforesaid, they shall make out 
and deliver to the clerks of the counties through which 
said road passes, a copy or plat of said road, which plat, 
when so received by said clerks, shall be entered of record 
evidence. in their several offices: and the said entries, when so made-, 

shall be evidence in all courts in this state of the exist- 
ence of said road. 
Compensation. § 4. The county courts of the said counties through 

which said road passes, shall allow to the said commis- 
sioners, and to the said clerks, a reasonable compensation 
for their services rendered as aforesaid, in proportion to 
the amount of labor performed in each county. 
Approved Feb. 14. 1855. 



99 1855. 

; AN ACT to relocate a portion of Ihc state road from Carthage, in Hancock in force Feb. n. 
county, to Rushville, in Schuyler county. 1865- 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly. That Rich- commission! ;- 
ard Canon, Ambrose Bryant and Henry Harper, of Han- 
cock county, be and they are hereby appointed commis- 
sioners to relocate so much of the state road leading from 
Carthage, in Hancock county, to Rushville, in Schuvler 
county, as lies between the public square, in the town of 
Plymouth, in Hancock county, and the northwest corner of 
township four north, in range five west, in said county of 
Hancock, to the present located road, having due regard 
to the rights of persons and interest of the public. 

§ 2. That said commissioners meet before the first day to be sworn. 
of March next, at Plymouth, aforesaid, take an oath before 
some justice of the peace of Hancock county faithfully to 
perform their duties as such commissioners, pursuant to 
this act. That said commissioners, after taking such oath, 
proceed to view said road, and relocate the same, and make File i iat. 
an accurate plat of the road, or that part of it relocated by 
them, and file the same, with their report, in the office of 
the clerk of the county court of said county of Hancock, 
as soon as practicable after tbe completion thereof; and 
so much of said road as shall be so relocated is hereby de- 
clared to be a part of said state road from Carthage to 
Rushville, from and after said report and plat shall be filed 
with said clerk. So much of said old road as is affected 
thereby is hereby vacated, to take' effect after said report 
and plat shall be filed as aforesaid. Said clerk shall re- record- 

cord said plat and report; and said report and plat, or the 
record thereof, shall be evidence of said road, and such va- 
cation and relocation; and said commissioners shall be paid compensation. 
by said county one dollar and fifty cents to each of said 
commissioners for each day necessarily employed about 
their said duties. This act to be in force from and after 
its passage. 

Approved Feb. 14, 1855. 



AN ACT to provide for the ordinary and contingent expenses of the gov- j n f, jrc e Feb. 14, 
ernment until the adjournment of the next regular session of the general 1855. 

assembly. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the Appropriation*, 
following sums be and the same are hereby appropriated, to 
meet the ordinary and contingent expenses of the govern- 



1855. 



100 



Contingent fund. 



Executive L de 

partment. 



'Wnce of secreta- 
ry of state. 



I'uel, stationery) 
&c. 



Secretary of state 
for ddlcicey of 
1853. 



Indexing laws 
&c. 



A. Starne for 
expenses. 



Auditor's Mfflce 
for postage, &c. 



Office of ireaiu- 



Privat- 1 secretary 



1. ft. Dill«r pott- 
age. 



merit until the adjournment of the next regular session of 
the general assembly of the state of Illinois. 

1. A sum not exceeding eight thousand dollars, as a 
contingent fund to meet the contingent expenses of the 
state government; and the said sum shall be subject to the 
order of the governor, for the purpose of defraying all 
such expenses as are unforseen by the general assembly, 
or are unprovided for by law, and a proper statement of 
which shall be laid before the next general assembly by 
the auditor, in his biennial report. 

2. To the executive department, for postage, candles, 
books, stationery, &c, a sum not exceeding eight hundred 
dollars. 

3. To the secretary of state's office, for furniture and 
repairs of office, postage, printing, stationery, books, gas, 
&c, and for repairs, binding, subscription to periodicals, 
&c, for state library, a sum not exceeding three thousand 
dollars. 

4. For fuel for the use of the legislature and state 
officers, stationery, printing paper and other expenses ne- 
cessary in the discharge of the duties required of him as 
secretary of state, by the laws now in force, a sum not 
exceeding twelve thousand dollars. 

5. To the office of the secretary ol state, for deficiency 
of appropriation of 1853, to meet payments due for print- 
ing, paper, fuel, &c, a sum not exceeding three hundred 
dollars. 

6. To the secretary of state, the sum of one hundred 
dollars, for making index to the laws, journals and reports 
of the present general assc mbly. 

7. To A. Starne, the sum of twenty dollars, for expenses 
to Chicago, to purchase stationery, &c, for the use of the 
legislature. 

8. To the auditor's office, for furniture, repairs of 
office, printing blanks, patents, &c, for the use of the 
office, for postage, stationery, books and candles, and for 
contingent expenses necessary in the discharge of the du- 
ties required of him by law, a sum not exceeding six thou- 
sand dollars. 

9. To the office of the state treasurer, for books, fur- 
niture, postage, candles, stationery, &c, a sum not ex- 
ceeding five hundred dollars. 

10. The sum of five dollars per day to the clerk of 
the executive department, during the present session cf 
the legislature. 

11. To Isaac R. Diller, for postage on letters and 
documents from and to bank commissioners, from March 
1st, 1853, toJanuary 1st, 1855, the sum of fifty-three dol- 
lars and eighty cents. 



101 1856. 

12. To Messrs. Lanphier & Walker, for printing done Lanphur & 
for bank commissioners to July 10th, 1854, the sum of two WRlker- 
hundred and seventy-nine dollars and ninety- five cents. 

13. To W. B. Fondey, for carpet, &c., furnished the w. b. Fomiey. 
state, two hundred and fifty- seven dollars and fourteen 

cents. 

14. To the pages of the senate and house of represen- Pap tS of seaa* 
tatives, each the sum of one dollar and fifty cents per day, Bn hon * e- 
for the time actually employed, the number of days of each 

to be certified by the principal secretary of the senate and 
the clerk of the house. 

15. To John C. Lamb, for rent of building for state j. c. Lamb. 
armory, from January 1st, 1854, to January 1st, 1855, five 
hundred dollars. > 

16. To J. A. Hough, for making twenty-five desks for j. a. Hough, 
the senate chamber, five hundred dollars. 

17. To A. Gridley, for amount expended in procuring a. Gmwy. 
teams and conveyances for members of the legislature, 

one hundred and three dollars. 

18. To the clergymen of Springfield, v/ho have offi- clergymen 
ciated as chaplains to the general assembly, the sum of s^" 11 ^ 1 ' 1 - 
one hundred dollars, to be divided among them as they 

may agree among themselves. 

19. The auditor of public accounts is hereby author- Auditor to )••«' 
ised and required to issue his warrant on the treasurer in v,urrauu - 
favor of any person who has or may hereafter furnish for 

the use of this general asiembly, any stationery, printing, 
paper, candles, or other article, or lor work done, which 
shall be paid out of any money in the treasury not other- 
wise appropriated. The accounts shall be certified to by 
the proper officer and approved by the governor. 

20. To each member of the joint committee of the joint commute. 
senate and house of representatives, to visit the state pri- 
son at Alton, the sum of twenty-five dollars. 

21. The governor be and he is hereby authorised and Postage. 
required to order the payment of the postage accounts for 

this session of the general assembly, which shall be paid 
on the warrant of the auditor, out of any moneys in the 
treasury not otherwise appropriated. 

22. There shall be paid to publishers of the Illinois Publishers of it»- 
Journal and State Register, each, respectively, the sum of ^ J f I tM '* Dd J **" 
one hundred and fifty dollars for publishing the public 

laws passed at this session of the general assembly. 

23. The necessary amount to pay the expenses of ob- Abstract*. 
taining the abstracts of taxable lands from the several land 
offices, and for making abstracts thereof for the use of 

the counties, at the rate fixed by law, is hereby appro- 
priated. 



1855. 102 

John Hutchinson 24. To John Hutchinson, for making one book case 
for office of superintendent of public schools, the sum of 
twenty-eight dollars. 

Quai-tei-mast ••. 25. To the quarter master general, such an amount 
as the governor and auditor shall allow for work and servi- 
ces and for money expended in accordance with an act en- 
titled an act to preserve the state arms, approved March 
1st, 1847. 

insane Asylum. 26. To the Illinois state hospital for the insane, the 
sum of thirty thousand dollars per annum, which shall be 
paid to the treasurer of said institution quarterly, in such 
sums as may be necessary to meet the expenses of the in- 
stitution : Provided, that the treasurer aforesaid shall first 
account for all moneys heretofore received by him as now 
provided for by law, and shall file in the office of the au- 
ditor a written estimate of the amount necessary to meet 
the expenses of the institution until the end of the fol- 
lowing quarter, which amount he shall be entitled to re- 
ceive, and at the end of each quarter, and before he shall 
draw any further sum from the state, he shall file vouchers 
for the payments made out of the funds in his hands, and 
if there be any unexpended funds in his hands, the amount 
thereof shall be deducted from the amount of the estimate 
from the next quarter. 

Biinu\asyium, : ind 27. To the "institution for the education of the blind," 

«ieai ami dumb. j-i !e sum f fourteen thousand dollars per annum, and to 
the ' : Illinois institution for the education of the deaf and 
dumb," the sum of twenty thousand dollars per annum, for 
expenses and repairs, which shall be paid and accounted 
for in like manner as the foregoing appropriation made to 
the Illinois state hospital for the insane. 

L . i. h r ia . 28. That D. L. Phillips be and he is hereby allowed 

the sum of forty-five dollars, for nine days services as ser- 
geant- at- arras, pro. tern., of the senate. 

Public grounds. 29. The sum of four thousand five hundred f dollars] 
is appropriated to fix the roof of the state house and fur- 
ther complete the work around the public giounds, to be 
drawn upon by the joint requisition of the governor, au- 
ditor and treasurer. 

Gownor's house SO. The sum of sixteen thousand dollars is appropria- 
ted to finish the governor's house, to be drawn by the joint 
requisition of the governor, auditor and treasurer, 
and dumb, 31. To the Illinois institution for the education of the 
tor repairs. deaf and dumb, the sum of five thousand dollars, to finish 
repairs on the main building of said institution. 

i. s. Britton. 32. To Isaac S. Britton, for writing and business done 

in the office of the superintendent of public schools, the 
sum of forty dollars. 



103 1855. 

33. To John Eck, for services as mail messenger, the J - ec*. 
sum of one dollar per day, during the session of the pre- 
sent general assembly. 

Approved Feb. 14, 1855. 



AN ACT to enable the auditor of public accounts to pay the interest on the In force Fee. i 
school fund to White county. lS56 - 

Whereas the collector of revenues of White county, in Preamble 
this state, for the year 1847, failed to pay a portion of 
interest due said county on the school, college and sem- 
inary fund for said year; therefore, 

Section 1. Be it enacted by the people of the state o/'Duty at Awm. i 
Illinois, represented in the General Assembly, That the au- 
ditor of this state is hereby authojised and required to draw 
his warrant on the state treasurer of this state, in favor of 
said county, for the sum of four hundred and one dollars 
and eighty- eight cents, being the amount of said interest 
remaining due and unpaid to said county; which sum shall 
be paid out of any moneys in the treasury not otherwise 
appropriated. 

§ 2. This act shall be deemed a public act, and take 
effect and be in force from and after its passage. 
Approved Feb. 15, 1855. 



AN ACT to provide for the paying: the expenses of the present General As- info: >• yy 

sembly. 

Section 1. Be it enacted by the people of the state, of 
Illinois, represented in the General Assembly, That the 
balance of revenue funds now on hand in the state treasu- 
ry be and the same are hereby appropriated exclusively to 
pay the expenses of the members and officers of the pres- 
ent General Assembly. 

§ 2. That in case of deficiency from the revenue the 
state treasurer is hereby authorised to use from the state 
debt fund now on hand the amount so used, to be replaced 
from the revenue received into the treasury during the 
present year. 

§ 3. This act to be in force from and after its passage. 

Approved Feb. 12, 1855. 



1S65. 



104 



fe force Feb. 16, AN ACT to authorise the trustee« of the Illinois and Michigan Canal to 
1855. make an appropriation for the building: of a bridge over the canal at Sen- 

eca, in La Salle county. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
board of trustees of the Illinois and Michigan Canal be 
and they are hereby authorised to appropriate, out of the 
canal fund, any sum not exceeding fifteen hundred dollars, 
for the construction of a carriage bridge over said canal on 
section number twenty-three, (23,) in township number 
thirty- three, in range number five east of the 3d principal 
meridian, at Seneca, in La Salle county. 

§ 2. This act to take effect and be in force from 
and after its passage. 

Approved Feb. 15, 1855. 



in for«a Feb. 15, AN ACT to relocate a portion of the state road leading from Charleston to 
1856 - Danville. 



• H»mi>.jioiiers. 



7« take '»»l!i. 



Section I. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Josiah 
Sandusky, Harvey Sodowski and John Thompson be and 
they are hereby appointed commissioneis to relocate so 
much of the state road leading from Charleston to Dan- 
ville as lies in township 18 north, of range 12 west, in Ver- 
milion county, having due regard to private property and 
the convenience of the public. 

§ 2. That said commissioners ahall meet at the court 
house, in Danville, on or before the first day of April next 
after the passage of this act, or as soon thereafter as pos- 
sible, and take an oath before some justice of the peace of 
said county well and truly to perform the duties required 
of them by this act. 

wicuiau. § 3. When the commissioners shall have viewed the 

«aid ground, and shall have relocated said road in said 
township, it shall b© their duty to make out a plat of the 
road so relocated, and lay it before the board of supervi- 
sors of said county of Vermilion as soon as practicable af- 
ter the completion of the same; and the road so located is 
hereby declared to be a state road; and so much of the old 
as may be affected by said relocation is hereby vacated. 

*« t><» eri<ienc«. § 4. The said plat shall be evidence hereefter in all 
courts of record in this state; and it shall be the duty oi 
the clerk of the board of supervisors of said county to re- 
cord said plat on the records of his office; and said board 
of supervisors shall allow to said commissioners a reason- 



105 1866. 

able compensation for the services required by this act. 
This act to take effect and be in foroe from and after its 
passage. 

Approved Feb. 15, 1855. 



A.N ACT to establish a state road from McLeansboro, in Hamilton county, In fore* Feb. 16, 
to Salem, in Marion county. 1858 - ( 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Cloyd commtsiion«ri. 
Crouch, of Hamilton county, Thomas B. Richardson, of 
Wayne county, John Bagwell, of Jefferson county, and Cy- 
rus W. Webster, of Marion county, be and they are hereby 
appointed commissioners to locate a state road from Mc- 
Leansboro, in Hamilton county, via Middletown, in Wayne 
county, to Salem, in Marion county. 

§ 2. The said commissioners, or a majority of them, Tom««*. 
ihall meet at McLeansboro, on the first Monday in June 
next, or as soon thereafter as convenient, and after calling 
to their assistance two chainmen and one axeman, and af- Take oath. 
ter being sworn by some justice of the peace faithfully to 
discharge the duties required of them by this act, shall pro- 
ceed to survey, mark and locate said road, and having so 
located the same, shall, within thirty days thereafter, re- 
turn to the office of the clerk of the county court of each 
of said counties through which said road does pass, one 
copy of the plat of survey, together with the field notes 
thereof; which, together with the report of said commis- 
sioners, shall be spread upon the records of said county 
courts. 

§ 3. The county court of each county through which F1 j« t re P° rt *** 
laid road shall have been located shall, at the first term of 
■aid county court which shall be held after the location as 
aforesaid, notify the supervisor of roads in each district 
in which said road is laid out of the location of said road, 
and cause the same to be opened immediately, and kept in 
repair as other roads are. 

§ 4. In locating said road the commissioners shall have t<» beop«n*u 
due regard to private property, doing as little damage as 
is consistent with the public interest. 

§ 5. The said commissioners shall each receive as a compensation, 
compensation for their services the sum of two dollars per 
day, and the chain carriers one dollar and fifty cents each per 
day, and axeman one dollar and fifty cents per day, which 
shall be paid out of the treasuries of the respective coun- 
ties, on the order of the county court, in proportion to the 
distance which said road may run in each county. 



1855. 106 



p«ij!ic road. § 6. Said road, when so located, shall be and the same 

is hereby declared a state road, and shall be opened four 
rods wide, and kept in repair as other state roads. 

§ 7. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 15, 1855. 



la orce Feb. 15 AN ACT organising a school district in Vermilion county, and author- 
1855. ising the sale of school lands therein. 

Section 1. Be it enacted by the people of the state <f 
Illinois, represented in the General Assembly, That all 

New district that part of township twenty north, ot range ten west, in 

formed. Vermilion county, heretofore attached to and forming a 

part of the school district situated in range eleven, town- 
ship twenty, in said county, be detached from said school 
district, and formed into a separate school district, subject 
to all the rules and regulations and to enjoy all the privile- 
ges and advantages which any other school district in said 
comm'er author- county is now subject to or enjoy. 

School lands! 60 § 2. That the school commissioner of Vermilion coun- 
ty be and he is hereby authorised and requested to sell 
all the school lands situated in township twenty north, of 
range ten west, in said county, upon the presentation to 
him of a petition signed and sworn to, as required by an 
act entitled "An act to establish and maintain common 
schools," in force April 13th, 1849 ; and the funds arising 
from the sale of said lands to be for the use ot said town- 
ship, and to be paid over as in other cases of sales of 
school lands. 

•loner tohegov- § 3. That the said school commissioner shall be gov- 
erned, in all respects, in the sale of said school lands, as now 
governed in the sale of other school lands in said county. 
§ 4. That an act organizing a school district in Ver- 
milion county and authorising the sale of school lands 
therein, approved Feb. 6, 1843, [be and is hereby re- 
pf aled.] 

§ 5. All acts and parts of acts in conflict with this act 
be and the same are hereby repealed. This act to take af- 
fect and be in force from and after its passage. 
Approved Feb. 15, 1855. 



eined. 



Act repealed. 



(a force Feb. 16, 
1855. 



AN ACT for the relief of Joseph Harvey and William Harvey. 

Whereas Joseph Harvey and William Harvey, of the city 
of Philadelphia, were, on or about the month of January, 
in the year one thousand eight hundred and forty- six, 



107 1855. 

the owners of three certain internal improvement scrip 
of this state, of the following tenor and description : No. 
3024, letter B, dated March 17th, 1840, for onr hundred 
dollars, payable to and endorsed by H. Fellows, issued on 
draft No. 534, and drawing interest from the 20th day of 
September, in the year eighteen hundred and thirty-nine; 
No'. 3027, letter B; No. 3028, letter B, both of the same 
date, for the same amount, issued on the same draft, and 
bearing interest from the same date as that first above 
described, which were stolen from the abovenamed Jo- 
seph Harvey and William Harvey; therefore, 
Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly ', That when- Heas to «•<**« 
ever the said Joseph Harvey and William Harvey, or their bon4, 
legal representatives or assigns, shall execute a good and 
sufficient bond, in the sum of one thousand dollars, paya- 
ble to the state of Illinois, with such securities as shall be Tobe approved, 
approved by the governor and secretary of state, and con- 
ditioned for the full indemnity of the state against the pro- 
duction, payment or liability in any manner whatever by 
reason of the above described scrip, and file the said bond 
in the office of the secretary of state, the governor be and Governor toissve 
he is hereby authorised and required to issue a certificate c 
or certificates of state indebtedness lor the amount of the 
above described scrip, to draw interest from the time the 
said scrip were to draw interest, as above described; which 
said certificate shall express upon the face thereof the ob- 
ject and purpose for which they are made, and describe 
the scrip for which they are issued; and such certificates 
shall be of the same force and effect as the said scrip, 
and entitle the holders thereof to the rights and payments 
in all respects whatsoever as though they were the hold- 
ers of the said original scrip. 

§ 2. It shall be the 'luty of the governor and secretary, o«ty or governor 
before issuing the certificates mentioned in the first sec- andsec " tary - 
tion of this act, to ascertain whether the scrip mentioned 
and described in the preamble of this act have been in any 
manner paid or taken up by the state ; and in case said 
scrip has been paid or taken up by the state, no certificate 
shall be issued as contemplated by the first section of this act. 
§ 3. This act to be in force from and after its passage. 
Approved Feb. 15, 1855. 



AN ACT to authorije certain commissioners to file a state road report in In force Feb. is, 
Kane county, and to open the road therein mentioned. i 855 - 

Whereas Edward Eldridge, Horace Potter and Peleg T. Preamble. 
Bliss, commissioners under section 17 of an act enti- 
tled "An act for the location of certain state roads there- 



1865. 108 

in named, and for the vacation of other state roads,'' ap- 
proved March 1st, 1845, appointed to locate a state 
road from the steam mills, in Cook county, through Du 
Page and Kane counties, to the intersection of the 
Aurora and Dixon road, located the said road and filed 
or cause to be filed their report thereof, in the office of 
the clerk of the county commissioners' court in the 
counties of Cook, Du Page, Kane and De Kalb, respec- 
tively, in the fall of 1845; and whereas it is represent- 
ed that the copy of said report, so filed in the counties 
of Kane, has become mislaid or lost ; therefore, 
Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That it 
a. make report s hall be the duty of the said commissioners above named, 
ma aiesame. Qr a ma j rity of them, without delay, to cause a copy, as 
near as may be, of their said report, to be made out and 
signed, and deliver the same to the clerk of the county 
of Kane, whose duty it shall be to file the same. Which 
report made and filed shall be valid and have the full 
force and effect of the said original report so lost or 
mislaid. 
■•vMisw § 2- The cost of making and filing such report shall 

be a charge against the county of Kane, to be audited and 
allowed by the board of supervisors of said county, at the 
rate allowed by the above recited act to said commission- 
ers' surveyor, for their services under the first section of 
this act. 
R.m.b. opened § 3. It shall be the duty of the commissioners of high- 
ways of the town of Aurora, in said county, to cause the 
said state road running through said town to be opened 
and worked for public use, according to the original sur- 
vey and location thereof, without delay. 
Approved Feb. 15, 1855. 



fwa« Feb. 15 A ^ ACT to vacate ft certain alley in the town of Ruahville. 



lSn5. 



!i;7 Tao&tfd. 



Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That the 
alley situated on the north side of Washington street, di- 
viding blocks two (2) and fifteen, (16,) in McCreery's ad- 
dition to the town of Rushville, Schuyler county, Illinois, 
and running between the property occupied [byj R. Wells 
on the west, and by J. H. Myers on the east, in said town, 
be and is hereby vacated. 

§ 2. This act to take effect from and after its passage. 

Approved Feb. 15, 1855. 



109 1855. 

AN ACT to authorise the sheiiff of St. Clair county to collect a certain in force Feb. is, 
school tax therein named. 1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the sheriff to collect 
sheriff of St. Clair county shall collect with the taxes of s P ecialt «- 
the year 1854, in said county, the special school tax levied 
for the purpose of building a school house in school dis- 
trict No. two, in township two north, of range six west, in 
said county, in the year 1S53, which was omitted to be 
levied and collected upon the south half of section seven- 
teen, and the north half of section eighteen, and an eighty 
acre lot in section sixteen, in said district ; the same to 
be levied and assessed upon such lands at the same rate 
and upon the valuation of said lands for that year; and that 
for the collection of the same he shall have the same pow- 
ers and commissions as are exercised and had under the 
revenue laws of this state; and when so collected shall pay 
the same over to the treasurer of said school district. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 15, 1855. 



AN ACT to locate a state road from Kingston, in Adams county, to Mat- In force Feb. 16, 
thew Moore's. * 856 ' 

Section 1. Be it enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That Thomas CuumiissioBeri. 
C. Young, James Hazelwood and Henry Lile, of the coun- 
ty of Adams, be and they are hereby appointed commis- 
sioners to view, mark out and locate a state road from 
Kingston, in said county of Adams, to Matthew Moore's, 
to intersect the bottom road from Quincy, in Adams coun- 
ty, to Atlas, in Pike county, at or near the residence of 
said Moore, in township three south, range seven west. 

§ '2, Said commissioners shall meet to perform the du- Tot»keo«tfc 
ty required of them by this act, or any two of them, be- 
tween the first day of February, A. D. 1855, and the first 
day of January, A. D. 1856, and they be and are hereby 
authorised and empowered to employ a surveyor, and such 
other person or persons as they may think necessary and 
proper to be employed in and about the location of said 
road, and the per diem of said commissioners and the per- 
sons employed by them shall be paid by the supeivisors 5 
court of the county of Adams, and paid out of the county 
treasury. 

§ 3. Said commissioners, after they shall have met File »«v* rt « 
and performed the duty herein required of them, shall 



1855. 110 

make out a report in writing of their actings and doings in 
the premises, and shall file the same, together with a plat 
or survey of said road, with the clerk of the county court 
of the county of Adams, after which said road shall be 
opened and worked as other state roads. 

§ 4j This act shall take effect and be in force from 
and after its passage. 

Approved Feb. 15, 1855. 



i. Par Feb. 13 -^-^ ACT la provide for the building of a school house therein named 



1855. 



p -amijie. Whereas the legal voters of school district No. 3, in town- 

ship 6 south, range four west, in Pike county, having in 
pursuance of notice given by the school directors, met 
in said district, on the 6th day of May, 1854, and after 
having organised according to iaw, did, by vote, decide to 
levy a tax to build a school house, and iix a site for the 
same; therefore, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
D« r urectori. school directors of said school district No. 3, in township 
six south, range four west, as aforesaid, be and they art 
hereby required to proceed, at as early a day as possible, 
to the erection of a school house at the centre of said dis- 
trict, in pursuance of the vote of said meeting of legal vo- 
ters, and for that purpose are hereby required to expend 
the tax now in progress of collection, together with such 
other funds or labor as may be contributed in aid of the 
erection of said school house, towards the building and 
furnishing of the same. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved Feb. 13, 1855. 



la v>rce Feb. 6, AN ACT Lo make valid a school tax levied in school district No. one, 
1865. in the town of Hall, county ef Bu'eau, state of Illinois. 

Secion 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That, a 
Proceeding legal- school taxi evied by the inhabitants, voters of school district 
lsed - No. one, in the town «f Hall, county of Bureau, at a meet- 

ing held in the school house, in said district, on the first 
Saturday of May, A. D. 1854, be and the same is hereby 



Ill 1855 

declared legal and valid, and shall be collected by law as . 
other taxes are collected. 

§ 2. This act to take effect from and after its passage. 

Approved Feb. 6, 1855. 



AN ACT for the relief of Englehart R. Clemens. in force Feb. 14, 



1855. 



Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That the 
said Englehart R. Clemens, of the county of Hancock, 
be and he is hereby restored to all the rights, privileges 
and capacities of a citizen of this state. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved Feb. 14, 1855. 



AN ACT for the relief of James S. Martin and others. 



In force Feb 
1856. 



Whereas James S. Martin and Benjamin F. Marshall did, p re(tf nMe. 
on the seventh day of December, 1853, purchase the 
southeast fourth of the northeast fourth, and Thomas B. 
Lester did, on the same day, purchase the northeast 
fourth of the northeast fourth of section eighteen, in 
township two north, range one east, in Marion county, 
said lands being sold as state lands, and for which the 
parties aforesaid paid to the auditor at the rate of three v 
dollars and a half per acre, amounting to the sum of two 
hundred and eighty dollars; and whereas it has been since 
ascertained that the state had no title to said land, and 
therefore cannot make good the sale to the said purcha- 
• sers; and whereas the purchase money has not been with- 
drawn from the state; therefore, 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General Jlssembty, That the au- Duy f auditor. 
ditor be authorised to transfer, in lieu of the lands afore- 
said, to the said Martin and Marshall, the southeast fourth 
of the northeast fourth, and to the said Lester the north- 
east fourth of the northeast fourth of section twenty- one. 
in the township and range aforesaid. 

§ 2. This act to be in force from and after its pas- 
sage. 

Approved Feb. 14, 1855. 



1855. 112 

Jj» force Feb. i* 3 AN ACT to vacate a certain alley in the village of Sycamore, in De Kalfe 
1855. eounty. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
alley, in block number (13) thirteen, in the village of 
Sycamore, in De Kalb county, be and the same is hereby 
vacated 

§ 2. This act shall take effect from and after its pas- 
sage. 

Approved Feb. 15, 1855. 



In forceFeb. 14, AN ACT to amend " An act to provide for leasing the land granted as a 
1855. common to the inhabitants of the town of Prairie du Rocher, in Randolph 

county, for school purposes," approved February 8th, A. D. 1851. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 

Duty of trustees, president and trustees of the commons of Prairie du Ro- 
cher, be and they are hereby authorised to apply the pro- 
ceeds which have now accrued and which may hereafter 
accrue from the leasing of the common lands of Prairie 
du Rocher, in due proportion to the number of white 
children under the age of twenty years, attending school, 
and residing in said town, and on the said commons of 
Prairie du Rocher, respectively, and that such proceeds 
be distributed by them on all schedules properly kept and 
certified according to the ordinances and by-laws of the 
aforesaid president and trustees of the commons of Prairie 
du Rocher. 

Acts r«peai«d . § 2- That so much of said act, of which this is an 

amendment, which [as] empowers said president and 
trustees to establish not more than two elementary schools 
in the town of Prairie du Rocher, be and the same is here- 
by rep eatad.. 

§ 3. This act to take effect and be in force from and 
after its passage. 

Approved Feb. 14, 1855. 



113 1855. 

AN ACT for the relief of Jeremiah Strawn. i E forc <, p el) , 3 , 

1355. 

Whereas Jeremiah Strawii did, on or the -20th day ?.-e 

of October, A. D 1830, a of J. B. ( , trea- 

>f cofff||fesioiiers of wis and 

IWie ■ be west 

, quarter of sect' 9,) 

in townsflHpiirty-three (33) north, o number 

two (2 J ; 'e, and state of Illi- 

nois, and paid to said treasurer the sum ;e hun- 

dred dollars, the full amount of the p : money 

therefor; and w 

Strawn for said lands, executed by the veinor 

of the state, bearing date of October the 29th, A. D. 
1831, and it appearing that said deed has been lost; 
therefore, 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General Assembly, That th . • **■ 

governor be and he is hereby aut to execute and - rWd - 

deliver to the said Jeremiah Strawn a deed for the afore- 
said lands, 

§ 2. This act to take el rora and 

after its passage. 

Approved F 'b. 3d. 1855. 



AN ACT to establish the co'inty of Harrison, ind for other purposes 
therein named. 

Section 1. Be it enacted by h > of .the state 

Illinois:, represented- in the General Assembly, That all Ne ,. f . ,. fy 
those portions of the counties oi McLean. Champaign and f0 *J n ' d *2 !£ 

l . , . . „ , I a called B»rrt- 

Vermilion, lying within the rollowmg boundaries, to wit : son. 
Commencing at the northeast corm if :ion twenty- 
four, (24,) iownship twenty-five (25) north, range s« ven 
(7) east of the third pri rid i an, and ruin 

thence west twelve miles to the northwest corner of sec- 
tion nineteen ( 19,) in to wtis hip twenty 55) north, of 
range six (8) east of said meridian; thence south three 
miles > the township line >et ween township umt 
(24) and twenty-five (2o) nortl I of 
said meridian west, o >rth- 
west corner of section ' ty-four 
(24) norths of range rd prin- 

il meridian ; thence south, ihe south- . 

we-Jt , ( i I,) _ •. aty-one 

(21) north, of range four (4) east of lerid'ran ; 

thence east twenty miles, to ihe southeast corner of sec- 
8 



1855. 114 

tion twelve (12,) township twenty-one (21 ) range 
seven (7) east; and thence north, on the rangeiine, to the 
place of beginning, be and the same are hereby created into 
pto»»o. a new county, to be called the county of Harrison: Provided, 

that a majority ot all the legal voters of each of said count'es 
of McLean, Champaign ami Vermilion, voting on the ques- 
tion, shall vote for the same in the manner hereinafter 
provided. 
voters to vo'e for § 2. The qualified voters of said counties of McLean, 
or against or- Champa : gn and Vet milion, may , at the general election to 

giwlzation. la ' J ' a 

be held on the first Monday of June next, for the election 
of judges of the circuit courts, vote for or against the or- 
ganization of said new county of Harrison, by ballot, upon 
which shall be written or printed, or partly written and 
partly printed, "for the new county," or "against the new 
county." 

apnmy clerks to § 3. The county clerks of the counties of McLean, 

frenetic*?. Champaign and Vermilion shall give notice of said elec- 
tion in the several election districts of said counlies, in 
the same manner as notices of general orspecial elections 
are given, as nearly as may be ; and the judges of election 
and the clerks of the said several election districts of said 
counties of McLean, Champaign and Vermilion shall keep 
a list of the votes polled at said election, and certify to 
and return the same to the clerks of the county courts of 
their respective counties, in the samn manner as is provi- 

«»vra»s and re- ded for general elections. The said clerks shall, within 
tmmofvot.es. seV en days after said election, proceed to canvass the said 
vote in the same manner as in general elections; and the 
said clerk of McLean county court shall make return of 
the votes of said McLean county to James Miller and 
William H. Temple, of said county; and the clerk of the 
county court of Champaign county shall make return of 
the votes of said Champaign county to Elisha Iiarkness 
and Thompson Webber, of said county; and the cleik of 
the county court of Vermilion county shall make return 
of votes of said Vermilion county to Amos Williams, 
Alvin Gilbert, of said county, in each case within six days 

Rottim ot votes after the same have been canvassed; and each of said 
to secretary of clerks shall also, within ten lavs, make return of said votes 

utale. . - •> 

to the secretary ot slate 
special election § 4. If it shall be found that a majority of all the vo- 
tobeheid. ^ ers j n eac }j, f staid counties of McLean, Champaign and 

Vermilion, voting upon the question, have voted in favor 
of the organization of said new county of Harrison, then 
there shall be held a special election in the several towns 
and precincts within the limits in this act described, for 
saiu new county of Harrison, on the second Monday in 
July next, for county officers. Said election shall be con- 
ducted by the judges of election then holding office under 
appointment or election in the counties of McLean, Cham- 



115 1856. 

paign and Vermilion, and at the usual places of holding 
elections; at which election the qualified voters of said 
county of Harrison shall elect all county officers for said 
county, except such as are hereinafter exempted, who 
shall be commissioned and qualified in the same manner 
as such officers are in other counties in this state, and 
shall hold said offices until the next general election for 
such officers, and until their successors shall have been 
elected and qualified, and shall have all the jurisdiction 
and perform all the duties which are or may be conferred 
upon or required of similar officers in other counties of 
this state. 

5 5. All the justices of the peace, constables, or other Justices ami om- 

m i 'lit i 1 ». e I i. J j i- er officers to hoM 

cers who snail have been heretolore elected and quail- their offices (pa- 
ged in the counties of McLean, Champaign and Vermilion, %■££* e * plM 
whose term of office shall not have expired at the time of 
-said election, and whose place of residence shall be em- 
braced within the limits of the said county of Harrison, 
shall continue to hold their said offices, and exercise the 
jurisdiction and perform the duties thereof until their term 
of office shall expire, and until their successors shall be 
elected and qualified, and only such additional justices and 
constables shall be elected as may be necessary to supply 
deficiencies. 

§ 6. For the purpose of fixing the permanent county conau «e»t, 
seat of said county of Harrison, the voters of said county 
shall, at said elt ction for cuunty officers, vote for some place 
to be designated upon their ballots for a county seat; upon 
said ballots shall be written or printed, or partly written 

and "partly printed " for county seat ." After which 

words shall be written or printed the name of the place 
intended. The place receiving the majority of all the votes 
polled upon that question shall be the county seat of said 
Harrison county ; but if no one place shall receive a ma- 
jority o} all the votes polled upon that question, then it Duty or <<«,<, 
shall be the duty of the county court of said county to 
call another election, within thirty days thereafter, at the 
several places of holding elections in said county, at 
which time the voters of said county shall select and vote 
for one of the two places having the highest number of 
votes on the f rmer election, and the place having the 
majority of all the votes given shall be the permanent 
county seat of the said Harrison county. 

§ 7. Notice of sai 1 election for county officers shall be Notice of eiecttw 
given by said James Miller, William H. Temple, Elisha 
Harkness, Thompson Webber. Amos Williams and Alvin 
Gilbert, or any two of them, in the same manner as notice 
of general elections are given by the clerks of the county- 
courts. Said noti es shall also specify that a vote will 
be «.aken on the location of the county seat. 



1W00. 



HO 






1 



> '8. R ' . election shall bs made to Ashley 

F :)r, of Cfi floe day saiB 

justices of 
of f\ ' 

e i Ics, 

tee ret i 






»f the 



peace 



Sotlci 
mutI 



Wll i 






Oo- a 
be a 



- ; aired of 

IWS. 

n or 

of 'Mc Lean, C : ith- 

in the couri- 

!tes, in matters of probate, before the 

ion of sai :y of Harrison, shall nqt be affe6i- 

cutions and pro- 
ceedings sWU be pros'ee id to their final 
• McLean, Champaign and 

ies of McLean, 
\ milion are el iHsed to - 

■ £ letiofi of 

said 
- 
:d 
under the provisions of this section, shall have the same 
liei . ■" ' i ; the limits of said county of 

Harrison as t! .\ had not been erect- 

ed in to a St pj "ate c Oi .' , 

§ fO. As soon as c ' jier's shall have been 

1, the said county of Harrison shall be 

considered Organi of the circuit court 

shall ' circuit, 

b designated 

i.1' at is 

local L- Said circuit court shall be 

ill direct 'in til other- 
ise'-pr'ovid ' 

5 II. eral towns embraced 

Harrison shall be paid 
ami deli by the school Commi rs of the 

m to the 
Hi i i-on as s on 

R 12, Tl ' o said c^ Harrison 

rec- 

r, for 

n oath 

I ■ Said 

oofes, 
; re- 
leipi; for the same to the clerk of the coon- v court. 



117 1855. 

§ 13. A': v ] 5'- id p] si ! be delivered to said ■ ■• i « -■-- 
comm' • , 

der of his appoi I of his oath of office, ai 



ord^s' of his ![■;• I Of his oa 

Acs 
v ich dt eds m 3 rs, oi e\ " de- 

li the ao' r ificates r 

ting in 

have 

>: ' - 

corder'.-': 'and 

Vermilion: and 

such sum for his service 11 deem just, tp 

b< >ut of • tjl •' I 

si note, at ! 
th e b o p k , p ag e a 
cv' 

§ 14. V id eOirin * 

his work he sliall mak< return ks to ■■•> ° 

of [h - court of Hai 

tak i • - ■ . - looks 

of s u .■ 

record 

places in [.he : r .1 • • ■■,.;■ ' ers, 

r< ! ' ' ■ a^re evidence, 

an;! same cfl 

§ 3 5. Becretwr 

CQU 

V J 

of • state. 

§ 16. This ajci shall be in fores from and afl ■; i • pas- 
sage. 

Approved Feb. 14, ! >S55. 



AN ACT for the rel f Farm R Inforcei ;.. i 

1855. 

Whereas on the FarcS], A. D. 1^3.8, Pajrmen,us freami . 

Redman < II li 1 ;s in 

Shawn indreu and 

five and and 

1176, ) in e< ton 

S lots, 

and - on- 

Biderati failed, 

and the said Pas menu s E life 

intestate, leaving him su living w 



1855. 118 

Sarah Ann, wife of Addison T. Posey, William A, Red- 
man, Charles S. Redman, Miry J. Redman and Eliza- 
beth E. Redman, his children; therefore, 
Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General */2ssem')lt/, That the 
i>yf 7 ,,f auditor, auditor of public accounts be and is hereoy directed, to is- 
sue his warrant upon the treasurer, in favor of said heirs, in 
the sum of three hundred and ten dollars. 

§ 2. This act to take effect from and alter its passage,. 
Approved Feb. 15, 1855. 



1856 



Pet,. 15, AN ACT to locate and e-tabli>h a public road from the city of La Salle to 
*' 'he north line <>f town-hip thirty-eight north, in range" one east of the 

third principal meridian. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That O. J. 

eemutiwkmera. Gibbs and George Augustine, of La Salle county, and Isaac 
McFarland, of Lee county, be and they are hereby ap- 
pointed commissioners to view, mark and locate a state 
road from La Salle, in La Salle county, to the north line 
of township No. thirty-eight north, in range one east of 
the third principal meridian. 

Tatakeoatb, § 2. The paid commissioners, or any two of them, shall 

meet in the town of La Salle, on some day to be fixed by 
them, prior to the first day of September next, and before 
entering upon the duties assigned them by this act, shall 
take an oath before some justice of >he peace of La Salle 
county faithfully to discharge the duties required of them 
by this act, and shall proceed to view, mark and locate 
said road four rods wide, on the nearest and most eligible 
route. 

u«:,cp,ru § 3. Upon such location being made, the said com- 

missioners, or any two of them, shall make a report of the 
same to the county courts in the counties in which said 
road shall be located, and said road thereupon be opened 
and kept in repair in the same manner that other state 
roads are; and said road is hereby declared to be a state 
road. 

o .n.p u^iwii. § 4. The counties ill which said read shall be located 

shall allow said commissioners, their surveyor and assist- 
ants, a reasonable compensation for their services, in pro- 
portion to the extent of said road in each of said counties. 
Approved Feb 15, 1855, 



119 1856. 

AN ACT to locate certain state roads in Marshall county. In force Feb. ts., 

J 1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That 
Lewis Black, II. Symp&on and William Lynn, are hereby commi«i«w.. 
appointed commissioners to locate a state road, com- 
mencing on the county line between Marshall and Wood- 
ford counties, at the n »rth'west corner of section two, in 
township twenty-eight north, of range two west of the 
third principal meridian, and running thence east along 
s iid county line to the northeast corner of the northwest 
quarter of section three, in township twenty-eight, in range 
one west of the third principal meridian; thence south 
forty-six (46) rods; thence east one mile and a quarter, 
to a point on the line running north and south through 
the centre of the northeast quarter of section two, in 
townsttip twenty- eight north, of range one west of the 
third principal meridian ; thence south to the section line ; 
thence east on the se. tion lines to the Illinois Central 
Railroad ; thence to Minunk station, on said road. 

§ 2. That David Myers, Alien Hunter and Asa Thomp- commission. 
son are hereby appointed commissioners to locate a state 
road, commencing at the east end of Twelfth street, in the 
city of Lacon, or at the south east corner of the south- 
east quarter of the northwest quarter of section twenty- 
five, in township thirty north, of range three west, of the 
third principal meridian ; thence easterly, on or ne ir the 
half section line, to the bluff; thence northeasterly through 
the timber and barrens, to the centre of the southwest 
quarter of sec' ion twenty- two, township thirty north, of 
range two west of the third principal meridian; thence 
east three fourths of a mile ; thefice north eighty rods ; 
thence east on the half section line one and three-fourths 
miles; til e nee northeasterly on track of old road, or near 
the sane, to the southwest corner of Green Culiom's 
field ; thence easterly on the most practicable route to 
the state road leading from Lacon to Magnolia, intersect- 
ing the same, at or near Stut'er's school house. 

§ 3. Said commissioners shall meet at some place in T.,takeo.i«i. 
Marshall county, within eight months, and after being 
duly sworn, proceed to locate said roads, and shall cause 
the same to be surveyed and platted, and shall cause a 
copy of the same to be filed with each of the town clerks 
of the townships in Marshall county through which the 
same passes ; and shall also cause a copy of the plat and 
survey of the first named road to be filed with the clerk 
of the county court o( Woodford county; and when the 
plats and surveys shall be filed as aforesaid, the same shall 
be and are declared public roads, four rods in width, 
and shall oe opened and kept in repair by the legal author- 
ities. 



1855. 120 

■■"'-■*• § 4. The Said commissioners shall, v.! en they locate 

said roads, \ amages are claimed by any owners of 

land through wh • sa ie passes, if they cannot agree 

with said o v to the amount, proceed to assess said 

damage, and make return of said assess] their 

plat and survey ; and the owner of the land, or a , 
on behalf of the people of the townships, ma- 

al from said a&sessi s to the circuit 

rt of said com din he clerk of the 

'dt court of it! i twenty days after 

filing said plat, survey rent with the town 

clerk. 

* § 5. es of the fir road :,; be 

paid eq. nty cou; 

shall and "V; ord, e-s of the last: named 

road shall be t 1 >urt of M I eoun- 

tyywhic 'd equally ai the tov/nship$ 

thro 

§6. This a ct and be in force from 

an. 

Approvi 1855. 



'N ACTm of: schools fractional to umber 

28 ; on ■■, v ; ihe 4th p: ncipal inei 

cerh »in 

Witt ^\i<] B. Sears and other? did, in January* 'A. 

D.1847, deeds 1 the trusie >ols 

in n north, of range S west, of 

the- fourth ] ri<Han, in Roclt Island cou; y,and 

si cts of land, to wit: lots noro- 

! r one (1) arid two, (2.) in Mock number twenty-five 

( • the to \ of "I the aforesaid county and 

state, in trusl >nefit of the inhabitants of 

tl • town i e", for si urposes (alone ;) and 

< said lot ■ ne and tv as a 

ool house, by reason of the location of the 

road ; therefore, 

Skction ?. B by- the ]>> the date of 

' in the General tflssembfy, That the 

• hip 18 north, of rarfj 

'ots. west ot the 4t : ' are hereby ailthor- 

- • ■ ;•' id tv v lots or 

■ I • 

'! § 2. T?;e trust..; ' - of Molfee, or their 

sots in < ffice, '■■ all call a n ecting" of the legal vo- 

ters of the town 61 Mohne* t held on the first JV' on day 



Trueteei 1 



tbi 

tine ie be 



121 1855. 

of April, 1855, at 2 o'clock, P. M., to vote for or against 
the proposed exok-ange or sale of said lots. '• h< 
of the town of Moline shall cau^e notices of said meeting ' —^eiu 
to be posted up in five public places in said town, at least 
three weeks before said meeting. The legal voters so 
assembled shall appoint one of their number chairman, 
and one secretary of said meetirtg. The secretary hall 
keep a record oi the proceedings of said meet:'.'-, and to- 
gether with the chairman, sliall certify to t he sbv p, and 
rtturii &uch record certified to the clerk of the tioard of 
trustees of the town of Moline. 

§ 3. Should a maorit) of the votes given at sai< \ ;',.':, 'UiZllZ 
meeting be in favor of the proposed exchange or sale, the 
clerk oi the ; • of the town of Moline s 

certify the same to tniatees of schools in the aforesaid 
township; whereupon said trustees shall proceed to effect 
the proposed exclnnge or sale as the case maj he, accord- 
ing i.o said vote and this act: Provided, that said trustees Pr 
of schools shall give at least three weeks notice of the 
time and place of said iosl g up notices in tl i 

public places in tl own of Moline, and by publication 
in at least one n wspaper published its Rock i lai coun- 
ty: kflnd provided further, that said trustees of schools ■ M.^/mUKr. 
shall, before making such sale, give bond, with security- in 
the penal sum of two thousand dollars, payable to the 
trustees of the town of Moiine, for the use of the inhab- 
itants of said town, for school purposes^ tor the faithful 
disci | t ■■ dies under ;his a t. 

§ 4. Upon the sale of the lots one and two aforesaid, '^,': ,, 'd p,'* 
by the trustees of schools, they shall, with the procee ; of other 

stub sale, purchase other lots or lands, in the town of 
).'. 1 and fitted f>r the location 

of a school hause. The necessary expenses of said ex- 
change or all be paid out of the proceeds of such 
sale ; and any surplus of proceeds remaining, after such 
exchange or purchase, shall be applied in making im- 
provements upon the lots or land procured under the di- 
rection of said trust< 

5 5. The aforesaid trustees of schools are 1 v an- Tn ''' f « s a " irui "- 

, . , , , , it t ■ i »edli ! j nse- 

tiioj -I.-- sase to the school directors in district number 

two, in said township 18 north, I west, said lots one and 
two, ii not disposed of by exchange or sale ; audi if dis- 
po^ d of, any and ail lots or lands obtained therefor upon 
sii as- may be agreed upon. 

6 6. Tiie trustees of schools are hereby authorised to Authorised t» 
hire a:.- sum of money, not ex ousand dol- 

la. at a rate of interest not exceeding twelve per 

cent, per annum, and issue bonds for d se, in s'i 

ma; deem expedient: Provided, that up- proviso. 

on the property in said school district number two shall 



1865. 122 

be levied annually, a special tax until the debt for money 
hired under this section, and the interest thereon, shall be 
paid. 

propertj to be as- § 7. I n case of hiring money under this act, the trus- 

sessed fur school . c i i « , i ' • r . ^i n . i 

purposes, tees or schools siiall certify to the assessor of the county 

of Rock Island, on or before the first Monday of July of 
eacii and every year, the amount necessary to pay the 
yearly interest on the money hired, and the portion of 
the principal that will become due in the then current 
year; whereupon said assessor shall assess said amount 
upon the property liable to a tax for school purposes for 
said district number two. 
'ton^r* tu glve § ®' B e f ,)re hiring money, the trustees of schools shall 
give bonds in the sum of six thousand dollars, with good 
securities, to appropriate the money hired to the building 
and furnishing of a school house in and for said district 
number two, in township 18 north, 1 west, as aforesaid. 

§ 9. This act to take effect and be in force from and 
after its passage. 

Approved February 14, 1855. 



im force Feb. 9, AN ACT to legalise the acts of Jefferson Dow and Arbela Adams, school 
,865 - trustees in township No. 19, R 4 E.,in Whiteside county. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jissembly, That the 

Acts legalised. actg () f Arbela Adams and Jefferson Dow, as trustees of 
schools in township number nineteen north, of range num- 
ber four east of the fourth P. M., in Whiteside county, in 
laying out into town lots, platting and selling the school 
addition to the town of Erie, in the aforesaid township and 
county, lor the use of the inhabitants of school district 
number tiiree, in said township, are hereby legalised, and 
the titles given to the purchasers by said trustees are 
hereby declared valid in law, and the money and securi- 
ties obtained by the sale of said lots shall be deposited with 
the township treasurer, and loaned as other township school 
funds are loaned, and kept by the trustees of schools and 
their successors in orfice as a perpetual fund for the use 
of the inhabitants of the aforesaid district, for school pur- 
poses; and the interest arising from said fund shall be paid 
by the township treasurer on teachers' schedules, regu- 
larly certified to by the directors of the aforesaid district; 

to siTe bond. and the township treasurer shall be required to give a sepa- 
rate bond, in the name of the trustees of schools of the 
township, for the use of the inhabitants of district number 



123 1855. 

i 



three, in said township, in the sum of two thousand dollars, 
with two or more securities, conditioned for the safe keep- 
ing of said money, to be deposited with and approved by To he »w»«w*'. 
the district Erectors. 

§ 2. This act shall be deemed a public act, and shall 
be in force fiom and after its passage. 

Approved Feb. 9, 1855. 



AN ACT to establish and locate a ^tate road from the town of Hamilton, in In force Tet>. »6, 
Hancock county, to the town of Marcehne, in Adara9 county. 1856 * 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That Lewis 
Lanere, of Adams county, J. S. Jenifer and Robert Watt, Oomniisetaww . 
of Hancock county, be and they are hereby appointed 
commissioners to lay out and establish a state road, which 
shall commence at the intersection of Main and Second 
streets, in the town of Hamilton, in Hancock county, and 
run from thence on the most eligible and direct route to 
the centre of the north line of section five (5,) in town- 
ship four (4) north, range eight (8) west, situated in Han- 
cock count); thence south, on the most eligible and direct 
route, as near as circumstances will admit, to the centre 
of the section, to the centre of the south line of section 
thirty- two (32,) in said township and range; thence south- 
erly, by the most eligible and direct route, to the Warsaw 
and Quincy road, at or near Marceline, in said county of 
Adams. Said commissioners to lay out and locate said 
road on the best ground, and as near the line indicated as 
the nature of the ground and interest of the public will 
permit, and make a plat and report thereof, and file the T o make report 
same in the office of the clerk of the county court of Han- wld P |at - 
cock county; also, a duplicate thereof in the office of the 
clerk of the county court of Adams county. Said clerk 
shall record said report and plat, and said report and plat, 
or the record thereof, shall be evidence of the laying out Evidence. 
and location of said road. Said commissioners shall meet 
and take an oath faithfully to perform their duties as such Totakeoau. 
commissioners before the first day of June next. Such 
oath may be administered by any justice of the peace; and 
said commissioners, or a majority of them, shall make and 
file their report as aforesaid as soon as convenient for them 
after said meeting. 

§ 2. When said commissioners shall have viewed and PnMicroad, 
located said road, and made and filed said plat and report 
thereof, and their duplicate thereof, as aforesaid, the said 
road so viewed and located shall from thence be and is 
hereby declared a state road. 



1855 124 

•otnpense ft 3. Said COTfimis^'or < """ d dl '■ V |V( 1 - 1 i .< ■> n <^ 

fifty v : fits ' : 

ed in viewing and locating said road and p!'a ; 

ing the same, and may employ a surveyor, oha'nman, 
ax?m an and flagman to survey paid route; and - ex- 

pense of surveying, viewing and locating saj • I hall 

be paid, one half by Hancock and < ! e nth half * 
county; and this ac f ke effect frc 

%g£g. § 4. Nothing in this acFc 1, how shall be 

^nstrued as to require or comppl the commissioners of 
highways in .'he town or to. i : ' li he road 

herein provided foi passes, ih' ih ' ' s n , to open 

or work said road, unless : . in their j.n Igrr dee.in 

tWa '• iiits of I mmunitybr thcpuldic inl 

ma^i 1 the same. 

p?Rov::n Feb. 15 855. 



i* force Feb. 9, \i\ ACT to legalise the public scho 1 lax of the c-i'v of Chicago far the 

year I 

vnarabie. Whereas by a ce ntil im at< ry of 

an act entitled 'an I (orating 

■ city of Chicago, an u i-qts amendatory 

', into one ai i i . ■ r >ved 

February 28, 1854," secfioi i first of 

chapter ii r i> ; of th X. ' :h paid act was an 

am said section authorised the com- 

mon Co ; f ■ ■ '• ■ oll< et a 

school tax, not w all 

real arid pel tale, to meet the expenses of purchar 

sin , 2 ds for school hou , air- 

ing school houses, arsd suppi rtii uiai nin g 

schools," was, by mistake, inadvertent" led ; and 

whereas the co luncil on the 

third tlay )f O tober, A. D. 1J854, p en- 

titled 'Ao or levying taxes lor the municipal 

year "854," and did, in and by said I levy 

a tax of or If mills >n th< to meet the 

expenses of pui 1 school 1 ' hid- 

ings, a the sam 1 npporting and n ain* 

tairii .: schools, and a 1 irge portion of said tbx has been 
collected, and a portion thereof i mains uncollected, 
and can o;i d hy a sale of the jr.- rty to 

which t 1 e same is chargeable; ther fore, 



125 1856. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That al - * 

and si ■■■■■/ s of the said city, its 

i levj iiijg ig the 

b, are hereby dec'. 
to .} pur- 

pose jh the said section of ; 3 w had not be,en 

re, md the said ordinance levying the said school 

tax had been legally passed. 

§ -. The said tax <t 

ordered by the ' ;hool purposes, 

is hereby confirmed, established and made as legal and 
valid a tax, to all intents arid purposes, as if the tse 

in said act had not been repealed; and the said common 
council are hereby authorised to lake the same i ed- 
i gs for the collection of said tax as if tiie same had been 
:. by the s: id ordinance in the first instance; 

and ail sales of larid made or : r to be made to a> 

rce tiie payment of said tax sh ill be as valid - t- 

ua!, to aii intents and purposes, as if the said clause in 
said act had hot been repealed, and the said tax had been 
legally ordered and levied by the said ordinance in the first 
instance. 

§ 3. This act shall Itke effect from and after its pas- 
sage. 

Approved Feb. 9, 1853. 



AN ACT 1-j fix the tffties of holding the circuit courts in (he sixteenth in force Feb. 9, 
judicial circuit and to regulate the practice therein. V355. 

Section 1. Be it enacted by the people of the state f 

Illinois, ^represented in (fit General Assembly, That there Times of b tug 

shall be holden in the county of Peoria, in each year, six c irts ' 

t i of tiie circuit court as fallows, to wit : On the second 

Monday of February, on the first Monday of March, on 

th Monday of April, on :orid Monday of 

May, on the second Monday of September, and oh the 

j? in November. That at the terms to be hold eh 

f February, April an A Set , no 

■ civil docl be tried, and less 

jp ng to causes on the I be 

less on y. At 
1 i terms, ' 

[uri be < 

i 1 
in-r to an ia) causi 

posed of under' the same rules and regulations as now 



1855. 126 

provided by law. At the other three terms mentioned in 
this section, no grand jury shall be selected or empan- 
neled, nor shall any criminal cases be heard and tried, 
nor any criminal business properly pertaining to any crim- 
inal causes, be done or transacted by said court, but 
said court shall hear and try civil matters at law and in 
chancery only. 

i>n>«&*. § 2. That all writs, subpoenas, recognizances and other 

processes or notices, in or pertaining to any criminal 
causes which may have been, or may be, issued out of, or 
made returnable to any term of the circuit court of said 
county of Peoria, as heretofore required by law, shall be 
deemed and taken to be returnable to the term first to be 
holden in said county under the provisions of this act. 

change of venue. § 3. Changes of venue in all criminal cases in the 
circuit courts of said county shall be granted for the 
causes now provided by law. In all applications for change 
of venue in criminal cases in said circuit, the a, plicant 
shall present his petition to the court, or to the judge 
thereof, in vacation, verified by affidavit, (reasonable no- 
tice of the intended application having been first given to 
district attorney of said circuit,) setting forth in said pe- 
tition the belief of the applicant, that he or she cannot 
have a fair trial in the county where such case is pending, 
stating the particular facts and circumstances upon which 
such belief is founded; and the said court, or the judge 
thereof, in vacation, having heard such evidence as may be 
produced, and being satisfied of the truth of the petition, 
shall order a change of venue, to the next nearest county 
wtere the cause or causes complained of do not exist, and 
no other or further change of venue shall be allowed in 
such cases. 

Judgments upon § 4. That in all suits at common law in the circuit 
courts of said circuit, where interlocutory judgments shall 
be given upon the default of any defendant, and the action 
is founded upon contract, whet ser such contract be in 
writing or otherwise, and the damages are unliquidated 
and do not rest in computation, the said court may, in its 
discretion, without the intervention or empanneling of 
jury, hear evidence, and assess damages, and enter final 
judgment therefor. 

jwige miy enter § 5, That the judge of said circuit shall have pow- 

iecrees in vara- J . . . . . p i j j • 

ttan. er, in vacation, to enter any iinal order or decree in 

any suit in chancery, in the county of Peoria, upon final 
hearing of any such cause; which order or decree shall 
have tiie same force and effect, and appeals sh -.11 be allow- 
ed, and writs of error may be prosecuted thereon in the 
same manner as if such decree or order had bei n made 
and entered at a regular term of said court. 



127 1855. 

5 6. Writs of habeas corpus, allowed in said circuit in Wrlts of har > e * TS 

i iv corpus . 

vacation, may be heard and determined by said court in 
term time, and such writs allowed by the court in term 
time, may be heard and determined by the judge in vaca- 
tion, whenever justice and the rights of the parties shall 
require. 

§ 7. Nothing in this act contained shall 'be construed special term*. 
as to prohibit any person confined in jail in s »id circuit, on 
a charge of any criminal offence, from making application 
to the judge of said circuit to appoint a special term for 
the trial of such person; and the judge on such applica- 
tion shall appoint such special term as is now required by 
law. 

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

Approved Feb. 9th, 1855. 



AN ACT to change the time of holding courts in the fourteenth judicial In force Feb. 16, 

circuit. lt.55. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That here- 
after the circuit courts shall be holden at the respective Timesof honk** 
county seats of the counties composing the fourteenth ju- c 
dicial circuit, at the times following, to wit : In the county 
of Jo Daviess on the third Monday in October, on the se- 
cond Monday in March, on the third Monday in May, and 
orj the third Monday in August. In the county of Ste- 
phenson on the first Monday' in September, on the first 
Monday in December, and on the third Monday in April. 
In the county of Winnebago on the fourth of Septem- 
ber, on the third Monday in February, and on the fourth 
Monday in April, in each and every year. 

§ 2. All writs and process which may have been or Process, 
may \e issued and made returnable to the terms of courts 
in said counties, as heretofore required to be holden, shall 
be deemed and taken to be returnable to said teims of the 
courts, as required to be holuen under this act; an- all no- 
tices which may have been given, either by publication or 
otherwise, with reference lo the terms as heretofore re- 
quired to be held, and all proceedings pending in said 
courts, shall be taken up and disposed of as if no altera- 
tion had been made in the time of holding said courts. 

§ 3. All acts and parts of acts conflicting with the pro- Acts r-peai**. 
visions of this act shall be and the same are hereby re- 
pealed. 

§ 4. This act to take effect and be in force from and 
after the first day of September next. 

Approved Feb. 15, 1855. 



1855. 128 

in force Feb. t2. Aft ACT to change- the time of holding (he e'weuit court in the couiiiy of 
1855. Gallatin. 

i 

Section 1 - enacted hy the people of the slate of 

Illinois, rep: in the General Jih hat Ivere- 

time mg after the circuit courts for the county of Gallatin, in this 

state, shall be holch -n at the county seat thereoi Mon- 

day e terms of the circuit court in the county 

8i S s nbw fixed by law, and shall eo s- 

n until ihe business of said court be disposed of. 

§ 2. All writs, rec ces,suhpo3rias and other pro- 

cess which may have been or may L i f and 

made returnable to the next term of the circuit court, as 
etofore required to be holden, shall be deemed and ta- 
ken to be returnable to the next term of said court, as re- 
quired to be holden under this act; and all notices which 
may have been or may be given, either hy publication or 
otherwise, with reference to the next term of said court, 
as heretofore required to be holden, shall, by force of this 
act, refer to >f court as hi quired to 

gs pendi ourt shall 

up and disposed of as if no alteration had been 
made in the terms of holding said court. 

§ 3. This act shall take effect and be in force from and 
after its ] . . ge. 

Approved, Feb. 12th- 1855. 



in torci Feb. 14, A'N ACT fo change the time of lidding courts in the third judicial cir- 

1S55. cult. 

Section 1. Be it enacted by the. people cd' the stale of 

Illinois, represented in the Gett.cral dlsscmbly, That the 

. , .,, circuit court in the third judicial circuit, shall be begun 

Times of oldlng - . -J • t i 

courts. and heiu at the times hereinafter mentioned, to wit : In the 

county of Hardin, at Elizabethtown, on the second Mon- 
days in March, and the fourth Mondays in August ; in the 
county of Pope, at Goiconda, on the Mondays following; 
in the county of Johnson, at Vienna, on the Mondays fol- 
lowing ; in the county of Williamson, at Marion, on the 
Moii ;; in the count nklin, at Benton, 

on following; in the county of Jackson, at 

Murpbvsboro, on the Mood follow . in the county 

of Union, at he Mond; \; ; in the 

I follow- 

ua, on the 
tig.; in the Isoiint] ! ?sac, at Metropf 

oiis city, on the Mondays following. 



129 1856. 

§ 2. All indictments, recognizances and suits, either Proce3S * 
of common law or in chancery, shall stand for hearing at 
the times herein specified for holding court the same as 
though no change had taken place; and all writs and other 
process, civil or criminal, shall be and they are hereby 
made returnable the same as if there had been no change 
in the times of holding said courfs ; and all returns here- 
tofore made, or that may hereafter be made, either ac- 
cording to this act or the acts hereby repealed, shall be 
taken to be returnable to the terms of court as hereby 
fixed, and shall be legal and valid in all respects as if no 
change had taken place. 

§ '6. All acts and parts of acts coming within the pur- Aets repealed. 
view and in conflict with this act, be and the same be 
hereby repealed. 

§ 4. This shall take effect and be in force from and 
after the first day of July next. 

Approved Feb. 14, 1855. 



AN ACT to change the time of holding courts in the 17th judicial circuit. In force Feb. H 

J 1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
time of holding courts in the seventeenth judicial circuit, Times of noia^ 
hereafter shall be as follows, viz : In the county of Chris- courts- 
tian, on the first Mondays of April and September ; in 
the county of Montgomery, on the first Mondays thereaf- 
ter; in the county of Bond, on the first Mondays thereaf- 
ter; in the county of Fayette, on the first Mondays there- 
after ; in the county of Effingham, on the first Mondays 
thereafter; in the county of Shelby, on the first Mondays 
thereafter ; in the county of Moultrie, on the first Mon- 
days thereafter; in the county of Piatt, on the first Mon- 
days thereafter ; and in the county of Macon, on the first 
Mondays thereafter. 

§ 2. All writs, subpoenas, recognizances, and other Process. 
process which have been or may be issued and made re- 
turnable to the terms of the circuit court in said counties, 
as heretofore required to be holden, shall be deemed and 
taken to be returnable to the said terms of the circuit 
court in said counties, as herein required to be holden; 
and all notices which may have been given, either by pub- 
lication or otherwise, with reference to the term, as here- 
tofore required to be holden, shall by force of this act re- 
9 



1855. 130 

fer to the term of the court required to be held under this 
act in said counties; and all proceedings pending in said 
courts shall be taken up and proceeded with as if no al- 
teration had been made in the time of holding said courts. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved Feb. 14, 1855. 



In force Feb. 14, fl, BILL for an act fixing the times of holding courts in the sixth jndi- 
IS55, cial circuit. 

Section '1. Be it enacted by the people of the state of 

Illinois, represented in the General Assembly, That the 

circuit courts of the several counties composing the sixth 

Ttnws of holding judicial circuit shall be holden at the county seats of the 

respective counties, at the times following, to wit : 

Spring Term. — Rock Island, on the third Monday of 
March ; Henry, on the first Monday of April ; Whiteside, 
on the second Monday of April ;. Lee, on the fourth Mon- 
day of April; Ogle, two weeks thereafter; Carroll, two 
weeks thereafter. 

Summer Term. — Rock Island, on tjie second Monday 
of June. There shall be no grand jury at said summer 
term, unless in the opinion of the judge of said court it 
shall be necessary ; in which case he shall issue his order 
to the sheriff of said county, requiring him to summon a 
grand jury to attend said term; and the sheriff shall exe- 
cute and return to said court said order, and the persons 
so summoned shall be a grand jury for said term. 

Fall Term. — Henry, on the first Monday of Septem- 
ber ; Whiteside, on the second Monday of September ; 
Lee, on the fourth Monday of September ; Ogle, two 
weeks thereafter ; Carroll, two weeks thereafter ; Rock 
Island, on Wednesday after the first Monday of Novem- 
ber. 
process. § 2. All indictments, suits, causes, motions, recogni- 

zances and other proceedings, pending in said courts, shall 
stand for hearing, trial, judgment and disposition, at the 
terms of the court fixed by this act, in the same manner 
and with like effect as if no change had been made in the 
limes of holding said courts. All recognizances, writs and 
process heretofore or hereafter to be entered into, issued 
or returnable to the terms of said courts, as heretofore re- 
quired to be holden, shall be deemed and held to be re- 
turnable to the terms as fixed by this act. No right which 
any party, plaintiff or defendant, in any action of ejectment 
had by virtue of any law now in force to a new trial in 
such action) shall be prejudiced or in any manner taken 



131 1855. 

away by any change or alteration made by this act in the 
times of holding courts in any of the counties in said cir- 
cuit, but new trials shall be granted at the spring or fall 
terms of said courts in all cases where parties would be 
entitled to new trials at the spring or fall terms of said 
courts, if the times of holding said terms had not been 
changed. 

§ 3. The judge of said court may, when he shall deem sp*** 11 terras • 
it for the public interest, call a special term of the circuit 
court in any county of said circuit for the transaction of 
either criminal, chancery or common law business exclu- 
sively ; and when a special term shall be called for doing 
chancery business exclusively, no jurors shall be summon- 
ed ; and when called for the transaction of common law 
business exclusively, no grand jury shall be summoned to 
attend said terms. 

§ 4. This act shall take effect and be in force from and Noti <*- 
after its passage ; and the secretary of state is directed to 
have the same printed, and to transmit without delay five 
copies thereof to the clerk of each circuit court in the 
sixth judicial circuit. 

Approved Feb. 14th, 1855. 



AN ACT to encourage the formation of county agricultural societies. ] n force Feb, w, 

1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That when- 
ever the president and treasurer of any county agricultu- Appropriation out 
ral society shall certify that the sum of (at least) fifty dol- of statetreasnr ? 
lars has been collected, and is in the hands of the treasu- 
rer, for the use of said society, the treasurer of this state 
shall, when called upon for that ourpose, pay to the said 
treasurer or fiscal agent or officer of said society, the sum 
of fifty dollars; and the receipt of said treasurer of such 
society therefor shall entitle the said treasurer of this state 
to a credit for that amount in the settlement of his account 
as such state treasurer. 

§ 2. The said sum of fifty dollars, thus appropriated, how to be ex- 
shall be expended in the purchase of premiums, to be p * n e " 
procured and distributed under the direction of said so- 
cieties respectively, in the manner prescribed in the con- 
stitution, by laws, or other regulations of said societies. 

§ 3. This act shall take effect and be in force from 
and after its passage. 

Approved, Feb. 14, 1855. 



1855. 132 

in force Feb. 15, A.N ACT to authorizing boards of supervisors of the several counties to dis- 
1 5- pose of certain real estate therein named and to confer upon them certain 

other powers. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 

Board of supervi- boards of supervisors of the several counties in this state 

to sen poor farm which have adopted township organization, be and they 
are hereby authorised and empowered to sell and dispose 
of the poor farms of their respective counties, at such 
times and on such terms as they may think proper; and 
upon said sale being made, and said premises being paid 
for, according to the terms and conditions of said sale, it 
shall be the duty of the chairman of the board of supervisors 
to make, execute and deliver to the purchaser or pur- 
chasers of said farm a good and sufficient deed therefor, 
in behalf of said county; which deed shall convey the in- 
terest of said county in and to said farm to the said pur- 
chaser or purchasers thereof. 

D^ato be e K ecu- § 2. All sales of the poor farms belonging to the sev- 
eral counties of this state heretofore made by the board 
of supervisors are hereby confirmed, and it shall be the 
duty of the chairman of said board to convey said pro- 
perty, by deed, as is provided for in the first section of 
this act. 

conveyance to be § 3. In all cases where any real estate has heretofore 

ma?le for proper- 1 ui_j.ii.jr • r j_ • 

ty previously been sold by the board of supervisors or any county in 
* oW ' this state acting under township organization, or by the 

county commissioners of any such counties acting pre- 
vious to the adoption of township organization law, it shall 
be the duty of the chairman of the board of supervisors 
in any county where such sale or sales has been made, as 
aforesaid, to convey the same, by deed, in behalf of said 
county for which he may be acting, to the purchaser or 
purchasers of said real estate; which said deed shall con- 
vey the interest of said county in and to said real estate 
to the purchaser or purchasers thereof. 

§ 4. This act shall take effect and be in force from and 
after its passage. 

Approved Feb. 15, 1855. 



in force Feb. 14, ^N ACT to amend an act entitled "An act to amend the rtvenue laws 
1856 * and provide for the collection of the state taxes in the eity of Quincy," ap- 

proved June 23d, 1852. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
city of Quincy shall, on the first Monday of September 



133 1855. 

next, and annually thereafter, pay to the county of Adams 
the sum of eight hundred dollars, to reimburse said coun- 
ty for moneys advanced by her on account of said city's 
part of the court expenses of said county, anything in the 
tenth section of an act entitled "An act to amend the rev- 
enue laws and provide for the collection of state taxes in 
the city of Quincy," approved June 23d, 1852, to the con- 
trary notwithstanding. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved Feb. 14, 1855. 



A BILL for a general a> t of incorporation of agricultural and horticultural In force Feb. 15, 
societies and as»ociatioii3 for improving the breeds of domestic animals. 1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly ', That when- Association tww 
ever any number of persons, not less than ten, may be desi- £o 
rous of associating themselves together as a society for the 
promotion, advancement or improvement of agriculture or 
horticulture, or the breeding and rearing of domestic ani- 
mals, under corporate rights and privileges, it shall be 
lawful for such persons, having first raised and actually 
having on hand for such purpose, in cash, a joint capital of 
not less than one hundred dollars, to make and subscribe 
for their government a constitution, in which shall be set 
forth the name of the society or association; but no person 
shall become a member of such society or association un- 
til he shall actually have paid into the treasury of such so- 
ciety or association at least one dollar. 

§ 2. The persons associated according to the provi- Notice. 
sions of section 1, or a majority of them, desiring corpo- 
rate rights and privileges for their society or association, 
may meet at the county seat of the county in which a ma- 
jority of said members reside, after having given at least 
three weeks' notice of such meeting, by advertisement set 
up in at least three public places in said county, and if 
there be a public newspaper printed and published in said 
county, then also by publishing said notice for three con- 
secutive weeks in such newspaper. The members of such 
society or association, or a majority of them, shall at such 
meeting choose, by acclamation or otherwise, as a majority 
of such meeting may determine, a president pro temjjore, 
and a secretary pro tempore.. The meeting being thus or- Officer*, 
ganised shall elect a president, a vice president, a treasu- 
rer and a secretary of the society or association, whose 
duties shall respectively be such as the constitution and by- 



1855. 134 

laws of the society or the association shall assign to each, 
and who shall hold their offices respectively for one year, 
and until their successors shall be elected and enter upon 
the discharge of their duties. There shall also be elected 
at the same meeting a board of five directors, for the gov- 
ernment and general direction of the society or associa- 
tion, and whose duties shall be such as maybe prescribed 
by the constitution or by-laws of such society or associa- 
tion, not inconsistent with this act or with the laws of this 
state, 
proceedings to t>e § 3. The secretary pro tempore of said meeting shall 
keep a correct minute of the proceedings of said meeting, 
which being certified by said secretar}' and the president 
pro tempore of said meeting, shall, within five daj r s after 
said meeting, be filed for record in the recorder's office of 
the county within which said meeting is by this act organ- 
ized to be held; and it is hereby made the duty of the re- 
corder to record said minutes and certificate in some book 
kept for recording deeds. A copy of the constitution of 
said society or association shall also be filed in said office, 
where the same shall be preserved for the inspection of 
the public. And whenever such constitution shall be al- 
tered or amended by such society or association, a copy of 
the altered or amended constitution shall also be filed in 
said office, to be there preserved in like manner. The 
recording officer, for recording and also for filing the doc- 
ument?: by this act required to be respectively filed and 
recorded, shall be allowed the same fee as is now allowed 
by law for similar services; which fee shall be paid by the 
society or association. On filing in said office a certified 
copy of the proceedings of said meeting, and also a copy 
of the constitution of said society or association, in pursu- 
ance of this act, (the previous steps herein required hav- 
ing been properly taken,) the persons whose names [are 
then] subscribed to the constitution of said society or as- 
sociation, together with all others who after that time may 
become members of the same, shall become a body corpo- 
rate and politic, by the name assumed and set forth in their 
said constitution, with perpetual succession; and by that 
name may have and use a common seal, may sue and be 
sued, answer and be answered in all the courts of this state, 
whether of law or equity; may sue for and collect all vol- 
untary subscriptions or donations; and by that name may 
acquire and hold real estate, not exceeding in quantity five 
hundred acres; and may construct and erect all necessary 
improvements and buildings thereon for agricultural and 
horticultural experiments, and for rearing domestic ani- 
mals, and for improving the breeds of the same, and for tam- 
ing and improving and breeding of such animals as are com- 



135 1855. 

monly found wild ; and for such purposes said society or 
association may have and employ capital, apparatus, im- 
plements, machinery and live stock, altogether not ex- 
ceeding in value ten thousand dollars. 

§ 4. Said society or association shall have power to Power to mans 
make any alteration or amendment in its said constitution am^a.me'nts. "' 
which experience may show to be requisite : Provided, that 
the name of said society or association set forth in its first 
constitution shall not be laid aside or altered, nor any oth- 
er act done to delay or impair the rights of creditors or 
others having claims upon such society or association. 

§ 5. The whole capital stock of said corporation shall capuaistoc*. 
be divided into shares of not less than one dollar nor more 
than five dollars, to be fixed by the constitution; and at all 
elections to be held by said society or association each 
member of the same, or his personal representatives, shall 
be entitled to give one vote for each share held by him or 
her, and the voting may be in persoi* or by proxy. 

§ 6. At the expiration of one year from the time of Election. 
holding the first election herein provided for, a president, 
vice president, secretary, treasurer and directors shall be 
chosen by such society, on the same notice being given as 
is required in the second section of this act; but if from any 
cause an election shall not be held at the regular time, 
such omission shall not work any forfeiture of corporate 
rights and privileges. 

§ 7. This act shall not be construed to confer banking 
powers or privileges on any society or association organ- 
ised in accordance with its provisions. 

§ 8. Shares in the stock of such society oi association stw* regarded *« 
shall be regarded in law as personal property, and shall be ty, 
transferable and assignable on the books of the association; 
and every person holding a share shall be regarded as a 
member of said association, and be entitled to give one vote 
for each share held by him or her. 

§ 9. Until the whole capital stock of the society or as- Dividend!, 
sociation, including money, implements, apparatus, ma- 
chinery, live stock and property of every description, 
whether real, personal < r mixed, shall amount to ten thou- 
sand dollars, the profits, if any there be, arising from the 
operations and experiments of the society or association, 
shall not be divided among the stockholders, but shall ac- 
cumulate as capital stock until the said capital shall reach 
the sum of ten thousand dollars; but after said capital stock 
shall have reached the sum of ten thousand dollars in val- 
ue, then a dividend of profits shall from time to time be 
made among the stockholders, in proportion to the number 
of shares held by each : Provided, this section shall not be 
construed to restrain the society or association from offer- 
ing or giving premiums to any amount which the society 
or association may think proper. 



1855. 



136 



Power to dissolv 
Msociation . 



§ 10. Whenever a majority in interest of the share- 
holders shall desire to dissolve the society or association, 
and shall, at a regular annual meeting, vote for a dissolu- 
tion of the same and for a division of the capital stock, the 
directors shall have power to sell all the property of the 
society or association; and after the payment of all exist- 
ing clebts, claims, demands and liabilities, to divide the resi- 
due of the proceeds of such sale among the several stock- 
holders, according to the number of shares held by each; 
and said society or association shall thereupon be dissolved. 

§11. This act shall take effect and be in force from and 
after its passage. 

Approved Feb. 15, 1855. 



AN ACT to authorise the location of a state road therein named. 



Covuniissioners. 



Mftet and 

o.Uh . 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the GeneralJlssembly, That Israel 
S. Piper, Henry Walker, Samuel Davidson, Henry Nico- 
let and William Kellogg, be and they are hereby appoint- 
ed commissioners to view and locate a state road, com- 
mencing on the east line of sections three and ten, and 
on the west line of sections two and eleven, in the town 
ot Canton, Fulton county, to connect the Canton and 
Liverpool plank road with the road now traveled from 
the village of Farmington to the southwest corner of 
section thirty-five, in the town of Farmington, Fulton 
county. 

§ 2. That said commissioners, or a majority of them, 
shall meet ar Canton, on or before the first day of July next 
after the passage of this act, or as soon thereafter as pos- 
sible, and take an oath before some justice of the peace 
of Fulton county, well and truly to perform the duties re- 
quired of them by this act. 

Mate and me piat § 3. When the commissioners shall have reviewed the 
said ground and shall have located said road between said 
places named, it shall be their duty to make out a plat of 
the road so located, which shall be filed in the clerk's 
office of the county of Fulton, as soon as practicable after 
the completion of the same; and the road so located is 
hereby declared to be a state road. 

to ba evidence. § 4. The said plat sl>all be evidence herea'ter in all 
courts of record in this state; and it shall be the duty of 
the clerk of the county court of Fulton county to record 

piat to be record- said plat on the record of his office; and the county judge 



137 186&- 

of Fulton county shall allow the said commissioners and 
clerk a reasonable compensation for the services required 
by this act. 

§ 5. That this act shall take effect from and after its 
passage. 

Approved Feb. 14, 1855. 



AN ACT to vacate a part of a slate road therein named. Xnfor i8»? b ' "' 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That so 
much of a state road ashes on section two, in township No. 
three north, of range No. nine east, known as the Shelby- 
vilie and Palestine state road, be and the same is hereby 
vacated from and after the passage of this act. 

Approved Feb. 14, 1855. 



AN ACT entitled an act to preserve the game in the state of Illinois. in force Feb. 15, 

looo. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That it unlawful to «in. 
shall be unlawful for any person to kill, ensnare or trap 
any deer, fawn, wild turkey, grouse, prairie hen or chick- 
ken, or quail, between the fifteenth day of January and 
the first day of August of each and every year. 

§ 2. That it sail be unlawful for any person to buy, unlawful to buy 
sell, or have in possession, any of the above mentioned 
animals or birds, which shall have been killed, ensnared, 
trapped, or taken between the first day of January and the 
said first day of August of each and every year as afore- 
said, and that the having or being in possession of any i 
of the above mentioned animals, or birds, aforesaid, by 
any person or persons, between the said first day of Jan- 
uary and the first day of August, as aforesaid, shall be 
deemed and taken as prima facie evidence that the same 
was ensnared, trapped or killed by the person having pos- 
session of the same, in violation of the provisions of this 
act. 

5 3. Anv person who shall go upon the premises of any ountyw trespass 

3 J r O . r . r ■ , ^ in certain cases. 

person or persons, or corporation, whether the same be 
enclosed or not, with intention to hunt, or to be found 
hunting, entrapping or ensnaring any of the above men- 
tioned animals or birds, at or within the time aforesaid, he 



1855. 138 

shall be deemed guilty of trespass, atld maybe prosecuted 
before any justice of the peace of the county wherein the 
said premises may lie, by the owner or person in posses- 
sion of the same, in an action of trespass, and fined in 
any sum not less than five nor more than twenty dollars, 
to go to the owner or occupant of said premises : Provided 
however, that a judgment obtained against any person for 
a violation of this act under the fourth section thereof, 
shall be a bar to any suit under the third section of this 
act. 

penalty. § 4, Any person who shall wilfully violate any of the 

provisions of this act, shall forfeit and pay a fine of fifteen 
dollars for each deer or fawn thus killed, ensnared, en- 
trapped, bought, sold, or held in possession, and for any 
other wild game, animals, or bird above enumerated, either 
killed, ensnared, entrapped, bought, sold or held in pos- 
session, as aforesaid, the sum of five dollars shall be paid, 
to be sued for and recovered before any justice of the 
peace of the county in which the act shall have been vio- 
lated, in an action of debt, or before any court having ju- 
risdiction thereof; one half of said penalty shall go to the 
complainant and the other half to the school trustees of 
the township in which the act shall have been violated, 
to be added to the school fund of said township ; the ac- 
tion to be brought in the name of the said county. 

comities exempt- § 5. Provided, that nothing in this act shall apply to 
vwo'r itspr °" the counties of White, Wabash, Clay, Richland, Jasper, 
Lawrence, Crawford, Clark, Edgar, Coles, Moultrie, Ef- 
fingham, Fayette, Bond, Cass, Menard, Pike, Schuyler, 
Brown, Scott, Washington, Jefferson, Marion, Hamilton, 
Clinton, Jackson, Johnson, Williamson, Gallatin, Saline, 
Franklin, Wayne, Edwards, McDonough, Alexander, Pu- 
laski, Union, Hardin, Massac, Warren, Henderson, Mon- 
roe, Perry, Shelby, Cumberland, Jersey, Calhoun and 
Randolph, Pope, McLean, Knox, Fulton, Hancock, Adams, 
Stark, Vermilion, Montgomery and Christian. 

§ 6. This act shall be in force from and after its pas- 

, sa g e - 

Approved Feb. 15, 1855. 



in force Feb. 15, AN ACT to amend chapter 36 of the Revised Statutes of 1845, entitled 
1865. < Ejectment.' 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That it 
shall not be necessary in trials of actions of ejectment, 
when it shall appear by the return that the defendant or 



139 1855. 

defendants were in possession of the premises at the time 
when suit was brought, for the plaintiff to prove that said 
defendant or defendants were in possession at the time of 
bringing such suit, unless the defendant or defendants shall, 
by special plea, deny that he, she or they were in posses- 
sion; and that the plea of not guilty shall not put in issue 
the possession of said premises. 

§ 2. Be it further enacted, that so much of chapter 
36 of the Revised Statutes of 1845, entitled ' Ejectment,' 
as is repugnant to the provisions of this act, be and the 
same is hereby repealed. 

This act to take effect and be in force from and after 
its passage. 

Approved Feb. 15, 1855. 



AN ACT to extend the jurisdiction of justices of the peace. In force Feb. 15, 

1866. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That the 
jurisdiction of justices of the peace be and the same is 
hereby extended so as to include all actions for trespass 
upon real estate, where the sum claimed does not exceed 
one hundred dollars. 

Approved Feb. 15, 1855. 



AN ACT to cede jurisdiction over lands occupied by the United S'ates for In force Feb. 13, 
light houses, custom houses, and for other purposes. 1855, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That ex- Jurisdiction oc- 
clusive jurisdiction and legislation is hereby granted and sutes? 
ceded to the United States of America over land situate 
in the southeast corner of block one hundred and nine- 
teen, in the school section addition to the town of Chica- 
go, being one hundred and twenty feet fronting on Mon- 
roe street, and running north one hundred and forty feet 
the same width, and fronting one hundred and forty feet, 
on a forty foot street taken off from the west side of block 
one hundred and forty-two, in the aforesaid school sec- 
tion, called Dearborn street, which tract of land has been 
selected by the United States as a site for a building or 
buildings, to be occupied for a post office, custom house, 
United States' court rooms, and steamboat inspector's 



1866. 



140 



Jurisdiction lim- 
ited to five acres 



Street vacated. 



Damages. 



office; and the right of taxation or assessment of said tract 
is hereby relinquished to the United States. 

§ 2. Be it further enacted, That in case the United 
States shall at any time desire to make a change in the 
location of the building or buildings recited in the first 
section of this act, then and in that case the like jurisdic- 
tion and relinquishment from taxation and assessment, as 
is provided for in the first section of this act, shall be 
granted over any land, not exceeding in area the land de- 
scribed in the first section of this act, upon the filing of a 
description of the same, with the design of such appro- 
priation, by the United States district attorney^ in the 
office of the recorder of the county of Cook. » 

§ '6. Be it Jurther enacted, That the provisions of an 
act entitled " An act to cede jurisdiction over lands to be 
occupied as sites of light houses within this state," ap- 
proved January 11, 1849, shall apply to such lands or lots, 
not exceeding five acres in any one place, as may be se- 
lected, purchased or otherwise obtained, to be occupied 
by the United States, within this state, for light houses, 
beacon lights and temporary lights, at or near Port Clin- 
ton, at or near Taylorport, and at or near Waukegan. 

§ 4. Be it further enacted, That so much of the street 
called Lake street, in the town of Port Clinton, as inter- 
feres with the erection of the light house at that point, on 
the ground already selected, is hereby vacated. 

§ 5. Be it further enacted, That in case of failure of 
the United States to agree with the owner or owners of 
any such lands as the United States may deem necessary 
to occupy for light houses within this state, it shall be law- 
ful for the United States to apply for the condemnation of 
such land, not exceeding five acres in any one place, by 
petition to any judge of a court of record of this state, in 
or nearest to the county where the land may be situated, 
either in term time or vacation, notice of the time and 
place of such application having been first duly given by 
publication for thirty days prior to the day of such appli- 
cation, in some newspaper published in the county where 
the land lies, or by personal service upon the owner or 
owners of such land, at least twenty days prior to such 
application; and thereupon it shall be lawful for the said 
judge to appoint three disinterested freeholders of the 
county where such land lies, as commissioners, and hav- 
ing been first duly sworn to well and truly appraise the 
damages due the owner or owners of said land so pro- 
posed to be taken, shall report in writing such damages 
to the said judge, the amount of damages to be paid to the 
owner or owners of said land; which report, upon con- 
firmation by said judge, shall be held final and binding 
upon such owner or owners; and upon the amount of such 



141 1855. 

damages being paid to the owner or owners of said land, 
the title of such land shall vest in the United States, and 
exclusive jurisdiction and right of assessment and taxa- 
tion is hereby ceded to the United States over any lands 
acquired by this method of condemnation, or by acquire- 
ment of the owner or owners thereof; and the right of 
taxation and assessment is hereby relinquished over any 
and all lands acquired in the manner prescribed in this sec- 
tion, and over the buildings or property of the United 
States situated thereon. 

§ 6. Be it further enacted, That this act shall not be Process. 
construed in such a manner as to debar or hinder the pro- 
cess of any court or judge of this state from running with- 
in the boundaries of the land so acquired by the United 
States, or to continue the authority of the United States 
over any part of such land for any longer time than the 
said lands shall be used for the purposes aforesaid. 

Approved Feb. 13, 1855. 



AN ACT for the settlement of an account of the trustees of the State In force Feb. 15, 
Bank of Illinois. 1855 - 

Whereas on the 7th day of April, 1851, the trustees of Preamble. 
the State Bank of Illinois, in accordance with the pro- 
visions of "An act authorising the refunding of the state 
debt," surrendered to the governor, to be refunded, state 
principal bonds and scrip to the amount of thirty thou- 
sand seven hundred dollars and seventy cents ($30,- 
700 70, )on which state bonds and scrip a dividend of 
seventy per cent., or thereabouts, had been obtained on 
the 1st day of January, A. D. 1851, under the fifteenth 
article of the constitution ; and whereas in refunding 
these bonds and scrip the new bonds for principal and 
interest were dated 1st July, 1847, and the bonds for 
principal were issued only for the thirty per cent, re- 
maining unpaid on the old bonds, and the interest bonds 
were issued only for the interest due up to the said 1st 
July, 1847; and whereas by this process the interest due 
on the seventy per cent, of the bonds from the said 1st 
day of July, 1847, until the time of their being refunded, 
is lost sight of, and the trustees have no voucher or evi- 
dence thereof, although the same is justly due to them; 
therefore, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the Governor to j*8«e 
governor be required and authorised to issue to the said trus- b0Dd *' 



1855. 142 

tees of the State Bank of Illinois interest bonds of the kind 
provided for in the second section of "An act to authorise 
the refunding of the state debt," approved 28th Feb- 
ruary, 1847, for the sum of four thousand five hundred 
and thirty-eight dollars and seventy-nine cents, or such 
sum, not exceeding this amount, as he shall find to be just- 
ly due them on the bonds and scrip refunded as above sta- 
ted. 

Approved Feb. 15, 1855. 



In force Peh. 15, AN ACT to repeal certain portions of acts therein named. 

1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That so 
much of an act to improve the navigation of Embarrass 
river, approved February 27th, 1847, as relates and ap-* 
plies to Lawrence, Crawford and Jasper counties, as also 
section three of an act supplemental to an act entitled 4 'An 
act to levee and make certain improvements on the Wa- 
bash river," approved February 18th, 1847, relating to 
boundary lines, be and the same are hereby repealed. 

§ 2. This act to take effect and be in force from 
and after its passage. 

Approved Feb. 15, 1855. 



in force Feb. 15, AN ACT to pay the engrossing and enrolling clerks of the senaU aDd 
1S55. house of representatives and their assistants. 

Section 1. -Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
sum of six dollars per day each be allowed to the engross- 
ing and enrolling clerks of the Senate and House of Rep- 
resentatives and each oi their assistants, for each day they 
have been engaged during the present session of the Gen- 
eral Assembly. The names and time employed of each as- 
sistant to be certified by the principal clerks, enrolling 
and engrossing, of each house; and that the auditor be au- 
thorised to draw his warrant on the treasury for the pay- 
ment of the same out of any moneys not otherwise appro- 
priated. 

§ 2. This act to be in force from and after its passage. 

Approved Feb. 15, 1855. 



143 1855. 

AN AQ[T making appropriations for tbe pay of the officers and members of in force Feb. 16, 
the general aisembly, and for tbe salary of tbe officers of the government 1855, 

from the end of the present session until the adjournment of the next 
regular session of the general assembly. 

Section I. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the Appropriation*. 
following appropriations be and the same are hereby made 
to members and officers of this present and next general 
assembly and for the salaries of the officers of the government 
until the adjournment of the next regular session thereof: 

1st. To the speaker of the senate and house of rep- speakerof senate 
resentatives, each, the sum of three dollars per day for the representatives! 
first forty-two days' attendance, and two dollars per day 
for each day's attendance thereafter. 

2d. To each member of the senate and house of rep- senators ana 
resentatives, the sum of two dollars per day for the first "w™ 8 ™ 1 **" 
forty- two days' attendance, and one dollar per day for each 
day's attendance thereafter. 

3d. There sh ill be allowed to each of the members of Mileage. 
the general assembly, including the speakers of both 
houses, ten cents per mile for each necessary mile's travel 
in going to and returning from the seat of government, 

4th. There shall be allowed to the secretary and as- s ^ tar ?? 4 c i erk 

. J and assistants. 

sistant secretaries of the senate, and to the clerk and as- 
sistant clerks of the house of representatives, each, the 
sum of six dollars per day, the number of days of the as- 
sistants of each house to be certified to by the principals 
of the respective houses. 

5th. To the sergeant-at-arnis and assistant sergeant- sergeant-at- 

. Till i . armsjdoorfceep- 

at-arms of the senate, and to the doorkeeper and assistant era and assist- 
doorkeeper of the house of representatives, the sum of five 
dollars per day. 

6th. To the enrolling and engrossing clerks of the sen- B g^J^5^™" 
ate and house of representatives, each, the sum of four 
dollars per day. 

7th. To the assistant enrolling and engrossing clerks Assistants. 
of the senate and house of representatives, each, the sum 
four dollars per day. 

8th. And the compensation hereby allowed to each of ^^certtned 
the officers and members of the general assembly shall be 
certified by the speakers of the respective houses, and en- 
tered on the journals and published at the close of the 
session : Provided, that the compensation of the speaker Proviso. 
of the senate shall be certified by the secretary thereof, 
and the compensation of the speaker of the house shall be 
certified by the clerk of the house, and entered on the 
journals and published as aforesaid; which said certificates, 
when made and signed as aforesaid, shall be sufficient evi- 
dence to the auditor of each person's claim respectively, 
who shall issue his warrant on the treasury for the amount 



1855. 



144 



Appropriations 
far salaries. 



Seeretary of state 



Judges of su- 
preme court. 



Circuit judges. 



Inspectors of 
penitentiary. 



Porter to the state 
house. 



Fund commis- 
sioner's secreta- 
ry. 



Judge of Cook 
county court. 



Prosecuting at- 
torney. 



Extra c erks. 



to which each person shall be entitled as aforesaid, to be 
paid out of any moneys not otherwise appropriated. 

§ 2. The following sums are hereby appropriated for 
the salaries of the officers hereinafter mentioned, until the 
adjournment of the next regular session of the legislature 
as aforesaid : 

1st. To the governor, at the rate of fifteen hundred 
dollars per annum. 

2d. To the auditor of public accounts, at the rate of 
one thousand dollars per annum, exclusive of clerk hire ; 
and to said anditor at the rate of two thousand eight hun- 
dred dollars for clerk hire. 

3d. To the state treasurer, at the rate of eight hun- 
dred dollars per annum, exclusive of clerk hire, and to 
said treasurer, at the rate of six hundred dollars per an- 
num for clerk hire. 

4th. To the secretary of state, at the rate of eight 
hundred dollars per annum, exclusive of clerk hire, and 
to the said secretary of state, at the rate of five hundred 
dollars per annum for clerk hire. 

5th. To eacli of the judges of ihe supreme court of 
the state, at the rate of twelve hundred dollars per annum. 

6th. To each of the judges of the circuit courts of the 
state, at the rate of one thousand dollars per annum. 

7th. To each of the prosecuting attorneys of the state, 
at the rate of five hundred dollars per annum. 

8th. To each of the inspectors of the penitentiary, at 
the rate of one dollar and fifty cents per day : Provided^ 
that the same shall not exceed to each the sum of one 
hundred dollars per annum. 

9th. To the porters to the state offices, at the rate of 
one dollar and fifty cents per day, and to the assistant 
porters for services during the present session, one dollar 
and fifty cents per day, for the time necessarily employed, 
to be certified by the secretary of state. 

10th. To the secretary employed in the fund commis- 
sioner's office, at the rate of one thousand dollars per an- 
num, to be employed no longer than is necessary in the 
opinion of the governor. 

11th. To the judge of the Cook county court, created 
by an act approved the twenty-first day of February, one 
thousand eight hundred and forty -five, at the rate of six 
hundred dollars per annum. 

12th. To the prosecuting attorney of the said Cook 
county court, at the rate of two hundred and fifty dollars 
per annum. 

13th. To extra assistants employed by the engrossing 
and enrolling clerk of the senate, and the enrolling and 
engrossing clerks of the house of representatives, each, 



145 1855. 

the sum of four dollars per day, for the time actually em- 
ployed, to be jertified by the principal clerk. 

And it shall be the duty of the auditor of public ac- Auditor to u*t» 
counts to issue his warrant on the treasurer, for quarterly 
payments, to the foregoing named state officers. 

To each of the bank commissioners, the sum of five Bant commu- 
dollars per day, for the time actually employed as such 
commissioners, and ten cents per mile for every necessa- 
ry mile's travel in the discharge of their duties as such 
commissioners. The said commissioners to exhibit their 
accounts to the governor, and when approved by him, to 
be paid out of the state treasury. 

To the superintendent of public instruction,, at the rate superintendent 
of fifteen hundred d jllars per annum. Btnictiwi. c ta 

To each member of the joint committee appointed to committee k> 
visit the state institutions at Jacksonville, the sum of two Etttutiora. 
dollars per day, while they shall be necessarily engaged in 
such duty, and ten cents per mile for each mile's necessa- 
ry travel; the number of days and the number of miles 
of travel to be certified by the chairman of said com- 
mittee. 

This act to take effect fro-n and after its passage. 

Approved Feb. 14, 1855. 



AN ACT to amend the general plank road law. Inform Feb. 12, 

1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That when- 
ever it shall be necessary for the construction of any rail- 
road on the line of any plank road now constructed or 
hereafter to be constructed by any company, organized 
under the provisions of said law, said plank road compa- 
ny are hereby authorise,! to negotiate and transfer such 
plank road to said ralroad company, upon the conditions 
following: That before said transfer shall be made, the 
vote of a majority of the stockholders shail be given in 
favor of such transfer, and further, that the consent of 
the county court of the county in which said plank road 
is situated, or board of supervisors, shall first (be) grant- 
edj and entered upon the records of said court. 

§ 2. This act to take effect from and after its passage. 

Approved Feo. 12, 1855. 



10 



1866. 146 

vo force Feb. 16, AN ACT t« amend an act approved March 4th, 1854, in relation to swamp 
1856. l an( j g- 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That no 
lands heretofore ei tered at any land office in this state, and 
which may have been selected as swamp or overflowed 
lands, lying within six miles of the line of the " Illinois 
Central Railroad," shall be sold by the county authorities of 
the counties in which the same shall be situated, till said 
selection shall have been approved by the secretary of the 
interior, or other proper officer of the general govern- 
ment, and so certified by the auditor of public accounts, 
in the manner now provided by law. 

§ 2. This act to take effect from and after its passage. 

Approved Feb. 15, 1855. 



in force Jan. 16, AN ACT to amend an act entitled '• An act to regulate the practice of the 
1856. circuit court of Cook county, and ihe Cook county court of common 

pleas." 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That so 
much of the first section of an act entitled "An act to 
regulate the practice of the circuit court of Cook county, 
and the Cook county court of common pleas," approved 
February the 12th, 1853, as provides that a term of said 
Cook county court of common pleas shall be held on the 
first Monday of March, be and the same is hereby re- 
pealed. 

§ 2. This act shall take effect and be in force fro* 
and after its passage. 

Approved Jan. 16, 1855. 



# 



la force Feb. 14, AN ACT in relation to the penitentiary. 

1866. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
lospectow to inspectors of the penitentiary be and they are hereby au- 
S%tenuary n . thorised . to contract, without delay, for the erection and 
completion of one hundred and fifty cells, in addition to 
said penitentiary, to be built of cut stone, and finished in 
every particular in the same manner as those last built, 
and to cause the same to be covered with a good tin roof, 



147 1866. 

thoroughly painted ; and also, to cause the old roof to be 
taken off of the main prison building and warden's house, 
and cause them also to be covered with a good tin roof 
and thoroughly painted. 

6 2. The inspectors of the penitentiary are also au- Purchase gro«u 

., 3 . j Y l * r J • . , for cenwtery. 

thonsed to purchase a lot oi ground, in some convenient 
place, without the limits of the city of Alton, not to ex- 
ceed two acres, to be used by the penitentiary as a burial 
place for the convicts that die : Provided, that said ground 
shall not cost to exceed three hundred dollars. 

§ 3. The auditor of public accounts is hereby direct- Dnty ox auditor. 
ed to draw his warrant on the treasurer, payable to the 
order of the inspectors of the penitentiary, for such sum 
or sums, and in such installments as the said inspectors 
may order, in payment for the improvements provided for 
in sections one and two of this act, which, when completed, 
shall not cost to exceed the sum of thirty-five thousand 
dollars, payable out of any money in the treasury not 
otherwise appropriated by law. 

§ 4. This act shall take effect and be in force from 
and after its passage. 

Approved Feb. 14, 1855. 



AN ACT concerning inferior courts in the cities. in force *«*• »*> 

* 1858. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the inferior courts t« 
inferior courts, now or which may hereafter be establish- jurisdiction wttii 
ed, in the cities in this state, shall have concurrent juris- cl,rcutt eOT * u ' 
diction with the circuit courts in all civil and criminal 
cases, except in cases of murder and treason, any law 
now in force to the contrary notwithstanding ; and the 
rules of practice in such inferior courts shall conform 
as near as may be to the rules of practice in the circuit 
court of the county in which the particular inferior court 
may be established : Provided, that this act shall not be ?*>***. 
held, in any way, to interfere with the act approved 
February 27th, 1854, providing for police magistrate's 
courts. 

§ 2. That in all cases where any suit, either at law or oas ^b e tr»n»- 
in chancery, shall be commenced in the recorder's court 
of the city of Chicago, and the amount in controversy 
shall exceed one hundred dollars, and the defendantor de- 
fendants, or either of them, or his, her or their attorney, 
shall at any time before final trial therein, file in said court 
a written request to have such suit transferred to either 



1855. 143 

the circuit court of Cook county, or to the Cook county 
court of common pleas, all further proceedings in said re- 
corder's court, shall thereupon cease; and said suit shall 
be transferred agreeable to said request, and in the man- 
ner now required by la<v in cases of change of venu«. 
wrtos or ne ex- § 3. That neither the said recorder's court, nor the 
tjt'i*" 1 mJunc " judge thereof, shall grant any writ of ne exeat, injunction 
or other writ or process, which said court or judge shall 
have power to issue in civil cases, excepting original writs 
of summons, capias, and attachment, and attachments in 
cases of contempt, unless the person against whom such 
writ is granted shall have had ten days notice in writing, 
the time and place of making application for such writ. 
ouute transfer- § 4. That in all cases when any application shall be 
red upon appii ma( j e to sa jd recorder's court of the city of Chicago, or 

cation. •' . O ' 

to the judge thereof, for any writ of ne exeat, injunction or 
other writ or process, except as excepted in the second 
section of this act, and the person or persons or either of 
them against whom such application shall be made, or his, 
her or their attorney shall, in writing, filed with said re- 
corder's court or judge, request a transfer of such appli- 
cation to the circuit court of Cook county, or to the Cook 
county court of common pleas, all further proceedings up- 
on such application before said recorder's court, or the 
judge thereoi, shall be thereupon suspended; and the said 
application and all papers connected therewith, shall be 
transmitted to said circuit court of Cook county, or to the 
Cook county court of c >mmon pleas, as the person making 
said request shall desire ; and if neither of said courts 
shall be in session, then to either judge of said courts, as 
the party making such request shall desire. 

§ 5. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 15, 1855. 



lu for.-p Feb. 16, AN ACT to amend afn art fnti"erl " An act to dispose of the swamp atv' 
1865. overflowed lands, and to pay thi expenses ot selecting and surveying thf 

same," approved June the22d, 1852. 

Section 1 . Be it enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That when- 
ever it shall appear by a special report made in writing by 
the drainage commissioner to the county commissioners' 
court of Jersey county, that the lands lying in the county 
of Jersey, granted to the said county by the act to which 
this is an amendment, are not susceptible of improvement 
by drainage or embankment, by the expenditure of the 



149 1855. 



proceeds arising from the sales of the same, the said coun- 
ty courts may order the said lands sold as they may direct, 
and in such tracts and subdivisions as said court may 
deem expedient, and the money arising from such sales 
shall constitute a part of the school fund in each township 
in said county, and shall be divided equally between 
them. 

§ 2. This act to take effect from and after its passage. 

Approved Feb. 15, 1855. 



AN ACT to amend chapter ten of 'he Revised Statute?, entitled" Attach- m r " I ^* b - ? > 
tnetit of boats and vessels." 

[Section 1.] Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That the 
u'me limited in the sixth section of such act for the en- 
forcement of liens cieated by it, be changed so that the 
same shall be nine months, instead of three, as therein pro- 
vided. 

[§ 2.] This actshallbein force and take effect from and 
after its passage. 

Approved Feb. 9, 1855. 



AN ACT to alter the terth judicial circuit and fi« the times of holding ,n '•T 86 I 5 eb * ,4 » 
courts therein. 

Section 1. Beit enacted, by the people of the state of 
Illinois, represented in the General Assembly, That the T,me of howtng 
tenth judicial circuit shall hereafter be composed of the 
counties of Fulton, Mercer, Henderson, Warren and 
Knox, and the circuit courts in the several counties there- 
of shall be held as follows, to wit : In the county of Ful- 
ton, on the second Monday of February, third Monday of 
May and second Monday of October. In the county of 
Mercer, on the last Monday of March and first Monday 
of September. In the county of Henderson, on the first 
Monday of April and the second Monday o* September. 
In the county of Warren, on the second Monday of April 
and the third Monday of September; and in the county of 
Knox, on the fourth Monday of April and the fourth Mon- 
day of September, in each and every year. 

§ 2. All indictments, recognizances, writs and notices, Prooew. 
either in criminal, common law or chancery cases, in the 



1866. 160 

said several courts, shall be taken for, and returnable to, 
and stand for disposition at the several terms as herein 
provided for, as if no change had been made by this actj 
to be treated as if set for and returnable to the terms pro- 
vided by this act, which correspond to the terms as before 
provided by law. 

l»w« repealed. § 3. All laws and parts of laws coming within the pur- 
view of and in conflict with this act are hereby repealed. 

»*trof Mcretary § 4. It shall be the duty of the secretary of state to 
make, copy and certify, and transmit by mail, this act, to 
the circuit clerks of the several counties in said circuit, 
upon the passage hereof. 

§ 5. This act to be in force from and after its passage. 
Approved Feb. 14, 1855. 



u force Feb. 12, AN ACT to amend an act entitled " An act to dispose of the swamp and 
1866. overflowed lands, and to pay tbe expenses of selling the same," passed 

22d of June, A D. 1852. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That so 
much of the 13th section of said act as provides for the 
drainage of swamp land in the counties of Lawrence, Rich- 
land, Clay and Jasper, be and the same is hereby repealed, 
and that the funds arising from the sale of swamp and over- 
flowed lands, sold or to be sold in said counties, be paid by 
the drainage commissioners of saia counties, under an or- 
der of the county commissioners' court of said counties, to 
such persons and for such uses and purposes as the said 
several courts may direct 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved Feb. 12, 1855. 



*■ '"¥*£*'' l4 * AN ACT to P rovi de for the building of a state arsenal. 



1865. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
sum of seven thousand dollars be and the same is hereby 
appropriated out of any money in the treasury not other- 
wise appropriated, to be expended by the governor in the 
purchase of a suitable piece of ground, in or near the city 
of Springfield, and building thereon an arsenal for the safe 



151 1866. 

keeping and preservation of the state arras : Provided, the 
plan of said house shall be so fixed that this appropriation 
shall cover the whole expense thereof. 
Approved Feb. 14, 1855. 



AN ACT to provide fer taking the census. in force Fet>. is, 

1866. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the commiwioaewu 
enumeration of the inhabitants of this state for the year ** »P» olat « d - 
1855 shall be taken in conformity with the provisions of 
the 19th chapter of the revised laws of 1845, except that 
in counties having adopted the township organization, the 
board of supervisors shall appoint the commissioner, whose 
duty it shall be to take the enumeration of the inhabitants 
of this state, and except, also, that the list of property pro- 
vided for in the second section of said act shall not include 
the value of grain raised last year; and also, that the said 
commissioner appointed to take the census shall have the 
right to appoint one or more deputies under them, who 
shall take the same oath and perform the same duties as 
their principal! : Provided, the county judge shall have Proviso. 
the power of appointing the persons to take the census for 
the county of Adams, Hancock and Henry. 

This act^to take effect and be in force from and after 
its passage. 

Approved Feb. 15, 1855. 



AN ACT to declare a certain road in Hardin county a state read. iu force Feb. ta, 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
road from the Ohio river, opposite Weston, in Kentucky, 
to where it intersects the Equality and Cave-in-Rock road, 
known as the old "Flynn's Ferry Road," is hereby declared 
a state road, and shall be kept in repair as other state 
roads. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 13, 1855. 



f 



1866. 



1855. 152 

in force Feb. 15, AN ACT to locate and establish a state road therein named. 

1865. 

Section 1. Be it enacted by the people of the state of 
* Illinois, represented in the General Assembly, That A. J. 

•©mmissiomrs. Pearcy, Alexander McClelland and Francis Agnew be and 
they are hereby appointed a board of commissioners to 
view and locate a state road from Centralia, in section 18, 
T. 1 N., R. 1 E., in Marion county; thence northwardly, 
on the most practicable and direct route, to Central City, 
in said county; thence north, to a point on the state road 
leading to Vincennes, Indiana, at or near the crossing of 
the Ohio and Mississippi Railroad of the Chicago Branch 
of the Illinois Central Railroad, with a branch diverging 
to Sandoval, at or near the residence of Alexander Mc- 
Clelland, in said county of Marion. 
t« mate report. § 2. The commissioners hereby appointed shall report 
their view and survey of said road to the county court of 
Marion county; and all damages arising under this act shall 
be assessed as now provided by law; which report, if ap- 
proved by the said board of commissioners, shall be re- 
corded by the clerk of said court; and thereafter said road 
shall be opened and established as a public highway. 

§ 3. This act shall be in force and take effect from and 
after its passage. 

Approved Feb. 15, 1855. 



in force Feb 15, AN ACT for the re ief of John C. Motes, late sheriff of Brown county, 
*? 56 " and hi* securititi. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That a judg- 

Tiwe extended ment of eighteen hundred dollars, and thirty dollars and 

SgKf 11 * ° f sixty-six cents, obtained against John C.Moses and his 
securities, in the Sangamon circuit court, at the June term 
thereof, 1854, may be paid by the said Moses or his secu- 
rities, in three equal annual payments, without interest, as 
follows : the first payment, on the first day of February, 
1856; the second payment, on the first day of February, 
1857; and the last payment, on the first day of February, 
1858. 

star of sedition § 2. Execution on said judgment shall be stayed till 
the time of said payments : Provided, that execution may 
issue against the parties in said judgment on their failure 
promptly to pay the first or any other payment set forth 
in this act. 

»uty of auditor. § 3. The auditor of state is hereby directed to allow 
to said John C. Moses or his securities any credit the 



153 1855. 

county court of Brown county may certify is legally due, 
and that ought properly to be deducted from the above 
judgment, on account of any delinquent li?t for which said 
Moses was entitled to credit at the date of the judgment 
aforesaid : Provided, that this act shall not go into effect 
until said securities shall first file with the auditor their 
written acceptance of this act. 

§ 4. This act to be in force from and after its passage. 

Approved Feb. 15, 1855. 



AN ACT to authorise the purchase of law books for the libraries of the In force Feb. 8, 
supreme court. 1856, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General* is semhly, That there 
be appropriated for the years one thousand eight hundred 
and fifty- five, and one thousand eight hundred and fifty- 
six, the sum of five hundred dollars, annually, for each of 
grand divisions of the supreme court, to be applied in the 
purchase of law books for the libraries of said court; the 
money to be drawn and expended under the direction of 
the justices of said court. 

§ 2. This act to be in force from and after its pas- 
sage. * 

Approved Feb. 6, 1855. 



AN ACT to provide for the payment of the insfaUtHent cf interest upon in force Feb. 16, 
the state debt payable January 1st, 1855. i 856 - 

[Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly,'] That por- 
tion of the surplus revenue, and the fund received or to 
be received for the sale of state land, which by existing 
laws is appropriated to the purchase of the indebtedness 
of the state in the market, be and the same is hereby ap- 
propriated to the payment of the installment of interest 
which should have been made in New York on the 1st 
day of January, 1855, and for the payment of which pro- 
vision was made by the state; and said fund shall be appli- 
ed to no other purpose until said installment of interest 
shall have been paid. 

[§ 2-] This act to take effect and be in force from and 
after its passage. 

Approved Feb. 15, 1855. 



Unlawful to run 
at large. 



1865. 154 

to f0r ififi5 el) " W ' ■^"^ A&T to prevent she^p and swine from running at large in the counties 

of Stark, Putnam and McLean. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the Genenal Assembly, That it 
shall not be lawful for any person or persons, possessor or 
possessors of any sheep or sheep, or hog or hogs, shoat or 
shoats, pig or pigs, to allow the same to run at large with- 
in the counties of Stark, Putnam and McLean; and if any 
person or persons, residing in said counties of Stark, Put- 
nam and McLean, being the owner or owners, possessor 
oripossessors of any such sheep or sheep, hog or hogs, shoat 
or shoats, pig or pigs, shall permit the same to run at large 
within said counties as aforesaid, such person or persons, 
possessor or possessors, shall forfeit and pay the sum of five 
dollars per head to any person or persons making complaint 
before any justice of the peace in and for said counties, to 
be collected as in an action for debt before such justice of 
Pror1 "*' the peace, together with the costs of suit : Provided, 

however, said sheep or sheep, hog or hogs, shcat or shoats, 
pig or pigs, shall not be considered as running at large 
while they remain upon the premises of the owner or own- 
ers, possessor or possessors of the same, not occupied by 
any other person or persons. 
fgJSx to_ , § 2. That so much of the sixth clause of the fourth 
section of the third article of an act entitled " An act to 
provide for township organization," approved February 
17, 1851, as gives to the electors of each town in coun- 
ties adopting township organization the power, at their 
annual town meeting, " to determine the time and manner 
in which hogs and sheep shall be permitted to run at 
large," be and the same is hereby declared inapplicable 
to said counties of Stark, Putnam and McLean, whether 
the same are now or may hereafter be organized under the 
provisions of said act. 

§ 3. This act shall take effect and be in force from 
and after the first day of April, 1855. 

Approved Feb. 14, 1855. 



la force F«b. 14, AN ACT to extend the jurisdiction of the justice* of the peace and police 
1855 * magistrates of the count/ of Peoria. 

Section 1. Be it enacted by the people of the state of 

Illinois, represented in the General Assembly, That the 

*»ri*iiotiott ex- several justices of the peace and police magistrates in 

the county of Peoria, shall have jurisdiction to hear and 

determine all complaints, suits and prosecution! mention- 



155 1855. 

ed and described in section seventeen of chapter forty- 
nine, (entitled justices of the peace and constables,) of the 
Revised Statutes, in which the amount claimed to be due 
does not exceed three hundred dollars. 

§ 2. Said justices of the peace and police magistrates 
shall have jurisdiction to hear and determine all com- 
plaints, suits and proceedings, for all debts, penalties or 
demands, in which the action of debt, assumpsit, trover, 
or trespass on personal property, will lie, in which the 
amount claimed to be due does not exceed three hundred 
dollars. 

§ 3. Said justices of the peace and police magistrates 
shall have jurisdiction to hear and determine all actions 
on the case, (except libel and slander,) in which the 
amount claimed to be due does not exceed three hundred 
dollars. 

§ 4, This act shall be taken to be a public act, and be 
in force from and after its passage. 

Approved Feb. 14, 1855. 



AN ACT to establish tha eourt of cimmoa pUaa •£ tha city of Cairo.. In fan* Wb. •» 

1856. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly * That there 
shall be established in the city of Cairo an inferior court of Oo , urt of ""HS 

... ii . pleas eataMwfc. 

civil and criminal jurisdiction in all cases except in cases ed, &c 
of treason, and in cases wherein the demand exceeds the 
sum of fifty thousand dollars; which court shall be a court 
of record, by the name of "The Court of Common Pleas of 
the City of Cairo," and shall have concurrent jurisdiction '^S^^ 1 ? 
within the city and within township seventeen south, and nidiction wub 
range one west of the third principal meridian, with the cir- & c . 
cuit court, except in the cases above excepted. 

§ 2. The judge of the court of common pleas of the Jud l?J? * ■*" 
city of Cairo shall be nominated and appointed by the gov- 
ernor, by and with the advice and consent of the senate, 
and shall hold his office for the term of five years from the 
date of his commission, and shall have power to appoint C1 ^* t ° "• **" 
the clerk of the said court. And the said clerk shall give cierk to §>• 
bond, perform the same duties, be subject to the same lia- lMmd " 
bilities, and be entitled to the same fees as are or may be 
provided by law in relation to the clerk of the circuit court. 
The judge shall be called "The Judge of the Court of Com- 
mon Pleas of the City of Cairo," and shall receive an an- saiarju 
nual salary of one thousand dollars, to be paid, quarterly, 
out of the state treasury. 



1855. 156 

Trustees to pro- § 3. The board of trustees, or the city Council of said 
city, as the case maybe, shall provide a seal for the court; 
and all process issued from the court shall be attested in 
the name of the clerk, and be impressed with the seal ot 
the court, "nd shall be made returnable in the same man- 
ner as like process are made returnable into the circuit 
court. 

Governor to ap- § 4. The governor, by and with the advice and con- 

tTng 1 »ttoraey"" sent of the senate, shall appoint a prosecuting attorney 
for the court of common pleas of the city of Cairo, whose 
powers, duties and fees shall be the same as now provided 

salary of attor- by law in relation to state's attorneys : Provided, that the 

ney ' said prosecuting attorney shall receive the same salary, 

payable quarterly, out of the rtate treasury, now allowed 
to a state's attorney. 

Grana and petit § 5. The grand and petit jurors of the said court shall 

iMtod. h ° W se " be selected from the qualified voters, being householders 
of the said township seventeen, including the city of Cairo 
as part of said township, as the city council or the board 
of trustees of the said city may order and direct; and the 
said council or board of trustees are required to certify to 
the clerk of the said court a list respectively of the said 
grand and petit jurors at least ten days before each term 

proviso. °f tne sai & court : Provided, also, that the said court may 

cause talipmen to be summoned, subject to the same re- 
strictions, and in like manner, now provided bylaw in re- 

Provided further, lation to the circuit court : Provided further, that the said 
jurors shall be entitled to receive such compensation as 
the city council or board of trustees of the said city may 
order and direct. 

Terms of court § 6. The regular terms of the ?aid court shall be held 
wbanto neheui. on the firgt Mondays of j anU ary, April, July and October 

of every year, and shall continue in session until the busi- 
Pronao. ness of the court shall have been disposed of: Provided, 

that the judge of the court may appoint and hold special 
terms of the said court under the regulations, restrictions 
Bind authority now provided by law in respect to the judges 
of the circuit courts in that behalf, 
■writs to he ex*- § 7. The marshal, or other equivalent officer of the 

whom. and by said city, shall execute all writs, subpoenas and other pro- 
cess issued by or out of the said court of common pleas 
of the said city, or which may otherwise come to his 
hands, and make due return of the manner of executing 
the same, as now provided by law in relation to sheriffs; 
and when he shall have executed any criminal process, 
he shall take recognizance and make return thereof as is 
now provided by law, in like cases, in relation to sheriffs; 

Foe*. and the said marshal or other officer shall be entitled to 

receive the same fees allowed by law to sheriffs. 



157 1855. 

o 8. Changes of venue, in all cases, may be taken Change of venu*. 
from the said court to the circuit court of Alexander 
county, upon affidavit of the party or his attorney, setting 
forth the particular grounds of his or her belief, and aver- 
ring his or her belief that justice and a fair and impartial 
trial require such change of venue : Provided, the judge proviso. 
of said court shall be satisfied of the truth of the affida- 
vit: Provided, further, that no other or further change of 
venue shall be allowed. 

§ 9. All appeals and writs of certiorari taken from Appeals, 
the judgments of justices of the peace within the said 
township seventeen, shall be taken to the said court in 
like manner as is now provided by law in relation to ap- 
peals from justices of the peace to the circuit court, and 
shall be there heard and determined as in like cases in the 
circuit court ; and appeals may be taken, and writs of er- 
ror prosecuted from the said court of common pleas of 
the said city to the supreme court, as is now provided by 
law in relation to appeals and writs of error from the 
circuit court to the supreme court. 

§ 10. The judge and prosecuting attorney of said Judge and atior- 
court of common pleas shall not be appointed until the appointed "until 
necessity for the said court shall have been certified under ^wlt^cm-p^ 
the corporate seal of the city of Cairo : Provided, that ra , l « authodtu. 

I i ii c oi Cairo. 

if such necessity shall be so certified before the next ses- proviso. 
sion of the general assembly, the governor shall have pow- 
er and be required to appoint and commission said judge 
I and the said prosecuting attorney, whose terms of office, Term of omce. 
i under such appointment, shall only continue until the next 
J session of the general assembly, after the appointment, and 
j until iiis successor shall have been appointed as hereinbefore 
! provided : Provided, Jurtker, that in the year eighteen provided fwttar. 
! hundred and sixty-one, and every sixth year thereafter, 
the said judge and said prosecuting attorney of the said 
court of common pleas shall be elected at the same time 
and in the same manner as the circuit judges, any thing 
in this act to the contrary notwithstanding. 
Approved Feb. 6, 1855. 



AN ACT to establish a state road in Adams countj In force Feb. ii, 



1855. 



Section 1. Be it enacted by the people of the state of 
\Illinois, represented in the General Assembly, That P. commi B sk»D«r*. 
|T. Judy , Wilson Ticely and B. J. Chatten, of Adams county, 
ike and they are hereby appointed commissioners to view, 
'mark out, locate and establish a state road in the county 



1855. 158 

of Adams, commencing at the southeast corner of town- 
ship one south of the base line, of range seven west of the 
fourth principal meridian, running thence west, as near as 
practicable, on the township line between townships one 
and two south to the east line of the farm of John Cleve- 
land, senior ; there to intersect the road running from 
Quincy east, by said Cleveland's, or to join or strike it at 
that point. 
Meet »nd ta»» § 2. Said commissioners shall m eet to perform the du- 
MXb ' ty herein required of them, at any time before the first 

day of January, A. D. 1856, and shall, after they have 
surveyed and marked out said road, make or cause to be 
*»m«ke and me made a plat thereof; which shall, together with their report 
**" of their actings and doings in the premises, be filed with and 

recorded by the clerk of the county court of the county of 
Adams; after which said road shall be regarded as establish- 
•fwned and kept ed, and opened, worked and kept in repair as other state 
to repair. roads; and said commissioners and such persons as they shall 
think it necessary to employ in and about the location of 
said road shall be allowed such compensation for their 
<Mm>ensation. services as the board of supervisors of Adams county may 
determine, which amount shall be paid out of the county 
treasury of the county of Madison. 
Damages. § 3. Should any person or persons claim damage by 

reason of said road passing over his, her or their prem- 
ises, the same shall be assessed and paid in the manner 
now provided by law. 
mm to intersect. § 4 - Said commissioners herein appointed, may, if 
they think the public interest will be promoted thereby, 
cause said road to intersect the road leading from Quincy 
to Columbus or the road from Quincy to Liberty, in Adams 
county, west of the range line between seven and eight 
west. 

§ &. This act shall take effect and be in force from and 
after its passage. 

Approved Feb 15, 1855. 



im force Feb. 15 AN ACT to reimburse Samuel McClure for money paid out for the re- 
1865. ' takiug of William J. Shavr, charged withjttie murder of John Buchanan. 



Preamble. 



Whereas William J. Shaw was confined in the Clark coun- 
ty jail, and escaped from said jail, Samuel McClure, be- 
ing keeper of said jail, offered a reward of two hundred 
dollars for the apprehension of said Shaw; he was appre- 
hended, and said McClure paid the sum of two hundred 
dollars, and expended large sums otherwise; therefore, 



159 1855. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That the Dutyoitreaswer 
treasurer of the state of Illinois pay to Samuel McClure, 
late sheriff of Clark county, the sum of two hundred dol- 
lars, out of any money not otherwise appropriated. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Approved Feb. 15, 1855. 



AN ACT to relocate apart of the state raad leading from York, in Clark in force Peb. 14, 
county, to Charleston, in Coles county. 1866. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That so section of t*«i 
much of the state road leading from York, in Clark coun- clunig6d - 
ty, to Charleston, in Coles county, as lies between the res- 
idence of William Hodges and the town of Darien, in said 
county, be and the same is hereby so changed and reloca- 
ted as to run as follows, to wit : Beginning at or near the 
residence of said William Hodges; thence due west, to the 
range line dividing townships twelve and thirteen; thence 
north, to the southeast corner of said town of Darien. 

§ 2. That said part of said road shall hereafter be open- op*ned and ha* 
ed and kept in repair as hereby relocated. ta ^p* 1 *- 

Approved February 14, 1855. 



AN ACT to authorise suits to be brought in the nam* of the county courts. j n ^^^ abb M 



1866. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That all 
official bonds of justices of the peace, made and executed ^'L sn^Tto 
to the county commissioners and their successors in countycowu. 
office, previous to the organization of the county courts, 
ghall be sued in the name of the county courts of the sev- 
eral counties of this state, for the use and benefit of any 
person or persons injured or aggrieved by the official acts 
or misconduct of any such justice. 

§ 2. This act shall be in force from and after its passage. 

Approved, Feb. 15th, 1855. 



1855. 



160 



Commissioner;, 



Iteei 

uatu 



ftii'i ..•=»' 



in force Feb. 16, AN ACT to establish a state road from Marion, in Williamson county, to 
ia °°* Carbondale ; iu Jackson county. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That James 
Hampton and George L. Owen, of Williamson county, 
and William S. Richard, of Jackson county, be and they 
are hereby appointed commissioners to lay out and estab- 
lish a state roi d, which shall commence at Marion, in 
Williamson county, and run on the most direct and eligible 
route to Carbondale, in Jackson county. 

§ 2. It shall be the duty of said commissioners to meet 
at Marion, in the county of Williamson, on the fifth day of 
March next, after the passage of this act, or as soon there- 
after as they may lind it convenient, and after having been 
sworn by some acting justice of the peace of said county, 
to view, mark and locate a road, as above designated, 
having due regard to private property. 

§ 3. When said commissioners shall have laid out and 
established the said road as aforesaid, they shall make out 
and deliver to the clerk of the counties through which 
said road passes, a copy or plat of said road, which plat, 
when so received by said clerk, shall be entered of record 
in their several offices, and the said entries, when so 
made, shall be evidence in all courts of this state, of the 
existence of said road. 

§ 4 The county courts ol the several counties through 
which said road passes shall allow to the said commis- 
sioners and to the said clerks a reasonable compensation 
for their services rendered as aforesaid, in proportion to 
the amount of labor performed in each county. 

§ 5. This act shall take effect and be in force from and 
after its passage. 

Approved Feb. 15, 1855. 



To make plat . 



To l>e evidence. 



Compensation. 



In law Feb 
1865. 



Jurisdiction 

tanked. 



. 16, AN ACT to amend an act, entitled " An act to amend an act establishing 
county courts, approved February 12lh, 1849, and extending the juris- 
diction of the La Salle. Winnebago, Boone and MfcHenry county courts, 
approved February 27th, 1854, extending the jurisdiction of the Gruudy 
county court." 

I Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly.'] That in 
«* addition to the power heretofore conferred upon the county 
courts of this state, the county court of Grundy county 
shall have, and they hereby receive the same powers in 
jurisdiction in all civil cases, suits and actions and pro- 
ceedings, which are conferred upon and are now in force 



161 1855. 

in the county courts of La Salle, Winnebago, Boone and 
McHenry counties, by an act of general assembly, en- 
titled " An act to amend an act establishing county courts, 
approved Feb. 12th, 1849, and extending the jurisdiction 
of the La Salle, Winnebago, Boone and McHenry county 
courts, approved Feb. 24th, 1854." 

§ 2. This act shall take effect and be in force from 
and after its passage. 

Approved Feb. 15, 1855. 



AN ACT for the sattlem«nt of claims of eon!ractor9 on the Illinois and in f»rce Reb. 15, 
Michigan Canal. lfi65 * 

Whereas it is alleged by and on behalf of the contrac- 
tors who were employed in the construction of the Illi- 
nois and Michigan canal, whose contracts date prior v»»rai>i«. 
to A. D. 1840, that they were subjected to great loss 
and damage by reason of the failure of the state to pay 
them, the said contractors, their several estimates for 
work done on said canal, according to the contract and 
agreement of the said state ; and whereas the said con- 
tractors allege that they were compelled to take from 
the state in payment for work so done by them for the 
state, canal scrip, bonds, and other evidences of state 
indebtedness, at the par value of the same, while the 
same could not be disposed of in market, except at ru- 
inous rates of discount; and whereas the said contrac- 
tors also allege that a large sum of money has been 
withheld from them by the state, growing out of and ac- 
cruing to them, as they allege, from what is commonly 
called the " Thornton Loan ;" now, therefore, for the 
purpose of making a just and equitable settlement of all 
the said claims of the said contractors with the state, 
growing out of their said contracts and of the failure 
of the state to comply with and fulfil her part of said 
contracts as aforesaid, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
whole sul jeci of the claims specified in the foregoing pre- commiMtonwi 
amble, together with the testimony relating thereto, taken appoint**. 
before Charles Oakley, and now in the office of the secre- 
tary of state, and the testimony taken before Noah Johnson 
anu A. Lincoln, which was reported to the governor of 
the state of Illinois, on the 7th day of January, A. D. 
1853, and all other testimony relative to such claims, now 
on file in the office of the secretary of state, be and the 
same are hereby referred to a commission, consisting of 
11 



1855. 162 

Judges Samuel H. Treat, John D. Catop and Walter B. 
Scates. 
claims § 2. The said commissioners are hereby authorised 
1 te8ti " and required to meet at some convenient place, by them to 
be determined, and at as early a day as is practicable, and 
examine said claims, the testimony concerning the same, 
taken before Charles Oakley, the testimony taken before 
Noah Johnson and A. Lincoln, and all other testimony re- 
lating thereto, now on file in the office of the secretary 
of the state, together with such other and further testi- 
mony as shall be presented before them, either on part of 

proviso. the state or the said claimants : Provided, that all addi- 

tional testimony received by said commissioners shall be 
in writing and kept on file with the other testimony. 

t<> § 3. After full examination and hearing of said claims, 

dnd the testimony accompanying them, and presented in 
relation thereto, they shall decide and determine upon the 
ie as in their opinion sound morality, equity, and good 
conscience demand. They shall keep a record of their 
proceedings, setting forth their decision in each case ex- 
amined i -i in each case in which, in. 
their opinion as aforesaid, any sum shall be allowed the 
claimant or claimants, they sha\l state the name of the 
claimant or claimants, the amount of the claims thus ap- 
proved, and on what account or accounts the same was 
approved, whether on the "Thornton Loan,'' (so called,) 
interest scrip, st-ite bonds, canal indebtedness, or other- 
wise. And they shall report the same, together with ali 
other material matters pertaining thereto, with such com- 
ments, suggestions, and recommendations, as to them shall 
seem fitting, to the legislature of the state, at the first 
meeting of the general assembly, in general or special 

■ session : Provided, that the said commissioners shall not 

approve, adjudicate, consider or examine any claim now 
owned, in whole or in part, by any assignee of said con- 
tractors, excepting only such claims as said assign* 
assignees may be the bona fide owner of, and which were 
received by him or them in consideration of work done or 
materials furnished as a sub- contractor on said canal. 
i„ § 4. For the purpose of avoiding the examination by 
said commissioners of any claim in fraud of the provisions 
of section three of this act, the said commissioners shall, 
before they enter upon examination of any claim, as pro- 
vided for in this act, require the said claimant or claim 
to prove by his or their oath or affirmation or otherwise, 
to the satisfaction of the said commissioners, that the 
said claimant or claimants hold and present su(h claim in 
his or their own right as an original contractor on sad 
canal, as specified in the preamble of this act, or 
sub- contractor, as provided for in the third section of 
act, and that such claimant or claimants have not, at any 



make oath. 



163 1855. 

time, previous to the presentation of said claim, in any 
manner parted with, sold or assigned the same, or any 
part thereof, to any person or persons whatever : Pro- *n>vfco- 
vided, that nothing herein shall be so construed as to pre- 
vent the presentation of and award upon tfie claim of the 
heirs, executors or administrators of said contractors or 
sub- contractors. 

6 5. A majority of said commissioners shall have au- Majority or eom- 

-» , j J - m missionei - ba< ■ 

thonty to transact any business under tins act, and th< 

• • J ■ • • c • l ••!. l ii , -■> j appoint I 

opinion or decision or said majority shall be considered andciern. 
and acted upon as the opinion and judgment of said board 
of commissioners. I They shall have power to appoint an 
attorney to act on behalf of the state, to issue process to 
compel the attendance of witnesses, to administer oaths 
and affirmations, to appoint a clerk, and to command the 
services of any sheriff or constable to serve process or 
keep order during their sittings, and to fix the compensa- 
tion of such officers. 

§ 6. The said commissioners shall give twenty days' : 
notice of the time and place of their first meeting, by 
causing the same to be published in one or more newspa- 
pers in Springfield, Ottawa and Chicago ; and after hav- 
ing met for the first time, they shall have power to ad- 
journ from time to time, and from place to place, until the 
duties imposed by this act shall be performed. 

<$ 7. The said commissioners shall each receive the compensation. 
sum of eight dollars for each [day] he may be necessarily 
engaged in the discharge of the duties imposed by this 
acf, one half of the same to be paid from the state treasu- 
ry and one half by those presenting claims for adjudica- 
tion : Provided, that if said claims are reported adverse- Pro*i§o. 
ly, the said claimants shall pay the amount due the com- 
missioners ; and the said commissioners, previous to en- 
tering upon the duties imposed upon them by this act, shall 
take an oath faithfully to discharge the same. 

§ 8. This act shall be deemed a public act, and shall 
take effect from and after its passage. 

Approved Feb. 14, 1855. 



AX ACT to punish the fraudulent issua and transfer of certificates of stock ita torceF< 
in corporations. l8 " 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That every 
president, cashier, treasurer, secretary or other officer, and f* 1 r 

,, .. . J - . ,. transfer o: 

every agent oi *ny bank, railroad, manufacturing or Other 
corporation who shall wilfully and designedly sign, with 



ari'l 
fftoek 



uieut. 



1855. 164 

intent to issue, sell, pledge, or cause to be issued, sold or 
pledged, any false, fraudulent or semi-related certificate 
or other evidence of the ownership or transfer of any share 
or shares of the capital stock of such corporation, or any 
instrument purporting to be a certificate or other evidence 
of such ownership or transfer, for the signing, issuing, sel- 
ling or pledging of which by such president, cashier, trea- 
surer or other officer or agent shall not be authorised by 
the charter and by-laws of such corporation, or by some 
amendment thereof, shall be adjudged guilty of felony, and 
every such person or persons shall be liable to indictment, 
and on conviction shall be punished by fine, not exceeding 
two thousand dollars, and by imprisonment in the peniten- 
tiary not more than ten years, as the jury shall determine. 
Liawe to indict- § 2. That every president, cashier, treasurer, secre- 
tary or other officer, and every agent, attorney, servant or 
employee of any bank, railroad, manufacturing or other 
corporation, and every other person who shall, knowingly 
and designedly, and with intent to defraud any person or 
persons, bank, railroad, manufacturing or other corpora- 
tion, issue, sell, transfer, assign or pledge, or cause or pro- 
cure to be issued, sold, transferred, assigned or pledged 
any false, fraudulent or semi-related certificate or other 
evidence of ownership, of any share or shares of the capi- 
tal stock of any bank, railroad, manufacturing or other 
corporation, every such person so issuing, selling, trans- 
ferring, assigning or pledging, or causing the same to be 
done, shall be adjudged guilty of felony, and shall be liable 
to indictment, and on conviction shall be punished by fine, 
not exceeding two thousand dollars, and by imprisonment 
in the penitentiary not more than ten years, as the jury 
shall determine. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved Feb. 14, 1855. . 



infercaFeb. 16, AN ACT to enable banks hating etnte slocks deposited with the stale 
1865. treasurer to receive their due proportion of the payments on the principal 

thereof, under the 15. b article cf the constitution. 

Section 1. Be it enacted by the people of the state of 

Illinois, represented in the General Assembly, That it 

DiTidMwis to ue shall be the duty of the state treasurer, on every first day 

deducted. of January, to present to the auditor all evidences of state 

indebtedness in his possession which have been deposited 

with him in pursuance of the provisions of the general 



165 1855. 

banking law , which are entitled to receive a pro rata of 
the amount paid on every first day of January, on account 
of the principal of state indebtedness, under the fifteenth 
article of the constitution, and that the proper dividends 
shall be declared on all evidences o' indebtedness so pre- 
sented. 

5 2. That the treasurer shall hold the pro rata divi- stoc **J° , "" u " 

11 1 Mill I • 1 I C P 06 ^ 1 - 

dends so received until the banks which are the owners ot 
said evidences of indebtedness shall have deposited with 
the auditor such an amount of stocks of any of the kinds 
receivable under the provisions of the general banking 
law as are equal in value, under the provisions of the said 
law, to the amount of dividend held by the treasurer as 
aforesaid, and he shall then pay over the dividends to the 
banks entitled to receive them. 

§ 3. That nothing contained in this act shall be so con- ^££££? Z, 
strued as to withdraw any of the said evidences of indebt- to b« wittxiraire 
edness from the custody and charge of the state treasurer; 
and that the auditor shall cause the amount of dividend 
psid on any such indebtedness to be endorsed thereon be- 
fore the same shall be withdrawn by any bank or other 
party. 

Approved Feb. 15, 1855. 



AN ACT to view and locate a state road therein named. in force Feb. 16 

1866. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Thomas 
McKee, of the county of Knox, and William Terry and 
William Willitt, of the county of Mercer, be and hereby Commissionm. 
are appointed commissioners to view, mark and locate a 
state road from the Walnut Grove station, on the Military 
Tract Central Railroad, in the county of Knox, via Pope 
Creek post office, in the county of Mercer, to the town of 
Keithsburg, in said county. 

§ 2. The said commissioners, or any two of them, shall M <*>* ail,i < Rkt 
I meet at Pope Creek post office, on or before the fourth day 
j of July next, and before entering upon the duties assigned 
| them by this act shall take an oath before some justice of 
the peace of the state of Illinois faithfully to discharge the 
j duties required of them by this act, and shall proceed to 
I view, mark and locate said road, four rods wide, on the 
i nearest and most eligible route. 

§ 3. Upon such location being made, the said com- to mate report. 
Imissioners, or any two of them, shall make a report of the 
same to the county courts of Knox and Mercer counties 



1855. 166 

aforesaid; and said courts shall cause said road, or so much 
thereof as lies within their respective counties, to be open- 
ed within one year from the location thereof, and to be 
kept in repair; and said road is hereby declared to be a state 
road. 
compensation. § 4. The counties of Knox and Mercer shall allow said 

commissioners, their surveyor and assistants a reasonable 
compensation for their services, in proportion to the ex- 
tent of said road in each of said counties. 
Approved Feb. 15th, 1855. 



in force Feb. 13, AN ACT to relocate part of a state road therein named. 

1855. 

[Section 1.] Be it enacted hythe people of the state of 
Illinois, represented in the General Assembly, That James 
Slephenson, James Hunter and Joseph Charles be and 

commissioners, the) are hereby appointed commissioners to review and 
relocate so much of the state road leading from the town 
of Grayville to the town of Carmi, both in White county, 
Illinois, as lies between a certain culvert, across Main 
street, in said town of Gray ville, and the southeast corner 
of the northeast quarter of section 29, T. 3 S., range 14 
west of the principal meridian. 

ro meet and take § 2. Said commissioners, or any two of them, shall, at 

°!a/. an ' e any convenient time after the passage of this act, proceed 
to review and relocate said road, causing a survey and plat 
of the same to be made; which plat, by them signed, and 
certified by the surveyor, who shall survey the same, shall be 
returned to the clerk, and recorded upon the proper rec- 
cord in the county clerk's office of White county, aforesaid; 
and from the time of the return of said plat, such road shall 
be deemed to be established as a public highway, as relo- 
cated, and the county court of White county shall imme- 
diately cause the same to be opened, as now provided by 
law for opening new county or state roads. 

Exposes to b= ^ 3. The county court of White county shall pay the 
expenses of reviewing and relocating said road, from the 
treasury of said county. This act to be in force and take 
effect from and after its passage. 
Approved Feb. 13, 1855. 



pa 1 . 



167 1855. 

AN ACT to provide for a certain atate road therein earned. tu force Pe!u Ifij 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Wil- 
liam B. Archer, Clark Nichols, of Clark county, and Mar- 
shall Barlow, of Crawford county, are hereby appointed r ~ 
commissioners view to and mark out a state road, commen- 
cing at Robinson, Crawford county, Illinois, running the 
nearest and best route until it strikes the range line dividing- 
twelve and thirteen; thence north on said line until it comes 
to the town line dividing nine and ten; thence the nearest 
and best route until it comes to Marshall, Clark county, 
Illinois. 

§ 2. The said commissioners, or any two of them, shall Meet ani1 tak> 
meet in the town of Robinson, on the first Monday of May 
next, or some day thereafter, and before entering upon the 
duties assigned them by this act, shall take an oath before 
some justice of the peace of the county of Crawford, afore- 
said, faithfully to discharge the duties required of them by 
this act, and shall proceed to view, mark and locate said 
road, four rods wide, on the nearest and most eligible 
route. 

§ 3. Upon the location being made said commission- Tomah€ 
ers, or any two of them, shall make a report of the same to 
the county courts of Crawford and Clark counties, afore- 
said, and said courts shall cause the said road, or so much 
thereof as lies within their respective counties, to be open- 
ed and kept in repair; and said road is hereby declared to 
be a state road. 

§ 4. The counties of Crawford and Clark shall allow Compel"**- 
said commissioners, their surveyor and assistants, a rea- 
sonable compensation for their services, in proportion to 
the extent of said road in each of said counties. 

Approved Feb. 15, 1855. 



AN ACf to relocate a part of the state road leading; from Grayville, in In force Feb. 14, 
White county, to Mount Carinel, in Wabash county. 185S - 

Section 1. Be it enacted by the people oj the state of 
Illinois, represented in the General Assembly, That Irrael 
P. Burns, Robert Campbell, of Edwards county, and Jo- 
seph A. Compton, of Wabash county, be and the> are here- 
by appointed commissioners to relocate so much of the 
state road leading from the town of Grayville, in White 
county, to the town of Mount Carmel, in Wabash county, 
as passes through section thirty-four (34,) in Edwards 
county, and section thirty- five (35,) in Wabash county, 
all in toweship two south, in range fourteen west. 



1855. 168 

Mwt snfl take § 2. The said commissioners shall meet on or before 
the tenth day of June next after the passage of this act, or 
as soon thereafter as possible, and lake an oath before 
some justice of the peace of Edwards county, well and 
truly to perform the duties required of them by this act. 

TaiuAke «dfiie § 3. When said commissioners shall have viewed the 
?1 " t ' said ground, and shall have relocated said road, it shall be 

their duty to make out a plat of the road so relocated, and 
lay said plat before the county court of Edwards coun- 
ty as soon as practicable after the completion of the same; 
and the road so relocated is hereby declared a state road, 
and so much of the old road affected by said relocation is 
hereby vacated. 

Fiat to h« record- § 4. That said plat shall be evidence hereafter in all 
*• courts of record in this state, and it shall be the duty of 

the county court of Edwards county to record said plat in 
the records of said office. 

§ 5. This act to be deemed and taken as a public act, 
and take effect from and after its passage. 
Approved Feb. 14th, 1855. 



in force Fet«. u, AN ACT to relocate certain state roads therein named. 

1856. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General •Assembly, That David 

oooKinssiQDare. Mack, Melgar Couchman and James A. Winston, of 
Hnncock county, be and are hereby appointed commis- 
sioners to view, mark and relocate that part of the Fair- 
field and Monmouth state road, which lies between the 
town of Carthage and the bridge across Crooked Creek, 
in said county of Hancock, and also that part of the 
Rushville and Commerce state road which lies between 
said town of Carthage and the town of Nauvoo, in said 
county. 

Meet and take § 2. Said commissioners, or a majority of them, shall 
oath - meet at said town of Carthage within six months from the 

passage of this act, on such day as may be agreed upon 
by them, and after being duly sworn by some justice of 
the peace of said county, faithfully to perform the duties 
imposed by this act, shall proceed to make, lay out and 
relocate said roads as provided in the preceding section, 
(avoiding as much as possible, damage to private proper- 
ty,) on the most eligible ground ; and shall designate the 
route of said roads so relocated, by placing stakes in the 
prairie, and blazes on the trees in the timber. The said 
commissioners shall, so soon as the roads are laid out, 



169 1855. 

make and file a report and plat of said roads so relocated, 
with the courses and distances from point to point ; which 
plat, when so made, shall be certified by said commis- 
sioners, and a copy thereof filed in the office of the clerk 
of the county court of the said county of Hancock. 

§ 3. The said commissioners shall have power to em- coni m tBbwn*™t* 

3 I employ snrreyor 

ploy a surveyor, and such other persons as may be neces- 
sary in the survey an t relocation of said roads, and they 
shall make out and present to the county court, or super- 
visor's court, whichever may at the time be doing county 
business, a certified copy of the time and number of 
hands necessarily employed, and thereupon, it shall be the 
duty of said court to make and allow to each commission- 
er, surveyor, and person so employed, a reasonable com- 
pensation for their services. 

§ 4. Said roads, when so relocated and laid out, shall c ^ e T n * d a ^f d ** pt 
be, and the same are hereby declared state roads, and 
shall be opened four poles wide, and shall be kept in re- 
pair as other state roads, and it shall be the duty of said 
court to cause the same ti be opened and kept in repair 
as other state roads are. 

§ 5. This act shall take effect and be in force from and 
after its passage. 

Approved, Feb. 14, 1855. 



AN ACT to relocate a portion of a state road therein named. Tn fore* Feb. 15, 

1868. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General •Assembly, That Wil- 
liam Jones, William Eveland and Aaron Vanata be and conraiiwioneri. 
they are hereby appointed commissioners to relocate so 
much of the state road in Cumberland and Jasper coun- 
ties, known as the Wabash and Shelby ville state road, as 
follows : commencing at the point where the abovenamed 
road intersects the county line between the counties of 
Jasper and Cumberland; thence westerly, on the most eli- 
gible route, on the line of said counties, to the southwest 
quarter of section thirty-six, township nine north, range 
ten (10) east; thence north, on the section line, to the 
northeast corner of section twenty-three (23,) same town 
and range; thence westerly, on the section line, to a point 
where said line intersects the now traveled road, (known 
as the Palestine road;) thence along said traveled road to 
the original line of the abovenamed state road. 

§ 2. That said commissioners, or a majority of them, Meet ana uke 
shall meet on or before the first day of June next after the oatTl " 



1865. 



170 



passage of this act, or as soon thereafter as possible, in 
the county of Cumberland, Illinois, and take an oath be- 
fore some justice of the peace of s ud county well and tru- 
ly to perform the duties required of them by this act, and 
• thereupon proceed so to do. 

Tomttkepiat,&c. § 3. When said commissioners shall have examined 
said ground, and shall have relocated said road, it shall be 
their duty to make out a plat of the road so relocated, and 
lay one of them before the county courts of Cumberland 
and Jasper countiss respectively, as soon as practicable; 
and the road so relocated is hereby declared the state road, 
and so much of the old road as is affected by the reloca- 
tion is hereby vacated. 

§ 4. That said plat or certified copy thereof shall be 
evidence hereafter in all courts in this state; and it shall 
be the duty of the county court of Cumberland and Jasper 
counties to record said plat in their records respectively. 

§ 5. That after said plat shall have been laid before 
the county courts of Cumberland and Jasper counties, the 
said road, as so relocated, shdl be opened and kept in re- 
pair as other public roads. 

§ 6. That the counties of Cumberland and Jasper shall 
pay the expenses incident to the relocation of said road, 
in proportion to the length of line of relocation of said road 
in said counties respectively. This act shall be deemed a 
public act, and be in force from and after its passage. 

Approved Feb. 15, 1855. 



To be evidence. 



Opened and kept 
in repair. 



Kxpeusea to be 
p»id. 



lB tM '*^' b - 15 ' AN ACL' to provide for the burial uf the dead occurring on railroads, and 
( in or by vehicles carrying passengers. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That in all 
^yuabw'f^an cas es where any railroad company shall bring dead per- 
expenses. sons into this state, on board their cars or otherwise, the 

same being paupers or without personal effects, or friends 
to defray the expese of their burial, and that of paying 
such expenses of a coroner's jury, the said company shall 
be liable for all such charges as becomes necessary, in 
holding a coroner's inquest and a decent buriai, and the 
necessary expenses of the same. 

§ 2. In like manner, shall every railroad company 
running cars within this state be liable for all the ex- 
pense of the coroner and his inquest, and the buriai of ail 
persons who may die on the cars, or who may be killed 
by collision or other accident occurring to such cars, or 
otherwise; and any coroner, city, town or person, who 



Expoasee. 



171 1855. 

shall take charge of, and decently inter any such body, or 
eorpse, or cause an inquest to be held over such corpse, 
shall have cause of action against such company before 
any court having competent jurisdiction. 

§ 3. Tl e same liability in every respect shall attach 
to all steamboats, propeller boats, vessels or stages, 
which are engaged in whole or part in the conveyance of 
passengers for hire. 

§ 4. This act shall be a public act, and shall take ef- 
fect from and after its passage. 

Approved Feb. 15, 1855. 



AN ACT to authorize the purchase of books for tht state library. In force Feb. l«, 



1858. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That it 
shall be the duty of the secretary of state to apply the secretly of state 
proceeds of the sales of the surplus copies of the laws of 
this state, and all other sums of money appropriated and 
unexpended, or which may be hereaftei appropriated for 
the use of said state 'ibrary for the sole and express 
benefit of said library. 

§ 2. That there be appropriated for the years 1855 Appropriations. 
and 1856 the sum of five hundred dollars, to be applied 
in the purchase of books for the state library ; and that 
the state librarian or secretary of state shall report to the 
legislature at its every session, (regular and special,) the 
number and title of books purchased, their price per 
volume, and the aggregate amount expended for said pur- 
pose. 

Approved Feb. 15, 1855. 



AN ACT to amend chapter 25, division 3rd of the Revised Statutes of In force Feb. 14, 
1845, entitled " Religious Societies." 1856 - 

Section 1. Be it enacted by the people oj the state of 
Illinois, represented in the General Assembly, That that 
portion of the above recited act concerning religious so- offlcenuio mt*t 
cieties, which requires the certificate of the trustees of 
any such corporate body, whose term of office expires up- 
on the election of their successors, to be filed and recorded 
in the recorder's office of the proper county, be so amend- 
ed as to enable the officers of any such religious society, 



1855. 172 

of whatever name or title, whose duties comespond with 
those of trustees, to be authorised to make such certifi- 
cate for record. 

§ 2. The persons elected under said law in the capa- 
city of trustees, whether known by the name of trustees, 
wardens, vestrymen or any other name, may assume and 
continue to use the name, style or description, as a cor- 
poration, by which they are known in the discipline or 
organization of the society to which they belong or by 
which they are elected, and shall by such name | bej known 
and described in all matters pertaining to their said corpo- 
ration. 

§ 3. This act shall be deemed a public act, and shall 
be in force from and after its passage. 

Approved Feb. 14, 1855. 



In foroe Fob. 15, AN ACT to tmend an act entitl«d " An act establishing county courts, and 
1865. providing for the election of justices of the peace and constables, and 

for other purposes." 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly , That in 
all counties in this state which have adopted or shall here- 
after adopf'township organization," the December, March, 
June and September terms of the county court shall com- 
mence on the first Mondays of said months respectively. 

Approved Feb. 15, 1855. 



in force Feb. 16, AN ACT to amend chapter ninety-three, Revised Statutes, entitled "Roada." 
1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That in all 
cases, when it shall become necessary to appoint commis- 

D«mage«. sioners to assess the damages caused by the laying out or 

construction of any state or county road over the lands 
belonging to any company, corporation or individual, it 
shall be the duty of the judges of the county court, when 
application shall be made to them for that purpose, to ap- 
point three householders, who shall assess the damages in 
the same manner as is provided for by the act to which 
this is an amendment. 

Aet repealed. § 2. So much of section thirty-eight of chapter nine- 

ty-three of the Revised Statutes as authorises justices of 
the peace to appoint said commissioners to assess said 
damages be and the same is hereby repealed. This act to 
take effect and be in force from and after its passage. 
Approved Feb. 1855. 



173 1856. 

AN ACT to regulate the duties and liabilities or railroad cooipamee. in force Keb. u, 

1855. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That eve- abroad corpora- 
ry railroad corporation whose line of road or any part «*. 
thereof is open for use, shall, within six months after the 
passage of this act, and every railroad company formed or 
to be formed, but whose lines are not now open for use, 
shall, within six months after the lines of such railroad or 
any part thereof are opened, erect and thereafter maintain 
fences on the sides of their road or the part thereof so open 
for use, suitable and sufficient to prevent cattle, horses, 
sheep and hogs from getting on to such railroad, except at 
the crossing of public roads and highways, and within the 
limits of towns, cities and villages, with openings, or gates, 
or bars at the farm crossings of such railroad, for the use 
of the proprietors of the lands adjoining such railroads, and 
shall also construct, where the same has not already been 
done, and hereafter maintain, at all road crossings now ex- 
isting or hereafter established, cattle guards, suitable and 
sufficient to prevent cattle, horses, sheep and hogs from 
getting on to such railroad; and so long as such fences and 
cattle guards shall not be made after the time hereinbefore 
prescribed for making the same shall have elapsed, and 
when such fences and cattle guards are not in good re- 
pair, such railroad corporation and its agents shall be lia- 
ble for all damages which shall be done by the agents or 
engines of any such corporation to any cattle, horses, sheep 
or hogs thereon; and when such fences and guards shall 
have been duly made, and shall be kept in good repair, 
such railroad corporation shall not be liable tor any such 
damages, unless negligently or wilfully done. No rail- 
road corporation shall be required to fence the sides of its 
roads, except when such fence is necessary to prevent hor- 
ses, cattle, sheep and hogs from getting on to the track of 
the railroad from the lands adjoining the same, nor shall 
they be required to construct said fences on the sides of 
their railroads where the same runs through unenclosed 
lands lying at a greater distance than five miles from any 
settlement. Nor shall the said companies be required to 
erect ana maintain said fences through lands where the 
proprietors of said lands have already erected fences or 
agreed with said companies so to do. 

5. But it shall be the duty of every owner of land ad- Ovvrot laadto 
... -i -, , « ^ .j •/• fence in i*rt*in 

joining any railroad, who has received a specinc sum as eaaw. 

compensation for fencing along the line of land taken for 

the purpose of said railroad, and has agreed to build and 

maintain a lawful fence on the line of said road, to build 

and maintain such fence; and it shall also be the duty of 

every owner of land adjoining every railroad, who has re- 



1865. 174 

ceived compensation for building and maintaining a lawful 
fence on the line of said road, by way of damages, in the 
condemnation of land taken for the purposes of said road 
under the laws of this state, to build and maintain such 
fence ; and if said owner, his heirs or assigns, shall not 
build said fence within six months after he has been noti- 
fied to do so by the said railroad corporation, or shall ne- 
glect to maintain said fences, if built, said corporations shall 
build and thereafter maintain such fence, and may main- 
tain a civil action against the peison so neglecting to build 
or maintain said fence, to recover the expense thereof; 
and such railroad corporation shall not be liable to such 
owner or owners, their heirs and assigns, for any damages 
which shall be done by the agents or engines, locomotives, 
or cars of any such corporation to any cattle, horses, sheep 
or hogs of said owner or owners, their heirs, assigns or 
lessees, coming upon said road, by reason or on account of 
ths failure of such owner or owners, their heirs or assigns, 
to construct or maintain said fences, 
peuauy. § 3. If any person shall ride, lead or drive any horse 

or other animal upon such road and within such fences and 
guards, other than at farm or road crossings, without the 
consent of the corporation, or who shall pull down, tear 
down or otherwise render insufficient to exclude stock any 
part of said fencing, he shall be liable to a penalty of not 
less than ten nor more than one hundred dollars, to be re- 
covered in action of debt before any court having juris- 
diction in such cases, in the name of the company or cor- 
poration owning such road, and for its use, and also shall 
pay all damages which shall be sustained thereby to the 
party aggrieved. 

Approved Feb. 14, 1855. 



I t i Feb. 13, 



AN ACT providing for the purchase of certain copies of the Illinois Digest. 



Section 1. Be it enacted by the people of the state of 
llinois, represented in the General Assembly, That the 
Duty of secretary secretary of state be and is hereby directed to purchase 
or state. t Yom N. L. Freeman five hundred copies of the compila- 

tion and digest of the decisions of the supreme court of 
this state, being prepared by said Freeman- for publica- 
proTteo. tion, to be called the u Illinois Digest :" Provided, such 

purchase shall not be made unless said digest shall, upon 
being examined by the justices of the supreme court of 
this state, be approved by them : Jind provided further, 
that each copy of said digest not exceed two volumes. 



175 1855. 



§ 2. The price which shall be contracted to be paid Pnoe to bo pid 
for said "digest" shall be regulated as follows: at the ,ordlge8t - 
rate of five dollars per volume, of the size of the Revised 
Statutes of 1845; the price to be diminished in propor- 
tion as the size of the volume shall be less than that of 
said Revised Statutes, and deducting from the price so 
ascertained : Provided, the quality of the paper and bind- 
ing of sa : d digest shall be equal to that of the 14th vol- 
ume of the Illinois Reports. 

§ 3. The treasurer of the state shall pay to said Free- Appropriation*. 
man, out of moneys in the treasury not otherwise appro- 
priated, for said digest, upon warrant of the auditor of 
the state issued for that purpose. 

§ 4. The auditor of state shall issue his warrant to ai 
said Freeman for the amount contracted to be paid for S! MCM ' 
said digest as aforesaid, upon the certificate of the secre- 
tary of state of the delivery of the same to him at Spring- 
field, and the certificate of said justices of the approval 
of said digest, and that the mechanical execution of the 
fame is in accordance with the requirements of this act; 
and the secretary of state shall distribute the said digest 
so to be purchased, as by law the decisions of the supreme 
court oi this state are required to be distributed. 

§ 5. The purchase aforesaid shall not be made unless Ti . are ti ! 
the said five hundred copies of said digest shall be deliv- 
ered to the secretary of state within one year from the 
passage of this act. And this act to take effect and be in 
force from and after its passage. 

Approved Feb. 13, 1855. 



AN ACT to amend chapter thirty-nine of the Rerisetl Statutes, entitled rn force Feb. 16, 

" Est ray ' ; 1S:>9 - 

Section 1. Be, it enacted by the people of the state of , 

Illinois t represented in the General Assembly, That the 
counties which have adopted or shall hereafter adopt 
township organization the town clerk of every town 
thereof shall provide a book for the purpose of regisj 
ing the mark, brands and color of any animals enumera- 
ted in chapter filty of the Revised Statutes, taken up as 
an estray.; which book shall be open at all times to inspec- 
tion : ersons interested therein, and shall be deem- 
ed a part of the records of said tc 

§ 2. Any person who shall take up any estray, accord- 
ing to the provisions of the act to which this is an amend- 



1855. 176 

inent, shall cause to be registered in the book required to 
be provided in the foregoing act, the marks, brands and 
color of said estray, within five days from the time of such 
taking up. 

§ 3. This act to take effect and be in force from and 
after its passage. 

Approved Feb. 15, 1855. 



In rot-oe Feb. 16, ^jj ACT to amend the aeveral laws »f this state in relation to swamp lands. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
board of supervisors of the county of Adams be and are 
hereby authorised and empowered to value the swamp 
lands in said county, remaining unsold, and to proceed to 
sell the same at any time hereafter, in the manner now 
provided for by law, any thing in the laws of this state, in 
relation to swamp lands, to the contrary notwithstanding. 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 

Approved Feb. 15, 1855. 



Ia fwc* Fob. 14. 



AN ACT to &in«ad an act concerning weights and measures. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That when- 
ever any of the following articles shall be contracted for, 
or sold, or delivered, and no special contract or agree- 
ment shall be made to the contrary, the weight per bushel 
shall be as follows, to wit: Shelled corn, fifty-six (56) 
pounds; corn in the ear, seventy (70) pounds; wheat, 
sixty (60) pounds; rye, fifty-six (56) pounds ; oats, thir- 
ty-two (32) pounds ; barley, forty- eight (48) pounds; Irish 
Otatoes, sixty (80) pounds; sweet potatoes, fifty-five 
v 55) pounds; white beans, sixty (60) pounds; castor 
beans, forty-six (46) pounds; clover seed, sixty (60) 
pounds; timothy seed, forty-five (45) pounds ; flax seed, 
fifty-six (56) pounds; hemp seed, forty-four (44) pounds; 
blue grass seed, fourteen (14) pounds ; buck wheat, fifty- 
two (52) pounds ; dried peaches, thirty-three (33) pounds; 
dried apples twenty-fourj(24) pounds ; onions, fifty-3even 
(57) pounds; salt, fifty (50) pounds; stone coal, eighty 



I 



177 1855. 

(80) pounds; malt, thirty-eight (38) pounds; bran, twenty 
(20) pounds; turnips, fifty-five (55) pounds; hair, (plaster- 
ing) eight (8) pounds; unslacked lime, eighty (80) pounds; 
corn meal, forty-eight (48) pounds ; fine salt, fifty-five 
pounds. 

§ 2. All laws and parts of laws inconsistent with this Actsrepeaied. 
act are hereby repealed. 

Approved Feb. "i4, 1855. 



AN ACT to locate a state road therein named. in force Pet>. 16, 

1865. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Ben- 
jamin Walton, of Livingston county, William Bull, of Liv- onmmiustoDers. 
ingston county, and Freeduss Beech, of McLean county, 
be and are hereby appointed commissioners to view, sur- 
vey and locate a state road from a point on the state road 
leading from Pleasant Hill, in McLean county, to Bur 
Oak Grove, in Vermilion county, where said state road 
crosses the range line between range five and six east of 
the third principal meridian ; thence, on said range line 
north, until it strikes the road leading from Danville to 
Ottawa, having due regard to private property. 

§ 2. The said commissioners shall meet at Avoca, in Meet^nd tau 
Livingston county, om the first Monday in May next, or as 
soon thereafter as practicable, and after being duly sworn 
by some justice of the peace, faithfully to discharge the 
duties required by this act, shall proceed to view, survey, 
mark and locate said road, between the points above 
named, on the nearest and best ground, by marking trees 
in the timber, and setting up stakes or ploughing in the 
prairie. 

§ 3. The said commissioners, as soon after the loca- Ma&e report. 
tion aforesaid as practicable, shall make a report of said 
survey, with the line of the said road distinctly laid down 
on the same, giving the distance and description of said 
road as surveyed, which said report &c, shall be filed with 
the county clerks of McLean and Livingston counties, 
whose duty it shall be to record the same. 

§ 4. The county courts of McLean and Livingston Expend to vt 
shall pay each their respective portions of the expense of p * id ' 
said review and location, and shall cause the same to be 
opened and kept in repair. 

§ 5. This act to be in force from and after its passage. 

Approved Feb. 15, 1855. 
12 



1855. 178 

la force Feb. lft, AN ACT to enable the auditor of public accounts to pay the interest o. 
1465, the school fund to White county. 

pr««mw« Whereas the collector of revenue of White county, in 

this state, for the year 1847, failed to pay a portion of 

interest due said county on the school, college and 

seminary fund, for said year ; therefore, 

Section 1. Be it enacted by the people of the state of 

Illinois^ represented in the General Assembly, That the 

A.oiitor to ipsne auditor of state is hereby authorised and required to draw 

his warrant on the state treasurer of this state in favor of 

said county for the sura of four hundred and one dollars 

and eighty-eight cents, being the amount of said interest 

remaining due and unpaid to said county; which sura shall 

be paid out of any moneys in the treasury not otherwise 

appropriated. 

§ 2. This act shall be deemed a public act, and take 
effect and be in force from and after its passage. 
Approved Feb. 15, 1855. 



in (woe Feb. Ui AN ACT defining the duties of grand juries in the county of Jo Daviess. 

1355. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That it shall 
be the duty of the grand jury of the county of Jo Daviess, 
at any regular or special term of the circuit court of said 
county, to duly inquire into and true presentments make, 
by bill or indictment, of all and every person or persons 
who shall violate the laws of this state by selling alcoholic 
drinks, without license from the proper authority so to do, 
or by keeping open houses on Sunday, or by keeping dis- 
orderly houses, whether such person or persons shall have 
violated such laws within the corporate limits of the city 
of Galena, or any other part of said county ; and any law 
conflicting with the provisions of this bill, is hereby re- 
pealed. 

This act shall take effect from and after its passage. 

Approved Feb. 12, 1855. 



179 1855. 

AN ACT authorizing an issue of state bonds or scrip to J. J. & J. Mc- in force f«-i . 14, 

Killips. 1356. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly ', That the 
governor of the state is hereby authorised, directed and Governor to ib*^ 
empowered to issue state bonds or scrip to J. J. & J. Mc- 
Kiliips, for work done on the public works, and for the 
amount allowed them by the board of auditors, as author- 
ised by an act entitled "An act creating a board of audi- 
tors to settle accounts of the contractors on the public 
works," approved Feb. 26th, 1841, placing them on an 
equal footing with the other contractors : Provided, no pwibo. 
evidence of indebtednes has been issued, or payment made 
on said claim. 

§ 2. That interest be allowed on said claim, at the rate 
of six per cent, per annum, from the time when drafts should 
have been issued for the same, according to the provi- 
sions of an act creating a board of auditors, dated Feb. 
26th, 1841, the said auditors having determined the amount 
then due said contractors. 

§ 3. This act to take effect from and after its passage. 

Approved Feb. 14, 1856. 



Interest to be al- 
lowed. 



AN ACT to amend an act entitled "Fees and Salaries, approved March tatorca Feb. 13, 
3rd, 1845, and an act amendatory tbi-relo, approved February 12th, 1849. ' ™- 

Section 1. Be it enacted by the people of the slate of 
Illinois, represented in the General*. Is sembly. That eve- 
ry witness attending in his own county upon trials in the witness teee. 
circuit court shall be entitled to receive the sum of one 
dollar for each day's attendance. For attending in a for- 
eign county, going and returning, accounting twenty miles 
for each dav's travel, per day, one dollar. Every witness, 
when attending for the purpose of having his deposition 
taken, one dollar per day : Provided, that no allowance or p «° vl * •■■ 
charge shali be made for the attendance of witnesses afore- 
said unless the witness shall make affidavit of the number 
of days he or she actually attended, and such attendance 
was at the instance of one or both of the parties, or his or 
her or their attorney, i .very constable, who is not a dep- 
uty sheriff, when summoned by the sheriff to attend the cir- 
cuit court, shall be allowed the sum of one dollar and fifty 
cents per day for each day's attendance on such court, and 
no more. 

§ 2. This act shall be in force and take effect from and 
after its passage. 

Approved Feb 13, 1855. 



1855. 180 

in force Feb. 15, AN ACT to regulate payments of interest on the public debt, and the 
l85S * purchase of state bonds. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That so 

Ad repealed. much of all laws as authorise the employment of a state 
agent in the city of New York to pay interest on the bonds 
of this state, be and the same is hereby repealed. 

ti^sutct to § 2. Hereafter all payments of interest on the pub- 

S a inteN*t? tl1 s lie debt shall be made by the state treasurer, at the 
treasury, on the warrant of the auditor, except such in- 
terest as the state has contracted to pay in New York, the 
instalments upon which shall be paid by the treasurer, in 
New York, and except the instalment upon the interest 
payable in London. And the treasurer shall make such 
arrangements as maybe necessary for the payments of the 

proviso. instalments of interest made payable in London: Provided, 

that the money applicable to the payment of ^uch interest 
shall not be withdrawn from the treasury more than thirty 
days before the time fixed for such payment. 

luuu fund and § 3. Hereafter no part of the proceeds of the sale of 
snrp us revenue g ^ e j an( j s or surplus revenue shall be paid out of the trea- 
sury, for the purchase of state indebtedness, unless the 
bonds or other indebtedness are filed ready to be canceled 
at the time the payment is made. 

interest to be ap- § 4. Hereafter all moneys applicable to the payment 

portioned. „ J. . , . ,, •" , ,* . * r ., 

of interest received into the public treasury prior to the 
15th day of June and December in each year, shall be ap- 
portioned and paid out on the first day of July and Janu- 
ary, respectively, ensuing. 

§ 5. This act to take effect and be in force from and 
after its passage. 

Approved Feb. 15, 1855. 



m force Feb. 14, AN ACT to amend an act entitled ' Fees and Salaries,' chap. 41, Revised 
,865 - Statutes. 



* 



cL.Tk. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That section 
of county thirty-seven of chapter 41, of the Revised Statutes, en- 
titled fees and salaries, be and the same is hereby repeal-] 
ed. That hereafter the clerks of the several county 
courts in this state shall not charge any fees for issuing 
writs of election, comparing election returns, issuing cer-, 
tificates of allowances made to individuals by the courts,] 
or for any other service rendered the count} 7 , but thi 
courts shall allow the respective clerks such reasonabl 



181 J.C&5. 

compensation as they may think right, as an ex-officio fee, 
not exceeding one hundred dollars per annum, exclusive 
of a per diem allowance not exceeding three dollars per 
day for their attendence in the courts in term time, during 
county or probate business. For each marriage license 
and recording certificate of marriage, one dollar. For 
each official bond, fifty cents. For each certificate and 
seal of office, thirty-five cents. For examining and ap- 
proving each inventory, sale bill, and account current filed 
by executors or administrators, fifty cents. The same 
fees shall be allowed for each guardian bond and issuing 
j letters of guardianship and recording the same as are now 
' allowed by law for administrators' bonds and issuing and 
j recording letters of administration. The same fees shall 
I be allowed for computing and extending the tax on each 
( person's personal property and for copying the same as is 
now allowed by law for like services on each tract of 
i land. 

§ 2. There shall be allowed to each county judge of F «^L of CO0Dt * 
this state for each day engaged in holding courts or pro- 
j bate courts, the sum of three dollars- 

§ 3. That so much of "An act to amend an act en- Acts repealed. 
titled 'Fees and Salaries,' in chapter 41, Revised Stat* 
utes," approved Feb. 12th, 1849, as also " An act estab- 
lishing county courts, and providing for the election of 
justices of the peace and constables, and for other pur- 
poses," approved Feb. 12, 1849, as conflict with this act 
be and the same are hereby repealed. 

§ 4. This act to take effect and be in force from 
and after its passage. 

Approved Feb. 14, 1855. 



AN ACT to amend an act entitled "An act to amend the act entitled 'Fees in force Feb.14, 
and Salaries,' chapter41, Revised Statutes," approved February 12th, 1849. 1856 ' 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That here- 
'after the clerks of the circuit courts of each county in this Feesoi jurors, &• 
state shall be allow d the following tees, viz : 

For swearing jurors, witnesses, and all other persons in 
criminal cases, the same fees shall be allowed as in civil 
cases; and in ill criminal cases, where the defendant shall 
be acquitted or otherwise legally discharged, without the 
payment of costs, the clerk shall receive from the county 
in which he is clerk ($40) forty dollars per annum, to be 
* paid quarterly. 



1855. 182 

Fee for recording For recording all deeds, mortgages, powers of attorney, 
or other instruments of writing, for every 100 words, ten 
cents. For copy of same, for every '100 words, ten cents. 
For each certificate to a deed, mortgage or other instru- 
ment recorded, twenty-five cents. 

xcts repealed. § o ^jj ] awg anc | p ar £ s f } aws that come in conflict 

with the provisions of this act, be and the same are hereby 
repealed. 

This act to take effect and be in force from and after its 
passage. 

Approved Feb. 14th, 1855. 



In force Jan. 10, ^N ACT making partial appreciations for defraying the expenses of this 
1 D0 ' general assembly. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
auditor of public accounts be and he is hereby authorised 
and required to draw warrants on the treasury for the sum 
of fifty dollars to each member of the senate and house of 
representatives, and warrants for a like sum to the speak- 
er of each house, the secretary and assistant secretaries of 
the senate, the clerk and assistant clerk of the house of 
representatives, the enrolling and engrossing clerks of 
each house, each of the door-keepers and assistant door- 
keepers, and thirty dollars to the copyists of the journals 
of each house; also, eighteen dollars to W. D Latshaw for 
the services rendered as secretary pro tern., and fifteen 
dollars to John Connelly, for services rendered as assist- 
ant sergeant- at- arms pro tern, to senate. 

§ 2. That any money now in the treasury, or which 
may be received into the treasury and not otherwise ap- 
propriated by law, shall be applied to the payment of the 
warrants aforesaid. 

§ 3. This act to be in force from and after its passage. 

Approved Jan. 16, 1855. 



In force Feb. 16, AN ACT to incorporate Masonic and Odd Fellows' Lodges, Divisions of the 
' 856# Sons of Temperance, and other benevolent societies. 

Section 1. Be it enacted by the people of the state of 

Illinois, represented in the General Assembly, That any 

organization. number of persons, not less than three, may voluntarily 



183 1856. 

associate themselves together for either of the following 
purposes : To organize Masonic and Odd Fellows lodges, 
subordinate to their several grand lodges ; and also, divi- 
sions of the Sons or Daughters of Temperance, or any 
other charitable or benevolent institutions, associations or 
orders. 

§ 2. Any such order, lodge or society that may wish Tome eerttaeftu 
to become incorporated under and by the provisions of ^eris. 0<>Bae3r 
this act, shall file in the office of the clerk of the county 
court in which said association, lodge, order or society 
shall be or is now organised and located a certificate, in 
writing, setting for'h the name of such association, the ob- 
jects of the same, the place where the meetings of such 
gqciety are held; which certificate shall be signed by the 
presiding officer of said association, the secretary and 
treasurer, and attested by the seal of the association; and 
such association, after having filed the certificate, as re- 
quired by this act, shall be deemed and held a body cor- 
porate and politic, and under the name and style stated in 
such certificate, may sue and be sued, plead and be im- 
pleaded in all courts of law and equity in this state, and 
shall have power to contract and be contracted w r ith, and 
have and use a common seal. 

§ 3. That any such association incorporated under this Ma J a J M>M *** 1 
act may take by purchase, grant, devise, gift or other- 
wise, any town lots or tracts of land, and may sell and dis- 
pose of the same, and execute a deed of conveyance, sign- 
ed by the presiding [officer] and secretary, and attested 
by the corporate seal of the association : Provided, how- 
ever, that such association shall at no time hold real estate 
exceeding in value thirty thousand dollars. 

§ 4. Any such association, when organised and incor- Estabi!eh.t>y4aw« 
porated as aforesaid, may make and establish all such rules, andsnles ' 
by-laws and regulations necessary to carry out and en- 
force the objects of such association, not inconsistent with 
the constitution and laws of this state, or of the United 
States. 

§ 5. The secretary of every such corporation shall Reconj to r>e &«p* 
keep a fair record of the proceedings thereof in a book 
provided for that purpose; and such record or copies, du- 
ly certified and attested by such secretary, with the seal 
of said corporation, may be read in evidence in any of the 
courts of law or equity of this state where the interests of 
such corporation are concerned. 

§ 6. Any such corporation may acquire and possess Ho r ^ Baraoaai 
personal property, and sell and dispose of the same : Pro- 
vided, they shall not hold or possess a greater amount and Proviso. 
value of five thousand dollars at any one time. 

§ 7. If at any time the said association shall change Notice to t>e gtr- 
! the place of holding their regular meetings, they shall give meeting! 1 *** * f 



1855. 184 

notice of the same by filing in the office of the clerk where 
the said certificate is filed, a notice, in writing, of 
the place where the place of holding their said meetings 
are to be held; and on failure to do so within five days af- 
ter changing the same, all the privileges herein granted 
shall be and they are hereby forfeited. 

§ 8. This act to be in force and take effect from ami. 
after its passage, and be deemed a public act. 

Approved Feb. 15, 1855. 



* » 



in force Feb. M, AN ACT to vacate and relocate a part of a state road therein named. 

1856. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly. That so 
state ioa<i vaca- much of the state road connecting the towns of Albion, 
in Edwards county, and ^alem, in Marion county, as lies 
between a point in said road where it crosses the line di- 
viding the east half and the west half of the southwest 
quarter of section twelve, in township two north, of range 
two east of the third principal meridian, in Marion coun- 
ty, Illinois, be and the same is hereby vacated; and said 
to be relocated, road or part thereof hereby vacated shall be relocated by 
commencing at said point in said road, where it crosses 
the said line ; and run thence north, along said line, on the 
west side thereof, to the state road leading from St. Louis^ 
Mo., to Vincennes, Indiana. 

§ 2. That this act shall take effect from and after its 
passage. 

Approved Feb. 14, 1855. 



in force Feb. U AN ACT authorizing the collection of a 6chool tax upon a part of school 
1865. district No. 2, Appauooce township, Hancock county, in 1855, for the 

year 1854. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly* That the 

ity cierk to county clerk of Hancock county be authorised and he is 

compute ta S mt. ] )ere b y re quired to compute the tax levied as a school tax 
for the year one thousand eight hundred and fifty- four, I)y 
the inhabitants of school district No. 2, in the township of 
Appanooce, in Hancock, upon the property, both real and 
personal, of said district, embraced in the following boun- 
daries, viz : sections No. (13) thirteen, (12) twelve, (24) 



Ooun 



185 1855. 

twenty-four, the southeast quarter of section No. (11) 
eleven, the east half of section No. ( 14) fourteen, the 
east half of section No. (23) twenty-three, omitted to be 
collected for the year eighteen hundred and fifty-four; 
and that the same be assessed and placed on the collec- 
tor's tax books of the year one thousand eight hundred 
and fifty-five; and by the said collector collected and paid 
over as provided for by law for the collection and dis- 
bursements of school taxes for like purposes. 

§ 2. This act to take effect and be in force from 
and after its passage. 

Approved Feb. 14, 1855. 



AN ACT to establish a certain state road therein named. In force Feb. 3, 

1866. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That so 
much of the Northern Cross Railroad as lies between part of Northern 
Wood street, in the city of Quincy, in the county of cia^ed^iX 
Adams, and the south line of the southeast quarter of road - 
section twenty-one, in township one south, and range 
eight west, in said county, be and the same is hereby de- 
clared a state road, and shall be opened, kept open and 
worked as such. 

§ 2. It shall be the especial duty of the road over- Duty of overseers 
seers, who have jurisdiction and control of roads in the 
road districts through which the road mentioned in the 
first section of this act passes, to see that this act is strict- 
ly enforced. 

§ 3. If any owner or owners of lands over which Damages. 
the road established in this act passes, has or have been 
paid damages for the location of said road, either for rail- 
road or state road purposes, no further damage shall be 
assessed or allowed to them. 

§ 4. This act shall take effect and be in force from 
and after its passage. 

Approved Feb. 3, 1855. 



1855. 186 

"n force Feb. is, AN ACT reclaim persons who have been decoyed or kidnapped and 
, 1855, taken away beyond the boundaries of this state. 

Section 1. Be it enacted by the people of the state of 

Illinois, represented in the General Assembly, That when- 

Gov^rnof anthor- ever the governor of this state shall receive information 

wed to appoint .. ~ .. . • i •»•* ii ■ • 1 

agents. satisfactory to him, that any inhabitant ol this state has 

been decoyed, kidnapped, or transported away from this 
state into any other state or territory of the United States, 
for the purpose of restraining such person in his or her 
liberty, or reducing such person to slavery, or any other 
unlawful purpose, or that such person is wrongfully seiz- 
ed, imprisoned or held in slavery in any of the states or 
territories of the United States, on the allegation or pre- 
tence that such persen is a slave, or by color of any usage 
or rule of law prevailing in said state or territory is 
deemed or taken to be a slave, or not entitled of right to 
the personal liberty of an inhabitant of this state, it shall 
be the duty of said governor to take such measures as he 
shall deem necessary to procure such person to be re- 
stored to his or her liberty, and returned to this state. The 
governor is hereby authorised to appoint such agent or 
agents as he shall deem necessary to effect the restoration 
and return of such person, and shall furnish said agent 
with such credentials and instructions as will be likely to 
accomplish the object of his appointment. The governor 
may determine the compensation to be allowed such agent 
for his services and necessary expenses. 
D«ty of agents. § 2. Such agent shall proceed to collect the proper 
proof to establish the right of such person to his or her 
freedom, and shall perform such journeys, take such 
measures, institute and procure to be prosecuted such le- 
gal proceedings under the direction of the governor, as 
shall be necessary to procure such person to be restored 
to his or her liberty and returned to this state. 
Expanses how § 3. The accounts for all services and expenses in- 
paid, curred in carrying this act into effect shall be audited by 
the auditor of public accounts, and paid by the treasure*, 
on his warrant, out of any moneys in the treasury of this 
state not otherwise appropriated. The treasurer may 
advance, on the warrant of the auditor, to such agent such 
sum or sums as the governor shall certify to be reasonable 
to enable him to accomplish the purposes of his appoint 
ment, for which advance such agent shall account on the 
first audit of his account. 

§ 4. This act shall take effect and be in force from and 
after its passage. 

Approved Feb. 15, 1855. 



187 1855. 

AN ACT to amend an act entitled " An act to appoint commissioners to ln force Feb. 9, 
build a court and library room at Mount Vernon, for the use of the su- 1856, 

preine court,'-" approved February 28th, 1854. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
sum of ten thousand dollars be and the same is hereby ap- Appropriations 

. j c . ,* . c , J r tor completfog 

propnated, out ot any moneys in the treasury, tor the com- tnebuuding. 
pletion of the building for the use of the supreme court at 
Mount Vernon, and enclosing the same; which said sum 
shall be paid upon the order of a majority of the commis- 
sioners named in said act. 

§ 2. Said 2ommissioners shall proceed to have the said 
building completed, enclosed and furnished in a suitable 
and substantial manner : Provided, the same shall not ex- 
ceed the said sum of ten thousand dollars. 

Approved Feb. 9, 1855. 



AN ACT to establish a state road from Vienna, in Johnson county, to Car- in force p«d. 16, 
bondale, in Jackson county. 1856. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That John 
Dunn, of Jackson county, Abraham North, of Williamson 
county, and James McCoy, of Johnson county, be and they Oommiigioww. 
are hereby appointed commissioners to lay out and estab- 
lish a state road, which shall commence at Vienna, in John- 
son county, and run to Felt's & Campbell's mills, in Wil- 
liamson county, and thence to Carbondale, in Jackson 
county. 

§ 2. It shall be the duty of said commissioners to meet Meet and tat* 
at Felt's & Campbell's mills, in the county of Williamson, °* tb * 
on the first day of March next after the passage of this act, 
or as soon thereafter as they may find it convenient, and 
after having been sworn by some acting justice of the peace 
of said county, to view, mark and locate a road, as above 
designated, having due regard to private property. 

§ 3. When said commissioners shall have laid out and Tomakepia*. 
established the said road as aforesaid, they shall make out 
and deliver to the clerks of the counties through which 
said road passes a copy or plats of said road ; which plat, 
when so recorded by said clerk, shall be entered of rec- 
ord in their several offices; and the said entries, when so 
made, shall be evidence in all courts of this state of the 
existence of said road. 

§ 4. The county courts of the several counties through Oompenaaaon. 
which said road passes shall allow to the said commission- 



1865. 188 

ers and to the said clerks a reasonable compensation for 
their services, rendered as aforesaid, in proportion to the 
amount of labor -performed in each county. 

§ 5. This act shall be in force and take effect from and 
after its passage. 

Approved Feb. 15, 1855. 



lQ fa TfiSfi Fet) ' 9 ' ^ A ^ ' n re!at ' on to tne compilation and distribution of the general 
laws of the state of Illinois, relative to township organization. 

Section 1. Be it enacted by the people of the state of 

Illinois, represented in the General Assembly, That upon 

copies to be ae- delivery to the secretary of state of a number of copies 

livered to secre- a? . J . . J .... • V 

tary or state, sufficient to supply each township in the state in the coun- 
ties adopting township organization with ten copies for 
each township, of a work entitled a compilation of all the 
general laws of the state of Illinois relative to township 
organization, to which are added numerous practical forms 
and notes, with references to decisions of the older states 
on questions upon like statutes, with a copious index, by 
Elijah M. Haines, counsellor at law, the said secretary of 
state shall give to the said Elijah M. Haines, the compiler 
of said work, or to his order, a certificate of the delivery 
thereof, stating therein the number of copies so delivered; 
the number required, as contemplated by this act, to be 
ascertained from the records of the office of the auditor 
of public accounts. 
Duty of auditor. § 2. That on presentation of the said certificate to the 
auditor of public accounts, he shall draw his warrant on 
the treasurer for such sum as the number of copies so 
delivered as aforesaid shall amount to, at the price for 
which the same shall be sold to individuals, provided the 
same shall not exceed twenty-five cents per copy. 
seoretary of state § 3. The secretary of state shall distribute the said 
books. dlstrltmte books among the several counties adopting township or- 
ganization, allowing to each county a sufficient number to 
afford ten copies to each township therein, which shall be 
transmitted by the secretary of state to the several coun- 
ty clerks of said counties, to be distributed among the 
several town officers as the board of supervisors shall 
order., 

§ 4. This act to take effect and be in force from ard 
after its passage. 

Approved Feb. 9, 1855. 



189 1865. 

AN ACT to legalize the assessment of taxeg in the county of Hancock, in force Feb. 14, 
for the year 1853. 1865 - 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
state and county taxes levied and assessed on the lands Assessment ie- 
and personal property in the county of Hancock, in the 
state of Illinois, for the year 1853, made either by the 
county treasurer and assessor and his deputies, or asses- 
sors of towns under township organization, be and the 
same is hereby legalized. 

§ 2. That the county collector of said county shall Duty of collector. 
proceed to collect the same in like manner as other taxes 
are collected by him. 

§ 3, That all the acts of said several assessors and ^glueed?** 80 ' 
collectors in relation to said taxes be and the same are 
hereby legalized. 

§ 4. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 14, 1855. 



AN ACT to provide for the incorporation of cemetery sssociations by in force Feb. 14, 

general law. 1856, 

Section 1. Beit enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That when 
five or more persons shall associate themselves together Formation of 

_ * # o cemetery ftsso™ 

for the purpose of forming a cemetery association in any in- ciations. 
corporated city, or town, or any township, precinct, village 
or neighborhood in this state, such persons shall have the 
power to adopt a corporate name, and by that name shall 
be known as a body corporate, and by that n ime shall 
have perpetual succession, and be invested witli all pow- 
ers, rights, privileges, liabilities and immunities incident 
to corporations. Said persons, so associated, shall have 
power to acquire, by gift, grant or purchase, any lot or lots 
of land, not exceeding fifty acres, and lay out the same for 
a burial place for the dead, with convenient aisles, and to 
sell the same for such purpose and for no other purposes, 
reserving a sufficient portion thereof for the burial of the 
stranger and indigent persons. Said persons, so associa- 
ted, may have a common seal, and may alter or change 
the same at their pleasure. Said association shall have 
power to enclose and ornament said burial ground, to build 
and erect a hearse house, and keep the same in proper re- 
pair; to purchase a hearse or hearses, and do all other ne- 
cessary acts, to the end that all the appliances, convenien- 



1855. 



190 



Officers how cho- 
sen. 



Election. 



Land to be sur- 
veyed. 



Establish by-laws 
and rales. 



Proceeds of sale. 



Kxenrpt 

taxation. 



ces, benefit of a public and private cemetery may be de- 
sired or obtained. 

§ 2. The officers of said corporation shall be a presi- 
dent, a treasurer, who shall act as secretary, and three 
directors, which said officers shall be chosen annually, by 
ballot, and shall hold their office until their successors are 
chosen. Any neglect to choose their officers on the day 
fixed upon for that pus pose shall not operate as a forfeit- 
ure of their act of incorporation, in accordance with pro- 
visions of this act. 

§ 3. The first election of officers by the persons asso- 
ciating according to and for the purpose specified in the 
first section of this act, shall be at the time and place de- 
signated and agreed upon by a majority of the persons so 
associating themselves ogether; and no other than such 
persons shall vote at said election. 

§ 4. At each subsequent election of officers of said in- 
corporation, the owner or owners of a lot or lots in s?id 
burial grounds shall be entitled to one vote in the election 
of officers of said corporation, and no more; and shall, by 
virtue of such membership, be a member o; said corpora- 
tion. 

§ 5. The persons associating together in accordance 
with the provisions of this act, shall cause the land design- 
ed as a burying ground to be surveyed and platted ; and 
a plat of said ground, so surveyed, shall be recorded in 
the recorder's office in the county where such land is sit- 
uated; each lot shall be duly numbered by said surveyor, 
and such number shall be marked on said plat and record- 
ed as aforesaid. 

§ 6. The said corporation shall have power to estab- 
lish and change by-laws, and prescribe rules and regula- 
tions for its government, and the duties of its officers and 
the management of its property. 

§ 7. The proceeds arising from the sale of lots in the 
foregoing sections of this act provided for, after deducting 
all expense? of purchasing and laying out lots, shall be ap- 
plied, appropriated and used in improving and ornament- 
ing the burial ground, or for other pumoses named in this 
act. 

§ 8. The property of the corporation, its ground, lots 
and appliances, shall be exempt from taxation, and shall 
not be liable to sale on execution. 

§ 9. This act is hereby declared a public act, and shall 
take effect from and after its passage. 

Approved February 14, 1855. 



191 1855. 

AN ACT for the relief of Cber Denning. In force Feb. u, 

1856. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
governor be and he is hereby authorised and required to Governor to ibm* 

_ •*• ccrt'ficiitfl 

issue to Eber Denning, of Iroquois county, in this state, a 
certificate of indebtedness for the sum of two hundred 
dollars, bearing interest at the rate of six per cent, per 
annum from the first day of March, one thousand eight 
hundred and forty, until paid; the same to be in lieu of 
two canal scrips of that date of one hundred dollars each, 
with interest thereon from that date, which have become 
mutilated and nearly destroyed. Said certificate issued by 
virtue hereof shall be payable in the same manner, and 
at the same time, and from the same fund that the said 
two original scrips should have been paid, and shall be 
countersigned by the auditor of public accounts. 

§ 2. Said two mutilated canal scrip shall be deposited sw-iptobedepos. 
with the auditor of public accounts, together with the af- tor!" ™ tb mM ' 
fidavits of Eber Denning and Margaret Denning, accom- 
panying the same, and marked by him canceled. 

This act shall take effect from and after its passage. 

Approved Feb. 14, 1855. 



AN ACT changing the time for holding the county court of the county of In force Feb. 14, 

Adams. 1855. 

Section 1. Be it oracled by the people of the state of 
Illinois, represented in the General Assembly, That the 
county court of the county of Adams shall hereafter com- 
mence its terms on the first Monday of each and every 
month, and continue each of said terms for the space of 
three weeks, and as much longer as may be necessary to 
dispose of the business before it. 

§ 2. This act shall be a public act and take effect from 
and after its passage. 

Approved Feb. 14, 1855. 



AN ACT to vacate a certain street and to open an alley in the town of m force Feb. M, 
Wayne. ville, De Wilt county, 1855. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That so 
much of South street, in Post's addition to the town of stNSi seated. 



1855. 192 

Waynesville, De Witt county, running from Main street 
east, the length of lot number eight (8,) in block number 
twenty- eight (28,) in said addition, be and the same is 
hereby declared vacated. 
Aiiey to t>e open- § 2. Be it also enacted, That an alley shall be opened, 
sixteen feet wide, running south forty-nine feet from South 
street, between school lot and the lot belonging to the 
Presbyterian church, to intersect the county road running 
from Waynesville to Springfield. 

§ 3. This act shall be deemed to be in force from and 
after its passage. 

Approved Feb. 14, 1855. 



in force Feb. is, AN ACT to apportion the interest on the sehool fund to new counties. 
1855. 

Section 1, Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That when- 
ever a new county is established, it shall be the duty of 
the commissioners of the school fund to divide the amount 
of interest, the school, college and seminary fund, due 
to the counties, out of which such new county was form- 
ed, according to the last census, between the new county 
and the counties from which it was formed, in proportion 
to the highest number of votes given in such counties at 
the first election after the formation of such new county 
for members of the legislature or any county officer. 

§ 2. When a basis shall have been fixed as provided 
in the preceding section, it shall so remain until the taking 
of the next census. 

Approved Feb. 15, 1855. 



in force Feb. 15, AN ACT to amend an act entitled " An act to locate a state road »o the 
1855 - counties of Tazewell and Logan," approved February 12, 1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented, in the General Assembly, That so 

Act repealed. much of section 2d of said act as appoints John Smith, of 
Pekin, as surveyor, for purposes therein named, be andthe 
same is hereby repealed; and that Thomas King, jr., be 
and be is hereby appointed in lieu of said John Smith, as 
such surveyor. 

Acts of ™mmi£- § 2. Be it further enacted, That all the acts of the com- 
missioners in said act named, heretofore had and done in 



193 1855. 

locating and establishing said road, and making, certifying 
and fi'ing the report of their proceedings therein in the 
counties of Tazewell and Logan, as in said act required to 
be done; and also, all the acts of said Thomas King, jr., as 
surveyor in the location and establishment of said road, be 
and the same are hereby legalized as fully and in every 
respect as though he had been named in the act to which 
this is an amendment. 

§ 3. Be it further enacted. That the commissioners, or commission^ 

' l c ii i • . i /» . n authoriped t* 

a majority ot them, named in the first section of tne act to e»t»Miah ™a 
which this is an amendment, be and they are hereby au- thereia nMM * 
thorised and empowered to lay out, establish and contin- 
ue said road from the town of Postville, in Logan county, 
on the most direct and eligible route, to the town of Lin- 
coln, in said county. 

§ 4. Said commissioners, or a majority of them, shall c m m e t f£', onare1 * 
meet at Postville, on or before the first day of July next, or 
as soon thereafter as they shall deem practicable, and shall 
proceed in all respects to lay out, designate, establish and 
continue said road, as required by the provisions of the 
act to which this is an amendment. And they shall re- compengatiw*. 
ceive the same compensation, which shall be appropriated 
and paid in the same manner as as required by the act to 
which this is an amendment. 

§ 5. Said road, when so located, shall be and the same Declared » puwn 
is hereby declared a state road, and shall be opened four 
rods wide, and kept in repair as other state roads. 

§ 6. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 12, 1855. 



AN ACT to amend chapter fifty five of the Revised Statutes, entitled Jails In force Feb. il, 

aud Jaiiuis. l866 - 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That it 
shall be lawful for the sheriff of any county in this state, Duty of «n«ri* 
where there shall happen to be no jail or where the jail 7*mwL. U ** 
of such county shall be insufficient, to commit any person 
or persons in his custody, either on civil or criminal process, 
to the nearest sufficient jail of some other county; and it 
is hereby made the duty of the sheriff or keeper of the 
jail of said county to receive such person or persons so 
committed as aforesaid, and him, her or them, safely keep, 
subject to the order or orders of the circuit judge of the 
13 



1855. 194 

circuit from which such process or order of commitment 
was issued, or till otherwise discharged by a due process 
of law. 
4*trepeaied. § 2. So much of section twelve of the chapter to 

which this is an amendment as is in conflict with this act 
is lit retry repealed. 

§ A. Tins act shall take effect and be in force from 
and after its passage. 

Approved Feb. Id, 1855. 



■*r force Feb. 9, AN ACT to extend the jurisdiction 01 the county court of Peoria county. 
1355. 

Section 1. Be it enacted hy the people of the stat? of 
Illinois, represented in the General Jissfmbfy, That thd 
fl<mnty courts to jurisdiction of the county court of Peoria county is hereby 
juriB^uon"* 1 * so extended that said court shall have concurrent jurisdic- 
wiih , the circuit f um w j tn tne c i icu ',t courts in this state of all matters, suits 
and proceedings at common law, or by statute, in civil ca- 
ses, (except actions iu ejectment) within said county, and 
shall tiave concurrent jurisdiction of all misdemeanors pun- 
ishable by fine only, not exceeding one hundred dollars, 
commenced otherwise than by indictment, 
xanner of pro- § 2. The process of said court shall be issued and ex- 
ecuted in the same manner as now provided by Jaw, and 
s v aid court shall have power to prescribe and make all ne- 
cessary rules, regulations, practice and proceedings in said 
judgments to court not herein otherwise provided for; and all orders, 
waesute. up(m judgments and decrees of said court shall have the same 
lit n, force and effect upon the real and pergonal estate, and 
shall be enforced and collected in the same manner as or- 
ders, judgments or decrees rendered or made in circuit 
courts of this state. 
writs of error § 3. Appeals and writs of error may be prosecuted 
™n?ci 1 rrom tt.Ti from all final orders, judgments and decrees of said court 
•mere to the su- t0 tj je supreme court, in the same manner that appeals and 

•reme court. ' ' . . l r , 

writs of error are prosecuted from tue circuit courts oi 
this state. 
Appeal from po- R 4. All appeals from the decisions of police magis- 

Uce magistrates 3 > • I- c .1 1 J 1 • •! 

to county court, trates and justices of the peace made or rendered in said 

county shall be taken to said county court. 

Qonrt always to § 5. Said court shall always remain open for the trar*- 

wmunopMi sac tj on f business within the jurisdiction whereof it it 

hereby invested, and all such other business as said court 

is by law authorised to transact. 

»•«• of jurors and § 6. The clerk, jurors, sheriff and other office 3 of sard 

other officers. court s hall receive the sveral fees and compensation that now 



195 1856. 

or hereafter may be allowed for similar services in the 
circuit courts ol this stale, t<> be received, collected cuid 
paid in like manner as such tees now or hereafter sliall be. 

§ 7. Said court shall have power to prescribe rules General power* 

l . ■ i' i , i • j and rules ef lb* 

and regulations tor the selecaon, summoning and <.mpan- 0oUrt . 
neling jurors for the trial oi ali cases provided for in tiiis 
act. 

§ 8. Any person or party to any suit or proceeding in Persona m«yap- 

• i .. ii- r .. ii • 'j. ply tor cbang* 

said court may apply tor a change ol venue to the circuit of venue to to* 
court of said county, on filing a petition, supported by affi- ctremteourt. 
davit, that ttie county judge is prejudiced against him or 
them; and the provisions of this section shall apply as weil To apply to cor- 

... r . • .i . . , i poratlons. 

to corporations, civil or municipal, as to persons; and up- 
on such firing the said judge shall grant a change of venue 
to the circuit court of said county; and said cause shall 
thereupon be set down f >r trial in said circuit court the 
s une as if originally commenced therein. 

§ 9. The clerk ol said c unity court shall tax and col- The clerk tot*i 

i j. i i i l- f i 1 1 i f ,-i • i • , ani1 cnllecfc a 

lect a docket tee or one dollar ana hlty cents in each suit uocketiee. 
or proceeding heard and determined in said court, under 
the authority of this act, and when collected, shall be paid 
over to the judge thereof, as an additional compensation 
to that now provided by law. 
Approved Feb. 9, i»o5. 



AN ACT to aroprul Hie charter of the city of p; oria, and to establish and in force Feb. 15, 
regulate a sys.eui o! public schools in said city. 1855 * 

Section 1. Me it enacted hy the people of the state of 
Illinois, represented in the General Jlssemhhfa 1 hat there 
shall be elected biennially, irt the city of Peoria, by the Board of sche*r 
qualified electors if said city, seven inspectors of schools, Netted!' 8 *° ** 
to be denominated "The Board of School Inspectors," 
and the persons so elected shall be residents of said city, 
an ! shal hold their office for the term of two years, and 
until heir successors shall be elected and qualified. The when elected. 
first dection for such school inspectors stall be holden on 
the I rst Monday in April, A. D. 1*55, and on the first 
Monday of April every two years thereafter. The meet- 
ings for such elections shall be notified and called, and the 
poll book opened and kept, the votes canvassed pnd returns 
mad?, in the same manner as the meetings for the election 
of mayor and aldermen. The seven persons having the 
highest number of votes shall be declared elected, and the 
city clerk, immediately upon the result of the election 
being made known by the proper returns, shall notify the 
several persons so elected, of their election. 



1855. 196 

•on rai duty of § 2. The board of school inspectors shall, within two 

thr school In- » «, i ■ . • i ».i • • » -i 

apector*. days alter the election, meet at some place will. in said city. 

The time and place of meeting may be notified, in writing, 

siect & president by any two of the persons so elected. When convened, 
the board shall organise by electing one of their number 
president, and appointing, by ballot, some competent per- 
son to be the secretary of the board, who may or may not 
be a member of the board, as the board shall determine. 
The board shall also a} point a treasurer, shall adopt some 
rule or regulation fixing the mode of calling futuie meet- 
ings uf the board Tlu secretary shall keep a record of 
tiie proceedings of the board in a book, to be provided for 
that purpose, and shall do and perform such other duties 
in relation to the schools and education in said city as 
shall be required of him by the rules and regulations to be 

Term of office, made and established by the board. The secretary and 
treasurer shall hold their offices for the term of two years, 
and until their successors shall respectively be appointed 
and qualified. The secretary and treasurer shall be sub- 
ject to removal, lor good cause, by a majority of all the 
members of the board; and in each of such removals the 
board shall appoint a competent person to fill the vacancy. 

to execute bona, The treasurer shall give bond, with good and sufficient se- 
curities, to the city of Peoria, such bond to be approved 
by the board of inspectors, in such sums as the board shall 
determine, but to be, as nearly as can be ascertained, in 
double the amount of all moneys that will, at anyone time, 
come into his hands, and conditioned for the performances 
of his duties as such treasurer, and especial'y faithfully to 
keep, and from time to time pay over, all moneys that he 
shall receive as such treasurer as he shall be directed by 
the board, or required by law; and for any breach of any 
of the conditions of said bond, a suit shall be prosecuted 
for such breach or breaches, against the said treasurer, in 
the name of the city, under the direction and supervision 

Money to be paid of the board; and when any money shall be wanted there- 
used' a ' J "Mij it shall be paid over as the board shall direct, to be 
■ ! and appropriated as other money in the treasury: but 
if the default was for the nonpayment or on account of the 
principal of the township school fund, it shall again be- 
come part of the principal of said fund. The treasurer 

Treasurer to keep shall keep a true and accurate account of all moneys re- 

an account of., 1 ,., j i l • r i i 

moneys received ceived and paid out by him, lor what purpose, and upon 
To pay out mo- w hat and whose account; but he shall pay out no money 

neys upon the ■ \ . , , ' •> .. ./. 

order of tue except uj)on tiie older ot the board. Jb or all money paid 
out he shall take and file, with the papeis of his office, pro- 
per vouchers; he shall settle his accounts with the board 
at least once in each year, and oftener if the board shall 

T au«h les Uow so rec l u i re - If anv vacancy shall occur in the board of in- 
spectors between the times of the biennial elections, by 



197 1855. 

death, resignation, or removal from the limits of the city, 
the remaining members shall fill the vacancy by appoint- 
ments, and the person so appointed shall hold the office 
until the next biennial election, and until his successor 
shall be elected and qualified; and he shall have all the 
powers, and be required to perform all the duties as if he 
had been elected to said office at a regular election. 

§ 3. The treasurer and secretary shall be sworn to Totakeoatn. 
the faithful performance of their duties. 

6 4. The bo: rU of inspectors shall have power, Powers of tn« 

' „, . . r i -i !• • l i c bosrd of »D- 

lst. lo erect, hire or purchase buildings suitable lor spectors. 
school houses, and keep the same in repair. 

2d. To buy or lease sites for school houses, with the 
necessary grounds. 

3d. To furnish schools with what they shall deem ne- 
cessary fixtures, furniture and apparatus. 

4th. To establish, support and maintain public schools 
for all the children of the city, and shall annually cause to 
be submitted to the voters of the city the question of tax- 
ation for school purposes, in the manner hereinafter pro- 
vided. 

5th. To fix the compensation of teachers, and estab- To fix compensa- 

.... . , * [. t tionof teaclnew. 

lish rules respecting tneir qualifications, and how the same 
shall be determined. 

6th. To prescribe school books to be used and the 
studies to be taught in the different schools. 

7th. To lay off and divide the city into school districts, city to be dm- 
and from time to time alter the same, or create new ones, 
as circumstances maj require. 

8tU. To establish schools of different grades, and such 
rules and regulations fur the admission of pupils into the 
game, having regard to the ages and qualifications of such 
pupils. 

bih. To appoint a board of three persons, in each school to appoint dt»- 
district, to be denominated the district directors, and pre- 
scribe, by established rules and regulations, the powers 
and duties of such directors. 

10th. To appoint such other officers, committees or 
agents as they shall deem best and most conducive to the 
well being of the schools and of school education in said 
city. 

11th. And generally to have and possess all the rights. to posse** power* 

i i . * ° necessary »• 

powers ana authority necessary tor the proper manage- carry into «aal 
merit of the- schools, and the funds belonging to city for 
I school purposes, with power to make all such rules, or- 
|ders and ordinances as may be necessary to carry their 
•.powers and duties into effect, and perfect a good system 
J of public instruction and .schools in said city. 

fi 5. It shall be the duty of the board of inspectors to inspectors *• 
jmake annual reports, in the monh of November, setting reports. 



1855. 198 

forth therein the number of public schools in tie city, the 
number of scholars in each school, the several branches of 
e d u > alien pursued in each, the expenditures for each 
school, the compensation paid to teachers, the condition of 
the school houses, fiom wha source any funds have been 
received fer school purposes, and what the condition of 
such funds, what are the accommodations furnished lor the 
pupils, and mafcii g any other statements and suggestions 
what they shall deem proper to aid die cause of public 

««port to be schools and of education in the city. Said report shall be 
«ouucii.° Cll> made to the city council, and the board shall also cause 
the said report, or such parts thereof as they shall judge 
best, to be publishe . in some one or more newspapers pub- 
lished in s- aid city. 

Treasurer tore- § 6. The treasurer appointed by the board shall, un- 
live money*. ^ ei the t ]ireetion ol the board, demand and receive ot the 
officer or officers having custody thereof, any interest or 
other money, from anyschool hind of the township orstate, 
to which the city, the schools or the teachers would be en- 
titled if this act had not been passed; and the money so 
received from such funds shall go into the treasury of the 
board of inspectors, and be used and expended under the 
order and direction oi the board, tor the support of schools 
and for school purposes, in the same manner as other funds 
that shall come into the treasury by taxation or otherwise. 

» c compensation § 7. No member of the board of inspectors, nor the 
secretary, shall receive any compensation for his attend-, 
ance of the meetings of the board, nor for the performance* 
of their ordinary duties; but for extraordinary services rea-J 
sonable compensator! may be allowed. The treasurer 
shall receive such compensation for receiving and disbuis- 
ing money as !he board of inspectors shall prescribe. 

Amonnt of mo- § 8. In the month of November in eaci year, and at 
2fined. bl> deter " l ea ^t three weeks before the annual election of mayor ana 
aldermen, the board of inspectors shall determine the 
amount of money, which in their opinion, will be neces- 
sary for the support of the public schools of the city the 
ensuing year, besides what will be received from any 
school funds, or from any source other than taxation; and 

to publish state- they shall publish in some one or more newspapers 1 ub- 

ment in news- i- , i • ., •, u • r A * , ,, ' ' ' 

paper. lished in the city, a brier statement of the amount ex- 

pended for school purposes the preceding year, and the 
amount, which in their opinion, will be required to be 
raised by taxation for the support of the puulic schools 
the ensuing year, and also give notice in the same publi- 
cation that at the next election for mayor and aldermen, j 
the voters of the city will vote for or against levying a 
tax for the support of schools, and for school puiposeSJ 
To vote tor or and at such next election the voters shall vote for or 

asalnst scbool . i < . i • . .• •, i. 

tax. against a school tax, by having the appropriate words 



199 1855. 

written or ;■■ !..•',,.". upon the ballots for city officers ; and if 
it shall appear tfiit a majority of all the voters voting on 
the question *re in favor of sucii tax, then the amuunt so 
reported by tl) hoard of inspectors shall he assessed and 
Collected in the same manner as the city taxes; and when 
collected shall he paid over by the collector to the treasu- 
rer of the board; but no greater amount than that fixed 
and reported by the h >ard shall be assessed and collected. 

§ 9. No school In said city, or the teacher or pupils school not to ™ 
thereof, shall receive any part of any school fund belong- S° neJ t 
ing to the state or township, or any money raised by tax- 6taLe# 
ation, that is not a public school, as provided for by this 
act, and established and maintained under the authority 
and direction of the board of inspectors. 

§ 10. No teacher of any public school snoll receive Teacher 
any pay or compensation for his services in teaching any 

f)ubiic school, who shall not have received a certificate of 
lis qualifications from the board of inspectors, or from 
such othtr per ons as the board shall authorise and em- 
power to examine teachers and give certificates of quali- 
fications. 

§ 11. The several teachers of said public schools shall Teaser* to *m* 
keep schedules of the pupils attending the schools, and 
of their attendance. &c , as is now required, or may here- 
after be icquired of teachers of schools by law ; and the 
said board of inspectors shall make return and report to 
the state superintendent of public schools, on all such 
matters and things as is or shall be required by law and 
the direction of such superintendent of any county or 
township officers ; and shall make such other report as 
township officers are, or may be required to make by 
virtue of any law of this state. 

§ 12. Any act of the general assembly now in force, Not to repeal « 
or hereafter to be enacted for creating and establishing a alter * 
state system of public schools, shall not be construed in 
any manner to repeal, alter or change any of the provi- 
sions of this act, unless such act shall specifically provide 
for such repeal, alteration or change. 

§ 13. The board of inspectors may establish a school schools tor ti» 
ot schools for the people of color in said city, on such a people of col<MU 
basis, and under such rules, regulations and restrictions 
as they shall deem just and proper relative to the amount 
of taxes paid by the colored population. 

§14. This act is declared to be a public law, and 
shall take effect and be in force from and after its pas- 
sage. 

Approved Feb. 14, 1S55. 



1855. 



200 



* f ° r i866 eb * 1S * AN ACT to amenrt RD * ct entit,e d "Fee? 8m! Salaries » apr-rovd March 
3d, 1845, and an act ameudalory Iheieto, approved Febmary 12th, 1849. 



Witness fees. 



Reposition. 



P»OVl80. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That every 
witness attending in his own county upon trials in the cir- 
cuit court shall be entitled to receive the sum of one dol- 
lar for each day's attendance. For attending in a foreign 
county, going and returning;, accounting twenty miles for 
each d^iy's travel per day, one dollar. Every witness 
when attending for the purpose of having his deposition 
taken, one dollar per day : Provided, that no allowance 
or charge shall be made for the attendance of witnesses 
aforesaid, unless the witness shall make affidavit of the 
number of days he or she actually attended, and such at- 
tendance was at the instance of one or both of the parties, 
f««s of consumes or his or her or their attorney. Every constable who is 
not a deputy sheriff when summoned by the sheriff to at- 
tend the circuit court, shall be allowed the sum of one 
dollar and fifty cents per day for each day's attendance 
on such court, and no more. 

§ 2. This act shall be in force and lake effect from and 
after its passage. 

Approved, Feb. 15th, 1855. 



INDEX. 



INDEX. 



A. 



Ad8ms county couit. See County Courts, 191 
Adams, Arbela, and Jeff r>on LVw, acli 

legalised, - 1?.? 

Agiicul'nial s- cietie«, formation of, • 13 1 

money appropriated lor, - 131 

Iioa expended, - - lol 

Agriculli.tal and hoi ficulturnl societies, 

how loi rned, - - 133 

notice ot me. t hi lo b« i.'iv> n, - 133 
choose a pre. -id en I ad vied offi- 
cers, - - - 13 
proceeding* to be recorded, - 13 1 
P'uvei t'> nuke alteration*, - 135 
capital -tuck, - - I3n 
election, - - 135 
stock regarded as personal pro- 
petty, - - 135 
dividend rf p'ofi's to ne mad<>, - 135 
power to dissolve association, - J3 
Agnew, Francis- See Roads, - 15:! 
Agencies o! insurance companies, to 
regulate, not incorpoiattd by 
tms state, - - 4*1 
agents to file certificate with au- 
di or, - - 4h' 
pioce >s of sei vce, - - 4(i 
uiiliwfnl to transact business 

Wrtliou' c^rtifi ate, - 47 

ageM- to file stalem nt with coun- 
ty c!e k, - - 4? 
staled ent \o he lenewed annually, 47 
agents to le an possession of 

fund-), - - 47 

certified copies la be received as 
ev fi'-nce, - - 4 s . 

Anderson, J antes. See Ho. ds, - 91 

Appropriations — 

executive department, - 100 

Secretaiy ol sta e's office, - 100 

'• t' r deficiency tor the year 
1853, - - 100 

A. St...ne, - - 100 

auditor's office, - - 100 

tr> asurei' office, - - HO 

executive's pi lvate secTe'rry, - IWj 
I K. I)i le., - - 10(1 

Mes-r- Lanph er &. Walker, - KM 
W. B. Fomh-y, - - 10 

pages H. R. aid Scua:r, . 10J 



ApptopriaMcn? — 

J.C. Lamb, - - 101 

J, A. Hough, - - '01 

A. Gidl.y, - - 101 

c ngvtiMi oj Springfield, - 101 

iomi committee to visit peni'en- 
* tia y, - - 101 

postage account, - - 101 

publi hers o( Repi'-terarid Journal, 101 
ah tracts Und offices, - 101 

J. din Hu'chinsi n, - - 102 

quartermaster general, - 102 

in-ai e a-ylum, - - 102 

blind !« - - 102 

1) L. Phillips, - - 102 

htate house, to repair roof of, - 102 
governor's house, - - 102 

deaf aid dumb institution, - 102 

I.S Brit Ion, - - 102 

John Ek, - - 103 

speaker of tie senate and house 

ol representatives, 143, i82 

mileage to members, - 143 

sei ie'aiy and assistant of the sen- 

Bte, * - 143. 182 

eec.eiary and assistant of the 

bouse, - 14 , 182 

seint-ant-at-artr.s of sei ate, - 143 

dooi keepers and assistants of 

the nouse, - 143, 182 

engiossing and enrolling clerks, 143 

182 
assistant enrolling and engross- 
ing cierks, - - 143 
governor, - - 144 
treasurer, - - 144 
auditoi, - - 144 
Secielar) o's'ate, - - 144 
judges su| lenn c urt, . 144 
inspectors penitentiary, - 144 
poner to state house, and assist. 

ants, - - - 144 

seciet.ryin fund commissioner's 

office, - - 144 

juiifje C"ok count}* couit, - 144 

prosecuting attorney of Cook 

county court, - - 144 

to extia assistants employed by 

tun enii Ihng aid ei-gros-ing 

clerks ol the senate and house, 144 



[«▼] 



US !JEX. 



Approprations — 

su;e intendent ol public instruc- 
tions, - - 145 
hank commissioners, - 145 
joint committees to visit state in- 
stitutions, - - 145 
state nrsenal, - - ISO 
S:nviel McClure, - - 15') 
SUpremP court library, - 153 
statp library, - - 171 
courier of the gpneml assembly, 1*2 
co. >vs's of the journals, - 1*2 
W. i). Lalsiiaw, - - 182 
John Connelly. - - 187 
supreme court room at Mount 
Vernon, - . l«7 
Archer. Win. B. See page - 1*57 
Arsenal, to provide for the building of, - 150 

151 
Assessor to take a list of all property 

*uhjpct to taxation, - 37 

m»ke returns to county clerk, - 40 

acts legalised in town ot .Appa- 

noniv, Hancock county, - 189 

Ansmsfine, George. See Roads, -118 

Auditor, duty ol — 

to cancel notes of banks going into 

I q ridation, - - 31 

to deliver up securities, - 32 

to obtain certified Copies of cer- 
tain act, - - 4'' 
forward copies to county cl°rks, - 43 
to ascertain the number of white 
children in the s**vpral ro'inties 
of this -tate, and 'her upon mike 
dividend of school fund?, - 78 
draw wan ants for expenses of 

gene al assemble, - 101 

pay intpre-t on school fund to 

VVh t= conn'y, - - 103 

transfer certain lands to James S. 

Ma tin and i'he>s, - 111 

to ,ny enrolling and engrossing 

clerks, . - 142 

to is"ne warrant in favor of bank 

commisoioi ers, - - 145 

w.irr.tnt to mspectois penitentia- 
ry, - - - 147 
to allow John M"BP?,latp s-hpriff 
Brown county, anv oedi' coun- 
ty c urt may certify is legal y 
due, . . -152 
endorse dividends paid on indebt- 

T1PSS. ..- lfiS 
warrant to Freeman, for Illinois 

Dieest, - - 175 

to issue warrant in favor of the 

heirs of P. Redman, - 118 

ff«' rai t to p y members aid offi- 
ce's of genera' a-senhly, - 143 
d aw warrant to each meinher of 

senate and hou-p, - 182 

draw warrant to El jab E. Haines, 
compiler of township organiza- 
tion law, - - 188 



B. 



Banking associations, when desirous of 
closing business, how to pro- 
ceed, - . 32 
to sunender its circu'ation, - 33 
t file certificate, - - 33 
to ce^sp doiiiu' business, - 33 
stocks deposited, relative to, - 165 
Rigwell John. See Roads, - 105 
Parlovv, Marshall. Sep Roads, - 167 
Bee.h, Fre-dns See Roads, - 177 
B'ack. Lpwis. See Ro,d-, -119 
Bliss. Peleg. SeeRoads, - .107 
Board of snpe.vi or«=, duty of, . 132 
authoried to *e>! poor farms, - 132 
depd, how made, - - 132 
convpyancps to be rcnde, for pro- 
perty previously 9old, - 1.12 
Bond-, authorise the issue of, to J. J. & 

J McKiilips, - - 179 

Bryant, Ambrose. See Roane, . 99 

Burial of the dead. See ft .ilroad Com- 
panies - - 170 
Burns, Israel. S»>e Roads, - 167 
Bail, William. See Roads, - 177 
Butler William See Appropriations, - 102 
Bureau coui.tc, school tax legalised in 

the own o! Hall, - 110 

Buford, John M., lor the relief oi, - 1*3 



c 



Canan, R ; ri>»rd. S»p Roads, - 99 

Campbell, Robert. See Roads, - 1"7 

Ctmetert as-oci t'ons. formation of. - 189 
officers, how chosen, - 190 

election. - - 190 

qualification of voters, - 190 

lands to b^ su veyed, - 190 

to be r corded, - - 190 

may establish by-laws, fcc, - 190 
p'oceed-of ale of lo s, - 190 

px»tnpt fioro taxation, - 190 

Census, how tnken, - - 151 

counties ot Ad lms, Hancock and 
Henry, j d^s to ;ip ; oint per- 
sons to takp census, - 151 
Chicago, rnaki' g valid school tax levied, 125 
sui'- C' mu enced in thp recorder'! 
conr, when tt>e «um exceed* 
o e hundred dollars, may be 
transferred upoi wnlteu re- 
quest ofdpfei (hint, - 147 
Char'ps, Jo pph. S-p Road-', - H6 
Ctiattan, B. J. S •►• Roads, - 157 
Circuit c! 'iks fees of, - - 181 
c!>rk to eive notice to circuit 
jut ije of th- formation of Harri- 
son coi'itv, - - 11*5 
riprgvmen. S- e A ppropriatious, - 101 
Circuit, 3d juHcial circuit - 128 
sni's o «'a.d for t ial as herein 
spec fied, - -128 



INDEX. 



[v] 



Circuit, 3d judicial circuit, process re- 
turnable, - - 129 
ads repealed, - - 129 
when 10 lake effect, - 129 
Circuit, nth judicial ci.cui', - 10 
process returnable, a3 fixed by 

thiiad, - - 130 

judge may hold special term, - 13 1 
when to lake effect, - 1 3 1 

Circuit, lUth judicial cm nit, - 1.9 

proces?, how returnable, - 149 

act*',repe«iled, - • J5U 

when to take eflvcf, - 150 

Circuit, 14 h judicial circuit, - 127 

process, how ietun ab'e, - 127 

act repeah d, - 127 

when to take effect, - 127 

Circuit, 16th judicial circuit, -15 

judgment upon default, - 126 

judge may enter decrees in vaca- 
tur,, - - 12 
writs lI" hahezs corpn*, - 1^7 
may hold special term, - 1:7 
when to take effect, - 127 
Ci.cuit, 17lh judicial circuit, - 129 
process, how returnable, - 129 
proceedings now pending) how 

disp bed of, - - 130 

when to take effect, - 130 

Court of common pleas, to be establish- 
ed at Cairo, - - 15" 
jurisdiction of, - - 155 
judge, how appointed, - 155 
term of office, - - 155 
cleik , how appointed, - 155 
how paid, - - 155 
salary of judge, - - 155 
to have a seal, - - 15b 
prosecuting attorney appointed, 156 
Jurors, how seh cttd, - 156 
compensation of, - - 156 
terms of, when held, - 156 
writ? and process, by whom exe- 
cuted, - - 156 
change of venue may be takeD, - 157 
wiils ceitio' ari, - - 157 
judge anil attorney not to be ap- 
pointed until certificate be filed, 157 
Cook county, to i emulate tire practice ot, 

repealed, - - 146 

Cole, J. J. bee Road*, - - 4i ! 

Contingent expenses. See Appropria- 

ti ns, - - 99 

Collector for town of Appanooce, Han- 
cock county, duty of, - 189 
County ju ge, fees of, - - 181 
County clerks, duty of, in counties 

adopting township organization, 37 
to fumi-h blanks to assessor, - 37 
to aid former valuation in certain 

casei, - - 38 

duties of, in counties not adopting 
township organization, - 40 



County clerks to furnish book:; for use 

oi a&set-sor, - - 40 

how paid, - - 40 

compensation of, - - 42 

to cause < ction not ; ce to be 

given in eeitain cases, - 58 

to make tax books (or collector, cO 
to furnish amount of valuation of 

taxable pioperty, - 81 

to g>re n< tice of election in coun- 
ts s of McLean, Chan p<iign and 
Ve.u.ilio*, - . H5 

not tor! ape fees for issuing writs 
of election or coinparu g returns 
of. - - - 181 

County cleik of Hancock county, duty 

of, - .184 

County ccuit of Peoria, to extend the 

jurisdiction of, - - 194 

to have cnnrunent jurisdiction 

wi h circuit court, - 194 

manner of process, - 194 

judgmcn's to have l:en upon real 

e-tate, - . 194 

writ? of error, how prosecuted, 194 
appeals from poiice magistrate to, 194 
always 'o remain open. - 194 

fees of ji'trs ai d officers, - 194 

general powers and ruh s of, - 195 
change of venue, - - 195 

docket fee, by whom collected, 195 
of Grundy county to I ave same 
powers as are now in force in 
La Salle, Winnebago. Boone 
and Mi. Henry counties, - 161 

to fix time of holding court in 
counties adopting township 
organization, - _ 172 

of Ada i s ccunty, changing time 
of holdng, - . 191 

Courts, time of holding in third circuit, 128 
" " " sixth '< 130 

» « « . (I1 .h tt 149 

* «f " fourteenth " 127 

" " " sixteenth " 125 

" " " seventeenth" 129 
Compilation and distribution of the 
general laws in re at ion to 

township organization, - 188 
copies to be delivered to secretary 

of state, - 188 
'Corporatio: s, to pnn ; sh fraudulent issues 

of stock in, - - 163 
Commissi n 'o examine canal claims, 161 
to keep a record <f p'oceedngs, 162 
to mak ! a report to the legislature, 162 
claimants required to muke oath, 162 
Compton, Joseph A. See Reads, - 167 
Commissioners to have supreme court 
room at Mount Vernon comple- 
ted, ei closed and furnished, - 187 
Couchman, Melgar. See Roads, - 161 
Croch, Clojd. See Roads, - 109 



[VI] 



INDEX. 



D. 

Davidson, Samuel. See Roads, - 13:< 

Denning, Albert, foi tue relief of, - 1 y i 

Deite iiu, lirilfia £><.e Roads, - 4y 
Dtaf and ^-'.^b institution. See Appro- 
priations, - - 102 
Digest, Illinois, io purchase copies ol, 17-i 
Dilier, I. K. See A j>j> o,n laliuii-, - 100 
Dunn, Joun. bee Roads, - 187 



E. 



Eck, John. See Appropriations, - 103 

Ej-ciment. See Revised .Malutes, - 138 

Eiiio , Andrew, for relief of, - ol 

ElUridge, EUaid. S e Roads, - lu? 

Einjdira=s river, to ie t ieal cei tain por- 
tion of an act for tne improve- 
ment of, - -1.2 
Enrolling and engrossing clerks, fet-s of, I4i 
Eveland, William.. Si e itoad.-, - 10^ 
Evidence, in relation io. ate Chapter 

10, "Revised Statutes," - 33 

Executive aepuluienl. See Appropri- 
ations, - - 100 

F. 

Fees and salaries. See Revised Satute-, 

cnapter 41, - - 32 

wi'nesses, fees of, - - 1 7 y 

constables, do - - 2ou 

Finney, ihomas. See Roads, - 49 

Foiidey, VV. 13. See Appropriations, - loi 

see bctioois, oj 



Free scuools, system of. 

G. 



Game, to preserve the, - - 137 

unlawful to kill, - - 137 

uti'aiAful to b .y or sell, - 137 

guilty of tre.-pa»s, - - 1J7 

penalty fur violation of, ~ lo» 

counties exempted from its pro- 
visions, - - 138 
Gallatin county, to change time of hold- 
ing circui coui t, - 128 
General assembly, bee Appropriations 1U3 

181 
Gibhs, O. J. See Roads, - 118 

Governor, dnt> of, issue proclamation 
annotiiic ng result of election 
for the suppression ot intemper- 
ance, - - 30 
to execute deed to Jeremiah " 

Strawn, - - 103 

to usue certificate ot state indebt- 
'e.iiie j s to Joseph and William 

Harvey, - - 107 

to is>>ue interest bonds to trustees 

of State Bank, - - 142 

to purchase giound and build 
State arsenal, • • 150 



of 



113 
113 

114 
114 

111 

114 



Governor, duly of, to recta'rn fprsona 

who 1 1 d v ^ been kidnap| ed, - 186 
to appoint ag nts, - - lad 

to is ue certificate of uuebtednSBfl 

to Abert Denning, - 190 

to is^ue state bonds to J. J. is J. 
Mcivi lips, - - 179 

Grand jury oi Jo Daviess com ty, duty 

of, - - - 178 

Gridley, A. See Appropriutious, - 101 

H. 

Harrison, to establish the coun'y of, 

boundarr s d fi'ied, 

voieis to vole for or against or- 
g.uii/a ion, 

canvass and return of votes, 

return of vo.es io *ecieiaiy 
state, 

special election to be held, 

justices .nid otnei uihceis io hold 
their offices until tne) expire by 
law, 

coun'yseat, 

notice of election, by whom given, 

returns, io vvlium made, 

how i anvasseO, 

6uiis, &c, nut to be affected, 

no ice to Circuit CoUl i, 

court wtieu and vvuere held, 

school fund, 

commissiOne s to be appointed, 

compensation ot, 

ieco.ds to De tianscnbed, 
Hazlewood, J amies, bte Roans, 
Harvey, Will. am and Joseph, for relief 

of, - 
Harper, Henry. See Roads, 
da.i, Stephen H. See Roads, 
Hamilton, James, bee Koads, 
Head, William l'.,for the ielu.f of, 
Hitt, Dai>i»l F. bee Roaos, 
Hirchctih 1 ', William, bee Roads, 
Hodges, James, bee Roads, 
Huugti, J. A. See Appropi lations, 
tinnier, James. See Roads, 
Hmdley, Jaini-s. bee Roads, 
Hutciiinson, Jotin. bee Appropriations, 

I. 

Illinois and Michigan Canal, appropria- 
tion to bund a bridge, - 104 
claims referred to a commission, 161 
commissi neis appoinied, - 161 
examine claims and hear estimo- 

uy, - - 162 

clamant to make oath, - 102 

commissioneis to give notice of 

meeting > - - 163 

compensation ot, - - 163 

Illinois State Hospital for the Insane. 

See Appropriations, - 102 

acts repealed in relation to, - 102 



llo 
115 
115 
116 
116 
lift 
116 
116 
116 
117 
117 
117 
109 

106 
99 
93 

loO 

y« 

95 

98 

49 

Mil 

166 

98 

102 



INDEX. 



fvn] 



Ktiaois Institution for the Education of 

the Blii.il. >*e Appropriations, !02 

act.< repealed in rei-von 'o, - 42 
Interest on the public debt, to regulate 

the payment of - - 150 
act auiliori ing tlie employment 
of stale agent in the cry ofiNew 
Yoik, repealed, . . 180 
to be paid by st. lie treasurer, - 180 
proceeds oi sales of s'ate land nor 
BU' plus revenue not to be used 
for the purchase of stale indebt- 
edness, - - 153 
appo> tionment of interest on 
school fund to new counties, 192 
Inspector of penitentiary. .See Peniten 

tia>y, - - 146 

Inferior conns in cities, jurisdiction of, 147 
Intemperance, fur the suppression of- — 

saleof si'iritoijj liquors p ohtbi'ed, 3 

not to extend to cider ai d wine, 3 

imported liquors m;<y be sold, - 3 
custom hou-e certificate not evi- 

dence of importation, - 4 

license, by whom granted, - 4 

persons to give bond, . 4 
agents to be appointed for the sale 

of,*'- - . 5 

may be removed at pleasure, - 5 

bow long to ho d otfire, - 5 
to keep an account of purchases 

and sates, - - 5 

compensation of, - 6 

bond, form of, - 7 

penalty lor violation of - • 7 

liable tor giving aw rt y, - 7 

for exchanging of, . 8 

may be prosecuted, - 8 
applicable to clerks, agents and 

servants, - - 9 

appeais may be taken, - 10 

liquors to be deemed a nuisance, 10 

complaint, h'-w made, . \\ 

' officer may issue warrant, - U 

justices of the p*ace, duty of, - 12 

liquors forfeited, - . \± 

detendant to pay costs. - 13 

may be committed to jail, - 13 
liquors forfeited delivered to 

agents, . .14 
form of complaint, - - ]5 
warrant, - - In" 
notice, - - 17 
persons intoxicated - 17 
ci'y attorney may prosecute, - 18 
persons iutoxicat» d may b-; releas- 
ed iipon certain conditions, - 19 
in case they refuse to testify, how 

to proceed, - - ]') 

duty of officers, - - 19 

penalty of, for neglecting duty, 20 

luits, how conducted, - 20 
in default of recognisance, officer 

to commence suit, - 21 
kind of liquors, not necessary to 

•pecify, - - 21 



Intemperance, for the suppression of — 

officers, lees of, - - 21 

m.iy receive additional 
compensation, - - 22 

agenis may be prosecuted for 

bie.idi ol b. nd, - - 22 

penally for the violations of, - 22 
not toex'end to negotiable paper, 23 
persoi s found mtoxicaied in high- 
ways may be fined, - 24 
appl.cation of hnesand forfeitures, 29 
deiendai t entilKd to trial by jury, 23 
appeals may be taken, - 26 
principal and security on appeal 
bond shall not be released lor 
defect in bond, - 26 
manufacture oi, not pn hibited in 

ceriain cases, - 26 

duty of officers upon information 

of liquors being sold, - 26 

railioau officers, liable to prose- 
cution ior violation of, - 27 
penalties for resisting officers, 27 
circuit couit to harve juriad.ction 

in certain cases, - 28 

ju-tices of the peace not to render 
verdict when value of liquor 
exce ds one hundred dollars, 23 
to make a lecoid of the proceed- 
ings, and file in circuit cleik's 
office, - - 28 

nonce, trow served on defendant, 29 
persons telling impure or adrlter- 
ated I quois may be lined and 
in. prisoned, - - 28 

officers not liable for executing 

warra.ni or ottrer process, - 28 

complamt of rnapied women, - 38 
conviction belore justce of the 
peace shall be a bar to an i - 
dictment ior Uie tame otiense, 30 
when to lake elfec", - 38 

electioi , wben held, - 38 

submitted to vote of the people, 38 
election, how conducted, - 38 



J. 



Jackson, Willinm. See Roads, - 49 

Jackson, oilc See Roads, - 92 

Jenifer, J. S. See Koads, . 123 

Jo Daviess county, duly of grand jurors 

of, - - 178 

Jones. William. See Koads, . n$ 

Jouesboro, to repeal an act to vacate & 
certain street and alley in the 
town or, . - 93 

Journal. See Appropriations, - 101 

Justices of the peace, jurisdiction of, 

extended, - - 139 

bond made previous to organiza- 
tion of county court shall be 
sued in the nam© of county 
court, - - 158 

Judy, P. T. See Roads, - - IU7 



[ vin ] 



INDEX. 



K- 



Kellogr, William. See Roads, -136 

Kidnapped, to reclaim persons who 

have been, . - 1^6 

asei'ts to be appointed, - 186 

expense, how paid, - 186 



L. 



Ltneare, Lewis. See Road?, - 123 

Lanphier& Walker See Appropriations, 101 
Lamb, J. 0. See Appropriations, - 101 

Leland, Lorenzo. See Road*, - 9- 

Lile, Henry. See Roads, - 1()9 

Lynn, William. See Roads, -119 

M. 

Masonic find Odd Fallows' Lodges, Di- 
visions of Son-i of Temperance — 182 
to file certificate with county 

clerk, - - 183 

may hold real estate, - 183 

may establish rules and regula- 
tions, - - 183 
recora, to keep a, - 183 
may hold personal property, - 183 
notice of place of meeting, - 183 
Martin, Jaaies S., and others, for the re- 
lief of, - - 111 
Mack, David. See Roads, - 16s 
McClure, Samuel, to reimburse. See 

Appropriations, - 158 

McClelland, Alexander. See Roads, 152 
McCoy, James. Se e Roa<!s, * 189 

Mi-Farland, Isaac. See Roads, - 108 

McKillips, J. J. & J., governor to issue 

bonds to, - - 179 

McKee, Thom-as. Sep Roads, - 165 

Moses, John, late sheriff Brown county, 

for idief of, - - 152 



N. 



Nnperville. See Township Organization, 45 
NichoM, Henry. See Roads, - 136 

Nichols, Clark. See Roads, - 1H7 

North. Abraham See Roads, - 187 

Owens, George L. See Roads, -160 



P. 



Pages of the senate and house of repre- 
sentatives. S^e Appropriations, 101 
Peoria, to amend the charter of, and reg- 
ulate a 'ystem of public schools, 195 
board of inspectors, to be elected, 195 
when elected, - - 195 
duty of inspectors, • - 196 
term of office, - - 196 
execute bond, * - 196 



Peoria, money to be paid, and how used, 196 
duty ot treasuier, - 196 

to pay out upon (he order of 

boaid, - . 196 

vacancies, how filled, - 196 

to take oath, - - 197 

powers of inspectors, - 197 

to fix compensation of teachers, 197 
city of, to be divided into districts, 197 
district directors. to appoint, - 197 
to possess powers necessary to 

carry into effect, - 197 

inspectors to make annual reports, 197 
report to be made to city council, 198 
treasurer to receive money, - 198 

officers not to receive compensa- 
tion, - - 198 
amcuntof money to be determined, 198 
to publish statement, - 198 
to vote for er against school tax, 198 
school not to receive money be- 
longing to state, - 199 
teachers to obtain certificate, - 199 
keep schedule, - - 199 
not to repeal or alter, - 199 
may establish schools for colored 
people, - - 199 
Pearcy, A. J. See Roads, - 152 
Peoria countycouri. See County Court, 194 
Peck, Marvin, for rel ef of, - 96 
Penitentiary, to build additional cells, 146 
to purchase ground for cemeteiy, 147 
Peoria county, jurisdiction ofju-tices of 
the peace and police magis- 
trates extended, - 154 
time of holding circuit court, - 125 
number of terms, - - 126 
criminal business, when transact 

ed, - - - 125 

grand jury empannelerl, - 126 

civil docket, - - 125 

proces«, manner of, - 126 

may take change of venup, -126 

Phelp", Benjamin T. See Roads, - 95 

Phillips, D. L. See Appropriations, - 102 

Pike county, school directors 6 south 4 

west build school house, - 110 

Piper, Israel S. See Roads, - 136 

Plank road law, to amend, - 145 

Potter, Horace See Roads, - 107 

Postage account. See Appropriations, 101 
Police magistrates, - 34 

term of office, - 34 

vacancies, how filled, . 34 

Prairie du Rocher, duty of trustees of, . 112 
Public printer, to print school law, 91 

a 

Quincy^ to amend revenue law of, - 131 
Quartermaster general. Sue Appropria- 
tions, - - 102 
Quincy, J. M. See Roads, - 94 



1ND1X 



[*] 



R. 

lroad Companies, liabilities of — 
to pay expenses incurred for burial 

of the dead, - - 170 

to fence their roads, - 173 

to erect gates at crossings, -173 

ownen of laud to fence in certain 

cases, - - 173 

property, how assessed Sea 
Revenue. 
Register. See Appropriations, - 101 

Redman, Parmenus, for the relief of, - 117 
Receiver to report to auditor condition 

ot banks, - - 31 

return circulating notes, - 31 

Revenue — 

assessment of property, - 35 

railroad property, how assessed, - 35 
schedule to be returned to county 

clerk, - - 35 

property, how listed, - 36 

penalty for refusal to list, - 36 

manner of making list of real and 

personal property, - 36 

fixed and stationary property, - 36 
rolling stock, pro rata tax of, - 36 
description of property, - 37 

assessment of, under towoship or- 
ganization, - - 38 
delinquent land advertised, - 39 
sale ot, - 39 
•when sold, - - 39 
fees of assessor, how paid, - 39 
assessment of, in counties not 
adopting township organiza- 
tion j - - 40 
railroad property, how listed, - 40 
quantity on hand to be listed, - 40 
list of taxable real estate to be 

made from collector's book, - 40 
collection of, - - 41 

delinquent lands advertised, - 41 
when to ba sold, - - 41 

sections 19 and 20 repealed, which 
required collectors to make out 
list delinquent lands and lots, 42 
taxes of 1854, and prior years, 

how disposed of, - 42 

rate of state tax for all purposes, 42 
list of nonresident property not 

required, - - 43 

taxes on railroad property in 
counties adopting township or- 
ganization not to be charged of 
tax book, - - 43 

Revised Statutes, chapter ten, entitled 

"Attachments," amended, - 149 
chapter25, entitled "Religious So- 
cieties," amended, - 171 
chapter 36, entitled "Ejectments," 

amended, - - 138 

chapter 40, entitled "Evidence," 

amended, s - 33 

chapter 41, entitled "Fees and 
Salaries," amended, 32, 189, 181 



revised Statutes, chapter 93, entitled 

"Road»," amended, . 172 

chapter 55, entitled "Jails and Jail- 
ors," amended, . 193 

chapter 39, entitled "Estrays," 
amended, - - 175 

chapter 109, entitled "Wills and 
Testaments," amended, - 44 

" ichardson, Thomas B. See Roads, - 105 
1 chards, William S. See Roads, - 160 

ads — 

from Ottawa to Naperville, relo- 
cated, - . 49 

in counties of Pope and Massac, 
located, - - 49 

from a given point betwepn Otta- 
wa and Utica, relocated, - 91 

from Ottawa to Peru, located, - 92 

Shelby villeand Palestine, vacated, 93 

from Ottawa to the bridge over 
Fall creek, located, - 95 

from Appanooce, Hancock coun- 
ty, to Hunt's bridge, in McDo- 
nough, changed, - 97 

from Marion, county of William- 
eon, to De Soto, in Jackson 
county, located, - 98 

part of, from Carthage to Rush- 
ville, relocated, - 99 

from Charleston to Danville, re- 
located, - . J04 

from McLeansboro, via Middle- 
ton, in Wayne county, to Salem, 
in Marion county, located, - 105 

commissioners to have report 
made out, - - 107 

from Kingston, Adams co., to Mat- 
thaw Moore's, to intersect the 
bottom road from Quincy to 
Atlas, in Pike co., located, - 109 

from La Salle, in La Salle county, 
to tbe north line of township 
thirty-eight, located, ' - 118 

on the county line between 
Marshall and Woodford coun- 
ties, terminating at Minunk 
station, on Central Railroad, lo- 
cated, - . 119 

from Hamilton, Hancock county, 
to the centre of the north line 
of section five, terminating at 
Muscatine, located, - 123 

from Canton, Fulton county, to 
connect the Canton and Liver- 
pool plank road, located, - 136 

go much as lies in section two, 
township three north, range 
nine east, known as Shelbyville 
and Palestine State Road, va- 
cated, - .137 

from the Ohio river, opposite 
Weston, Kentucky, where it 
intersects tbe Equality and 
Cave-in-Rock road, located, - JS1 



I>] 



INDEX. 



Roads — 

from Centralin, Msrion county, 
to a point .on the state road 
leading to Vincennes, Indiana, 
located, - - 152 

from York, Clark county, to 
Charleston, Coles co., changed, 159 

from Marion, Williamson county, 
to Carbondale, Jackson county, 
located, - - 160 

from Walnut Grove, Knox coun- 
ty, to Keithsburg, in said coun- 
ty, located, - - 165 

from Grayville to Carmi, White 
county, relocated, - 166 

from Robinson, Crawford county, 
terminating at Marshall, Clark 
county, located, - 167 

part of, from Grayville, White 
county, to Mount Carmel, in 
Wabash county, relocated, - 167 

part of Fairfield and Monmouth 
road which lies between Car- 
thage and bridge across Crook- 
ed creek, relocated, - 168 

part of Rushvilla and Commerce 
State Road which lies between 
Carthage and Nauvoo, reloca- 
ted, - - 168 

part of Wabash and Shelbyville 
State Road, relocated, - 169 

from Pleasant Hill, in McLean 
county, to Bur Oak Grove, Ver- 
milion county, |oeated,' - 177 

from Albion, Edwards county, to 
Sah3ra,in Marion co., changed, 184 

part of Northern Cross Railroad 
as lies between Wood street, in 
city of Quincy, changed to state 
road. - - 185 

from Vienna, Johnson county, (o 
Carbondale, Jaekson county, 
located, - - 187 

Rushville, Schuyler county, to vacate 

Washington street, - 108 



s. 



Sandusky, Josiab. See Roads, - 49 

Sand, Napoleon, See Roads, - 91 

Schools, system of, - - 51 

compensation of officers, - 82 

commissioners to retain out school 

fund three per cent., - 82 

treasurers to retain out of school 
* fund two per ceDt., - 82 

board trustees may reduce com- 
pensation, - - 82 
liabilities of officers, - 82 
officer intrusted with funds which 
he shall convert to his own use, 
may be indicted, - 83 
shall be liable for insufficiency of 
securities, - - 83 



Schools, real estate of officers to be held 

for claims, - - 83 

penalty fojf making false returns, 83 
to be recovered before any justice 

of the peace, - - 84 

to be responsible for all losses 

sustained, - - 84 

cost, tenure of office and contracts 

under former laws, - 84 

no cost chargeable in certain ca- 
ses, - - 84 
lease to remain valid, - 84 
taxes levied under laws hereby re- 
pealed to remain valid, - 85 
cities and incorporated towns, - 85 
not to repeal any special act, - 85 
acts repealed, - - 90 
publication and distribution of 

this act, - - 90 

superintendent elected, - 51 

to execute a bond, - - 51 

keep his office at the seat of gov- 
ernment, - - 51 
to pay all moneys to the officers 

entitled to receive it, - 51 

to have general supervision of the 

schools, - - 52 

to visit different counties of the 

state, -J - 52 

to report the condition of schools 

to i he governor, - - 52 

to make rules and regulations for 
carrying the provisions of this 
act into effect, - - 53 

to explain to the different com- 
missioners the meaning of this 
act, - - 53 

may withhold money from school 
officer* for refusing to comply 
with the provisions of this act, 53 
salary of superintendent, - 53 

School commissioner*, election of, - 53 
to enter into bonds, - 54 

form of boud required, - 54 

liable to removal by county court, 54 
how to fill vacancies, - 55 

to provide books to keep accounts 
of sales of land, and moneys 
received, - - 55 

to file the bonds of township trea- 
surer, - - 55 
moneys belonging to township, to 

whom delivered, - 55 

to apportion stato funds to town- 
ships, - - 56 
report to superintendent, - 56 
deliver to successor moneys, pa- 
pers, &c, - - 56 
may loan money belonging to 

county fund, - - 56 

visit schools in his county, - 57 

duty of, in case of the failure of 

trustees, - - 67 

authorised to sell real estate, - 57 



INDEX. 



fxij 



PAGE. 


PAGE. 


School commissioners, examine the qual- 




School directors — 




ification of teachers, 


57 


to establish sufficient number of, 


65 


to file poll books, 


59 


suitable lots of ground to be pro- 




to give certificates to teachers, - 


67 


cured, 


65 


form of certificate, 


67 


exercise general supervision, 


65 


time of examination of teachers, 


(37 


to visit each school, 


65 


to sell land, and how to proceed, 


88 


appointment of teachers, 


65 


to give certificates of purchase, 


89 


salaries of, to fix, 


66 


statement of, to county court, - 


89 


may dismiss teachers, 


66 


report to auditor sales of, 


90 


may expel pupils, 


66 


School trustees— 




to examine schedule, 


69 


township9,as surveyed by the Uni- 




form of certificate, 


69 


ted States, limits of, 


58 


to file schedule, 


69 


election of, 


58 


not to certify to schedule in cer- 




to be a body corporate and poli- 




tain cases, 


70 


tic, 


58 


may borrow money, 


82 


general powers, to 6ue and be 




may levy tax for building and fur- 




sued, 


68 


nishing school houses, 


80 


tenure of office, 


58 


School fund — 




qualifications of, 


58 


to be added to principal in certain 




when to be elected, 


58 


cases, 


75 


elections, how conducted, 


58 


to be applied for the payment of 




act as judges of elections, 


59 


teachers, 


76 


time and manner of opening and 




money, how paid out, 


76 


closing elections, 


59 


form of order, with receipt of 




Voters, qualification of, 


59 


person paid, 


70 


vacancy of, how filled, 


5.9 


to be filed with township treasurer, 


77 


poll books, to whom delivered, 


59 


no money shall be paid to any 




to be successors to trustees of 




teacher until schedule be filed, 


77 


schadl lands, 


59 


School fund, common — 




semi-annual sessions of, to be 




taxes, assessment of, 


77 


held, 


60 


to be collected, and to whom paid, 


77 


to prepare township m?ps, 


60 


state to pay interest on school 




ascertain the amount of funds to 




fund, 


78 


be distributed, 


60 


dividend of, to' be made to each 




how distributed, 


61 


county, 


79 


manner of collecting funds, 


61 


school tax, additional, 


79 


to examine certificates of district 




in what cases to be levied, 


79 


directors, 


Gl 


rate per cent., how determined, 


79 


how to proceed to establish 




list of Dames of tax payers, 


79 


schools of two or more town- 




Schools for persons of color, 


85 


ships, 


61 


to have portion of funds, 


85 


statement to be prepared of the 




School teachers — 




condition of schools, 


62 


to sustain a good moral character, 


67 


enumeration to be made, 


63 


renewal of certificate, how, 


67 


may receive grants, gifts and do- 




to attend at appointed time for 




nations, 


63 


examination, 


67 


may purchase real estate, 


64 


to exhibit certificate of qualifica- 




title of, to be vested in said board, 


64 


tion, 


68 


judgment on execution against 




make schedule of the names of 




trustees, how to proceed, ■*- 


66 


scholars, 


68 


school land to be divided, 


87 


separate schedule to be kept when 




may cause a new valuation, 


89 


scholars reside in two or mors 




additional tax may be levied, 


79 


townships, 


68 


of township 18 north and 1 west, 




form of schedule, 


68 


authorised lots, 


120 


shall deliver schedule to directors, 


69 


may lease to directors, 


121 


certificate of, 


69 


shall give bonds, 


122 


School treasurer — 




School directors- 




appointed by board trustees, 


60 


election of, 


65 


to be ex officio clerk, 


60 


term of office, 


65 


hold office during the term of, - 


60 


judges and clerks, - 


65 


execute bond, 


70 


tie, how decided, 


65 


form of bond, 


70 


majority, quorum, 


65 


to be approved by the board of 




may purchase libraries, 


65 


direetorg, 


71 



[XII] 



INDEX. 



School treasurer, to provide books, - 71 
what to be recorded, and how, - 1 
may loan money, - -72 
mortgage to secure money loaned, 7.2 
form of mortgage, - - 72 
to brt recorded, - - 73 
additional security may be requi- 
red, - - - 73 
default in payment of interest, - 74 
suits may be brought for recovery, 

and how, - - 74 

in whose name to sue, - 74 

statement to be made to trustees, 74 
in case of vacancy, his booki, pa- 
pers, moneys, to be delivered to 

his successor, - - 55 
to proceed against collectors on 

failure to pey over moneys, - 1 
School lands — 

penalty for trespass on, - 86 

trespasser liable to indictment, - 6 

penalties, to whom payable, - 56 

how used, - - 86 
School lands — 

sale of, - -87 
petition for sale of, - 7 
how divided, - -7 
lots not to exceed eighty acre9, 87 
terms of selling, - 8 
where sold, - -88 
how advertised, - -88 
may be sold at private sale, - 89 
not to be sold at less than valua- 
tion, - - - S8 
may be revalued, - - 89 
certificate of purchase to purcha- 
ser, - - -89 
purchaser entitled to patent, - 90 
patent made by auditor, - 90 
how to obtain duplicates, - 90 
School, board of education — 

duties of, - - 61 
when townships unite, how to be 

managed, - 61, 62 
enumeration of scholars, how ta- 
ken, - - 61 
schools, how supported, - 61 
by whom managed, - 62 
money, how computed, - 62 
orders, how to be drawn, - 62 
upon agreement, may be placed 

under management of, - 62 
books, notes, moneys, &c, to be 

examined by, - - 63 
money*, to whom paidj - 64 
may remove treaiurer, - ( >4 
may buo on bond, - - 64 
may lease and sell land, - 65 
School district No. 2, Appanooce, Han- 
cock county, - - 184 
county clerk to compute tax lev- 
ied for the year 1854, - 184 
embraced within certain bounda- 
ries, « -184 
when to take effect, - 185 



Secretary of state, cause temperance 
law to be published, 
districts in the several counties, 
make certified copies of laws for 

auditor, 

forward to counties of McLean, 
Champaign and Veimihon cop- 
ies of an act, 
appropriation for deficiency for 

1853, 
Joseph and William Harvey, is 

sue certificate to, 
transmit copies of, changing time 

ofcourt, 
purchase books for state library, 
apply money for surplus books 

sold for benefit of library, 
purchase digest, 
distribute digest, 
to send copies of the act changing 
time of holding court to 6th 
circuit, 
distribute copies of the compila- 
tion of general laws relative to 
township organization, 
Sears, Archibald. See Roads, 
Sheep and swine — 

unlawful to run at large in the 
counties of Putnam, Stark and 
McLean, 
Shaw, John. See Roads, - 
Sodowski, Harvey. See Roads, 
Speakers of the senate and house. See 

Appropriations, 
St. Clair county, sheriff of, shall collect, 
with taxes of 1854, the school 
tax 1853, 
Stame, A. See Appropriations, 
Strawu, Jeremiah, lor the relief of, 
State road9. See Roads. 
State house. See Appropriations, 
State Bank Illinois, interest bonds to 

trustees of, 
State lands, to provide for the sale of, 
State libraiy. See Appropriations, 
Stage coaches liable for expenses incur- 
red for persons killed, 
Steamboats liable, how, 
Stephenson, James. See Roads, 
State agent, act authorising the employ- 
ment of, repealed. See Interest, 
State tax increased, 

State indebtedness, to provide for the 
liquidation of, 
right of preemption on state lands 

extended, 
moi.eys received for the sale of 
state lands to be used for the 
payment of interest, 
evidences of state indebtedness, 
dividends to be deducted, 
not to be withdrawn from the 
charge of treasurer, 
[Supreme court room at Mount Vernon. 
See Appropriations, 



30 
30 



- 4c 



117 



- 100 

- 107 

150 
171 

171 
174 
175 



131 



188 
49 



154 
91 

104 

143 



109 
100 
113 

102 

141 
45 
171 

171 
171 

166 

ISO 
42 

45 

45 



153 
164 

164 

165 
153 



INDEX. 



[ Mil ] 



Swamp lands, relative to, - -146 

iD Jersey county, how sold, - 148 

act which provides for drainage 
of, in the counties of Lawrence, 
Richland, Clay and Jasper, re- 
pealed, - - 150 
in Adams, how valued and told, 176 
Sycamore, in DeKalb county, to vacate 

an alley, - - 111 

SympsoD, H. See Roadi, - 119 



189 



184 
16.5 

104 
157 



Taxes levied in Hancock county, for the 
year 1853, legalised, 
levied for school purposes in dis- 
trict No, 2, Appatiooce, Han- 
cock county, for year 1851, be 
assessed and placed in collect- 
or's book for year 1855, 
Terry, William. See Roads, 
Thompson, John. See Roads, 
Ticely, William. See Roads, 
Towns and cities, for the better govern- 
ment of, - 34, 44 
Township organization, - 35 
assessment on railroad property, 35 
quantity on hand to be taxed, 
penalty for refusing to list, 
manner of making list of real pro- 
perty of railroads, 
fixed and stationary property, - 
rolling stock, 
description of property, 
change of value, notice to be giv- 
en, .."■-■- 
counties adopting, for the collec- 
tion of the revenue, 
advertising of delinquent lands, - 
lands and lots to be sold, 
for the assessment of property in 

counties not adopting, 
railroad property, 
quantity on hand to be taxed, 
list of real estate, 
for the collection of, in counties 

not adopting, 
advertise and tell real property, 
tax of 1854 disposed of, 
list of nonresident property not 

required, 
certain provisions declared inap- 
plicable to the counties of Stark, 
Putnam and McLean, 
to fix the time of holding court in 
counties adopting, 
Treasurer of state, the duty of, pay ap- 
propriation to agricultural soci- 
eties, 



Treasurer of state, appropriation for of- 
fice, - - 100 
to use state funds, in case of defi- 
ciency, for the pay of members, 103 
to pay Samuel McClure, - 159 
to present to auditor all evidences 
of state indebtedness which is 
entitled to a pro rata of, 
to pay Freeman for digest, 
to pay interest of public debt, 
to pay expense incurred in re- 
claiming persona who have 
been kidnapped, - 

u. 



164 
175 
180 



18G 



35 
36 

36 

3o 
3 6 

37 

37 

38 
39 
39 

10 
40 

40 
40 

41 
41 
42 

43 



154 
172 



131 



United States, jurisdiction over lands 

ceded to, - - 139 

not exceed five acres, - 140 

Lake street, in Port Clinton, va- 
cated, - - 140 

mny apply for condemnation of 
lands, - - 140 

not to debar or hinder the process 
of any court, - - 141 

V. 

Vanata, Aaron. See Roads, - 169 

w. 



Waynesville, De Witt county, to vacate 
part of South street, 
to open an alley, 
Waterman, Eli. See Roads, 
Walker, Henry. See Roads, 
Wall, Robert. See Roads, 
Walton, Benjamin. See Roads, - 177 

Warsaw, to sell school lands belonging 
to the city of, 
act of commissioners confirmed, - 
lands sold on petition, 
mayor to execute certificate of 
purchase, 
Weights and measures, relative to, 
Webster, Cyrus W. See Roads, 
White county, auditor to pay interest on 

school fund to, 
Winston, James A. See Roads. 
Wilburn, John. See Roads, 
Wills and testaments, in relation to. See 

Revised Statutes, 
Willett, William. See Roads, 



191 
192 
92 
136 
123 



94 
95 
95 

95 
176 
105 

103 

49 

168 



Young, Thomas C. 



Y. 

See Roads, 



109 



¥■ - 



,&