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

See other formats

■;•.'»'•

*ffl

I^^^^HH

DATE DUE J

IMM •

r onn*?

jLCS

JUIM I

£UU£

Demco, Inc. 38-293

ILLINOIS STATE LIBRARY
REFERENCE

■ J^H r

SfM\lfe

" -G '.6 th

ILLINOIS STATE LIBRARY

— * -,

345.1

CallNo E=T835

c.3

Accession No. ...:.^r:..,...^^..

CHARLES F. CARPENTIER
Secretary of State and State Librarian

>i3 77603 10M 7-63

fot^sfr-C^Cfr'^'

?£fr^

LAWS

OP THE

STATE OF ILLINOIS,

PASSED BY THE

NINTH GENERAL ASSEMBLY,

AT THEIR

§ix%% Session,

COMMENCING DECEMBER 1, 1834, AND ENDING FEBRUARY 13, 1835.

PUBLISHED IN PURSUANCE OF LAW.

" ' LIA:

1835.

ILLINOIS STATE LIBRARY

Minimi

3 1129 00702 491

^r*i >%a\5xv^ i

LAWS

OF THE STATE OF ILLINOIS.

AN ACT making partial appropriations. In force Dec.

19, 1834.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the Auditor of
public accounts be, and he is hereby required to draw his
warrant on the Treasury for the sum of one hundred dol-
lars to each member of this General Assembly, and a like
warrant to the Speaker of each House, the Secretary of
the Senate, and the Clerk of the House of Representatives
and Assistant Clerks of each House, to each of the En-
grossing and Enrolling Clerks and Door Keepers of both
Houses.

Approved, Dec. 19, 1834.

AN ACT making appropriations for the years 1 835 Sf 1 836. In f°rce Feb.

13, 1835.

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the sum of eight Contingent
thousand dollars be, and the same is hereby appropriated as fund.
a contingent fund, to meet the contingent expenses for the
years 1835 and 1836. The said fund shall be subject to
the order of the Governor, in defraying such expenses as
are unforeseen by the General Assembly or not otherwise
provided for by law, a statement of which shall be laid be-
fore the next General Assembly of this State by the Auditor
in his biennial report.

Sec. 2. The sum of one thousand five hundred dollars incidental ex-
is hereby appropriated to defray the expenses incident to peiues of Peni-
the Penitentiary, for the years 1835 and 1836. Sard fund teutiai'y-
shall be subject to the order of the Inspectors of said Peni-
tentiary, a detailed statement of which shall be laid be-
fore the next General Assembly of this State, showing the
manner in which the same may have been expended.

Sec. 3. That the sum of twelve thousand dollars is here-
Interest on by appropriated to pay the interest on the Wiggins' loan
Wiggins' loan, for tne years 1835 and 1836.

Sfx. 4. That the fallowing sums be, and the same are

. hereby appropriated, in full, for the salaries of the several

officers herein mentit nad, for the years 1835 and 1836: —

For the Governo ", two thousand dollars.

T ae Auditor of Public Accounts, three thousand two hun-
dred dollars, including clerk hire.

The State Treasurer, three thousand two hundred dol-
dollars, including clerk hire.

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

The Judges of the Supreme Court, eight thousand dol-
lars.

The Judges of the Circuit Courts, nine thousand dollars.

The Attorney General and State's Attorneys, thirty-
seven hundred dollars.

The Agent of the Ohio Saline, four hundred dollars.

Tne Warden of the Penitentiary, eight hundred dollars.

The Secretary to the Council of Revision, three dollars
per day.

Sfx. 5. There shall be paid to the Speaker of the Senate
Compensation and speaker of the" House of Representatives, five dollars

oi peiK.ei8 etna * . . , I-. r l ..

members of tje per day, and three dollars tor each twenty miles necessary
Gsnarai As- travel in going to, and returning from the Seat of Govern-
■emWy' ment of the State.

To each member of the Senate and House of Represen-
tatives, the sum of three dollars per day for each day's at-
tendance at the present session of the General Assembly,
and three dollars for each twenty miles, going to end re-
turning from the Seat of Government of the State, neces-
sary traveling.
F«cretaryoFe- To the Secretary of the Senate and Principal Clerk of
rfhothh 6 kS ^e H°use °f Representatives, five dollars per day.

To the Assistant Clerks of each House, four dollars per
day.

To the Engrossing and Enrolling Clerks of the Senate
and House of Representatives, four dollars per day.
To each Door Keeper, three dollars per day.
To the Secretary of the Senate and Principal Clerk of
the House of Representatives, the sum of one hundred and
seventy-five dollars each, for furnishing a copy of the Jour-
nals for the press.

To Claiborne S. Thomas, three dollars per day for his
services rendered to the Engrossing and Enrolling Clerk
of the House of Representatives, from the 19th January
to the last day of the present session, inclusive. Said
compensation, when due the members and officers of the

Senate, shall be certified by the Secretary thereof, except H
his own, which shell be certified by the Speaker; and said tifiZ " "
compensation, when due the members and officers of the
House of Representatives, shall be certified by the Princi-
pal Clerk, except lis own, which shall be certified by the
Speaker; which s.:id certificates, when so made out, shall
be a sufficient voucher to the Auditor to draw his warrant
en the Treasury f r the amount to which each person shall
be entitled as aforesaid, to be paid out of any money in the
Treasury not otherwise appropriated.

Sec. 6. The Auditor of Public Accounts shall issue his
warrant on the Treasury in favor of the different persons
hereinafter named, for the several sums annexed to their
respective n;.mes, to wit: —

To Robert Blackwell the sum of ninety-four dollars and r. Blackwell
seventy-two cents for articles furnished for the use of the
State.

To J. T. Eccles & Co., the sum of twenty-five dollars J. T. Eccles &,
and twenty-five cents, for articles furnished for the use of Co-
the State.

To James Elack, the sum of one hundred and thirteen ,
dollars and fifty cents, for materials furnished to repair the
Bank House.

To M. Greiner, the sum of six dollars and twenty-five M. Greiner.
cents, for printing the Ayes and Nays for the use of the
House of Representatives.

To Marmaduke Vickery, the sum of two dollars and fif- M. Vickery.
ty cents, for fixing the stoves for State House.

To George Leidig, the sum of fifty dollars, for a room Geo"ge Leidig.
furnished the Council of Revision during the present ses-
sion of the General Assembly.

To William C. Murphey, the sum of two dollars and w.c.Murphey
thirteen cents, for work clone on the State House.

Tj Moses Philips, the sum of three dollars, for locks and Moses rhiiips.
work done on the State Plouse.

To John Y. Sawyer, the sum of two hundred and twen- J. Y. Sawyer,
ty-seven dollars and sixty-eight cents, for printing for the
use of the House of Representatives.

To Blackwell & Stapp, the sum of ten dollars, for glass Blackwell and
furnished for the Bank. ftaPP-

To Robert Blackwell, the sum of fifteen dollars, to be R B ,
applied in obtaining and erecting suitable head and foot-
stones to the grave of the late William McHenry.

To J. T. Eccles, the sum of six dollars, for swearing in J. T. Eccles.
members of the House of Representatives.

To John Roberts, the sum of thirty-seven and a half John Roberts.
cents.

To John D. Hughes, seven dollars and seventy cents. J- D. Hughes.

To Jarvis Forehand, one dollar and fifty cents a day for j. Forehand.

attendance on the Council of Revision, the number of
days to be certified by the Council to the Auditor.

Jas. Black. To James Black, the sum of three dollars and eighty-

eight cents, for articles purchased for the funeral of Wil-
liam McHenry.

W. B. Scates. To Walter B. Scates, for services as Clerk pro tern, the
sum of five dollars.

j Armstrong. To John Armstrong, as Door Keeper, pro tern, three
dollars.

T.C.Khkman. To Thomas C. Kirkman, for Assistant Clerk, pro tern.
the sum of four dollars.

John Stams. To John Stams for wood, six dollars.

John Lindley. To John Lindley for wood, twenty-five dollars.

J. Y. Sawyer. To John Y. Sawyer for stove for Senate Chamber, thir-
ty-three dollars.

" To John Y. Sawyer for printing for Senate and pointing
sales of land in Lawrence and White counties, the sum of
six hundred and seventeen dollars and eighty-one cents.

A. F. Grant. To A. F. Grant, five dollars for one day's services as
Secretary pro tern, to the Senate.

Wm. Hodge. To William Hodge, six dollars for administering oaths
of office to the members of the Senate.

J. Y. Sawyer. To John Y. Sawyer for advertising sales of real estate
in White county for the State Bank of Illinois, and for ad-
vertising real estate in Lawrence ville for sale for the same,
five squares, one for twelve weeks and the other for six
weeks, fifteen dollars and seventy-five cents.

Wm. Denning, To William Denning, John C. Sprigg and J. W. Casey,

J. C. Sprigg &. three dollars per day each, for assisting the Engrossing and

J. w. Casey. gn, -oiling Clerk of the Senate, to be paid on the certificate
of the Secretary of the Senate.

Wm. Flora. To William Flora the sum of ten dollars for carrying
wood for the Engrossing Clerks of both Houses of this
General Assembly.

t> „• „,. ~r Sec. 7. To the Receiver of the Vermilion Saline, one

riecer er 01 _ . . m '

Vermilion Sa- half per cent, on all moneys by him paid into the State

line. Treasury, for his trouble in bringing and paying over the

same on or before the first day of March next.

Approved, Feb. 13, 1835.

STATE BANK OF ILLINOIS.

AN ACT to incorporate the subscribers to the Bank ofthijn force Feb
State of Illinois. 12, ig35.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That a Bank of the Bdank estabUsh*
State of Illinois shall be established, the capital stock where- 1 ' . .
of shall be one million live hundred thousand dollars, to be S5,qq^
divided into shares of one hundred dollars each; one mil-
lion four hundred thousand dollars of said capital stock to
be subscribed by individuals, [and] one hundred thousand
shall be reserved, and may be subscribed for by the State
of Illinois whenenever the Legislature thereof may deem
it proper to subscribe the whole or such parts thereof, as
the condition of the Treasury may justify.

Sec. 2. The said capital stock may hereafter be increas- May be increv
ed by individual subscriptions, to an amount not exceed-8^-
ing one million of dollars, to be subscribed for and taken
under the direction of the President and Directors of this
Corporation, in the same manner as herein provided for the
subscription to the original capital stock.

Sec. 3. All persons who shall become holders of the Subscribers to
capital stock of said Bank, pursuant to this act, shall be the stock incor-
and they are hereby constituted a body corporate, by the Porated-
name of the President, Directors and Company of the
State Bank of Illinois ; and such Corporation shall con- Extent of COfi
tinue until the first day of January, in the year one thou- portion.
sand eight hundred and sixty, and by that name, shall be
competent to contract and be contracted with, sue and be
-sued, plead and be impleaded, answer and be answered un-
4o, defend and be defended, in all courts and places, and in
all matters whatsoever.

Sec. 4. The said corporation shall have power to carry Nature of the
on the business of banking, by discounting bills, notes, and incorporation.
other evidences of debt, by receiving deposites, and ma-
king all other contracts involving the interest or uses of
money; by buying or selling gold and silver bullion, foreign
coins and bills of exchange, by issuing bills, notes, or other
evidences of debt, and by exercising such other incidental
powers as shall be necessary to carry on all such business.

Sec. 5. The real estate which it shall be lawful for said Real estate to
Bank to purchase, hold and convey, shall be — 1st. Such hJj*ld by said
as shall be required for its immediate accommodation in the L
transaction of its business, or such as shall have been mort-
gaged to it in good faith by way of security for loans pre-
viously contracted, or for moneys due; or — 3d. Such as
shall have been conveyed to it in satisfaction of debts pre-
viously contracted in the course of its dealings; or—-4th.

•I

Such as shall have been purchased at sales upon judgments,
decrees or mortgages, obtained or made for such debts;
and said Bank shall not purchase, hold or convey real es-
tate in [any] other easa, or for any other purpose; and all
such real estate, not absolutely necessary for the conve-
nient discharge of its business, shall be set up at least once
a year at public sale, and if the sum offered therefor, shall
be sufficient to reimburse the principal and interest of the
debt for which it was taken by said corporation, it shall be
absolutely sold.
Prohibited gEC# g. The said corporation shall not, directly or indi-

merchandkl"1 rectly* deal or trade in buying or selling any goods, wares

or merchandize, or commodities whatever.
May have a Sec. 7. The said corporation may have and use a com-
common seal. mon seaj. — t|ie yame alter, break, change or renew at plea-
sure, and may also make, ordain and establish and put in
execution such by-laws, ordinances, rules and regulations,
as shall be necessary for the good government of the said
Bank, and the prudent and efficient management of its af-
fairs. No by-laws, ordinances, rules and regulations of the
same, shall be in any wise contrary to the Constitution and
Laws of this State, or of the United States.
Principal bank, Sec. 8. The principal Bank of said corporation, shall be
where located. located at Springfield, and an office of Discount and Depo-
site as a Branch thereof, shall be established at Vandalia;
and the President and Directors aforesaid, may establish
and discontinue such other offices of Discount and Depo-
site as Branches within this State, whenever the interest
of the community or Bank require it, in number not exceed-
ing six, for the purpose of discount and deposite, and the
transaction of such other business as may be legally confi-
ded to them under the provisions of this act; and to com-
mit the management of all of the aforesaid branches under
such regulations, as they shall from time to time deem pru-
dent and necessary to adopt, to such number of persons as
they shall choose.

Sec. 9. For procuring subscriptions for said capital stock,

toSSTe^ab! John Tillson, jr., Robert K. McLaughlin, Daniel Wann, A.

sci-iptions to G. S. Wight, John C. Riley, Wm. H. Davidson, Edward

capital stock. M. Wilson, Edward L. Pierson, Robert R. Green, Ezra

Baker, jr., Aquilla Wren, John Taylor, Samuel C. Christie,

Edmund Roberts, Benjamin Godfrey, Thomas Mather, A.

M. Jenkins, Wm. Linn, W. S. Gihnan, Charles Prentice,

Richard I. Hamilton, A. H. Buckner, Wm. F. Thornton

and Edmund D. Taylor, are appointed commissioners to

receive all subscriptions therefor, and said c mimissioners,

or a majority of them, shall first open in t is State, one or

more subscription books for said stock, on sucn days rnd

at such places as they shall deem expedient; and shall, for

such purpose, appoint a day, giving at least thirty days pre-
vious notice of such time and place in one or more of the
newspapers printed at the seat of government of this State
or elsewhere; and if the whole of the capital stock herein
authorized to be subscribed for, shall not be taken within
twenty days after the books shall be opened as aforesaid,
the said commissioners or a majority of them, shall open
other books on such days and at such places as they shall
deem expedient, giving at least twenty days notice of the
time and place of re-opening said books, in one or more of
the newspapers printed at or near the place of re-open-
ing said books.

Sec. 10. The books for subscription shall be kept open Length of time
until all the original stock to be subscribed by individuals ^pj^^ bc
shall have been taken, and the sum often dollars on each
share subscribed for, shall be paid to the said commission-
ers at the time of making such subscription; such payments
shall be made in specie, bills of the Bank of the United States,
or certificates of deposite in any of the Deposite Banks of
the United States, in New York or Philadelphia. As soon as
the Directors shall have been chosen, and the commission-
ers hereby appointed shall have been notified of their elec-
tion, they shall pay over the whole amount of subscription
severally paid to, and received by them in the same de-
scription of moneys so by them received, into the hands
of the President and Directors of the said corporation, ta-
king their receipts therefor, to be delivered over to the
Cashier of said corporation as soon as he shall have given
bond according to law: Provided, That if, on closing the
books, it shall be found that more than one million four
hundrcd thousand dollars have been subscribed, the excess
shall be taken first from such as reside out of this State,
then from corporations; and should there still be an excess,
the same shall be taken in proportion from the subscrip
tions over one thousand dollars, until all are reduced to
that amount; then from all equally, until the whole amount
shall not exceed one million four hundred thousand dollars.

Sec. II. The stock, property and prudential concerns of c°""ms.0[

• . • i -li i i it • j- u sairi «ank, how

said corporation, shall be conducted by nine directors, be- mail3^cd.
ing stockholders and citizens of this State, but no person
shall be a director who shall not at the time of his appoint-
ment hold at least ten shares of the stock of the incorporation.

Sec. 12. The election of directors under this act, shall be Election of Hi_
held at such time and place in thte town of Springfield, as rector?, when
shall be directed by the said commissioners, who, or a ma- andwhetetobe
jority of whom, are hereby appointed inspectors of the
first election; and the persons then elected as directors,
shall hold their offices until the second Tuesday of June,
183o, and until others are elected.

Sec. 13. The directors for every subsequent year, shall
Shall be elected be elected on the second Tuesday of June in every year,
annually there- at such i\me 0f fae day, and at such place within the town
of Springfield, and under the direction of such persons as
a majority of the directors, for the time being, shall, by a
resolution to be entered on their minutes, appoint, and
shall hold their offices for one year, or until others are
elected in their stead.
Nu bevof Sec. 14. After the first election, no stockholder who shall

votes that each not have held his stock for which he votes, for three calen-
stockhoidev dar months previous to the day of election, shall be enti-
shaii be entitled tje(j tQ votg5 an(j t}ie £Umber 0f votes to which such stock-
holders shall be entitled in voting for directors, shall be in
the proportion following — that is to say, for each and every
share, not exceeding four shares, one vote; for every two
shares above four and not exceeding thirty, one vote; for
every four shares above thirty and not exceeding ninety,
one vote; for every six shares above ninety and not ex-
ceeding one hundred and fifty, one vote; and for every ten
shares above one hundred and fifty, one vote. But no per-
son, co-partnership, or corporation, shall be entitled to a
greater number than one hundred votes. In all elections
for directors, votes may be given either in person or by
proxy; but no person shall vote by proxy more than one
hundred votes, and no individual stockholder who shall be
a resident of the county where the election is to be held
at the time of such election, shall vote by proxy unless in
case of unavoidable absence, except females or minors:
Provided, no President, Cashier, or other officer of said
Bank or Branches thereof, shall be permitted to vote
at any election for directors as the attorney, agent
or proxy of any stockholder: Provided, also, that no
President, Cashier or Director of the Bank shall, during
the term of his office, be eligible to a seat in either branch
of the General Assembly of this State.
Election t0 be ^ec. 1^* ^ elections shall be by ballot, and the nine
by ballot. persons who shall have greatest number of votes, shall be
I,r case two jf the Directors; and if at any election two or more persons
more have an frave an equal number of votes for directors, then the di-
equairjilniberofrec*ors who shall have been duly elected, shall proceed by
ballot <incl Dy plurality of votes determine which of the
said persons so having an equal number of votes, shall be
director or directors, so as to complete the whole number;
rt^d if any director shall cease to be a stockholder to the
amount of ten shares, his office shall be vacant; and when
ever any vacancy shall happen among the directors, from
such or any other cause, such vacancy shall be filled for
the remainder of the vear in which it shall happen, by the
directors, for the time being, or a majority of them.

Sec. 16. The directors elected, as soon as may be after Election of pre-
their election, shall proceed to choose by ballot, one of their sident"
number to be their President, who shall preside in the
board until the next annual election; and in case of his
death or resignation, they may proceed to fill the vacancy
created thereby for the residue of his term. They shall
have power to appoint a Cashier and all subordinate offi-
cers of the said corporation, fix their compensation, define
their powers, and prescribe their duties; who shall give
such bonds and in such penal sums, with such conditions,
and with such securities as the directors shall prescribe,
and hold their several offices during the pleasure of a ma-
jority of said directors.

Sec. 17. That a general meeting of the stockholders General meet-
shall be held on the second Monday of June, 1836, and on |"f, °f st~k"

* holder^ when

the second Monday of June annually, thereafter, at the held.
time and place of holding the election for directors; and
the directors for the year immediately preceding, shall
present an exact and particular statement of the state,
condition, and affairs of said Bank; and the stockholders
present, shall have power to examine into all matters con-
nected with said Bank, its pecuniary concerns and general
welfare, and to adopt such measures as shall appear to them
needful and proper, touching the management of said cor-
poration and its effects, as shall not be inconsistent with
the provisions of this charter.

Sec. 18. The said corporation shall have power to re- Authorized to
ceive on deposite, or borrow at such rate of interest as
may be agreed upon, any sum of money not exceeding
one million of dollars, and the same to loan on bond and May loan the
mortgage of unincumbered real estate within the State; sanie-
but no loan on such real estate shall be made in any case
for more than one half of the appraised value thereof, for
a term of time not exceeding five years, and at no higher
rate of interest than ten per centum per annum.

Sec 19. The said corporation shall not commence busi- When t0 .corn-
ness until two hundred and fifty thousand dollars of the mence
capital stock shall have been paid to said corporation in
specie; and as soon as such payment shall have been made,
the said directors shall notify the Governor of this State
that they are ready to commence business; and thereupon,
the said* Governor shall appoint some suitable person or
persons, to examine and count the money paid in on ac-
count of said capital stock, and then being actually in the
vaults or possession of said corporation, whose duty it shall
%be, at the expense of said corporation, to make such exam-
ination, and ascertain by the oath of the President and
Cashier of the said corporation, that the said capital has
been, bona fide, paid in by the stockholders of the said

corporation, in payment of instalments under the regula-
tions of this charter, and for no other purpose whatever,
and that it has actually been received as part of said capi-
tal stock; and thereupon, such person or persons so appoint-
ed by the Governor, shall forthwith make due return of such
examination, and the facts connected therewith, to the Go-
vernor; and when the return shall be made to him, as afore-
said, that the said sum of two hundred and fifty thousand dol-
lars of the capital stock of the said corporation has been
paid in and actually exists in the vaults in possession of
said corporation, he shall cause proclamation to be made
of the same, which shall be published, at the expense of
the said corporation, in at least four of the newspapers
printed in this State; and on the first publication of such
proclamation, it shall be lawful for the said corporation to
commence business, and not before.

Directors to re- Sec. 20. The directors shall have power to require the

quire payment stockholders, respectively, to make payment of all sums of

btdand unpaid" monev by them subscribed and remaining unpaid, at such

' times and in such proportion as such directors shall see fit,

under the pain of the forfeiture of the share upon which

such payments are required, and all previous payments

thereon, to the said corporation.

Shall give no- Sec. 21. The directors shall give notice of every such
tke of such can by notice, to be published at least once a week, for
payments. eight weeks successively, in two or more newspapers in
this State, one of which shall be at the seatef,government
of this State; which notice, so to be published,. shall be a
sufficient call on such stockholders to authorize, in case of
default to comply therewith, the forfeiture above provided.

Ail evidences of Sec. 22. The obligations, contracts, bills, notes and other
debt obligatory evidences of debt, made or issued by the said corporation,
on said corpor- ^ being assignable and negotiable in like manner as if

auon. i-ii • ii ii

made or issued by a private person; and those payable to
bearer by delivery; and every evidence of debt assigned
by the said corporation by endorsement thereon, shall ena-
ble the assignee thereof to maintain an action thereupon
in his own name; but every note, bill or evidence of debt,
purporting to be a bank note to be issued by the said corpora-
tion, shall be deemed and taken to be payable at the bank-
ing house of the said corporation, unless otherwise speci-
fied on its face.
Rates of inter- Sec. 23. It shall be lawful for the said corporation, and
est allowed. ^ey are hereby authorized, to demand and receive, for all
sums of money loaned by them, the following rates of inte-
rest, to wit: On loans for sixty days or under, at the rate
of six per cent, per annum; on loans over six months and
under twelve, eight per cent, per annum: Provided, That

the interest may be taken in advance and in accordance
with the usual practice of banking institutions.

Sec. 24. The said corporation shall not issue or have in Note? in drcu-
circulation at any time an amount of notes or bills put in lation not to ex-
circulation as money, exceeding twice and a half of its capi- a^aifSfcS
tal stock paid in and possessed, exclusive of the sums due on tai stock.
deposites; nor shall its loans and discounts at any time ex-
ceed three times the amount of such stock, exclusive of
the deposites as aforesaid; and in case of excess, the
directors, under whose administration it shall have hap-
pened, shall be liable in their natural and private capaci-
ties. Any director or directors who may be absent when
such excess is created or contracted, or who may have
dissented from the act whereby the same was created or
contracted, may respectively exonerate themselves from
being so liable, by entering his protest to the same on the
book of the minutes of the proceedings of the said cor-
poration.

Sec. 25. If, at any time, the corporation hereby created, Refusal to re-
shall neglect or refuse, for ten days after demand, at the ofe^bp,denC€
banking house, during the regular hours of business, to re-
deem, in specie, any evidence of debt issued by the said
corporation, the said corporation shall discontinue and
close all its operations of business, except the securing
and collecting of debts clue or to become due to the said
corporation, and the charter hereby granted shall be for-
feited.

Sec. 26. The said corporation shall be liable to pay to Payment de-
the holders of every evidence of debt made by it— the j-"^ed and rc"
payment of which shall have been demanded and refused
damages for the non-payment thereof in lieu of interest at
and after the rate of ten per centum per annum, from the
time of such refusal until the payment of such evidence ot
debt and the damages thereon.

Sec. 27. The stock of the said corporation shall be as- *tock aasigna-
signable and transferable according to such rules as shall ble
be adopted, in that behalf, by the by-laws and ordinances
thereof.

Sec 28. Whenever the one hundred thousand dollars When the am»t
reserved in this charter to be subscribed for by the State ed to the State
of Illinois, shall have been, by virtue of law, subscribed shall be sub-
for, and the amount thereof paid in by the said State, the scribed.
Governor shall nominate, and, by and with the advice and
consent of the Senate, appoint two directors on the part of
the State, to represent her in the said corporation, whose
rights, powers and duties, shall be, in all respects, the same
as those of the directors chosen by the stockholders.

Sec 29. It shall be the duty of the directors of the said Directors shall
corporation, to make dividends half-yearly, or otherwise, ,nakcdividends

of profits.

Expenses in-
curred by com-
missioners, how
paid.

To be deemed
a public act.

Conveyances to
be signed by the
president.

Shall not issue
bills of less than
five dollars.

■Stock to be
deemed person^
al property.

Tax or bonus.

of so much of the surplus profits arising from the business
of the said corporation, as they, or a majority of them,
shall deem advisable.

Sec. 30. The expenses incurred by Commissioners in
executing any duties required by this act, shall be paid out
of the moneys received by them, from the subscribers, out
of the capital stock.

Sec. 31. The Legislature of this State shall never pass
any law retarding, obstructing, staying, protracting, or in
any wise suspending the collection of any debt or debts
due the said Bank.

Sec. 32. This act shall be taken and received by all
Courts, and by all Judges, Magistrates, and other public
officers, as a public act, and shall be construed liberally for
all beneficial purposes therein intended; and all printed
copies of the same which shall be printed by or under the
authority of the General Assembly, shall be admitted as
good evidence thereof without any other proof whatever.

Sec. 33. All conveyances of real estate shall be made
and signed by the President of this corporation, and shall
have affixed to said conveyance the seal thereof.

Sec. 34, It shall not be lawful for this corporation, un-
der penalty of the forfeiture of its charter, to issue any
bank bills of a less denomination than five dollars; and
the power is hereby reserved to the Legislature, fifteen
years after the passage of this act should it be considered
advisable, to further restrict the corporation from issuing
any bank bills of a less denomination than ten dollars.

Sec. 35. The stock in said Bank shall be considered as
personal property, and may be sold on execution, and
transferred on the books of the Bank by the officer selling
the same, but in all cases be subject to a lien in favor of
the Bank, for all debts bona jide due, or then owing and to
become due the same from the owner.

Sec. 36. The said Bank shall pay into the State Trea-
sury annually, on the first day of January, one half per
cent, on the amount of capital stock actually paid in by
individuals, in lieu of all taxes and impositions whatsoever:
Provided, That if said Bank shall abuse any of its corpo-
rate powers, by interfering in any of the elections of this
State, other than that of its own officers, the said Bank
and its Branches shall forfeit its charter, and cease to exist.

Approved. Feb. 12, 1 835.

AN ACT to incorporate the President, Directors and Com-
pany of the Bank of Illinois at Shawnectoivn.

Sec. 1. Be it enacted by the Legislative Council and House
of Representatives of the Illinois Territory, and it is hereby
enacted by the authority of the same, That a Bank shall be
established at Shawneetdwn, the capital stock whereof shall
not exceed three hundred thousand dollars, to be divided
into shares of one hundred dollars each, one-third thereof
to remain open to be subscribed by the Legislature of this
Territory, or State, when a State Government shall be
formed, which Territory or State, shall be entitled to such
part of the dividend of the said corporation in proportion
to the amount actually subscribed by such Territory or
State, which one-third shall be divided into shares of one
hundred dollars each, in the same manner as the individual
stock is divided, and that subscriptions for constituting the
said stock shall, on the first Monday in January next, be
opened at Shawneetown, and at such other places as may
be thought proper, under the superintendence of such per-
sons as shall hereafter be appointed, which subscriptions
shall continue open until the whole capital stock shall have
been subscribed for: Provided, hoicever, That so soon as
there shall be fifty thousand dollars subscribed for in the
whole, and ten thousand thereof actually paid in, the said
corporation may commence business and issue their notes
accordingly.

Sec. 2. Be it further enacted, That it shall be lawful for
any person, or partnership, or body politic, to subscribe for
such or so many shares as he, she, or they may think fit,
nor shall there be more than ten shares subscribed in one
day by any person, co-partnership or body politic, for the
first ten days after opening the said subscriptions. The
payments of said subscriptions shall be made by the sub-
scribers respectively, at the time and manner following —
that is to say, at the time of subscribing there shall be paid
into the hands of the person appointed to receive the same,
the sum of ten dollars in gold or silver on each share sub-
scribed for, and the residue of the stock shall be paid at
such times and in such instalments as the directors may
order: Provided, That no instalment shall exceed twenty-
five per cent, on the stock subscribed for, and that at least
sixty days notice be given in one or more public newspa-
pers in the Territory: And provided, also, That if any
subscriber shall fail to make the second payment at the
time appointed by the directors for such payment to be
made, shall forfeit the sum so by him, her or them first
paid, to and for the use of the corporation.

Sec- 3. Be it further enacted, That all those who shall

become subscribers to the said Bank, their successors and
assigns, shall be and they are hereby enacted and made a
corporation and body politic, by the name and style of
"The President, Director and Company of the Bank of Il-
linois," and shall so continue until the first day of Janu-
ary, one thousand eight hundred and thirty-seven, and by
that name shall be and hereby made able and capable in
law, to have, purchase, receive, possess, enjoy, and retain,
to them and their successors, lands, rents, tenements,
hereditaments, goods, chattels and effects of what kind,
nature or quality soever, to an amount not exceeding in
the whole, five hundred thousand dollars, including the
capital stock aforesaid, and the same to grant, demise,
alien, or dispose of, to sue and be sued, plead and be implead-
ed, answer and be answered, defend and be defended, in
courts of record or any other place whatever; and also, to
make, have and use a seal, and the same to break, alter
and renew at pleasure, and also to ordain, establish and
put in execution, such by-laws, ordinances and regulations
as they shall deem necessary and convenient for the gov-
ernment of the said corporation, not inconsistent with the
laws of the Territory or constitution, and generally to do,
perform and execute all and singular acts, matters and
things which to them it may appertain to do, subject how-
ever to the rules, regulations, limitations and provisions
hereinafter prescribed and declared.

Sec. 4. Be it further enacted, That for the well ordering
of the affairs of the said corporation, there shall be twelve
directors, the first election for whom shall be by the stock-
holders, by plurality of votes actually given, on such day
as the persons appointed to superintend the subscriptions
for stock shall appoint, by giving at least thirty days no-
tice in all the public newspapers of the Territory, and
those who shall be duly chosen at any election, shall be
capable of serving as directors by virtue of such choice,
until the full end or expiration of the first Monday of Janu-
ary next ensuing the time of such election, and no longer;
and on the said first Monday of January in each and every
year thereafter, the election for directors shall be holden,
and the said directors at their first meeting after each elec-
tion, shall choose one of their number as President.

Sec. 5. Be it further enacted. That in case it should hap-
pen at any time that an election for directors should not be
had upon any day, when, pursuant to this act, it ought to
have been holden, the corporation shall not for that cause
be considered as dissolved, but it shall be lawful to hold an
election for directors on any other day, agreeably to such
by-laws and regulations as may be made for the govern-
ment of said corporation, and in such case the directors,

for the time being, shall continue to execute and discharge
the several duties of directors until such election is duly
had and made; any thing in the fourth section of this act
to the contrary notwithstanding: And it is further provided,
That in case of death, resignation or removal of director
or directors, the vacancy shall be filled by election for the
balance of the year.

Sec. 6. Be it further enacted, That a majority of the di-
rectors, for the time being, shall have power to appoint
such officers, clerks and servants under them, as shall be
necessary for executing the business of the said corpora-
tion, and to allow 'them sucli compensation for their servi-
ces respectively as shall be reasonable, and shall be capa-
ble of exercising such other powers and authorities for the
well governing and ordering of the affairs of the said cor-
poration as shall be prescribed, fixed and determined by
the laws, regulations and ordinances of the same: Provi-
ved always, That a majority of the whole number of direc-
tors shall be requisite in the choice of a President and
Cashier.

Sec. 7. Be it further enacted, That the following rules,
restrictions, limitations and provisions, shall form and be
the fundamental articles of the Constitution of the said
corporation, to wit: — The number of votes to which the
stockholders shall be entitled in voting for directors, shall
be according to the number of shares he, she or they may
respectively hold, in the proportions following — that is to
say, for one share and not more than two shares, one vote;
for every two shares above two, and not exceeding ten,
one vote; for every four shares above ten and not exceed-
ing thirty, one vote; for every six shares above thirty and
not exceeding sixty, one vote; for every eight shares above
sixty and not exceeding one hundred, one vote; and for
every ten shares exceeding one hundred shares, one vote;
and after the first election, no share or shares shall confer
a right of voting, which shall not have been holden three
calendar months previous to the day of election.

2. The Governor of the State or Territory, is hereby
appointed agent for the Legislature, to vote for President,
Directors and Cashier of said Bank, and is hereby entitled
to exercise the right of voting for the same in proportion
to the number of shares actually subscribed for by the Le-
gislature, in the same ratio that individuals, or other bodies
politic or corporate are entitled to vote for; and the said
agent hereby appointed, shall exercise the power hereby
vested in him until the Legislature shall make other regu-
lations respecting the same, and no longer.

3. None but a bonajide stockholder being a resident citi-
zen of the Territory, shall be a director; nor shall, a direc-

tor be entitled to any other emolument than such as shall
be allowed by the stockholders at a general meeting, but
the directors may make such compensation to the Presi-
dent for his extraordinary attendance at the Bank, as shall
appear to them reasonable and just.

4. Not less than four directors shall constitute a board
for the transaction of business, of whom the President
shall always be one, except in case of sickness, or neces-
sary absence, in which case, his place may be supplied by
any other director, whom he, by writing under his own
hand, may depute for that purpose.

5. Any number of stockholders, not less than fifteen,
who shall be proprietors of not less than fifty shares, shall
have power to call a general meeting of the stockholders
for purposes relative to the institution, by giving at least
thirty days notice in one or more of the public newspa-
pers of the Territory, specifying in such notice the object
or objects of such meeting, and may, moreover, appoint
three of their members as a committee to examine into the
state and condition of the Bank, and the manner in which
its affairs have been conducted: Provided, That no mem-
ber of such committee shall be a Director, President or
other officer of any other Bank.

6. Every Cashier before he enters upon the duties of his
office, shall be required to give bond with two or more sure-
ties to the satisfaction of the directors, in a sum not less
than ten thousand dollars, conditioned for his good beha-
vior, and the faithful performance of his duties to the said
corporation, and the other officers and servants shall also
enter into bond and security in such sum as the President
and Directors may prescribe.

7. The lands, tenements, and hereditaments which it
shall be lawful for the said corporation to hold, shall be
only such as shall be requisite for its immediate accommo-
dation in relation to the convenient transaction of its busi-
ness, and such as shall have been, bona fide, mortgaged to
it by way of security, or conveyed to it in satisfaction of
debts previously contracted in the course of its dealings,
or purchased upon judgments which shall have been ob-
tained for such debts.

8. The total amount of debts which the said corpora-
tion shall at any time owe, whether by bend, bill, note or
other contract, shall not exceed twice the amount of then-
capital stock actually paid over, and above the moneys
then actually deposited in the Bank for safe keeping; and
in case of excess, the directors, under, whose administra-
tion it shall happen, shall be iiabie for the same in their na-
tural and private capacities, ani an action of debt may be
brought against them, or any of them, their or any of their

heirs, executors or administrators, in any court competent
to try the same, or either of them, by any creditor or
creditors of the said corporation; but this provision shall
not be construed to exempt the said corporation, or the
lands, tenements, goods or chattels of the same from being
liable for, and chargeable with the said excess; such of the
said directors who may have been absent when the said ex-
cess was contracted or created, or who may have dissent-
ed from the resolution or act, whereby it was contracted
or created, may respectively exonerate themselves from
being so liable, by forthwith giving notice of the fact, and
of their absence or dissent, at a general meeting of the
stockholders, which they shall have power to call for that
purpose.

9. The said corporation shall not directly or indirectly
deal or trade in any thing except bills of exchange, gold
or silver, or in the sale of goods really and truly pledged
for money lent and not legally redeemed in due time, or of
goods which shall be the produce of its lands; neither shall
the said corporation take more than at the rate of six per
cent, per annum for or upon its loans or discounts.

10. The shares of the capital stock of the said corpora-
tion shall be assignable and transferable at any time, ac-
cording to such rules as shall be established in that behalf,
by the laws and ordinances of the same; but no stock
shall be transferred, the holder thereof being indebted to
the Bank, until such debt be satisfied, except the President
and Directors shall otherwise order it.

11. The bills, obligatory and of credit, under the seal of
the said corporation, which shall be made payable to any
person or persons, shall be assignable by an endorsement
thereupon, and shall possess the like qualities as to nego-
tiability, and the holders thereof shall have and maintain
the like actions thereon as if such bills obligatory and of
credit, had been made by or on behalf a natural person;
and all bills or notes which may be issued by order of the
said corporation, signed by the President and countersign-
ed by the principal Cashier, or Treasurer thereof, promis-
ing the payment of money to any person or persons, his,
her or their order, or to bearer, though not under the seal
of the said corporation, shall be binding and obligatory
upon the same, in like manner and with like force and ef-
fect, as upon any private person or persons, if issued by
him, her or them, in his, her or their private or natural ca-
pacity or capacities, and shall be assignable and negotiable
in the like manner as if they were so issued by such pri-
vate person or persons — that is to say, which shall be paya-
ble to any person or persons, his, her or their order — shall
be assignable by endorsement, in like manner and with

like effect as bills of exchange now are; and those which
are payable to bearer, shall be assignable and negotiable
by delivery only.

12. Half yearly dividends shall be made of so much of
the profits of the Bank as shall b». deemed expedient and
proper; and once in every three years, the directors shall
lay before the stockholders, at a general meeting, an exact
and particular statement of the debts which shall have re-
mained unpaid, after the expiration of the original credit, for
a period of treble the time of that credit, and of the surplus
of profit, (if any) after deducting losses and dividends. If
there shall be a failure in the payment of any part of any sums
subscribed to the capital stock of said Bank, the party failing
shall lose the dividend which may have accrued prior to
the time of making such payment during the delay of the
same.

Sec. 8. And be it further enacted. That the said corpora-
tion shall not at any time suspend or refuse payment in
gold and silver, of any of its notes, bills or obligations, nor
of any moneys received upon deposite in said Bank, or in
its office of discount and deposite ; and if the said corpora-
tion shall at any time refuse or neglect to pay on demand,
any bill, note or obligation, issued by the corporation ac-
cording to contract, promise or undertaking therein ex-
pressed, or shall neglect or refuse to pay on demand, any
moneys received in said Bank, or in its office aforesaid on
deposite, the person or persons entitled to receive the same,
then, and in every such case, the holder of any such note,
bill or obligation, or the person or persons entitled to de-
mand and receive the same, shall recover interest on the
said bills, notes, obligations or moneys, until the same shall
be fully paid and satisfied, at the rate of twelve per centum
per annum, from the time of such demand as aforesaid:
Provided, That the Legislature of this Territory may, at
any time hereafter, enact laws to enforce and regulate the
recovery of the amount of the notes, bills, obligations, or
other debts, of which payment shall have been refused as
aforesaid, with the rate of interest above mentioned; vest-
ing jurisdiction for that purpose in any courts either of law
or equity within this Territory.

Sec. 9. Be it further enacted, That John Marshall, Da-
vid Apperson, Samuel Hays, Leonard White, and Samuel
It. Campbell, or any three of them, shall be commissioners
for the purpose of receiving subscriptions, and who shall
have power to appoint a person to receive the money re-
quired to be paid at the time of subscribing; and the said
receiver shall, as soon as the directors arc appointed, pay
over the same into the hands of such person as the direc-
tors may direct.

Sec. 10. Be it further enacted, That the aforesaid cor-
poration shall not be dissolved previous to the expiration
of their charter, nor until all their debts, contracts, notes,
bills of exchange and undertakings in their corporate ca-
pacity, shall be finally and faithfully settled: Provided, also,
That after the expiration of their charter, they shall not
transact business according to the true intent and mean-
ing of this act, further than to settle and close their con-
tracts as above provided. This act to take effect from and
after its passage.

WILLIS HARGRAVE,
Speaker of the House of Representatives, pro tern.
PIERRE MENARD,
President of the Legislative Council.
Approved, December 28, 1816.

NINIAN EDWARDS.

AN ACT to extend, for a limited time the Charter of the I" force Feb.
Bank of Illinois at Shawneetown. 12' 18"r>-

Sec. 1. Be it enacted by the people of the State of Illinois, Charter cxten-
represented in the General Assembly, That the Act of the c ec '
Legislature of the late Territory of Illinois, entitled "An
act to incorporate the President, Directors and Company
of the Bank of Illinois," approved December 28th, 1816,
be and the same is hereby continued in force for the term
of twenty years from the first day of January, 1837; and
the said corporation is hereby authorized to demand and
receive, for loans made, the following rates of interest, to
wit: On loans for six months or under, at the rate of six
per cent, per annum; and on loans over six months, at the
rate of eight per cent, per annum.

Sec. 2. Stock in said Bank, on which payments shall not Stock to be for-
be made in pursuance of regular calls made by the board fe5ted when
of directors, shall become forfeited to the said [Bank, and jjotmacJin
shall be open again to be subscribed for, and taken by any pursuance of
other person or persons, in such public mode as the board re?,jIar calls-
of directors shall prescribe, of which reasonable public no-
tice shall be given: Provided, That said Bank shall refund
to the original proprietors thereof whatever amount (but
without interest or dividends) shall have been actually paid
in by them on such stock.

Sec 3. It shall be the duty of the Governor of this State, DutyoftheGn-
within three months from the passage of this act, to cause ^^ the Sock
public notice to be given, in such newspapers in this State, reserved and to

be subscribed and elsewhere, as he shall judge proper, that on the first
for by the state. ^ay Qf jvjay next, the one hundred thousand dollars of the
stock of said Bank, reserved by the Charter thereof to be
subscribed for by the State, will be sold at the Banking-
house in Shawneetown, to the highest bidder; and on that
day he shall cause to be sold, as aforesaid, for the highest
premium which can be got, the said one hundred thousand
dollars of stock, in lots of not less than ten shares, nor
more than fifty shares at a time; and the said stock, when
thus sold, shall be entered on the books of the Bank, in the
names of the purchasers thereof, and shall be subject to
the same rules and regulations as other stock in said Bank;
and if said stock should not be sold on the said day, the
same shall be and remain open for subscription on the
books of said Bank until the same shall be all subscribed
for and taken. The premium for which said stock shall be
sold, shall be paid into the State Treasury for the use of
the people of the State: Provided, That said Bank shall
pay into the State Treasury, annually, one half per cent,
on the capital stock actually paid into said Bank, to be
used for State purposes; and said Bank shall be exempt
from further taxation in consideration thereof.

Approved, Feb. 12, 1835.

In force Feb. AN ACT to provide for the distributio7i and application of
7» 1835- the interest on the School, College and Seminary funds.

School com-
missioners to
provide ac-
count books.

Accounts how
kept.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the commission-
ers of the school fund are hereby required to provide a
well bound book, in which they shall keep the accounts of
the School, College and Seminary funds — the accounts
shall be kept, separately, in the manner following: The
commissioners shall charge themselves with the amount of
each sum received, on the date of receiving the same, and
credit themselves with each sum paid and loaned out, show-
ing the date of each payment or loan; they shall charge
the State with the State paper and Auditor's warrants pur-
chased, showing the date and amount of each purchase,
and shall charge interest on the said State paper and Audi-
tor's warrants, at the rate of two per cent, per annum
from the date of purchase to the fifteenth of February, one
thousand eight hundred and thirty-one, and on that day add
the interest to the principal, and then charge interest on
the sum produced by such addition at the rate of six per

cent, per annum for one year; and at the end of every
year thereafter, the interest shall be added to the princi-
pal, and bear interest at the rate aforesaid the succeeding
year; they shqjl in like manner charge the State with each
sum loaned, snowing the date and amount of each loan,
and charge interest on such loan or loans, at the rate of
six per cent, per annum for one year, and at the end of
every year the interest shall be added to the principal, and
bear interest at the rate aforesaid. The accounts shall be
continued in manner aforesaid to the last day of December
in the year one thousand eight hundred and thirty-three,
and on that day the interest shall be added to the* princi-
pal of each sum, and the sums produced by such addition,
are hereby declared to be principal; and the interest shall
thereafter be charged upon the said principal in manner
aforesaid, until the State shall refund the same; and no
part of said principal shall be paid out as interest, nor un-
less expressly authorized by law; nor shall any law provi-
ding for the appropriation of interest on either of said
funds, be so construed as to apply to interest accruing pre-
vious to the said last day of December, one thousand eight
hundred and thirty-three.

Sec. 2. The Commissioners of the School fund of the Interest on
State, shall annually loan to the School fund the interest J°^a/nf„ d
of the College and Seminary funds, to be added to the in- tu"bT loaned to
terest of the school and township funds, for distribution the school fund
among the several schools in the State established under annually-
this lawT.

Sec 3. The Commissioners of the School fund of the Said interest w
State, are hereby required to distribute and pay out the in- tdbuted to the
terest which may have accrued on the said School, College several coun-
and Seminary funds, on the first Monday of January, in ties-
the year one thousand eight hundred and thirty-six, and on
the first Monday in January annually thereafter, for the
encouragement of learning, in the manner and upon the
terms and conditions hereinafter provided.

Sec. 4. The Commissioners of the School fund shall as- 4nd in ProPor-

.... , - , , , , • it tion tothemim-

certam from the returns ot the census to be taken in the ber ot- jlinabi-
year one thousand eight hundred and thirty-five, the num- tants in each
ber of white persons in each county under twenty years undei' twenty

. 1 . r ■• ■ iii years ol age.

-ot age, and also the amount ot interest due the several
funds aforesaid, on the first day of January, one thousand
eight hundred and thirty-six, and apportion the interest
among the several counties in proportion to the number ot
persons under the age aforesaid, and certify the amount
due to each county, to the Auditor, whose duty it shall be
to issue a warrant on the Treasurer in favor of each School
Commissioner for the amount due to his county, and the
interest shall be apportioned annually thereafter and distri-

To be paid to
the teachers of
schools.

Proviso.

In case the in-
terest should
amount to more
than enough to
pay half the
amount due
.teachers, how
.disposed of.

Township
funds to be
separate from
county funds.

buied as aforesaid, until the next census shall have been ta-
ken, and on the first day of January in every year next af-
ter the taking of the census of the State, the said Commis-
sioners shall°make a new apportionment of interest, and
cause the same to be distributed in the manner and upon
the terms aforesaid.

Sec. 5. It shall be the duty of the School Commissioners
of counties to receive from the Treasurer the amount of
any and all warrants which may be drawn in manner and
for the purposes aforesaid, and to distribute the same among
the teachers of schools, who may have kept schools in con-
formity with the provisions of the act entitled "An act to
provide for the application of the interest of the fund arising
from the sale of school lands belonging to the several town-
ships in this State, approved first of March, 1833:" Pro-
vided, That no teacher shall be entitled to receive more
than one half of the amount, due him for services rendered
within the twelve months preceding the first of November
previous to the time of making such distribution; and if the
interest in the hands of a School Commissioner m any
county, shall, at the time of distribution, amount to more
than enough to pay one half of the amount due the teach-
ers in his county, then the overplus shall be set apart as a
county fund, and shall never thereafter be subject to distri-
bution, but shall forever remain as a principal fund, to be
denominated "The County School Fund," to be loaned out by
the School Commissioner of the county as township funds;
and the interest accruing thereon, shall be subject to dis-
tribution for the support of schools in the county, in the
same manner and under the like regulations as is or may
be prescribed for the distribution of the interest on the
State fund: Provided, That in making the distribution of
the State fund for the present year, no teacher shall be
paid for any service rendered before the first day of June-,

next.

Sec. 6. No part of any township fund shall be made to
constitute any part of a county fund; and teachers employ-
ed in townships having no productive fund, who keep,
schedules and make returns as is required m townships
having productive funds, shall be entitled to a distributive
share of the State fund, and the township funds shall be
paid to teachers at the time now required by law..
1 Approved, Feb. 7, 1835.

AN ACT concerning the School Fund. I" force Feb.

6, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Commissioners
represented in the General Assembly, 'That the Commission- ofsa]d luiui au_
ers of the School Fund be, and they are hereby required moreSie^S
to receive the whole amount of the School Fund belong- from u. States
ing to this State, and now deposited in the Branch Bank Bank into State
of the United States at St. Louis, and deposite the same in ieasul>-
the Treasury of the State; and the Treasurer is hereby
required to receive said money, and receipt for the same;
and the said money, when so received, shall be applied to How applied.
the payment of demands against the Treasury, in the same
manner as money derived from the ordinary sources of re- gtate t0 W in"
venue, and the State shall be chargeable with the interest game at six pri-
on the same, at the rate of six per cent, per annum, the in- cent,
terest to be added to the principal annually: Provided, That Prqviso.
if any law shall be passed at the present session of the Gen-
eral Assembly to distribute the interest or principal of said
fund, the Treasurer shall, on the warrant of the Auditor,
pay over to the said School Commissioner the amount so
loaned to the State, out of any money in the Treasury not
otherwise appropriated, to be distributed according to law..
This act to take effect from its passage.

Approved, Feb. 6, 1 835.

AN ACT to amend an act, entitled "An act to provide for In few* Feb.
the application of the interest of the fund arising from, the '
sale of the School Lands belonging to the several townships
in this State," approved, March 1, 1833.

Sec. 1. Be it enacted by the people of the State of Illinois, Parts of said

represented in the General Assembly, That the tenth section act 'ePealcd-
of the act to which this is an amendment, and so much of
said act as provides for gratuitous instruction, be, and the
same are hereby repealed.

Sec. 2. That the eleventh section of the said act, so far Act repealed,
as it dispenses with a valuation of the sixteenth sections in
the several townships, is hereby repealed; and the law re-
quiring a valuation by trustees, is hereby revived.

Sec. 3. That the trustees of school lands, or a majority Trustees may
of them, shall have power to lease any of said lands, from j^sdessch0°1
year to year, upon terms most conducive to the interest of
the township. Sha]1 over

Sec. 4. The trustees shall pay over to the School Com- rents £ 'school
missioner all rents which they collect on leases as aforesaid, commissioner.

I Hi

In case of les- j^c. 5, jf anv lessee or lessees, his, her or their heirs or
wLte°Qnsaid assi»ns> or any other person or persons, shall cut down or
lands. destroy any more wood or timber than may be necessary

for the improvement and cultivation of the lot so leased,
or shall do any damage to the said leased premises, or com-
mit any waste thereon, every such lessee or lessees, or
other persons, shall be liable to said trustees in an action
for damages, commenced in the name of said trustees, and
the said lessees shall moreover, upon conviction thereof,
forfeit such lease.
Failing to pay Sec. 6. In all cases of a failure or refusal to pay the rent
rent. juc allci owing on any land leased under the provisions of

this act, whenever the same shall become due, it shall and
may be lawful for the trustees in their respective town-
ships, to sue out a distress warrant, which shall be return-
ed to the justice issuing the same, and the same proceed-
ings shall be had thereon as in other cases of distress for
rent.

Inhabitants of Sec. 7. Any number of inhabitants of any township may
townships may associate themselves together, and purchase a quantity of
rckeTto4thei" 'ana< no^ exceeding ten acres, and procure a conveyance
for school pur- of the same, to be made to the trustees of school lands in
poses. tne township, by their corporate name, and erect thereon

a school house, and make such other buildings and improve-
ments thereon as they may deem necessary for the encour-
agement of learning and science generally, and such land
and improvements shall be held by the said corporation for
the use of the persons associating themselves together as
aforesaid, and their successors and assigns forever; and
shall not be applied to any other purpose, nor in any other
manner than shall or may be directed by the persons as-
sociated as aforesaid.

Approved, Feb. 7, 1835.

In force Feb. AN ACT to authorize the sale of certain School Land
65 1835. therein named.

Sec. 18 T. 5 S. Sec. 1. Be it enacted by the people of the State of Illinois,
Wr/4 W' in rePresented ?n ^le General Assembly^ That the sixteenth
authorized"" be section in township five south, of range fourteen west, in
sold. White county, may be sold in the manner now prescribed

by law, upon the petition of a majority of the inhabitants
of said township, any law to the contrary notwithstand-
ing. This law to take effect from and after its passage.

Approved, Feb. 6, 1835.

AN ACT providing for the security of School Funds. In fo^c Feb.
y y J 12, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Form of mart-
represented in the General Assembly, That mortgages to be ta- &&•
ken by school commissioners and agents for the inhabitants
of counties, may be in the following form: I, A. B., of the
county of , and State of , do assign over and

transfer to E. F., school commissioner and agent for the
inhabitants of the county of , for the use of the in-

habitants of township , range , (or of the

county,) the following described real estate, (here describe*
the estate,) which real estate I declare to be in mortgage
for the payment of dollars this day loaned to me

by the said school commissioner, with per cent, in-

terest per annum thereon until paid; and I hereby cove-
nant that the title to said real estate is free from all encum-
brance, that I will pay all taxes and assessments which
may be levied upon said estate; and I further agree that if
I do not pay the interest on said sum annually, and the
principal when due, that the said real estate may be sold
by the said commissioner in conformity with the laws of
the State, and that I will deliver immediate possession to
the purchaser. Witness my hand and seal, this day

of ,18 , which mortgage shall be accompanied

with a note for the amount loaned, and shall be valid to all
intents and purposes.

Sec 2. If any person shall make default in the payment Failure to pay
of interest as it becomes due and payable, such interest ,nUiest-
shall thereafter be considered principal, and interest at the
rate of twenty per cent, per annum shall be chargeable
and recoverable thereon; and if any person shall fail to
pay the principal sum borrowed at the time the same be- FailuiP ,0 Pay
comes due and payable, such person shall be chargeable '
with interest on such principal sum at the rate of twenty
per cent, per annum until paid; and the school commis-
sioners of counties shall be authorized to recover the pen-
alties aforesaid, in an action or suit on the note or mort-
gage given for the payment thereof.

Sec. 3. In all cases, where the school commissioner of Where addi-
anv county shall require additional security from any per- tional security

J „ , J } .. , , -j , * * . . is required and

son for the payment ol money loaned, and such security not given
shall not be given, the commissioner may sue for and re-
cover the amount loaned such person, upon making proof
of such requisition, together with the interest which may
have accrued at the time of obtaining judgment.

Sec 4. In the payment of debts by executors or admin- Debts due the
istrators, debts due to the school fund of the State, or any ^SUTlfii
county, or township, shall have a preference over all other have preference

■

oyer all others, debts, except funeral and other expenses attending the last
expenLt1161'11 sickness, not including the physician's bill.
School com-nis- Sec. 5. The county commissioners' courts of the several
sioners shall counties, shall require of the school commissioner and agent
give bond an- for the inhabitants of such counties, to execute a new bond
at the next June term of their respective courts, and to
execute a new bond annually thereafter; and if any com-
missioner as aforesaid, shall fail to execute such new bond,
the court shall thereupon remove such commissioner from
Proviso. office, and appoint a successor: Provided, That the court

may allow further time to such commissioner to execute
such bond, if in the opinion of the court, such further time
may be allowed without injury to the school funds in the
hands of such commissioner.
Record books, Sec. 6. All record books required to be kept by school
how paid tor. commissioners, shall be paid for out of the County Trea-
suries of the counties in which such books shall be used.
County com- Sec. 7. That the county commissioners' courts of the
missioners may several counties in this State, shall be authorized, when
co^mLibner tney may deem it expedient, to require of their school coin-
to give addi- missioner additional security for the money he may have
tionai security, received from the sales of school lands; and on any school
Failure to do commissioner refusing or failing to enter into additional se-
w; curity that may be satisfactory to such court, his office

shall be treated as vacant and filled accordingly; and for
good cause, to be entered on the record of the county com-
missioners' court, the commissioners of such county may
remove their school commissioner from office.
Inhabitants of Sec. 8. The inhabitants of any township in this State
townships who that may jiave kept a schedule for the year 1834, accord-
have not retur- • ,-r . .r n . ,. J r . 7 ,.

ned schedules ing to the provisions oi an act providing ior the apphca-
authorized to tion of the interest of the money arising from the sales of
do so- school lands, and who have not made return thereof to the

school commissioner according to law, shall be authorized
to make out their schedule, and return the same to the
school commissioner of such county, and such school com-
missioner shall be authorized to pay over such interest as
may be due such township for the year 1834, as though
the schedule had been returned according to law. This
act to be in force from and after its passage.

Approved, Feb. 12, 1835.

AN ACT to authorize a Special Election in Sangankon 'n f<ww Feb.

County. I2> 1835-

Sec. 1. Be it enacted by the people of the State of Illinois, Timc 0fhoid-
represented in the General Assembly, " That it shall be the inp; said alec-
duty of the county commissioners' court in the county of tio"
Sangamon, when they issue writs of election for Justices
of the Peace and Constables, which election is to take place
on the first Monday in August next, they shall, in addition
thereto, order a poll to be opened to elect one Senator, to
fill the vacancy occasioned by the resignation of George
Forquer, one of the Senators from the county aforesaid.

Approved, Feb. 12, 1835.

AN ACT to amend an act, entitled "An act to amend an in force Feb
act entitled an act to provide for the Election of Justices 6, 1335.
of the Peace and Constables" approved, January 7, 1835.

Sec. 1. Be it enacted bu the people of the State of Illinois, Constables
represented in the General Assembly, That when any new j^*1*^ f^.d
Justice's district may be laid out by the county commis- ticeis district
sioners' court of any county in this State, as provided for
in the act to wThich this is an amendment, Constables shall
be elected in such new districts in the same manner that
Constables are now elected in Justices districts.

Sec. 2. The Constables elected in said districts, shall be
subject to the provisions contained in the act contempla-
ted in the second section4of the act to which this is an
amendment.

Approved, Feb. 6, 1835.

AN ACT to amend an act, entitled "An act to provide for In force Jan.
the Election of Justices of the Peace and Constables:' 7» 1835-

Sec. 1. Be it enacted by the people of the State of Illinois, Ctountyeoin-^
represented in the General Assembly, That the county com-™"^"
missioners' courts in the several counties of this State, be, crease the num-
and they are hereby authorized to increase the number of Jf^?^
districts for the election of Justices of the Peace in their fcespeetiw
respective counties whenever they may deem the interest counties,
of the people require the same.

Manner of elec-
tion.

Acts repealed,

Sec 2. The Justices elected in said districts, shall be
elected in the manner, and be subject to the provisions
contained in the act to which this is an amendment.

Sec. 3. That so much of the act, to which this is an
amendment, as limits the number of Justices' districts to
eight in each county, be, and the same is hereby repealed.

Approved, Jan. 7, 1835.

Election, where
to be held.

In force Feb. AN ACT to provide for the Election of Justices of the Peace
Is*, 1835. and Constables therein named.

Two justices Sec. 1. Be it enacted by the people of the State of Illinois,
districts crea- represented in the. General Assembly. That the town of Lower

ted jn the town .\ . , . -, ,. • " , _ , . .

of Alton, Mad- Alton, in the county ol Madison, as denned by the corporate
ison county, boundaries thereof, be, and the same is hereby constituted
a district for the election of two Justices of the Peace and
two Constables.

Sec. 2. The county commissioners' court of said county
of Madison, is hereby authorized and required to cause an
election to be held on the first Monday in August next, and
at each quadrennial election for Justices of the Peace and
Constables thereafter, for two Justices of the Peace and
two Constables in said district, and the officers so elected
shall have and exercise the same jurisdiction, hold their of-
fices by the same tenure, and be under the same regula-
tions, in all respects, as other Justices of the Peace and
Constables in this State.

Sec 3. The county commissioners' court of Green coun-
ty is hereby authorized to cause a Special Election to be
held at White Hall for one Justice of the Peace and one
Constable, on the fifteenth day of March next, to be con-
ducted according to the provisions of "an act to provide
for the election of Justices of the Peace and Constables,"
and the said Justices of the Peace and Constables, when
elected, shall hold their offices until the next general elec-
tion to be held by the provisions of the above recited act.
The north half of section two, in township eleven north,
range twelve west, and the south half of section thirty-
five, in township twelve north, and range twelve west,
shall constitute a district for the election of one Justice of
the Peace and one Constable, until the boundaries of the
same shall be changed by the county commissioners' court
of said county.

Approved, Feb. 12, 1835.

Certain justi-
ces districts
created in
Green county.

AN ACT providing for the sale of the fractional sixteenth h force Jao.

section, in township six north, range twelve west, and such ''' lt!3•^,•
other lands as have been selected in lieu of the sixteenth sec-
tion in the fractional townships, on the Mississippi and Il-
linois Rivers, in Green county.

Sec. 1. Be it enacted by the people of the State of Illinois, School commis-
represented in the General Assembly, That upon the petition t^rit°%
of three-fourths of the inhabitants of township six north, IUL on *ite
of range twelve west, in Green county, for the sale of the petitioncfthVee
fractional sixteenth section in said township, it shall be the SSStam sof
duty of the school commissioner to sell said fractional six- thetoiiShip.
teenth section, according to the laws providing for the sale
of such lands, either in town lots, or such other divisions
or subdivisions as the trustees of such township may di-
rect.

■ Sec. 2. That such lands as have been selected in the lieu Lands selected
of the sixteenth sections in fractional townships, upon the in.lieu of ceT>
Mississippi and Illinois Rivers, in Green county, may be Sn/may'be"
sold, or any portion thereof belonging to either of "said sold!
fractional townships, upon the petition of three-fourths of
the inhabitants of said townships, or if there be not ten
inhabitant voters in said townships, said lands may be sold
by the petition of any fifty legal voters of the county in
which such lands lie, in the same manner as other lands
are sold, under the laws providing for the sales of section
sixteen, in the different counties in this State; and the mo-
neys accruing from the sale of said lands, shall be disposed
of, in the same manner, for the benefit of the inhabitants
of the several townships, as other moneys derived from the
sale of sections sixteen are.

Sec. 3. Be it further enacted, That should there be any Persons resis
person or persons living upon any of the lands selected in din£ tht'reon-
lieu of the sixteenth sections in said fractional townships
in Green county, or have any improvements thereon, they
may apply, after the same shall have been valued, (which
valuation shall be the same as if no improvement had been
made thereon,) to the school commissioners of said county,
who shall permit them to enter the same at the valuation
of the trustees of the township, to which said land belongs,
and if there should be no trustees in said township to
which the land belongs, then the county commissioners1
court of said county, shall appoint three disinterested men
of said county to make said valuation.

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

This bill having remained with the Council of Revision
ten days, Sundays excepted, and the General Assembly be-
ing in session, it has become a law the 17th January, 1835.

A. P. FIELD, Sec. of State.

In force Feb. AN ACT to provide for issuing writs of Ne Exeat and
1J> 1835- Habeas Corpus, and for other purposes.

Duty of circuit Sec. 1. Be it enacted by the people of the State of Illinois,
judges to aP- represented in the General Assembly, That it shall be the
point masters ^uty 0f g^ Circuit Judge, within his Judicial Circuit, in
in chancery. each county? to appoint a competent and qualified person
to be a master in Chancery in such county, who shall take
an oath to support the Constitution of this State and of the
United States, and also an oath that he will faithfully per-
form the duties of his office, which oath may be taken and
subscribed before any Justice of the Peace of the county.
Their powers. Sec. 2. That the said masters in Chancery, within their
respective counties, shall have power to order the issuing
of writs of Habeas Corpus, Ne Exeat and Injunction, in
the absence of the Judge presiding in such county, and
they shall perform such other services in aid of the Courts
of Chancery as are usual by the practice of the. Courts of
Chancery to be performed by them. They shall, also, when
a writ of Ne Exeat or Injunction is about to be ordered to
be issued by them, approve of the security.
FeeS Sec. 3. The said masters in Chancery shall be entitled

to the sum of one dollar for each application for a writ of
Injunction or Ne Exeat, to be paid by the party applying
in the first instance, and then taxed as other costs against
the unsuccessful party.

Sec. 4. For the services of the said masters m Chan-
cery, concerning references and reports made by them,
they shall be entitled to such reasonable compensation as
shall be allowed by the Circuit Court of the county, to be

taxed as other costs.

Approved, Feb. 11, 1835.

In force Feb. AN ACT to extend the Jurisdiction of Justices of the Peace j
13, 1835. in certain cases therein named.

Sec- 1. Be it enacted by the people of the State of Illinois A
s^topayter represented in the General Assembly, That if any Sheriff
moneys, how Coroner or other officer, shall fail, on demand made by the
proceeded complainant, his executors, administrators or lawful attor-
against. i oyer ony money C0n8Cted by virtue of any exe-

cution, process or fee bill, not exceeding one hundred dol-
lars, it shall be lawful for the party so aggrieved, or by nisfc
lawful attorney, to commence an action against such She-I|
riff, Coroner or other officer, and his securities, by sum- J

mons before any Justice of the Peace, and if upon hearing
the case, it shall appear to such Justice of the Peace, that
money has been collected upon such execution, process or
fee bill, and not paid over to the party entitled to the same,
on demand made as aforesaid; and if it shall appear further,
that the defendant or defendants sued with the Sheriff or
other officer, are his securities, by the production of the
original bond or a certified copy thereof, of the Sheriff,
Coroner or other officer, under the hand and seal of the
Clerk of the county commissioners' court, the said Justice
shall proceed to render judgment against said defendants
for the amount so received by snid Sheriff or other officer,
belonging to the plaintiff, with ten per cent, interest there-
on.

Sec. 2. And upon rendition of such judgment, execution, Execution to i§.
when application is made by the plaintiff, or his or her agent sue forthw,,h-
or attorney, shall issue forthwith against such Sheriff or
other officer and his securities, as in other cases, subject,
however, to be appealed by either party, under the same
rules and regulations as is provided for in other cases of
. judgments of Justices of the Peace. All acts and parts of Acts repealed,
acts coming within the meaning and purview of this act,
are hereby repealed.

Approved, Feb. 13, 1835.

AN ACT to authorize a Special Term of the Circuit Court \n forre jan.
in the County of Fayette. 24, 1835.

Sec. 1. Be it enacted bij the people of the State of Illinois, Judge required
represented in the General Assembly, That the Judge of the J?a,h°1rdm,0Il8pe"
Fayette Circuit Court be, and he is hereby authorized and ^Vja^uTry.
required to hold a Special Term of the said Court, in the
county of Fayette, on Wednesday, the 28th day of Janu-
ary, 1835, for the trial of John Robb, now in jail in said
county, charged with the crime of murder or manslaugh-
ter: Provided, That if the said John Robb shall be indict-
ed for murder, the said Court shall have power, if he shall
desire the same, to try the said John Robb upon such in-
dictment for murder, and if upon such trial for murder, the
said John Robb shall be found guilty of manslaughter or
other less offence, the Court shall have power to pronounce
judgment upon the verdict of the Jury, as though the said
John Robb had been tried at a regular term ol the Court
upon an indictment for the offence of which the said John
Robb may be found guilty.

Shall order gEc. 2. The said Judge shall issue an order to the Sheriff

monTurors"11" °^ tne sa*^ c°unty of Fayette, requiring him to summon
twenty-three Grand Jurors, and thirty-six Petit Jurors to
appear, at the day aforesaid, for the trial of said Robb.
Vested with Sec. 3. That said Judge is hereby vested with all power
certain power. an(j authority heretofore vested in the Judges of the Su-
preme Court while performing Circuit duties, and in all re-
spects to be governed by the law heretofore enacted rela-
tive to the duties of Circuit Judges.

Approved, Jan. 24, 1835.

In force Feb. AN ACT concerning public officers.

13, 1835.

Vacancies in Sec. 1 . Be it enacted by the people of the State of Illinois,
the office of represented in the General Assembly, That whenever any
done* how*13" vacancy shall happen in the office of County Commissioner
filled. by death, resignation or otherwise, the Clerk of the county

commissioners' court, when such vacancy shall occur, shall
appoint a day to hold a special election to fill such vacan-
cy, and shall give immediate notice to the several Judges
of elections to hold the same, which election shall be con-
ducted agreeable to the law regulating elections.
Part of act re- SEC. 2. That so much of the twenty-second section of an
pealed. act^ entitled "An act to provide for the raising a revenue,"

approved, Feb. 19, 1827, as requires a statement of the fis-
cal concerns of the counties to be made at the December
term of the county commissioners' court, be, and the same
is hereby repealed; and hereafter the statement of the fis-
cal concerns of the counties, shall be made out at the
March term of the county commissioners' court, annually.

Approved, Feb. 12, 1835.*

In force Feb.
9, 1835.

AN ACT to prevent trespassing on the Canal Lands of thi?

State.

Penalty for1 Sec. 1. Be it enacted by the people of the State of Illinois,

such trespasses, represented in the General Assembly, That hereafter, if any
person or persons shall, without legal authority, go upon
the Canal lands belonging to this State, and there cut, fell,
box, or in anywise destroy any tree or trees or other tim-
ber, standing or lying on said Canal land, or carry or haul

away any stone or coal from said lands, shall, upon indict-
ment, be fined in any sum not exceeding one hundred dol-
lars for each offence.

Sec. 2. It shall be the duty of every sheriff, coroner, Duty of sheriffs
constable and justice of the peace in the counties of this and other effi-
State, where the aforesaid lands lie, to take notice of, and cJrs '" relation
present all and every person so offending, to the next grand
jury of their respective counties in which the said offence
or offences against the first section of this act, has been
committed.

Sec. 3. It shall be the duty of the prosecuting attorney ™
in the sixth judicial circuit ot this State, to cause this act attorney.*
to be given in charge to the respective grand juries, (in the
counties in which said lands are situated,) whose duty it
shall be to inquire into, and make presentments of all per-
sons who may have violated the provisions of this act.

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

Approved, Feb. 9, 1835.

AN ACT, supplemental to "An act relative to Wills and jn force jime
Testaments. l, 1835.

Whereas, by the act, entitled "An act relative to Wills
and Testaments, Executors, Administrators, and the settle-
ment of Estates," no power is given a parent to appoint,
by Will and Testament, a guardian for his child or chil-
dren; and whereas, also, the common law recognizes no
such power —

Sec. 1. Be it enacted, therefore, by the people of the State Father of sound
of Illinois, represented in the General Assembly, That every inind n,ia)' dis-
father of sound mind and memory of a child likely to be P°?e °fWgecha*j
born, or of any living child, under the age of twenty-one during mmori-
years and unmarried, may, by his deed or last will duly l>r or less time-
executed, dispose of the custody and tuition of such child
during its minority, or for any less time, to any person or
persons in possession or remainder; and every mother of Mother being
sound mind and memory being sole, may, in like manner, gj^rkhT the
dispose of the custody and tuition of a child living, if a fa-
ther has made no such disposition, or in any other manner
restrained the right of the mother.

Sec. 2. Every such disposition, from the time it shall Suchdisposi-
take effect, shall invest in the person or persons to whom it tkm to vest the
shall be made, all the rights and powers, and subject him P«^ to whom
or them to all the duties and obligations of a guardian of.JJ^ Jf guar-
such minor, and shall be valid and effectual against every flan.

Proviso.

Shall have the
custody and
management
of the estate.

Guardians may
be removed by
complaint to the
circuit court.

Successor to
give bond.

other person claiming the custody or tuition of such minor:
Provided, That the rights, powers, duties and obligations
of such person or persons may be restrained and regulated
by the person making such deed or last will as aforesaid.

Sec. 3. Any person to whom the custody of any minor
is so disposed of, may take the custody and tuition of such
minor, and may maintain all proper actions for the wrong-
ful taking or detention of the minor; he shall also take the
custody and management of the real and personal estate of
such minor, unless restrained by the deed .or will as afore-
said, during the time for which such disposition shall have
been made, and bring such actions in relation thereto, as a
guardian appointed under the provisions of the laws of the
State.

Sec. 4. Guardians appointed under the provisions of this
act, shall be subject to removal upon complaint of any per-
son in behalf of the minor, to the circuit court of the coun-
ty in which such guardian may reside, and proof made of
malconduct or, misbehavior in the performance of his du-
ties, or of a failure to perform his duties, and upon the re-
moval of a guardian, the said court is hereby vested with
the power to appoint another guardian, and to make all
such orders as may be necessasy to compel the guar-
dian removed to deliver over to the successor the custody
of the minor, and to account for the estate, and pay over
all moneys belonging to the ward, and to compel such suc-
cessor to execute a bond with good security, in such pen-
alty and with such conditions as the court may deem ne-
cessary for the security of the rights of the minor, and the
said court shall also have power, upon application of any
person in behalf of the minor, to require all guardians ap-
pointed under the provisions of this act, by the father or
mother, or by the court, to give bond and security in such
penalty and with such conditions as the court may deem
necessary for the security and protection of the minors,
and of his or her estate.

This act shall take effect on the first day of June next.

Approved, Jan. 27, 1 835.

In force March AN ACT to change the County Line between Perry and
h 1835- Franklin Comities.

Part of law re- Sec. 1. Be it enacted by the people of the State of Illinois,

pealed. represented in the General Assembly, 1 hat so much of an act

creating Perry county, approved, January 29th, 1827, as

establishes the north east corner of said county, at the
north east corner of township number five south, of range
number one west, and so much as establishes the south east
corner of said county at the west corner of township six
south, of range one west, is hereby repealed.

Sec. 2. That the north east corner of Perry county shall Boundaries of
be established in the middle of Little Muddy river where sai(1. C0llnty es-
the line crosses said river, dividing townships three and tabhshed-
four; thence due west on the line between townships three
and four to the .north west corner of township four south,
of range four west; thence due south on the line between
ranges four and five eighteen miles, to the south west cor-
ner of township six south, of range four west; thence due
east on the line between townships six and seven to the
middle of Muddy river; thence north with its meanders to
the place of beginning.

Sec. 3. That all that tract of country lying west of Lit- County of Fer-
tle Muddy river, as before described, shall compose the ,y'
county of Perry, and all that tract of country lying east
of said river, heretofore belonging to the county of Perry,
shall compose a part of the county of Franklin; any for-
mer law to the contrary notwithstanding.

This act to take effect the first day of March next.

Approved, Feb. 6, 1835.

AN ACT to amend "An act prescribing the mode of Sum- In force Feb.
moning Grand and Petit Jurors, and defining their quali- 13> 1835>
jications and duties"

Sec. 1 . Be it enacted by the people of the State of Illinois, County com-
represented in the General Assembly, That the county com- jJJjf^JJJj'jJ1
missioners' courts of the several counties of this State, compensate ju-
shall have power to make an allowance out of the county rymen.
Treasury of their respective counties, to all Grand and
Petit Jurymen who may be regularly summoned, and shall
actually serve as such in the Circuit Court of their coun-
ties, a sum not exceeding seventy-five cents per day.

Sec. 2. The Clerk of the Circuit Court shall furnish to Clerk of circuit
each of the Jurors aforesaid, (and without fee,) whenever c°"Jt.t0 farniBh
he shall be discharged from further service by the Court at Sth^certifr
any term thereof, a certificate of the number of days he cate.
may have attended at such term, and upon the present-
ment thereof to the County Treasurer, he shall pay to such
person the sum above provided for his services: Provided, Proviso.
The Clerk shall not furnish such certificate, unless the

county commissioners' court shall have first made the al-
lowance as required in the first section.
Petit jmors' Sec. 3. That the fee of three dollars now paid under the
fee, and docket provisions of the act to which this is an amendment, for
stit'ute a fund compensating Petit Jurors; also, the docket fee now requi-
for the payment red by law to be paid by the unsuccessful to the success-
of jurors. fn\ party jn each suit in law or equity in any of the Circuit
Courts of this State, shall be paid to the Clerk of said Cir-
cuit Court, and by him to be paid over to the Treasurer of
the county for the use of the people thereof: Provided,
The same shall always remain as a fund for the payment
of Grand and Petit Jurors.

Approved, Feb. 13, 1835.

In force Feb. AN ACT supplemental to an act concerning the County of
13, 1835. Fulton, approved Feb. 25, 1833.

Sheriff to pay Sec. 1. Be it enacted bi/ the people of the State of Illinois,
residents' taxes fed j fh General Assembly, That the Sheriff of the

into the county i _ _ , 1 1 • 1 i i • i

treasury. County oi b ulton be, and he is hereby authorized to pay

all the taxes collected from the residents of said county,
into the County Treasury, in pursuance of an act to which
this is a supplement, for the year one thousand eight hun-
dred and thirty-three.

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

Approved, Feb. 13, 1835.

In force Feb. AN ACT to remove the Seat of Justice of Adams County.
15$, 1835.

Commissioners" Sec. 1 . Be it enacted by the people of the State of Illinois,
appointed to represented in the General Assembly, That George Wolf,
tobeVotedfor Jac°b Smith, and Daniel Harrison of Adams county, be,
as a county seat! and they are hereby appointed commissioners to select a
place to be voted for as the County Seat of said county of
Adams.
When to be se- Sec. 2. Said commissioners, or a majority of them, shall,
lected. on the first Monday of March next, or within one month

thereafter, proceed to select a quarter, half quarter, or quar-
ter quarter section of land, particularly describing the same
according to its legal survey and designation on the town
plat, and shall immediately make report thereof to the Clerk

of the county commissioners' court of said county, which
shall be by him filed and preserved in his office.

Sec. 3. Should the land selected as aforesaid, belong to Should the land
an individual or individuals, the said commissioners shall selcctcd bel°»K
ask and receive from the owner or owners thereof, a do- SSSnft
nation of not less than thirty acres of said tract so select- tain a donation.
ed: Provided, That if the Seat of Justice of said county Provi80
shall not be located thereon as hereinafter provided, the
said donation shall be void, and the land so donated shall
revert to the donor or donors. Should the land so select-
ed belong to the United States, the county commissioners' Should the land
court of the said county, are hereby authorized to purchase belong to the
any quantity thereof, not exceeding one quarter section for u- States-
the use of the county.

Sec. 4. The said Clerk shall, so soon as he receives the Clerk shall give
report aforesaid, give notice by putting up written notices notice of the
at some public place in each of the election precincts for JSeZmplace
justices in said county, that an election will be held at the
same time and places of the next general election for Jus-
tices of the Peace in said county, for the Seat of Justice
thereof, at which election the Clerks thereof shall open two
columns in their poll books, one for Quincy and the other
for the place to be selected as aforesaid, and take and re-
cord the vote of each qualified voter at the same time he
votes for Justices of the Peace, for one of the aforesaid
places as the Seat of Justice of the said county. The said
election shall be conducted, and returns thereof made in How conduct-
the same manner as is provided in ordinary cases of elec- ed.
tions for Justices of the Peace, and the place having the
greatest number of votes shall be and remain the Seat of
Justice of said county.

Sec. 5. Should the place selected as aforesaid, receive Should the
the greatest number of votes, the said commissioners shall P^ce selected
then give it a name, and the county commissioners' court greatest Vum-
of said county, shall divide the same into town lots, and ber of votes-,
sell the same, and apply the proceeeds of such sale exclu- said comn,i.s-
sively to the erection of public buildings therein, and the jTaname.6"'
town lots and public ground in the town of Quincy and in
the several additions thereto, belonging to the said county
of Adams, shall be vested in fee simple in the President County proper-
and Trustees of the town of Quincy, for the use of the said *y in Quincy to
town of Quincy, and the county commissioners of said tees of said
county, shall convey the same to the said President and town.
Trustees for the use aforesaid; and the said President and
Trustees are hereby authorized and empowered to sell and May sell the
convey the same, in such manner as they may think pro- same*
per, and to lay out the proceeds thereof in the improve- Proceeds how
ment of the streets in the said town of Quincy, or such applie '
other necessary improvemement therein as they may deem

Proviso. expedient: Provided, however, That the Court House and

Jail in the town of Quincy, shall be and remain the pro-
perty of the said county, and shall be used for county pur-
poses until others shall be provided at the new county seat.
As soon as the necessary buildings are provided at the new
county seat aforesaid, the courts of the county shall be held
there, and all officers required to reside at the county seat
shall remove to the same: Provided, That as soon as the
courts of said county shall be held at the new county seat,
it shall and may be lawful for the aforesaid county com-
missioners' court to sell or remove, in their discretion, the
Court House and Jail in the town of Quincy, and apply
the same to county purposes.

Approved, Feb. 12, 1835.

In force Feb. AN ACT concerning the Lessees of the Gallatin Saline.
13, 1835.

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

4156 S^per" represented in the General Assembly, That hereafter Benja-
annum. mm White, one of the lessees of the Gallatin County Saline,

upon payment of one hundred and fifty-six dollars and
twenty-five cents per annum for rent, it shall be received
in full satisfaction for rents hereafter to become due and
Part of act re- payable by him, and so much of the fourth section of the
pealed. act entitled "An act regulating the Gallatin County Sa-

line," approved February 2d, 1827, as relates to the rent
to be paid by said White, is hereby repealed.

Approved, Feb. 13, 1835.

In force March AN ACT to amend an act concerning the Trustees of Shaiv-
20, 1835. neetown,

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

pealed. represented in the General Assembly, That so much of the

second section of the act as required the Sheriff of Galla-
tin county to give notice and hold elections for Trustees
of said town, be, and the same is hereby repealed, and
Duty of clerk of hereafter it shall be the duty of the Clerk of the board of
said trustees. Trustees to give notice and hold said elections.
In case of ab- ^c* 2* ^n case there be no Clerk, or in case of the ab-
sence of clerk, sence of said Clerk, then it shall be the duty of any Jus-

tice of the Peace residing in said town, to give not less 'l "hail be the
than twenty days notice in three of the most public places ^,oisfome
in said town of such election, and proceed and hold the peac^o ghe
same on the first Monday in January instead of May, and notice of eiec-
notifying the persons elected, and make returns of said tions"
election to the board of Trustees within ten days thereaf-
ter: Provided, That if in any case, an election should not
be held on said first Monday in January in each and every
year, the same may be held, on like notice being given, on
the first Monday in every other month for trustees for that
year; and until such election shall be held, the last elected
Trustees shall continue in office until their successors are
qualified.

Sec. 3. Said Trustees shall have power to license drays, Certain powers
and exact such other tax as to them may seem right, not grailted sa"i
to exceed one-fourth per cent, upon real property in said truste8s-
town, and may tax coffee houses and retailers of spirituous
liquors.

This act to take effect and be in force from and after the
20th of March next.

Approved, Feb. 12, 1835.

town.

AN ACT to authorize James Kenzie to alter the Town Plat in force Jan.
of the town of Wabansie. 26> 1835-

Sec. 1. Be it enacted by the people of the Stale of Illinois, Jas. Kenzie au-
represented in the General Assembly, That James Kenzie, thorizedto alter
proprietor of the town of Wabansie, be, and he is hereby t
authorized to so alter and amend the plat of said town as to
make it conform to the survey thereof: Provided, said al-
teration shall not interfere with the wishes, rights or inte-
rests of individual claimants.

Sec. 2. That this act shall take effect from and after its
passage.

Approved, Jan. 26, 1835.

AN ACT to vacate the Survey and Plat of the Town of In force Jan.
Venus in Hancock County. ~4' 1835-

Sec. 1. Be it enacted by the people of the State of Illinois, Survey vaca-
renresented in the General Assembly, That the proprietors te ■

Proviso.

Vacancies
heretofore
made, valid.

of the town of Venus in Hancock county, and the purcha-
sers of lots therein, be, and they are hereby authorized and
empowered to alter, change or vacate the survey and plat
of said town of Venus: Provided, That no such change,
alteration or vacation shall be made without the consent
of all the proprietors and purchasers aforesaid.

Sec. 2. Any change, alteration or vacation heretofore
made in the survey, plat or name of said town with the
consent of the proprietors and purchasers as aforesaid,
shall be and remain valid and effectual to all intents and

purposes.

Approved, Jan. 24, 1835.

Jn force Jan.
1, 1835.

Right of entry
barred after
seven years.

Actions to be
brought within
seven years.

AN ACT to amend "An act for the Limitation of Actions,
and for avoiding Vexatious Lav: Suits" approved, \0th
February, 1827.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That hereafter no per-
son who now has, or hereafter may have any right of en-
try into any lands, tenements or hereditaments, of which
any person may be possessed by actual residence thereon,
having a connected title in law or equity, deducible of re-
cord from this State or the United States, or from any pub-
lic officer or other person authorized by the laws of the
State, to sell such lands for non-payment of taxes, or from
any Sheriff, Marshall, or other person authorized to sell
such land on execution, or under any order, judgment or
decree of any court of record, shall make any entry there-
in, except within seven years from the time of such pos-
session being taken; but when the possessor shall acquire
such title after the time of taking such possession, the limi-
tation shall begin to run from the time of acquiring title.

Sec. 2. That every real possessory, ancestral or mixed
action or writ of right brought for the recovery of any
lands, tenements, or hereditaments of which any person
may be possessed by actual residence thereon, having a
connected title in law or equity, deducible of record from
this State or the United States, or from any public officer
or other person authorized by the laws of the State, to sell
such land for the non-payment of taxes, or from any Sheriff,
Marshall, or other person authorized to sell such land on
execution, or under any order, judgment or decree of any
court of record, shall be brought within seven years next
after possession being taken as aforesaid; but when the

possessor shall acquire such title after taking such posses-
sion, the limitation shall begin to run from the time of ac-
quiring title: Provided, That possession as aforesaid, to Proviso
bar the rights, actions and suits aforesaid, shall have been
continued in manner aforesaid, for the term of seven years
next preceding the time of asserting the right of entry, or
the commencement of any such suit or action: And pro- Further pro-
vided further, That the heirs, devisees and assigns of the vided-
person having such possession and title, shall have the same
benefit of this act, as the person from whom the possession
was derived, could have had by virtue of such possession:
And provided also, That in all the foregoing cases in this act
mentioned, where the person who shall have right of entry,
title or cause of action, is or shall be at the time possession
is taken as aforesaid, under the age of twenty-one years,
insane, imprisoned, feme covert, out of the limits of the
United States, and in the employment of this State or the
United States, such person may make such entry, or insti-
tute such action within the time herein limited, after the
several disabilities herein enumerated shall cease to exist.
This act to take effect on the first day of June next.

Approved, Jan. 17, 1835.

AN ACT changing an Appropriation heretofore made to I» force Jan.
the county commissioners' court of Vermilion county, to '
the county commissioners'' court of Champaign county, and
for other purposes.

Whereas, by an act of the Legislature of this State, en- Preamble,
titled "An act appropriating a portion of the avails arising
from the sale of the Saline Lands in Gallatin county to in-
ternal improvement," approved February 16th, 1831, the
sum of four hundred dollars was appropriated to the coun-
ty commissioners' court of Vermilion county; and where-
as, since the granting of said appropriation, the county of
Champaign has been organized out of the aforesaid county
of Vermilion, including, in the aforesaid county of Cham-
paign, the point or place upon which said four hundred dol-
lars was expressly required to be expended: Therefore —

Sec. 1. Be it enacted by the people of the State of Illinois, County eom-
represented in the General Assembly, That the county com- >™ssi011«s of

• ■ , r ™ ■ J i j ,u Champaign

missioners' court of Champaign county be, and tney are county authori-
hereby authorized to draw upon the commissioner of the zed to draw on
Gallatin Saline for the sum of four hundred dollars, to be the commis-

sioner of Galla-
tin salines for
$400.
How expended.

County com-
missioners of
Green county
authorized to
draw on the
commissioner
of Gallatin sa-
line for $300.

How applied.

County com-
missioners of
Wabash coun
ty to draw on
the commis-
sioner of Galla
tin salines for
$400.

Act repealed.

by them expressly applied and expended in building a
bridge across the south fork of the Big Vermilion river,
where the State road crosses the same, leading from Dan-
ville to Fort Clark; and the commissioner of the Gallatin
Saline is hereby required and authorized to pay to the or-
der of the county commissioners' court of Champaign
county, the sum of four hundred dollars.

Sec. 2. That the commissioner of the Gallatin county Sa-
line is hereby authorized to pay to the order of the county
commissioners of Green county, or a majority of them, the
sum of three hundred dollars, which sum was appropriated
to the county of Green, by "An act appropriating a por-
tion of the avails arising from the sales of the Saline lands
in Gallatin county, to internal improvements," approved
February 16th, 1831, which appropriation, when realized
by said county commissioners, shall be applied to the build-
ing of a bridge across Apple creek, at or near the mill now
owned by David Haydon in Green county.

Sec. 3. That the said commissioner is hereby authorized

to pay to the order of the county commissioners' court of

Wabash county, the sum of four hundred dollars, the sum

appropriated in the aforesaid act, to be expended by them

' for purposes of internal improvement.

Sec. 4. That so much of the above recited act as appro-
priated the sum of four hundred dollars to the county com-
missioners' court of Vermilion county, be, and the same is
hereby repealed.

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

Approved, Jan. 31, 1835.

In force Feb. AN ACT to amend an act, entitled "An act relating to the
7, 1835. Attorney General and State's Attorneys.''''

State's attor-
neys, how elec-
ted.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That there be elected
by the General Assembly, on joint vote, at the present ses-
sion, and every two years thereafter, one State's Attorney
for each Judicial Circuit now or hereafter to be created in
this State, except the Circuit in which the Seat of Govern
ment is situated; and the person so elected, shall be commis
sioned by the Governor, to continue in office for two years
from and after his election, and until his successor shall be
qualified.

Vacancies how Sec. 2. Should any vacancy occur in any of the Judicial
filled. Circuits in this State between the sessions of the Legisla-

ture, it shall be the duty of the Governor to fill the same
by the appointment of some qualified person to discharge
the duties of said office, who, when so appointed, shall
continue in office until his successor is duly elected and
qualified as in this act provided, and the act to which this
is an amendment.

Sec. 3. So much of the third section of the act to which Part of act ie-
this is an amendment, approved, February 17, 1827, as pealed,
comes within the meaning and purview of this act, be,
and the same is hereby repealed.

This bill having been returned by the Council of Revision
with their objections to the same becoming a law, and the
same having been reconsidered, and again passed both
Houses by a majority of the whole number of members
elected, the objections of the Council of Revision notwith-
standing, the same has become a law of this State, Feb.
7, 1835.

AN ACT to authorize certain persons therein named to erect in force Jan.
Mill Dams. 14> 1835-

Sec. 1. Be it enacted by the people of the State of Illinois, Samuel Leech
represented in the General Assembly, That Samuel Leech, ^^j10
his heirs and assigns, be, and they are hereby authorized to dam on Littie
build and continue a mill dam across the Little Wabash Wabash.
river, at Harris's shoals in Wayne county, on the east hall
of the south east quarter of section twenty-one, in town-
ship two south, of range nine east, eight feet high above
ordinary low water mark.

Sec. 2. That Daniel Francisco be, and he is hereby au- D*"1^™"-
thorized to build a mill dam across the Kaskaskia river in ^tHrecTa
Shelby county, on the west half of the north east quarter mmdam across
of section thirty-four, township twelve north, of range four Kaskaskia.
east, eight feet high above low water mark. ..,.--. » „

Sec. 3. That Thomas Rattan be authorized to raise his ^--Rattan
mill dam twelve feet high in Green county, on Macoupin damacl.ossMa.
creek, on the west half of the south east quarter oi section coupin creek,
sixteen, in township nine north, range eleven west.
This act to be in force from and after its passage.

Approved, Jan. 14, 1835.

In force Jan. ,#jV ACT concerning Conveyances by County Commissioners.
7, 1835.

Conveyances ^EC* *• ^e ^ enacted by the people of the. State of Illinois,
heretofore represented in the General Assembly, That all deeds, grants,
made declared conveyances and bonds, heretofore executed by the com-
missioners of any county in this State without fraud or col-
lusion of, and concerning real estate, owned by the coun-
ties of such commissioners, are hereby declared to be good
and valid in law, and to operate as though such commis-
sioners had been authorized to execute such deeds, grants^,
conveyances and bonds, at the time of the execution of the
same.
Authorized to gEc. 2. The county commissioners of the several coun-
execute ee s, ^eg o^ ^jg gta^ are hereby authorized to execute and de-
liver all deeds, grants, conveyances and bonds which may
become necessary in settling and transferring real estate
belonging to their respective counties; and such deeds,
grants, conveyances and bonds, if made without fraud or
collusion, shall be obligatory upon the counties to all in-
tents and purposes.

This act shall take effect from its passage.

Approved, Jan. 7, 1835.

In force Feb. «#-ZV ACT to establish the Seat of Justice of Iroquois comity.
10, 1835.

Commissioners Sec. 1 . Be it enacted by the people of the State of Illinois,
appointed to represented in the General Assembly, That William Bowen
justice. and Joseph Davis of Vermilion county, and Philip Stan-

ford of Champaign county, be, and they are hereby ap-
pointed commissioners to locate and establish the Seat of
Justice of Iroquois county, and give it a name. Said com-
Whenand missioners, or a majority of them, shall meet at the house
where to meet, of Thomas Venum in said county, who, after being first
duly sworn before some Justice of the Peace of said coun-
ty, faithfully to locate the Seat of Justice thereof, without
partiality, favor or affection, taking into consideration the
present, and prospect of future population, shall proceed
accordingly to fix upon a place for the permanent Seat of
Justice of said county.
Shall report to Sec. 2. When said commissioners, or a majority of them,
county commis- shall have agreed upon a place for the Seat aforesaid, they
sioners' court, shan make a report thereof in writing, under their hands
and seals, describing the quarter or fractional quarter sec-
tion, township and range upon which they have located the
same, together with the name they may have given it, to

the county commissioners' court of said county of Iro-
quois, who shall at the next term of said court thereafter,
cause the said report to be entered on the record of said
court, and the place so selected by the said commissioners
or a majority of them, shall remain the permanent Seat of
Justice for Iroquois county, and shall be known and called
by such name as may be given to it, by said commissioners.

Sec. 3. The county commissioners' court of said coun- f.( ti

ty shall allow the said commissioners such reasonable com-
pensation per day for their services, as they may deem just,
not exceeding two dollars per day, out of the County Trea-
sury of said county.

Sec. 4. Should said commissioners locate said Seat of Iftaca*edon
Justice on lands belonging to an individual or individuals, Pnvate laillL
they shall ask and obtain a donation of any number of acres
not less than twenty-five, and also select and describe said
donation in their report, with reasonable certainty, by
metes and bounds: Provided, That should the proprietor
or proprietors neglect or refuse to make the donation here-
in provided for, the said commissioners shall then be requi-
red to locate the said Seat of Justice on the nearest eligi-
ble situation on public land, and it shall be the duty of said
commissioners, previous to locating said Seat of Justice on
the land belonging to any individual or individuals, to take
a deed in fee simple to said county of Iroquois for such land
as may be donated as aforesaid: And provided further,
That if the said commissioners shall locate said Seat of
Justice on the public land, the county commissioners' court
shall be, and they are hereby authorized and required to
purchase any quantity of land not exceeding one hundred
and sixty acres, including said town site, in the name and
for the use of said county of Iroquois, which land or such
part thereof as the county commissioners' court may order
and direct, shall be laid off into town lots in such manner, To be laid off
and sold for the use and benefit of said county, at such time mt0 town lot5,
and place, as the county commissioners' court thereof may
order and direct.

Approved, Feb. 10, 1835.

AN ACT to authorize Ezra Baker, Jr., to erect a Mill Dam In force Jao,
near Coffee Island on the Great Wabash River. 31j l835-

Sec. 1. Be it enacted by the people of the State of Illinois, JESS'S
represented in the. General Assembly, That Ezra Baker, Jr., erect a mill dam
of Wabash county, be, and he is hereby authorized to erect across Wabash.

Heighth of
dam.

May use cer-

and build a mill dam across that branch or portion of the
Great Wabash river running on the west side of Coffee
Island next to the Illinois shore, to begin and run as fol-
lows, to wit: At or near the foot of the ripple, on frac-
tional section fourteen, township two south, of range thir-
teen west on the Illinois side, thence by the lower island
to the foot of the main or Coffee Island; said dam to be of
a heighth corresponding with a level of the pool, which
will be raised by the contemplated improvement, at the
head of Coffee Island, as reported by Edward Smith, the
engineer to the commissioners of the fund appropriated to
improve the navigation of the Great Wabash river.

Sec. 2. That the said Ezra Baker, Jr., be, and he is here-

tain quantity of by authorized to take out, either through a race or forebay
at or above said dam, a sufficient quantity of water to pro-
pel any mills or machinery that he may think proper to es-
tablish at or near said dam: Provided, always, That the
quantity of water so taken out of the river, shall not pre-
judice the navigation thereof by reducing the channel be-
low three feet: Provided further, That the said Baker shall
not be entitled to the benefits and privileges conferred by
this act, unless he shall have said dam completed within

When said dam three years from the first day of December next: and that
all the privileges and immunities granted to the said Ezra
Baker, Jr., by this act, shall be, and the same is hereby
granted and extended to his heirs, executors, administra-
tors and assigns, so long as the dam aforesaid shall not in-
undate the land of private persons, or injure the naviga-
tion of the aforesaid river, and all laws or parts of laws
coming within the purview or meaning of this act, are:
hereby repealed.

Approved, Jan. 31, 1835.

Proviso.

to be finished.

In force Feb.
13, 1835.

JIN ACT relating to the Superintendent of the Gallatin
County Saline, and for other purposes.

Said superin-
tendent author-
ized to settle
with the audi-
tor within two
months.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That if the Superin-
tendent of the Gallatin County Saline, the Commissioner
for the sale of the Saline Reserve lands, or the Receiver of
the Vermilion Saline Reserve lands, or either of them, shall
fail or neglect for two months after the passage of this act,
to settle their respective accounts with the Auditor of pub-
lic accounts, it. shall be the duty of the said Auditor to com-
mence a suit or suits against them, or either of them, with-

out delay; which suit or suits shall not be delayed or con-
tinued, except by affidavit or by the rules and proceedings
of the court where the same may be instituted.

Sec. 2. It shall be the duty of the Auditor aforesaid, to Suit to be bro't
cause a suit to be commenced against any former Commis- asainst any
sioner for the sale of the Gallatin Saline lands, or Receiver SST'5"
of the Vermilion Saline lands, for any balance that may rears,
remain due and unpaid for two months after the passage
of this act, which said suit or suits shall not be delayed or
continued, except upon affidavit or by the rules and pro-
ceeding^ of the court where the same may be instituted.

Sec. 3. Should a recovery be had by the said Auditor, In case of a re-
on behalf of the State, it shall be a part of the judgment covei>
of the court, that the said Auditor, on behalf of the State,
shall recover, in addition to the amount due, and interest
thereon, ten per centum by way of damages, and all costs.

Approved, Feb. 13, 1835.

AN ACT to amend an act appropriating a portion of the In force Feb.
avails arising from the sale of the Saline Lands, in Gal- J1» 1835-
latin county, to Internal Improvement: approved, Febru-
ary 16, 1831.

Sec. 1. Be it enacted by the people of the State of Illinois, Certain appro-
represented in the General Assembly, That the sum of four prfations remo-
hundred dollars, appropriated by the act to which this is an ^e
amendment, to the county commissioners' court of Wayne
county, to be expended, two hundred dollars to build a
bridge across Elm river on the mail route from Fairfield
to Maysville, and the other two hundred dollars to repair
the State road from Fairfield to Albion, be, and the same
is hereby appropriated to the improvement of the State How applied.
road from Fairfield to Leech's mills on the State road from
Fairfield to Albion, and if there should be any surplus af-
ter making said road a good and sufficient one, the same is
to be applied to the improvement of that part of the State
road lying between Fairfield and Salem in said county of
Wayne.

Sec. 2. The sum of one hundred dollars, part of the sum Appropriation
of two hundred and fifty dollars appropriated by the act to JjJ^gJj^.
which this is an amendment, to the county commissioners' fore madC) re_
court of Edwards county, to be expended in discharging moved,
the debts of said county, be, and the same is hereby appro-
priated to be expended by the said county commissioners'

How applied. ecmrt of Edwards county, in improving the State road in
said county, leading from Albion to Mount Carmel, and one
hundred and fifty dollars, the balance of said sum, hereto-
fore appropriated as aforesaid, be, and the same is hereby
appropriated to be expended by the county commissioners'
court of said Edwards county, for the purposes of internal
improvement in said county.
Appropriations Sec. 3. That all appropriations made to the county of
to Green coun- Green from the sales of Saline lands, (except three hun-
ty, how appli- ^j dollars appropriated to build a bridge across Apple
creek near Hayden's mill,) shall be subject to the order of
the county commissioners' court of said county, and the
said county commissioners are hereby authorized to ex-
pend the sum of three hundred dollars of the aforesaid ap-
propriations to aid in building a bridge across Macoupin
creek at or near Thomas Rattan's mill, and a further sum
of three hundred dollars, to be expended in building a bridge
at or near Henry Tegarden's mill, across Macoupin creek,
and the remainder of said appropriations shall be disposed
of in such manner as the county commissioners may think
Acts repealed, proper. All acts and parts of acts coming within the pur-
view of this act are hereby repealed.

Approved, Feb. 11, 1835.

In force June AN ACT declaring the Snicarty, a branch of the Missis-
it 1835. sippi river, a Navigable stream.

Stream decia- Sec. 1 . Be it enacted by the people of the State of Illinois,
red navigable. represented in the General Assembly, That the Snicarty, a
branch of the Mississippi river, from its confluence with
the said river, opposite to the town of Clarksville in the
State of Missouri, to the Atlas mills, in Pike county, on
said Snicarty, is hereby declared a navigable stream, and
shall at all times hereafter, be a public highway, and free
for the passage of all boats and water crafts of every de-
scription.

This act to take effect and be in force from and after the
first day of June next.

Approved, Jan. 31, 1835.

AN ACT concerning Marks and Brands. In forc« Feb.

6, 183.r>.

Sec. 1. Be it enacted by the people of the. State of Illinois, Act relating
represented in the General Assembly, ' That so much of the theretorev«ved'
act, approved, March the 23d, 1829, as relates to marks
and brands, be, and the same is hereby revived, and shall
be printed with the laws of the present General Assembly.

This act to be in force from and alter its passage.

Approved, Feb. G, 1835.

AN ACT in addition to an act, supplemental to an act, en- 1„ force Feb.
titled, "An act to provide for raising a Revenue.'' J'-S 1835.

Sf.c. 1. Be it enacted by the, people, of the State of Illinois, Treasurer to
represented in the General Assembly, * That whenever any S^J^SJ
person shall wish to list lands for taxation which are situa- ing to list lands
ted in any other county than the one in which he resides for taxation ly-
with the Treasurer of said county, it shall be the duty of ;,"f,°y "' his
said Treasurer to administer an oath to every such person,
that the bona fide owner of said land resides in this State,
and upon his refusing to take such oath, the Treasurer shall
not permit such lands to be listed in the county.

Approved, Feb/ 12, 1835.

AN ACT relative to the Receiver of the Vermilion Saline in force Feb.
Reserve, and the Commissioner of the Gallatin Saline ~, 1835.

Land,

::.

Sec. 1. Be it enacted by the people of the State of Illinois, Said receiver to
represented in the General Assembly, That the Receiver of JJJ^JJJw
the Vermilion Reserve be, and he is hereby authorized and hands of state
required to pay into the State Treasury, on or before the treasurer,
first Monday in March annually, all moneys then in his
hands, and which have come into his hands on account of,
or by reason of the sale of the Vermilion Saline Lands.

Sec. 2. That the Commissioner of the Gallatin Saline
Lands is hereby authorized and required to pay into the
State Treasury, on or before the first Monday in March
annually, all moneys then in his hands, on account of, or
by reason of the sale of the Gallatin Saline Lands: Pro-
vided, That no appropriation, authorized to be paid out or

expended in said county of Gallatin, shall be paid into the

State Treasury, but the same may be paid over by the said

commissioner to any person authorized to receive the same.

County com- Sec. 3. Be it further enacted. That the county commis-

missiouers of sioners' courts of the several counties to which appropria-

countiesto tions have been made bv an act providing for the sale of

which tippro- * j. o

priations have the Vermilion Saline Reserve, and appropriating the avails
been made, au- thereof, approved, January 19, 1829; and an act appropria-
thonzed to ^ portion of the avails arising from the sale of the Sa-

draw on the au- . o Jr^ . ■ ; o .

ditor for the line Lands in Gallatin county to internal improvements,
amoumtheieof. appr0ved, February, 16, 1831, be, and they are hereby au-
torized to draw an order on the Auditor of State for the
amount appropriated to their respective counties by the
acts above referred to, and it is hereby made the duty of
said Auditor, upon the presentation of such order, to issue
his warrant upon the Treasurer of State, in favor of the
county commissioners' court, drawing such order for the
amount appropriated to said county, by either or both the
acts above referred to.
State treasurer Sec. 4. That the Treasurer of State is hereby authoriz-
to pay over ail e(| ant| required to pay over to the county commissioners'
made thediffer- court of such counties as have had appropriations made to
ent counties, to them by said acts above referred to, the amounts so appro-
ve commls- propriated, in the manner prescribed bv said acts, for the

sioners thereof. 4-» ■ j ri • • *. a n * j

Receiver and Commissioner to pay over. All acts and
Acts repealed, parts of acts coming within the purview of this act, are
hereby repealed.

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

Approved, Feb. 7, 1835.

In force Feb. AN ACT to amend an act, entitled "An act to regulate the
9,1835. Penitentiary,'1'' approved, February 19, 1833.

Warden to be Sec. 1 . Be it enacted by the people of the State of Illinois,

elected. represented in the General Assembly, That there shall be

elected by joint vote of the two Houses of the General
Assembly, at their present session, and at every succeed-
ing session hereafter, a Warden of the Penitentiary, who
shall be commissioned by the Governor, and continue in
office for the term of two years, and until his successor
shall be appointed and qualified.

His duties. Sec. 2. The duties of said Warden shall be the same that

are now provided by law for the Warden heretofore ap-
pointed, and he shall receive an annual salary of three hun-

Saiary. dred dollars to be paid to him in the manner provided by

the 9th section of the act to which this is an amendment,
and the said Warden shall be allowed one hundred dollars
per annum in consideration of the deterioration in value of
the house formerly used and occupied by the said Warden,
by the erection of a wall.

Sec. 3. The power conferred upon the Inspectors of the Certain power
Penitentiary by the fifth section of the act to which this is co,,<5lred °»
an amendment, to lay off into lots, and sell three acres of ^37
the lot of land upon which the Penitentiary is situated, is sell penitenti-
hereby continued to and in said Inspectors: Provided, alT i°«-
That such sale shall take place in the month of April next,
and that four weeks public notice of the time and place
thereof shall be given by said Inspectors, by publication in
the newspaper printed nearest to the premises: And pro-
vided further, That one fourth of the purchase money shall
be paid in hand, and the balance in six, twelve, and eigh-
teen months, the purchaser in all cases, giving bond and
approved security to said Inspectors for the payment of
said balance of the purchase money, and the said Inspec-
tors executing to said purchasers, title-bonds for the lots
respectively purchased by them, and upon the payment in
full of the purchase money, executing to them general war-
ranty deeds.

Sec. 4. One third part of the proceeds arising from the Proceeds of
sale of said lots, shall be applied, under the direction of the sale? I10"' aP_
board of Trustees of the town of Alton, in grading and im- piopna e
proving State street, and other streets in said town west
of the Piasa creek, and building and repairing bridges over
said creek, where Second street and Fourth street crosses
the same, and the balance of the proceeds thus arising,
shall be applied, under the direction of the Inspectors of
the Penitentiary, to completing the guard-wall around the
Penitentiary, and if necessary, to building additional work-
shops.

Sec. 5. All acts and parts of acts coming within the
meaning and purview of this act, are hereby repealed.

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

Approved, Feb. 9, 1835.

AN ACT amending "An act Creating the County of Taze- In force Feb.
well? and the several acts supplemental thereto.

Whereas, the commissioners appointed by an act, enti- Preamble,
tied "An act to permanently locate the seat of justice of

Tazewell County," passed and approved 16th February,
1831, have failed to execute the provisions and duties im-
posed upon them by the said act, and the location of said
county seat still remains undecided: Therefore —

Commissioners Sec. 1. Be it enacted by the people of the State of Illinois,
appointed to lo- -represented in the General Assembly, That for the purpose
justice of Taze- °f permanently locating and establishing said seat of jus-
weii county, tice, the following persons are appointed commissioners,
viz: John Calhoun of the county of Sangamon, Jarvis
Gaylord of the county of Putnam, George E. Walker of
Lasalle county, James Evans of Morgan county, Isaac C.
Pugh of Macon county, who, or a majority of them, being
Shall be sworn, first duly sworn before some justice of the peace of this
State, to take into consideration the eligibility of the place
to be selected, as also the convenience of the people of
said county with reference to the present and future popu-
When and lation; shall meet at the house of Alexander McNaughton
where to meet. m sajj COUnty, on the first day of April, or on any day be-
tween the first of April and the first of October (1835)
next, and proceed to examine and determine on and select
a place for the permanent seat of justice of said county,
and designate the same.
H'locatedon Sec. 2. The said commissioners, or a majority thereof,
private proper- are hereby authorized to locate the said seat of justice on
the land of any person or persons who may be owners
thereof, if the proprietor of such land shall donate and con-
vey, with covenants of general warranty, to the county com-
missioners of said county, for the use thereof, a quantity of
land not less than twenty acres, in a square or oblong
form, upon which to erect the public buildings; otherwise
the said commissioners, or a majority thereof, may, in
their discretion, locate the said seat of justice on any of
the public lands in said county, as shall be most advanta-
geous to the present and future interest of said county.
Shall make re- Sec. 3. As soon as a place shall have been located, the
port. said commissioners, or the major part thereof, shall make

a report of their proceedings, under their hands and seals,
to the first county commissioners' court to be holden in
and for said county thereafter, in which they shall desig-
nate, by metes and bounds, the place so located. If the
If located on location shall be on the land of the United States, the quar-
ter, quarter section, or half quarter section, or quarter sec-
tion of land on which the location may be made, shall be
designated on the said report; and in such an event, it shall
be the duty of the said county commissioners, as soon
thereafter as practicable, to purchase the same, either to
the extent of a quarter section or less, as they may deem
most advantageous, as county commissioners, for the use

U. S. land.

of the said county of Tazewell; all of which proceedings
the county commissioners' court shall cause, without de-
lay, to be entered of record on the books of the court.

Sec. 4. As soon as a site shall have been selected for a Duty of county
seat of Justice and a report made thereof, and a title ac- commissioners,
quired, as is by this act provided, it shall be the duty of the
county commissioners aforesaid, to cause such tract of land,
or so much thereof as they may deem advisable, to be laid
off into lots, and sold on such terms and conditions as may
be considered most advantageous to the interest of said
county, and the proceeds of such sales shall be applied to
the erection of a Court House and Jail, and such other
public works as may be necessary and useful to said coun-
ty. The said county commissioners are hereby authorized
to make conveyances to the purchasers thereof, in their
own names, as commissioners for and on behalf of said
county.

Sec. 5. The commissioners appointed to make the loca- Compensation,
tion aforesaid, shall receive the sum of three dollars per
day for each day by them necessarily employed in dis-
charging the duties imposed on them by this act, to be al-
lowed by the county commissioners' court, and paid out of
the Treasury of said county. This act shall be construed
in all courts of justice and elsewhere, favorably for all be-
neficial purposes therein intended, and all acts and parts of Acts repealed
acts heretofore passed and in force, repugnant thereto, are
hereby repealed.

Approved, Feb. 12, 1835.

AN ACT concerning the Sixteenth Section in Equality in force April
township, Gallatin county. h 1835*

Sec. 1. Be it enacted by the people of the State of Illinois, Commissioners
represented in the General Assembly, That Giles Y. Taylor, gjJSjJ*"
Tiler D. Hewitt and Charles Guard, or a majority of them, iieu of said six-
be, and they are hereby authorized to examime books, teenth section,
maps, &c. of the commissioner of the Ohio Saline, and if
it appears to said commissioners that the section number-
ed sixteen, or any portion thereof, in said Reserve, has been
selected and sold by the State, then said commissioners
shall be authorized to proceed on the first day of April, or
as soon thereafter as convenient, to select, in lots, of not
less than eighty acres, in the name of the inhabitants of the
proper township, one section of land in lieu of such six-
teenth section, selected and sold by the State as aforesaid,

Compensation,

and report the numbers of the same to the commissioner
of the Ohio Saline lands, whose duty it shall be to enter
the same upon his books, in the name of the inhabitants of
the proper township, and strike off to the State an equal
number of acres of lands heretofore selected, which lands
so selected by the commissioners aforesaid, shall be appli-
ed, or the proceeds thereof, by the inhabitants of such
township, to the purposes of education, agreeably to the
laws of this State.

Sec. 2. Said commissioners shall be allowed by the in-
habitants of the township for whose benefit said selection
may be made, one dollar per day whilst necessarily enga-
ged in making such selections, to be paid out of the pro-
ceeds of said lands.

This act to take effect and be in force from and after the
first day of April next.

Approved, Feb. 12, 1835.

In force Jan. jtfy ACT declaring Big Muddy a Navigable stream.
31, 1835.

B' M ddvde- ^EC* *• ^e ^ enac^ by the people of the State of Illinois,
dared naviga- represented in the General Assembly, That Big Muddy river
ble- be, and the same is hereby declared a navigable stream and

public highway, from the intersection of the East and West
Forks, in Jefferson county, to its confluence with the Mis-
sissippi river.

This act to take effect and be in force from and after its

passage.

Approved, Jan. 31, 1835.

In force Jan. <AN ACT to amend "An act regulating the mode of trying
30, 1835. the Right of Property.

Dmyofconsta- Sec. 1. Be it enacted by the people of the State of Illinois,
hletBcfixhfa-n represented in the General Assembly, That in all cases when

execution irom r . „ , , , • .• c j.i_

a foreign coun- an execution shall be issued by any justice ol the peace in
ty. this State, directed to any constable of a different county,

it shall be the duty of such constable receiving the same,
to proceed, as in other cases, to make a levy on the per-
sonal property of the defendant in such execution.
Further duty of Sec. % Be it further enacted, That it shall be the duty of

any constable having an execution as aforesaid, after ma- constable,
king a levy on the property of the defendant, and such pro-
perty being claimed by another person or persons, to noti-
fy such person or persons that he will attend before some
justice of the peace of the county, naming him, on some
day to be designated (by him the said constable,) for the
purpose of having the rights of said property tried, said
constable designating the day and hour when such trial of
the right of property shall take place : Provided, That said
trial shall not be deferred exceeding ten days from the time
such lew may have been made.

Sec. 3. That it shall be the duty of any justice of the Duty of justice
peace, when notified of any person or persons claiming |vg ce1Ji^eWy
propertv as aforesaid, to enter such case on his docket, and
to proceed in all cases, to have the right of such property
tried as if the execution had been issued by him ; and in
case the property may appear to belong to the claimant,
the justice shall enter judgment against the plaintiff' in exe-
cution for the costs that may have accrued on such case,
and on failure of the plaintiff to pay the same, the justice
may issue execution, directed to any constable of the coun-
ty in which such plaintiff lives, for the amount of such cost
not paid; but in all cases, when it may appear that the pro-
perty claimed belongs to the defendant in execution, it shall
be the duty of the justice of the peace to enter judgment
against the claimant of the property for the amount ot sucli
costs as have accrued, and execution may issue therefor as
in other cases: Provided, That in no case of the trial of Provig.
the right of property under this act, or the act to which
this is an amendment, shall the defendant in execution be
a competent witness, and that all appeals from the judg-
ments on the trial of the right of property, shall be de-
manded on the day of such trial, and bond entered into be-
fore the clerk of the circuit court within five days from
such trial; and in all cases of the trial of the right ot pro-
perty before a justice of the peace, either party may take
the case into the circuit court by writ ot certiorari, as
provided in the "Act concerning justices of the peace and
constables," approved, February 3, 1827: Provided, That
in all cases of said appeals, the praying thereof shall be su-
persedeas, and stay ail further proceedings until the expira-
tion of five davs. - , .

Sec. 4. Be it further enacted, That m all cases when the *£**»£
plaintiff' in the' execution neither resides in the county mt county>
where judgment was rendered, nor in the county m which
such trial of the right of property is had, it shall not be
necessary for the constable to give said plaintiffs notice;
but the trial shall be conducted in the same manner as i
actual notice had been given, and in case the property shall

be found to be the property of the claimant, the plaintiff in
the execution shall be bound for all costs that may have ac-
crued.

Approved, Jan. 30, 1835.

In force Jan.
31, 1835.

Number in-
creased to
twelve.

One additional
precinct in
Madison coun-
ty.

AN ACT to increase the number of Election Precincts in
the counties of Morgan and Madison.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the county com-
missioners' court of Morgan county, are hereby authorized
to increase the number of election precincts in said coun-
ty of Morgan to the number of twelve, one of which shall
be established at Manchester, one at Naples, one at Meri-
docia, and one at Bethel in said county.

Sec:. 2. That there shall be an additional election pre-
cinct in Madison county, which shall be at the house of
Isom Vincent in said county.

Approved, Jan. 31, 1835.

In force Feb.
12, 1835.

AN ACT permanently to locate the Seat of Justice of Ran-
dolph county.

Removal of
said seat to be
determined by
election

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That there shall be an
election in the county of Randolph on the first Monday in
August next, to determine whether or not the seat of jus-
tice in said county, shall be removed from Kaskaskia to
Miller's farm, situate on the north half of section thirty, in
township five south, of range six west. It shall be the du-
ty of the clerk of the county commissioners' court to open
a column in the poll books for "Kaskaskia" and "Miller's
farm." The qualified voters of said county voting for jus-
tices of the peace, may vote for one of those places, and
it shall be the duty of the clerks of the election to enter
said vote as in other cases.
Majority voting gEC> 2. If a majority of the voters as aforesaid, shall vote
h iVi?behrc- for "Miller's farm," the county seat shall be removed to the
moved. same: Provided, the proprietor or proprietors of the land

shall give and convey by deed of general warranty, in a

square form, or not more than twice as long as wide, thirty
acres thereof.

Sec. 3. In case of a majority determining as aforesaid in Duty of county
favor of a removal of the county seat, it shall be the duty comi">ssi°»<-'rs
of the county commissioners of said county, to proceed to ^j.** °' re""'~
lay out a town upon the land donated, and cause the lots
to be sold, the avails of which, or a sufficient amount there-
of as may be necessary, shall be appropriated to the erec-
tion of a court house and jail for the use of the county;
and the town thus laid out, shall be the permanent seat of
justice for said county, from and after the first day of Sep-
tember, 1836, at which time the public offices of the coun-
ty shall be removed to the same: Provided, That if the Proviso,
proprietor of the aforesaid north half of section thirty, in
township five south, of range six west, shall neglect or re-
fuse to make the donation on such part of said tract of land
as the commissioners may deem most eligible, they may
lay off said county seat on some adjoining quarter section
of land, if the proprietor thereof will make a donation as
aforesaid.

Sec. 4. The county commissioners aforesaid shall have Authorized to
power to make deeds for the lots sold, to name the town, make deeds to
and such other powers as are necessary to carry this act lots' &c-
into effect.

Approved, Feb. 12, 1835.

AN ACT in relation to Bank Collectors. In force F«i>.

7, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Auditor and
represented in the General Assembly', That the Auditor of JJjJJJ [0ague",.
public accounts and Treasurer, be, and they are hereby t]e %vith guch
authorized and required to settle the accounts of the sev- collectors.
eral attorneys, justices of the peace, and other collectors
of money due to the President and Directors of the State
Bank of Illinois, and to allow such reasonable charges for
contingent expenses as may appear to them proper, and if
any balance shall be found due to any such attorney, jus-
tice of the peace, or other collector, said Auditor and Trea-
surer shall give a certificate of the same, and upon filing
such certificate in the Auditor's office, the Auditor shall
draw his warrant on the Treasurer, in favor of such attor-
ney, justice of the peace, or other collector, for the amount
contained in said certificate. If any sum shall appear to
be due from any of said attorneys, justices of the peace,
or other collectors, and they shall fail to appear and settle

sued

Proviso.

Collectors fail- their accounts on or before the first day of April next, and
ing to pay over pay over suc^ am0unt as shail De found due from them,

then it shall be the duty of said Treasurer to direct the At-
torney General, or proper State's Attorney, to commence
suit against all such delinquents without delay: Provided,
That no money shall be paid out of the State Treasury, un-
der the provisions of this act, until an appropriation shall
be made by law.

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

Approved, Feb. 7, 1835.

In force Jan. AN ACT concerning the Revenue of the County of St. Clair
7, 1835. for the year 1829.

Present sheriff
authorized to
collect tax for
1829.

Liable there-
for.

Certificate.

Sec. 1. Be it enacied^ by the people of the State of Illinois,
represented in the General Assembly, 'That the present sheriff
of the county of St. Clair, be, and he is hereby authorized
to collect so much of the tax of the said county for the
year 1829, as remains unpaid, in such manner as the for-
mer sheriff might have collected the same; but such of the
inhabitants as have paid their taxes for said year to the
county commissioners or sheriff, are hereby discharged from
any liability for their taxes for the aforesaid year.

Sec. 2. Be it further enacted, That the said sheriff shall
be liable and accountable for any moneys collected under
this law, in the same manner as for other taxes collected
by him, and shall pay the same over in like manner as oth-
er taxes are by law.

This act to take effect from and after its passage.

This bill having remained with the Council of Revision
ten days, Sundays excepted, and the General Assembly be-
ing in session, it has become a law, this 7th day of Janu-
ary, 1835.

A. P. FIELD,

Sec^y of State.

AN ACT concerning the town of Vandalia.

In force Feb.
6, 1835.

JheiSn vacT-1 Sec* *• Be il enacted hy the people of the State of Illinois,
ted. represented in the General Assembly, That all that part of

the south exterior street in the town of Vandalia, lying be-
tween Third street and the eastern boundary of said town,
be, and the same is hereby declared vacated, and annexed
to, and made a part of, the public burial ground of said
town.

Sec. 2. That out-lot number three in said town, be, and Om-iot No. 3,
the same is hereby granted to the president and trustees sranted f<» a
of the town of Vandalia, to be used by them as a public burial ground-
burying ground for said town.

Sec. 3. That Harvey Lee, Joseph T. Eccles, and James Commissioners
W. Berry be, and they are hereby appointed commission- appointed tose-
ers to lay off one half acre of said out-lot number three, |fct a P0/,1'0",,
to be used exclusively for the burial of members of the burial of mem-
Senate and House of Representatives, and other officers bersofthe ie-
of the government, who may decease here in the discharge eislatlliei &c-
of their public duties, and enclose the same with a strong
and substantial fence; and it shall be the further duty of
said commissioners, after having performed the duties here-
in enjoined, to remove the remains of John B. Emanuel
Canal, late a member of the House of Representatives of
this State, within the said enclosure. The auditor of pub-
lic accounts is hereby authorized and required to issue his
warrant, on the treasurer, in favor of said commissioners
for a sum not exceeding fifty dollars, to enable them to car-
ry the provisions of this act into effect.

Approved, Feb. 6, 1835.

AN ACT supplemental to an act to provide for the Election in force Feb.
of County Recorders and Surveyors. 13i 1835-

Sec. 1. Be it enacted by the people of the State of Illinois, County record-
represented in the General Assembly, That the recorders ap- "jjgjfjj
pointed to office by and under the provisions of an act, en- C0lUinue & of-
titled "An act relating to the office of recorder," approved fire until their
January 8th, 1829, shall be and remain in office and per- "SJJJ are
form and discharge all the duties required of them by law,
until their successors shall be duly chosen and qualified to
office by and under the provisions of the act to which this
is a supplement.

Sec. 2. That the surveyors appointed to office by and Surveyors.
under the provisions of "An act regulating the appointment
and duties of county surveyors," approved, January 14th,
1829, shall be and remain in office and perform and dis-
charge all the duties required of them by law, until their
successors shall be duly chosen and qualified to office by

6*2

and under the provisions of the act to which this is a sup-
plement.
Contested elec- Sec. 3. That in case of a contested election between any
tions. fw0 or more persons, who shall have been voted for, for

the office of county recorder or of county surveyor, a com-
mission shall not issue to such person until such contest
shall have been duly decided according to the provisions
of the law in force relative to elections.
Offices vacated. gEC. 4. That the act to which this is a supplement, shall
be construed to vacate the office of all recorders and sur-
veyors, as well those appointed under the act of the 19th
February, 1819, as those under the act of January 8th,
1829, subject, however, to the continuance in office, as is
provided in and by the first and second sections of this
act.
Recorders su- Sec. 5. That the county commissioners of each county
perseded in of- in this State, shall provide for the payment to each of the
j?ce' t0 Jf Paid several recorders who shall be superseded in office under
the act to which this is a supplement, a reasonable com-
pensation for books used as record books in his office.
This act to be in force from and after its passage.

Approved, Feb. 13, 1835.

line

In force Feb. AN ACT to ascertain the County Line between the Counties
12, 1835. 0j ]y[organ and Sangamon.

Commissioners ^ec. *• ^e ^ enacted by the people of the State of Illinois,
appointed to represented in the General Assembly, Ihat William Wether-
ascertain said ford of Morgan county, and Henry Riggin of Sangamon,
and John K. Felts of Macoupin county, be, and they are
hereby appointed commissioners to ascertain, designate
and permanently establish the county line between the
counties of Morgan and Sangamon.
When and Sec. 2. Said commissioners, or a majority of them, at

where to meet. some dav before the first of June next, shall meet at Cooke
and Eastman's mill, and after having been sworn by some
justice of the peace of either Morgan or Sangamon coun-
ty, shall proceed to ascertain, designate and establish the
county line between said counties, beginning at the south
east corner of township twelve north, of range eight west,
of the third principal meridian, and running thence in a
northerly direction between the waters of Apple creek,
Mauvais Terre, and Indian creek on the left, and the wa-
ters of the Sangamon river, on the right, until they strike
the middle of range eight west; it shall be the duty of said

commissioners to plant and fix suitable stones at least
every mile from the place of beginning to the place of ter-
mination.

Sec. 3. It shall be the duty of said commissioners to- Shall make re
make three reports, and maps and copies of the field notes ports.
of the survey, one ol which they shall send to the Secre-
cretary of State, to be by him filed and preserved in his
office, and one shall be sent to the county commissioners'
court of each of the counties of Morgan and Sangamon,
and shall be by them recorded at length on the records of
said courts, and filed and preserved, and the line agreed on
by the said commissioners, shall forever thereafter be the
county line between the said counties.

Sec. 4. Said commissioners may employ a surveyor, and May employ a
such other hands as may be necessary to carry into effect surveyor,
the foregoing provisions of this act; and it shall be the du-
ty of the county commissioners' courts of Morgan and
Sangamon to allow to said commissioners two dollars for Compensation,
each day they shall be necessarily employed in performing
the duties enjoined upon them by this act; also, to said sur-
veyor three dollars for each day he may be employed, and
one dollar for each hand necessarily employed. The ex-
penses to be paid equally by the counties of Morgan and
Sangamon.

Approved, Feb. 12, 1835.

AN ACT regulating the mode of granting License to Clock ]n forc8 jan.

Pedlers. 31, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Prohibited from
represented ir^ the General Assembly, That no auctioneer, s.clli»g without
vender, pedler or other person shall hereafter be permitted hceusc-
to auctioneer, vend, peddle, sell, lease, hire, or traffic at
public auction, or private sale, any clock, wooden, metal or
composition, without first having obtained from the clerk
of the county commissioners' court of the county in which
he so vends, leases, hires, sells or peddles the same, a li-
cense for so doing, for which he shall first pay into the
county treasury of the county the sum of fifty dollars, Amount of li-
which license, when so granted, shall authorize the person ceuse-
therein named, to sell, vend, peddle, lease, hire, or traffic
in the county only where such license may have been ob-
tained, for the term of three months from the time of grant-
ing such license.

Sec. 2, Should any person or persons attempt to sell, Penalty for

soiling without hire, lease, traffic or vend any clock, or clocks, to any per-
iicense. son whatever, without first having obtained a license as

aforesaid, and without first having exhibted the same to the
person or persons he -offers or attempts to sell, lease or
traffic the same to, shall forfeit and pay the sum of fifty
dollars for each offence, one half to the use of the informer,
and the other half for the use of the county, which sum
shall be recoverable before any justice of the peace in said
county, and the offender liable to indictment as in other
Proviso. cases of misdemeanors: Provided, That nothing herein

contained shall be construed to prevent citizens of this
State from vending, leasing, or hiring any clock in the
common way of deal, such citizens not being obviously
pedlers in such traffic.
Duty of county Sec. 3. It shall be the duty of the county commissioners,
officers in reia- sheriffs, coroners, justices of the peace, constables and
tion thereto. derkg of the several courts [n ftfe State, and lawful for
any other person in case of their neglect, to cause all per-
sons who shall violate the provisions of this act, to be sued
for the aforesaid penalties, and the suit or suits caused to
be prosecuted to effect, and bail may be required in such
cases without affidavit, if the court or justice in their dis-
cretion shall deem the same necessary to secure the coun-
ty in the ultimate payment of any such penalty. So much
of the act, entitled "An act requiring merchants, auc-
tioneers, pedlers, and others engaged in the sale of goods,
wares, and merchandize in this State, to procure a license
for that purpose, under the penalties therein prescribed,"
approved, February 6th, 1831, as relates to clock pedlers,
be, and the same is hereby repealed.

Certificate. This bill having remained with the Council of Revision

ten days, Sundays excepted, and the General Assembly be-
ing in session, it has become a law, this 31st day of Janu-
ary, 1835. „*„„
J' A. P. FIELD,

Sec, of State.

In force Feb. AN ACT for tkc relief of John G. McDonald and others.

Auditor^ Sec. 1. Be it enacted by the people oftheStae ofllhrms,
his warrant in represented in the General Assembly, That the Auditor oi
favor of J. G. public acC0Unts be, and he is hereby required to issue his
McDonald lor ^arrant on the Treasurer for the sum of one hundred and

£150.

fifty dollars in favor of John G. McDonald, for one hun-

dred and ten days services as surveyor of the Vincennes
and Chicago road; and to Daniel W. Beckwith the sum of ToD.W.Bcck-
fifty dollars for making a plat of said road, payable out ofwithfol S50-
any money in the Treasury not otherwise appropriated.

Approved, Feb. 12, 1835.

AN ACT for the relief of Willard Tiviss. In force Jan.

31, 1835.

Whereas Willard Twiss, clerk of the county commis- Preamble,
sioners' court of the county of Bond, by issuing a marriage
license to John Hopton, Jr., by the fraud and misrepresen-
tation of the said John Hopton, Jr., as is alleged, has be-
come liable to be sued for the penalty of three hundred
dollars, given by the fifth section of the act, entitled "An
act concerning marriages," approved, February 14th, 1827:
Therefore —

Sec. 1. Be it enacted by the people of the State of Illinois, ^y Twiss re-
represented in the General Assembly, That the said Willard leased fiomcer-
Twiss be, and he is hereby released and entirely discharged tahl Penalty-
from the penalty so aforesaid granted by the fifth section
of the act above recited, to which he may have become
liable by issuing a marriage license to the said John Hop-
ton, Jr., as aforesaid: Provided, That if a suit shall have Proviso,
been commenced to recover said penalty, the said Willard
Twiss shall pay all costs which may have accrued to the
time of the passage of this act.

Approved, Jan. 31, 1835.

AN ACT for the relief of the securities of Thomas Moore In force Feb.
" and others. 6> 1835-

Sec. 1. Be it enacted by the people of the State of Illinois, Securities of
represented in the General Assembly, That William A. Mk-™JfJ^
shall, Abraham Marshall, and Charles W. Bacon, are here- certain recog-
by discharged and released from their recognizances, by nizances.
them entered into, as the securities of Thomas Moore in
the two cases of the people of the State of Illinois against
said Moore, now pending in the circuit court of Hancock
countv, and they are hereby authorized to plead this act

Securities of
Wm. Blocker
released from
certain recog-
nizances.

in bar to any proceeding on the said recognizances, or
either of them.

Sec. 2. That the estate of William Gaston and Squire
Craine, Robert Henderson and Conrad Will, are hereby
discharged and released from the recognizances by them
entered into as the securities of Timothy Blocker, in a case
of the people of the State of Illinois against said Blocker,
now pending in the circuit court of Jackson county, by
their paying all costs accrued thereon.

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

Approved, Feb. 7, 1835.

In force Feb.
12, 1835.

Certain law re-
pealed.

AN ACT for the relief of a person therein named.

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That an act, entitled
"An act to authorize George H. Beeler to keep a ferry on
the Kaskaskia river," approved, January 28th, 1833, be,
and the same is hereby repealed.

Approved, Feb. 12, 1835.

In force Feb.
13, 1835:

Proof of twelve
months resi-
dence in the
county necessa-
ry to obtain re-
lief.

When non-re-
sidents, how
dealt with.

AN ACT to amend the act, entitled "An act for the relief
of the poor" approved, March 1, 1833.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That when application
is made by any pauper, or paupers, to the county commis-
sioners' court of any county in this State, for relief, it shall
be necessary for said county commissioners' court to re-
quire of said pauper or paupers, satisfactory evidence that
he, she or they, have been residents of said county for
twelve months immediately preceding the day upon which
such application is made.

Sec. 2. That when on application made by any pauper
or paupers, to the county commissioners' court as afore-
said, it shall appear to the satisfaction of said court, that
the person or persons so applying for relief, have resided
in said county agreeably to the provisions of the first sec-
tion of this act, he, she or they, shall be entitled to all the
relief provided by the act to which this is an amendment:
but if on the contrary, it shall appear to the satisfaction of

said county commissioners' court, that said pauper or pau-
pers, shall not have been residents of said county agreeably
to the provisions of the first section of this act, they shall
proceed to remove from their county, at the expense of said
county, said pauper or paupers to the county or State
where said pauper or paupers may have had his, her or
their last place of residence, or may, if they think best, is-
sue a notice directed to some constable of the county,
which notice said constable shall serve forthwith on said
pauper or paupers, requiring him, her or them, to depart
said county forthwith; and after so serving said notice, by
reading the same to said pauper or paupers, said constable
shall, within five days thereafter, return the same to the
clerk of the county commissioners' court issuing the same,
noting the time and manner of serving the same thereon.

Sec. 3. After service of such notice as aforesaid, no pau-
per or paupers shall be entitled to relief from such county,
any law or custom to the contrary notwithstanding.

Sec. 4. The county commissioners' court of any county County com-
in this State, may, if they see proper, cause to be built or missioners au
procured, in their respective counties, convenient work- er"Jt"0rk
houses for the accommodation and employment of such houses,
paupers as may from time to time become a county charge;
said work-houses and paupers to be under such rules and
regulations as said county commissioners' court may deem
proper and just; and that'if any person shall bring and
leave any pauper or paupers in any county in this State,
wherein such pauper is not lawfully settled, knowing him
or them to be paupers, he shall forfeit and pay the sum of
one hundred dollars for every such offence, to be sued for
and recovered by, and to the use of such county, by action
of debt, before' any justice of the peace in the proper
countv.

Approved, Feb. 13, 1835.

AN ACT for the benefit of Bank Debtors. In force F.b.

J ' 14, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, intererest and
represented in the General Assembly, That every person in-g^Jj^?-
debted to the State Bank, (cashiers, purchasers of Bank
property and collectors, excepted,) shall be allowed to pay
such debt or debts in three annual instalments, and that all
interest now due, and twenty-five per cent, of the princi-
pal, shall be remitted.

Sec. 2. That all persons desirous of taking the benefit Ol Persona ntsi-

rous of taking this act, shall apply to the Treasurer of the State, or any
acuhow topic- °^[ieT collector or agent of the said State Bank, and can-
ceed. eel all obligations of indebtedness subsisting between such

persons and the Bank, by giving their promissory notes,
under seal, with approved security, payable as provided in
the first section of this act, to the Governor of the State
for the use of the people of the State; and all promissory
notes or other obligations thus executed, shall be in con-
sideration of the forbearance and indulgence herein exten-
ded, and no plea to the consideration or the constitution-
ality of the Bank, shall be considered valid in law or re-
ceived in any court, before which actions may be brought
for the recovery of the debts or obligations hereby created.

Approved, Feb. 13, 1835.

In force
7, 1835.

Feb. AN ACT for the relief of Thomas Redmond.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Thomas Redmond
shall be relieved from any further payment for certain Van-
dalia out-lots, upon his paying fifty dollars: Provided, the
same is paid within eighteen months after the passage of
this act.

Approved, Feb. 7, 1835.

In force Feb.
13, 1835.

Preamble.

J. Robb releas-
ed from pay-
ment of a cer-
tain fine.

AN ACT for the relief of John Robb.

Whereas John Robb was lately tried and found guilty of
manslaughter, in the Fayette county circuit court, at a spe-
cial term thereof, and sentenced to the penitentiary for the
term of three months; and whereas the Governor of the
State has pardoned the said Robb, whereby he has been
released from punishment by confinement in the peniten-
tiary; and whereas said Robb is still in prison for the non-
payment of the fine imposed on him by the Judge of the
aforesaid circuit court: Therefore —

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the fine of fifty
dollars, imposed on John Robb at the late special term of
the Fayette county circuit court by the Judge thereof, be,

and the same is hereby remitted and released to him for-
ever.

Approved, Feb. 13, 1835.

AN ACT for the benefit of William Allen. In force Jan

31, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Certain con-
/epresented in the General Assembly, That the contract en- tl-act confirm,
tered into between William Allen and Malina Rogers, (now e(
Malina Allen,) both from Hamilton county, on the first day
November, 1832, be, and the same is hereby confirmed and
declared of full force, any law to the contrary notwith-
standing; and the record of the said contract, and of the
acknowledgment of the said parties thereto, in the record-
er's office of the said county of Hamilton, shall be deemed
and taken as competent evidence of the execution of said
contract.

This bill having remained with the Council of Revision Certificate.
ten days, Sundays excepted, and the General Assembly be-
ing in session, it has become a law, this 31st day of Janu-
ary, 1835.

A. P. FIELD,

Sec. of State.

AN ACT for the benefit of John Groves. In force Jan.

Sec. 1. Be it enacted by the people of the State of Illinois, Comroisaionera
represented in the General Assembly, That the commission- gjfj^ to"
ers heretofore appointed by law to superintend the con- settle with.
struction of the necessary improvements to the navigation
of the Little Wabash river, or a majority of said commission-
ers, are hereby authorized and required to adjust the ac-
counts of John Groves, on a contract for the erection of a
lock at Robinson's mill-dam on the said river, and to execute
to said Groves, upon ascertaining what balance, it any, is due Any balance
to him on his said contract, a certificate setting out that such *£*£"*
balance does so remain due ; and upon production of said cer-
tificate to the commissioner for the sale of Saline lands at
Equality, the said Groves shall be entitled to purchase lane
from the said commissioner, to the amount of the sum stated

to be due by the certificate aforesaid, at the rate per acre pro-
vided by law, or he may purchase a less quantity if he pre-
fer, and the said commissioner shall endorse on the said cer-
tificate the number of acres so purchased by the said Groves,
and file the same in his office, and the said commissioner
shall issue and grant to the said Groves, certificates of pur-
chase, in the usual form, and make a special entry on his
books, explaining the transaction, and the certificate of the
commissioners first named, to the said Groves, shall be ta-
ken as payment for such lands as may be so purchased by
him according to the amount purchased: Provided, That
the said selections to be made by the said John Groves,
shall be of the first thirty thousand acres ordered to be
sold, and should any of the lands in said reservation be
hereafter relinquished, and others selected in lieu thereof,
the said Groves shall not interfere with any pre-emption
right heretofore granted thereon.

Approved, Jan. 20, 1835.

In force Jan. AN ACT for the benefit of the Clerk of the Circuit and
27> 1835- County Commissioner' s Court of La Salle County.

Authorized to gEC# j. ge fa enacted by the people of the State of Illinois,
at his place of represented in the General Assembly, That the Clerk of the
residence. circuit and county commissioners' court of La Salle coun-
ty, be, and he is hereby authorized and permitted to keep
his office as clerk of said courts at his present residence,
where said office is now kept, any law to the contrary not-
Proviso. withstanding: Provided, this act shall not be so constru-

ed as to authorize the said clerk to make any charge against
said county for office rent.

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

Approved, Jan. 27, 1835.

In force Jan. AN ACT for the benefit of Daniel Curtin.

7, 1835.

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

State to the es- represented in the General Assembly, That all the right, title
tate of E. But- an(j interest which the State now has or hereafter may ac-
upon.0n mn quire by escheat, in the real estate of Edward Butler, late

of Equality, deceased, be, and the same is hereby released
to, and confirmed upon Daniel Curtin of Gallatin county.

Sec. 2. The said Daniel Curtin shall be entitled to pro- How to pro-
ceed, in his own name, in the same manner as the State's ceed*
Attorney, on behalf of the State, is authorized to proceed,
under "An act regulating escheats," approved, March 1st,
1833; and the same process shall be awarded to the said
Curtin, and judgment had in his name and for his benefit,
as the State would be entitled to under the said act; the
court proceeding in all respects by the same rules as are
prescribed in said act, for the regulation of information on
behalf of the State.

Sec. 3. It is hereby intended that the rights of the un- Unknown
known heirs of the said Edward Butler, deceased, if any heils-
there be, shall stand and be in all respects under the pro-
visions of the escheat laws of this State now in force.

Approved, Jan. 7, 1835.

*#iV ACT for the relief of a person therein named* In force Feb.

13, 1835.

Sec. 1 . Be it enacted by the people of the State of Illinois, County com-
represented in the General Assembly, That the county com- nussioneraof
missioners of Morgan be, and they are hereby authorized ^S ™ JJJ
and required to take into consideration a certain claim set sider the claims
up by William Spencer, a citizen of said county, praying of Wm- sPen~
u remuneration for damages he sustained by the sale of sec- cer'
tion numbered sixteen, in township thirteen north, of range
nine west.

Sec. 2. Be it further enacted, That if it shall appear to If found just,
the satisfaction of the court that the claim is just, they how i,aid-
shall authorize the Trustees of the township aforesaid, to
pay said Spencer any sum not exceeding seventy-five dol-
lars, as they may think just, out of the money which accru-
ed from the sale of said section, and it shall be the duty of
the School Commissioner to pay the Trustees the money
to be appropriated as they may deem just.

This act to take effect from and after its passage.

Approved, Feb. 13, 1835.

In force Jan. £]$ ACT for the benefit of the Town of Quincy in Adams
31' 1835, County.

Trustees au- gEC> j. Be {t enacted by the people of the State of Illinois,
erectZwharves represented in the General Assembly, That the Trustees of
and ferries. the town of Quincy, in the County of Adams, shall have
power to erect, build and establish wharves on the bank of
the Mississippi river, in front of said town, and to rent or
And to regulate 0^jierwjge ren-ulate or keep the same as they shall see pro-
per, and to establish the rates ol tolls on the same. The
said Trustees shall also have power to establish a ferry or
ferries from the landing in front of said town, across the
Mississippi river, and to rent, regulate or keep the said fer-
ry or ferries, and the profits of said ferry or ferries and
wharves, are hereby vested in said Trustees, to be used as
other funds belonging to the corporation of said town, and
the said Trustees shall also have power to fix the rates of
ferriage at any ferry established by them as aforesaid; and
any such ferry, when established, shall, in all other respects,
be regulated by the laws, now or hereafter to be in force,
relating to ferries in this State.

Approved, Jan. 31, 1835.

In force Dec. AJS ACT for the relief of Douglass Merrill and William
24' 1834- Gassaway.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the sum of seven-
ty-five dollars be, and the same is hereby appropriated to
Douglass Merrill; and William Gassaway twenty-five dol-
lars, to be paid on the warrant of the Auditor, out of any
moneys in the Treasury not otherwise appropriated, in full
compensation for the apprehension, by said Merrill, of Hen-
ry C. Shouse, since convicted of murder in the Pope coun-
ty circuit court.

Approved, Dec. 24, 1835.

In force Jan. AN ACT for the benefit of the Sheriffs therein named.
31, 1835.

Said sheriffs ai- Sec. 1. Be it enacted by the people of the Stale of Illinois*
lowed until the represcnte(j jn t}le General Assembly. That the Sheriffs of the

(list day ol J unc * . •'? „ i 1 • r^ 1

next to settle counties ol Sangamon, Morgan, Washington, r ranklm, Gal-

latin , Perry, St. Clair, Pope and Fayette, be, and are here- with count,
by allowed until the hrst Monday in June next to settle co»""^«>'
with the county commissioners' courts of their respective C°m'
counties, for the tax collected for and during the year one
thousand eight hundred and thirty-five: Provided, said P •
Sheriffs shall pay over to the Treasurer of their respective ^
counties, on the first Monday of March next, all the mo-
ney that may at that time have been collected for the taxes
aforesaid.

Approved, Jan. 31, 1835.

AN ACT for the benefit of the Infant Heirs of Willis Sny- j„ force Dec.
der, deceased. 17, 1834.

Sec. 1. Be it enacted by the people of the State of Illinois, Guardian of
represented in the General Assembly, That Samuel Snyder, Slli(l heils w-
guardian for Philip Snyder and Willis Snyder, infant heirs thori?ed t0 ?est
of Willis Snyder, deceased, be, and he is hereby authorized rfSSJh"
to vest such portions of the moneys of said infant heirs as veal estate-
are in his hands, over and above what shall be sufficient to
raise and educate them, in real estate, the same to be pur-
chased in such a manner as the said guardian may deem
most conducive to the interest of the said infant heirs, and
the deeds for the same to be taken in the names of the said
infant heirs.

Approved, Dec. 17, 1834.

AN ACT for the benefit of Robert Ritchey. \» force Feb.

6, 183.5.
Sec. 1. Be it enacted by the people of the State of Illinois, Certain ferry
represented in the General Assembly, That the ferry hereto- privileges con-
fore established by the county commissioners1 court of Gal- «.rre^on saif|
latin county, at their September term, 1834, over the Ohio
river, on section sixteen, township twelve south, range ten
east, where the road leading from St. Louis to the southern
part of Kentucky by Ford's ferry, on the Kentucky side
of said river, crosses the same, be, and the same is hereby
confirmed and fully established to and for Robert Ritchey
and his assigns or heirs, with all the rights and privileges
belonging to the same, and which may be necessary to the
keeping up and enjovment thereof.

Sec. 2. That, that part of the road above mentioned,

leading from Equality to Ford's ferry on the Ohio river, as

it now runs, and. on which the said ferry is established, be,

and the same is hereby declared to be a state road.

County com- Sec. 3. That whereas the aforesaid road meets the Ohio

missioners of riVeT at a point included by fractional section numbered six-

Gaiiatinto te jn township twelve south, range ten east, in Gallatin

J6Q.S6 tO StllCl i^-i ■■ c ' l j.

Ritcheycertain county, therefore, the county commissioners oi said county

lands. 0f Gallatin, be, and they are hereby authorized and required

to execute and deliver to said Ritchey, a lease for any quan-
tity of the land of the said section numbered sixteen, for

Proviso. any term not exceeding fifteen years: Provided, the quan-

tity of said land shall not exceed eighty acres. The said
lease shall be made upon such terms and upon such condi-
tions as the said county commissioners shall deem condu-
cive to the interest of the inhabitants of the said township:

Further pro- Provided, the consent of three-fourths of the legal voters
of the township shall be obtained to the making such lease.

Approved, Feb. 6, 1835.

ViSO

In force Jan. AN ACT for the benefit of the Infant Heir of James Ma-
26, 1835. S07lt) deceased.

Guardian au- Sec. 1. Be it enacted by the people of the State of Illinois,
thorized to sell represented in the General Assembly^ That Sarah Mason,
certain real es- guardian of Martha Maria Mason, infant and only heir of
James Mason, deceased, on filing with the Judge of Pro-
bate of the county of Madison, a bond with good and suf-
ficient securities to be approved of by said Judge, in such
sum as may be deemed sufficient by said Judge, condition-
ed for the true and faithful discharge of the duties enjoined
by this act, and that, as the guardian of said infant heir,
she will well and truly pay over to said heir all the moneys
arising from the sale of lands herein authorized; shall be
and is hereby empowered to sell and convey by sufficient
deed or deeds, all the lots and lands adjoining to the town
of Grafton, of which the said James Mason died seized,
either at private sale, under the direction and sanction of
the said Judge, or at public sale, on giving due notice ac-
cording to law, and upon such terms as to credit or not to
credit, as the said guardian, by the direction or sanction of
the said Judge, may deem proper and most beneficial to
her said ward.
Proceeds how Sec. 2. The moneys arising from the said sales, shall be
applied. chargeable in account with her ward to the said guardian,

and shall be laid out by her to the best advantage of her
said ward: Provided, That if in the course of administra- Proviso,
tion, it shall appear that the personal estate of the said Ma-
son should not be sufficient to pay the debts, the said mo-
ney so arising from such sale, shall be subject, by order
of the said Judge of Probate, to payment of such deficiency.

Sec. 3. That said Sarah Mason, being also administratrix Conveyances
of said James Mason, deceased, is hereby authorized and SrtJJJJ*^,
empowered, as such administratrix, to make and execute m.
deeds for lots and lands in the town aforesaid, or elsewhere
in this State, to the purchasers thereof, or their assigns,
whenever complete payment shall be made therefor, as the
said James Mason, if alive, would be required to make the
same, which deeds so executed, shall be good and sufficient
in law, to pass the estate, right and title of the said heir of
said Mason, deceased, to all intents and purposes as if exe-
cuted by her when of full age.

Approved. Jan. 26, 1835.

AN ACT for the benefit of the Counties therein named. Inform Feb.

Sec. 1. Be it enacted by the people of the State of Illinois, The rum ap-
represented in the General Assembly, That the sum of two j:hr°^apreovc°
thousand dollars, appropriated to improve the navigation ment of the
of the Kaskaskia river, by an act providing for the sale of J^iariT<
the Vermilion Saline Reserve and appropriating the avails
thereof, approved, January 19th, 1829, be, and the same is
divided and appropriated as follows:

To the county of Randolph, the sum of three hundred Randolph.
dollars, to be expended in the erection of a bridge over
Mary's river, where the State road from Brownsville to
Kaskaskia crosses the same.

To the county of Perrv, one hundred dollars, to be ap- Perry.
plied in building bridges, as the county commissioners
court may direct. .

To the county of Monroe, the sum ot two hundred and Monroe.

fifTo °thTcounty of Washington, two hundred and fifty Washington.

dollars. , ,, _ .

To the county of St. Clair, three hundred dollars. St. ( tar.

To the county of Clinton, four hundred dollars. Chnton.

To the county of Fayette, three hundred dollars. Fayette.

To the county of Marion, one hundred dollars, to be ap- Mar**.,
plied to internal improvements.

To the county of Bond, one hundred dollars.

Auditor to
draw his war-
rant on the
Treasury for
the several
sums hereby
appropriated,
in favor of the
several coun-
ties.

Sec. 2. Whenever the money arising from the sales of
the Vermilion Saline lands shall be received into the Trea-
sury, as provided for by law, at the present session, it shall
be the duty of the Auditor of public accounts, on the ap-
plication of the county commissioners of the several coun-
ties aforesaid, or their authorized agent, to issue his war-
rant on the Treasurer for the several sums respectively
hereby appropriated to the counties aforesaid, and which
said money, when so received, shall be deposited in the
several County Treasuries, for the use of the people of said
counties: Provided, That said Auditor shall not issue said
warrants for an amount exceeding that which would be
payable for the improvement of the Kaskaskia river, un-
der the laws now in force for the distribution of the pro-
ceeds of the Saline lands. So much of the act to which
this is an amendment, as comes within the purview of this
act, is hereby repealed.

Approved, Feb. 13, 1835.

In force Jan.
20, 1835.

AN ACT for the relief of the Sheriff of Jackson County.

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly, 'That the Governor is
hereby authorized to issue a commission to William Wor-
then, who was elected Sheriff of the county of Jackson at
the general election held in August last, upon his produ-
cing and filing satisfactory evidence that he was not in ar-
rears to the State, or County, for taxes or other public mo-
ney at the time of his election.

This act to take effect from its passare.

Approved, Jan. 20, 1835.

In force Feb. AN ACT for the relief of Warren County.

7, 183j.

Appropriation Sec, 1. Be it enacted by the people of the State of Illinois,
made thereto, represented in the General Assembly, ' That the Auditor of
public accounts be, and he is hereby authorized and requi-
red to draw his warrant on the Treasury in favor of the
county commissioners of Warren county, for the use of
said county,^ for the sum of one hundred and eighty-nine
dollars and forty cents, as an indemnity for expenses incur-

red in the capture and imprisonment of four Indian prison-
ers of the Sac and Fox nations, who were arrested and
surrendered to the custody of the Sheriff of said county,
on the demand of the President of the United States, at
the request of the Legislature, for the supposed murder of
William Martin on Henderson river, during the late Indian
disturbances on our north western frontier, to be paid out
of any money in the Treasury not otherwise appropriated.
This act to take effect from and after its passage.

Approved, Feb. 7, 1835.

AN ACT, to repeal "An act for the relief of the Securities in force Jan.
of Henry Boyer," late Sheriff of Gallatin county, appro- 7, 1835.
red, February 26, 1833.

Sec. 1. Be it enacted by the people of the State of Illinois, Arts repealed.
represented in the General Assembly. That so much of the
act, entitled "An act for the relief of the securities of Hen-
ry Boyer," late Sheriff of Gallatin county, approved, Fe-
bruary 26, 1833, as authorizes and empowers Michael
Sprinkle, William McCoy, and Michael Jones, or any one
of them, to collect any and all taxes that may be due on
the books of said collectors, for the years 1824 and 1825,
by distress and sale of personal or real estate, in the same
manner that Sheriffs may now lawfully collect taxes, and
enforce the payment thereof, be, and the same is hereby
repealed.

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

Approved, Jan. 7, 1835.

AN ACT, entitled "Jin act for the relief of Lewis J. Clawson. In force Jan.

J J J 24, 1835.

Whereas, it appears by the Report of the Inspectors of Preamble,
the Penitentiary, that after expending all the money appro-
priated for Penitentiary purposes, a balance of two hun-
dred and twenty-three dollars remains due and unpaid to
Lewis J. Clawson for work done by said Clawson upon the
Penitentiary wall, under a contract made by said Inspec-
tors with said Clawson; and whereas it appears by the Re-
port of the Auditor of public accounts, that the whole

amount of money arising from the proceeds of the sales
of Saline lands and paid into the State Treasury for Peni-
tentiary purposes, has been drawn by the Inspectors of the
Penitentiary : Therefore —

Auditor to issue Sec. 1. Be it enacted by the people of the State of Illinois,
warrant m fa- represented in the General Assembly, That the Auditor of
ciawsoufoi- public accounts be, and he is hereby authorized and requi-
$223. red to draw his warrant on the Treasurer in favor of Lewis

J. Clawson for the sum of two hundred and twenty-three
dollars, which the said Treasurer shall pay out of any mo-
ney in the Treasury not otherwise appropriated.
Said sum to be Sec. 2. The aforesaid sum of two hundred and twenty-
appropriated three dollars, shall be appropriated, by the State Treasurer,
tentiary fund"" *° State purposes, out of the next money arising from the
to State pur- sale of Saline lands, and paid into the Treasury for Peni-
poses. tentiary purposes.

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

Approved, Jan. 24, 1 835.

In force Feb. AN ACT for the relief of the Sheriff of Union County.
7, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Champion Ander-
son, Sheriff of Union county, be, and he is hereby allowed,
out of the State Treasury, the sum of twenty-eight dollars
and seventeen cents, in full for his services as Sheriff of
Union county, in selling Bank property.

Approved, Feb. 7, 1835.

In force Jan. JlN ACT for the relief of Cook County.

31, 1835.

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

of school lands represented in the General Assembly, That the Commissioner

a°uthodzeCdUtoty°f the Sch°o1 Lands for Cook county, Illinois, be, and he
loan money to is hereby authorized to loan to the county of Cook a sum
county commis- 0f money not exceeding twelve thousand dollars, out of the
sioners. funds of township thirty-nine north, range fourteen east,

of the third principal meridian in said county, at a rate of in-
Rate of interest terest not less than ten per centum per annum, payable

semi-annually.

Sec. 2. The money so borrowed by the said county, shall How expend-
be expended under the direction of the county commisson- ed<
ers of said county, in erecting a Court House in the town
of Chicago, in said county; and the said Court House, when
so erected, and the ground upon which the same is situate,
and the revenues of the said county are hereby pledged to
the school fund of said township for the re-payment of the
money so borrowed: Provided, however, That it shall be Proviso,
discretionary with the said county commissioners to bor-
row the said sum of money or not, as they may see proper.

Sec. 3. The said sum of money so authorized to be loan- To be a loan
ed to the said county of Cook, shall be considered a loan to fol* ten >'cars-
the said county for the term of ten years, but reimbursable
at the pleasure of the county commissioners of said county.

Sec. 4. It shall be the duty of the county commissioners Interest how
of said county of Cook, in the event the said loan shall be Po-
made, to provide sufficient revenues, by a tax or other-
wise, to pay the interest on the same as it shall become
due and payable: Provided, however, That the corporate Proviso,
authorities of the town of Chicago shall, and they are here-
by required to pay, one-fourth of the interest of said loan,
as the same shall become due and payable, out of the Trea-
sury of said corporation.

Sec. 5. The commissioner of school lands for the said May loan mo-
county of Cook, is hereby authorized to loan the school ne>' m inoitg;i
funds of said county, by taking a mortgage upon unincum- personlu^ecu-
bered real estate, in double the value of the sum so loaned; rity.
and also good and sufficient individual security: Provided, Proviso.
That all sums of one hundred dollars and under, may be
loaned upon good personal security.

Approved, Jan. 31, 1831.

AN ACT for the relief of the People of White County. In force Jan.
J J J 24,1825.

Sec. 1 . Beit enacted by the people of the State of Illinois, County com-
represented in the General Assembly, That the county com- rnissioners au-
missioners' court of White county, be, and is hereby au- loca^ece^"
thorized and empowered to cause to be reviewed and re- State road,
located any State road in said county, in the same manner
and under the same restrictions as other roads in said coun-
ty may be reviewed and re-located: Provided, no State
road shall be altered or changed at the point where the
same may cross the county line.

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

Approved, Jan. 24, 1835.

In tee Jan. jjy ACT to authorize Wilman and Weed to establish a Fer-
ry on the Little Wabash River.

Wilman and Sec. 1. Be it enacted by the people of the State of Illinois,
Weed author- represented in the General Assembly, That Charles J. Wil-
fe^onSfe i™11 and Charles J. Weed be, and they are hereby author-
Wabash. ized to establish and keep a ferry on the Little Wabash
river, at their mill near Carmi, to be subject to the same
rules and regulations as now or hereafter may be provided
by law, the rates of ferriage to be prescribed by the coun-
ty commissioners' court of White county.

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

Approved, Jan. 7, 1835.

In force Feb. AN ACT to change the. name of Clai/born Elder.

10, 1835. . J

. Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the name of Clay-
born Elder, the adopted son of Alfred Bell, be and the same
is hereby changed to the name of Clayborn Elder Bell, and
by this name he shall hereafter be called and known, and
all gifts, grants, rights and hereditaments due, or coming to
the said Clayborn Elder, shall, in nowise, be effected by
the change hereby made in the name of said Clayborn El-
der. And in the name of Clayborn Elder Bell he may sue
and be sued, plead and be impleaded, and it shall be valid
in law.

This act to take effect from and after its passage.

Approved, Feb. 10, 1835.

In force Jan. AN ACT, further to amend "An act to authorize James
29, 1835. jytegj fo jmijd Q rpQfa j^ryge across tfre Embarrass Rive

'er.

Allowed two Sec. 1. Be it enacted by the people of the State of Illinois,

pkteSsaid0m" rePresente(Z in the General Assembly;, That James Nabb have

bridge. two years from the passage of this act, to complete his

bridge so as to entitle him to the rights and privileges

granted by the act to which this is a further amendment.

Authorized to Sec. 2. The said James Nabb shall be, and he is hereby

sSroacf °' authorized t0 change a part of the State road leading from

Vktcermes to St. Lotlis, so as to make said road pass over

said bridge: Provided, the said James Nabb shall not be Pro*,
allowed to obstruct the ford below said bridge in any man-
ner by changing said road. 3

Approved, Jan. 29, 1835.

AJSLAPT ? ™thorj™ -Alexander Kirkpatrick and William In force JM.
Uxck to build a Toll Bridge across the Saline Creek at 14' 1835-
Jbquality.

Sec. 1. Be it enacted by the people of the State of Illinois, Kirkpatrick &
represented in the General Assembly, That there be, and here- Hick author"
by is granted to Alexander Kirkpatrick and William Hick MiWttIld a
on the terms and conditions hereinafter mentioned, the pri-Sro«Sne
vilegc oi building and keeping a toll bridge at or near the creek-
place where the present bridge crosses the Saline creek at
Equality is erected.

Sec. 2. The said bridge shall be a good and substantial When t0 b8
wooden bridge, oi sufficient strength to support, loaded built
wagons and their teams, or droves of cattle; which said
bridge shall be built and fit for use on or before the expira-
tion ot the charter of the present bridge; which said char-
ter was, by the General Assembly of this State, granted to
James A. Richardson, December 23d, 1824, and now held
by the said Alexander Kirkpatrick and William Hick, and
they shall be entitled to receive the same rates of toll as Rat f
are now allowed by the charter aforesaid; and the said 8°
Kirkpatrick and Hick, their heirs or assigns, in the occu-
pation of said bridge, shall keep the same in good repair,
so as to afford, upon payment of toll as aforesaid, at all
times, a safe and speedy passage to passengers and their
property. And if, at any time, said bridge shall unavoida- When left on*
My get out of repair, the said Kirkpatrick and Hick, or of repair,
person or persons, holding under them, shall keep a good
and sufficient ferry-boat or boats, at or near the bridge, for
the transportation of passengers and their property, which
boat or boats shall be manned by competent hands, having
the banks on each shore, dug down, or otherwise rendered
safe and convenient for access of wagons and other vehi-
cles, to the ferry-boat; and shall, as long as the bridge may
be out of order, give safe, convenient and speedy passage
to all passengers and their property, upon tender of the
payment of toll, at the same rates as is allowed by the
'Charter aforementioned for crossing the bridge. And if
the said Kirkpatrick and Hick shall, at any time, suffer the
said bridge to be out of repair, so as to be unsafe to pas-

sengers, for the space of three months, the said bridge and
the privileges hereby granted, shall be forfeited to the coun-
Provho. ty of Gallatin: Provided, That if all reasonable exertions

be made and prosecuted by them or their assigns, occupiers
of said bridge, to effect its complete repair; and by high wa-
ter or other uncontrolable cause, it be apparent, that such
repair could not reasonably be made, then, and m that case,
there shall be no such forfeiture; but the said bridge shall
as soon after as practicable, be put in good repair.
Persons when Sec. 3. All grand and petit jurors going to and return-
fxempted from mg from court, and militia men going to and returning from
paying toll. musters, and all persons going to and returning from State
or County elections, shall be allowed to pass over said
bridge or ferry free of toll.
Pviviweshere- Sec. 4. The privileges granted by this act, may be trans-
bygSmuy ferred by the said Kirkpatrick and Hick to any other per-
be transferred. son or persons, subject to the restrictions by this act pro-
vided; and at the end of ten years from and after the com-
mencement of the present charter, the bridge hereby au-
thorized in good order, safe and sound, shall mure to, and
County of Gal- become the property of Gallatin county, upon payment by
lahtiam^ri" the said county to the proprietor or proprietors of the same,
bridge. the fair value thereof, to be ascertained by two citizens ol

said county, one to be chosen by the county commission-
ers' court of said county, and the other by the proprietor
of said bridge; and should the persons thus chosen, disa-
gree in their valuation, they shall choose a third person to
decide, whose decision shall be final; and upon payment
being made by the county commissioners' court as afore-
aforesaid, the said bridge shall be surrendered to the said
court or their authorized agent to receive the same.
Authorized to Sec. 5. The said Kirkpatrick and Hick shall be allowed
enter certain to enter and purchase at the office of the commissioner for
lands. the sale 0f Saline lands in Gallatin county, forty acres of

land, on the south side of Saline creek, at the minimum
price of said Saline lands; to be laid off so as to have their
bridge in, or as near as practicable to the centre of the
north line on the creek; having the creek with its general
course for the length of one line of forty acres for the
base, and lines to run therefrom at right angles, so as to
include the said quantity of forty acres as aforesaid. And
the said commissioner is hereby authorized and required to
"rant to the said Kirkpatrick and Hick the usual certificate
upon the making such purchase; and the said commissioner
shall then strike off, and enter as purchased, forty acres ot
land, now selected, of such part of the selection as lie may
deem the most unlikely to sell: Provided, audit is one of
Provisa the conditions of said grant, That public roads and pipe

lines now crossing the tract, which may compose the said

forty acres, shall forever remain public highways and pri-
vileges, until changed agreeably to law.

Approved, Jan. 14, 1835.

AN ACT to authorize Ransom Higgins to build a Toll i„ force Feb.
Bridge across Bon Pas creek in Edwards County. 9, 1835.

Sec 1. Be it enacted by the people of the State of Illinois, Ransom Hig-
represented in the General Assembly. That Ransom Hieeins S1? ?"th^™ed

• u U +U • J * U -U , i i •! r, &^t to build a toll

is hereby autnonzed to build a toll bridge across Bon Pas bridge.
creek, at or near his mills in Edwards county.

Sec. 2. The rate of toll for crossing said bridge shall be Rates of toll,
as follows, namely: For every four wheeled carriage, with
four or more oxen, horses or mules, thirty-seven and a half
cents; for every four wheeled carriage, with two and not
more than four oxen, horses or mules, twenty-five cents;
for every wagon, dearborn or gig, with one horse, twelve
and a half cents; for a man and horse, six and a fourth
cents; for each horse, mule or ass, or head of horned cat-
tle, two cents; for each hog, sheep or goat, one cent: Pro-
vided, That no charge shall be made for any person or per-
sons with their horses, carriages, oxen or mules, going to
or returning from said Higgins' mill for the purpose of
grinding their grain.

Sec. 3. Whenever the county commissioners' court of County com-
Edwards county shall deem it expedient to purchase said EdwardTcoun-
bridge, and make it a free one, they shall have the right to ty may pur-
do so, upon paying the said. Higgins the original cost of chase the same,
said bridge, with ten per cent, thereon. The said Higgins,
after having completed the said bridge, shall make out and
file with the clerk of the county commissioners' court of
said county, an accurate account of the cost of said bridge,
and make oath of the correctness thereof, before said clerk
or some justice of the peace of said county.

Sec 4. Said Higgins shall, at all times, afford a speedy
passage to all persons and their property, on payment of
the lawful toll; and he is hereby authorized to demand and
receive the tolls as herein allowed, for the term of twenty
years, and to erect a gate or gates at either end of said
bridge; and if the said bridge shall, at any time, be out of If said bridge
repair for ten days together, the said Higgins shall forfeit shall be out of
and pay a fine of fifty dollars, and a like fine for every ten "P"^-
days thereafter that the said bridge may remain out of re-
pair, to be recovered by action of debt, one half to be paid
to the person suing for the same, and the other half to be

paid into the County Treasury: Provided, That no injury
to said bridge, caused by fire, high water, or other unavoida-
ble cause, shall work a forfeiture, if reasonable diligence be
used in repairing the same.
When said Sec. 5. Said Higgins shall commence the erection of said

bridge shall be bridge within one year, and complete it within two years
and"comp6ieted. fr°m tne date °f beginning: Provided, nothing in this act
contained shall be construed to authorize said Higgins to
obstruct the ford over said stream.

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

Approved, Feb. 9, 1835.

In force Jan. AN ACT to authorize Samuel Mustek to build a Toll Bridge
7> 18,"i5, across Salt creek in Sangamon County.

Samuel Musick Sec. 1. Be it enacted by the people of the State of Illinois ,
buad°aZMd°e rePresentec^ *w the General Assembly, That Samuel Musick,
across Salt his heirs and assigns, be, and they are hereby authorized to
creek. erect a toll bridge across Salt creek in Sangamon county,

at or near the place where the said Musick is now author-
ized to keep a ferry. At either end of said bridge, the said
Musick, his heirs and asaigns, are hereby authorized to
place a toll gate, where he or they may ask and demand of
Rates of toil, all and every person passing, the rates of toll which may
from time to time be fixed by the county commissioners1
court of the county of Sangamon.
When to com- Sec. 2. The said Samuel Musick, his heirs and assigns,
mence the gj^ commence the building of said bridge within nine

building of the , . <=> o. .

same. months, and have it so tar completed within eighteen

months from and after the passage of this act, as to admit
the safe passing of persons, wagons, teams, cattle, &c,
over it.
Shall keep it in Sec. 3. The said Samuel Musick, his heirs and assigns,
good repair, shall at all times, after the completion thereof, keep said
bridge in good repair, and allow a speedy passage to all
persons and their property over it, upon the receipt of the
tolls, in such cases allowed, as herein provided; and if, at
When out of any time, the said bridge be left out of repair, so that the
repair. same be impassable for the space of twelve months at any

time, the said bridge shall accrue and belong to the county
Proviso. of Sangamon: Provided, however, That the destruction of

said bridge by fire, high water, or other casualty, shall not
work a forfeiture of privileges hereby granted; but the said
Samuel Musick, his heirs or assigns, shall proceed immedi-
ately to repair the same.

Sec 4. No person shall, within ten years thereafter. Prohibition
build a bridge, or establish a ferry across said creek within fl'01" buildin6
the distance of one mile above or below said bridge: Pro- one SteXSetf
vided, the said Samuel Musick, his heirs or assigns, shall for ten years.
erect and keep up said bridge for that space of time as by l'"»>™-
this act authorized.

Sec. 5. Whenever the county commissioners of said Commissioners
county of Sangamon, shall deem it expedient to purchase of Sangamon
said bridge, they shall have the right so to do, by paying puwha^Sd
the said Samuel Musick, his heirs or assigns, the original bridge,
cost of said bridge, and for the purpose of enabling the
county commissioners to make said purchase, it shall be
the duty of said Samuel Musick, his heirs or assigns, to file
with the clerk of the county commissioners' court of said
county, such vouchers as shall be deemed sufficient by the
commissioners to ascertain the cost of said bridge.

Sec. 6. If the said Samuel Musick, his heirs or assigns, prohibited
shall at any time obstruct rrw ford on said creek, at or near from obstruct-
the said bridge, in any manner, he or they so offending, ins fovtl-
shall forfeit and pay the sum of one hundred dollars for
every such offence; to be recovered by action of debt in
any court having competent jurisdiction thereof; one half
of which shall go to the use of the person informing, and
the other to the use of the county.

Sec. 7. That the county commissioners of said county, County com-
shall have full power to levy a tax on said bridge, as is pro- jnissioners t(1
vided in "An act to provide for the establishment of fer-^J^
ries, toll bridges, and turnpike roads," approved, February
12th, 1827.

Approved, Jan. 7, 1835.

reon.

AN ACT to provide for building- a Toll Bridge across the Tn force Feb.
Little Calimic. l1' 1835-

Sec. 1. Be it enacted In/ the people of the State of Illinois^ Persons amho-
represented in the General Assembly, That Timothy R. Hale, £jj££,W a
John Mann, Nelson R. Norton, and James Kinzie of the
the county of Cook, be, and they are hereby authorized to
erect a toll bridge across the Little Calimic in said county,
at or near the place where the State road crosses the same
leading from Chicago to La Porte in the State of Indiana.

Sec 2. The said Timothy R. Hale, John Mann, Nelson ^^P1
R. Norton and James Kinzie, their heirs and assigns, shall '" repai1
at all times after the completion of said bridge, keep the
same in good repair, and allow at all times a speedy pas-

pair.

Provis

When the same
*hall be com-
menced and
completed.

sage to all persons and their property over it, upon the re-
ceipt of the toll, as hereinafter provided by this act; and if,

If left out of re- at any time, the said bridge shall be left out of repair, so
as the same shall be impassable for the space of six months
at any one time, the said bridge shall accrue to the county
of Cook: Provided, however, That the destruction of said
bridge by fire, high water, or other unaccountable casualty,
shall not operate as a forfeiture of the privileges hereby
granted; but the said proprietors, their heirs and assigns,
shall immediately proceed to rebuild said bridge or repair
the damages.

Sec. 3. Said Hale, Mann, Norton and Kinzie, shall com-
mence and complete the said bridge within eighteen months
from the passage of this act, in a good and substantial man-
ner for the safe crossing of persons, wagons, and drove's of
cattle over it; and when the said bridge is so completed,
the owners or proprietors of jhe same shall have the right
to place at either end of saia*Dridge a toll gate, and they
are hereby authorized to ask and demand from all persons
crossing the same, such rates of toll as is hereinafter pro-
vided.

Rates of toil. gEC> 4, The rates of toll for crossing over said bridge,
shall be as follows: For each score of hogs, sheep or goats,
twelve and a half cents; each mule, ass or horse, three
cents; each head of cattle, three cents; each man and
horse, six and a fourth cents; each one horse wagon or ve-
hicle of any kind, twelve and a half cents; each wagon or
other vehicle drawn by two horses or oxen, eighteen and
three fourth cents; each wagon or other vehicle drawn by
three horses or oxen, twenty-five cents; each wagon or
other vehicle drawn by four or more horses or oxen, thir-
ty-seven and a half cents: Provided, That persons travel-
ing on foot shall not be required to pay toll: Provided, fur-
ther, That all persons shall have a right to cross said bridge
in going to and returning from any muster or election, and
all grand and petit jurors in going to and returning from
court, shall be permitted to cross said bridge free from toll
for themselves and their horses.

Said bridge Sec. 5. Whenever the county commissioners' court of

™ay If bPmh ^e county °f Cook shall deem it expedient to purchase out
county of Cook. said bridge, and make it a free one, they shall have the right
so to do, upon paying the said Hale, Mann, Norton and
Kinzie, the original cost of said bridge, with ten per cent,
interest on the same; and for the purpose of enabling said
commissioners to know what the actual cost of said bridge
was, the said proprietors shall, as soon as the said bridge is
completed, make out and file with the clerk of the county
commissioners' court, an account of the actual expense of

building the same, and make oatli to it before said clerk or
some justice of the peace of the county.

Sec. 6. That the said Hale, Mann, Norton and Kinzie, How construct-
be, and they are hereby required to construct said bridge edi
so that rafts of logs, lumber and plank, or either, may safe-
ly pass under the same; and if they should fail to comply
with this requisition, all privileges and powers granted them
by this act, shall be forfeited.

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

Approved, Feb. 11, 1835.

Jn lone Jan.

AN ACT to permanently establish the Road leading from

Vandalia to Shelbyville, as far as the County Line of Fay- 7, [835.
ette County.

Sec. 1. Be it enacted by the people of the State of Illinois, Road declared
represented in the General Assembly, That the road as now a PuWic ''Jg'1-
traveled from Vandalia to Shelbyville by Chaffin's, Doyle's,
Boaz's bridge, Blankenship's and Mark Jones's, thence on
the dividing line between Binns J. Wren and William
Nichols, and between said Nichols and John Depew; thence
by Bowling Jones, crossing Beck's creek on the bridge
over the same, to the line dividing the counties of Fayette
and Shelby at the point where the road aforesaid crosses
the same, is hereby declared a public highway, and here-
after shall be so deemed and taken, and shall be worked up-
on and kept in repair as other public highways and State
roads are required to be in this State.

Sec 2. That the county commissioners' court for the Compensation
county of Fayette, be, and they are hereby required to °t__com,msS1011"
make an allowance to each commissioner of not less than
one dollar and fifty cents for each day necessarily employ-
ed; and to all other persons employed in surveying and lo-
cating the road aforesaid, not less than seventy-five cents
per day, satisfactory proof being first made to said court that
said services were performed under the authority of "An
act for establishing the road from Vandalia to Shelbyville,
as lies in Fayette county, and for other purposes," appro-
ved, February 1st, 1833.'

Approved, Jan. 7, 1835.

AN ACT to Incorporate the Chicago and Vincennes Rail
Road Company.

Company in- Sec. 1. Be it enacted by the people of the State of Illinois,
corporated. represented in the General Assembly, That John H. Kinzie,
Gurdon S. Hubbard, Peter Pruyne, George W. Dole, John
H. Murphey, Isaac R. Moores, Leander Munsell, Gideon
Minor, Milton K. Alexander, William B. Archer, James C.
Hilhbert, James S. Ota, WicklifF Kitchell, Samuel Harris,
Abner Green, David S. Bonner, Arthur Bronson and Samuel
Munday, and all such other persons as shall become stock-
holders, agreeably to the provisions of this act, in the cor-
poration hereby created, shall be and continue for the term
oi sixty years from the passage of this act, a body corporate
and politic, by the name of "The Chicago and Vincennes
Rail Road Company."

£sUof?hde in" ?Ff ' 2* The corPoration shall have the right to construct,
conation. and durmg its existence, to quintain and continue a rail-
road or railroads, with a singte or double track, and with
such appendages as may be deemed necessary for the con-
venient use of the same, to transport, take and carry per-
sons and their property on the same by the power or force
oi steam, of animals, or any other mechanical or other
power, or of any combination of them, for the term of six-
ty years from the passage of this act, commencing at any
eligible part of, or point in the said town of Chicago, and
county of Cook, and extending from thence on the most
eligible and practicable route, as a majority of the direc-
tors of the company shall determine, passing through Iro-
quois county, Danville in Vermilion county, Paris in Edgar
county, thence through Clark county to Palestine in Craw-
ford county, and thence to the water's edge on the west
bank of the Great Wabash river, in Lawrence county, op-
posite Vincennes.
When to oam- Sec. 3. If the said corporation hereby created, shall not,
mence said v^/itHin three years from the passage of this act, commence
the construction of said road, and expend at least the sum
of twenty-five thousand dollars thereon; and shall not,
within eight years from the passage of this act, construct,
finish and put in operation, the single or double railroad,
then the said corporation shall, thenceforth, forever cease,
and this act shall be null and void.
Capital stock. Sec. 4. The capital stock of the corporation hereby crea-
ted, shall be three millions of dollars, which shall be divi-
ded into shares of fifty dollars each, which shall be deemed
personal property, and be transferable in such manner as
the said corporation shall by, by-laws direct.
SE^S. John H. Kinzie, Gurdon S. Hubbard, Peter
subscription; rruyne, George W. Dole, John H. Murphey, Isaac R.

Moores, Leander Munsell, Gideon Minor, Milton K. Alex-
ander, William B. Archer, James C. Hillibert, James S. Ota,
Wickliff Kitchell, Samuel Harris, Abner Greer, David S.
Bonner, Arthur Bronson and Samuel Munday, shall be com-
missioners, whose duty it shall be, within one year from the
passage of this act, at the Cities of New York and Phila-
delphia, and the towns of Chicago, Danville and Vincennes
aforesaid, to open books to receive subscriptions to the capi-
tal stock of said corporation; and sixty days public notice
shall be given by the said commissioners of the time and
place of opening such books, in one of the public newspa-
pers printed in New York, Philadelphia, Yandalia, Chica-
go, Danville, Terre Haute and Vincennes; and the said
commissioners shall, at the time of any subscription by any
person or persons for the capital stock of said corporation,
require the payment to them, by the person or persons sub-
scribing, of five dollars towards and upon every fifty dol-
lars so subscribed; and unless the same shall be paid, the
subscription shall be invalid. And in case a greater amount
of capital stock shall be subscribed for than the sum of three
millions of dollars, the said commissioners shall distribute
the stock in such manner as a majority .of them shall deem
most advantageous to the interest of the corporation ; but
in case the capital stock shall not be subscribed for, then
the said commissioners shall be authorized to re-open said
books at such times and places, and in such manner and
after such notice, as they or a majority of them shall di-
rect; and whenever the said capital stock shall have been
subscribed and distribution made as aforesaid, or as soon
thereafter as practicable, it shall be the duty of the said
commissioners to give thirty days notice in a public news-
paper printed in New York, Philadelphia, Chicago, Dan-
ville and Vincennes, for a meeting of the stockholders oi
the corporation to meet at Danville to choose thirteen di- ^tedl" '" be
rectors; and such election shall then and there be made by ,
such of the stockholders as shall attend for that purpose, ha^t,n
either in person or by lawful proxy. Each share ol the
capital stock, owned thirty days previous to the day on
which any election for directors shall take place, shall en-
title the owner and holder to one vote, either personally or
by lawful proxy; and the said commissioners shall be in-
spectors of the first election of directors of the said cor-
poration, and shall certify, under their hands, the names of
those duly elected, and deliver over the subscription money
and book's to said directors; and the time of holding the
first meeting of the directors shall be fixed by the said com-
missioners; and the said directors shall cause such exami- Direclon (0
nations and surveys for the said railroad to be made, ascaUse surveys
may be necessary to the selection by them of the mosl ad- 1° hF "•;,rfp

Elections of
directors held
annually.

vantageous line, course or way, for the said road, on the
route set forth in the second section of this act; and the
said directors shall, after such examinations and surveys
shall be made, select, and by certificates under their hands
and seals, designate the line, course or way, which they or
a majority of them shall deem most advantageous for the
said railroad; one report, survey, courses and distances,
with a certificate annexed thereto, shall be filed in the of-
fice of Secretary of State, and one to be presented to the
Recorder of each county, through which said road shall pass,
and be recorded, filed and preserved; which line, course
or way, so selected, certified, filed and recorded, shall be
deemed the line, course or way on which the said corpora-
tion shall construct, erect, build or make the raildroad as
hereinafter mentioned.

Sec. 6. The first directors to be chosen, shall hold their
offices until the first Monday of June in the year next suc-
ceeding their election, and until others shall be chosen; and
every election of directors thereafter, shall be annually at
Danville on the first Monday in June in each and every
year, giving thirty days previous notice of the same in a
public newspaper printed at Chicago, Danville and Vin-
cennes, or two of said places, if a paper should not be print-
ed at each point. Every election shall be held under the in-
spection of five stockholders not being directors, who shall
be previously appointed by the board of directors. All
elections shall be by ballot, and a plurality of the votes
given shall constitute a choice; one, at least, of the direc-
tors shall reside in each of the counties, viz: Cook, Iro-
roquois, Vermilion, Edgar, Clark, Crawford and Lawrence;
but no county shall be entitled to a director, unless stock
be taken by the county or the citizens thereof, and owned
thirty days previous to the election, to the amount of at
least five thousand dollars; nor shall any stockholder be
eligible to the office of director, unless he shall own stock
to the amount of at least two hundred dollars. In case of
an equal number of votes for any two or more directors,
the remainder of the directors shall, by ballot, determine
who shall be entitled to a seat at the board.

Sec. 7. In case it should at any time happen that an elec-
ciection is not i\on 0f directors shall not be made on any day when, pur-
suant to this act, it ought to have been made, the said cor-
poration shall not, for that cause, be deemed to be dissol-
ved; but such election may be held at any other time di-
rected by the by-laws of said corporation, within sixty
days after the day in which it should have been held.

Sec. 8. The corporation is hereby empowered to pur-
chase, receive and hold such real estate as may be neces-
sary and convenient in accomplishing the objects for which

When such

made at the
proper time.

May hold real
estate.

this corporation is granted; and may, by their agents, sur-
veyors and engineers, enter upon and "take possession of,
and use, all such lands and real estate as may be indispen-
sable for the construction and maintenance of their single
and double railroad or way, and the accommodations re-
quired and appertaining thereto; and may also receive,
hold and take all such voluntary grants and donations of
land and real estate for the purpose of said road, as shall
be made to the said corporation by the General Govern-
ment, or by any corporation, company, individual or indi-
viduals, to aid in the construction, maintenance and ac-
commodation of the said single or double railroad or way,
completely vesting in said company and corporation abso-
lutely the fee simple to the same; but all lands or real es- All lands en-
tate thus entered upon for materials or otherwise, which tercd yPon for
are not donations or owned by the company, shall be pur- 1"^^-°''
chased by the said corporation of the owner or owners of sed.
the same, at a price to be agreed upon mutually by the com-
pany and the owner or owners; and in case of a disagree- In case of a dis-
ment as to price, and before taking any materials or making agreement as to
any portion of said road on said land, it shall be lawful for pJocMd°W "
the commissioner, superintendent, or other authorized per-
son, to apply to some justice of the peace of the county
where the same may occur, who shall cause three free-
holders to be summoned, and after being sworn faithfully
and impartially to examine the materials or ground to be
pointed out to them by the commissioner, superintendent or
other authorized person or persons, and notice having been
given to the owner of the property, said freeholders shall
assess the damages which they shall believe such owner or
owners will sustain over and above the additional value
which such lands will derive from the construction of such
road, and make two written reports, signed by at least a
majority of them, one of which they shall deliver to the
commissioner, superintendent, or other person requesting
the view, and the other to the justice of the peace, and
the amount of damages and costs being paid to the owner
or deposited with the justice of the peace, the road may
be located, constructed, and materials taken; but if either
party shall be dissatisfied with the valuation, an appeal
where lands are in question, may be taken to the circuit
court of the county, by petition, stating all the facts, and
particularly setting forth the land and premises, the neces-
sity of such land for making such railroad, and the attempt
and failure to purchase the "same, with the name and resi-
dence of the owner, and the reasons why the purchase
cannot be made. And the circuit court, to whom such ap-
peal and petition shall be presented, acting and sitting as a
court of chancery, shall direct such notice to the owner

and parties, as may be deemed fair and reasonable, of the
time and place of hearing the parties, and upon proof of
due service of such notice, and upon hearing the parties,
said court shall appoint three competent and disinterested
freeholders of the county in which the lands are situated,
to be commissioners to appraise said lands, and the dama-
ges the owner or owners thereof shall sustain by reason
of their appropriation to the uses of said company. The
said commissioners shall cause due notice in writing to be
served on said owner or owners, or in case of absence, to
be left at his or their usual place of residence, of the time
when they will act in the premises. They shall examine
the lands; may administer oaths and hear testimony, and
shall make their appraisement in writing without delay, un-
der their hands, with a minute and accurate description of
the land appraised, with a map thereof, awarding to the
owner or owners thereof what they shall deem to be due
and the full value thereof, as also the damages, if any, they
otherwise may sustain from the making and maintaining of
said road, and report the same with the testimony taken to
the court. The court shall examine said report, and if re-
quired by either, hear the parties in relation thereto, and
increase or diminish the damages and valuation, if the
«ourt shall be satisfied that injustice has been done. The
commissioners shall be allowed one dollar and fifty cents
each per day, and payment of costs to be awarded as the
court may judge equitable, and make a decree for payment
of damages and conveyance, describing the land, and reci-
ting the appraisement of damages and the mode of making
it; and all other facts necessary to a compliance with this
act, and when the order or decree shall be fully complied
with on the part and behalf of the company, the company
shall be possessed of all such lands or real estate, and may
enter upon and take possession of, and use the same for the
purpose of said road. Where the question shall arise as to
materials to construct the road, or damage done by passing
through lands in collecting the same, there shall be no ap-
peal to the circuit court; but in case the parties, or either
of them, shall be dissatisfied, and it shall appear to the jus-
tice to be right, he may set aside the first valuation, and ap-
point other viewers or commissioners to appraise and value
the materials, whose award shall be final, and the costs be
divided as may appear right and just between the parties,
or all against one party.

Sec. 9. In case any married woman, infant, idiot or in-
sane person, or non-resident of the State, who shall not ap-
pear after such notice, shall be interested in any such lands
or real estate, the circuit court shall appoint some compe-
tent and disinterested person to appear before the said com-

missioners, and act for and in behalf of such married wo-
man, infant, idiot, insane person, or non-resident.

Sec. 10. The said corporation is hereby authorized and To regulate the
empowered to regulate the time and manner in which goods til,,e an<1 ",[U1~
passengers and property shall be transported, taken and car- J!^ 'tnu,,i'0'"
ried on the same, and shall have power to erect and main-
tain toll houses and other buildings necessary for the ac-
commodation of their concerns, and from time to time to
fix, regulate, demand, and receive the tolls and charges by
them to be received for transportation of persons or pro-
perty on the single or double railroad or ways aforesaid.

Sec 11. If any person or persons shall wilfully do, or Persons injur-
cause to be done, any act or acts whatever, whereby any in6 sai(l road-
buildings, construction or work of the said corporation, or
any engine, machine or structure, or any matter or thing
appertaining to the same, shall be stopped, obstructed, im-
paired, weakened, injured or destroyed, the person or per-
sons so offending, shall be deemed guilty of misdemeanor,
and shall forfeit and pay to the said corporation, treble the
amount of damages sustained by means of such offence or
injury, to be recovered in the name of the said corporation,
with costs of suit, by action of debt, and shall be subject
to indictment and punishment for high crimes and misde-
meanors as in other cases.

Sec. 1 2. All the officers and agents necessary to carry Officers,agents,
on and superintend the interest of the corporation, shall be &*>h(m ;ip-

x - B x 7 * pointful,

appointed or elected, and continue in office as the directors
shall determine and point out in the by-laws and general
regulations of the company; and it shall be lawful for the
directors to require payment of the sums to be subscribed ^ . .

1 r J % Ull'OOtOl'S to YC -

to the capital stock at such times, and in such proportions, qujlP payments
and on such conditions as they shall deem fit and right, un- of^tock.
der the penalty of the forfeiture of all previous payments
thereon, and shall give notice of the payments thus requi-
red, and of the place and time, when and where the same
are to be paid, at least thirty days previous to the payment
of the same, in a public newspaper printed in Chicago,
Danville and Vincennes.

Sec. 13. Whenever it shall be necessary for the con- May construct
struction of their single or double railroad or way, to in- said road across
tersect or cross any stream of water or water courses, or ""^al*|" f ,
any road or highway, being betwixt the place of beginning &c,
and termination of the said road, viz: From Chicago to the
west bank of the Wabash river opposite Vincennes, it shall
be lawful for the said corporation to construct their single
or double railroad or ways, across or upon the same; but
the corporation shall restore the stream or water course,
or road or highway thus intersected, to its former state, or
in a sufficient manner not to have impaired its usefulness,

and shall moreover erect and maintain sufficient fences up-
on the sides of the route of their single or double railroad
whenever it passes through enclosed lands.
May join with Sec. 14. It shall be lawful for any railroad company
other railroad which may hereafter be incorporated, to join and unite
companies. with the railroad company hereby created and incorpora-
ted, at any point at which the directors of the company
hereafter to be incorporated may think advisable, on such
terms as the directors of the companies respectively may
agree upon; and in case of a disagreement between the di-
rectors of the said companies, then upon such terms as the
circuit court of Vermilion county in this State, shall upon
full view of the premises and facts connected with the
case, determine to be equitable and just between said com-
panies.
Rights ami pri- Sec. 1 5. The said corporation shall have the right to bring
viieges of said suit in any court in the State having jurisdiction of the case,
corporation. an(j prosecute to judgment and recovery, and defend when
sued, both at law and in equity, and shall be entitled to all
the rights and privileges which such corporation by the
common or statute laws, governing the case, ought and
should of right have; and in like manner the company may
be sued in any court in the State, which according to the
rules of law and equity, can take cognizance of the case.
The whole of the stock of the company and corporation
shall be deemed personal property, and together with all
the tools, implements, machinery, apparatus of every de-
scription used and employed, or on hand belonging to the
company, shall be liable to be siezed, executed and sold,
after judgment, to make good any contract, agreement or
stipulation made by any agent, superintendent or authori-
zed person, and it shall be a sufficient service of process to
serve the same either on the President of the board of di-
rectors or the Secretary of the company, and in case of
absence, to leave a copy at the office thereof.

Approved, Jan. 17, 1835.

In force Feb. AN ACT to amend an act, entitled "An act to lay out a
6, 1835. State Road from Peoria to Chicago.

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

Commissioners represented in the General Assembly, That Lewis Bigelow

uSfStSl? °* Peoria county, William Hawes of Putnam county, and

road. George E. Walker of La Salle county, be, and they are

hereby appointed commissioners to view and lay out a State

road from Peoria m Peoria county, to Ottawa in La Salle
county.

Sec. 2. The said commissioners, or a majority of them, When and
shall meet at Ottawa on or before the first Monday in June where to m*ct-
next, and proceed to locate said road, as is provided for in
the act to which this is an amendment: Provided, nothing
in this act shall be so construed as to require said commis-
sioners to locate said road between Ottawa and Chicago,
or the county of Cook to pay any part of the expense&of
locating said road.

Sec. 3. The first section of the act to which this is an Parte of actre-
amendment, and such other parts of said act as are repug- Pealed-
nant to the provisions of this act, are hereby repealed.

Approved, Feb. 6, 1835.

AN ACT changing part of a State Road from the mouth o/In fovcc Jau
the Ohio in Alexander County, to Jonesborough in Union 31, 1835.
County.

Sec 1. Be it enacted by the people of the State of Illinois, County com-
represented in the General Assembly, That the county com- missionera shall
missioners' court of the counties of Union and Alexander, ^pomt view"
at their March term, or as soon thereafter as may be, may
appoint three discreet persons in each county, whose duty
it shall be to examine so much of the State road as runs
through their respective counties, and make such altera-
tion therein as they shall deem most expedient, and make
a report to their respective counties of their proceedings, To make re-
and the said courts shall proceed to have the same opened port,
and kept in repair agreeable to the report so made; and so
much of said road as is on different ground from the road Pan of road
so reported, shall hereafter be declared vacated; and the vaL-atcd-
road so reported shall be a public State road.

Sec. 2. The county commissioners of the above named
counties shall issue their warrant in favor of their respec-
tive re-viewers, for the sum of one dollar per day to each Compensation,
person so appointed, for each day by them necessarily em-
ployed in said work.

Approved, Jan. 31, 1835.

view and re-lo
cate said road.

Mains'""' ^^ ACT to change part of the State Road leading from
' " Greenville to Vandalia.

Commissioner Sec. !■ Be $ enacted by the people of the State of Illinois r,
appointed to represented in the General Assembly, That Thomas Keyes,
Wyatt Stubblefield and Peter Hubbard, be, and they are
hereby appointed commissioners to view and re-locate that
part of the State road leading from Greenville to Vandalia
that lies between the summit of the hill east of Greenville
and the present road at the east end of Howell and Hall's
"U hen and grove. Said commissioners shall meet at Wyatt Stubble-
field's on the first day of April, or as soon thereafter as con-
venient, and after having taken an oath before some justice
of the peace of Bond county, faithfully to discharge their
duties according to this act, shall proceed to view and re-
locate said road, commencing at the summit of the hill east
of Greenville as aforesaid, on the most practicable route, to
the north line of section eleven, on the Shelby ville road;
from thence on said sectional line to the east end of How-
ell and Hall's grove, and from thence on a striaght line, as
near as practicable, to intersect the present road east of
Shall repoit to the above mentioned grove. Said commissioners, after hav-
rountycommis- mg viewed and re-located said road, shall report the same
to the county commissioners' court of Bond county; said
court shall cause the said road to be opened and kept in re-
pair as other State roads are.

Skc. 2. That when the said commissioners shall report
ompensa ion. ^Q ^e county commissioners' court of Bond county that
they have viewed and re-located said road according to the
provisions of this act, said court shall allow them a reason-
able compensation for their services.

Approved, Jan. 29, 1835.

In force Jan. AN ACT to locate a Stale Road from Bloonnngton to Chi-
20, 1835. cago.

Commissioners Sec. 1. Be it enacted by the people of the Slate of Illinois,
appointed to lo- represented m the General Asse?nbly, That James Allen and
Henry Weed of M'Lean county, and John K. Boyer of
Cook county, be, and they are hereby appointed commis-
sioners to view, survey, mark and locate a road from Bloom-
ington in M'Lean county, to the town of Chicago on lake
Michigan, varying as little as practicable from a direct
line, having in view the most eligible route, its permanen-
cy, and due regard to the public convenience.

Sec. 2. That said commissioners, or a majority of them, When and
shall meet on the first day of May next, or within three where t0 meet-
months thereafter, at Bloomington, and being first duly
sworn before some justice of the peace faithfully to dis-
charge the duties required of them by this act, shall pro-
ceed to view, mark and locate said road; and as soon as
practicable thereafter, cause to be made a map of the sur-
vey of said road, certified by them, and forward a copy
thereof to the clerk of the county commissioners' court of
each of the counties through which said road shall pass,
which shall be by him filed in his office, and the said road
thus laid out, shall be, and is hereby declared a public State
road, and shall be opened and kept in repair in the same
manner as other public roads are.

Sec. 3. Said commissioners shall receive for their servi- Compensation.
ces two dollars per day for all the time necessarily employ-
ed in said work; together with a reasonable compensation
for one surveyor, two chain carriers and one marker, which
several sums shall be paid by the counties through which
said road shall pass, in proportion to the extent of said
road in each.

Approved, Jan. 20, 1835.

AN ACT to locale a State Road from Ruskville to Mon- jn force peb

mouth. 12, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Commissioners
represented in the General Assembly, That Fields Jarvis of appointed to ln-
Warren county, William Edmondson of M'Donough coun- cate said roaiL
ty, and Alfred Spencer of Schuyler county, be, and they
are hereby appointed commissioners to view, mark and lo-
cate a State road, to commence at Rushville in Schuyler
county, thence to M'Comb in M'Donough county, thence
to Monmouth in Warren county.

Sec. 2. That said commissioners, or a majority of them, When and
shall meet at Rushville on the first day of June next, or wherc t0 mect-
within three months thereafter; and after being sworn by
some justice of the peace faithfully to discharge the duties
required of them by this act, shall proceed to view, mark
and locate said road from point to point, as directed in the
first section of this act, upon the nearest and best route,
avoiding, as much as practicable, any injury to farms, im-
provements and private property on said route, and make
out and return to the county commissioners' court of the 8ha]1 inake re_
several counties through which it passes, a certified report p0.t to coumy

commissioners' 0f said road, describing as nearly as practicable, the route
and distance of said road, which shall be filed with the sev-
eral clerks of the county commissioners' courts through
which said road passes, within one month after said road
is located; and said road, when so located, shall be deemed
a public State road and kept in repair as other State roads
are.

Compensation. Sec. 3. The county commissioners' courts of the several
counties through which said road passes, shall allow to said
commissioners, appointed under this act, a sum not exceed-
ing one dollar and fifty cents per day for their services for
the time necessarily employed by them in the discharge of
the duties assigned them by this act, to be paid out of the
County Treasuries of the counties in which said road may
be located, in proportion to the extent of said road in each.

r. . Sec. 4. That if the county commissioners' court of any

County com- . J . . y

missioned may two of the counties through which said road passes, shall

order said road think proper, they may authorize said road commissioners

to be surveyed. tQ cause g^ roa(j to ^e surveyed, and plats thereof filed

in the offices of the clerks of the county commissioners'

courts of the several counties through which said road

passes, in the same manner as other State roads are sur-

Expense there- veyed. The expense of surveying to be paid out of the

of how paid. County Treasuries of the several counties in which said

road may be located, in proportion to the extent of said

road in each.

Approved, Feb. 12, 1835.

In force Feb. AN ACT to establish a State Road from Crow's in the
10, 1835. County of Morgan, by the way of Athens in Sangamon

County, to Musictis bridge on Salt creek.

Commissioners Sec. 1 . Be it enacted by the people of the State of Illinois,
appointed to ^-represented in the General Assembly, That Abner Hall, Pe-
cate said road. ter Cartwright and William Stotts of the county of Sanga-
mon, be, and they are hereby appointed commissioners to
view, mark, survey and locate a road, commencing at or
near the house of William Crow, on Indian creek, in the
county of Morgan, on the road leading from Jacksonville
to Sangamon town, and with said road as far as said com-
missioners may think advisable, so as to pass near the head
of Richland Timber, thence on the most practicable route,
doing as little damage as possible to private property, to
Athens, and from thence to William Stotts', in the Irish
Grove, and thence to Musick's bridge on Salt creek, and

from thence to the road leading from Springfield to Fort
Clark.

Sec. 2. Said commissioners, or a majority of them, shall When and
meet at the house of Peter Cartwright in said county, on ul" " '" ""'"•
the first Monday in April next, or in~one month thereafter,
and after being first duly sworn before some justice of the'
peace faithfully to perform such duties as are required by
this act, shall proceed to the place of beginning and com-
mence said location, and as soon as practicable, shall make
a true survey and map of said road, signed by them, and
file the same in the office of the county commissioners'
court of Sangamon county.

Sec. 3. Said road, when laid out as aforesaid, shall be
deemed a public highway. The county commissioners of
said county, shall cause the same to be opened four poles
wide, and be worked and kept in repair as other State roads
are. The county commissioners of said county may allow
a reasonable compensation for said services, to be paid out Compensation,
of the County Treasury.

Approved, Feb. 10, 1835.

AN ACT to locate a State Road from Rushvilk in Schwy- 1„ force Feb.
ler County, to the Town of Commerce in Hancock County. 9, 1835.

Sec. I. Be it enacted by the people of the State of Illinois, Commissioners
represented in the General, Assembly, That Alexander H0l_aPP°iDtfdtolo-
lingsworth of Schuyler county, and James Miller of Han-
cock county, be, and they are hereby appointed commis-
sioners to view, mark and locate a road from Rushville in
Schuyler county, the nearest and best route, running into
Hancock county at or near the south east corner of town-
ship four north, five west, thence to Carthage the seat of
justice of Hancock county, thence to the town of Com-
merce on the Mississippi river, having in view its perma-
nency and a due regard to the public convenience and pri-
vate interest.

Sec. 2. The said commissioners shall meet on the first when ami
Monday in June next, or within two months thereafter, at where to meet.
Rushville in Schuyler county, and after being duly sworn
before some justice of the peace faithfully to discharge the
duties required of them by this act, shall proceed to view,
mark and locate said road, and as soon as practicable there-
after, cause to be made out a report of the location of said Shall make re-
road, designating the most noted points thereon, and return Port-
a copy of the same to the clerk of the county commission-

100

ers' court of each of said counties, which shall be by him

filed in his office, and said road thus laid out, shall be, and

Declarer] a is hereby declared a public State road, and shall be opened

state road. and kept in repair in the same manner as other public roads

are.

Sec. 3. The said commissioners are authorized to employ
one person as a marker to assist in locating said road, and
the county commissioners of said counties, shall allow said
Compensation, commissioners and marker, a sum not exceeding one dollar
and fifty cents each for every day necessarily employed in
locating and marking said road, to be paid equally out of
the County Treasury of each of said counties when said
commissioners shall have filed a copy of the report as re-
cited in this act, duly certified and attested by them.

Approved, Feb. 9, 1835.

In force Feb. AN ACT declaring the Road from Mount Vernon to New
6, 1835. Nashville a State Road.

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented, in the General Assembly, That the road as now
laid out from Mount Vernon in Jefferson county, to New
Nashville in Washington county, be, and the same is here-
by declared a State road.

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

Approved, Feb. 6, 1 835.

In force Feb. AN ACT to change part of the State Road from Spring-
G, 1835. field to Alton.

Commissioners Sec. 1. Be it enacted by the people of the State of Illinois,
*pp°inte?,tore" represented in the General Assembly, That Dewey Whitney,
road. ' David Black and John Campbell, be, and they are hereby

appointed commissioners to view, re-locate and re-survey
so much of the State road leading from Springfield to Al-
ton as lies between the towns of Springfield and Carlin-
ville, and so much of said road between the points afore-
said, as in the opinion of said commissioners the public
good requires; and so much of said road as shall be chan-
ged by said commissioners, is hereby vacated: Provided,

101

That the said commissioners, in the re-survey and re-loca-
tion aforesaid, shall be confined to so much oV said road as
lies between Springfield and the north end of George and
William Dyer's lane, in Macoupin county, and shall pro-
ceed no further than the said lane in the direction of Car-
linville, unless the county commissioners' court of Macou-
pin county shall first consent to the same, in which case
the said commissioners may continue their re-survey and
re-location to the public square in Carlinville.

Sec. 2. Said commissioners, or a majority of them, shall When ana
meet in the town of Springfield on the first Monday of May where to mm>
next, or within one month thereafter, and after being first
duly sworn before some justice of the peace faithfully to
perform such duties as are required by this act, shall com-
mence said location at the town of Springfield, and as soon
thereafter as practicable, make out a true survey and map
of so much of said road as shall be changed by them, and
file the same in the office of the clerk of the county com-
missioners' court of Sangamon and Macoupin counties:
Provided, That it shall not be necessary to file a map with
the clerk of Macoupin county, unless some part of said
road should be changed which lies in Macoupin county.

Sec. 3. So much of said road as shall be re-located" and
re-surveyed as aforesaid, shall be deemed a public highway,
and shall be worked and kept in repair as other State roads
are. The county commissioners' court of Sangamon coun-
ty, shall allow said commissioners a reasonable compensa- Compensation.
tion for their services, to be paid out of the County Trea-
sury.

Approved, Feb. 6, 1835.

AN ACT to lay out a Road from Blair 's Ferry to Frank- 1" force Feb.
fort, and for other purposes. »

Sec. 1. Be it enacted by the people of the State of Illinois, commissioners
represented in the General Assembly, That John Baldwin, appointed to lo-
Thomas Consert and Daniel Watkins, be, and they are cate said 10a,i-
hereby appointed commissioners to view, lay out and mark
a road from Blair's ferry on the Ohio river in Pope county,
to intersect M'Farland's road at or near Bradford's, and
from thence to Vandalia. The road as it now runs, by
Blackman's in Gallatin county, thence by M'Rery's old
place, thence by Estes's, thence by Mount Vernon, and
thence to Vandalia, be, and the same is hereby declared a
State road, together with such part of said road as may be

102

laid out by said commissioners; all of which shall be open-
ed and kept in repair as other State roads are by law re-
quired to be.

form "heir dT , Sec' 2* That said commissioner* shall view, mark and

tks. locate said road, on or before the first day of August, 1835,

and shall be allowed, out of the County Treasury of Pope

county, one dollar per day while employed as such com-

missioners.

Approved, Feb. 12, 1835.

10 1835 ACT aPPointing Commissioners to re-vieiv so much of

the State Road leading from the county seat of Peoria
county, to the State line of Indiana, as lies in the county of
Tazewell, and for other purposes.

apTo^STrt Sec' *• Be U enacted hV the people of the State of Illinois,
view said road, represented in the General Assembly, That Francis Voris of
Peoria, Christopher O. Neville and Simon Porter of Taze-
well county, be, and the same are hereby appointed com-
missioners to re-view and re-locate so much of the said
road as lies between the east line of Tazewell county and
the town of Peoria; and the said commissioners shall meet

where" to Let ^ the t0Wn °f Mackinaw on the first day of May, or with-
,eet- in fifteen days thereafter, and after taking the necessary
oath, shall proceed to locate, survey, and stake out said
road, and shall return an accurate map or plat of the same
at the next commissioners' court after the same has been
done, and the said county commissioners' court may allow

Compensation, the said commissioners a reasonable compensation for their
services, and shall cause their supervisors to open and keep
in repair the said road as other roads in their respective
districts.

Commissioners Sec. 2. That William Mettz of Calhoun county, Daniel

TaTcSnott Shinn of Pike county' and Erastus Stone of Schuyler couri-
er road. tyj De> and they are hereby appointed commissioners to
to view and locate a State road from Gilead in Calhoun
county via Pittsfield in Pike county, thence to Rushville in
Schuyler county, under the provisions of an act to locate
a State road through Calhoun and Pike counties to Rush-
ville in Schuyler county, approved, February 27th, 1833.
When and Said commissioners shall meet at Gilead on the first Mon-
wheie to meet, day in May next, or within one month thereafter, and pro-
ceed to locate said road as provided in said act, and shall
Compensation, receive their compensation as therein provided.

Approved, Feb. 10, 1835.

103

AN ACT relative to a State Road therein named. In farce F«k

13, 1835.

Sec. 1. 5e i£ enacted by the people of the State of Illinois, Commissioners
represented in the General Assembly, That Reuben Harrison, appointed to
John Clary and Tandy James, be, and they are hereby ap- loc*ite raid
pointed commissioners to view, mark and permanently lo-
cate so much of the State road leading from Springfield in
Sangamon county, to Lewiston in Fulton county, as lies
between Springfield and George G. Miller's ferry on the
Sangamon river.

Sec. 2. The said commissioners, or a majority of them, when and
shall meet at the town of Springfield on the second Mon- where to meet,
day in March next, or as soon thereafter as practicable,
and after being duly sworn by some officer authorized to
administer oaths, shall proceed to perform the duties requi-
red of them by this act, avoiding as much as possible the
injury of private property.

Sec. 3. The said commissioners shall as soon thereafter Slia11 |nakc »'<•-
as convenient, cause to be filed with the clerk of the coun- pon"
ty commissioners' court of the county of Sangamon, a re-
port and complete map of said road, which report and map
shall be preserved, and shall form a part of the record of
said court. Said road, when so established, shall be kept
in repair as other State roads are.

Sec. 4. The county commissioners' court of Sangamon Compensation,
county, shall allow to said commissioners, out of the Coun-
ty Treasury, such compensation as to them shall seem just
and reasonable.

Approved, Feb. 12, 1835.

AJS ACT to locate a State Road therein named, and for In force Feb.
other purposes. ' J'

Sec. 1. Be it enacted by the people of the State of Hlpiois, ^JfJj*JJ
represented in the General Assetnbly, That so much of the 10a
State road leading from Jacksonville in Morgan county, to
Quincy in Adams county, (established by an act entitled
"An act to locate a State road from Jacksonville in Mor-
gan county to Quincy in Adams county, and for other pur-
poses," approved, February 25th, 1833,) as lies between
Meridocia and John Wigle's in Adams county, be, and the
same is hereby vacated.

Sec. 2. Be it further enacted, That John Taylor, senr.,^~on^
Benjamin Kendrick and Harvey Luster of the county of ,j£teacertahl
Schuyler, be, and they are hereby appointed commissioners road.

104

to view, mark and locate a State road from a point on the
west bank of Illinois river, opposite Meridocia; thence to
the nearest and best route through Mount Sterling to the
western boundary line of Schuyler county in the direction
of Quincy, doing as little injury to private property as the
public convenience will permit.
Where and Sec. 3. Said commissioners, or a majority of them, shall

when to meet. meet at jyjount Sterling on the first Monday in May next,
or within one month thereafter, and after being duly sworn
by some justice of the peace faithfully to perform the du-
ties required of them by this act, shall proceed to locate
said road accordingly. Said road shall be marked in the
prairie by suitable stakes, well set in the earth, and in the
timbered land by hacks and blazes upon the trees. They
shall make a return of the location thereof to the county
commissioners' court of Schuyler county, particularly no-
ting all the principal places upon and near said road. Said
commissioners shall receive for their services, one dollar
and fifty cents each per day, for all the time necessarily
employed in said work, together with a reasonable com-
Compensation. pensation for one hand as a marker, which sum shall be
paid by the county of Schuyler. Said road shall, in all re-
spects, be deemed a public highway, and shall be opened
and kept in repair as other State roads are.

Approved, Feb. 7, 1835.

In force Jan. AN ACT to locate a State Road from Shelbyville to Chicago.

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

appointed tolo- represented in the General Assembly, That George H. Beeler
cate said road, of Shelby county, A. H. Kelly of Macon county, Philip
Stanford of Champaign county, Robert Hill of Iroquois
county, and Hiram Pearson of Cook county, be, and they
are hereby appointed commissioners to view, survey and
locate a State road, to commence at Shelbyville in Shelby
county, thence to Chicago in Cook county, or to intersect
the Chicago and Vincennes road at or near where it cross-
es the Iroquois river, if the commissioners see proper.
When and Sec. 2. Said commissioners, or a majority of them, shall

where to meet, meet in the town of Shelbyville on the first Monday in
June next, or as soon thereafter as practicable, and first
being duly sworn before some justice of the peace faithful-
ly to perform the duties required by this act, shall proceed
to view, mark and locate said road on the nearest and best
possible route from point to point, taking into considera-

105

tion the public convenience, utility and economy, so as to
make the same a permanent road.

Sec. 3. Said commissioners shall, on or before the first Shall make re-
Monday of July next, make out a report of their proceed- port-
ings to the county commissioners' courts of the several
counties through which said road shall pass, signed by each
of said commissioners, with the number of days they were
employed in locating said road, and said commissioners
shall receive one dollar and fifty cents per day for every Compensation,
day they may be necessarily employed in locating said
road, to be paid out of the County Treasuries of the sev-
eral counties through which said road may pass.

Sec. 4. When the said road shall have been located and Declared a
the reports filed as aforesaid, it shall be, and is hereby de- *>ate road,
clared a State road, and shall be opened thirty feet wide,
and kept in repair as other State roads are in this State:
Provided, however, if the said commissioners think proper
to intersect the Chicago and Vincennes State road as pro-
vided in the first section of this act, it shall not be necessa-
ry for said commissioners to locate that part of said road
which lies between Chicago and the point where the said
road shall intersect the aforesaid State road.

This act to be in full force and virtue from and after its
passage.

Approved, Feb. 7, 1834.

AN ACT to locate a State Road from Knoxville to New In force Feb.

Boston. 13> 1835-

Sec. 1. Be it enacted, by the people of the State of Illinois, Commissioners
represented in the General Assembly, That Erastus Deniston aPP°u»tedtolo-

i-TiT -n i • /-<•! J /• Tir , cate said road.

ot Mercer county, Ephraim Gilmer oi Warren county, and
John Gum of Knox county, be, and they are hereby ap-
pointed commissioners to view, mark and locate a State
road from Knoxville in Knox county, the nearest and best
route to New Boston, on the Mississippi river, in Mercer
county. The said commissioners, or a majority of them,
shall meet in Knoxville on the first Monday of June next. When and
or within three months thereafter; and after being duly "
sworn before some justice of the peace faithfully to dis-
charge the duties required of them by this act, shall pro-
ceed to locate said road as herein provided for, by placing
substantial stakes in the ground in the prairie, and mark-
ing the trees through the timber; and said commissioners gha]] makere.
shall, on or before the first day of September next, make a turn.

106

return of the location of said road, designating the impor-
tant points through which the same is located, to the coun-
ty commissioners' courts of the several counties through
which the same shall pass, which return shall be entered
upon the records, and filed in the clerks office, and said
road shall be a public and State road, and opened and kept
in repair as other public roads.
Compensation. Sec. 2. The said commissioners shall receive such com-
pensation for their services as the commissioners' court of
the counties through which said road shall pass, may deem
just and reasonable, to be paid out of the several County
Treasuries.

Sec. 3. The county commissioners' court of Mercer and
Knox counties, may, at any time they shall agree upon,
have said road surveyed, and plats thereof filed in the sev-
eral clerks' offices of the county commissioners' courts
through which said road may pass.

Sec. 4. That James Ferguson and Henry M. Gillett of
Commissioners tne county 0f Knox, and Roma Wells of Rock Island coun-
ldcate'eertain ty, be, and they are hereby appointed commissioners to
other road. view, mark and locate a road from Knoxville in Knox coun-
ty, to the county seat of Rock Island county, varying as
little as practicable from a direct line, having in view the
most eligible route, its permanency, and a due regard to
the public convenience.
When and SEC. 5. The said commissioners, or a majority of them,

where to meet, ^j meet at Knoxville on the first Monday in June next,
or within three months thereafter, and after being duly
sworn before some justice of the peace faithfully and im-
partially to discharge the duties required of them by this
act, shall proceed to view, mark and locate said road, and
Shall make re- as soon thereafter as practicable, make a report thereof and
P01t- forward a copy thereof to the clerk of the county commis-

sioners' court in each county through which the same may
pass, which shall be by him filed in his office, and the road
thus laid out, is declared a State road, and shall be opened
and kept in repair as other State roads are.
Compensation. Sec. 6. The said commissioners shall receive such com-
pensation for their services as the commissioners' court of
the counties through which the said road shall pass, may
deem just and reasonable, to be paid out of the several
County Treasuries.

Sec. 7. The county commissioners' court of Knox and
Rock Island counties, may, at any time they shall agree
upon, have said road surveyed, and plats thereof filed in
the several clerks' offices of the county commissioners'
courts through which said road may pass.

Approved, Feb. 13, 1835.

107

AN ACT to amend an act to establish a State Road from T" to"* Jan
Hillsboro' to Alton. 7' l6:i~>-

Sec. 1. Be it enacted by the people of the State of Illinois, Pju, ofactre
represented in the General Assembly, "That so much of the pealed,
act, approved, January 7, 1833, to establish a State road
from Hillsboro' in Montgomery county, to Alton in Madi-
son county, as authorized David Roach and Thomas G.
Hawlcy of Madison county, to view and locate said road
above named, be, and the same is hereby repealed.

Sec. 2. Be it further enacted, That Samuel Voiles and 0ther commis-
Nimrod Dorsey of Madison county, be, and they are here- siTers, appo5n"

i ■ , j * ■ y. . . J . ted lo local.'

by appointed commissioners to act in conjunction with Da- gaid mad.
vid Star of Montgomery county, and that the said commis-
sioners are to meet in Hillsboro' on or before the first Mon-
day in May next, and after having taken the oath required
by the act to which this is an amendment, they shall pro-
ceed to locate said road, in every respect, as is prescribed
in the above named act.

This act to take effect from and after its passage.

ArPROVED, Jan. 7, 1835,

-AN ACT declaring the Road leading from Paris in Edgar In force Jan.
County to the State Line, in a direction towards Terrc 7' l835.
Haute in Indiana, a Slate Road.

Sec. 1. Be it enacted by the people of the State of Illinois, Road declared
represented, in the General Assembly, That the road leading a state toad,
from Paris in Edgar county, by Smith Shaw's, Hall Sims's,
Thomas Forrester's and Martin Kay's, to the State line, in
a direction towards Terre Haute in Indiana, as now travel-
ed, be, and the same is hereby declared a State road, and
shall be kept in repair by the county commissioners as
other State roads.

This act to take effect from and after its passage.

Approved, Jan. 7, 1835.

AN ACT to change a Stale Road therein named. i„ force Feb,

6, 18.35.

Sec. 1. Be it enacted by the people of. the State of Illinois, c
represented in the General Assembly., That Thomas Griffith, aj

'ommissioiicrs

ppo)nt;d to iv-

108

locate said Benjamin Briggs, and Joshua Brown of the county of Taze-
well, be, and they are hereby appointed commissioners to
re-view and re-locate that or any part of the State road
leading from Pekin to Danville, which lies between said
town and of Pekin and the town of Mackinaw.
When and SEC. o. Said commissioners, or a majority of them, shall

mhere to meet. meet m ^ town of pekin on or before the first day of

May next, and after being duly sworn by some justice of
the peace faithfully to discharge the duties herein required
of them, shall proceed to execute the same, and on or be-
fore the first day of June next, shall make report of their
proceedings to the county commissioners' court of Taze-
well county, and said court shall cause said road to be open-
ed and kept in repair as other State roads are.

Compeivsation. gEC> 3. Said commissioners shall receive for their servi-
ces a reasonable compensation, to be paid out of the Coun-
ty Treasury, by order of the county commissioners court.

Part of road So much of said road as said commissioners shall deem it

vacated. expedient to change, is hereby vacated.

Approved, Feb. 6, 1835.

In force Feb. AN ACT declaring the road from Mount Vernon to Fair-
12' 1835- field a State Road.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the road as now
laid out from Mount Vernon in Jefferson county, by way
of E. Maulding's mill, to Fairfield in Wayne county, be,
and the same is hereby declared a State road.

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

Approved, Feb. 12, 1835.

In force Feb. AN ACT to lay out a Road from, Moses Thomas's in Cham-
p'.1835- paign County, to Bloomington in AVLean County.

Commissioners Sec. 1. Be it enacted by the people of the Stale of Illinois,

eatPe°saM load" reFresenteci in the General Assembly, That George Akers and

' Moses Thomas of Champaign county, and James M. Kel-

lep of M'Lean county, be, and they are hereby appointed

commissioners to view, mark and locate a road from Moses

109

Thomas's in Champaign county, by way of Urbana in said
county, to Bloomington in M'Lean county.

Sec. 2. Said commissioners, or a majority of them, shall When and
meet at the house of Moses Thomas on the first day of April where l0 ,nwt
next, or as soon thereafter as they conveniently can, and
after being first duly sworn before some justice of the peace
faithfully to discharge the duties required of them by this
act, shall forthwith proceed to view, mark and locate said
road on the nearest and best ground for a permanent road,
doing as little injury to private property as the public good
will permit.

Sec. 3. Said commissioners, or a majority of them, shall, Shall make
on or before the first Monday in June next, make a map or maP ol said
plat of that part of said road, which lies in the respective
counties, and transmit the same to each of the clerks of the
county commissioners' courts respectively, to be by him
filed in his office, and shall also make a full map or plat of
said road, and transmit the same to the office ot the Secre-
tary of State of this State, there to be filed and preserved.

Sec. 4. When said road shall be located and established, Declared a
it shall be deemed a public highway, shall be opened sixty iHlblic h|Sn"
feet wide, and shall be kept in repair as other public high- VVl
ways.

Sec. 5. The county commissioners' courts of the respec- Compensation
tive counties, shall cause to be paid to the said road com-
missioners, and such hands as the said commissioners may
find it necessary to employ in viewing, marking and loca-
ting said road, such compensation out of the County Trea-
sury as they may deem reasonable.

Approved, Feb. 6, 1835.

AN ACT to revive and continue in force "An act authori- 1„ f0VCe Feb
zing a re-view of a part of the Vincennes and Chicago 6, ib35.
Road."

Sec. 1. Be it enacted by the people of the State of Illinois, Act revived
represented in the General Assembly, That the act, entitled
"An act authorizing a re-view and re-location of a part of
the State road from Vincennes to Chicago," approved, Fe-
bruary 28th, 1833, be, and the same is hereby revived and
continued in force for two years from and after the passage
of this act.

Sec. 2. The commissioners in said aet named, to which
this is an amendment, may, at any time within three months
from the passage hereof, take the oath prescribed by said

110

act, and enter upon and perform the duties in said recited
act: Provided, the acts^f a majority thereof shall be a
sufficient compliance with said act to all intents and pur-
poses, as is by the said act contemplated, as fully to every
intent and purpose as if done originally within the time
named therein.

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

Approved, Feb. 6, 1835.

In force Jan. AN ACT to change part of the State Road leading from
27> 1835- Hillsboro* to Shelbyville.

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That so much of the
State road, leading from Hillsboro' to Shelbyville, as lies
between the Long Branch near Isaiah Grantham's and the
school house near Mark J. Rutledge, in the county of Mont-
gomery, be so changed as to run on the line dividing sec-
tion thirty-two, east and west, and from the east side of
said section to run a straight course to the ford of the Long
Branch near said Grantham's, and from the west side of
said section a straight course to the said school house; and
said road when so changed, to be worked and kept in re-
pair as other State roads are.

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

Approved, Jan. 27, 1835.

In force Feb. AN ACT to locate a Slate Road from Frankfort in Frank-
13, 1835. nn County, by way of Vienna in Johnson County, to the

Ohio River.

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

Commissioners , . , „ i a i i rni ^ t t> • i

appointed to represented in the General Assembly, inat James bain and

locate said Ivy Reynolds of Johnson county, and Cudworlh Harrison
of Franklin county, be, and they are hereby appointed com-
missioners to view, survey and locate a State road from
Frankfort in Franklin county, the nearest and best practi-
cable route to Vienna, and from Vienna the nearest and
most practicable route to Wilcox's ferry on the Ohio river.

road

Ill

Sec. 2. The said commissioners, or a majority of them, Where and
shall meet at Frankfort on the first day of May next, or when t0 meet
within three months thereafter, who, after being duly sworn
by some justice of the peace, faithfully to observe the pro-
visions of this act, shall proceed to view and locate said
road, taking into consideration the local situation of the
country and the public convenience, and shall fix said road
on the most advantageous ground for a permanent road;
and the said commissioners shall, on or before the first day Shall make a
of November next, make or cause to be made, a true sur- retum. t0 tlie

j r-j j L'i-1- • 11 i commissioners'

vey and map ot said road, which being signed by them or court of John-
a majority of them, a duplicate shall be delivered, one to son and Frank-
the county commissioners' court of Johnson county, and lm counties-
the other to the county commissioners' court of Franklin
county.

Sec. 3. The said road, when laid out as aforesaid, shall Declared a
be deemed and considered a State road, shall be opened, state road,
worked, and kept in repair as other State roads are ; and
the said commissioners so appointed, shall receive such
compensation out of the County Treasuries of the respec- Compensation
tive counties through which said road may pass, as the re- of coinmission-
spective commissioners' courts may deem just and reasona-
ble; the county of Jackson paying the two commissioners
appointed from that county, and the county of Franklin
paying the commissioner residing in said county.

Sec. 4. That the county commissioners of said county c
of Johnson shall, at the term of the court next succeeding missioners of
the location of said road, proceed to contract for the im- Johnson county
provement of such parts of said road, as they may think *? c°ntract for
proper, within the county of Johnson, until they shall have ment of said
expended the two hundred and twenty dollars which was road.
appropriated by the legislature by an act, entitled "An act
making an appropriation out of the State Treasury, to
Johnson county," approved, March 1st, 1833, and so much
of said act as is repugnant to this act, be, and the same is Partial repeal,
hereby repealed.

Approved, Feb. 13, 1835.

AN ACT to change a part of the State Road leading from In force April
Equality to Mount Vernon. ]' 1835-

Sec. 1. Be it enacted by the people of the State of Illinois, Road vacated.
represented in the General Assembly, That so much of the
State road leading from Equality to Mount Vernon, as lies
between the house of Cornelius Elliott and the line between

112

Abraham T. M'Cool and Offitt's, crossing said road, be, and
the same is hereby discontinued; and that from and after
the fust day of April next, the said Mount Vernon road
shall run on the Frankfort road to the line between said
M'Cool and Offitt's, thence north to the Mount Vernon
road.

This act to take effect and be in force from and after the
first day of April next.

Approved, Feb. 15, 1835.

In force Jan. AN ACT to lay ovt a State Road from, the Wabash to the
' ' Yellow Banks on the Mississippi.

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

appointed to represented, in the, General Assembly, That Panrick Owens of

locate saki Knox county, Samuel Allen of Peoria county, and Robert

Bird of Putnam county, be, and they are hereby appointed

commissioners to view, mark and locate a road from a point

on the eastern boundary line of this State, where a line

running due west from Logansport in the State of Indiana

would cross said State line, thence westward the nearest

and best route to Allenton, at the head of Lake Peoria on

the Illinois river, thence to the seat of justice of Knox

county, thence to the seat of justice of Warren county,

thence to the Lower Yellow Banks on the Mississippi river.

When and SKC. 2. The said commissioners, or a majority of them,

where to meet, ^i meet at KnoxviJle on or before the first day 0f Jmle

next, and after being duly sworn by some justice of the
peace, faithfully to view and locate said road, without par-
tiality, favor or affection, shall immediately thereafter pro-
ceed to discharge the duties required of them by this act,
placing in the prairie through which the same shall pass,
stakes of a reasonable size, and of durable timber.
Shall file a re- Sec. 3. As soon as practicable after said road is located,
port of said sajcj commissioners or a majority of them, shall make out

road with the -ii i , c • i i i

Secretary of a report, accompanied by a map or plat «t said road, de-
State, noting the courses and distances from point to point, with
such other remarks as they or a majority of them may
deem necessary and proper, and transmit the same to the
Secretary of State; and they or a majority of them, shall
Also, with make a map or plat of so much of said road as lies within
county courts. fae respective counties, and transmit it to the clerks of the
county commissioners' courts of the respective counties
through which the same may pass, which shall be filed and
preserved in the office of said court.

113

Sec. 4. When said road shall be located, it shall be to all Road declared
intents and purposes a State road, four poles wide, and shall a state roa(K
be opened and kept in repair as other State roads are in
this State.

Sec. 5. The county commissioners court of each county Compensation,
through which the said road may pass, are hereby authori-
zed, if they shall think proper, to allow said commissioners
one dollar and fifty cents per day, for the time necessarily
employed in locating the said road in each of their respec-
tive counties: Provided, That nothing herein contained, Proviso,
shall be so construed as to create any liability on the part
of this State, to pay said commissioners for their services
rendered under the authority of this act.

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

Approved, Jan. 26, 1835.

AN ACT to amend an act. entitled "An act to locate a State Road In force Jan.
from Quincy in Adams County to Macomb in JSVDonough Conn- *?> 1835.
ty," approved, February 12th, 1833.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the commission-
ers named in the act to wdiich this is an amendment, or a
majority of them, shall proceed to survey, mark and locate
said road from Quincy to Fairfield in Adams county, and
from thence to Macomb in M'Donough county, according
to the provisions of the act to which this is an amendment,
previous to the first day of August next.

Approvkp, Jan. 17. 1835.

AN ACT to change part of certain State Roads. in force Jan.

5 r J 24,1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Commissioner«
represented in the General Assembly, That Daniel Roberts, ^^
John O. Briant and Nathan Dellon, be, and are hereby ap-road.
pointed commissioners to re-view and re-locate that or any
part of the State road leading from Springfield to Peoria,
which lies between the north end of John T. Scott's lane
on section number thirty-five, in township number twenty-
five north, range number four west, and the north line cf
said township twenty-five.

114

When and SEC. 2. Said commissioners, or a majority of them, shall

where to meet. meet on or before the first day of May next, and after be-
ing duly sworn by some justice of the peace, faithfully to
discharge the duties herein required of them, shall proceed
to execute the same, and on or before the first day of June
next, shall make a report of their proceedings to the coun-
ty commissioners' court of Tazewell county, and said court
shall cause said road to be opened and kept in repair as
other State roads are.
Compensation. gEC. 3, gaid commissioners shall receive for their servi-
ces a reasonable compensation, to be paid out of the Coun-
ty Treasury by order of the county commissioners' court.
So much of said road as said commissioners shall deem it
expedient to change, is hereby vacated.
Commissioners Sec. 4. Be it further enacted, That George H. Hanna,
appointed to^ ]som Clay, Jr., and Solomon Litten, be, and are hereby ap-
othe/road?ain pointed commissioners to change the location of the State
road from Belgrade in Pope county, by Green's mill, inter-
sect the State road leading from Golconda to Vandalia, so
as to diverge from the present location, at a point three
quarters of a mile from the Ohio river, running through frac-
tional section number eight, in township sixteen south, of
range five east, of the third principal meridian, in the dis-
trict of lands offered for sale at Shawneetown, and to ter-
minate on the Ohio river, seventeen poles above the ter-
Proviso. mination of the present location: Provided, the said

change can be made upon as good ground for a road as is
upon the road at present located.
When and Sec. 5. Said commissioners, or a majority of them, shall

where to meet. meet 0n or before the first day of April next, and after be-
ing duly sworn before some justice of the peace, as prescri-
bed in the second section of this bill, shall proceed to per-
Their duty. f°rm tne duties required of them by this act, and on or be-
fore the first day of June thereafter, make a report of their
Shall make re- proceedings to the county commissioners' court of Pope
port to county county, and thereafter said court shall cause said road as
" changed to be opened and kept in repair as other State
roads.
Compensation. Sec. 6. Said commissioners shall receive for their servi-
ces a reasonable compensation, not to exceed one dollar
per day, to be paid out of the County Treasury of said
Pan of road county of Pope. So much of the old road as may be chan-
vacated. ge(j ^ ga-j commjssioners, is hereby vacated, and the new-

location established in lieu thereof.

Approved, Jan. 24, 1835.

115

AN ACT establishing a Stale Road. I« force Jan.

27, 183;").

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the county road
now leading east from Danville, in the county of Vermilion
in this State, to the State line dividing Illinois from Indi-
ana, at the point where the road from Covington to Dan-
ville strikes said line, be, and the same is hereby declared
a State road, and shall be kept in repair as other State
roads,

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

Approved, Jan. 27, 1835.

AN -ACT to locate and establish a State Road therein named. In force Jan.

24, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Commissioners
represented in the General Assembly, That Anthony W. Ca- ^"^^J"
lad and Joseph Penn, sen., of the county of St. Clair, Jo-
seph Duncan of the county of Madison, and Benjamin
Johnson of the county of Bond, be. and they are hereby
appointed commissioners to view, mark and locate a road
from the town of Lebanon in St. Clair county, to the house
of Benjamin Johnson on the Edwardsville and Vandalia
road in Bond county.

Sec. 2. The said commissioners, or any two of them, When to meet.
shall meet at the town of Lebanon on the first day of May
next, or within thirty days thereafter, and before entering
on the duties assigned them by this act, to take an oath be-
fore some justice of the peace of the county in which they
may meet, and then proceed to view, mark and locate said
road on the nearest and most eligible ground.

Sec 3. The said commissioners shall cause a true report Theil. d|lty_
of said road, signed by them, to be lodged with each of the
county commissioners'' courts in the counties through which
it may pass, which road, when laid out as aforesaid, shall be
deemed and considered a public State road, and the coun-
ty commissioners' courts of the counties through which
said road may pass, shall appoint supervisors and cause
said road to be opened, worked, and kept in repair as other
public roads are; and the said county commissioners1 courts
may allow said commissioners a reasonable compensation Compensation,
for their services, to be paid out of the County Treasuries
in the county which they may reside.

Sec 4. That the act, approved February 22d, 1833, ap-
pointing commissioners to view, mark and locate a State

116

%Sl5£L T\r°m ^.anon in St. Clair county, to Lower Alton on
force. me Mississippi river, be, and the same is herebv declared

Proviso. to.be m full force and effect: Provided, That the' said com-

missioners shall locate and establish said road on or before
the first Monday in June next.

Approved, Jan. 24, 1 835.

l3, 1835. Feb" AN ACT t0 change a Part °f the State Road leading from
Va.7ida.lia to Golconda, and for other purposes.

Commissioners Sec. 1. Be it enacted bxj the people of the State of Illinois
5523d ^presented in the General Assembly, That John S. Davis and
road. Abraham Romine, sen., be appointed commissioners to re-

view, re-locate and re-survey so much of the State road
leading from Vandalia to Golconda, established in 1823, as
lies between the bridge on the East Fork of the Kaskas-
kia, now being constructed in the county of Marion, and
John Myers's in the said county of Marion, so as to pass
by Salem, the seat of justice thereof.
When and Sec* 2° .The commissioners aforesaid, shall meet at Har-

where to meet, dy Foster's on the first day of June next, or within sixty
days thereafter, and before entering on the duties assigned
them by this act, shall take an oath before some justice of
the peace, faithfully and impartially to locate said road,
keeping in view the shortness of the route and the eligibili-
ty of ground, so as to make the same a permanent road.
Shall make re- Sec. 3. The said commissioners, so soon as they shall
port thereof, have completed said work, shall make a report thereof, un-
der their hands, and return the same to the county com-
missioners' court of the said county of Marion.

Sec. 4. When said report shall be filed in the office of
Compensation, the clerk of the county commissioners' court of the said
county of Marion, the whole bill of expenses of commis-
sioners, and all other necessary persons employed, shall be
made out and presented to said county commissioners'
court, who shall make an allowance therefor, for the sums
severally due, allowing the commissioners one dollar and
fifty cents each, and all other persons necessarily employ-
ed, seventy-five cents per day each.
County com- Sec. 5. The said county commissioners' court of Marion,

MaSrshan sha11 cause the said road to be opened four poles wide so
cause said road soon as Practicable, and kept in repair to the best advan-

to be opened, tage.

. Sec. 6. That the appropriation of one hundred dollars

ierta,n appro- for building a bridge across the East Fork of the Kaskas-

117

kia river, on the State road leading from Vandalia to Gol- priation remo-
conda, made by the law appropriating a portion of the vccL
avails arising from the sale of Saline lands in Gallatin coun-
ty, to internal improvement, be, and the same is hereby
removed and appropriated to the building and construction
of a bridge across the said stream at the point where the
new State road, contemplated in this act, may pass the
same, and that part of the said State road which must be
changed in order for the same to pass the aforesaid bridge,
be, and the same is hereby declared a State road, and shall
be worked upon and kept in repair as such.

Sec, 7. The county commissioners, respectively, of the('?umy com".
counties of Marion and Clay, are hereby vested with pow- MarioTand
er and authority to enter, or cause to be entered, for the Clay counties
use of the people of their respective counties, with the auth°r«*d t0
commissioner of the Gallatin county Saline lands, any ^"nds to the
quantity of land at the minimum price, and in legal subdivi- amount of their
sions, amounting to a sum not exceeding their respective resPecuye aP-
appropriations, made to them by the law aforesaid: JPro-pi _
vided, That the land, or the proceeds thereof, be specifical- Pl0yiso-
ly appropriated to the objects contemplated in the law
aforesaid, and none other.

Approved, Feb. 12, 1335.

AN ACT to amend "An act directing the location of a State J11 J™jj? Jan
Road from Carmi in White County, to the County Road '
leading from Palestine to Heath's mill in Lawrence Coun-
ty."

Sec. 1. Be it enacted by the people of the State of Illinois, Commissioner.
represented in the General Assembly. That Joseph Robin- appointed to

• .._ *J \ - lOCcLtC SCI ' r J

son of Edwards county, William Higgins and Samuel H. roa(j.
Clubb of Lawrence county, or any two of them, are here-
by appointed commissioners to view, locate and mark a
State road from Henry I. Mills's in Edwards county, to
Higgins's mills in Edwards county, on the Bon Pas creek;
thence to Benjamin Sumner's in Lawrence county; thence
the nearest and best route to Heath's mills on the Embar-
rass river in Lawrence county, and thence north to inter-
sect the county road in Crawford county, leading from Pa-
lestine to Heath's mills; and shall make report thereof to
the clerks of the county commissioners' courts of Edwards
and Lawrence counties, of that part thereof that may be
in such county; and the county commissioners' court of
Edwards county shall make said commissioners a just and Compensation.

118

equitable allowance for all time and necessary expense in
viewing and reporting the same, to be paid out of the Coun-
ty Treasury, for that part that may pass through such
county; and the county commissioners' court of Law-
rence county shall, in like manner, make said commission-
ers a just and equitable compensation for all time and ne-
cessary expense in viewing and reporting the same, to be
paid out of the County Treasury, for that part that may
pass through such county.

Sec. 2. The said commissioners, or any two of them,
shall meet on the first day of April next, or within a month
thereafter, at Henry I. Mills's, and being sworn before
some justice of the peace, faithfully to discharge the duties
required of them by this act, shall proceed to view, locate
and mark said road; and said road, thus laid out, shall be,
and is hereby declared a State road, and shall be opened
and kept in repair in the same manner as other public roads.
\cts repealed. Sec. 3. The third and fourth sections of the act to which
this is an amendment, are hereby repealed.

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

Approved, Jan. 7, 1835.

When and
where to meet.

j„ f„ „ v k -4-iV ACT to locate a State Road from Shelby ville to the

Jn iorce reb. J J _

6, 1835. Great Wabash River, in Lawrence County, opposite \ in-

clines, in Indiana.

^'o'ntedTio Sec* l' Beit enacted bV the people of the State of Illinois;

cate said roa.d~ .rePresented in the General Assembly, That Silas P. Rhodes
of Shelby county, Silas Hart of Coles county, Lewis W.
Jourdan of Jasper county, and John Adams of Lawrence
county, be, and they are hereby appointed commissioners
to mark and locate a State road from Shelbyville to the
Great Wabash river, in Lawrence county, opposite Yin-
cennes in Indiana.

Sec. 2. The said commissioners, or a majority of them,

whenVmcet. sha11 meet in tne town of Shelbyville on the first Monday
of May next, or as soon thereafter as practicable, and af-
ter being duly sworn before some justice of the peace, -
ceed to view, mark and locate said road on the nearest and
most eligible route, taking into view the present and future
population.

Shall make re- Sec 3. The said commissioners shall, during the month

port. 0f May next, or as soon thereafter as possible, cause a true

report of said road, with the number of days they were
employed in locating the same, signed by them, to be lodg-

119

ed with each of the county commissioners' courts in the
counties respectively through which it may pass; which
road, when laid out as aforesaid, shall be considered a pub-
lic State road; and the county commissioners of the sev- To 'Je a *uac
eral counties through which said road may pass, shall ap- °
point Supervisors, and cause the same to be opened and
kept in repair as other State roads are; and said commis-
sioners shall receive such compensation for their services. Compensation.
not exceeding one dollar and fifty cents per day, out of the
respective County Treasuries in which they reside, as may
be deemed reasonable.

Approved, Feb. 6, 1835.

AN ACT to authorize the County Commissioners of Edgar In force Feb,
County to Establish and Re-locate a certain Road therein ' ^"^
mentioned.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the county com-
missioners of Edgar county, are hereby authorized, if in
their judgment they may think it right and expedient, to
alter and re-locate so much of the Chicago road as lies be-
tween George Redmond's in said county, and the town of
Paris, so as to establish the same as now traveled, so as to
intersect the Terre Haute road at the mouth of Smith
Shaw's lane in the vicinity of Paris.

Approved, Feb. 12, 1835.

AN ACT for the altering of the Vincennes and Chicago I» force Feb.
State' Road. I0' 1835<

Sec. 1 . Be it enacted by the people of the State of Illinois, commissioners
represented in the General Assembly, That Peleg Spencer, appointed to re-
John H. Murphy and Edward M. 'Wilson, be, and they are [°^te sai,!
hereby appointed commissioners to view and re-locate that
part of the Vincennes and Chicago State road that lies be-
tween the one hundred and third, and one hundred and fifth
mile stones, as surveyed by D. W. Beckwith, county sur-
veyor, taking into consideration the injury to private pro-
perty, as now located; also, the injury by the proposed al-
teration, and make report thereof to the commissioners'

120

court of Vermilion county. They shall also report, whether
or not, said road should be so altered, and in case the\
should report unfavorable to such alteration, it shall not be
made.
When and Sec. 2. Said commissioners shall meet in Danville on or

where to meet, before the first Monday in April next, and after being duty
sworn before some justice of the peace, impartially to view
and re-locate the same, shall, within fifteen days after the
re-location of said road, cause a true survey and map of
the same to be lodged with the clerk of the county com-
missioners' court of Vermilion county.
Declared a SEC. 3. Said road, when re-located as aforesaid, shall be

way* lg " deemed a public highway, and opened and kept in repair as

other State roads are.
Compensation. Sec. 4. The county commissioners' court shall allow to
said commissioners, a reasonable compensation for their
services. *

Approved, Feb. 10, 1835.

In force Feb. AN ACT to locate a Road from Golconda in Pope County
13, 1835. t0 Pinckneyville in Perry County.

Commissioners Sec. 1. Be it enacted by the people of the State of Illinois,
appointed to io-rgpresenfe^ jn tjle General Assembly, That John Witt of the
. county Qf p0pe^ Cud worth Harrison and William Ryburn
of the county of Franklin, and Joseph Wells of the coun-
ty of Perry, be, and they are hereby appointed commis-
sioners to view, survey and locate a road from Golconda in
Pope county, to Pinckneyville in Perry county.
When and Sec. 2. The said commissioners, or a majority of them,

where to meet. s^\ meet at Golconda on the second Monday in May
next, or within three months thereafter, who, after being
duly sworn before some justice of the peace, faithfully to
discharge the duties enjoined on them by the provisions of
this act, shall proceed to view, survey and locate said road,
taking into consideration the local situation of the country
through which the same may pass, and establish the same
on the most eligible and advantageous ground, so as to
make it a permanent and good road; and the said commis-
sioners shall, on or before the first Monday of September,
make, or cause to be made, true surveys and maps of said
road, signed by them respectively, to be lodged by them in
the office of the clerk of county commissioners' courts of
the counties through which the said road may pass, or be
located.

121

Sec. 3. The said road, when laid out as aforesaid, shall Said road de-
be deemed and considered a public State road, and the cI^ed a St:itc
county commissioners' courts of the counties through * '
which said road may pass, shall appoint supervisors over
. said road, and cause the same to be opened four poles wide,
and to be worked and kept in good repair.

Sec. 4. The road leading from Pinckneyville by Lively's Certain other

ferry and Belleville to St. Louis, is hereby declared to be a lo0ad decl"ed a
c<, ' i J state road.

State road.

Sec. 5. The commissioners appointed under the ptoyi- Compensation

sions of this act, shall receive a just and fair compensation 0l °°n>mission-

for the time they are necessarily employed in the several evs"

counties herein mentioned, each county paying for the time

necessarily employed therein.

Approved, Feb. 13, 1835.

AN ACT to change a part of the State Road lending from l« force Feb.
Bloomington to Danville. 6' 1S3°-

Sec. 1. Be it enacted by the people of the State of Illinois, Commissioners
represented in the General Assembly, That William Oren- ^^'"'•j ~j!~
dorf, Cheney Thomas and Samuel Durley, be, and they are
hereby appointed commissioners to re-view and re-locate
that, or any part of the State road leading from Blooming-
ton to Danville which lies between the house of John Him-
ler and a point on said road, five miles south east of said
town of Bloomington.

Sec. 2. Said commissioners, or a majority of them, shall When t0 mcel-
meet on or before the first day of April next, and after be-
ing first duly swTorn by some justice of the peace, faithfully
to dicharge their duties herein required of them, shall pro-
ceed to execute the same, and on or before the first day of
June next, shall make a report of their proceedings to the
county commissioners' court of M'Lean county, and said
court shall cause said road to be opened and kept in repair
as other State roads are.

Sec. 3. Said commissioners shall receive for their servi- Compensation,
ces, a reasonable compensation, to be paid out of the Coun-
ty Treasury, by order of the county commissioners' court.
Sro much of said road as said county commissioners shall
deem it expedient to change, is hereby vacated.

This bill having remained with the Council of Revision ten Certificate.
days, Sundays excepted, and the General Assembly being in
session, it has become a law this 6th day of February, 1 835.
A. P. FIELD, Secretary of State.
16

declared a
State roai

122

In force Feb. Ajy ACT to establish a Slate Road therein named.

13, 1835.

Certain road gEc. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the route hereto-
fore laid out by B. W. Brooks, Daniel Kimmer and Peter
Casper, from the town of Jonesborough to Snider's ferry
on the Mississippi river, be, and the same is hereby decla-
red a State road, which shall be opened and kept in repair
as other State roads.

Sec. 2. That there shall be opened in the poll books in
the several precincts in the county of Union, at the next
August election for justices of the peace, two columns, in
which shall be entered, by the clerks of election in said
precincts, the votes of the qualified voters in said county,
for or against the establishment of the road named in the
first section of this act, the returns whereof shall be made
and canvassed as provided in cases of justices of the peace:
Provided, That if the road established by the first section
of this act, shall not receive a majority of all the qualified ,
votes given at said election, it shall not become a State
road, any thing in this act to the contrary notwithstand-
ing: Provided, also, That until it shall be determined by the
election herein provided, the several supervisors through
whose districts said road runs, shall not be required to open
the same or keep it in repair, and if a majority of the le-
gal voters of said county shall vote against said road, then
and from thenceforth, the said road shall be vacated.

Approved, Feb. 13, 1835.

In force Feb. AN ACT to view and lay out a State Road from Browns*
V2, 1835. vjne fry way 0r Pinehneyville, to New Nashville in Wash-

ington County.

Commissioners Sec. *■ ^e ^ enacted by the people of the State of Illinois,
appointed to lo- represented in the General Assembly, That Henry Dillinger
cate said road. 0r tjie county of Jackson, Abner Pyle of the county of
Perry, and James Gordon of the county of Washington,
be, and the same are hereby appointed commissioners to
view and locate a State road, beginning at Brownsville in
the county of Jackson, and thence the nearest and best,
route to Dillinger's mill, and thence to the bridge on De-
lumb's, and thence to the lower end of the four mile prai-
rie, to a corner dividing some two individuals1 land nearest
on said route, and thence due north to the old Kaskaskia
road, and thence lo Pinckneyville in the county of Perry,

123

and thence the nearest and best way to New Nashville in
Washington county, by way of James Gordon's in said
county.

Skc. 2. It shall be the duty of said commissioners, or a Where and
majority of them, to meet at Brownsville in the county of when to meet.
Jackson, on or before the fifteenth day of August next, and
after having taken an oath or affirmation before some jus-
tice of the peace, faithfully and impartially to execute the
duties required by this act, to proceed to mark and lay out
said road above mentioned, and shall make due return
thereof to the next county commissioners'' court of the
several counties.

Sec. 3. The county commissioners of the counties of Compensation.
Jackson, Perry and Washington, may allow, out of the
County Treasuries respectively, a reasonable compensa-
tion for their services, and the county commissioners shall
order the same to be opened and kept in repair as other
State roads are: Provided, That the commissioners here-
in shall locate said road so as to run the same as near par-
allel with the north and south sectional divisions as practi-
cable, and when the same shall run through any enclosure,
the owner thereof shall not be compelled to open or re-
move the same before the first day of November next.

This act to take effect from and after its passage.

Approved, Feb. 12, 1835.

AN ACT to lay out a State Road, from Greenville in Bond In force Feb.
Countij to Carlinville in Macoupin County. '-> 1835,

Sec. 1. Be it enacted bu the people of the State of Illinois, Commissioners
represented in the. General Assembly, That VVilliam Voling- g™1.;0
tine of Bond county, and Joseph E. Evans of Montgomery roaav
county, and Levi Gimline of Macoupin county, be, and
they are hereby appointed commissioners to view and lay
out a road on "the nearest and most eligible route from
Greenville in Bond county, to Carlinville in Macoupin
county, and cause a report of their proceedings to be lodg-
ed with the clerks of the county commissioners' courts of
Bond, Macoupin and Montgomery counties, and the road
when viewed and laid out as aforesaid, shall be deemed a
State road.

Sec. 2. As soon as said road shall be laid out as afore-
said, the county commissioners' courts of Bond, Macoupin
and Montgomery counties, shall, at their next session, ap-
point supervisors in their respective counties, whose duty

124

it shall be to open and keep in repair such part of said road
as shall pass through their respective counties.

Compensation. Sec. 3. The county commissioners of Bond and Macou-
pin counties, shall allow to the said commissioners the sum
of one dollar per day, for every clay actually employed in

Proviso. viewing, marking and laying out said road: Provided, That

the county of Bond be required to pay two-thirds of the
expenses, and the county of Macoupin the other one-third
of said expense of laying out said road: And provided fur-

viso P1°" ther. That said commissioners shall not be required to lay
out said road as herein required, unless the county commis-
sioners of Bond and Macoupin counties shall first agree to
pay them for their services.

Approved, Feb. 7, 1835.

In force Jan. AN .ACT to change part of the State Road leading from
275 1835- Macomb to Havana.

. . , Sec. 1. Be it enacted by the people of the State of Illinois,
appointed to represented in the General Assembly, That George Miller,
re-locate a part William Pennington and James C. Brattle, be, and are here-
of said road, ky appointed commissioners to view, mark, survey and lo-
cate a road, commencing at the town of Macomb in M'Do-
nough county, and taking a due course east, for the dis-
tance of two miles; thence following the ridge on the most
suitable route, so as to intersect the present established
road at the Table Grove, on the east side of M'Donough
county, doing as little damage to private property as the
public good will permit.
When and Sec. 2. The said commissioners, or a majority of them,

where to meet. s}iall meet at the town of Macomb on the first Monday of
April next, or within twenty days thereafter, and after be-
ing duly sworn by some justice of the peace, faithfully to
view and locate said road, without partiality, shall imme-
diately thereafter proceed to discharge the duties required
by this act.
Shall make Sec. 3. As soon as practicable after said road is located,

map of road, g^ commissioners, or a majority of them, shall make out
a report, accompanied by a map of said road, noting the
courses and distances from point to point, with other such
remarks as they may deem necessary and proper, and
transmit the same ,to the clerk of M'Donough county,
which shall be filed and preserved in his office.
Road declared ^EC« 4. When said road shall be so located, it shall be a

125

State road to all intents and purposes, and shall be opened a State road.
and kept in repair as other State roads.

Sec. 5. That so much of the State road as at present laid Tan of said
out from Macomb to Havana, as lies between said town of road vacateci-
Macomb and said Table Grove, be, and the same is hereby
vacated.

Sec. 6. The county commissioners of M'Donough coun- c .

ty, shall allow said commissioners a reasonable compensa- ompuisall°"
tion for their services, to be paid out of the County Trea-
sury.

Approved, Jan. 27, 1835.

AN JiCT to improve the road from Equality by Crenshaw 's In f ce j.
Works and Cypress Creek to Shaumeetoivn. 15, i8:j5.

Sec. 1. Be it enacted by the people of the State of Illinois, Certain moneys
represented in the General Assembly, That the unexpended 2^Jioaded
balance of the appropriation of five hundred dollars, to be
laid out under the direction of the county commissioners'
court of Gallatin county, on the road leading from Shaw-
neetown to Equality, made by the second section of the
act of the 2d March, 1833, entitled "An act to explain and
amend the act concerning the Saline Reserves, a Peniten-
tiary," &c, be, and the same is hereby directed to be laid
out under the authority aforesaid, towards the building of a
bridge and the necessary causeways across Cypress creek,
on the old road laid out and opened by the United States,
which leads from Shawneetown across Cypress and near
the North Fork to Equality : Provided, and this change of
the application of said unexpended balance is made upon
this condition, that the inhabitants interested in said road,
shall raise by voluntary subscription, a sum which, when
added to said unexpended balance, shall be sufficient in the
opinion of said court, to construct said bridge and cause-
ways.

Sec. 2. If the unexpended balance of said appropriation May be done
shall not be realized and ready to be paid over, when the by voluntary
necessary voluntary subscriptions shall be raised, it shall subscription,
be competent for the subscribers to proceed with and com-
plete said work with their own means; and on doing so to
the satisfaction of said court, they shall be entitled to re-
ceive, to their own use, said unexpended balance whenever
the same shall come under the control of said court, to be
paid to each in proportion to his subscription.

Approved, Jan. 15, 1835.

i'26

In force Feb. JJV ACT to authorize the County Commissioners of Monl-
6' gomery Count;/ to change a certain State Road therein

named.

Sec. 1. Be it enacted by the jieople of the State of Illinois*
Commissioners represented in the General Assembly, That the county com-

ctutnoL'jzccI to .

change said missioners' court of Montgomery county, be, and they are
road. hereby authorized to change so much of the State road as

lies between Hillsboro' and David Slayback's, as the case
will permit, as runs through the lands of William S. Towns-
end, Jacob Cress, Absalom Cress, Andrew M. Haley, Wil-
liam D. Shirley and Israel Sewart, as lies on the State Road
leading from Hillsboro' to Carlinville; and said road, when
so changed, shall be deemed a State road, and worked and
Proviso. kept in repair: Provided, however, if it shall be made ap-

pear to the satisfaction of the county commissioners' court
that said change ought not to be made, then, in that case,
said road, as now laid out, to be opened and worked as
other State roads.
Persons aggrie- Sec. 2. Be it further enacted, That if any person or per-
ved how to pro- sons shall feel themselves aggrieved, they shall apply to the
supervisor of said road, and said supervisor, when so noti-
fied, shall cause a jury to be summoned in the same man-
ner as is required in the act, entitled "An act concerning
the right of way," approved February 28th, 1833; and said
proceedings and decision, to be in conformity with the
above named act.

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

* Approved, Feb. 6, 1835.

reed

In force Feb. AN ACT to establish a State Road from Equality la
12, 1835. JW Lcansborough.

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

aPP°in^dtol°- represented in the General Assembly, That Mastin "Bond and
Adonijah Grimes of Hamilton county, Jeremiah Hawes and
Francis A. Richey of Gallatin county, be, and they are
hereby appointed commissioners to view, lay out arid mark
a. road from M'Leansborough in Hamilton county to Equali-
ty in Gallatin county, by the nearest and most eligible
route for the same, having in view the highest and most
suitable ground for the location thereof, and report the
same, together with a description thereof, under their
hands, t© the county commissioners' courts of the said
counties of Gallatin and Hamilton, on or before the first

J27

term after the said view, and the number of days employ-
ed by them respectively in the said work, and the said road
when so viewed, marked and reported, shall be deemed a
State road and kept in repair as other State roads are.

Sec. 2. The said commissioners shall, on or before the When and
first Monday of April next, or within three months there- where to meet.
after, meet at the town of M'Leansborough, and thence
proceed to lay out said road as is directed in the preceding
section, and the county commissioners' courts of the comi-
ties of Hamilton and Gallatin respectively, shall allow to
the commissioners a sum equal to two dollars per day for Compensation,
every day they shall be engaged in viewing and marking-
said road. The two commissioners herein appointed in
Hamilton county, to be paid by the county court of Hamil-
ton county; and the commissioners herein appointed in
Gallatin, to be paid by the county court of Gallatin county.

Approved, Feb. 12, 1335."

AN ACT to change a part of the State Road from Vin- ln foice Jan-
cennes to Chicago, as lies in Crawford County. ' ly2:>'

Sec. 1. Be it enacted by the people of the State of Illinois, Commissioner
represented in the General Assembly, That Asahel Heath, aPP°'»tedt°ie-
Nathan Mars and Asa Norton, be, and they are hereby ap-roadT l"
pointed commissioners to re-view and re-locate that or any
part of the State road leading from Vincennes to Chicago,
which lies between Palestine and Hutsonville in Crawford
county.

Sec. 2. Said commissioners, or a majority of them, shall when and
meet on or before the first day of March next, and after be- where to men.
ing duly sworn by some justice of the peace, faithfully to
discharge the duties herein required of them, shall proceed
to execute the same, and they are hereby required to make
a report of their proceedings to the county commissioners' Shall make re-
court next ensuing in the said county of Crawford, after POTt t?rou
such duties shall have been performed, and said court shall
cause said road to be opened and kept in repair as other
State roads are.

Sec. 3. Said commissioners shall receive for their servi- Compensation
ces a reasonable compensation, to be paid out of the Coun-
ty Treasury by order of the county commissioners' court.
So much of the road as said commissioners shall deem it Part of said
expedient to change, is hereby vacated. road vacated.

This act to take effect from and after its passage.

Approved, Feb. 29, 1835.

loners

court.

128

5" f°'c^Feb- AN ACT to lay otU a State Road therein named.

10, J 835. J

Commissioners ^Ec* *■ Be & enacted by the people of the State of Illinois,
appointed to represented in the General Assembly, That John Phelps, Wm.
locate said w. Linn and James L. Kirkpatrick, are hereby appointed
commissioners to view, survey and locate a road from Chi-
cago in Cook county, to Galena in Jo Daviess county.
Shall make Sec. 2. The commissioners, or a majority of them, shall,

survey and map on the first Monday in June, 1835, or as soon thereafter as
1 ereo * may be, assemble at the town of Chicago, and after being

duly sworn before some justice of the peace, faithfully to
observe the provisions of this act, proceed to view and lo-
cate said road, making Meacham's Grove in Cook county,
and the residence of the said John Phelps on Rock River
in Jo Daviess county, points on the said road; and shall fix
the said road on the most advantageous ground, having re-
ference to said points for a permanent road; and the said
commissioners shall, on or before the first day of November
next, make, or cause to be made, true surveys and maps of
said road, signed by them, to be lodged with each of the
county commissioners' courts in the counties respectively
through which said road passes, which road when laid out
as aforesaid, shall be deemed and considered a public State
road; and the county commissioners' courts of the coun-
ties through which said road is located, shall cause the
same to be opened four poles wide, and to be worked and
kept in repair as other public roads are: Provided, hoic-

Shall receive ever That the commissioners appointed in the first section
no compensa- _ l . , ,, . ~ri , ~ „

t;on. ot this act, shall not receive trom the State Ireasury nor

the Treasuries of the counties through which the said road

passes, any compensation for their services for the location

of said road.

John Phelps Sec. 3. The said John Phelps is hereby authorized to

authorized to establish a ferry on Rock river, at the point on said river

ipfepkR. * T on where the said road crosses the same; and the said ferry

when so established, shall be governed by the same laws,

rules and regulations as other ferries in this State are, and

it shall be the duty of the county commissioners' court of

Jo Daviess county, annually, at the June term of said court,

to fix the rates of ferriage across said river.

Commissioners Sec. 4* Leonard Roth and Joseph Brigham of Putnam

appointed to county, and Michael Bartlett of Rock Island county, be,

locate certain anj they are hereby appointed commissioners to view and

locate a State road trom the Papaw Grove on the road

leading from Chicago to Dixon's ferry, running from said

grove by the groves on the head-waters of Bureau River

to the settlements at Dimick's Grove on said stream, and

from thence to Princeton, so as to best accommodate the

inhabitants between those points, and from Princeton on

other road.

129

the shortest and best route to the county seat of Rock

Island county. The said commissioners, or a majority of

them, shall meet at Princeton on or before the first day of When aui

June next, and after being duly sworn by some justice of where to Let

the peace, proceed to locate said road, and make return as Shall make ra

is provided m the second section of this act. The county turn.

commissioners' court of Putnam and Rock Island counties

may allow said commissioners such compensation as they Com!,o,,sati0»-

deem just and proper.

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

Approved, Feb. 10, 1835.

AN ACT concerning Public Roach. rn force Feb

3., 1835.

Sec. 1. Be it enacted by the people of the State of. Illinois, All roads de-
represented in the General Assembly, That all roads within clared Publ»c
this State, which have been laid out in pursuance of any highua^-
law of this State, or of the late Territory of Illinois, and
which have not been vacated in pursuance of law, are here-
by declared to be public highways.

Sec. 2. The county commissioners' courts of the several c°™ty com-
counties of this State, shall have, and are hereby vested m/ssi.°!ievsvest;

^,-+U i ■ j. j i it , .,. ed with general

with general superintendence over the public roads withm superintin-
their respective counties. dence thereof.

Sec. 3. The county commissioners' court of each coun- Shall divide
ty, shall, at their March term, or as soon thereafter as may ?heir couaties
be, in each and every year, lay out and divide their respec- StsT^ ^'
tive counties into such road districts as they shall deem
convenient and proper, defining accurately the boundaries
of said districts, and they shall appoint one supervisor in And appoint
each district, who shall serve one year, and continue in of- s"Pervisors-
fice until a successor is appointed.

Sec 4. It shall be the duty of the clerk of the county cierk to notify
commissioners' court in each county, to make out and de- supervisors of
liver to the sheriff, written notices to all the supervisors as the5r aPP0int-
aforesaid, within ten days after such appointment has been
made, informing them of their said appointment, and de-
scribing the bounds of their respective districts, and the
joads therein; and the said sheriff shall immediately deliver
the said notices to the persons to whom they shall be di-
rected respectively, and if any supervisor shall refuse to
accept his said appointment, the sheriff shall return the
said notice to the clerk who issued the same as aforesaid,
noting such refusal on the back thereof. But if the said

130

supervisor shall agree to accept, the same, then the sheriff
shall notify the said clerk of such acceptance, and the said
sheriff shall, in all cases, make return of acceptance or re-
fusal, within twenty days after the delivery to him of the
notice aforesaid. For any failure on the part, of the clerk
to make out and deliver to the sheriff any of the notices
required by this section, he shall be fined in the sum of ten
dollars, and the sheriff shall incur the same penalty for any
failure to deliver any one of said notices in the manner and
within the period herein prescribed.
Person refusing Sec. 5. When any person shall refuse to accept the ap-
to accept the pointment of supervisor, he shall be fined five dollars, to be
appointment. appr0priated to road purposes: Provided, That the com-
missioners' court, may excuse any supervisor from the pay-
ment of said fine, upon being satisfied that such person
ought not to have been appointed. Whenever the office
of supervisor shall become vacant, the county commission-
ers' court at their next term, shall appoint another super-
visor to supply said vacancy: Provided, That any two of
the county commissioners of said county, shall have power
to appoint a supervisor to fill said vacancy until the next
term of said court, should such vacancy occur.
Duty of super- Sec. 6. It shall be the duty of each supervisor to cause
visors. all the public roads within his district to be kept well clear-

ed, smooth, and in good repair, causing all stumps to be cut
low, so as to afford at all times, a free and safe passage to
wagons and other carriages along such roads; to cause
bridges and causeways to be made whenever the same
shall be necessary, and to keep the same in repair, and to
cause to be erected and kept in repair at the forks or cross-
ing place of every public road, a post with plain inscrip-
tions thereon, in large letters and figures, giving the direc-
tion and distances to the most noted places to which said
road may lead.
„ , . Sec. 7. Whenever any public road shall be obstructed

Koadsobstruct- , r „ . , .1 i i

ed, how clear- by fallen timber, or in any other manner, and when any
ed. bridge or causeway shall be destroyed or become im-

passable or dangerous to travelers, it shall be the duty of
the supervisor to cause such obstruction to be removed,
and to have such bridges or causeways re-built or repair-
ed, and for that purpose he shall call out the persons bound
to labor on the road in his district, or as many of them as
may be necessary; but if the persons bound to perform
such labor in his district, shall have previously performed
the number of days required by this act, or if the labor due
from such persons shall not be sufficient, he then shall pro-
ceed to hire as many laborers or teams as may be necessa-
ry to remove such obstructions, or repair such damages:
Provided, the costs shall not exceed ten dollars; and if the

131

i cost of such work shall be estimated by said supervisor, to
J exceed ten dollars, then he shall report such obstruction or
damage to any two or more of the county commissioners,
whose duty it shall be, immediately, to cause such obstruc-
tion to be removed, or such bridge or causeway to be re-
built or repaired, as the case may be, either by ordering
the supervisor to hire laborers and teams for that purpose,
or by making a contract with some fit person or persons,
as they may deem best; and all moneys required to carry
any of the provisions of this section into effect, shall be
paid out of the County Treasury.

Sec. 8. If any person shall obstruct any public road by Penalty lor on-
falling a tree or trees across the same, by encroaching up- structing roads,
on or fencing up the same, or by placing any other ob-
struction therein, he shall forfeit for every such offence, a
sum not exceeding ten dollars, and a sum not exceeding-
three dollars for every day he shall suffer such obstruction
to remain after he shall have been ordered to remove the
I same, by any supervisor, county commissioner, justice of
the peace, or householder; and if any person shall purpose-
ly destroy or injure any bridge or causeway, or remove
any of the timber or plank thereof, or destroy or deface
any guide post on a public road, or dig any drain or ditch
across a public road, such person so offending, shall be in-
dicted, and on conviction, shall be fined in any sum not less
than five dollars, nor more than one hundred dollars: Pro-
vided, however, That this section shall not be construed to
extend to any person who shall lawfully cut down any tim-
ber for rails, fire wood or other purposes, and who shall im-
mediately remove the same out of the road, nor to any per-
son through whose land a road shall run, who shall dig a
ditch or drain across such road, or drain and keep the same
in good repair.

Sec. 9. The county commissioners' courts are hereby County coin-
authorized to cause new public roads to be located and missioned au-

-. ..... .x . i , i, thonzed to lo-

made within their respective counties, and to alter oi va- cate roadg in
cate public roads within their counties, except State roads, their respective
No road when ordered to be opened, shall be less than thir- counties,
ty, nor more than fifty feet wide; but bridges need not ex-
ceed fifteen feet in width.

Sec. 10. No new road shall be opened by order of the Applications
county commissioners' court, unless the same shall be ap- for a new road,
Iplied for by at least thirty-five voters, except in counties how maHc-
which shall not have more than three hundred voters, when
only fifteen shall be required. Such applicants shall depo-
site in the hands of the clerk of the county commissioners'
court, a sufficient sum of money to pay the viewers. If
jtheir report be in favor of establishing the road, the money
so deposited, shall be returned to the persons who deposit-

132

County com-
missioners to
appoint view-
ers.

Their duties.

ed the same; but if the report he unfavorable, the expen-
ses of the view shall be paid out of the money so deposit-
ed; and every person applying for such new road, shall con-
tribute one day's labor in addition to the number of days re-
quired by this act, towards making such road. The clerk
of the county commissioners' court ..shall furnish each su-
pervisor, through whose road district such new road shall
pass, with a list of the persons who petitioned for the same,
and any such petitioners who shall not reside within some
district through which such new road shall pass, shall be
required to perform the day's labor herein required of him,
under the direction of the supervisor of the nearest road
district, and for failing to do so, after being duly notified,
he shall be fined in the sum of one dollar.

Sec. 11. When a new road shall be applied for as afore-
said, the county commissioners' court shall appoint three
suitable persons to view the ground proposed for the same,
and if, after such view, the viewers shall believe the road
applied for to be necessary, they shall proceed to locate
the same upon the nearest and best route, having due re-
gard to private property, designating its course through
prairies and improved land, by fixing stakes in the ground,
or by ploughing two furrows at the distance apart of the
full width of the road, and through the timbered land by
marking the trees, and make report thereof to the next
county commissioners' court; but after the view, if they
deem such road unnecessary or improper to be made, they
shall report their opinion to that effect, to the next term of
said court.

Application for Sec! 1.2* Whenever it shall be represented to the county
vacating roads, commissioners' court, by a petition of thirty-five voters,
how made. that a public road established by said court, or any part
thereof, is useless or burthensome, the said court upon a
sufficient sum of money being deposited with the clerk to
pay the expense of a re-view, (such money to be returned
if the road shall be declared useless.) shall appoint three
persons to view the same, who shall report to the said
court at the next term after such appointment, whether
such road in their opinion be useless and burthensome, to-
gether with the reasons for such opinion, and the county
commissioners may then order such road to be vacated, if,
in their discretion, they shall deem such order proper: Pro-
vided, That no petition, praying for the establishment or
vacation of a public road, shall be received bv the said
court, unless the said petitioners, or some of them, shall
have given twenty days public notice of such application.,
by a written notice posted on the doors of the court house
and county clerk's office of the proper county.
When mn Sf.c. 1 3. Whenever a new road shall be located, thej

133

county commissioners shall immediately cause the super- roads Me v*»-
visors of each district through which such road shall pass, ted'..duty c!' su"
to be notified of such location, and it shall be the duty of of*
the said supervisors to make such roads within their respec-
tive districts, and keep the same in repair, so far as the la-
bor of the persons bound to work on said road shall enable
him; and if such labor be insufficient, the county commis-
sioners shall cause the same to be cut out and opened at
the expense of the county, whenever, in their opinion, the
funds of the county will justify such expense; and after
being so opened, the same shall be kept in repair by the
supervisors as in other cases.

Sec. 14. The county commissioners' court shall have County com-
power, at any time, to remove from office any supervisor missioned may
who shall fail or refuse to perform his duty. The countv r?mov^ suvei:

, . i ,■, , , ^ , . J visors from ot-

cominissioners' court shall have power, whenever the situa- flce-
tion of the County Treasury will permit and the condition
of the roads shall require it, to purchase a suitable number
of road scrapers, to be used in raising and draining public
roads within the county.

Sec. 15. Any person or persons desirous of having a cart Persona wish-
road laid out, for his or their convenience, from the dwell- i"g t0 have a
ing or plantation of such person or persons, to any public ^Yoceed •
road, or from one public road to another, or from one lot
of land to another, shall present a petition to the county
commissioners' court of the proper county, setting forth
the reasons for desiring such road, and describing the points
from and to which said road is desired to pass; and the
court shall, upon a sufficient sum of money being deposit-
ed to pay for viewing such road, appoint three freeholders
to view the same: Provided, That twenty days notice
shall be given of the intention to present such petition, to
each person residing in the county through whose land
such road is desired to pass, and also by posting up a no-
tice thereof on the doors of the court house and clerk's
office of the county for the same period, and the viewers,
when appointed, shall examine the route proposed for such
road, and shall examine any other route which they may
deem proper, and if they shall be of opinion that a cart
road is necessary and proper from and to the points named
in the petition, they shall lay out the same in such manner
as to produce the least inconvenience to the parties through
whose land the same shall pass, and shall make a written
report to the court, describing the route of the road, and
the numbers of the lots of land through which the same
shall pass, and naming the owners thereof, if known, which
report shall be recorded at length on the record book of
the court, and shall be made at the succeeding term of the
court after the viewers are appointed; and if, upon the re-

134

turn of the viewers, the court shall be of opinion that the
road is necessary, an order shall be made establishing the
same, not exceeding thirty feet wide; and the person or
persons applying for the road, may proceed to open the
same: Provided, That no such road shall be allowed to
pass through any orchard, garden or yard: And provided,
a/so, That if any owner of land shall object to the open-
ing such road, the same shall not be opened until the per-
son objecting shall be paid all damage to be sustained by
the opening thereof, to be ascertained in the manner pro-
vided for assessing damage in case of a public road, by the
act entitled "An act concerning the right of way, and for
other purposes," approved, February 28th, 1833. But if
no objection be made to the opening of such road, the per-
son or persons applying therefor, their heirs and assigns,
shall have a right of way upon the same forever thereaf-
ter: Provided, further, That any owner or owners of
land through which such road shall pass, may at any time
change the same on different ground, but the distance shall
not be increased more than one-twentieth part thereof, nor
the road placed on worse ground.
.-. . , Sec. 16. The county commissioners1 court of each coun-

days each per- ty in this State, at their March term annually, shall fix and
son is required enter upon the records of their court a certain number of
10 'j °" days that each able bodied man, between the age of twen-
ty-one and fifty years, shall do upon some public road
within the county during that year: Provided, That in
no case shall said court be authorized to fix any number
less than one, or to exceed five days, as a labor tax. The
clerk of said court shall append the number of days fixed
as aforesaid, to the notice of each supervisor appointed in
Supervisor may saj(j county. The supervisor, or any person under him, for

enter upon un- .1 i- 1 -i i- • • ^ i • i

improved land the purpose ot building or repairing any bridge or cause-
to obtain mate- way, by order of the county commissioners' court, is here-
rialsfbrthe ^y authorized to enter upon the nearest unimproved land,
any road or and to cut and haul away timber, or to quarry and haul
bridge. rock or gravel, which may be necessary for that purpose:

Proviso. Provided, he shall not take away timber already cut, or

any rock or gravel already quarried for another purpose,
without leave from the owner or his or her agent: Provi-
ded, also, That unless the owner, or his or her agent, shall
first consent to the cutting of timber and to the quarrying
of stone, the supervisor shall call upon two djscreet house-
holders to value the materials about to be used. If the
owner of the materials or his agent shall see proper, he
may choose two other discreet householders to act with
such as may be chosen by the supervisor, and if they can-
not agree, the four shall choose a fifth as umpire; and the
five, or a majority of them, shall make out their award, un-

135

der their hands and seals, and transmit it to the clerk, of
the county commissioners' court, who shall file and pre-
serve the same, which award shall be final and conclusive
of amount of damages sustained by such persons, and the
amount so awarded shall be paid to the owner of the ma-
terials, or his or her agent, out of the County Treasury.
The county commissioners' courts are hereby authorized Compensation
to allow each road viewer. one dollar for each day's service toroad view_
necessarily performed viewing public roads.

Sec. 17. The county commissioners' court in each coun- County com-
ty of this State, may (when in their opinion the public good ^vTax" l°
requires it,) at their March term of said court, or as soon
thereafter as practicable, in every year, levy a county tax
on every tract of land situated in their respective counties,
not to exceed one half of the annual State tax, as is or may
be provided in the revenue law annually, (except such lands
as are exempt from taxation by the compact with the Gen-
eral Government.) Said tax shall be assessed at the same
time, and in the same manner, as provided for in the reve-
nue law aforesaid, to be collected and paid into the County
Treasury, except when the same shall be discharged in la-
bor as hereinafter provided.

Sec. 18. The county commissioners' court shall, at their How expended.
March term annually, whenever they levy the tax as afore-
said, direct in what road district and for what object,
whether for erecting bridges or otherwise, the amount of
money which may be collected from said tax, shall be ex-
pended, giving each supervisor notice thereof, attached to
the notice of his appointment.

Sec. 19. It shall be the duty of the Auditor of the State Auditor to fur-
of Illinois, on or before the first Monday of April next, tonj.shcl"rjtsali*t
furnish the clerks of the several county commissioners' jn their coun-
courts in this State, with a list of all the lands subject to ties,
taxation in their respective counties, and every year there-
after, all other lands which may subsequently become taxa-
ble on or before the first Monday in February annually
thereafter.

Sec. 20. Whenever the county commissioners' court How assessed,
shall levy said tax, it shall be the duty of said clerk of said
court, to copy the order respecting the same, and deliver
it to the sheriff, whose duty it shall be, within five days
thereafter, to deliver the same to the County Assessor, and
it shall be the duty of the Assessor to open requisite col-
umns in his tax book, under the head of "Road Tax," and
to assess the same by extending the valuation and amount
of tax at the same time he assesses the State tax, by call-
ing upon every resident of his county to list his land or
other property, as the case may be, noting the county where

136

each tract of land is situated, number of acres, amount of
tax, and for what year.

San^cieiS" ■ SeC' 21* The Assessor shall file a list of the resident lands
s- in the clerk's office of the county commissioners' court im-
mediately after he has completed the same, and the Asses-
sor, in conjunction with the clerk, shall compare the same
with the transcript of lands furnished by the Auditor as
aforesaid, and shall then list all lands on said transcript,
situated in the county, which are not included as resident
lands, estimating the value thereof, together with the non-
resident lands, agreeably to the provisions which do or may
exist in the revenue laws annually; and when said list shall
be completed by the Assessor and clerk, it shall then be the
duty of said clerk to make out abstracts of all such tracts of
land as may be situated in other counties, entered as resi-
dent lands as before provided, and transmit, the same by
mail to the clerk of the county commissioners' court of the
county in which such lands are situated; and it shall be the
duty of the several clerks, on receiving said abstracts, to
compare the same with their non-resident lists, and note
opposite of each tract, the words "Paid in the county of
," (as the. case may be.) so that every resident may
discharge his said tax in labor, and in the county and road
district where he may reside.
Further duty of Sec 22. Whenever the tax book is completed as afore-
<lplkR- said, it shall be the duty of the clerk of said court, to make

out a transcript of each tract of land belonging to residents
of the county, with the amount of tax, for what year, and
within which road district in the county, and deliver the
same to the sheriff of the county, whose duty it shall be
to deliver the same to the several supervisors of the county
within fifteen days thereafter.
Tax may be Sec. 23. When the supervisors shall receive said list or
^charged m transcript as aforesaid, he shall notify each person within
his road district, (if he or they may be found in the limits
of the same,) of the amount of their taxes, and that on such
a day or days, said taxes may be discharged in labor, fixing
the time for working the road, so as to give not less than
three, nor more than five days notice, at seventy-five cents
for each faithful day's labor, computing a day's labor at
eight hours service. The supervisor is hereby authorized
to contract for materials for building bridges, causeways,
erecting guide boards, and repairing roads in discharge of
the taxes aforesaid.
Delinquent Sec 24. The clerk of the countv cominissioners' court,

lands to be .old. at the time he makes out the list of resident lands for each
supervisor of the county, shall also make out the account
of each non-resident's tax, stating the name of the paten-
tee and present owner, according to the best information

137

he is in possession of, which list shall accompany the resi-
dent list of the proper supervisor, and may be discharged
in labor, as directed by the county commissioners' court,
under the superintendence of said supervisor. The super-
visor having a list of non-resident lands, shall give at least
ten days notice, by putting up a written or printed notice
on the door of the court house of his county, naming the
non-resident delinquent persons, tracts of land and amount
of tax due from each person, and that the same may be dis-
charged in labor, at such a time and place, and on or before
the first day of December annually, the supervisor shall
return a list of all delinquent persons; whereupon, it shall
be the duty of the clerk of said court, at the time he makes
out the list of non-resident lands to be sold for taxes under
the revenue laws of the State, to include the amount of
the county tax which may remain unpaid; and also, such
lands as are taxed in the county and are not delinquent to
the State, and advertise and sell said lands at the time and
place, in the same manner as required by said revenue law;
and conveyances shall be made and subject to redemption
as provided in said revenue law. The proceeds of said tax
sale shall be paid into the County Treasury, to be appro-
priated under the direction of said court, for building bridges,
erecting guide boards, opening roads, and for keeping the
same in repair.

Sec. 25. All lands sold under the provisions of this act, Subject to re-
and conveyed as aforesaid, shall vest the purchaser to all caption.
intents and purposes with the fee simple of said land, sub-
ject to redemption as before provided.

Sec. 26. The clerk of the county commissioners' court Clark authori-
is hereby authorized to receive all taxes due the county as f0edtta°x^ceipt
aforesaid, to give receipts for the same, noting in said re-
ceipts that the amount so paid, is for a county tax, and for
what year. Each supervisor, after discharging his labor
tax, as required by this act, shall, on settlement of his ac-
counts annually, be allowed seventy-five cents for each
day's service superintending the work as aforesaid, to be
paid out of the moneys raised by the provisions of this act.
The sheriffs and clerks who render service under this act,
and for postage paid by the clerk, shall be allowed' such a
compensation as the county commissioners' court shall
deem just and equitable, to be paid out of any money rais-
ed as aforesaid.

Sec. 27. Every person who shall wish to discharge his Allowance per
county land tax in labor, shall be permitted to do the same da>' for labor-
as herein provided, at the rate of seventy-five cents per
day, and the supervisor is hereby authorized to dock any
person of his wages who does not perform eight hours faith-
ful labor each day.

138

Person* failing gEC, 28. Any person who shall be notified to perform
;°Poeri;folmioad road labor, as herein provided, and shall fail to perform the
same, shall forfeit and pay the sum of seventy-five cents
for each day neglected to be performed; and the supervi-
May be prose- sor is hereby authorized to prosecute such delinquent per-
cuted. son^ jn ^ie name 0f ^g county commissioners, before any

justice of the peace in the proper county; and said super-
visor shall be a competent witness against said delinquent,
and in case of default as aforesaid, the justice shall enter
up judgment against said delinquent for the amount so for-
feited, with costs of suit, and issue execution forthwith:
Proviso. Provided, That the defendant or supervisor, in all such

cases, shall be allowed an appeal, as in other cases of trial
before justices of the peace.
County com- Sec. 29. County commissioners in each county in this
missioners may State, whenever the labor herein provided is found insum-
K>nai aproporty" cient, may levy a tax on personal property, not exceeding
one-fourth per cent, per annum ; but shall not, during the
same year, levy a land tax, but at said March term, elect
in their discretion, whether they will levy a tax on land or
personal property.
Supervisors ne- Sec. 30. Any supervisor who neglects to keep the roads
fleeting to per- in his district in good repair, agreeably to the provisions of
this act, or fails to perform any other duty herein required,
shall be liable to indictment, and on conviction thereof,
shall be fined in a sum not less than five dollars, and not
exceeding fifty dollars, to be expended on some road with-
in the district of said supervisor.
Clerk to give Sec. 31. The county commissioners of each county shall
bonfU cause their clerk to enter into bond, with surety or sure-

ties, in such sum or sums as they may deem sufficient for
all moneys that may be received by him under the provi-
sions of this act, conditioned that he will promptly and
faithfully pay over to the County Treasurer all moneys re-
ceived by him under this act, and all penalties and liabili-
ties incurred under this act, shall be recoverable in the
name of the county commissioners, before any justice of
the peace of the proper county, or other court having ju-
risdiction thereof.
Roads running Sec. 32. When any road or roads, laid out as aforesaid,
through private shall run through the land of any individual or individuals,
property. anc[ tne owner of the same shall not give his consent to

the opening of said road through the land as aforesaid, it
shall be the duty of the supervisor to go before the nearest
justice of the peace, who shall issue his warrant, directed
to some constable, commanding him to summon three
householders, unless they can be otherwise had, who, after
being sworn by some justice of the peace, well and truly
to examine the injury that will be done the individual or

lorm their du-
ties

139

individuals aforesaid, and the damage that will accrue to
him or them by the opening of the road aforesaid; taking
into consideration the advantages to said individual by
opening the road aforesaid, who, after being thus sworn,
shall go upon the land aforesaid, make report in writing,
particularly stating the damage as well as the advantage
to the owner of said land, and sign the same, and return
said report, in writing, to the justice before whom they
were sworn as aforesaid, who shall transmit the same to
the clerk of the county commissioners' court, who shall
file the same in his office. The amount of damages so as-
sessed, it shall be the duty of the county commissioners1
court to order to be paid out of the County Treasury.

Sec. 33. The supervisors appointed by virtue of this act, Supervisors to
shall be required to give each person owing road labor, g've .notice 0l
three days notice of the time and place that they shall pi£c™f «!.
commence work, with such tools as shall be necessary for mencing work,
them to use. Any person shall be permitted to furnish a
substitute, equally able as himself, to perform said road la-
bor. All moneys collected from delinquents, not other-
wise provided for in this act, shall be expended by the su-
pervisor in making or repairing roads or bridges in his dis-
trict, as he may deem expedient.

Sec. 34. That all laws heretofore passed upon the sub- lrws Pa]ed
ject of county roads, be, and the same are hereby repeal-
ed; but rights acquired, or liabilities incurred thereby, are
not hereby affected: Provided, That nothing herein con-
tained, shall be construed so as to operate as a repeal of
the act, entitled "An act concerning the right of way, and
for other purposes,*' approved, February 28th, 1833.

Approved, Feb. 3, 1835.

AN ACT forming an additional Justice's District in the In fovea Dec.

County of Sangamon, including the Town of Athens. 24' 1834-

Sec. 1. Be it enacted by the people of the State of Illinois, District form-
re presented in ike General Assembly, That all that district of e "
country included within the corporation limits of the town
of Athens in the county of Sangamon, be, and the same is
hereby constituted into a district for the election of a jus-
tice of the peace and constable.

Sec. 2. The county commissioners' court of the county Election when
of Sangamon, are hereby authorized and required to cause to be held-
an .election to be held on or before the first day of April
next, or as soon thereafter as practicable, and at each quad-

140

rennial election thereafter for one justice of the peace and
one constable in said district. ■ The officers elected shall
hold their offices until the next general election for justices
of the peace, at which time their successors shall be
elected as in other cases, and the persons so elected, shall
have and exercise the same jurisdiction, hold their offices
by the same tenure, and be under the same regulations, in
all respects, as other justices of the peace and constable?
of this State.

Approved, Dec. 24, 1834.

In force Jan. AN ACT concerning the Toum of Galena.

7, 1835.

May become Sec. 1. Be it enacted by the people of the State of Illinois,

incorporated, represented in the General Assembly, 1 hat should the inhabi-
tants of the town of Galena in this State, wish to become
incorporated for the better regulation of their police, it
shall be lawful for the said inhabitants to appoint their
trustees and other officers without reference to property
qualifications.

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

Approved, Jan. 7, 1 835.

In force Jan. AN ACT authorizing the Administrators of James Mason,
24, 1835. deceased, to execute Deeds in certain cases.

Preamble. Whereas, James Mason, deceased, during his life time,

was extensively engaged in buying and selling lands, and
at the time of his decease, there were many outstanding
bonds for the conveyance of lands: And, whereas, much
delay, expense and trouble would ensue in the settlement
of said estate, by filing bills and obtaining decrees on each
separate obligation: Therefore —

Sec. 1. Be it enacted by the people of the State of Illinois,
deeds may be represented in the General Assembly, That for the purpose of
made. avoiding the aforesaid difficulties, Sarah Mason and Paris

Mason, administrators of the said James Mason, deceased,
be, and they are hereby authorized and empowered to make,
execute, and deliver deeds for such tracts of land as may
be called for, and described by any outstanding bond, sign-

141

ed by said James Mason, deceased, for lands sold by him
in his life time to the holder of said bond, upon the pay-
ment by him of such sum or sums of money as may be due
from such holder of the bond to the said Mason or his
estate, as purchase money for the same, which deeds, so
executed, shall be good and sufficient in law, to pass the
estate, right and title, which the said James Mason, at the
time of his death, had in and to the land described in said
bond.

Approved. Jan. 24. 1 835.

AN ACT to amend an act declaring what Laws of a Gen- In force Jan.
eral Nature shall be published with the Acts of a General 31» 18:i5-
Nature of this, session, approved, March 2, 1833.

Sec. 1. Be it enacted by the people of the State of Illinois, Sheriffs author-
represented in the General Assembly, That the several sheriffs 17:ed to Ff ' J*"

T . i • l • l vised code at

in this State are hereby authorized and required to sell such §i.
copies of the revised code of Illinois, as are now in their
hands for sale, under the act to which this is an amend-
ment, for the sum of one dollar per copy, any law to the
ronlrary notwithstanding.

Approved, Jan. 31, 1835.

AN ACT to amend "An act regulating Elections/' \n force Jan.

. 29, 183.1

Sec. 1. Be it enacted by the people of the State of Illinois, County com-
represented in the General Assembly, That the county com- misaoners'
rnissioners' courts of the several counties in this State, are severaicountiei
hereby authorized to divide their respective counties into may divide the
as many election precincts, for all general and special elec- counties into
tions, as they may think expedient for the convenience of*.^.^^.
the voters of said county, and to appoint as many sets of sure,
judges of elections, to receive votes at the county seats, as
they may think necessary.

Sec. 2. Be it further enacted, That it shall be the duty of May appoint
said court, if they shall think proper, to appoint some con- JJJJjJ efec^
stable to attend each precinct, and preserve order during tions.
said elections; and the said constable shall have authority Hisd
to call to his aid a sufficient number of citizens to suppress
any riot, or other disorderly conduct during said election.

142

Compensation anJ there shall be paid to said constable, out of the Coun-
ty Treasury, a sum 'not exceeding one dollar a day for said
, services. All laws coming within the purview of this act.

Acts repealed. , i 1 j

are hereby repealed.

This act to take effect from and after its passage.

Approved, Jan. 29, 1835.

In force Jan. AN ACT to authorize the Count;/ Commissioners'1 Courts oj
31, 1825. Randolph and Perry Counties to refund certain Taxes.

County com- Sec. 1. Be it enacted by the people of the State of Illinois,
missioners to represented in the General Assembly. That in all cases where,

retime! ttixcs ■*■ ■

paidbymistake by mistake or madvertance, any person or persons in the
oiinadvertancy county of Randolph and Perry, shall have listed their lands,
on lands not 5 lyninr in said counties respectively, for taxation, within the

vein's iHirc/ui™ •/ o *■ ^ *> / *

Sedi five years after the purchase from the United States, and

have paid the taxes thereon when the same were not taxa-
ble, shall be permitted to receive from the county commis-
sioners' court of said counties, an order for the amount of
said taxes, which said order shall be received for the value
thereof, into the County Treasury for the taxes that may
hereafter be due and payable by tbe person or persons to
whom the same may be granted.

Approveh, Jan. 31, 1835.

In forte Jan. AN ACT supplemental to "'•An act to locate permanently the
24, 1835. Seat of Justice of Alexander County" approved, January

18, 1833.

Seat f J t* Sec. 1. Be it enacted by the people of the Slate of Illinois.
permanently represented in the General Assembly, That the location of
located at Uni- the seat of justice of Alexander county, at Unity, by the
commissioners, under "An act to locate permanently, the
seat of justice of Alexander county," approved, January
18th, 1833, and the several proceedings had in the circuit
and county Commissioners' and other courts of said coun-
ty, so far as the same may be aft'ected by the said location,
be, and the same are hereby confirmed, and the county
seat of said county, as now established at Unity, shall con-
tinue and remain the permanent count}- seat.

113

Sec. 2. The county commissioners' court of said county, Public property
shall cause the court house and other public property at iu A"ie"(Li t0

i i- A • l li I l • l i-ii J "ti Willi.

the town ot America, to be sold to the highest bidder, on a
credit of nine months, previous notice of the time and
place of sale for at least four weeks, having been first giv-
en, by posting at least three written advertisements in the
three most public places in the said county, and the pro- proceecjs how
ceeds of the sale shall be applied to the erection of the ne- applied,
cessary public buildings for the county at Unity.

Approved, Jan. 24, 1835.

AN ACT declaring Spoon River a Navigable Stream, iu force June

1, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Kiver declared
represented in the General Assembly, That Spoon River be, navigable.
nnd the same is hereby declared a navigable stream from
its confluence with the Illinois river up to Cameron's mill
on said river, and the same shall at all times hereafter be a
public highway, and free for the passage of boats and water
crafts from the mouth of said river up to said mill: Pro- Proviso.
vided, That any person or persons wishing to build a mill
dam on said river, may do so, by constructing an apron to
such mill dam, so as to permit fiat and keel boats to pass
the same.

This act to take effect and be in force from and after the
first day of June next.

Approved, Feb. 12. 1835.

AN ACT declaring Crooked Creek in Schuyler County a In farced

Navigable Stream. ' "J"

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Crooked Creek in
Schuyler county in this State, be, and the same is hereby
declared a navigable stream from its confluence with the
Illinois river upto Henly's mill on said creek, and the same
shall at all times hereafter, be a public highway, and free
for the passage of boats and water craft of every descrip-
tion, from the mouth of said creek up to said mill: Pro-
vided, That any person or persons wishing to build a mill
dam on said creek, may do so, by constructing an apron to

144

such mill dam so as to permit flat and keel boats to pass
the same.

This act to take effect and be in force from and after the
first day of June next.

Approved, .Feb. 11, 1835.

In farce Jan. AN ACT to amend "An act prescribing the mode of Sum-
moiling Grand and Petit Jurors, and defining their quali-
fications;" approved, February 7, 1827.

Part of law re- Sec. 1 . Be it enacted by the people of the State of Illinois,
jieaied. represented in the General Assembly, That so much of the

eighth section of the act to which this is an amendment, as
requires sheriffs or other officers to make timely return of
any summons to the clerks that issued the same, be, and
the same is hereby repealed.
Sheriff's duty Sec. 2. Be it further enacted, That in all cases where any
in relation sheriff or other officer shall be commanded to execute any
summons, by virtue of the aforesaid act, he shall be requi-
red to make timely return of the same, on or before the re-
turn day thereof, to the clerk of the circuit court.

Approved, Jan. 24, 1835.

In force Jan. AN ACT to amend "An act regulating Enclosures".
97,1835. ° *

Owners of ani- Sec. 1. Be it enacted by the people of the State of Illinois,
lawful fee8 re])resente^ *w the General Assembly, That if any horse, mare,
liable for dama- gelding, colt, mule or ass, sheep, lamb, goat, kid, bull, cow,
*cs- heifer, steer or calf, or any hog, shoat or pig, shall break in-

to any person's enclosure, the fence being good and suffi-
cient, the owner of such animal or animals, shall be liable
in an action of trespass, to make good all damages to the
owner or occupier of the enclosures, for the first offence
single damages only, and ever afterwards double the dama-
ges sustained.
Sufficiency of Sec. 2. Be it further enacted, That the condition of the
fence to be pro- fence at the time the trespass was committed, may be pro-
ven on trial. ven Up0n jLjg^ an(j tnat complaint made by the party in-
jured before any justice of the peace of the county where-
in such trespass shall be made, such justice is hereby au-
thorized and required to issue a summons without delay to

145

three respectable householders of the neighborhood, no
ways related to either of the parties, nor interested con-
cerning the trespass, reciting the complaint and requiring
them to view the fence where the trespass is complained
of, and their testimony, in such case, shall be good evi-
dence touching the sufficiency of the fence.

Sec. 3. Be it further enacted, That if any person injured Persons injur-
for want of such sufficient fence, shall hurt, wound, kiljdame in.s animals5
or destroy, or shall cause to be hurt, wounded, killed, lamed M fence^able
or destroyed, by shooting, hunting with dogs or otherwise, for the same,
any of the aforesaid animals, he or she so offending, shall
satisfy or pay the owner of the same, the damages with
costs, recoverable as aforesaid: Provided, That if the par- Proviso,
ty liable to damages as aforesaid, in either case, will abide
and pay what may be deemed reasonable by three neigh-
bors, indifferently chosen to assess the same, it shall be a
bar -against such suit.

Sec. 4. Be it further enacted, That all animals trespass- Owner to be no-
ing, the owners of the same (if known) shall be notified tified otani-
thereof, and if they shall refuse to secure the said animals J1™'5 lre^,afS_
and prevent their trespassing, the persons on whom the
trespass was committed, shall be authorized to secure the
same, supplying the aforesaid animals with provender and
water, for which they shall receive a compensation from
said owner: Provided, That if said animals shall receive
any abuse or damage from said persons, they shall be bar-
red from any compensation for the aforesaid services.

Sec. 5. Be it further enacted, That the first and second Part of law re-
sections of the act to which this is an amendment, be, andPea]ei1-
the same are hereby repealed.

This act to be in force after its passage.

Approved, Jan. 27, 1835.

AN ACT relating to the Sale of the Gallatin Saline Lands, in force Feb.

12, 183").
Sec. 1. Be it enacted by the people of the State of Illinois, Commissioners
represented in the General Assembly, "That Leonard White, JP^6^".
Daniel Wood and John E. Hall, be, and they are hereby JJjJJ acres0of
appointed commissioners to enter upon the Saline Reserve Saline lands.
in Gallatin county, and select any quantity of land, not
exceeding five thousand acres of land, and if there are any
lands selected by the former commissioners which shall in-
terfere with salt making at said Saline, or which is not now
likely to sell, the same shall be relinquished by the afore-
said commissioners to an amount not exceeding the said

146

five thousand acres. The said commissioners shall, before
entering upon their duties, take an oath before some jus-
tice of the peace faithfully to discharge the duties enjoined
upon them by this act.
.Shall report to Sec. 2. When the said commissioners shall enter upon
the eommis- the duties of their said office, and relinquish old selections
nonei of sa es. ancj maj,e new ones m ]jeu thereof, they shall report the
same to the commissioner of sales of Saline lands, noting
in their said report, the description of lands relinquished
and those selected in lieu thereof, making, by separate re-
parate reports, a distinction between a change of lands in
the first and second sections,
c, „ . , Sec. 3. The said commissioners shall not be authorized

Shall not make . . .

any selection* to select any lands within any lease, unless the lessee shall
within any relinquish any incumbrance he may have, by virtue of his
lease" lease to the said land so selected, in which case the said

commissioners shall return the same along with their re-
port, to the commissioner of sales, and all lands to be re-
selected under this act, shall be sold free from the incum-
brances of any lease.
Persons resi- gFC# 4. All persons who have settled on any of the said
selected! * lands that may hereafter be selected under the provisions
of this act, and shall be in the actual occupancy of the
same at the period when this act takes effect, shall be en-
titled to the right of purchasing the same at any time pre-
vious to the same being offered for sale, as is hereinafter
provided, at the minimum price; and also, all persons shall
be entitled to the same right, who shall have made perma-
nent and valuable improvements thereon, tending towards
husbandry, or who shall be the owner or occupier thereof
at the time this act takes effect: Provided, That no one
shall be entitled to purchase more than eighty acres under
the pre-emption right herein granted.
Pre-emption Sec. 5. In all cases where claims to the right of pre-
ciaimed by two ernption shall be made by two or more to the same tract
decided.' . °f land, the same shall be decided by the third section of
an act, entitled "An act concerning the Gallatin county
and Vermilion county Saline lands," which said section is
hereby revived and continued in force for the purpose
aforesaid; but in all cases, the preference shall be given to
the actual settler.
Duty of com- Sec. 6. After the said commissioners shall have made
missioned of their report to the commissioner of sales, it shall be his du-
ty to advertise the same for sale in some public newspa-
per, at least four weeks previous to the day of sale, and
on that day offer the same as lands having been heretofore
offered for sale.
Commissioners ^Ec* 7* ^ne commissioners named in the first section of
in their selec- this act, shall not, in their selection of land, interfere with

14?

the manufactory of salt; but shall, in all cases, consult the tkm shall not
interest of the State and of the present lessees, as far as ^?lfeaiJjWlth
making salt is concerned. They shall be allowed the same
compensation as other commissioners heretofore have been Compensation,
allowed, to be paid by the commissioner of sales.

Sec. 8. That the fourth section of an act, entitled "An Part of act re-
act to amend an act concerning Saline Reserves, a Peniten- pealed.
tiary, and the improvement of certain navigable streams,"
approved, December 12, 1828, be, and the same is hereby
repealed.

Sec. 9. The commissioner for selling the lands authori- Compensation
zed to be sold in the Gallatin county Saline Reserve, shall ot c°mm;ssi°n-

• • CIS 01 ji! J' ■

hereafter receive as compensation for his services, and in
full compensation for office rent, clerk hire, books, station-
ery and transportation of the money, live per cent, upon
all moneys received by him in the sale of said lands. Said
five per cent, to be deducted out of the money so received
by him in payment for said lands.

Approved, Feb. 13, 1835.

AN ACT concerning Religious Societies. In force Maich

1, 1835.

Whereas, petitions are frequently presented to the legis- Preamble,
lature of the State to incorporate religious societies; and,
whereas, if said acts of incorporation were granted, it
would lead to an endless system of partial legislation;
and whereas, all religious societies, of every denomination,
should receive equal protection and encouragement from
the legislature, and no one society be granted exclusive
privileges : Therefore —

Sec. 1. Be it enacted by the people oj the State of Illinois, Religious socie-
represented in the General Assembly^ That it shall be lawful ties m*y be"
for the members of any society or congregation heretofore c°™£ inC01P01-
formed in this State for purposes of religious worship, and
for members of any society or congregation which may
hereafter be formed for the purpose aforesaid, to purchase
a quantity of land not exceeding five acres, and to erect
or build thereon, such houses and buildings as they may
deem necessary for the purposes aforesaid, and to make
such other use of the land, and make such other improve-
ments thereon as may be deemed necessary for the com-
fort and convenience of such society or congregation; and M )ector
such society or congregation may assume a name and elect appoint tnw-
or appoint any number of trustees, not exceeding ten, who tees.

148

Appointment
how verified.

shall be styled trustees oi' such society or congregation by
the name assumed, and the title to the land purchased and
improvements made, shall be vested in the trustees, by the
name and style assumed as aforesaid.

Sec. 2. Immediately after the election or appointment of
trustees by any society or congregation as aforesaid, the
persons elected or appointed, shall make a certificate, un-
der their hands and seals, stating the date of their election
or appointment, the name of the society or congregation,
and the length of time for which they were elected or ap-
pointed, which shall be verified by the affidavit of some
one of the persons making the same, and shall be recorded
by the recorder of the county in which such society or
congregation may be formed, and the said trustees shall
hold their office for and during the period stated in the cer-
tificate aforesaid. And at the expiration of their term of
service and forever thereafter, at the expiration of the term
of service of any trustee elected or appointed as aforesaid,
the said society or congregation shall elect or appoint suc-
cessors, who shall, in like manner, continue in office for
such period as may be limited by the society or congrega-
tion, and a certificate of their election or appointment shall
be made by the trustees whose term of service shall have
expired, which shall be verified by affidavit, and record-
ed as provided in the election or appointment of trustees
in the first instance.

Shall have pet- Sec. 3. The trustees elected or appointed under the pro-
petual succes- visons Df this act, and their successors, shall have perpetual
succession and existence, and the title to land herein au-
thorized to be purchased, and to the buildings and improve-
ments thereon, shall be vested in the said trustees by their
assumed name, and their successors forever; and the same
shall be held for the uses and purposes herein named and
Their powers, no other; and such trustees shall be capable in law, to sue
and be sued, implead and be impleaded, answer and be an-
swered unto, defend and be defended, in all courts of law
or equity whatsoever, in and by the name and style assu-
med as aforesaid; and shall have power, under the direc-
tion of the society or congregation, to execute deeds and
conveyances of, and concerning the estate and property
herein authorized to be held by such society or congrega-
tion; and such deeds or conveyances shall have the same
eli'ect as like deeds or conveyances made by natural per-
sons: Provided, That no deed or conveyance shall lie
made of any estate held as aforesaid, so as to defeat or de-
stroy the interest or effect of any grant, donation or be-
quest which may be made to any such society or congre-
gation, but all grants, donations, and bequests shall be ap-

149

propriated and used as directed by the person or persons
making the same.

Sec. 4. Every society or congregation formed as afore- Society to fill
said, shall have power to provide for filling vacancies which vacancws-
may happen in the office of trustee, and also to remove
trustees from office, and to adopt such rules and regula-
tions in relation to the duties of trustees, and the manage-
ment of its estate as the members may deem proper, not
inconsistent with the constitution and laws of this State
or the United States.

Sec. 5. Upon the dissolution of any society or congre- When any so-
sation formed under the provisions of this act, the estate "ety shall be

t> , .. , • 1, -i ,, dissolved.

and property ot such society or congregation shall revert
back to the persons, their heirs and assigns, who may have
given or contributed to the purchase of, or payment for the
same, according to their respective rights. A failure to elect
or appoint trustees at any time when, by the provisions of
this act, such election or appointment should be had, shall
not work a dissolution of the society or congregation, but
the trustees last elected or appointed, shall be considered
as in office until another election or appointment shall take
place.

This act shall take effect on the first day of March next.

Approved, Feb. 6, 1835.

AN ACT to authorize the County Commissioners of Pike In force Jan.
County to sell certain properly therein named. 7> lS3^-

Sec. 1. Be it enacted by the people of the Slate of Illinois, Property to be
represented in the General Assembly, That the county com- solc"
missioners of Pike county, be, and they are hereby authori-
zed to sell at public vendue, all the town lots and buildings
thereon, which are situated in the town of Atlas, belonging
to said county of Pike. Said commissioners shall cause no-
tice of the time and place of sale, to be posted up in five
of the most public places in the county, at least four weeks
next preceding the day of sale.

Sec. 2. The said commissioners are hereby required to Conditions of
fix the conditions of the sale, and may give to the purchaser sa e"
or purchasers, a credit of not exceeding one year, as they
may deem most advantageous to the interest of the coun-
ty. The proceeds of said sales shall be paid into the Coun-
ty Treasury, and become a part of the revenue of said
county.

Sec. 3. All laws and parts of laws which come within Acts repealed.

150

the meaning and purview of this act, be, and the same are
hereby repealed. This act to take effect from and after its
passage.

Approved, Jan. 7, 1835.

In fence Jan.
7, 1835.

May become
incorporated.

AN ACT concerning the Towns of Pittsfield and Chester.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the inhabitants of
the town of Pittsfield in the county of Pike, and the in-
habitants of the town of Chester in the county of Ran-
dolph, are hereby authorized and empowered to become
incorporated in the manner and upon the terms prescribed
in the act, entitled "An act to incorporate the inhabitants
of such towns as may wish to be incorporated," approved,
February 12th, 1831, notwithstanding there may not be
one hundred and fifty inhabitants in either of said towns;
and upon complying with the provisions of the act afore-
said, the inhabitants of the said towns, and the president and
trustees thereof, when elected, shall have, exercise, and en-
joy all the rights, privileges, and powers granted and con-
ferred by the act above recited.

This act to take effect from its passage.

Approved, Jan. 7, 1835.

In force Jan. AN ACT to establish a uniform mode of holding Circuit
7, 1835. Courts.

Five additional
judges to be
elected.

thai I be <
missioned
'he Govci

oin-

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That there shall be elec-
ted by joint ballot of both branches of the General Assem-
bly, at its present session, five judges in addition to the one
now authorized by law, who shall preside in the several
circuit courts now or hereafter authorized and required to
be held in the several counties in this State; and shall ex-
ercise and possess such jurisdiction therein as is or may be
allowed to the circuit courts in this State.

Sec. 2. The said circuit judges, when thus elected, shall
be commissioned by the Governor, and shall hold their of-
fices during good behavior. The said judges shall reside
in their respective circuits to which they may be assigned.

151

And all laws which require the judges of the supreme court Pavt ol law re
to hold circuit courts, so far as such requisition is concern- Pealed-
ed, are hereby repealed.

Sec. 3. There shall be two terms of the supreme court Two terms of
held annually at the seat of Government. the supreme

This act to be in force from and after its passage. ">n" J1,n,iallv

Approved, Jan. 7, 1 835.

AN ACT to repeal so much of the law as grants Pre-emp-^ force Feb
tion Rights to Settlers on Seminary Lands. ''' 1835,

Sec. 1. Be it enacted by the people of the State of Illinois, Act « pealed
represented i?i the General Assembly, That the third section
of the act, entitled "An act to provide for the sale of the
Seminary lands," approved, February 15th, 1831, be, and
the same is hereby repealed: Provided, That rights ac- Proviso.
quired under the provisions of the above mentioned act,
shall not be effected by the passage of this act.

Approved, Feb. 6, 1835.

AN ACT to provide for the Enclosing and Guarding Salt In force June
Petre Caves in this Stale. h I835-

Sec 1. Be it enacted by the people of the State of Illinois, Manufacturers
represented in the General Assembly, That all persons work- of ®alt Petre t0
ing salt petre caves in this State, for the purpose of
manufacturing of salt petre, shall, previous to commen-
cing the manufacture of salt petre, enclose said cave with
a good and lawful fence, and keep the same at all times in
good repair, so as to prevent cattle and other stock from
gaining access thereto.

Sec. 2. All persons working salt petre caves in this State, Penalty for not
and not first complying with the first section of this act, oing s0
may be fined in any sum not exceeding fifty dollars, to be
recovered before any justice of the peace of the county in
which the offence may be committed, upon complaint made
by any person, in the name of the county commissioners'
court of said county, one half to the person sueing there-
for, the other to the county commissioners' court of the
proper county, and shall also be liable for all damage which
individuals may sustain by reason of their stock gaining

152

access to salt, petre caves or manufactories. This* act to
be in force from and after the first day of June next.

Approved, Feb. 6, 1835.

In force

7, 1H35.

Feb.

AN ACT to amend the Practice Act of 1827.

Sec. 1. Be it enacted by the people of the State, of Illinois,
represented in the General Assembly, That in all cases where
interlocutory judgment shall be given in any action upon
a penal bond or other instrument, and the damages rest in
computation, the court may refer it to the clerk to assess
and report the damages, and may enter final judgment
therefor, without a writ of enquiry, and without empan-
nelling a jury for that purpose. The provisions of this act
shall apply to proceedings instituted or had under the act
entitled "An act simplifying proceedings at law for the col-
lection of debts," approved, February 1833.

Approved, Feb. 7, 1835.

In force June
1, 1835.

Appeals may
be taken IVoin
county com-
mifsionei's*' to
circuit court.

AN ACT allowing Appeals in certain cases.

Sec. 1. Be it enacted by the people of the State of Illinois*
represented in the General Assembly^ That any party to a
proceeding had before any county commissioners' court,
who may feel aggrieved by the final decision, judgment or
order of such court, shall be allowed to appeal to the cir-
cuit court of the county in which the decision, judgment
or order may have been made: Provided, the appeal be
prayed during the term of the court at which the decision,
judgment or order may be rendered: And provided, far-
ther, That the party praying appeals shall be required to
execute bond, with good security, to be approved by the
court, payable to such person, and with such conditions as
the court shall require; and after the execution of the ap-
peal bond, the clerk of the commissioners'' court shall file
with the clerk of the circuit court, a full and complete tran-
script of the record and proceedings of the court, together
with the appeal bond, and all original papers relating to the
case; and the clerk of the circuit court shall thereupon is-
sue from circuit sue a summons against all parties interested in the decision,
judgment or order appealed from, as in clises of appeals

Proviso.

Appellant to
give bond.

Summons to is-

153

from judgments of justices of the peace, and if a county When county
be interested, the summons shall issue against the county 1S a party'
commissioners of such county.

Sec. 2. The circuit courts shall have jurisdiction to hear Jurisdiction of
and determine all such appeals, and shall give such judgment circuit court in

• 1*1*1 • Slich C3.SPR

in respect to the right 01 the parties, as the commissioners'
court should have given, and shall have power to make all
such orders, and to issue all such process and notices as may
be necessary to bring all persons interested before the court;
and on the trial of such appeals, the court shall proceed in
all respects as is or may be required in the trial of other
appeal cases in said court, and the judgment of the court
in the premises, shall be final and conclusive upon the par-
ties, unless an appeal be taken to the supreme court. The May remand
said circuit court shall also have power to remand all such the cause,
cases to the county commissioners' court, with directions
to carry into effect, so far as relates to rights of parties,
the judgment of said court: Provided, That in cases so Proviso*
remanded, the circuit court shall make out and deliver a
written opinion to be entered of record, and transmitted to
the county commissioners' court.

Sec. 3. Appeals shall hereafter be allowed from all judg- Appeals aiiow-
ments of justices of the peace, rendered in qui tarn actions ed !n ^!" tam

.. * i • -* . actions,

and suits instituted to recover penalties or forfeitures which
is or may be allowed by any statute of the State; such ap-
peals to be taken and proceeded in, in all respects as is or
may be required in appeals from judgments of justices of
the peace in civil actions.

This act shall take effect on the first day of June next.

Approved, Jan. 31, 1835.

AN ACT dividing the Slate into Judicial Circuits. In force Jan,

17, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, 1st circuit.
represented in the General Assembly, That the counties of
Calhoun, Greene, Morgan, Sangamon, Macoupin, Macon,
Tazewell and M'Lean, shall form the first judicial circuit;
the counties of Madison, St. Clair, Monroe, Randolph, 2d circuit.
Washington, Clinton, Bond, Montgomery, Shelby, Effing-
ham and Fayette, shall form the second judicial circuit;
the counties of Hamilton, Jefferson, Franklin, Gallatin, 3d circuit.
Pope, Johnson, Alexander, Union, Jackson, Marion and
Perry, shall form the third judicial circuit; the counties of 4th circuit.
Wayne, White, Edwards, Wabash, Lawrence, Crawford,
Jasper, Clark, Edgar, Vermilion, Champaign, Coles and

5th circuit.

Cth rircuit.

151

Clay, shall form the fourth judicial district; the counties of
Pike, Adams, Hancock, M'Donough, Knox, Warren, Ful-
ton and Schuyler, shall form the fifth judicial circuit; and
the counties of Jo Daviess, Rock Island, Mercer, Henry,
Peoria, Putnam, La Salle, Cook and Iroquois, shall form the
sixth judicial circuit.

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

Approved, Jan. 17, 1835.

In force Feb.
12, 1835:

Sum to be de-
manded for li-
cense.

AN ACT to amend an act to License and Regulate Taverns.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That hereafter the coun-
ty commissioners' court of each and every county in this
State shall, at the time of granting a license under the act
to which this is an amendment, demand of, and from the
person receiving the same, a sum not more than fifty dol-
lars, taking into consideration the stand where such tavern
is to be located or opened, which sum so received, shall,
by the said commissioners, be paid to the County Trea-
surer of said county; which license so granted, shall au-
thorize such person to keep a tavern and retail liquors for
the term of one year.

Approved, Feb. 12, 1835.

l e . T) -AN ACT to Organize the County of Jasper.

19, 1834.

Ele ti of fl" ^EC* *" ^e *' cnac^d by the people of the State of Illinois,

cers. represented in the General Assembly, That on the fourth

Monday in January next, between the hours of eight
o'clock in the morning, and seven o'clock in the evening,
an election shall be held in the town of Newton in the
county of Jasper, for three county commissioners, one
sheriff, and one coroner for said county, who shall con-
tinue in office until their successors shall be duly elected
and qualified.

Judges of dec- ?EC* 2* ^avid Philips? William M. Richards, and Win.

tion. Price, or any two of them, shall be judges of said election,

and shall be authorized to appoint two clerks, and shall be
qualified in the same manner as judges and clerks of elec-
tions are now required by law, and said election shall, in

155

every respect, be conducted in conformity with the elec- IIow conduc-
tion laws of this State. ed-

Sec. 3. The location of the seat of justice made by com- Seat of justice,
missioners appointed by the act creating said county of
Jasper, and all their acts properly appertaining to their
duties as such, are hereby ratified and confirmed.

Sec. 4. Said county of Jasper shall be attached to the Attached to 4th
fourth judicial circuit, and shall vote with the county of Jl,dicial circuit.
Crawford in the election of Representative to the State le-
gislature, and with the counties of Crawford and Lawrence
in the Senatorial election.

Approved, Dec. 19, 1834.

AN ACT relative to an Appropriation from the avails of the In force Feb.
Gallatin County Saline Lands, for the benefit of Randolph >
County.

Sec. 1. Be it enacted by the people of the State of Illinois, Certain actre-
represented in the General Assembly, That so much of the pea e
first section of "An act appropriating a portion of the avails
arising from the sale of the Saline lands in Gallatin county,
to internal improvements," approved, 16th February, 1831,
as makes it the duty of the county commissioners' court
of Randolph county to expend the appropriation made
said county, on a certain road therein named, be, and the
same is hereby repealed; and the said commissioners shall
appropriate the same towards the construction of bridges
in the said county of Randolph.

This act to take effect from and after its passage, any
law to the contrary notwithstanding.

Approved, Feb. 6, 1835.

AN ACT for the purposes therein named. {» f°1fic„e,Feb-

Sec. 1. Be it enacted by the people of the State of Illinois, Appropriation
represented in the General Assembly, "That after the appro- Jj Macou^8
priations shall have been received in the several counties, and Momgom-
contemplated in the act, entitled "An act appropriating aery-
portion of the avails arising from the sale of the Saline
lands in Gallatin county, to internal improvement," there
shall be two hundred dollars appropriated to the county of

156

Macoupin, to be applied by the county commissioners'
court of said county, to internal improvement, out of the
sale of the Saline lands in Gallatin county; also, to the
county of Montgomery, the sum of two hundred dollars,
to be appropriated in said county in the building of a bridge
or bridges, under the direction of the county commission-
ers' court of said county.

Approved, Feb. 13, 1335.

In force Jan. AN ACT to Organize the County of Mercer.

31, 1835.

Election for Sec. 1. Be it enacted by the people of the State of Illinois,

county officer, represented in the General Assembly, That on the first Mon-
day of April next, between the hours of eight o'clock in
the morning and seven o'clock in the evening, an election
shall be held in the town of New Boston, at the house of
Eli Reynolds and the house of George Miller in the coun-
ty of Mercer, for three county commissioners, one sheriff,
and one coroner for said county, who shall continue in of-
fice until their successors shall be duly elected and qualified.

Judges of dec- Sec. 2. That James Irvin, George Piper and Benjamin

tion. Vanate, or any two of them, shall be judges of the elec-

tion to be held at the town of New Boston, and George
Miller, David Shouce and Ebenezer Creswell, or any two
of them, shall be judges of the election to be held at the
house of George Miller. Said judges shall be authorized to
appoint two clerks at each precinct, and said judges and
clerks shall be qualified in the same manner as judges and
clerks of elections are now required by law; and said elec-

How conduct- tions shall, in every respect, be conducted in conformity

eH- with the election laws of this State.

pi „„rui Sec. 3. Until the county seat of said county of Mercer

rlace ol hold- . ... . . . •> . . J

ing courts. shall be located, it shall be the duty ot the county commis-
sioners' court of said county, to procure a suitable house '
at New Boston, and the several courts shall be held at New
Boston until suitable buildings arc furnished at the county
seat hereinafter to be located; and the said town of New
Boston is hereby declared the temporary seat of said coun-
ty of Mercer, until the same shall be permanently located
by law.

County organ- Sec. 4. Said county of Mercer is hereby declared to be
organized, with such corporate powers as belong to other
counties in this State.

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

Approved. Jan. 31, 1835.

157

AN ACT concerning Public Records. J» ("(,1<-p Feb.

& 9, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, State recorder's
represented in the General Assembly, That the Governor of^vesdtoj!^_
this State is hereby authorized to cause the books in the of- viiio.
fice of the Secretary of State, and in the Recorder's office
at Edwardsville in Madison county, containing the records
of deeds for lands lying in the Military Tract in this State,
to be removed to the Recorder's office in Rushville in
Schuyler county.

Sec. 2. The Recorder of Madison county is hereby re- Recorder of
quired, as soon as practicable, to transcribe into a book to JIadiSOn coun-
be provided by him for that purpose, any deeds which may " '
be recorded in the books in his office, containing the re-
cords of deeds for land lying in the Military Tract before
said books shall be taken from his office, noting at the end
of each deed and acknowledgment, the book and page in
which said deed is recorded.

Sec. 3. That it shall be the duty of the Recorder of J)u^°f»cJrd-
Schuyler county to give his receipt for said record books ^onntj. "3 "
when the same shall come to his office, describing each
book by its letter and number of pages, which receipt shall
be filed in the office of the Secretary of State.

Sec 4. That the Recorder of Madison county shall be Compensation
entitled to the sum of twenty-five cents for each deed and 0^ Madison. *"
acknowledgment which he may transcribe in pursuance of
the provisions of the second section of this act, to be paid
out of the State Treasury, on the warrant of the Auditor
of Public Accounts, together with the cost of the record
book contemplated in the second section of this act. The
Auditor to draw his warrant on the Treasurer for the
amount of said expenses, when he shall be satisfied of the
number of said deeds and acknowledgments, and the cost
of said record book shall be certified to him under the seal
of the county commissioners' court of Madison county.

Sec. b. That whenever the Governor shall inform the
Auditor of Public Accounts of the amount of the expenses
ol' removing said records, it shall be the duty of the Audi-
tor to draw his warrant on the Treasurer in favor of the
person or persons entitled to the same, which shall be paid
out of the State Treasury.

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

Approved, Feb. 0, 1835.

158

In force Feb. AN ACT to provide for Transcribing certain Records
12' 1835- therein named.

County com-
missioners of
Adams county
to appoint a
commissioner
to transcribe
said records.

Shall take an
oath.

County com-
missioners to
furnish him
with suitable
books.

His duties.

I)utje3 of re-
corders and
others having
m;i i«l records in
possession,

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the county com-
missioners' court of the county of Adams, be, and they are
hereby authorized and empowered, whenever they shall
deem it expedient, by an order to be entered on their re-
cords, to appoint some competent person as a commis-
sioner, for the purpose hereinafter expressed, who shall
take and subscribe an oath faithfully and carefully to per-
form such duties as may be required of him by this act,
which oath may be administered and certified by any jus-
tice of the peace of said county.

Sec. 2. It shall be the duty of the county commissioners'
court of said county, when they make such appointment,
or as soon thereafter as may be convenient, to provide a
sufficient number of blank books, substantially bound, and
suitable for recording deeds in, which books, when provi-
ded, shall be delivered to the aforesaid commissioner, who
shall receipt for the same.

Sec. 3. As soon as such book or books shall be delivered
to said commissioner, he shall record in each book a copy
of the order of his appointment and his oath of office, and
proceed in due time to ail the recording offices in this State
where deeds or title papers for lands lying in the said coun-
ty of Adams have been by law required or permitted to
be recorded, or where such records may be deposited or
kept, and shall, from the books of said offices, make out
and record in a fair and legible manner in the book or
books so furnished him, all deeds and title papers to lands
lying in the aforesaid county, which have been recorded in
any such recording office as aforesaid, after which, said
commissioner shall return the book or books so delivered
to him, to the Recorder of the county of Adams; and it
shall be the duty of said Recorder to make a certificate to
that effect, at the end of each book. The said Recorder
shall estimate the number of deeds which said commis-
sioner shall have transcribed into such book or books, and
certify the same to the county commissioners' court of
said county, who shall thereupon make an order in favor
of such commissioner, for the sum of twenty-five cents for
each deed by him transcribed as aforesaid, to be paid as
other county orders are.

Sec. 4. It shall be the duty of all recorders and other
persons who may have the care, custody, or control of any
of the books in which deeds to lands lying within the said
county of Adams have been recorded, to permit said com-
missioner to make transcripts of all and every such deed,

159

and for that purpose, to use the books in which such deeds
may be recorded.

Sec. 5. The said county commissioners' court shall have
power to fill all vacancies in the said office of commis-
sioner.

Sec. 6. The said commissioner in transcribing the deeds Transcripts
and title papers aforesaid, into the books so provided as when j*0 u"yle
aforesaid, shall, immediately after transcribing each deed, books of record,
title paper, acknowledgment and certificate, note in the
said book at what time, in what office, book and page, the
same was originally recorded, and when such transcribed
record books shall be delivered to the Recorder of the said
county of Adams, they shall, to all intents and purposes,
be considered as books of records of deeds for the said
county of Adams, and copies of such transcribed records
certified by the Recorder of said county, shall be evidence
in all courts and places, in the same manner that copies of
deeds regularly recorded in the Recorder's office of said
county are evidence and with the like effect.

Sec. 7. Copies of the records of deeds and title papers, Certified copies
from the books of records, to be deposited in the Recor- th^oi R00tl
der's office of the county of Schuyler, certified by the Re-
corder of the said county of Schuyler, shall be evidence in
all courts and places, in the same manner and with the like
effect, as if the same were certified by the proper Recorder
of the office to which the said records originally belonged.

Sec. 8. The provisions of this act may be extended to
all or any of the counties in the Military Tract, and the
county commissioners' courts of any or all of those coun-
ties, are hereby authorized and empowered to have the re-
cords of all deeds and title papers for lands situated in their
respective counties, transcribed in the same manner and
with the same effect as is herein provided for Adams
county.

Approved, Feb. 12, 1835.

AN ACT to establish the County Seat of Rock Island County. In force Feb.

1% 1835.

Sec. 1. Be it enacted by the peojrie of the State of Illinois, Commissioners
represented in the General Assembly, That William Bennett JJ^JJjJj1^
of Jo Daviess county, Peter Butler of Warren county, and 0°fC|ustke. ""
John G. Sanburn of Knox county, be, and they are hereby
appointed commissioners, whose duty it shall be to locate
a permanent seat of justice for the county of Rock Island,

160

Name of coun-
ty hCUt.

When and
where to meet.

Shall report to
county com-
missioners'
court.

If located on
private land.

If on public
l&nd.

Compensation
to commission'

ers.

and the county seat, when selected and located, shall be
called "Stephenson."'

Sec. 2. The above named commissioners, or a majority
of them, shall meet in the town of Farmersburg in Rock
Island county, on the first day of May, or within four
months thereafter, and after being duly sworn by some
justice of the peace, faithfully to take into consideration
the convenience of the people, situation of settlements
that may hereafter be made, the eligibility of situation for
said town, shall proceed to fix upon a place for said coun-
ty seat.

Sec. 3. When said commissioners, or a majority of then*,
shall have agreed upon a place for a county seat, as is pro-
vided in the second section of this act, they shall make re-
port thereof, under their hands, describing particularly the
place they have so selected, to the county commissioners'
court of the said county of Rock Island, who, at their next
term, shall cause the same to be entered upon the records
of said court; and the said place so selected, shall be and
remain the permanent seat of justice of the aforesaid
county.

Sec. 4. Should the said commissioners conclude to locate
said county seat on private property, or the property of
individuals, they shall ask and obtain from said individuals
a donation of at least twenty acres of land, and shall also
select and describe said donation in their report, with cer-
tainty, by metes and bounds, as near as may be: Provi-
ded, That should said proprietor refuse to make the dona-
tion herein provided for, the said commissioners shall be re*
quired to locate the said seat of justice on the nearest eligi-
ble public land; and should said county seat be so located
on public land, the county commissioners of said county
may proceed to purchase the same for the use of said coun-
ty; and should the said county seat be located upon indi-
vidual property, the said commissioners shall take from said
individuals, a deed in fee simple to said county, for such
land as may be so donated.

Sec. 5. The county commissioners' court, at the next
term after said location is made, may allow the said com-
missioners three dollars per day for their services, to be
paid out of the Treasury of said county.

Approved, Feb. 12, 1G35.

161

AN ACT relating to Schools in Township thirty-nine North, In force Fab.
Range fourteen East. G, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, School inspec-
represented in the General Assembly, That the legal voters tors t() be ele("
in township thirty-nine north, range fourteen east, in Cook u ' '
county, shall assemble at the usual place of holding elections
in the said township, on the first Monday in June next, and
annually thereafter, and elect either five or seven persons
to be school inspectors, who shall continue in office one
year and until others are elected.

Sec. 2. The school inspectors shall recommend to the Township to he
county commissioners of Cook county, to lay off and di- tuvi(,ed jnto.
vide the said township into school districts, number, and
from time to time, alter the same, and create new ones, as
circumstances may require; and the said county commis-
sioners are hereby required to lay oft', number, alter and
create such districts as the said school inspectors may from
time to time recommend.

Sec. 3. The said school inspectors, or some of them, shall Inspectors shall
visit all of the public schools within the township, at least v|sit schools>
once a month; inquire into the progress of the scholars and
the government of the schools; examine all persons offer-
ing themselves as candidates for teaching, and when found
well qualified, give them certificates thereof gratuitously,
and attend at the quarterly examinations of the scholars.
They may advise and direct as to the books to be used, and
the course of study to be pursued in the schools; may re-
move teachers for any just cause; make by-laws for the re-
gulations of the schools: Provided, That a majority of the
voters, at any legal meeting of the township called for that
purpose, may repeal such by-laws; may divide the schools
into male and female departments, if they think it expedi-
ent; and a majority of the legal voters of the township
shall require it, they may establish one or more high schools,
under such regulations as a majority of such legal voters
may prescribe; and they may do such other things in rela-
tion to schools, not inconsistent with this act, as a majori-
ty of the legal voters of the township may direct.

Sec 4. The legal voters in each school district, shall an- Trustees of
nually elect three persons to be trustees of common schools, s°to™k how
whose duty it shall be to employ qualified and suitable teach- elected,
ers; to see that the schools are free, and that all the white Their duties.
children in the district have an opportunity of attending
them, under such regulations as the inspectors may make;
to take charge of the school houses, and all of the school
property belonging to the district, and to manage the whole
financial concerns thereof. The said trustees shall annu- May levy and
ally levy and collect a tax sufficient to defray the necessa- collect taxes.

162

ry expense of fuel, rent of school room, and furniture for
the same; and they shall levy and collect such additional
taxes as a majority of the legal voters of the district, at a
meeting called for that purpose, shall direct: Provided,
That such additional taxes shall never exceed one-half of
one per cent, per annum upon all the taxable property in
the district; all of which taxes the said trustees shall have
full power to assess and collect.
Corporate pow- gEC# 5, Each school district shall have full corporate
o^Th^schooi powers for all school purposes: Provided, That nothing
district. herein contained shall prevent two or more districts from

uniting together for the purpose of erecting school houses
whenever a majority of the legal voters in such districts
shall agree to do so.
Trustees to Sec. 6. The trustees of each district shall, at the end of

make report to everv quarter, make report to the school inspectors in wri-
mspectors. tjn^ wnicn report shall set forth the number of schools
within the district; the time that each has been taught du-
ring the previous quarter, and whether by male or female
teachers; the number of scholars, and the time of their at-
tendance during the quarter, to be ascertained by the teach-
ers' keeping an exact list or roll of the scholars' names; the
number present every school-time or half day, which roll
or list shall be sworn to or affirmed by the teacher, and
shall accompany the trustees' report.

Sec. 7. The people of the said township may, at their
annual meeting in June, determine upon what amount of
the interest of their school fund, shall be appropriated for
the support of schools during the next year; but if the peo-
ple shall refuse or neglect to make such appropriation, then
it shall be left discretionary with the school inspectors.
Inspectors shall Sec. 8. The school inspectors shall quarterly apportion
apportion the the said school moneys among the several districts in the
school money sajj township according to the number of scholars in school
t^number'of0 therein, between the ages of five and twenty-one years;
scholars in each and also, according to the time that each scholar has actu-
district. Qjjy attended such school during the previous quarter, to

be ascertained by the report of the said trustees and teach-
ers.
Shall make Sec. 9. Whenever the said apportionment shall have been

schedule. made, the school inspectors shall make out a schedule there-
of, setting forth the amount due to each district, the person
or persons entitled to receive the same, and shall deliver the
said schedule, together with the reports of the trustees, and
the lists or rolls of the teachers, to the commissioner of
school lands, and thereupon the said commissioner shall
pay over such parts of the interest of the school moneys
belonging to the said township, as the said inspectors, in
Duty of school said schedule, may direct. It shall be the duty of the com-

163

missioner of school lands, in Cook county, to preserve all commissioner,
of the schedules, reports and teachers' rolls, that may be
delivered to him as aforesaid, and to make a record thereof
in a book to be by him kept for that purpose, and he shall
annually make and transmit to the Auditor of the State, a
report, which shall set forth the various items contained in
the trustees' reports and teachers' rolls, and such other in-
formation concerning the schools in the said township, as
he may have in his possession, together with a particular
account of all of the school moneys by him paid out, and
such other matters as he may see tit to add.

Sec. 10. It shall be the duty of the inspectors, semi-an- Further duties
nually, to make a report, setting forth the state and Condi-of msP°ctors-
tion of the schools in the said township, and cause the same
to be published in one or more of the newspapers printed
in the township: Provided, nothing in this act shall be so
construed as to authorize the school commissioner of Cook
county to pay to said trustees any part of the principal be-
longing to said township.

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

Approved, Feb. 6, 1835.

AN ACT defining the Duties of Public Printer and fixing In force Jan.
the time and manner of performing the same. 24> 1835-

Sec. 1. Beit enacted by the people of the State of Illinois, All laws, jour-
represented in the General Assembly, That hereafter, until Jjj^""*?
the legislature shall otherwise direct, all laws, journals, iai.s? ac]Veitise-
bills, messages, advertisements, blanks, certificates, circu- ment^&c^to
lars, or advertisements of any description, which shall be ^ ^.^
ordered to be printed by the legislature ol the State ol Il-
linois, or by either branch thereof, or by the Governor, or
by either of the heads of departments, in pursuance oi law
and the discharge of their official duties, shall be given to
the public printer or printers, hereafter to be elected by
the joint ballot of the two houses of the legislature oi this
State, and said public printer or printers, shall receive tor
their services the following prices, viz: For ah law s, jour- Fric.to beal-
nals, bills, messages, reports and documents, oi othei print- .^ ^ J
ing for the legislature, sixty-two and a halt cents per thou- State-
sand ems for composition, and sixty-two and a halt cents
per token for press-work; for the first quire oi blanks ol
any form, one dollar and fifty cents, and lor every subse-
quent quire of the same form ordered to be printed at the
same time, one dollar, except when said blanks contain so

164

much rule and figure work, as that journeymen would make
an extra charge, agreeably to the rules of printing, in which
case the public printer may make an advance of fifty per
cent, on the charge of the journeymen in composition and
Proviso. press-work: Provided, That the public printer or printers

furnishes paper for printing said blanks, certificates or cir-
culars : And provided further. That if said blanks, certi-
ficates, or circulars, be badly or inaccurately printed, or be
printed on paper of an inferior quality, the officer ordering
the same, may refuse to receive the same; for advertising,
the public printer or printers, shall receive for every one
hundred words, fifty cents the first insertion, and twenty-
five cents for every subsequent insertion that may be or-
dered by the officer of government that directs the same
to be published; and all other editors of papers who may
publish such advertisement by direction of the proper offi-
cer, shall receive for their services the same as the public
printer or printers for the same services.
Duty of public Sec. 2. That it shall be the duty of the public printer or
pnnter. printers, with the advice and concurrence of the Secretary

of State, to procure before the meeting of every legisla-
ture, on the best terms posssible, paper of as good quality
as is generally used in publishing statute books, for the
printing of the laws, and suitable paper for all other print-
ing which will be wanting for the use of the legislature,
and he or they shall be allowed by the State the full amount
of the cost and carriage of the same, together with such
reasonable allowance for his or their trouble in providing
the same ; and such interest on the money expended as
may appear reasonable to the Auditor, Treasurer and Sec-
retary of State, subject to the supervision of the subse-
quent legislature. It shall be the duty of the public printer
or printers, to publish the laws and journals on long primer
or small pica type, and to make the pages as large as the
paper will admit of, and leave a sufficient margin.
Shall give bond. ^Ec* 3* That me public printer or printers, shall be re-
quired to give bond with sufficient security to be approved
of by the Governor, in the penal sum of two thousand dol-
lars, for the faithful performance of all printing and other
services required to be done by him or them, for the State
or any of its officers, under the provisions of this act.
Laws and jour- Sec. 4. That the printing of the laws and journals of the
semlSon lC" Present session of the legislature, shall be completed with-
whentobe in three months after the public printer or printers, shall
completed. have been furnished with a copy of the same; and at every
succeeding session, printed copies of the journals shall be
furnished within twelve days after the adjournment of the
Proviso. legislature: Provided, That the clerks of the two houses

shall have furnished the public printer or printers, every

165

morning, with the proceedings of the preceding day; and
the laws passed at each subsequent session of the legisla-
ture, shall be printed within forty days after the adjourn-
ment of the legislature; and a failure on the part of the
public printer or printers, shall subject him or them to a
forfeiture of six per cent, per week on the whole amount
of their contract.

Sec. 5. That the public printer or printers, shall procure Compensation
the folding, stitching and binding of all such laws and jour- '"' ,,jurl"ia;
nals as may be folded, stitched and bound, and shall receive
such compensation as may be agreed upon by the Auditor,
Treasurer and Secretary of State, who shall be governed
by the usages of the binders west, of Cincinnati who carry
on the book binding business.

Sec. 6. That it shall be the duty of the Secretary of Duty of Sccre-
State to examine the printino; of all laws, and see that thev ,a!y .nt yt:ite.hl

-. ,, , i-i i-i i •. relation to prin-

be correctly done, and in a workman-like manner; and it ting laws,
shall be the duty of the Auditor, Treasurer and Secretary
of State to examine all accounts rendered by the public
printer or printers, for work performed, or materials fur-
nished for the State, which officers shall call to their aid
practical printers whenever they shall be satisfied that the
charges have not been correctly made.

Sec. 7. That on the fulfilment of any order for printing, \v

hen a con-

folding, stitching or binding, or for paper furnished by the fiact of Pril"ing
public printer or printers, and used in printing laws or jour- ihe^amount to
nals, or other work in which the State furnishes the paper, be certified by
the Secretary of State shall certify the fact to the Auditor, ^Secretary
who shall issue his warrant on the Treasurer for the sum Auditor,
due such printer or printers, which shall be paid out of any
money not otherwise appropriated.

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

Approved, Jan. 24, 1835.

AN ACT to provide for the Election of County Recorders In force Feb.
and Surveyors. 11,183j.

Sec. 1. Be it enacted by the people of the State of Illinois, Parts of ccna
represented, in the General Assembly, That from and after the laws repealed
first Monday in August next, so much of the fifth section
of an act, entitled "An act relating to the office of Recor-
der," approved, January 8th, 1829, as provides that the
Governor, by and with the advice and consent .of the Se-
nate, shall appoint a recorder in every county; and so
much of the first section of said act as requires the recor-

166

der to furnish, at his own proper cost, well bound books
for the recording of deeds, and the first section of the act
regulating the appointment and duties of county surveyors,
approved, January 14th, 1829, be, and the same are here-
by repealed.
County Recor- " Sec. 2. That an election shall be held on the first Mon-
der and Sm> day m August next, and on the first Monday in August in
every four* every fourth year thereafter, in each county in this State,
years. for a county recorder and surveyor, which county recorder

and surveyor, so elected, shall continue in office for the
term of four years, and until their successors shall be elec-
ted and qualified to office respectively.
Elections how Sec. 3. The election herein provided for, shall, in all
conducted. things be conducted, and returns thereof be made, as pro-
vided by the "act regulating elections," approved,, January
10th, 1 829, to the office of Secretary of State, and upon such
election being made, the Governor shall commission such
county recorder and surveyor to continue in office for four
years; which commission shall be transmitted by the Sec-
retary of State to the clerk of the circuit court of the pro-
per county, and it shall be the duty of said clerk to give
immediate notice to such recorder or surveyor of the re-
ceipt of his commission.
Re oider to ^Ec* ^' ^fte sa*^ recorders, previous to entering upon

give bond. the duties of their office, shall enter into bond as now re-
quired by law, the secureties to which shall be approved
by the county commissioners' courts of the respective
counties for which said recorders are elected.
Vacancies how Sec. 5. The election provided for by this act, shall be
filled. held at the same time and places, and conducted in all re-

spects as is now provided for by the law for elections of
justices of the peace, and all vacancies shall be filled in the
Contested elec- same manner; and contested elections for recorders and
turns. surveyors, shall be regulated as provided for in the mode

prescribed for contesting elections for sheriffs and coroners.
County com- Sec. 6« It sna'l be the duty of the county commissioners'
missioncr to court to provide the county recorders of their respective
pi'oviderecord COunties with well bound books, necessary to the execu-
tion of the duties of his office, to be paid for out of the
County Treasury; and that the county commissioners'
Compensation courts of the several counties, be, and they are hereby re-
udges and quired to pay the said judges and clerks of election out of
01 " the County Treasuary, not exceeding one dollar per day,
and also, such reasonable allowance to the person carrying
the return of such elections to the county seat, as they
may deem just, not exceeding six cents per mile for going
only.

JAMES SEMPLE, Speaker House Rep.
A. M. JENKINS, Speaker of the Senate.

clerk

lion

167

This bill having been returned by the Council of Revi-
sion, with their objections to the same becoming a law,
and the same having been reconsidered, and again passed
both houses by a majority of the whole number of mem-
bers elected, the objections of the Council notwithstand-
ing, the same has become a law of this State.

JAMES M. SEMPLE,
Speaker of the House of Representatives.
A. M. JENKINS,

Speaker of the Senate.
11th Feb. 1835.

AN ACT regulating the times of holding the Supreme and hi force F«b.

Circuit Courts, and fixing the Salary of the Circuit 1:i' li^;,J-
Judges.

Sec. 1. Be it enacted by the people of the State of Illinois, Times oi hold-
represented in the General Assembly, That the terms of the^f"prem*
supreme court shall commence on the second Mondays in
December and first Mondays in June annually, and the
court shall continue in session at each term, until the busi-
ness before it shall be disposed of.

Sec. 2. The salary of the circuit judges of this State, Judges salary.
shalL^be seven hundred and fifty dollars per annum, payable
quarterly.

Sec. 3. The circuit judges may interchange and Hold Circuit judgea
each other's circuit courts as often as they may agree to ^nradrcuks.
do the same, and may award writs of ne-exeat, habeas cor-
pus, certiorari and injunction, and may grant orders to
stay proceedings, which said writs and orders shall run
and have force in each other's circuits, and such acts,
writs and orders, shall have the same effect, and be obey-
ed in the same manner, as if the said acts, orders and writs
were done, granted and issued by the proper judge of the
circuit.

Sec. 4. The circuit judges in their respective circuits, May order spe-
may at any regular term of the court in any county, make r,a teims"
an order appointing a time for holding a special term of
the court, for hearing and deciding chancery causes, and
shall have power at such special terms, to hear and decide
all causes, matters and things depending in chancery in
such courts, and ail proceedings had, and all orders, de-
crees and judgments made at such special term, shall have
the same validity as if had or made at a regular term ap-
pointed by law. The said judges shall also have power at

168

any regular term of a circuit court in any county, to make
an order appointing a time for holding a special term of
such court, for the trial of civil and criminal causes; and
suits may be instituted, and process made returnable to
such special term in the same manner, and with like effect
as at a regular term of such court; and the county com-
missioners of such county, shall select and cause to be
summoned a grand and petit jury, to attend the special
term appointed for the trial of civil and criminal cases;
and the court shall have power at such special term to try
all civil and criminal causes, and all orders, judgments and
proceedings made and had at such special term, shall be as
valid and effectual, as if made or had at a regular term of
the court.
County com- Sec. 5. The county commissioners' courts of the several
owter°48jW counties m which the circuit courts are allowed to set two
men in counties weeks, are authorized to select forty-eight qualified jury-
vyhere circuit men? to serve as petit jurors during the term of the circuit
w°eeks.SI court, twenty-four of whom shall be selected to serve du-

ring the first week of the court, and summoned to attend
on the first day of the term ; and twenty-four shall be se-
lected to serve during the second week of the term, and
summoned to attend on the second Monday of the term.
Process return- Sec. 6. All process, suits and recognizances, which have
ablV° COU1 1 ^een or may ^e lssue^ or entered into, and made returna-
arranged! ' ble to tne courts, as at present arranged, shall be taken and
considered to be returnable to the terms fixed by this act,
and shall be as valid as if made returnable to the'termjS fix-
ed by this act; and all process issued and tested in the
name of either of the justices of the supreme court, by
the clerk of any circuit court, shall be valid to all intents
and purposes, and shall be obeyed as though the same had
been tested in the name of the circuit judges of such court.
Terms of.civ- Sec. 7. The terms of holding the circuit courts in the
several counties of this State, shall commence at the times
hereinafter specified, and continue to be held from day to
day, Sundays excepted, until the business shall be disposed
of, unless it shall be necessary to close the term, to enable
the judge to attend in the next county to hold court.

In the county of Sangamon, on the second Mondays in
March and July, and the first Mondays in October.

In the county of Morgan, on the fourth Mondays in
March, third Mondays in July and October.

In the county of Calhoun, on the Fridays before the sec-
ond Mondays in April and first Mondays in September.

In the county of Greene, on the second Mondays in April
and first Mondays in September.

In the county of Macoupin, on the third Mondays in
April and second Mondays in September.

c nit courts.

169

In the county of Macon, on the fourth Mondays in April
and third Mondays in September.

In the county of M'Lean, on the Thursdays after the
fourth Mondays in April, and third Mondays in September.

In the county of Tazewell on the first Mondays after the
fourth Mondays in April, and on the fourth Mondays in
September.
. In the the county of Madison, on the second Mondays
in March and August.

In the county of St. Clair, on the fourth Mondays in
March and August.

In the county of Monroe, on the first Mondays in April
and September.

In the county of Randolph, on the second Mondays in
April and September.

In the county of Washington, on the third Mondays in
April and September.

In the county of Clinton, on the fourth Mondays in April
and September.

In the county of Bond, on the first Mondays in May and
October.

In the county of Montgomery, on the second Mondays
in May and October.

In the county of Shelby, on the third Mondays in May
and October.

In the county of Effingham, on the Fridays after the third
Mondays in May and October.

In the county of Fayette, on the fourth Mondays in May
and October.

In the county of Marion, on the second Mondays in
March and September.

In the county of Jefferson, on the Thursdays thereafter.

In the county of Hamilton, on the third Mondays in
March and September.

In the county of Franklin, on the fourth Mondays in
March and September.

In the county of Gallatin, on the first Mondays in April
and October.

In the county of Pope, on the third Mondays in April
and October.

In the county of Johnson, on the fourth Mondays in April
and October.

In the county of Union, on the first Mondays after the
fourth Mondays in April and October.

In the county of Alexander, on the second Mondays in
May and November.

In the county of Jackson, on the third Mondays in May
and November.

170

In the county of Perry, on the fourth Mondays in May
and November.

In the county of Crawford, on the first Mondays in
March and September.

In the county of Lawrence, on the Thursdays thereafter.

In the county of Wabash, on the second Mondays in
March and September.

In the county of Edwards, on me Fridays thereafter.

In the county of White, on the Mondays after the third
Mondays in March and September.

In the county of Wayne, on the fourth Mondays in March
and September.

In the county of Clay, on the Thursdays thereafter.

In the county of Jasper, on the Mondays after the fourth
Mondays of March and September.

In the county of Coles, on the Wednesdays thereafter.

In the county of Champaign, on the second Mondays af-
ter the fourth Mondays in March and September.

In the county of Vermilion, on the Wednesdays thereaf-
ter.

In the county of Edgar, on the Wednesdays thereafter.

In the county of Clark, on the Tuesdays thereafter.

In the county of Pike, on the first Mondays in April and
September.

In the county of Adams, on the second Mondays of April
nnd September.

In the county of Hancock, on the fourth Mondays in
April and September.

In the county of McDonough, on the first Mondays in
May and October.

In the county of Warren, on the second Mondays in May
and October.

In the county of Knox, on the third Mondays in May
and October.

In the county of Fulton, on the fourth Mondays in May
and October.

In the county of Schuyler, on the first Mondays in June
and November.

In the county of Jo Daviess, on the first Mondays in
April, and second Mondays in August.

In the county of Rock Island, on the third Mondays in
April, and fourth Mondays in August.

In the county of Peoria, on the fourth Mondays in April.
and first Mondays in September.

In the county of Putnam, on the first Mondays in May
and second Mondays in September.

In the county of La Salle, on the second Mondays in May
and third Mondays in September.

171

In the county of Iroquois, on the third Mondays in May,
and fourth Mondays in September.

In the county of Cook, on the fourth Mondays in May,
and first Mondays in October.

In the counties of Mercer and Henry, at such times as
shall be appointed by the judge presiding in the sixth cir-
cuit, after such counties shall be organized.

Three terms

Sec. 8. There shall be three terms of the circuit court annually in the
held annually in the counties of Sangamon and Morgan, at county fSan-
the times herein directed. gan.

Sec 9. Whenever any person shall be in the custody of When a person
the sheriff of any county, charged with a capital crime or %£ff*£ a
any felony, or other offence, punishable by confinement in desil.es t0 be
the penitentiary, it shall be the duty of such sheriff, prom- tried.
ded, such person shall desire a trial, to give information
thereof, in writing, to the judge presiding in the circuit, or
in the case of his absence, or disability, to the next nearest
circuit judge to the county where the offence is charged to
have been committed, whose duty it shall be to issue a pre-
cept, under his hand and seal, to the sheriff ot such coun-
ty, to summon twenty-three grand jurors, and twenty-lour
petit jurors, to attend at the seat of justice of said county
on a day therein mentioned, which shall not be less than
fifteen nor more than thirty days from the date ot said pre-
cept; and the twenty-seventh section of an act, regulating
the supreme and circuit courts, approved, January 19th,
1829, be, and the same is hereby repealed.

r i • r~..„^ -ol« Laws now in

Sec. 10. All laws and parts of laws now in force, rela- forae in rela.
tino- to the judges of the supreme court, while performing tion to judges
circuit duties, in conferring jurisdiction upon them, defi-ofsup^
nine their duties, or appertaining to them in any way, shall onjudge8of
(so for as the same may be applicable,) be taken and Caft- circuit court
strued to be of full force, and binding to all intents and
purposes, upon the circuit judges elected by virtue of a
(aw, entitled "An act to establish an uniform mode ot hold-
ing circuit courts," approved, January 7, 1835.

Sfc 1 1 All writs, subpoenas or other process which may ah proceedings

DEC. li. mi vviiw)^ f x . oittincr now pending to

have issued from any circuit court since the last sitting fae ^^
thereof, or which may hereafter issue, previous to this act if no altera-
being received, in the respective counties, shalT be deemed t™ had taken
and taken, and are hereby made returnable on the first day I***
of the next term of the several circuit courts, to be ho den
by virtue of this act; and all proceedings, either <ajl or
criminal, which are now pending, shall be taken up and d«-
posed of according to law, in the same mannei as it no al-
Son had been made in the time of holding such courts.
Sec 12. The several clerks of the circuit courts, ap- Clerks.

172

pointed or to be appointed under the "Act to establish a
uniform mode of holding circuit courts," approved, Janu-
ary 7, 1835, shall give bond, be qualified and exercise the
duties of their office, as specified in the act regulating the
supreme and circuit courts, approved, January 19, 1829.
Act repealed. The third section of the act regulating the terms of hold-
ing the circuit courts of this State, approved, March 2,
1 833, foe, and the same is hereby repealed.

Approved, Feb. 13, 1835.

In force Feb. AN ACT to amend an act, entitled "An act to Incorporate
12, 1835. tfle Sl Qiair Turnpike Road Company," approved, Fe-

bruary 15, 1833.

t^Xted^ aCt Sec* U Be lt cnacted b,J the PeoPle °f the State °f Illinois,
represented in the General Assembly, That so much of the
act to incorporate the St. Clair Turnpike Road Company,
approved, February 15, 1833, to which this is an amend-
ment, as requires the corporation to commence their op-
erations within two years after the passage of said act, and
complete the same within four years, be, and the same is
hereby repealed.

Approved, Feb. 12, 1835.

}\\ /?!le-Feb> ^N ^.CT to amend an act to Incorporate the Town of Alton.

Id, 1»JJ. X -

Boundariea of Sec. 1. Be it enacted by the people of th& State of Illinois,
defied?01™1011 rePresenicd in the General Assembly, That from and after the
passage of this act, the middle of the main channel of the
Mississippi river shall be the southern boundary line of the
corporation of the town of Alton from the western to the
eastern extremity of said town. The said town shall and
may be laid oil' into as many wards, and in such manner,
as the trusteed of said town shall, from time to time, by or-
dinance'direct.
Truster, to Sec. 2. Whenever the county commissioners' court of

oftaxaUon MadlS0» county shall, by an order to be entered on their
when reiin- records, agree to relinquish the revenue arising from li-
jSSydcw-t Censes t0 lerries5 taverns, auctioneers, merchants and gro-
cers, theatrical and other shows within the corporation of
said town, then the trustees shall have the exclusive right.

173

under the regulations now established by law, and the mo-
ney arising from licenses shall be paid into the town trea-
sury as other taxes now are: Provided, That if such or- Proviso.
der of said court shall be made, the trustees of said town
of Alton, shall take charge of all the paupers of said town
so as to free the county from any charge on account of any
paupers of said town.

Sec. 3. The trustees of said town of Alton shall have Shall have
full power to receive donations of lots or lands for any i»«'el' t0 l*e-
public buildings or other public works, and to receive in j^J &"'
the name of the corporation, from individuals or compa-
nies, deeds of trust for lots or lands situate in the bounds Deeds of trust
of said corporation, or within one mile thereof, whenever
the said trustees shall deem it for the interest of the said
town to accept such deeds of trust, and when so received
or accepted, they, and their successors, shall perform the
terms of all such deeds in perpetuity.

Sec. 4. This act to take effect and be in force as soon as When this act
the provisions thereof shall have been accepted by the in- t0 tllke effect-
habitants of said town, in the manner provided by the act
to which this is an amendment, for the acceptance of said
act, and not before: Provided, That the election for that
purpose shall be held on the first Monday in April next.

Approved, Feb. 13, 1835.

AN ACT to amend "An act to Incorporate the Wabash i„ force Feb.
Navigation Company" approved, January 13, 1825. 12, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Directors here-
represented in the General Assembly, That the directors of t°i'ljce appoint-
the Wabash Navigation Company, appointed at the last ses- ^ntmued '''
sion of the General Assembly of the State of Illinois, are
hereby constituted and appointed directors thereof, to hold
their offices for five years next ensuing, and until their suc-
cessors in office are duly elected and qualified.

Sec. 2. That nothing in this act contained, or the act to What 0[tl()l,
which this is an amendment, shall be so construed as to of said rivet to
authorize said company to alter, change or improve by ca- ,e improved,
nal, fore-bay, race, lock, dam or otherwise, any other por-
tion of the Wabash river, than that situate between Mount
Carmel and the head of the Little Rock rapid; and the said
company be, and they are hereby authorized to take out,
either through a race, canal or fore-bay, within the limits
above prescribed, a sufficient quantity of water to propel
any mills or machinery that they may think proper to erect

174

or establish at or near said race or canal: Provided, al-
ways, That the quantity of water so taken out of the river,
or applied to the purposes aforesaid, shall not prejudice the
navigation of said river.
Shall purchase Sec. 3. That said company shall not enter upon the land
any land by 0f private individuals for the purpose of cutting a canal, or
upon entered otherwise improving the navigation of the Wabash river,
except in pursuance of the limits and restrictions of the
act to incorporate the Wabash Navigation Company, ap-
proved, January 13, 1825, and when the value of any land
shall be assessed as prescribed in said act, and the amount
paid to the owner thereof, it shall be lawful for said com-
pany to construct or excavate a canal, or any other of the
aforesaid improvements, in, through, or upon said lands,
and the said company is hereby empowered to supply any
improvement aforesaid, with water from said river, by con-
structing a feeder or such other means as may be neces-
sary.
When togo in- Sec. 4. The benefits of this act, and the act to which this
to operation. -g &n amenciment, are extended to the directors of said com-
pany, and all persons who may hereafter unite together for
the purposes contemplated in said act, and shall go into op-
eration so soon as there shall be fifty shares subscribed for,
of twenty-five dollars each : Provided, also, That said com-
pany shall not be entitled to the benefits of this act, unless
they shall commence the improvement within four years
Acts repealed, from and after the first day of June next All acts and
parts of acts inconsistent with, or repugnant to the provi-
sions of this act, be, and the same are hereby repealed.

Approved, Feb. 12, 1835.

In force Feb. ^jy ACT for the Incorporation of Fire Companies.

12, 1835.

Fire companies ^ec. 1. Be it enacted by the people of the State of Illinois,
may \m fanned, represented in the General Assembly, That hereafter it shall
be lawful for any number of persons, resident within any
town or corporation within this State, exceeding forty per-
sons, to form themselves into a company or companies, for
the purpose of extinguishing fire, who, on having their
Authorized to names and subscriptions recorded in the Recorder's office
make by-laws. jn tjie pr0per county, are hereby authorized to make such
rules and regulations as to a majority of said company or
companies may seem proper and necessary for the procu-
ring of engines, buckets, hooks, ladders, and all implements
necessary for working said engines and exercising the com-

175

panies: Provided, no by-law shall be contrary to the laws Proviso.
of this State.

Sec. 2. So soon as such persons shall have had their Declared bo-
names and subscriptions recorded as aforesaid, they and dies Politic and
their successors shall be, in law and in fact, a body cor- coipotate-
porate and politic, to have continuance forever, by the
name and style of "The Fire Company;" and by such Style.
corporate name and style, shall be forever able and capable,
in law and in equity, to sue and be sued, implead and be
impleaded, answer and be answered, defend and be defen-
ded, in all manner of suits, actions, plaints, pleas, causes,
matters, and demands of whatever kind and nature they
may be, in as full and effectual a manner, as any person or
persons, bodies corporate and politic may or can do.

Sec. 3. All fines and forfeitures, for non-attendance or Fines and for-
delinquency imposed by the by-laws and regulations to be ^vered °w 'e~
adopted by the companies provided for by this act, not ex-
ceeding twenty dollars, shall be recoverable by action of
debt, before any justice of the peace of the proper county,
by the said company, in their corporate capacity, which
said fines and forfeitures, shall be for the use of the com-
pany suing for the same.

Sec. 4. All persons who shall form themselves into fire Exempted from
companies, as is provided in the first section of this act, milltia duty-
shall be exempt from militia duty during the time they be-
long to such company; and all persons who shall have
served twelve years in succession in any such fire com-
pany, shall, forever after, be exempt from doing militia du-
ty in this State, except in time of war.

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

Approved, Feb. 12, 1835.

AN ACT further defining the Powers and Duties of Trus- In force jan
tees of Incorporated Toivns. 31, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, p,.esjdent and
represented in the General Assembly -, That the president and trustees may
trustees of towns which have or may become, incorporated, aPPoint town

... . . J f \ ■ i j a constable.

in conformity with the provisions ol the act entitled "An
act to incorporate the inhabitants of such towns as may
wish to be incorporated," approved, 12th of February,
1831, are hereby vested with power to appoint a town
constable, and authorize him to execute all writs, process jjis duty.
and precepts which may be issued against persons for the

176

violation of the laws of the corporation, and to arrest, on
view, all persons who may violate such laws, and to collect
all fines, forfeitures, and penalties which may be assessed
or recovered for the use of the corporation, and to require
shall give bond and security of. said constable in such sum as they
bond. inay think proper. The said president and trustees are

Further powers also vested with power to declare what shall be consider-
vested in presi- e(j a nuisance within the limits of the corporation, and to
tees# ' r provide for the abatement or removal thereof; also, to re-
gulate the speed which horses and other animals may be
rode or driven within the limits of the corporation; to pro-
vide, for the trial and punishment of persons who may be
engaged in assaults, assaults and batteries, and affrays with-
Pimishment of in the limits of the corporation, and to provide that such
offenders. punishment may be inflicted for any offence against the
laws of the corporation, as is or may be provided by law
Proviso. for like offences against the laws of the State: Provided,

That no person shall be deprived of the right of trial by
jury in any case, when such person would be entitled to a
trial by a jury for a like offence against the law of the
State.
Punishment by Sec. 2. The president and trustees as aforesaid, are fur-
impvisonment. ^er authorized to provide for the punishment of offenders
by imprisonment in the county jails, in all cases where
such offenders shall fail or refuse to pay fines which may
be assessed, or for forfeitures or penalties which may be
recovered: Provided, That no person shall be imprisoned
under the provisions of this section, for a longer period
than twelve hours for every five dollars of any fine asses-
sed, or forfeiture or penalty recovered.
Powers confer- Sec. 3. The said president and trustees are also authori-
red in trustees, zed to adopt such laws for the security of wagons and other
cariages which may be used within the limits of the corpo-
ration, and for the protection of the inhabitants against in-
jury by reason of horses or other animals fastened to such
wagons or carriages running with the same, as they may
deem necessary; also, to provide for the punishment of per-
sons who may at any time, disturb the peace of the inhabi-
tants of the town, or the deliberations or proceedings of
any public meeting of such inhabitants.
To regulate Sec. 4. The said president and trustees shall also have

feep, «fee. power to regulate the fees and compensation of all officers
of the corporation.

This act shall take effect from and after its passage.

Approved, Jan. 31, 1835.

177

AN ACT to Incorporate the. Colleges therein named. i„ f01ce Feb.

19, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Alton college
represented in the General Assembly, That Hubbefl Loomis, °f Illinois in-
Benjamin F. Edwards, Stephen Griggs, George Smith, corporatcd"
Enoch Long, Cyrus Edwards, and William Manning, and
their successors, be, and they are hereby created a body
politic and corporate, to be styled and known by the name
of "The Trustees of the Alton College of Illinois," and by
that style and name to remain and have perpetual succes-
sion. The said college shall remain located at or near Up-
per Alton, in the county of Madison. The number of trus- Number of
tees shall not exceed fifteen, exclusive of the president, trustees,
principal, or presiding officer of the college, who shall, ex-
officio, be a member of the board of trustees; no other in-
structor shall be a member of the board of trustees. For
the present, the above named individuals shall constitute
the board of trustees, who shall fill the remaining vacan-
cies at their discretion.

Sec. 2. That Samuel D. Lockwood, William C. Posey, nji1M,is college.
John P. Wilkinson, Theron Baldwin, John F. Brooks, Eli- incorporated,
sha Jenny, William Kirby, Asa Turner, John G. Bergen,
John Tillson, jr., and Gideon Blackburn, and their succes-
sors, be, and they are hereby created a body corporate and
politic, by the name of "The Trustees of Illinois College,"
and by that style and name to remain and have perpetual
succession; the college shall remain permanently located
in Morgan county; the number of trustees shall not ex- Number of
ceed fifteen, exclusive of the president, principal, or presi- trustees,
ding officer of the college, who shall, ex-officio, be a mem-
ber of the board of trustees; no other instructor shall be a
member of the board of trustees. For the present, the
aforesaid individuals shall constitute the board of trustees,
who shall fill the remaining vacancies at their discretion.

Sec. 3. That John Dew, Samuel H. Thompson, James M'Kend*eean
Riggin, Nicholas Horner, George Lowe, Robert Moore, college incor-
Theophilus M. Nichols, Joshua Barnes, Samuel Stites, Da- P0,ated-
vid L. West, Nathan Horner, Joseph Faulks, Thornton
Peoples, John S. Barger, Nathaniel M. M'Curdy, Anthony
W. Casad, and Benjamin Hypes, and their successors, be,
and they are hereby created a body politic and corporate,
to be styled and known by the name of "The Trustees of
the M'Kendreean College," and by that style and name to
remain and have perpetual succession; the said college
shall remain located at or near Lebanon in the county of
St. Clair; the number of trustees shall not exceed eighteen, Number of
exclusive of the president, principal, or presiding officer of trustees,
the college, who shall, ex-officio, be a member of the board
of trustees; no other instructor shall be a member of the

178

board of trustees. For the present, the aforesaid individu-
als shall constitute the board of trustees, who shall fill the
remaining vacancies at their discretion.
Jonesborough Sec. 4. That B. W. Brooks, Augustus Rixleben, Win-
coiiege incoi- stead Davie, John S. Hacker, Daniel Spencer, Willis Wil-
pormed. |an^ j0|in ^,y# M'Guire, Thomas Sams, James P. Edwards,

John Baltzell, William C. Whitlock, and Isaac Bizzle, and
their successors, be, and they are hereby created a body
politic and corporate, to be styled and known by the name
of "The Trustees of the Jonesborough College," and by
that style and name to remain and have perpetual succes-
sion-, the said college shall remain located at or near Jones-
Numbar of borough, in the county of Union. The number of trustees
trustees sjm]i not excee(j fifteen, exclusive of the president, prin-

cipal, or presiding officer of the college, who shall, ex-offi-
cio, be a member of the board of trustees; no other in-
structor shall be a member of the board of trustees. For
the present, the aforesaid individuals shall constitute the
board of trustees, who shall fill the remaining vacancies at
their discretion.
Objects of the Sec. 5. The object of said corporations shall be the pro-
foregoing inror- motjon 0f tjie general interests of education, and to qualify
poution.s. young men to engage in the several employments and pro-
fessions of society, and to discharge honorably and useful-
ly the various duties of life.

Sec. 6. The corporate powers hereby bestowed, shall be
porutHioweTs" sucn only as are essential or useful in the attainment of said
object, and such as are usually conferred on similar bodies
corporate, viz: To have perpetual succession, to make con-
tracts, to sue and be sued, implead and be impleaded, to
grant and receive by its corporate name, and to do all other
acts as natural persons may; to accept, acquire, purchase or
sell property, real, personal and mixed, in all lawful ways;
to use, employ, manage, and dispose of all such property,
and all money belonging to said corporation, in such man-
ner as shall seem to the trustees best adapted to promote
the objects aforementioned ; to have a common seal, and to
alter or change the same; to make such by-laws for its re-
gulation as are not inconsistent with the constitution and
laws of the United States or of this State, and to confer
on such persons as may be considered worthy, such aca-
demical or honorary degrees as are usually conferred by
similar institutions.
n ,. , Sec. 7. The trustees of the respective corporations shall

Uuties and . . . .J ~..

powers of tins- have authority, from time to time, to prescribe and regu-
tees- late the course of studies to be pursued in said colleges,

and in the preparatory departments attached thereto; to
fix the rate of tuition, room rent and other college expen-
ses, to appoint instructors and such other officers and

179

agents as may be needed in managing the concerns oi the
institution, to define their powers, duties and employments,
to fix their compensation, to displace and remove either of
the instructors, officers or agents, as said trustees shall
deem the interest of the said colleges shall require, to fill
all vacancies among said instructors, officers and agents,
to erect necessary buildings, to purchase books and chemi-
cal and philosophical apparatus, and other suitable means
of instruction, to put in operation a system of manual la-
bor, for the purpose of lessening the expense of education
and promoting the health of the students; to make rules
for the general management of the affairs of the college,
and for the regulation of the conduct of the students, and
to add, as the ability of the said corporation shall increase
and the interest of the community shall require, additional
departments for the study of any or all of the liberal pro-
fessions: Provided, however, That nothing herein contain-
ed shall authorize the establishment of a theological depart-
ment in either of said colleges.

Sec. 8. If any trustee shall be chosen president of the Trustee being
college, his former place as trustee shall be considered as ^"J^;
vacant, and his place filled by the remaining trustees. The 0ffice vacated,
trustees, for the time being, shall have power to remove
any trustee from his office of trustee for any dishonorable
or criminal conduct: Provided, That no such removal
shall take place without giving to such trustee notice of
the charges exhibited against him, and an opportunity to
defend himself before the board, nor unless that two-thirds
of the whole number of trustees, for the time being, shall
concur in such removal. The trustees, for the time being,
in order to have perpetual succession, shall have power, as
often as a trustee shall be removed from office, die, resign
or remove out of the State, to appoint a resident of this
State to fill the vacancy in the board of trustees occasion-
ed by'such removal from office, death, resignation or re-
moval from the State. A majority of the trustees, for the
time being, shall be a quorum to do business.

Sec. 9. The trustees shall faithfully apply all funds by College funds
them collected, or hereafter collected, according to their b<™ applied,
best judgment, in erecting suitable buildings, in supporting
the necessary instructors, officers and agents, in procuring
books, maps, charts, globes, philosophical, chemical and
other apparatus, necessary to aid in the promotion of sound
learning in their respective institutions: Provided, That
in case any donation, devise or bequest shall be made for
particular purposes, accordant with the objects of the in-
stitution, and the trustees shall accept the same, every such
donation, devise or bequest, shall be applied in conformity
with the express condition of the donor or devisor: Pro-

Open to all de-

180

vided, also, That lands donated or devised as aforesaid,
shall be sold or disposed of as required by the twelfth sec-
tion of this act.

Sec. 10. The treasurers of said colleges always, and all
other agents, when required by the trustees, before enter-
ing upon the duties of their appointments, shall give bonds
for the security of the corporation, in such penal sum and
with such secureties as the board of trustees shall approve;
and all process against the said corporation, shall be by
summons, and service of the- same shall be by leaving an
attested copy with the treasurer of the college, at least
thirty days before the return day thereof.

Sec. 11. The said colleges and their preparatory depart-

ehristians.

Amount of real
estate.

nominations ofments, shall be open to all denominations of christians, and
the profession of any particular religious faith, shall not be
required of those who become students; all persons, how-
ever, may be suspended or expelled from said institutions
whose habits are idle or vicious, or whose moral character
is bad.

Sec. 12. The lands, tenements and hereditaments, to be
held in perpetuity, in virtue of this act, by either of said
corporations, shall not exceed six hundred and forty acres:
Provided, however, That if donations, grants, or devises in
land shall, from time to time, be made to either of said cor-
porations over and above said six hundred and forty acres,
which may be held in perpetuity as aforesaid, the same
may be received and held by such corporation for the pe-
riod of three years from the date of every such donation,
grant or devise ; at the end of which time, if the said lands
over and above the said six hundred and forty acres, shall
not have been sold by the said corporation, then, and in
that case, the said lands so donated, granted or devised,
shall revert to the donor, grantor, or the heirs of the devi-
sor of the same.

Approved, Feb. 9, 1835.

l" f<l835Fcb" ^^ AC* U> amcnd an act'> eniitlcd "An act to Incorporate
the Rushville and Beardstown Turnpike Road Company:'

Company*

Company may
alter route of
said road.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the said company
be authorized to construct such road or roads as are men-
tioned in said act, upon the most convenient route from
Rushville to the Illinois river, at or near the town called
Lagrange, and for thai purpose the said company are

181

invested with all powers, privileges and immunities confer-
red by the said act, and that the time for completing such
road, be five years from the passage of this act: Provided,
however, That nothing herein contained shall deprive the
said company from constructing the road contemplated
by said act from Rushville to Beardstown.

Approved, Feb. 12, 1835.

AN ACT supplemental to cm act to Incorporate such per- *" (°*ce LJa°-
sons as may associate for the purposes of procuring and '
erecting Public Libraries in this State, approved, January
31, 1833.

Sec. 1. Be it enacted by the people of the State of Illinois, Debating socie-
represented in the General Assembly, That from and after the ties m.ay be"
passage of this act, it shall be lawful for any number ofji°™j mcmi)0"
persons, not less than ten, in any part of this State, who
shall associate themselves together, and form a constitution
and by-laws for the regulation of such society, for the pur-
pose of debating or other literary pursuits, to apply, and
obtain from under the seal of the county commissioners'
court of the proper county, a certificate of incorporation,
agreeable to the provisions of the second section of the act
to which this is a supplement, and when so incorporated,
they and their successors shall have all the rights and privi-
leges of any incorporation formed under the provisions oi
the above recited act.

Sec. 2. All and every debating or literary society, form- May form their
ed and incorporated under the provisions of this act, shall, ^ns andby1-
and may form their own constitution and by-laws, and may laws,
regulate their own mode of proceedings, without appoint-
ing trustees or any other officers, than such as they may
think proper; but none of the by-laws formed by any such
society, shall be contrary to any law of this State, or ol
the United States.

Approved, Jan. 31, 1835.

AN ACT to Incorporate the Peoria Bridge Company. in tone Feb.

10, 1835.

Sec. 1. Be it enacted by the people of the State of Illinois, Company in-
represented in the General Assembly, That all such persons C01'P01'at9d-

182

Capital stock.

Commissioners

as shall become subscribers to the stock hereinafter men-
tioned, shall be, and they are hereby constituted and de-
clared a body corporate and politic, by the name and style
of "The Peoria Bridge Company," from and after the pas-
sage of this act, and by that name, they, and their succes-
sors, shall, and may hereafter have succession, and shall, in
law, be capable of suing and being sued, pleading and be-
ing impleaded, answer and being answered, in all courts
and places whatsoever; and they and their successors, may
have a common seal, and may alter and change the same
at pleasure; and also, they and their successors, by that
name and style, shall be, in law, capable of purchasing,
holding and conveying any estate, real and personal, for
the use of said corporation; but the said real estate to be
holden, shall be such only as shall be necessary to promote
or attain the object of the corporation.
Sec. 2. That the capital stock of said company, shall be fifty
thousand dollars, divided into one thousand shares of fifty
dollars each; and Francis Voris, Andrew M. Hunt, Jacob
Chrisman, Aquilla Wren, Andrew Gray, Lewis Bigelow,
Rodolphus Rouse, Anson N. Deming, William S. Mans,
to open books and Charles G. Thomas, are hereby appointed commission-
forsubscrip- ers to receive subscriptions for the said stock, and such
subscriptions shall be opened at such time and place as the
commissioners, or a majority of them, shall appoint, by no-
tice to be published in the Peoria Champion, a newspa-
per printed in Peoria, thirty days before the time appoint-
ed. If the requisite number of shares shall not be subscri-
bed for at the time and place appointed for such subscrip-
tion, said commissioners, or a majority of them, shall take
such measures for completing such subscription, as they
may deem expedient and proper. Every subscriber shall,
at the time of subscribing, pay to said commissioners the
sum of one dollar for each share subscribed.

Sec. 3. As soon as five hundred shares shall be subscri-
bed, the said commissioners shall give notice thereof, in
manner aforesaid, and appoint the time and place in such
notice for such subscribers to meet for the purpose of
choosing a treasurer, clerk, and seven directors. Every
stockholder shall be entitled, at such and all other elections,
to one vote for each share to the number of ten, and one
vote for every five additional shares; which votes may be
given in person or by proxy. At the election to be held
as aforesaid, the said commissioners, or such of them as may
attend, shall be inspectors, and their certificate of the names
of the persons elected, shall be conclusive evidence of
such election. The first Monday in the month in which
such election shall be held, shall be the anniversary day of
all subsequent elections of such officer*. A majority of

Treasurer,

rectors, &.(
be elected.

the
lion.

183

the directors so chosen, shall be a quorum, and shall be ca-
pable of transacting the business of the corporation; and
any act of the majority of said directors, shall be binding
on said corporation. The said directors, when elected as
aforesaid, shall immediately proceed to the choice of one
of their number for president, and the said president and
directors may meet from time to time, and shall have pow-
er to make such by-laws, rules and regulations as shall be
deemed expedient and proper for the well ordering of the
affairs of the said corporation: Provided, the same be not
repugnant to the constitution and laws of this State and of
the United States.

Sec. 4. The said corporation are hereby authorized and Objects ami
empowered to erect a bridge over the Illinois river at or powers of
near the out-let of Lake Peoria, which shall be construe- inr01I1°"
ted with a convenient draw at least thirty feet wide, for
the passage of steam boats and other vessels; and shall
keep good and sufficient lights on each side of said draw at
all proper times, and shall also keep some suitable person
or persons at the said bridge, who shall raise said draw-
when it may be necessary for the passage of any steam
boat, or other vessel, passing up or down said river, free
from expense to the owners thereof.

Sec. 5. The said president and directors, or other per- May enter up-
sons employed by them, may enter upon and take posses- on certain
sion of the land on each side of the river, when such bridge ant '
shall be erected; and the said corporation, on taking pos-
session of such land, and on receiving a conveyance thereof,
shall pay the value of so much of the same as may be ne-
cessary for making and erecting said bridge, and establishing
a gate, toll house, and other works necessary for said bridge;
and in case of a disagreement between the parties as to
such value, the same shall and may be ascertained by three
disinterested freeholders of the county where such lands
lie, who shall be appointed for that purpose by the county
commissioners' court of the same county, on the applica-
tion of either party, and shall be sworn to make a just
valuation thereof.

Sec. 6. As soon as the said bridge shall be completed, it Rates of toil,
shall and may be lawful for the said corporation to erect a
gate at the end of said bridge, and to demand and receive
the same rates of toll for passing the same, as are now esta-
blished and received for ferriage in low water at the same
place.

Sec. 7. If any person or persons shall wilfully or mali- Persons injur-
ciously do or cause to be done, any act whatsoever, whereby ins said bridge.
the said bridge or any thing appertaining to the same, shall
be impaired, injured or destroyed, the said person or per-
sons so offending, shall forfeit and pay to the said corpora-

184

tion treble the amount of damages occasioned thereby, to
be recovered by the said corporation with costs of suit, in
an action of trespass, in any court having competent juris-
diction thereof,
i lorporation to Sec. 8. It shall be the duty of said corporation to affix
post up rates of qj. p0St up, in a conspicuous place, over the said gate, a
U,1L sign-board, with the rates of toll written thereon, in large

letters.
Penalty for Sec. 9* If any toll-gatherer shall unreasonably delay or

.barging too hinder any traveler from passing said bridge, or shall de-
much toil. mand or receive more toll than is by this act established,
he shall for every such offence, forfeit and pay a sum not
exceeding ten dollars, with costs of suit, to be sued for and
recovered before any justice of the peace of the county
where such offence shall be committed, for the use of the
person or persons so unlawfully delayed, hindered or de-
frauded.
Penalty for fast Sec. 10. It shall not be lawful for any person or persons
riding over said to ride or drive over said bridge faster than on a walk, nor
bridge. shall it be lawful to drive more than twenty head of cattle

on the said bridge at any one time, on penalty of forfeiting
for every such offence, the sum of one dollar.
President and Sec. 11. All officers chosen at the annual election afore-
directors may said, shall hold their offices until the next annual election,
..ail meetings. or mi\\ others are elected in their stead, and the president
and directors, or a majority of them, shall have power to
call a meeting of the corporation whenever they may deem
it necessary, by publishing a notice of the time and place
for holding the same, thirty days previous to the time of
said meeting.
Stock and per- Sec. 1 2. Shares in said corporation shall be considered
sonai property. as personal property, and transferable as such.

Sec. 1 3. That as soon as the said bridge shall be complet-
fv the proprie- ed anc^ rendered, passable, the said corporation shall pay to
tors of the ferry the proprietors of the ferry now established across the II-
at that place. iinojs river at that place, a reasonable compensation or in-
demnity for the loss or injury occasioned the said proprie-
tors by the erection of the said bridge, taking into consid-
eration all the advantages the said proprietors shall derive
from the said bridge, over and above the advantages which
other citizens of Peoria shall derive from the same source;
and if the parties shall be unable to agree as to the amount
of such compensation or indemnity, the same may be sub-
mitted to three arbitrators, to be mutually chosen and
agreed upon by the parties, whose award shall be final; or
in case the parties should not agree upon the compensation
to be paid to the proprietors of the ferry, nor upon arbi-
trators to determine the same, the supreme court, upon the
application of either party, shall have power to make such

185

award in the premises, and render such judgment or de-
cree, as shall be suited to the justice and equity of the case.

Sec. 14. If the said bridge shall not be erected, built and When to be
completed within four years after the passage of this act, coraPleted>
the said corporation shall be dissolved.

Approved, Feb. 10, 1835.

ACT supplementary to the act Incorporating the Jack- In force Feb.
sonville and Meredocia Rail Road Company. 13' 1835-

Sec. 1. Be it enacted by the people of the State of Illinois, Company may
represented in the General Assembly, That for the purpose of ^reS^ate*
facilitating the taking the stock of the "Jacksonville and for subscription
Meredocia Rail Road Company," it shall be lawful for any to capital stock.
person who is the rightful owner of any tract or tracts of
unincumbered land, in Morgan county, in this State, to
mortgage to the president and directors of said company,
forty acres of land, as aforesaid, for every share of fifty
dollars which he may have subscribed to the stock of said
company; which mortgage shall bind the land, so mortga-
ged, for the payment of the principal and interest of the
stock by him subscribed: Provided, That the interest shall Proviso.
not exceed the rate of six per cent, per annum, and that
the time and place of the payment of the principal and in-
terest, shall be stipulated in said mortgage ; and, in no event,
shall the lands, so mortgaged, be liable for a greater sum
than the principal and interest of the stock for which it
may have been originally pledged.

Sec. 2. It shall be lawful for said company to effect a May take
loan or loans, of a sum of money sufficient to pay the stock loans.
so subscribed, and execute, as a security therefor, a mort-
gage or mortgages, on all or any part of the lands which may
have been mortgaged to said president and directors, for
the security of any stock subscribed as aforesaid; which
mortgage shall be good and valid, to all intents and purpo-
ses, for the payment of any sum so borrowed by said com-
pany: Provided, That said mortgage shall not bind any
tract of land beyond the amount of the principal and in-
terest of the stock for which it may have been mortgaged
to said company. The directors of said company may May loan out
loan out, at any rate of interest authorized by the laws of money.
this State, any sum of money which they may have in their
hands, belonging to said company, either to a bank or to
individuals, on such terms and conditions as they may deem
best calculated to promote the interest of said stockholders.

186

Shall keep sep.
aiate account
with each
stockholder.

May hoi-row
money on a
pledge of the
work.

►Sec. 3. The directors of said company shall cause an ac-
count to be kept with each stockholder who has mortgaged
land to said company as aforesaid; and it shall be their du-
ty, after retaining a sum sufficient to pay the interest which
may be due on the money borrowed, to pay over to them,
every six months, any excess which may have been col-
lected from tolls, or may be due and paid for interest on
the money loaned by said company; and in the event of
the tolls and profits of said road failing to pay the interest
which may accrue upon the sum so borrowed by the com-
pany, together with an equal amount to other stockholders,
then they shall be bound to pay to said directors of said
company, after twenty days notice, the amount of interest
which may be found deficient, not exceeding the rate of six
per cent, per annum; and if they shall fail, for the period
of six months after such notice, to pay said interest, the
directors may order said stock, by them subscribed, to-
gether with all payments by them made, to be forfeited to
the company.

Sec. 4. It shall be lawful for the directors of said com-
pany, at any time after the sum of fifty thousand dollars
shall have been expended in the erecting of said road, to
negotiate a loan or loans, on a pledge of the rail road or
trackway aforesaid, and the tolls and profits arising there-
from, to aid and assist in the completion of said work.

Approved, Feb. 13, 1835.

In force Feb.
7, 1835.

Company ir
corporate el.

Extent and na-
ture of the in-
corporation.

AN ACT to Incorporate the Alton Marine and Fire Insu-
rance Company.

Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Benjamin God-
frey, Calvin Riley, J. A. Townsend, Winthrop S. Gilman,
Simeon Ryder, Jonathan T. Hudson, Mark Pierson, Isaac
Negus, Nathaniel Buckmaster, Stephen Griggs, A. C. Han-
kinson, Hezekiah Hawley, Sherman W. Robbins, Isaac I.
Foster, and their associates, successors and assigns, be, and
they are hereby incorporated into a body corporate and
politic, by the name and style of "The Alton Marine and
Fire Insurance Company," to have continuance for and
during the term of twenty years from and after the passage
ol this act, and by such corporate name and style, shall be,
for the term aforesaid, able and capable, in law and in equi-
ty, to sue and be sued, plead and be impleaded, answer and
be answered unto, defend and be defended, in all manner of

187

suits, actions, pleas, plaints, causes, matters and demands,
of whatever kind and nature they may be, in as full and
effectual a manner as any person or persons, bodies corpo-
rate and politic may or can do; and may have a common
seal, which they may alter or revoke at pleasure, and may
purchase, hold, and convey any estate, real or personal, for
the use of said company: Provided, That said corpora-
tion shall not, at any one time, hold real estate exceeding
the value of five thousand dollars, excepting such as may
be taken for debt, or held as collateral security for money
due to said company.

Sec. 2. The capital stock of said company, exclusive of Capital stock.
premiums, notes, and profits arising from business, shall be
twenty-five thousand dollars, and shall be divided into
shares of fifty dollars each; fifty per centum of which
shall be paid in money within six months after the first meet-
ing of said company, and the residue in money, to be paid,
twenty-five per centum thereof in twelve months, and
twenty-five per centum in eighteen months from and after
said first meeting, under such penalties as the president and
directors may, in their discretion, order and. appoint.

Sec. 3. The said capital stock may hereafter be increas- May be iucrea-
ed to an amount not exceeding two hundred thousand dol- sed.
lars, should a majority of the stockholders deem it advisa-
ble, and the additional stock be subscribed, and fifty per
centum thereof paid in, within twelve months after the
said company shall have commenced operations. The said Deemed per.
stock shall be deemed personal property, and assignable sonai property.
and transferable, on the books of the corporation; but no
stockholder, indebted to the corporation, shall be permitted
to make a transfer until such debt be paid, or secured to
the satisfaction of the directors.

Sec. 4. Jonathan T. Hudson, Nathaniel Buckmaster, Commissioners
Calvin Riley, Winthrop S. Oilman, J. A Townsend S. C. %%*£*
Pierce, Isaac I. Foster, and Stephen Griggs, are hereby
appointed commissioners for procuring subscriptions _ to
said capital stock; and said commissioners, or a majority
of them, shall open one or more subscription books for said
stock, on such days, and at such places, as they shall deem
expedient, and shall give at least thirty days public notice
of such times and places, in one or more of the public
newspapers published at each of said places; the said sub-
scription books shall be kept open until the whole of the
stock shall have been taken, and the sum of one dollar on
each share subscribed for, shall be paid to the said commis-
sioners at the time of making such subscription; and as
soon as said stock shall be subscribed, or sooner, if required
by the board of directors, the said commissioners shall de-
liver over to said board of directors, said subscription

/ 188

books, and shall pay over to said board the whole amount
of money severally received by them: Provided, always,
That said board of directors may, at any time that they
may desire to do so, appoint other persons as commission-
ers to obtain subscriptions, to act in conjunction with the
commissioners hereby appointed.
Directors may Sec. 5. It shall be lawful for the president and directors
roOTtTof^tock. to re(lun"e payment of the sums subscribed to the capital
' ' stock, at such times, on such conditions, and in such pro-
portions as they shall deem fit, under such forfeitures as
they shall prescribe, and they shall give notice of the pay-
ments thus required, and of the time and place, when and
were the same are to be made, at least ninety days previ-
ous to the time specified for such payments, in some news-
paper published in this State, and in each of the places
where the books of the company may have been opened
for subscription to the capital stock.
Objects and Sec. 6. The said company shall have power and authori-

powers ?f the ty to make insurance against fire, flood, or other destruc-
tive element, on vessels, freight, money, goods and effects,
and on any dwelling houses, or other buildings, merchan-
dize, or other property, within the United States, on such
terms and conditions as may be agreed upon by the par-
ties, and to fix the premiums and terms of payment, and
all policies of insurance by them made, shall be subscribed
by the president, or in case of his death, sickness, inability
or absence, by any two of the directors, and countersign-
ed and sealed by the secretary of said company, and shall
be binding and obligatory upon said company; and any
losses duly arising under any policy so subscribed and seal-
ed, may be adjusted and settled by the president and board
of directors, and the same shall be binding on said com-
pany.
Directors to be Sec. 7. The stock, property, affairs and concerns of said
elected. company, shall be managed and conducted by nine direc-

tors, one of whom shall be president thereof, and who shall
hold their offices for one year, and until others are chosen,
and no longer; and who shall, at the time of their election,
be citizens of this State, and holders, respectively, of not
less than ten shares of the capital stock of said company.
All elections for directors for said company, shall be held
Elections when on the first Monday of August of each and every year, at
held- such time of the day, and in such place in Lower Alton,

as a majority of the directors, for the time being, shall ap-
point; of which election, public notice shall be given by
publication, for at least ten days, in the newspaper print-
ed in or nearest to the said town of Alton, and said elec-
tion shall be made by ballot, by a majority of the stock-
holders present, allowing one vote to each share in the capi-

189

tal stock: Provided, That no stockholder shall be allow-
ed more than thirty votes, and that absent stockholders
may vote by proxy, under such regulations as the said com- '
pany shall prescribe; and if, through any unavoidable ac-
cident said directors should not be chosen on the first Mon-
day in August as aforesaid, it shall be lawful to choose
them on any other day, in the manner herein provided;
and it shall be the duty of the secretary of said company,
at any time, upon application, in writing, of the proprie-
tors of twenty per centum of the capital stock, to call a
meeting of the stockholders, to be holden at such time and
place in Alton, as they shall direct, for the purposes men-
tioned in such application, by giving like notice thereof, as
is herein required for the election of directors.

Sec. 8. The directors, when chosen, shall meet as soon Shall chnose a
as may be, after every election, and shall choose, out of president.
their own body, a president, who shall be sworn or affirm-
ed, faithfully to discharge the duties of his said office, and
shall preside for one year; and in case of the death, resig-
nation, or inability to serve, of the president, or any direc-
tor, such vacancy or vacancies, shall be filled for the re-
mainder of the year in which they happen, by a special
election for that purpose, to be held in the same manner
as herein before directed, respecting annual elections of
directors.

Sec. 9. The president and four of the directors, or five What shall
directors, in the absence of the president, shall be a board constitute a
competent to the transaction of business; and all questions board-
before them, shall be decided by a majority of votes; and
they shall have power to make and prescribe such by-laws, p0Wer to make
rules, and regulations as to them shall appear needful and byTiaws.
proper, touching the management and disposition of the
stock, property, estate and effects, of said company, and
the transfer of the shares, and touching the duties and
conduct of the several officers, clerks, and servants em-
ployed, and the election of directors, and all such matters
as appertain to the business of insurance; and shall, also,
have power to appoint a secretary, and as many other of-
ficers, clerks, and servants, for carrying on said business, as
may, to the said board, seem meet, and to fix the salaries
and wages of the officers and servants of said company:
Provided, always, That such by-laws, rules, and regula-
tions, shall not be in violation of the constitution or laws
of the United States or of this State.

Sec. 10. Any two or more of the persons named in this Meetings how
act, are hereby authorized to call a meeting of said com- called.
pany, by advertising the same for two weeks, successive-
ly, in the "Alton Spectator," or by written notices, posted
up for that length of time, in five of the most public places

190

in said town, for the purpose of electing their first board of
directors, and said directors, when elected, shall choose a
president, as herein before provided, and shall continue in
office until the first Monday in August, in the year of our
Lord then next ensuing, and until others shall be chosen in
their stead: Provided, however, That this charter shall be
void and of no effect, unless put into operation agreeably
to its provisions and terms, within eighteen months after
the passage of this act : And provided, also, That the said
company shall not take any risk, nor subscribe any policy,
by virtue of this act, until one moiety of the capital stock
of said company shall have been actually paid in.

Sec. 11. It shall be the duty of the directors of said corn-
Directors shall pany, at such times as the by-laws thereof shall prescribe,
makedWi- to make dividends of so much of the interest arising from
the capital, stock, and the profits of said company, as to
them shall appear advisable; but the money received, and
notes taken for premiums of risks, which shall be undeter-
mined and outstanding at the time of making such divi-
dends, shall not be considered as a part of the profits of said
company; and in case of any loss or losses whereby the
capital stock of said company shall be lessened before all
the instalments are paid in, each proprietor's or stockhold-
er's estate, shall be held accountable for the instalments
that may remain unpaid on his share or shares, at the time
of such loss or losses taking place, and no subsequent divi-
dend shall be made until the sum arising from the profits of
the business of the said company, equal to such diminution,
shall have been added to the capital; and once in every
three years, and oftener if required by a majority of the
votes of the stockholders, the directors shall lay before the
stockholders, at a general meeting, an exact and particu-
lar statement of the profits, if any there be, after deduct-
ing losses and dividends.
Prohibited Sec. 12. Said company shall not, directly nor indirect-

iio.n dealing mjy Jeaj or j^jg m buyjnSr 0r selling any goods, wares,

merchandize, i j- T ■ i 11 •?

merchandize, or commodities whatever; and the capital
TemT1 h'nV m" stock of said company, collected at each instalment, shall,
within six months thereafter, be invested either in the
stock of the United States Bank, or of any incorporated
bank in this State, or in the States of Ohio, Indiana, Ken-
tucky, Mississippi, Louisiana, Pennsylvania, Maryland,
New York, or Missouri, or in either or all of them, and in
such proportion as may be most for the interest of said
company, at the discretion of the president and directors
of said company, or of such other person or persons as
said company shall, for such purpose, at any meeting ap-
point: Provided, hotvever, That the president and direc-
tors of said company shall have power to loan to any citi-

191

zen of this State, any portion of their capital stock, not ex-
ceeding one half, on respondentia or bottomry: Provided,
also, That the sum loaned on any one bottom, at one time,
including the sum insured in any other way upon the same
bottom, shall not exceed ten per centum upon the capital
stock of said company; nor shall the same be loaned, but
with the assent of three-fourths of the directors of said com-
pany; and such loan, together with the assent aforesaid,
shall be entered at large upon the records of said company,
and shall be laid before the stockholders at their next meet-
ing following the loan; and it shall be in the power of the
directors of said company, in case they shall deem it more
for the interest of the stockholders in said company than
any of the investments above described, to loan any por-
tion of their capital stock aforesaid, not exceeding two-
thirds of the whole amount, to any person or persons with-
in this State, either on mortgage of real estate, within this
State, or on pledges of the public stocks of the United States,
or of the bank of the United States, or of any other bank
incorporated by authority of this State, or of any of the
States above mentioned.

Sec. 13. That in case of any loss or losses taking place, in case of losses
which shall be equal to the amount of the capital stock ofg1'eaterth?nth<e
said company, and the president and directors, after know- ^™ountofcaP»-
ing of such loss or losses having taken place, shall subscribe
to pay any policy of insurance, their estates jointly and
severally, shall be accountable for any and every loss which
shall take place under policies so subscribed; and the es-
tates of the stockholders as aforesaid, shall be liable for any
losses equal to the amount of said capital stock subscribed
and not actually paid in, in all cases of losses exceeding the
means of said company, whether they consist of stock paid
in, or profits not divided.

Sec. 14. Said insurance company shall be located and
kept in the town of Lower Alton.

Sec. 15. The president and directors of said company Directors to
shall, previous to subscribing to any policy, and once in publish annuai-
every year after, publish in two of the newspapers printed ]Z.the amount
in this State, the amount of their capital stock, against
what risk they mean to insure, and the largest sum they
mean to take on any one risk.

Sec. 1 6. The president and directors of said company shall lay a
shall, when, and as often as requested by the legisla- statement of
ture of this State, lay before them a statement of the a£ *heir *£***$ ba-
fairs of said company, and submit to an examination con- tu»e. ^ eg'S a"
cerning the same, under oath.

Sec. 17. This act is hereby declared a public act, and Act declared
shall take effect from and after its passage, and shall be li- public
berally construed for every purpose herein contained. The

192

*aid corporation shall not be dissolved, nor this charter for-
feited for, or by reason of any errors, omissions or irregulari-
ties of the said company or its agents: Provided, always, That
such errors, omissions, or irregularities, shall not be in vio-
lation of any of the provisions of this act: And provided,
also, that nothing in this act shall be so construed as to in-
vest said company with any banking powers, or to author-
ize them to make, emit, or utter any bills of credit, bank
notes, promissory notes, or other thing to be used as a cir-
culating medium as, and in lieu of money.

Approved, Feb. 7, 1835.

In force Jan. AN ACT to Incorporate the Jacksonville Female Academy.
27, 1835.

Academy in- Sec. 1. Be it enacted by the people of the State of Illinois,
corpovated. represented in the General Assembly, That Elihu Wolcott,
Samuel D. Lockwood, Joseph Duncan, Ero Chandler, John
P. Wilkinson, Bezaleel Gillett, Dennis Rockwell, David B.
Ay res, Julian M. Sturtevant, Benjamin Godfrey, Ebenezer
T. Miller, Matthew Stacy, and William Brown, and their
successors, be, and they are hereby created a body politic
and corporate, to be styled "The Trustees of the Jackson-
ville Female Academy," and in that name to remain in per-
petual succession, with power to sue and be sued, plead and
be impleaded, to acquire, hold, and convey property, real
and personal, to have and use a common seal, to alter the
same at pleasure, to make, and alter from time to time,
such by-laws as they may deem necessary for the govern-
ment of said institution, its officers and servants: Provi-
ded, such by-laws be not inconsistent with the constitution
and laws of the United States, or of this State.
Powers of tins- Sec. 2. The trustees shall have power to fill such vacan-
lce€- cies in their own body as may happen by death, resigna-

tion, or otherwise, and shall hold the property of the said
institution, solely for the purposes of female education, and
not as a stock for the individual benefit of themselves, or of
any contributor to the endowment of the same; and no
particular religious faith shall be required of those who be-
come trustees or students of the institution.
Location. Sec. 3. Said institution shall remain located in Jackson-

ville, in the county of Morgan; and the said trustees shall
be competent, in law and in equity, to take to themselves
and their successors in office, in their said corporate name,
Trustees may any estate, real, personal, or mixed, by the gift, grant,
hold real estate, bargain and sale, conveyance, will, devise, or bequest of

193

any person or persons whomsoever; and the same estate,,
whether real or personal, to grant, bargain, sell, convey,
demise, let, place out on interest, or otherwise dispose of
for the use of said institution, in such manner as shall seem
to them most beneficial to the institution. Said trustees
shall faithfully apply all funds collected, or the proceeds,
according to their best judgment, in erecting and comple-
ting suitable buildings, supporting the necessary officers,
instructors and servants, and procuring books, maps, charts,
globes, philosophical and other apparatus, necessary to the
success of said institution: Provided, nevertheless, That in
case any donation, devise, or bequest, shall be made for par-
ticular purposes, accordant with the design of this institu-
tion, and the corporation shall accept the same, every do-
nation, devise or bequest, shall be applied in conformity
with the express conditions of the donor or devisor.

Sec. 4. The treasurer of the institution always, and all Treasurer re-
other agents, when required, before entering on the duties £uir?d u> §ive
of their appointment, shall give bonds for the security of
the corporation, in such penal sums, and with such securi-
ties as the board of trustees shall approve, and all process
against the corporation, shall be by summons, and the ser-
vice of the same shall be by leaving an attested copy there-
of with the treasurer, at least thirty days before the return
thereof.

Sec. 5. The trustees shall have powTer to employ and ap- Trustees to ap-
point a principal for said institution, and all such instruc- voint a i)d!lc'-
tors and instructresses, and also such servants as may be Instructors. *
necessary, and shall have power to displace any or either
of them, as they may deem the interest of the institution
to require, to fill vacancies which may happen by death,
resignation, or otherwise, among said officers and servants,
and to prescribe and direct the course of study to be pur-
sued in said institution.

Sec. 6. The lands within the bounds of this State, held Land held by
in perpetuity by this charter, shall not exceed twelve acres, said trustees,
held at one time; and if donations in land shall be made at
any time to said corporation, the same may be received
and held in trust by said board of trustees, and shall be
sold within three years from the date of such donation, for
the benefit of said institution; in failure whereof, the lands
so given, shall revert to the donor or grantor of the same,
and the said board o/ trustees shall, in no case, lease or
rent out, any lands so held in trust as last aforesaid.

Sec 7. If, at any time, the corporation shall act contra- Act when va-
ry to the provisions of this act, or shall, in any manner,
abuse the powers herein granted, it shall be the duty of the
Attorney General to file an information in the nature of a
quo warranto, for the purpose of vacating and annulling

rated.

194

this act and the powers herein granted: Provided, never-
theless, That all the real and personal property of each of
(he trustees shall he hound for the payment of all contracts
which they shall enter into for said institution.

Approved, Jan. 27, 1 835.

In force Jan. AN ACT to Incorporate the Mount Carbon Coal Company.
21, 1835.

Mount Carbon Sec. 1. Be it enacted by the people of the Slate of Illinois,
Coal Company rwres&ntte& in the General Assembly, That Hall Neilson and

naoinoiali'il. , / . 1 • 1 1 ,1 1

his associates, successors and assigns, be, and they are here-
by constituted a body politic and corporate, by the name
and style of "The Mount Carbon Coal Company," for the
more convenient ownership and mining of coal and metals
and minerals contiguous thereto, in the county of Jackson,
and the transaction of the usual business of companies en-
gaged in the mining, transporting and selling of coal and the
other products of coal mines; and the said corporation, by
the said name, is declared and hereby made capable in law
to sue and be sued, to plead and be impleaded, to have a
common seal, and the same to alter and renew at pleasure;
to make rules and by-laws for the regulation and manage-
ment of said corporation, consistent with the laws of this
State, and generally to do and execute whatever, by law,
shall appertain to such bodies politic: Provided, That no-
thing herein contained shall be considered as conferring on
the said corporation any banking privileges ; but they shall
be exclusively confined to the operations directly necessa-
ry for carrying on the mining, coking, and transportation
of coal, and the construction of the necessary buildings,
wharfs, and boats; and each and every stockholder shall
be, in his individual capacity, liable for the debts and per-
formance of all contracts entered into by said corporation,
to the amount of the balance unpaid on the stock of such
stockholders.
Nature and ob- Sec. 2. The said corporation shall have the right to hold,
'nnonta''1' possess and enjoy, not exceeding two thousand acres of
land; and the whole amount of the capital stock shall not ex-
ceed, in value, the sum of two hundred thousand dollars,
and shall be divided into four thousand shares, which capi-
tal shall be employed in purchasing and holding the
lands aforesaid, and in constructing or employing build-
ings, vessels, boats, arks, and such other improvements and
machinery, necessary or useful for the mining, coking and
transporting of coal. Every member of the said company

195

shall have a certificate, under the seal of the corporation,
and made and attested in such manner and form, as the by-
laws shall direct, certifying his property in the share or
shares owned by him, and the stock of said company shall,
in the nature of personal property, be assignable and trans-
ferable according to such rules as the board of directors
shall establish, and no stockholder, indebted to the com-
pany, shall be permitted to make a transfer, or receive a
dividend, until such debt is discharged, or security given
for the same to the satisfaction of the directors.

Sec. 3. For the managing of the affairs of the said Directors to be
corporation, there shall be chosen, from the stockholders, electcd-
five directors, who shall hold their offices for one year, or
until superseded by others. Thirty days previous notice,
by publication, once a week for one month, in the newspa-
per in or nearest to the town of Brownsville, shall be given
of the first election of directors, and there shall be annual-
ly thereafter a like election at the town of Brownsville. In
all such elections for directors, each proprietor of shares
shall be entitled to one vote for every five shares held by
him, which vote may be given by himself, or proxy duly
authorized under seal, and a majority of the shares shall
be necessary to a choice of directors, or the transaction of
any business which may concern the company and come
before the stockholders.

Sec. 4. A majority of the directors shall form a quorum Duties and
to transact business; and they shall meet within thirty S?*!™°f the

• i ii i i ti cmectoib.

days from the time they shall have been chosen at Browns-
ville, and choose, by ballot, one of their number for presi-
dent, who shall serve for one year, or until superseded by
a new election; and there shall be annually after the said
election, a like election in Brownsville, by the directors for
the time being, of a president for said corporation. The
said directors shall also have power to choose and appoint
such other officers and agents, to conduct and prosecute
the business of the said corporation, as they shall deem
necessary and proper; and they shall also have the power,
for good cause, to be spread at large, together with the
proof in support thereof upon their minutes, to remove the
president of said company from office. The said directors
shall cause to be kept, duly recorded in books to be provi-
ded and kept for the purpose, minutes of all their proceed-
ings, and regular accounts of their transactions, as also
minutes of the proceedings of the stockholders at each ot
their meetings; which books may, at any time, be inspect
ed by any of the stockholders, The said directors shall
have power to supply any vacancy which may occur in
the office of president, or in their own body; and the pre

196

sident or director thus appointed, shall hold his office until
the next succeeding annual election for such officers.
Directors to re- Sec. 5. The directors may, from time to time, at any
quire payment nieeting, assess and require payment of such sum of mo-
ney, not exceeding twenty per cent, upon each share of
stock, as shall be judged necessary for the purposes of the
corporation, to be paid at Brownsville, to such person as
the said directors may designate and authorize to receive
the same ; and if, after publication of notice, once a week,
for two months, in the newspaper at or nearest to Browns-
ville, of the time of payment, and of the person appointed
to receive the same, of any proportion or instalment of
said capital stock, any stockholder shall fail to pay his in-
stalment at the time specified in said notice, the amount
paid by such delinquent stockholder previously, shall be
forfeited to the company, and his stock may be sold to any
person, for such price as may be agreed upon between the
said company and the purchaser.
Shall make di- Sec. 6. Dividends of the nett profits of the said com-
videuds of pro- pany? shall be made at such times as shall be determined
by the stockholders, in general meeting, which dividends
shall be paid to the persons entitled to the same, on demand
made ten days after making and declaring the said divi-
dends. The declaring of said dividends, and their amount,
shall be published for three successive weeks, in the same
manner as other notices are herein before directed to be
published. Whenever said dividends shall exceed twelve
and a half per cent, per annum, the said company shall
pay a tax into the county treasury of Jackson county, to
be assessed by the county commissioners' court of that
county.
Stock declared Sec. 7. The stock of said company shall be deemed per-
personaJ pro- sonal estate, and pass as such to the representatives of each
stockholder: Provided, That the real estate which may
be held by said corporation, shall be sold and conveyed
whenever they may deem proper so to dispose of it, ac-
cording to the forms and in the manner prescribed by law,
the president of said company making the acknowledgment
required by law for and on behalf of the company.
Service of pro- Sec. 8. Service of process on the president of said com-
cess' pany, shall be deemed and taken as sufficient service on

the corporation, in any suit which may be instituted against
it; and for any violation of the provisions of this act, the
said corporation shall be held to answer, by scire facias, in
iho Jackson county circuit court; and if, upon the trial
thereof, it shall appear that such violations have been com-
mitted, and it shall be so found, the said court may and
shall give judgment, revoking this charter. Any such pro-
ceedings, by scire facias, for such violations, shall be insti-

197

tuted and prosecuted in the name of the people of the State
of Illinois against the said corporation.

Sec. 9. This act to take effect from its passage, and to Extent of cor-
continue in force thirty years thereafter: Provided, the Poratlon-
said Hall Neilson and Thomas Neilson, their assigns, sue- Pl'ov,so-
cessors and associates, under "An act to Incorporate the
Illinois Manufacturing, Mining and Exporting Company,"
approved, January 28, 1833, file in the office of the Secre-
tary of State a written relinquishment, under seal, of their
privileges granted by said act; a certificate whereof shall
be issued by said Secretary to the corporation hereby cre-
ated, without which, this act shall not take effect. The
said relinquishment shall be so filed, on or before the first
day of August next.

Approved, Jan. 24, 1835.

AN ACT to Incorporate the Jacksonville and Meredupid In force Feb
Railroad Company. 5' ls3o>

Sec. 1. Be it enacted by the people of the State of Illinois, Company in
represented in the General Assembly, That Thomas T. Janu- c01'P0ratetl-
ary, Matthew Stacy, Newton Forsythe, Alexander Brother,
Porter Clay, A. H.Buckner, J. P. Wilkinson, Joseph Dun-
can, and Ira Davenport, and all such persons as shall be-
come stockholders, agreeably to the provisions of this act,
shall be, and they are hereby constituted a body corporate,
by the name of "The Jacksonville and Meredocia Railroad
Company," and shall continue for the term of fifty years
from and after the passage of this act.

Sec. 2. The corporation shall have the right and power Nature, objects
to construct, and during its existance, to maintain and ail(l.exteilt oi
continue a single or double railroad or way, or a single or t;oa
double trackway, with such appendages and appurtenances
as may be necessary for the convenient use of the same,
from Jacksonville, in the county of Morgan, and running
thence to such point in the town of Meredocia, on the Illi-
nois river, as the directors of said company shall direct,
to transport, take, and carry persons and property on the
same, by the power and force of steam, of animals, or any
mechanical or other power, or by a combination of them,
as said company shall choose to employ, and by their name
aforesaid, they are vested with the right and privilege ol
erecting, building and making a single or double railroad or
way, or single or double trackway, for the purpose afore-

198

said, and the right of using the same, in the manner here-
inafter provided, for and during the term of fifty years.
Road not com- Sec. 3. If the said corporation hereby created, shall not,
inenced witiun xvithirx four years from the passage of this act, commence

lOHr V6EIFS* • ** At—1 *

corporation dis- the construction of said road or way, and expend at least
solved. the sum of ten thousand dollars thereon, and shall not,

within eight years from the passage of this act, construct,
finish and put in operation the said single or double railroad,
or way, or trackway, then the said corporation shall for-
ever cease, and this act shall be null and void.
Amount of Sec. 4. The capital stock of said corporation hereby

capital stock, created, shall be one hundred thousand dollars, with liber-
ty for said company, if they shall deem it necessary, to in-
crease the same to two hundred thousand dollars, which
shall be divided into shares of fifty dollars each, and which
shall be transferable in such manner as said corporation
may direct, and the same shall be deemed personal pro-
perty.
Commissioners Sec. 5. Thomas T. January, Matthew Stacy, Aylett H.
appointed to Buckner, Alexander Brother, P. Clay, Newton Forsythe,
scrfption "there- J°sePft Duncan, Ira Davenport, and John P. Wilkinson,
to. shail be commissioners; the duty of whom, or a majority

Their duties, of whom, it shall be, within one year from the passage of
this act, at the towns of Jacksonville and Meredocia, to
open books and receive subscriptions to the capital stock
of said corporation, and twenty days public notice of the
time and place of opening such books, shall be previously
given in the newspaper printed in Jacksonville; and the
said commissioners shall, at the time of subscription, by
any person or persons, for the capital stock of said corpo-
ration, require the payment, to them, by the person or per-
sons subscribing, of five dollars towards and upon every
share of fifty dollars so subscribed, and unless the same
shall be paid, the subscription shall be invalid. And in case
a greater amount of capital stock shall be subscribed for
than one hundred thousand dollars, the said commissioners
may either retain the subscriptions as an enlargement of
the capital stock, {provided said subscriptions do not ex-
ceed two hundred thousand dollars,) or shall distribute the
stock in such manner as a majority of them shall deem
most advantageous to the interests of said corporation. But
in case the capital stock shall not be subscribed for, then
the said commissioners shall be authorized to re-open said
books for the subscription of stock, at such times and pla-
ces, and in such manner, and after such notice as they or
a majority of them shall direct.
When twenty- Sec. 6. Whenever said capital stock shall have been sub-
five thousand scribed, and distribution made thereof, as aforesaid, or as
soon as twenty-five thousand dollars ot said stock shall be

dollars arc sub-

199

taken, it shall be the duty of said commissioners to give scribed, a gen-
twenty days public notice in some newspaper printed in thif s™ckhoid-'
Jacksonville, for a meeting of the stockholders of said com- era to be called
pany to meet in Jacksonville to choose nine directors, and for thc election
such election shall then and there be made by such of the f^taT^
stockholders as shall attend, either in person or by lawful
proxy; each share of the capital stock, owned ten days
previous to the day on which any election for directors
shall take place, shall entitle the owner and holder to one
vote, either personally or by proxy; said commissioners
shall be inspectors of the first election of directors of said
company, and shall certify, under their hands, the names
of those duly elected, and deliver over the subscription mo-
ney, books, and papers, to said directors; and the time of
holding the first meeting of the directors shall be fixed by
the said commissioners.

Sec. 7. The said directors shall cause such examinations Duties of di-
and surveys, for the said railroad or trackway, to be made rectovs-
as may be necessary to the selection, by them, of the most
advantageous line, course or way, for the said railroad or
trackway, on the route set forth in the second section of
this act, and shall, after such examinations and surveys
shall be made, select, and by certificates, under their hands
and seals, designate the line, course or way, which they or
a majority of them, shall deem most suitable and advanta-
geous for said railroad or trackway; one report, survey,
courses and distances, with a certificate of the directors
annexed thereto, shall be filed in the office of the recorder
of Morgan county, and by him recorded and preserved,
which line, course or way, so selected, certified, filed and
recorded, shall be deemed the line, course or way, on which
the corporation shall construct, erect, build, or make the
railroad or trackway above described.

Sec. 8. The first directors to be chosen, shall hold their Elections for
offices until the first Monday in June in the year next sue- directors to be
ceeding their election, and until others shall be chosen, and ,* cb^t!' '' Y
every election of directors thereafter, shall be held annu-
ally at Jacksonville, on the first Monday of June in each
and every year, notice of the same being first given twen-
ty days previous thereto, in a public newspaper printed in
Jacksonville. Every election shall be held under the in-
spection of three stockholders, not being directors, who
shall be previously appointed by the board of directors.
All elections shall be held by ballot, and a plurality of votes
given, shall constitute a choice. No stockholder shall be
eligible to the office of director, unless he shall own stock
to the amount of at least one hundred dollars. In case an
equal number of votes should be given for any two or more,

200

When an elec-
lion shall not
lake place at
the proper time.

Authorized to
bold real es-
tate.

Voluntary
grants and do-
nations.

Lands and ma-
terials entered
upon, and not
the property of
the company,
shall be pur-
chased of the
owner.

Mode of ascer-
taining the da-
mages where
the parties can-
not agree.

for directors, the remainder of the directors shall, by bal-
lot, determine who shall be entitled to a seat at the board.

Sec. 9. In case it should at any time hnppen, that an elec-
tion of directors shall not be made, on any day, wrhen, pur-
suant to this act, it ought to have been made, the said cor-
poration shall not, for that cause, be dissolved; but such
election may be held at any other time, directed by the by-
laws of the corporation, within sixty days after the day
on which it should have been held; and the directors shall
continue to act until a new board is elected.

Sec. 10. The corporation is hereby empowered to pur-
chase, receive, and hold such real estate as may be neces-
sary and convenient for the accomplishing the objects for
which this act of incorporation is granted, and may, by
their agents, surveyors and engineers, enter upon and take
possession of, and use all such lands and real estate and ma-
terials as may be indispensable for the construction and
maintenance of their railroad or trackway, and the accom-
modations and appurtenances required and appertaining
thereto; and may, also, receive, hold, and take all such
voluntary grants and donations of land and real estate and
materials, for the purposes of said road, as shall be made
to the said corporation, by the General or State Govern-
ment, or by any corporation, company, individual or indi-
viduals, to aid in the construction, maintenance, and ac-
commodation of the said railroad, or trackway, complete-
ly vesting in said company and corporation, absolutely in
fee simple, the same; but all lands and real estate thus en-
tered upon for materials or otherwise, which are not dona-
tions, or owned by the company, shall be purchased by the
said corporation of the owner or owners thereof, at a price
to be agreed on, mutually, by the company, and the owner
or owners. In case of a disagreement as to price, and be-
fore the taking any materials, or making any part of said
road on said land in controversy, it shall be lawful for the
commissioner, superintendent, or other authorized person
or persons of said company, to apply to some justice of
the peace of the county of Morgan, who shall cause five
freeholders to be summoned, who, after being sworn faith-
fully and impartially to examine the materials or ground to
be pointed out to them by the commissioner, superinten-
dent, or other authorized person or persons; and reasona-
ble notice having been given to the owner of the property,
said freeholders shall assess the damages which they shall
believe such owner or owners will sustain over and above
the additional value which such land will derive from the
construction of such road, and make a report, signed by
at least a majority of them, one of which they shall deliver
to the commissioner, superintendent, or other authorized

201

person or persons, requiring said view and assessment, and And "ponpay-
the other to the justice of the peace, and the amount of JJJJkoftL
damages and costs being paid to the owner or owners, damages asses-
which shall have been assessed, or deposited with the jus- sed» sha11 be
tice of the peace, the road may be constructed, located, ^'^same!
and materials taken. If either party shall be dissatisfied In case eithej.
with the valuation, where lands are in question, an appeal party should be
may be taken in twenty days to the circuit court of Mor- dissatlsfied> an
gan county, by petition, setting forth the facts of the case, taken totheS-
describing the land and premises, and the necessity of such cuit court.
land for making said railroad or trackway, and the attempt
and failure to purchase the same, with the name and resi-
dence of the owner of the same, and the reasons why the
purchase cannot be made; and the circuit court aforesaid,
acting and sitting as a court of chancery, shall direct such Circuit court
notice to the owner and parties as shall be deemed reasona- s!ia11 direct no;
ble, of the time of hearing the parties, {provided, that in 4s. ° ie Pai
case the appellee shall have had seven days previous notice
of the taking of the appeal, no further notice shall be ne-
cessary, but said court shall proceed to hear and deter-
mine said case as speedily as practicable,) and upon proof
of the service of notice of the appeal, and upon hearing
the testimony of the parties, (which may be taken orally
or by deposition,) it shall make such order and decree in
the premises as to it may seem proper and equitable, and
may either increase or diminish the amount of damages as-
sessed, or reject said petition altogether; and shall also
make such order for the payment of costs as may be just
and proper. It shall also order a conveyance of the land
in controversy, to be made when the decree shall be com-
plied with on the part of the corporation. Whenever said
order and decree shall be fully complied with on the part
and behalf of said corporation, it shall be possessed of the
land in controversy, and may enter upon and take posses-
sion of, and use the same for the purposes of said road;
where a difficulty shall arise as to the value of materials
which may be needed to construct said work, or the amount
of damages done to land by the agents of the company
passing through said land in collecting materials aforesaid,
there shall be no appeal to the circuit court; but in case
the parties, or either of them, shall be dissatisfied, and it
shall appear to the justice, that it is right and necessary to
justice, he may set aside the first valuation, {provided, the
same shall be done in three days after said valuation,) and
appoint five other commissioners to appraise and value the
materials or damages last aforesaid, whose award in the
premises shall be final, and who shall apportion the costs as
may appear just on one or both of the parties.
Sec. 11. In case any married woman, infant, idiot, or in- Any married
26

20*2

woman, infant, sane person, or non-resident of the State, who shall not ap-
ldearin"°on such Pear a^ter sucft notice, sna^ °e interested in any such land
notice,0 court or real estate, the circuit court, or justice of the peace,
may appoint a shan appoint some competent and suitable person to ap-
raxforthem. Pear before said commissioners, or said circuit court, and
act for and in behalf of such married woman, infant, insane
person, idiot, or non-resident of the State.
Company may Sec. 1 2. The said corporation is hereby authorized and
regulate the empowered to regulate the time and manner in which

time and mode I, D , i n i i

oftransporta- goods, passengers, and property shall be transported, ta-
tion and fix the ken and carried on said railroad or trackway, and shall
rates of toil. jlaye p0wer t0 erect and maintain toll houses and other
buildings necessary for the accommodation of their con-
cerns, and from time to time, fix, regulate, demand and re-
ceive the tolls and charges by them to be received for trans-
portation of persons or property, on said single or double
railroad or way, or said single or double trackway.

Five directors Sec. 1 3. Five directors of the said corporation shall form
to form a board a boar(j9 an(j they, or a majority of them, shall be compe-
by-iawffruies, tent to transact all the business of the said corporation,
reguiations,&c. and they shall have full force and power to make and pre-
scribe all such rules, by-laws, and regulations as to them
shall appear needful and proper, touching the management
and disposition of the stock, property, and estate of the
said corporation, the transfer of shares, and touching the
dutis and conduct of their officers and agents, and election
of directors, and all other matters whatsoever, which may
May require appertain to the concerns of said corporation. It shall also
the payment of be lawful for said directors to require payment of the sums
the stock sub- t0 ^e subscribed to the capital stock, at such times and in
such proportions, and on such conditions as they shall
Previous pay- deem fit and right, under the penalty of the forfeiture of all
ment forfeited previous payments thereon, and shall give notice of the
such calk l° Payments thus required, and of the place and time, when
and where the same are to be paid, at least twenty days
previous to the payment of the same, in some public news-
paper printed in Jacksonville.

Penalty for Sec. 14. If any person or persons shall wilfully do, or

persons injur- cause to be done, any act or acts whatsoever, whereby any
wiifuHv r°ad building, construction, or work of the said corporation, or
any engine, machine or structure, or any matter or thing
pertaining to the same, shall be stopped, obstructed, im-
paired, weakened, injured or destroyed, the person or per-
sons so offending, shall forfeit and pay to the said corpora-
tion treble the amount of damages sustained by means of
such offence or injury, to be recovered in the name of said
corporation, with costs of suit, by action of debt; and shall
likewise be subject to be indicted for injuries and offences

203

against the property of said corporation, as for injuries or
offences done to the property of individuals.

Sec. 15. Whenever it shall be necessary for the con- Streams and

/-i -ii i ' j. 4. „,.,-.„„ roads intevsect-

struction of the railroad or trackway to intersect or cross ed
any stream of water, or water courses, or any road or high-
way, betwixt the places mentioned in the second section
of this act, it shall be lawful for the corporation to con-
struct said railroad or trackway across or upon the same;
but the corporation shall restore the stream, or water
course, or road, or highway, thus intersected, to its for-
mer state, or in a sufficient manner, not to impair its use-
fulness.

Sec. 16. It shall be lawful for any railroad company May join with
which may hereafter be incorporated, to join and unite °^™^cor.
with the railroad or trackway hereby created and incor- porated
porated, at any point at which the directors of the com-
pany, hereafter to be created and incorporated, may think
advisable, on such terms as the directors of the two com-
panies may respectively agree upon; and in case of a dis-
agreement between the directors of said companies, then
upon such terms as the circuit court of Morgan county,
shall, upon a full view and hearing of all the facts connect-
ed with the case, determine to be equitable and just between
said companies.

Sec. 17. The corporation hereby created under the name Rights confer-
of "The Jacksonville and Meredocia Railroad Company," [f^ZT
shall have the right to sue in any court of law or equity in
this State having jurisdiction of the case, and prosecute
the same to judgment and recovery, and defend when sued,
plead and be impleaded, both at law and in chancery, and
shall be entitled to all the privileges and rights which such
a corporation, by the common or statute laws governing
the case, ought and should of right have, and may have a
common seal, which they may alter and change at then-
pleasure. The whole of the stock of the corporation shall JjJ,}™
be deemed personal property, and, together with all tools, £erty_
implements, machinery, and apparatus of every descrip-
tion, used and employed, or on hand and belonging to said
company, shall be liable to be seized, executed and sold,
after judgment or decree, to make good any contract,
agreement, or stipulation made by any agent, superinten-
dent, or other authorized person or persons of said com-
pany, and it shall be a sufficient service of process, or no-
tice, in all cases, to leave a copy of the same with the pre-
sident of the board of directors, or the secretary of the
company, or in case of his absence from the county oi Mor-
gan, to leave a copy of the same at the office thereoi. COll<;tl.llct

Sec. 18. It shall be lawful for said company, at any time, a lateral rai]_
when, to them it shall seem proper, to construct, erect, and way.

204

maintain a lateral railroad or trackway, to such point in
the town of Naples, as said directors shall select, and in
the erection, construction, maintenance, and management
of which, they shall be subject to the same restrictions,
and use and enjoy the same privileges as are provided for
in the foregoing sections of this act.

Approved, Feb. 5, 1835.

In force Feb.
11,1835.

Town incor-
porated.

Boundaries de
fined.

Corporate pow

crs vested in
nine trustees.

AN ACT to cliange the Corporate Powers of the Town of
Chicago.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That John H. Kinzie,
Gurdon S. Hubbard, Ebenezer Goodrich, John K. Boyer,
and John S. C. Hogan, be, and they are hereby constitu-
ted a body politic and corporate, to be known by the name
of the "Trustees of the town of Chicago," and by that
name, they, and their successors shall be known in law,
have perpetual succession, sue and be sued, implead and
be impleaded, defend and be defended in courts of law and
equity, and in all actions and matters whatsoever; may
grant, purchase, and receive and hold property, real and
personal within the said town, and no other, (burial grounds
excepted,) and may lease, sell, and dispose of the same for
the benefit of the town, and shall have power to lease any
of the reserved lands which have been, or may hereafter
be appropriated to the use of said town, and may do all
other acts, as natural persons; may have a common seal,
and break and alter the same at pleasure.

Sec. 2. That all that district of country contained in
sections nine and sixteen, north and south fractional sec-
tions ten, and fractional section fifteen, in township thirty-
nine north, of range fourteen east, of the third principal
meridian, is hereby declared to be within the boundaries of
the town of Chicago: Provided, That the authority of the
board of trustees of the said town of Chicago, shall not ex-
tend over the south fractional section ten, until the same
shall cease to be occupied by the United States.

Sec. 3. That the corporate powers and duties of said
town, shall be vested in nine trustees, (after the term of
the present incumbent shall have expired, to wit: on the
first Monday of June next, and to be chosen and appoint-
ed as hereinafter directed,) who shall form a board for the
transaction of business.

205

Sec. 4. The members composing the board of trustees, Trustees elect-
shall be elected annually, on the first Monday in June, by ed annually.
the persons residing within said town, (qualified to vote for
representative to the legislature,) to serve for one year;
they shall be at least twenty-one years of age, citizens of
the United States, and inhabitants of said town, and shall
possess a freehold estate within the limits thereof.

Sec. 5. That the board of trustees shall appoint their Sha11 appoint
president from their own body ; shall appoint all other offi- their Pres,dent-
cers of their board, and shall be the judges of the qualifica-
tions, elections, and returns of their own members ; a majori-
ty shall constitute a board to do business, but a smaller num-
ber may adjourn from day to day; may compel the attend-
ance of absent members, in such manner and under such pen-
alties as the board may provide ; they may determine the rule
of proceeding, and make such other rules and regulations
for their own government, as to them may seem proper *

and expedient.

Sec. 6. That the board of trustees shall have power to Powers and du-
levy and collect taxes upon all real estate within the town, ties of trustees-
not exceeding the one half of one per centum upon the as-
sessed value thereof, except as hereinafter excepted; to
make regulations to secure the general health of the inha-
bitants; to prevent and remove nuisances; to establish
night watches; erec.t lamps in the streets, and lighting the
same; to regulate and license ferries within the corpora-
tion; to lease the wharfing privilege of said town, giving
to the owner or owners, occupant or occupants of the lots
fronting the river, the preference of such privilege ; to erect
and keep in repair bridges; to provide for licensing, taxing
and regulating theatrical and other shows, billiard tables
and other amusements; to restrain and prohibit gaming
houses, bawdy houses, and other disorderly houses; to
build market nouses; establish and regulate markets; to
open and keep in repair streets, avenues, lanes, alleys,
drains and sewers; to keep the same clean and free from
incumbrances; to establish and regulate a fire department,
and to provide for the prevention and extinguishment of
fires; to regulate the storage of gun powder and other
combustible materials; to erect pumps and wells in the
streets, for the convenience of the inhabitants; to regulate
the police of the town; to regulate the election of the town
officers; to fix their compensation; to establish and en-
force quarantine laws; and from time to time, to pass such
ordinances to carry into effect the ordinances of this act,
and the powers hereby grantedj as the good of the inhabi-
tants may require, and to impose and appropriate fines and
forfeitures for the breach of any ordinance, and to provide

206

for the collection thereof: Provided, That said trustees
shall, in no case, levy a tax upon lots owned by the State.
.May levy spe- Sec. 7. That upon the application of the owners of two-
ciai tax hirer- thjrds 0f real estate, on any street or parts of a street, it
shall be lawful for the board of trustees to levy and collect
a special tax on the owners of the lots on the said street
or parts of a street, according to their respective fronts,
for the purpose of grading and paving the side walks on
said street.
Further powers Sec. 8. That the board of trustees shall have power to
of trustees. regulate, grade, pave and improve the streets, avenues,
lanes, and alleys within the limits of said town, and to ex-
tend, open and widen the same, making the person or per-
sons injured thereby, adequate compensation; to ascertain
which, the board shall cause to be summoned twelve good
and lawful men, freeholders and inhabitants of said town,
not directly interested, who (being first duly sworn for that
purpose,) shall inquire into, and take into consideration, as
well the benefits as the injury which may accrue, and esti-
mate and assess the damages which would be sustained by
reason of the opening, extension, widening of any street,
avenue, lane or alley; and shall, moreover, estimate the
amount which other persons will be benefited thereby,
and shall contribute towards compensating the persons in-
jured; all of which shall be returned to the board of trus-
tees, under their hands and seals; and the person or per-
sons who shall be benefited and so assessed, shall pay the
same in such manner as shall be provided, and the residue,
if any, shall be paid out of the town treasury.
Ordinances to Sec. 9. All ordinances shall, within ten days after they
be published. are paSsed, be published in a newspaper printed in said
town, and posted in three of the most public places there-
of.
Real estate sold Sec. 10. That when any real estate, in said town, shall
f01 ^xes, sub- j^yg been gQjgi Dv thg authority of the corporation there-
tion. mp °f? f°r tne non-payment of any tax that may have been le-
vied upon the same, the same shall be subject to redemp-
tion by the owner or owners thereof, his, her, or their
agent or agents, within one year after the same shall have
been sold, on paying to the treasurer of the board of trus-
tees of said town, double the amount of the taxes for which
the same was sold, together with costs for the selling of the
same. But should the said lots, or parts of lots so sold for
the non-payment of the taxes aforesaid, not be redeemed
within the time specified, then, in that event, it shall be the
duty of the president of the board of trustees of the said
town, to execute a deed, with a special warranty, signed
by the president of said board, and countersigned by the
derk thereof.

207

Sec. 11. It shall be the duty of the board of trustees to
cause to be paid to the purchasers of lots, all moneys which
may have been paid to the treasurer, over the costs for sell-
ing the same.

Sec. 12. The officers of said town (in addition to the Officers oi the
trustees) shall consist of one clerk, one street commis- towu-
sioner, one treasurer, one assessor and collector of taxes,
one town surveyor, two measurers of wood and coal, two
measurers of lumber, two measurers and weighers of grain,
and such other other officers as the trustees of said town
may deem necessary for the good of said town.

Sec. 1 3. That the president and trustees of said town Trustees may
shall, whenever thev may deem necessary, order the for- <orn? fil-e com"
mation of fire engine companies, and fire-hook and ladder "
companies. The fire engine companies each, to contain
from twenty-five to forty able bodied men, of between the
ages of eighteen and fifty years, and no more. The fire,
hook and ladder companies to contain each from fifteen to
twenty-five able bodied men, and no more. Which com-
panies shall be officered and governed by their own by-
laws; shall be formed only by voluntary enlistment. Ev-
ery member of each company shall be exempted from jury
and military duty; and whenever a member of such com-
pany shall have served twelve years, he shall receive a dis-
charge from the incorporation, signed by the president,
and shall, forever thereafter, be exempted from further ju-
ry duty, and from further military duty, except in case of
invasion.

Sec. 14. That the members of the board of trustees, and Town officers
every officer of said corporation, shall, before entering on t0 be sworn-
the duties of his office, take an oath or affirmation before
some judge or justice of the peace, to support the consti-
tution of the United States and of this State, and faithfully
to demean themselves in said office.

Sec. 1 5. That this incorporation shall be divided into three Town divided
districts, to wit: All that part which lies south of the Chi- intof three dis"
cago river, and east of the South Branch of said river, shall
be included in the first district; all that part which lies
west of the North and South branches of said river, shall
be included in the second district; and all that part which
lies north of the Chicago river, and east of the North
Branch of said river, shall be included in the third district;
and the taxes collected within the said respective districts,
shall be expended under the direction of the board of trus-
tees, for improvements within their respective districts;
but all elections for trustees, in said town, shall be by gen-
eral ticket.

Approved, Feb. 11, 1835.

'208

In force Feb. AN ACT to Incorporate the Alton Hotel Company.

12, 1835.

Company in- Sec. 1. Be it enacted by the people of the State of Illinois,
corporated. represented in the General Assembly, That Benjamin God-
frey, Stephen Griggs, Calvin Riley, William Manning, jr.,
Winthrop S. Gilman, Simeon Rider, Hezekiah Hawley, Mark
Pierson, Thomas G. Hawley, Caleb Stone, Ambrose C.
Henkinson, and Jonathan T. Hudson, and their associates
and successors, be, and they are hereby constituted a body
politic and corporate, under the name of the "Alton Hotel
Company" to be located in the town of Alton, Madison
county, and by that name shall have power to contract and
be contracted with, and may sue and be sued, plead and
be impleaded, answer and be answered unto, in all courts
having competent jurisdiction, and shall be vested with all
the powers and privileges necessary to the object of their
incorporation, as are hereinafter defined and limited.
Powers and ob- Sec 2. The said company shall have power, and be ca-
jects of the in- pable of holding, purchasing, improving, selling and con-
corporanon. veying any estate, real or personal, for the use of said cor-
poration; second, to improve or erect buildings on the
same; third, to rent, lease or occupy any or all such lands
belonging to said company, for a term not exceeding the
limits of this charter: Provided, That the real estate own-
ed by the said company, shall not exceed one quarter sec-
tion of land, except such as may be held as collateral secu-
rity for debts due the said company, or may become the
property thereof by virtue pf such indebtedness.
Capital stock. Sec. 3. The capital stock of said company shall be twen-
ty thousand dollars, with power to increase the same, at the
pleasure of said company, to any sum not exceeding fifty
thousand dollars, which capital stock shall be divided into
shares of fifty dollars each, and subscribed for and held in
manner hereinafter provided.
May give pro- Sec. 4. The better to enable said corporation to transact
missory notes, and carry on the purposes of their said incorporation, they
are hereby authorized and empowered to make, endorse,
issue, receive and transfer promissory notes, bills of ex-
change, conveyances of land, to receive the hypothecation
and pledges of the stock of other companies or incorpora-
tions, and other instruments in writing necessary to the
transaction and safety of their said business: Provided,
That this act shall not be construed so as to authorize the
said company or corporation to make or emit bills of credit,
promissory notes, bank notes, or other instruments to be
used as a circulating medium.
Ail evidences Sec. 5. All contracts or other evidences of indebtedness
Snfflld I'll"5 which may be made or entered into by the said corporation,
pany< shall be subscribed by the president, and attested by the

- 209

secretary, and being so signed and attested, shall be binding
on said corporation ; and all conveyances made and entered
into by the said corporation, conveying real estate belong-
ing to the said company, when signed and attested as afore-
said, shall, in like manner, be binding on said corporation,
according to the tenor, effect, and true intent and mean-
ing of the same.

Sec. 6. The concerns of said corporation shall be mana- Directors to be
ged and conducted by five directors, who shall be chosen elected aimual-
annually by the stockholders or their proxies, which shall ly'
be by ballot; and the five persons receiving the greatest
number of votes, shall receive the certificates of the in-
spectors declaring them duly elected. The directors so Their power*,
chosen, or the major part of them, shall constitute a board,
and be competent to the transaction of business; and shall,
and may, from time to time, make and prescribe such by-
laws, rules and regulations, relative to the concerns of said
corporation, the duties of the president and secretary, (each
of whom shall be elected by a majority of the directors so
chosen,) and shall, also, regulate the duties of their agents,
clerks, and all others by them employed; and also, shall ap-
point a treasurer, who shall give bond in such amount, and
in such manner, as the said directors shall prescribe; and
the said directors shall have power to appoint such other
officers, agents, and clerks, as may be necessary for carry-
ing on the business of said corporation, with such salaries
and allowances as to the said directors shall seem proper:
Provided, That such by-laws and regulations shall not be
repugnant to the constitution and laws of the United States
or of this State.

Sec. 7. That Benjamin Godfrey, Calvin Riley, and Ste- Commissioners
phen Griggs, shall be commissioners, the duties of whom, 1°^^^
or a majority of them, shall be to open books of subscrip- tioLns_u s np
tion to the capital stock of said corporation, within one
month from and after the passage of this act, in such pla-
ces and at such times as, in their opinion, is best calcula-
ted to have said stock taken up ; twenty days notice shall
be given, by the said commissioners, of the time and place,
and the number of days the subscription books will be kept
open for subscriptions, in a public newspaper published in
the places, where they intend to open said books for sub-
scriptions of the capital stock of said company. The com-
missioners shall receive no subscriptions, unless at least one
dollar on each share subscribed, be paid at the time of sub-
scription; and as soon as the whole amount of the said
capital stock shall be subscribed, the said commissioners
shall give a like notice of twenty days for the meeting of
the stockholders, for the purpose of choosing five directors,
designating the time and place of such election; at which

Stock declared
persona] pro-
perty.

Directors shall
make divi-
dends.

Stock how is-
sued.

When to go ii
to operation.

Act declaret

public.

election, persons holding stock of said company, shall be
permitted to vote either in person, or by lawful proxy; the
said commissioners shall be inspectors of the first election
of directors, and shall certify under their hands, the names
of those duly elected, and deliver over to them the sub-
scription books, and'the amount of money received on sub-
scriptions, to the said directors.

Sec. 8. The stock of said corporation shall be deemed
personal property, and assignable and transferable on the
books of the corporation; but no stockholder, indebted to
the corporation, shall be permitted to make a transfer un-
til such debt be paid or secured, to be paid to the satisfac-
tion of the directors.

Sec. 9. The company shall, at all times, keep proper
books of accounts, in which shall be registered all the trans-
actions of the corporation, and the same shall, at all times,
be subject to the inspection of the stockholders, and it shall
be the duty of the directors to make annual dividends, or
at such other times as a majority of the directors shall di-
rect, of so much of the profits of the said company, as to
them, or a majority of them, shall appear advisable; and
the said directors shall, whenever required by a majority
of the stockholders, exhibit, at a general meeting, a full and
perfect statement of the debts and credits, and all such
other matters as may be deemed essential, relating to the
affairs of the company.

Sec. 10. The stock, not disposed of by the commission-
ers in the manner hereinbefore named, shall, and may be
issued by the directors for the time being, according to the
by-laws and regulations that may be adopted by the said
company.

Sec. 1 1. As soon as twenty per cent, of the capital stock
of said company shall be subscribed and paid in, the said
corporation shall be authorized to proceed to business, and
not before.

Sec. 1 2. This act is hereby declared public, and shall
take effect from and after its passage, and be and remain
in force for the term of ten years.

Approved, Feb. 12, 1835.

In force Jan.
31, 1835.

Tou n incorpo
rated.

AN ACT to Incorporate Mount Carmelin Wabash County.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the inhabitants
and residents of the town of Mount Carmel, in Wabash

211

county, are hereby made a body corporate and politic in
law, and in fact, by the name and style of "The President
and Board of Trustees of the Town of Mount Carmel," and
by that name shall have perpetual succession, and a com-
mon seal, which they may alter at pleasure, and in whom
the government of said corporation shall be vested, and by
whom its affairs shall be managed.

Sec. 2. That the boundary of the said corporation be, Limits of cor-
am! the same is hereby declared to extend to the prescri- i)0ialion defi-
bed limits of the town plat, as recorded in Wabash county,
and that the jurisdiction of said corporation is hereby de-
clared to be co-extensive with the limits of the town afore-
said, and to extend to the river in front of said town, as
far as the jurisdiction of the State extends: Provided, how- Proviso.
ever, That in civil cases, no act of said corporation shall
impair the individual reserved rights near the bank of the
river.

Sec. 3. That the present trustees shall continue in office Elections of
until the first Monday in May next, and until their succes- trustees held
sors are duly elected and qualified; and forever thereafter, nnu :"
an election shall be holden on the first Monday of May an-
nually, for seven trustees, to hold their office one year, and
until their successors are qualified, and public notice of the
time and place of holding said election, shall be given by
the president and trustees, by an advertisement published
in a newspaper in said town, or posting them up in at least
four of the most public places in said town. No person
shall be a trustee of said town, who has not arrived at the
age of twenty-one years, who has not resided in said town
twelve months next preceding his election, and who is not
at the time thereof, a bona Jidc freeholder, and moreover,
who has not paid a corporation tax; and all free white male
inhabitants, over twenty-one years of age, who have resi-
ded in said town six months next preceding an election,
and who are subject to pay a corporation tax, shall be en-
titled to vote for trustees; and the said trustees shall, at
their first meeting, proceed to elect one of their body pre-
sident, and shall have power to fill all vacancies in said
board which may be occasioned by death, resignation, or
six months absence from said town, and to appoint a clerk,
an assessor, a treasurer, and a town constable, to give
bond in such amount as the trustees may require; and the
said town constable shall take an oath of office before some
justice of the peace, and it shall be his duty to collect all
fines, and serve all process at the suit of the corporation,
and to do such other matters and things pertaining to the of-
fice, as may be required of him by the ordinances and by-
laws of said corporation. M hoi(i real
Sec. 4. That the said corporation is hereby made capa- estate.

212

ble in law, to take, and hold to themselves and their succes-
sors, any lands, tenements, hereditaments, and the rents,
issues, and profits thereof, which may be necessary for the
erection of any market-house and other public buildings to
promote the interest and public good of the citizens of said
town, and the same to sell, grant, and dispose of, if neces-
sary, and to sue and be sued, plead and be impleaded, an-
swer and be answered, in any court whatever; and that
all acts, sales or deeds, heretofore made or granted by the
board of trustees, by and under the sanctions and provisions
of the former acts of incorporation, are hereby confirmed.
Duties and Sec. 5. That the trustees aforesaid, and their successors,

powers of trus-or a majority of them, shall have full power and authority
to ordain and establish such rules and regulations for their
government and direction, and for the transaction of the
business and concerns of the corporation, as they may
deem expedient, and to ordain and establish, and put into
execution, such by-laws, ordinances and regulations, as
shall seem necessary for the government of said corpora-
tion, and for the management, control, disposition and ap-
plication of its corporate property, and generally to do
and execute all and singular such acts, matters and things
which, to them, may seem necessary to do, and not con-
trary to the laws and constitution of this State.
Further duties Sec. 6. That the said trustees shall have power to levy
and powers. an(j conect a tax^ not exceeding one per cent, on lots, ex-
clusive of improvements, and personal property in said
town, according to valuation; to tax public shows, and
houses of public entertainment, taverns, groceries and
stores, for the purpose of making and improving its streets,
* and keeping them in repair, and for the purpose of erect-
ing such buildings and other works of public utility, as the
interest and convenience of the inhabitants of said town
may require, and the circumstances render proper and ex-
pedient; and said trustees may adopt such modes and means
for the assessment and collection of taxes, as they may,
from time to time, fix upon and determine, and to prescribe
the manner of selling property, when the tax levied upon
it, is not paid: Provided, however, no sale of any town
lots or other real property, shall be made, until public no-
tice of the time and place shall be given, by advertisement,
in the newspapers, or at four public places, at least fifteen
days previous thereto.
Further pow- Sec. 7. That the trustees of said town, or a majority of
them, shall have power to preserve good order and harmo-
ny in said town, to punish open indecency, breaches of the
peace, gambling, gaming houses, horse racing, shooting,
and all disorderly houses, and riotous meetings; to remove
obstructions in the streets and public ways, and all nuisan-

ers

213

ces; for which purpose, they may make such by-laws and
ordinances as to them may seem expedient, and not incon-
sistent with any public law of this State, and impose fines
for the breach thereof; which fines shall be recoverable be-
fore any justice of the peace residing in said town; and all
suits and judicial proceedings, under this act, shall be
brought in the name and style of the president and board
of trustees of the town of Mount Carmel.

Sec. 8. That all lots of land or parcels of ground in said Certain dona-
town, termed or called donation lots, which have been con-tio.ns vestedil>
veyed by the original proprietors thereof, or other persons, sau
to the inhabitants of said town, in their aggregate capaci-
ty, or to any person or persons in trust for them, or for
their use and benefit; and all funds raised, or to be raised,
by the sale of donation lots, or otherwise, whether for the
erection of school houses, academies, or places of public
worship, are hereby declared to belong to, and to be vest-
ed in said corporation, and shall be under the management
and direction of the trustees aforesaid, and their successors,
and applied in furtherance of the objects intended by the
proprietors or donors thereof.

Sec. 9. That the trustees may, by themselves, or an May adjust
agent to be by them appointed, settle, adjust, transact and certahl ^rti.cles
finish all business, matters and things growing out of, and ° associa ou*
pertaining to any articles of association heretofore enter-
ed into by and between the original proprietors of said
town, or any agent for them, and the inhabitants or pur-
chasers of lots therein, or any person in trust for them,
and when thus done and performed, said articles, so far as
they effect said corporation, shall altogether cease and be
void.

Sec. 10. That it shall be the duty of any justice of the Duties of ju«-
peace residing; in said town, and he is hereby authorized tices of peace

1 . j i • , i i . | • ,i in relation to

and empowered, on complaint being made to him on oath offenders,
of the violation of any law or ordinance of said corpora-
tion, to issue his warrant, directed to the town constable,
or any authorized county officer, to apprehend the offender
or offenders, and bring him or them forthwith before him,
and after hearing the evidence, if it shall appear that the
said accused has been guilty of the violation of any such
law or ordinance of the corporation, to impose such fine
or imprisonment as shall be pointed out in such law or or-
dinance: Provided, such fine shall not exceed fifty dollars,
and imprisonment not exceeding fifteen days: Provided,
however, That writs of certiorari and appeals shall be
granted from judgments under this act, as in other civil
cases; and in all criminal cases, the defendant shall be en-
titled to an appeal to the circuit court, by entering into
bond or recognizance, as the case may require, before the

214

justice of the peace within twenty days after the rendition

of the judgment, with such securities, and in such an

amount as the justice may think right and proper.

Lots sold for SEC. \\, That when any town lots or real estate shall be

taxes, subjcrt j^ f taxeg fry virtue of this act, the same may be re-

to redemption. J . . J

deemed, at any time, within two years irom the date 01
such sale, by the owner of said property, or his, or her
agent, executor, or administrator, paying to the treasurer
of said town, for the use of the purchaser of said proper-
ty, the full amount of purchase money, with interest, at
the rate of twenty-five per cent, per annum, together with
the costs accruing thereon.

Sec. 12. That all ordinances of said trustees, shall be
fairly written out, signed by the clerk, and published in a
newspaper printed in the town, or posted up at three of the
most public places in said town, and no ordinance shall be
in force until published as aforesaid.

Fees of justices Sec. 13. That justices of the peace, and constables, who
are required to render services under this act, shall be en-
titled to the same fees, and collect them in the same man-
ner, as now is, or hereafter may be provided by law.

President may Sec. 14. That the president, or any two of the trustees,
shall have power to call a meeting of the board, by giving
one day's previous notice thereof, and a majority shall con-
stitute a quorum to do business, but a minority shall have
power to adjourn from time to time, and compel the atten-
dance of absent members. And in the event that the no-
tice of an election is not given as required in this act, or
from any other cause, that an annual election should not be
holden at the proper time, it shall be lawful for the late
clerk of the board, or any two qualified voters in said town,
at any time thereafter, to give notice, as aforesaid, of the
time and place of holding a special election, and the trus-
tees elected at such special election, shall have all the pow-
ers conferred by this act. All acts, and parts of acts, com-
ing within the provisions of this act, are hereby repealed.
This act shall take effect from and after its passage.

Approved, Jan. 31, 1835.

and constables.

call meetins ol
the board.

In force Feb. AN ACT to Incorporate the Town of Lawrcnceville.
12, 183.}. J

Boundaries de- Sec. 1. Be it enacted by the people of the State of Illinois,
fined. represented in the General Assembly, * That the following is

hereby declared to be the boundaries of the town of Law-
renceville, in Lawrence county, that is to say, one square

215

mile, laid out by lines running due north and south, east
and west, and the centre of the public square in said town
of Lawrenceville, to be the centre of said square mile; and
the inhabitants of said town, and all within said boundaries incorporated,
shall be, and are hereby constituted a body politic and cor-
porate, by the name and style of "The Trustees of the
town of Lawrenceville," and by that name, they, and their
successors, shall be known in law, have perpetual succes-
sion, sue and be sued, plead and be impleaded, defend and
be defended in courts of law and equity, and in all matters
and actions whatsoever, may grant, purchase, and receive,
and hold property, real and personal, within the said town,
and no other, (burial grounds excepted;) and may lease,
sell, and dispose of the same for the benefit of the town,
and may lease any of the reserved lands which have been
appropriated by the original proprietors to the use of said
town, and may do all other acts as natural persons, may
have a common seal, and break and alter the same at plea-
sure.

Sec. 2. The corporate powers and duties of said town, Corporate pow-
shall be vested in seven trustees, (to be chosen and appoint- ersvested 'm
ed as hereinafter directed,) who shall form a board for the se^611
transaction of business.

Sec. 3. The members composing the board of trustees, Elected anna-
shall be elected by the persons residing within said town "%■
and incorporated limits, (qualified to vote for representa-
tives to the legislature,) to serve for one year; they shall
be at least twenty-one years of age, citizens of the United
States, and inhabitants of said incorporated limits.

Sec. 4. That the board of trustees shall appoint their Shall appoint a
president and all other officers of their board, and shall be president.
judges of the qualifications, elections, and returns of their
own members; a majority shall constitute a board to do
business, but a smaller number may adjourn from day to
day, may compel the attendance of absent members, in
such manner, and under such penalties as the board may
provide; they may determine the rules of proceeding, pun-
ish their members for disorderly conduct, and by the con-
currence of two-thirds of the whole number elected, expel
a member, and make such other rules and regulations for
their own government, as to them may seem proper and
expedient.

Sec. 5. That the board of trustees shall have power, by Duties and
ordinance, to levy and collect taxes upon all real estate Powers of U,1S-
within the town and limits of the corporation, not exceed-
ing the one-half of one per centum upon the assessed value
thereof, except as hereinafter excepted; to make regula-
tions to secure the general health of {he inhabitants; to pre-
vent and remove nuisances; to establish night watches;

216

erect lamps in the streets, and lighting the same; to regu-
late and license ferries within the corporation; to provide
for licensing, taxing and regulating merchants; to improve
and preserve the navigation of the Embarrass river with-
in the corporation; to regulate auctions, taverns, groceries
and pedlars, theatrical and all other shows, and amusements;
to restrain and prohibit gaming houses, bawdy houses, and
other disorderly houses; to establish and repair bridges; to
establish and regulate markets; to open and keep in repair
streets, avenues, lanes, alleys, drains and sewers, and to
keep the same clean; to provide for the prevention and ex-
tinguishment of fires; to dig wells and erect pumps in the
streets for the convenience of the inhabitants; to regulate
the police of the town; to regulate the election of the town
officers, and fix their compensation, and from time to time
to pass such ordinances as to carry into effect the objects
of this act, and the powers hereby granted, as the good of
the inhabitants may require, and to impose and appropriate
fines and forfeitures for the breach of any ordinance, and
provide for the collection thereof; and that in all cases ari-
sing under this act, or growing out of the by-laws and or-
dinances made in pursuance of this act of incorporation,
any justice of the peace within said corporation, shall have
jurisdiction to hear and determine the same, and an appeal
may be taken, and writs of certiorari allowed from any
such decision, in the same manner as now is or hereafter
may be provided by law, for appealing from judgments of
justices of the peace.
May levy ami SEC. q. That upon the application of the owners of two-

ta^cmah.1 thirds °! tlle fl'0nt °f the l0tS °n ally Street 0r Parts °f a

cases. street, it shall be lawful for the board of trustees to levy

and collect a special tax on the owners of the lots on said
street or parts of a street, according to their respective
fronts, for the purpose of grading and paving the side walks
on said street.
Further powers Sec. 7. The board of trustees shall have power to regu-
o( trustees. iate5 grade, pave and improve the streets, avenues, lanes
and alleys within the limits of said town and corporation,
and to extend, open, and widen the same, making the per-
son or persons injured thereby adequate compensation; to
ascertain which, the board shall cause to be summoned
twelve good and lawful men, freeholders and inhabitants of
said town, not directly interested, who (being first duly
sworn for that purpose) shall inquire into, and take into
consideration, as well the benefits as the injury which may
accrue, and estimate and assess the damages which would
be sustained by reason of the opening, extension, widening
of any street, avenue, lane or alley, and shall, moreover,
estimate the amount which other persons will be benefited

217

thereby, and shall contribute towards compensating the
person injured, all of which shall be returned to the' board
of trustees, under their hands and seals, and the persons
who shall be benefited, and so assessed, shall pay the same
in such manner as shall be provided, and the residue, if
any, shall be paid out of the town treasury.

Sec. 8. That the board of trustees shall have power, by
ordinance, to regulate, and cause to be cleared off, all the
limber, undergrowth, and rubbish on such parts of the
town as have been laid off into town lots, at the expense
of the owners of said lots, and may cause the same to be
sold to defray such expense.

Sec. 9. All ordinances shall, within one month after they ah ordinances
are passed, be published in some newspaper printed in or to be published.
near the place, or be posted up in six of the most public
places in said town for two weeks at least before taking
effect.

Sec. 10. That when any real estate in said town of Law- Real estate sold
renceville, shall have been sold by the authority of the cor- subject to re-

■■» ocmntion

poration thereof, the same shall be subject to redemption
in the same manner as is provided by the authority of this
State.

Sec. 11. That the members of the board of trustees, and Trustees and
every officer of said corporation, shall, before entering; on oth.er officei'a

i i r i • ry i ,i rr .- 1 r to be SW'Ol'H,

the duties of his office, take an oath or affirmation, before
some judge or justice of the peace, to support the consti-
tution of the United States, and of this State, and faithful-
ly to demean themselves in office.

Sec. 12. That a town constable, or constables, shall be Ma}' appoint
appointed as other officers of the corporation, who shall *°™n consta-
possess the same powers and perform the same duties with-
in said town, as the constables in the different townships
possess in their respective townships, and shall be entitled
to the same compensation.

Sec. 13. That the incorporation shall be divided into two Divided into
wards, and more, if the trustees deem it necessary; all east two v'ards-
of Main. street, to compose one, and all west of said street
to compose another; and if more be made, the trustees
shall make the same matter of record, and publish the
bounds thereof, and each ward shall elect at least two trus-
tees, and five trustees shall constitute a board to do and
transact business.

Sec. 14. That the foregoing provisions of this act, shall When this to
take effect as soon as they shall have been accepted by the take effect-
inhabitants of said town, and not before, in manner follow-
ing, viz: An election shall be held on the first Monday in
May next, to be conducted by the judges of elections of
the 'town, at which all voters qualified as heretofore descri-
bed, shall be entitled to vote either for or against this charter;

218

and if a majority of all the votes given be for the charter,
then the said judges shall determine the time and place of
the first general election, which shall not be more than one
month, nor less than two weeks, after the acceptance of the
charter, and shall publish notice thereof for at least ten
days before the day appointed for such election; but if the
charter shall not be accepted as aforesaid, the said judges
of elections may, from time to time, whenever they shall
be petitioned to that effect by a majority of the household-
ers residing within the limits of said town and corporation,
cause an election to be held as aforesaid, until the charter
shall be accepted, giving at least ten days previous notice
of such election; and when this charter shall be accepted
as aforesaid, they shall then proceed as hereinbefore provi-
ded, and the trustees who shall be elected at the first gen-
eral election, shall continue in office for one year, and until
their successors are duly elected and qualified: Provided,
That the General Assembly may repeal, alter, modify, or
amend this act at pleasure.

Approved, Feb. 12, 1835.

In force Feb. AN ACT to Incorporate the Carini Bridge Company.

C'armi bridge Sec. 1. Be it enacted by the people of the State of Illinois,
company incov- represented in the General Assembly, That Josiah M'Knight,
George R. Logan, Charles J. Wilman, Nathaniel Blackford,
Samuel D. Ready, Thomas Kerney, and John Phipps, with
their associates, be, and they are hereby created a body
politic and corporate, by the name and style of "The Car-
mi Bridge Company," for the purpose of erecting and con-
structing, at Carmi, a bridge across the Little Wabash river,
and they and their associates and successors shall continue
and have perpetual succession, and by that name and style
are hereby made as capable in law as natural persons, to
contract and be contracted with, to sue and be sued, to
plead and be impleaded, in this State, in all courts of law
or equity; to make, have and use a common seal, and the
same to break, alter or amend at pleasure; and they and
their successors shall have the power to purchase and hold
as much real estate as will be necessary for the site of said
bridge, abutments, toll houses, and suitable avenues leading
to the same; also, to borrow any money, not exceeding
the capital stock mentioned in this act, but not to have the
privilege of loaning money, or issuing bills or notes upon
banking principles; also, the power to'ordain and establish

•219

such by-laws, ordinances and regulations as shall be neces-
sary for the well-being and government of said corpora-
tion, not incompatible with the laws of this State or of the
United States.

Sec. 2. The capital stock of said company shall consist Capital gtock.
of five thousand dollars, to be divided into shares of ten
dollars each, to be subscribed for or sold in the manner
hereinafter mentioned: Provided, if the amount above
stated is insufficient to complete the bridge, it may be in-
creased to a sufficient sum to accomplish that purpose.

Sec. 3. Within six months after the passage of this act, Cooks of sub-
the persons before named, or a majority of them, shall scriPtlon V3 h°
cause books for the subscription of stock of said company shTmonths. '"
to be opened at such places and times as they may direct,
which books shall be kept open, under the directions of
such persons, or a majority of them, for such length of
time as they may order.

Sec. 4. When one hundred and fifty shares shall have President and
been subscribed, the said persons, or a majority of them, dil'ectors elecN
shall advertise a meeting of the stockholders at Carmi, giv- ec'
ing at least ten days notice of the time and place of said
meeting, and the stockholders shall thereupon proceed to
the election of a president and six directors, wrho shall be
shareholders; and such of the before mentioned persons
who shall not be shareholders, shall cease to be members of
said corporation; and the said shareholders shall also pro-
ceed to ordain and adopt such by-laws for the permanent
organization and government of said corporation, as they
may deem needful, at which meeting each shareholder shall
be entitled to one vote for each share, to the number of -fif-
ty, and one vote for every three shares above fifty; and at
all the subsequent elections, or general meetings of the
stockholders, the shares in said company may be voted for
by proxies duly recorded.

Sec. 5. The president and directors, chosen in conformi- Shall be elected
ty to the provisions of the foregoing sections, shall hold annually.
their office for one year next succeeding such election, and
until others are chosen in their places; and the stockhold-
ers shall annually meet in the town of Carmi, the Saturday
preceding the expiration of the year for which the said
president and directors were elected, at some place to be
designated by said president and directors, and then pro-
ceed to the election of a president and six directors, who
shall be shareholders, and hold their offices for one year,
and until their successors shall be elected as aforesaid; pub-
lic notice shall be given of such meetings or elections, by
the clerk or secretary of the company, at least fifteen days
previous thereto. At the annual meetings a statement of
the affairs of the company shall be made out by the p.resi-

T20

of stork.

May appoint
treasurer and
other officers.

dent and directors, and presented to said meeting, and sueli
dividend of the profits be declared as may be deemed advi-
sable.
President and Sec. 6. The concerns of the said corporation shall be un-
directors to re- der the control, superintendence, and management of said
quhe payment president and directors; and the president and three direc-
tors shall constitute a quorum to transact business, or in
the absence of the president, any four directors, one of
whom shall act as president pro tern, with power to fill
any vacancy in the board, occasioned by death, resigna-
tion, or otherwise. The president and directors, after they
shall have been duly elected as aforesaid, may make such
assessments on the shares of said company, as are subscri-
bed, payable at such periods as they may deem advisable,
with such conditions of forfeiture for non-compliance, not
exceeding the amount of stock delinquent, as they may
deem proper. They are to open or renew the subscrip-
tions for shares not already subscribed, or sell them ; and al-
so, any forfeited shares as they may think best for the com-
pany: Provided, That no stock shall be sold by them for
less than par value thereof.

Sec. 7. It shall be the duty of the president and direc-
tors, to appoint a clerk, and to cause a record of their pro-
ceedings to be kept; they may also appoint a treasurer, and
other officers or agents, as they may deem needful for the
proposed undertaking, and to allow them such pay or com-
pensation as they may agree on; to make contracts, and do
all things necessary to carry the aforesaid object into im-
mediate effect and execution; and to require, or take such
bonds or other surety, in their corporate capacity, from
any person or persons, they may so appoint or contract
with; and any vacancy filled up by the board of directors,
shall continue until the next annual election, by the elec-
tion of other shareholders.

Sec. 8. The said permanent bridge shall be erected so as
to permit the passage of boats, and rafts of timber of the
largest size and heighth, at the highest stage of water in
the river, with a space between two of the abutments, of
at least thirty feet; and when so erected and comple-

ted, the president and directors shall have a right to fix
rates of toll for passing over said bridge, and to collect the
same from all and every person or persons passing thereon
with their goods, carriages, wagons, or animals'of even-
kind or description: Provided, they shajl be allowed to
demand or collect no higher toll than the following rates,
to wit: For each one horse wagon, sulky, or carriage,
twenty-five cents; for each two horse wagon, or carriage,
thirty-seven and a half cents; for each wagon or carriage,
drawn by three or more horses, oxen or mules, sixty-two

Bridge how
constructed

2*>I

and a half cents; for a man and horse, six and one-fourth
cents; for each person crossing on foot, three cents; for
cattle, mules, asses, and horses, per head, three cents; for
all other animals, such as swine, sheep, or goats, two cents
per head.

Sec. 9. If any person or persons shall wilfully or know- Persons injur-
ingly do any act or thing whatever, whereby the said '"s said bu('£e-
bridge, or any thing thereto belonging, shall be injured or
damaged, the said person or persons so offending, shall for-
feit and pay three times the amount of damages sustained,
with costs of suit, recoverable before any court of compe-
tent jurisdiction; and any person or persons, who shall pass
or attempt to pass said bridge without paying the toll, or
tendering it, if there be any person or persons present to
receive it, shall forfeit and pay three times the amount of the
toll or tolls which he, she, or they were liable to pay for pass-
ing said bridge, recoverable before any justice of the peace
in this State; and if any person or persons shall wilfully
set fire to said bridge, or burn the same, or any part there-
of, such offenders, with their aiders and abettors, shall be
guilty of arson.

Sec. 10. The certificates of stock in said company, shall Certificate of
issue in such form and manner, and be transferable, as may stock*
be designated by the by-laws of said company.

Sec. 11. This act shall cease to have effect, if stock shall Bridge uotcom-
not be taken to the extent of one hundred and fifty shares pletc<1 \vit'".n 3

... r 11-11 ,• t i ii years, loiteits

within one year irom the lourtn day ot July next, and the tiie charter,
bridge be completed so far as to be passable within three
years from that period.

Sec. 12. It shall be sufficient service of process on the Process how
corporation hereby created, to execute a summons on the sened-
president or secretary of said company, and process so
executed, shall authorize judgment at the first term, as in
other cases, if no appearance shall be entered or plea filed.

Sec. 13. It shall be the constant duty of said company,
from time to time, to remove all drift, or timber of any de- ,
scription, which may lodge against any of the abutments
or pillars of said bridge; and if they fail herein, they shall
be liable to a fine of ten dollars for every forty-eight hours
it is suffered to remain, after allowing reasonable time for
the removal of the same, to be recoverable by indictment
or presentment in the White circuit court; and shall, more-
over, be liable for any injury sustained by any person in
consequence thereof.

Sec. ,14. The legislature reserves the right to amend this Reservation by
charter, so as to secure the navigation of the Little Wabash legislature.
free from any injury.

Sec. 15. The county commissioners' court of White county, County of
is hereby authorized and empowered to subscribe for and on Whlte may

22'2

■abscribe for behalf of the county, such number of shares as it, in its
8tock" discretion, may deem proper; and shall, in case of actual

subscription, pay the same out of any money in the coun-
ty treasury not otherwise appropriated, and be entitled to
all the rights and privileges of other stockholders, authori-
zing and directing the clerk of said court, by order entered
of record, to act for them and on their behalf.
County com- Sec. 16. The said president and directors shall keep an
missioners of exact account of their expenditures in erecting said bridge;
purchase said and the county commissioners' courts shall have power to
bridge. purchase said bridge at any time, by paying the full amount

of the cost of the same, and in case the bridge shall be pur-
chased by said court, the corporation hereby created, shall,
within one year thereafter, be dissolved, and said bridge
forever after be and remain a free bridge.

Sec. 1 7. At all meetings of a quorum of the board of di-
rectors, a majority thereof shall have full authority to ex-
ercise all or any of the powers conferred by this act upon
the board of directors.

Sec. 1 8. Nothing in this act shall be construed so as to
authorize said company to obstruct the ford across the Lit-
tle Wabash river at Carmi.

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

Approvep, Feb. 6, 1835.

AN ACT for the Construction of the Illinois and Michigan

Canal.

Governor au- Sec. 1. Be it enacted by the people of the State of Illinois,

thorized to no- represented in the General Assembly, That the Governor of
gotiate a loan tj -g gtate |je an(j jie js hereby authorized and empowered

tor the con- . ' J r

stmction of s.aid to negotiate a loan, solely on the pledge ot the canal lands
canal. and tolls, as hereinafter provided, for the purpose of aiding,

in connection with such other means as may be hereafter
received from the government of the United States, in the
construction of the Illinois and Michigan Canal, a sum of
money not exceeding five hundred thousand dollars, which
shall be required to be paid at such times, by instalments,
as the same may be needed in the progress of the said work,
as near as the same can be estimated.
Shall cause cei- Sec. 2. The Governor shall cause to be constituted cer-
tificates of stock tificates of stock for the said loan, to be called the "Illinois
and Michigan Canal Stock,"' signed by the Auditor and
countersigned by the Treasurer, bearing an interest not ex-
ceeding live per cent, per annum, payable semi-annually,

2*23

at Vandalia, or at some bank in the city of New York, or
either, as may be agreed upon, and reimbursable at the
pleasure of the State, at any time after the year one thou-
sand eight hundred and sixty.

Sec. 3. The Governor shall take and use all proper means Stock transfer
and measures for the transferring of the said stock. lcd-

Sec. 4. It shall be deemed a good execution of the said Certificate? of
power to borrow, for the Governor to cause the said Certi-stocktobu si-
licates of stock, when created, to be sold: Provided, That Proviso.
the said stock, shall not, in any case, be sold for less than
its par value.

Sec. 5. It shall be the duty of the Governor to cause the Money when
said moneys, from time to time, when paid or advanced, to advanced to be

ii • i • r i i -i i z-i L i r deposited in

be deposited in some sale bank or banks, until wanted lor some bank,
use, at the best interest that can be obtained for it, to be
drawn out as hereinafter provided, taking therefor the pro-
per securities for the safe keeping of the same.

Sec. 6. The money thus loaned, the premiums arising from What shall
the sale of any stock thus created, the proceeds of the canal constitute the
lands and town lots, and all of the moneys in any way ari-
sing from the contemplated canal, shall constitute the canal
fund, and shall be used for canal purposes, and for no other Used for canal
whatever, until the said canal shall have been completed: purposes only.
Provided, That nothing herein contained shall be so con- Proviso.
strued as to prevent appropriations from being made, out
of the said fund, for the semi-annual payment of the intrest
upon the canal stock herein authorized to be created; and
the Governor is hereby authorized to cause the said interest
to be paid out of the said fund.

Sec. 7. That the revenue arising from the "Illinois and Pledges for pay-
Michigan Canal," and from the lands granted, or that may mentofloan-
hereafter be granted to the State of Illinois by the congress
of the United States, for the construction of the said canal,
and the nett tolls thereof, are hereby pledged for the pay-
ment of the interest accruing on the stock that may be
created in pursuance of this act, and for the reimburse-
ment of the principal of the same.

Sec. 8. The Governor of the State, by and with the ad- Governor to
vice and consent of the Senate, shall appoint five practical, aPPoiut ,a board

, -,,. i . iiii ii o! canal coni-

skiltul persons to constitute a uoard, to be known under the missioucrs.
style and description of "The Board of Commissioners of
the Illinois and Michigan Canal,'' and he shall designate one
of such commissioners to be President thereof, one to be
Treasurer, and one to be Acting Commissioner; and the
Governor shall fill such vacancies as may occur in tiie
board during the recess of the legislature.

Sec. 9. The Governor shall have power to remove from May remove
office any canal commissioner at his discretion. theeame from

Sec. 10. The acting commissioner shall be allowed a

'2U

Compensation salary of twelve hundred dollars per annum, and the rest
of commission- 0£ tjje boart] snajj each be allowed a compensation of three
dollars per day while necessarily employed Jn the business
of the canal.
Declared a bo- Sec* 11. The said board of commissioners is hereby con-
ch- corporate, stituted a body politic and corporate, with full power and
authority, in their corporate name, to contract and be con-
tracted with, sue and be sued, defend and be defended,
plead and be impleaded, in all the matters and things rela-
ting to them as canal commissioners; and they shall have
and use a common seal of such device as the Governor may
direct.
Shall appoint a ^Ec« 12. The board shall appoint a secretary, whose duty
secretary. it shall be to keep a true record of all of their proceedings.
They shall hold quarterly meetings, and special meetings
whenever any two of them, or the acting commissioner,
may desire it, and any three of them shall constitute a quo-
rum to do business.
Shall be sworn. Sec. 13. Before entering upon the duties of their office,
each of the said commissioners shall make oath or affirma-
tion faithfully, honestly and truly to execute and discharge
all the duties and obligations herein imposed upon them,
and each of them, as canal commissioners; and they shall
bonds616 severally give bonds to the Governor in the sum of ten

thousand dollars, with sufficient sureties, for the faithful
discharge of the duties imposed upon them by this act:
Proviso. Provided, That the Governor may, at any time, require

additional bonds of the said treasurer, whenever he may
think that the safety of the funds require it.

When pay- Sf.c. 14. Whenever all or any part of the money upon

...ems o,< con- any ccmtract shall become due,* it shall be the duty of the

tracts become , J , , , • , 7 , , ., c < ,.

due. treasurer to draw his warrant or check therefor, in favor

of the contractor, upon the bank or banks in which the
canal fund shall have been deposited; which warrant or
check, shall be countersigned by the acting commissioner,
and shall be under the seal of the board.

Cashier of de- Skc. 15. It shall be the duty- of the acting commissioner
ponta bank to lo obtnin from th cashier 0f tjie bank or banks, in which
make a qua;- , . . c . . ., . ... ',

tciiy report to the said fund shall have been deposited, a quarterly report,
the acting com- exhibiting a true account of all moneys received in depo-
missioner. sjte on accomit 0f t|ie canal fund? and' paid out of the said
fund during the previous quarter, which report shall be laid
before the board of canal commissioners, and within twen-
ty days thereafter, shall be examined by the said board, and
Tobecompa- compared wilh the accounts of the treasurer, and an entry
red withthe ac- shall he made in the books of the said board, that the said
rreasnref.11'0 exara"™tion has been made by them, and that the two
amounts correspond, if such be the case, and each commis-

225

sioner present shall sign his name to the record of such ex-
amination.

Sec. 16. It shall be the duty of the acting commissioner, Duties of the
1st: To make, under the direction of the board, all neces- actlllg comm,s-

SlOllG V .

sary contracts for the supply of materials, and the perfor-
mance of labor.

2d: To inquire into the official conduct of the agents,
clerks, superintendents, and all subordinate officers, and to
receive and hear all complaints that may be preferred
against them.

3d: To enforce the faithful execution, by all persons con-
cerned, of the duties and obligations imposed upon them
by this act.

4th: To examine, frequently and carefully, into the state
of the canal, and the progress of the works thereon.

5th: To have the immediate care and superintendence
of the canal and all matters relating thereto.

Sec. 17. The said canal shall not be less than forty-five Dimensions of
feet wide at the surface, thirty feet at the base, and of suf- the canaJ-
ficient depth to insure a navigation of at least four feet, to
be suitable for ordinary canal boat navigation, to be sup-
plied with water from Lake Michigan and such other sour-
ces as the canal commissioners may think proper, and to*
be constructed in the manner best calculated to promote
the permanent interest of the country.

Sec. 1 8. They shall take efficient and proper measures immediate
for the immediate construction of the said canal; shall put measures shall
such parts of it, as they may deem proper, under contract, coiSuciraf3
as herein provided, and shall have the general care and su-
perintendence thereof.

Sec. 1 9. They shall inspect and examine into the ac- Commissioners
counts, books, state of the treasury, and all of the pro- t0 examine ac*

• • COUlltS 01 tl'GcL"

ceedings of the treasurer, and of the acting commissioner, surer and acting

Sec. 20. They shall furnish the acting commissioner with commissioner,
all proper means and facilities that may be necessary to
enable him to discharge the duties herein imposed upon him.

Sec. 21. They shall have full power and authority, in
their good judgment, to do, in relation to the construction
and completion of the .said canal, all things not otherwise
herein expressly provided for.

Sec. 22. It shall be lawful for them to enter upon and May enter up-
use any lands, waters, streams, and materials of any de- on lands' &c"
scription, necessary for the prosecution of the works con-
templated by this act.

Sec. 23. They may employ such, and so many agents, May employ
engineers, surveyors, draftsmen, and other persons, as they sj-ich asents M
may judge necessary to enable them to discharge their du- n^™^' eem
ties as commissioners, and may pay such compensation as
they shall judge reasonable to each person so employed.

226

Notice to be gEc. 24. Public notice shall be given of the time and

given of tune piace at which proposals will be received for entering into

and place ol i r r ■ , . o

entering into contracts; which notice shall be previously published, lor
contracts. at least six weeks, in the newspaper printed at Chicago,
and in such other papers, either in this State or elsewhere,
as may be deemed proper.
Proposals to be Sec. 25. Proposals for contracts shall be sealed, and shall
sealed. ^e for a sum definite an(i certain, as to the price to be paid

or received, and shall be accompanied with good and suffi-
cient security for the faithful performance of such contract.
Shall take se- gEC> oQ. The commissioners shall not enter into any con-
jpevforawnce6 of tra°t for the supply of materials, or the performance of la-
aii contracts, bor, without previously taking satisfactory security for the
faithful performance of such contract, according to its terms.
May retain one Sec. 27. The board may, if they think the interest of the
half of amount jgj^g requires it, retain one half the amount due upon any

due upon any L .. , . ,, . . f i

contract. contract, until the contract shall have been completed, at

which time all arrears shall be paid up; and in no case shall
more than three-fourths of the amount due upon any con-
tract, be paid, until the work shall have been completed.
Contracts to be Sec. 28. All contracts concerning the contemplated ca-
madeinwn- naj s}laii De mac[e jn writing, under the seal of the board;
and of each contract, three copies shall be executed by the
parties, one of which shall be retained by the board, and
one shall be immediately forwarded to the Auditor of Pub-
lic Accounts, and by him filed in his office.
Materials pro- Sec. 29. All materials procured, or partially procured,
ITJ^ lOTsaK' under a contract with the commissioners, shall be exempt

CcinuJ^ exempt , . i*i 17 ill r»i

from execution, irom execution; but it shall be the duty of the commis-
sioners to pay the money due for such materials, to the
judgment creditor of the contractor, under whose execu-
tion such materials might have been sold, upon his produ-
cing to them due proof that his execution would have so
attached, and such payment shall be held a valid payment
on the contract.
In case of the Sec. 30. In case of the death of anv canal contractor,
!S£.ofacon"who shall> at the time of his decease," be indebted to any
laborers tor work done on the canal, it shall be lawful for
the board, if they think proper, to pay such laborers but of
any money that may be due to the deceased contractor,
and the receipt of such laborers shall be a good voucher in
offset to the sum due to the deceased contractor from the
board, on the final settlement between them and his execu-
tors and administrators: Provided, That the said person
shall first obtain a judgment against the administrator of
such deceased contractor, and produce a certificate from the
court that the said judgment was rendered for work done on
the canal, or for materials furnished therefor, and for no
other cause.

227

Sec. 31. The board shall, from time to time, make such May »»ake
rules and regulations, not inconsistent with the laws of this i'"1.63 and regl1*
State, in respect to the persons employed about the canal, ning the works
injury done to the said canal or locks, and the management on £aid canal,
and navigation of the same, and impose such forfeitures of
money for the breach of such rules and regulations, as they
may judge reasonable; but no forfeiture imposed, shall, for
a single offence, exceed the sum of fifty dollars, over and
above the amount of actual damage done.

Sec. 32. They shall cause a sufficient number of such Shall cause
rules and regulations to be posted up for public inspection, thp;i1tobePost
and shall transmit a copy of them, from time to time, to the ec up'
Governor, as they may be made in their next quarterly
and annual reports.

Sec. 33. All rules, regulations, and forfeitures establish- Sha11 file the
ed by them as aforesaid, shall be filed in the office of the ™offi™di~
Auditor, and a copy thereof certified by him, under his
hand and seal of office, shall be received in all courts of
law as due proof that such rules, regulations, and forfei-
tures, were by them established.

Sec. 34. The commissioners shall examine the whole ca- Commissioner
nal route, and select such places thereon as may be eligible ^tet raVanai
for town sites, and cause the same to be laid off into town r0ute.
lots, and they shall cause the canal lands, in or near Chi-
cago, suitable therefor, to be laid off into town lots.

Sec 35. They may, from time to time, proceed to sell MaY sel' t>>e
such portions of the town lots, on the canal route, as may sanie'
be necessaiy to pay the interest that may be due upon the
loan herein authorized to be created, deducting therefrom
the premiums that may arise upon the sale of canal stock:
Provided, That none of the said canal lots shall be sold Proviso.
for the next five years, unless the Governor and a majority
of "The Board of Canal Commissioners" shall decide that
it will be for the interest of the canal to do so; and if they
shall determine not to sell, then the Governor shall cause
the interest on the said loan, as it becomes due, to be paid
out of the canal fund, as required in the sixth section of
this act.

Sec 36. Public notice of all sales of canal lots or lands, Public notice
shall be given in such newspapers, (not less than three in of all such sale
number,) either in this, or in other States, as the board may t0 e gne"-
think best, at least six weeks prior to any sale.

Sec 37. All lots shall be appraised prior to the sale there- All lots aPPra>
of, and shall be sold at public auction for cash; but they ^pvior to
shall not, in any case, be sold for less than the appraised
value thereof.

Sec 38. In all sales of canal lots, the secretary and trea- Secretary and

... . . . liiii treasurer to aci

surer shall act as register and receiver, and shajl be govern- as teghtee nnd
ed by the same rules that now govern the registers and re- receiver.

228

ceivers in the United States land offices in this State, ex-
cept as is herein provided.
Treasurer to Sec. 39. It shall be the duty of the treasurer, upon the
grant certi- payment of the purchase money, to grant to the purchaser
chase PUr" or purchasers, a certificate containing a description of the
land or lots purchased, and the price for which the same
was sold, and shall forward a duplicate of such certificates
to the Auditor of the State, who shall record the same;
Governor to and the persons holding such certificate, shall, upon pre-
grant1 patent senting the same to the Governor, receive a patent for the
upon present- jan(j described therein, signed by the Governor, and coun-
vnemofsame. tersjgned by the Secretary of State, with the seal of the

State affixed thereto.
Treasurer to Sec. 40. All moneys paid to the treasurer for the pur-
make deposite. chase of any canal lands or lots, shall be by him immediate-
ly deposited in some bank, under the direction of the Go-
vernor, for the payment of the interest on the canal loan.
Commissioners Sec. 41. None of the board of canal commissioners shall
prohibited from be allowed to purchase any of the canal lands or lots here-
purchasing ca- -n authorized to be sold, nor shall they, or either of them,
in any way, either directly or indirectly, be concerned in
any such purchase, or have any manner of interest there-
in, and all sales in which the said commissioners, or any of
them, shall be in any way interested, shall be absolutely
null and void, the purchase money shall be forfeited, and
the land shall revert to the canal fund. Any commissioner
guilty of a violation of the provisions of this section, shall
be deemed to have perpetrated a fraud, and upon indict-
ment and conviction thereof, in any court having compe-
Penalty. tent jurisdiction, shall be punished by foiieiture of his of-

fice, and fined in a sum not less than one thousand, nor
Proviso. more than five thousand dollars: Provided, That a prose-

cution for such offence shall be commenced within ten
years after the commission of the same.
Combinations Sec. 42. If any two or more persons shall combine them-
at any such saie se]ves together for the purpose of lessening competition at
' the sale of any of the canal lands or lots, or if they shall
agree or have any understanding among themselves, that
they will not bid upon one another at any such sale, for
the purpose of obtaining the said canal lands or lots, at a
low price, the same shall be deemed a fraud, and any per-
son or persons convicted thereof, in any court having com-
Penaity. petent jurisdiction, shall be fined in a sum not less than one

hundred, nor more than one thousand dollars; one moiety
thereof to the use of the person informing, and the other
moiety to the canal fund; and any patent issued for any
lands or lots purchased as aforesaid, shall be absolutely null
and void, the money paid therefor shall be forfeited, and
the lands or lots so purchased, shall revert to the canal fund;

2*29

and it is hereby declared to be the duty of the State's At-
torney to prosecute for all such offences: Provided, That Proviso,
all such prosecutions shall be commenced within ten years
after the commission of the offence.

Sec. 43. The board of commissioners shall, quarterly,^™161'9
viz: On the first Monday of March, June, September, and quarterly re.
December, in each year, make a minute and and particular pons to Gover-
report to the Governor, which report shall set forth, in a nor.
plain and intelligible manner, all of their acts and doings
in relation to the said canal, and the canal lands and lots,
all the money received and expended, the work done, and
the price allowed for the various kinds pf work, the con-
tracts made, with whom made, and the security given, the
number of engineers, draftsmen, clerks, and agents of every
description by them employed, and the amount of compen-
sation paid to each, the progress of the canal, their contem-
plated pltfns for the next three months, with an estimate oi
the probable amount of money that will be required to be
expended for canal purposes during that time; together
with such other matters and things as they may see fit to
add; and also, the amount, time, and rate of any loan made
by virtue of this act, which report, or the outlines thereof, Shall be pub-
the Governor shall cause to be published. r'shef'-

Sec. 44. They shall,' annually, on the first Monday of bWI makeau-
December, make a report to the Governor, setting forth
all their acts and doings in relation to the canal, and canal
lands and lots, during the previous year, in like manner as
is required of them in their quarterly reports, containing
such statements and estimates for the year, as their quar-
terly reports do for the quarter.

7 r Approved, Feb. 10, 1835.

AN ACT concerning Est rays. In force Feb.

Sec. 1. Be it enacted by the people of the State oj Illinois, Duty of person.
represented in the General Assembly, That every person who J£JJ UP e
shall take up any estray horse, mare or colt, mule or ass,
shall, within ten days, take the same before some justice cl
the peace of the county where such estray shall be taken
up, and make oath before such justice, that the same was
taken up at his or her plantation, or place of residence in
said county, and that the marks or brands have not been
altered since the taking up. The said justice shall then is-
sue his warrant to three disinterested housekeepers in the
neighborhood, unless they can otherwise be had, causing
them to come before him to appraise said estray, after they

230

or any two of them being sworn to appraise such estray,
without partiality, favor or affection, which appraisement,
together with the marks, brands, stature, color, and age of
such horse, mare or colt, mule or ass, shall be entered in a
book to be kept by such justice, and certified under his
hand, and transmitted to the clerk of the county commis-
sioners' court of such county, within fifteen days after the
same is taken up; and any person who shall take up any
head of neat cattle, sheep, hog or goat, shall cause the same
to be viewed by some housekeeper of the county w7here the
same shall happen, and shall immediately go with such
housekeeper before a justice of the county, and make oath
before him as is required in taking up an estray horse, mare
or colt, mule or ass, and then such justice shall take from
such housekeeper, upon oath, a particular description of the
marks, brands, color, and age of every such neat cattle,
sheep, hog or goat, and said justice shall cause the said es-
trays to be appraised, in like manner, as is required to be
done in case of a horse, mare or colt, mule or ass; which
description and valuation shall be entered by such justice
in a book to be kept by him as aforesaid, and by such jus-
tice transmitted to the clerk of the county commissioners'
court of the county, to be by him kept as before directed:
Provided, That in all cases where the value of such neat
cattle, sheep, goat or hog, does not exceed five dollars, said
justice shall not be required to make a return to the clerk
as aforesaid; but shall enter in his estray book the descrip-
tion and appraisement value of such sheep, hog or goat, and
advertise the same in three of the most public places in his
neighborhood; and every such clerk shall cause a copy of
such description and valuation of every neat cattle, sheep,
hog and goat, to be publicly affixed at the court house door
of his count)', within five days after the same shall be trans-
mitted to him as aforesaid, for which he shall receive the
same fee as for entering the same in a book : Provided,
That if two or more estrays, of the same species, are taken
up by the same person, at the same time, they shall be in-
cluded in one entry and one advertisement, and in such
case, such justice and clerk shall receive no more pay than
for one of such species: Provided, also, That no person
shall be allowed hereafter to take up and post any head of
neat cattle, sheep, hog or goat, between the month of April
and the first day of November, unless the same may be
found in the lawi'ul fence or inclosure of the taker up, hav-
ing broken in the same; and for a reward of taking up,
there shall be paid by the owner, one dollar for every
horse, mare or colt, mule or ass; and for every head of neat
rattle, fifty cents; and for every hog, sheep or goat, twen-
ty-five rents, together with all reasonable charees.

231

Sec. 2. It shall be the duty of the clerk of the county Duty of county
commissioners' court, when the description and valuation c eiA'
of any estray horse, mare or colt, mule or ass, shall be
transmitted to him by the justice as aforesaid, and in ten
days thereafter, make out a copy thereof, and transmit the
same to the public printer of the State, and endorse there-
on, "Estray papers," together with the sum of one dollar,
to pay the said printer; which sum the taker up is required
to deposite with the clerk prior to the expiration of said
ten days. It shall be the duty of the public printer to pub-
lish said advertisement, and transmit one copy of each
number of his paper to each of the clerks of the county
commissioners' court of the several counties of this State,
free of charge, which shall be regularly filed by said clerks
in their respective offices for the examination of those who
may desire it.

Sec. 3. And if no owner appears and proves his proper- Owner failing
ty within one year after such publication, the property *° appearwith"

*" *'. ■*• 1 1 •'111 0U6 VCELl*-

shall be vested in the taker up; nevertheless, the for- property vested
mer owner may, at any time thereafter, by proving his «" taker up.
property, recover the valuation money, upon payment of
costs and all reasonable charges.

Sec. 4. And if any person shall trade, sell, or take away any Penalty for
such estray or estrays out of the State, for any purpose selllnb' estrays

. . r* . out o( the stittc

whatever, before the expiration of said one year, he or she
so offending, shall be liable to indictment in the circuit
court of the proper county, and on conviction thereof,
shall be fined in a sum double the value of the property,
one half to the owner thereof, and the other half to the
county treasury; and when the owner of any estray head
of neat cattle, sheep, hog or goat, does not prove his pro-
perty within twelve months after the same has been pub-
lished at the door of the court house as aforesaid, and when
the valuation does not exceed five dollars, the property
shall be vested in the taker up; but when the valuation shall
exceed five dollars, and no owner appears within the time
aforesaid, the property shall also be vested in the taker up;
nevertheless, the former owner may, at any time, by pro-
ving his property, recover the valuation thereof, upon pay-
ment of all reasonable costs and charges; and if the taker
up and the owner cannot agree upon the charges, they shall
call upon three disinterested householders, whose decision
shall be binding on both parties; and it shall not be lawful Persons taking
for any person to take up any estray, (except such as shall up estrays shall
be hereinafter excepted,) unless he shall be a freeholder be; household-
er a housekeeper. Any person finding an estray horse,
mare or colt, running at large without any of the settle- Unless found
ments of this State, may take up the same, and shall imme- without any
diately take such estray or estrays before the nearest jus- iettlemcnt-

•23*2

tice of the peace, and make oath that he has not altered
the marks or brands of such estray, since Jaking up; and if
such taker up shall be a freeholder or housekeeper within
that county, it may, and shall be lawful for him, to post
such estray or estrays as hereinbefore directed in this act,
as if the same had been taken up on his plantation or place
of residence; and when the taker up shall not be qualified
as aforesaid, he shall take the oath before required, and de-
liver such estray or estrays, to the said justice, who shall
cause the same to be dealt with as directed by this act; but
if no owner appears to prove his property within one year,
Shall be sold such estray or.estrays shall be sold to the highest bidder,
an(1 giving public notice of such sale twenty days previous

thereto, the purchaser giving a bond and approved securi-
ty, payable to the county commissioners' court of the coun-
ty where such estray shall be taken up, and after paying
Charges of ta- the taker up all reasonable charges, the balance shall be
paid out' of the l)ut mto me county treasury by the said justice, who shall
proceeds. take a receipt for the same from the county treasurer; nev-

Eaianco paid^ ertheless, the former owner, at any time within two years
Treasury.00 " y after taking up, by proving his property before the clerk
of the county commissioners' court of said county, or be-
fore the justice of the peace before whom the property
was taken up, and obtaining a certificate thereof from the
clerk of said court or justice of the peace, to the treasurer,
shall receive the balance aforesaid.
Penalty for jus- Sec. 5. And when any justice of the peace shall fail to
om-'sueh bai-g Pay any money for any estray or estrays to be sold agree-
ance. ably to this act, into the county treasury, within three

months after selling such estray or estrays, such justice
shall forfeit and pay the sum of twenty dollars, with costs,
to be recovered by action of debt, before any justice of the
peace of the county, or other court having jurisdiction
thereof, the one half for the use of the county, and the
other half for the use of any person, suing for the same;
and moreover, be liable to pay the price of such estray or
estrays, with interest thereon.
TWter up not gEC, Qt jf any estray or estrays, taken up as aforesaid,
capes. °' y'm^ die or get away before the owner, shall claim his or

her right, the taker up shall not be liable for the same; and
Penalty for if any person shall take up any estray or estrays, at any
persons taking ot|ier place within the inhabited parts of this State than his

other than on . "■ , . r

their own plan- 01* 1_ier plantation or place oi residence, or without being
tation. qualified as required by this act, he shall forfeit and pay

the sum of ten dollars, with costs, recoverable before any
(. ,"u " ' " justice of the peace of the county where the offence shall
have been committed, and not having property sufficient to
pay such fine, he shall be liable to be confined one month
in the jail of the county where he may be found, being

233

found guilty of such offence according to law; and any per-
son taking up any estray or estrays out of the limits of the
settlements of this State, and failing to comply with the
requisitions of this act, shall be liable to the same penalties;
and if any person, taking up any estray or estrays, of any
species, fails to comply with the requisitions of this act, he
shall, for every such offence, forfeit and pay to the infor-
mer, the sum of ten dollars, with costs, recoverable before
any justice of the county where such offence shall be com-
mitted;- one half to the use of the county, and the other
half to the use of the person suing for the same.

Sec. 7. That if any person or persons shall hereafter S^JjJSJ^1"
stop, or take up any keel or fiat boat, ferry flat, batteau, craft,
perogue, canoe, or other vessel or water craft, or raft of
timber, or plank, found adrift on any water course within
the limits, or upon the borders of this State, and the same
shall be of the value of five dollars or upwards, it shall be
the duty of such person or persons, within five days there-
after, (provided the same shall not before that time be pro-
ven and restored to the owner,) to go before some justice
of the peace of the proper county, and make affidavit in
writing, setting forth the exact description of such vessel
or craft, when and where the same was found, whether
any, and if so, what cargo was found on board, and that the
same has not been altered or defaced, either in whole or in
part, since the taking up, either by him, her or them, or by
any other person or persons, to his, her or their knowledge;
and the said justice shall thereupon issue his warrant, di-
rected to some constable of his county, commanding him
forthwith, to summon three respectable householders of the
neighborhood, if they cannot otherwise be had, whose duty
it shall be, after being sworn by said justice, to proceed
without delay, to examine and appraise such boat or vessel,
"and cargo, if any, and make report thereof, under their
hands and seals, to the justice issuing such warrant, who
shall enter such appraisement, together with the affidavit of
the taker up, at large in his estray book; and it shall be the
further duty of said justice, within ten days after the said
proceedings shall have been entered in his estray book as
aforesaid, to transmit a certified copy thereof to the clerk
of the county commissioners' court of his county, to be by
him recorded in his estray book, and filed in his office. Where the

Sec. 8. In all cases where the appraisement of such boat value thereof,
or water craft, including her cargo, shall not exceed the twenty dollars,
sum of twenty dollars, the taker up shall advertise the
same on the door of the court house, and in three of the
most public places in the county, within ten days after the
justice's said certificate shall have been entered on the re-
cords of the count v commissioners' court, and if no person

234

shall appear to prove and claim such boat or water craft,
within six months from the time of taking up as aforesaid,
Where it does the property in the same shall vest in the taker up; but if
exceed twenty tjie va]ue thereof shall exceed the sum of twenty dollars, it
shall be the duty of the clerk of the county commissioners1
court, within twenty days from the time of the reception
of the justice's said certificate at his office, to cause an ad-
vertisement to be set up on the door of the court house,
and also a notice thereof to be sent to the public printer as
aforesaid, who shall publish the same as aforesaid; and if
the said vessel be not claimed and proven within six months
from said advertisement, the same shall be vested in the ta-
ker up; nevertheless, the former owner may, at any time
thereafter, recover the valuation money by proving his pro-
perty, allowing to the taker up a reasonable compensa-
tion for his trouble, and costs and charges.
Fees of the dif- Sec. 9. In all cases where services shall be performed by
ferent officers in any officers or other person or persons under this act, the
esnay cases. f0vfowmg fees or compensation shall be allowed, to wit: To
the justice of the peace for administering oath to the taker
up or finder, making an entry thereof, with the report of
the appraisers, and making and transmitting a certificate
thereof to the clerk of the county commissioners' court, fif-
ty cents; to the clerk or justice for taking proof of the own-
ership of, and granting a certificate of the same, twenty-five
cents; for registering each certificate transmitted to him by
any justice as aforesaid, twelve and a half cents; for adver-
tisements, including the newspaper publications, fifty cents
in addition to the cost of such publication; to the constable
for each warrant so served on appraisers, twenty-five cents;
and to each appraiser the sum of twenty-five cents; which
said fees shall be paid by the taker up to the person enti-
tled thereto, whenever said services shall be rendered. All
which costs and charges shall be reimbursed to the taker up
or finder, in all cases where restitution of the property shall
be made to the owner, in addition to the reward to which
such person may be entitled for taking up as aforesaid.

Sec. 10. If any person shall act contrary to the duties
enjoined by this act, for which no penalty is herein before
pointed out, the person so offending shall, on conviction
thereof, forfeit and pay for every such offence, not less than
five nor more than one hundred dollars, to be sued for in the
name of the proper county, before any justice of the peace
or other court having cognizance thereof.
Acts repealed. Sec. 11. The following acts, viz: "An act concerning
water crafts found adrift, lost goods, and estray animals,"
approved, January 31st, 1827; and "An act to amend an
act concerning water crafts found adrift, lost goods, and
estray animals," approved, January 22d, 1829; and also.

•235

"An act to amend an act entitled an act concerning water
crafts found adrift, lost goods, and estray animals," appro-
ved, February 14, 1831, be, and the same are hereby re-
pealed; but rights acquired and liabilities incurred under
the acts hereby repealed, are not affected or impaired by
this act.

Approved, Feb. 9, 1835.

REPORTS

TREASURER AND AUDITOR,

GENERAL ASSEMBLY,
DECEMBER, 1834.

TREASURER'S REPORT.

Treasurer's Office,
Vandalia, 4th December, 183
SIR—

. In conformity with the law requiring a biennial Report from the
Treasurer, I have the honor to submit to the General Assembly, the
accompanying statement of the transactions of this Office, from 1st
December, 1832, to 30th November, 1834, inclusive; which presents
the monthly receipts and disbursements, and an account current,
showing on what account the receipts and payments were made, and
the balance remaining in the Treasury on the last mentioned day.
All of which is respectfully submitted.

JOHN DEMENT, Treasurer.
The Honorable,

The Speaker of the Senate.

238

Report of Receipts and Payments at the Treasury of the State of Illinois,
from 1st December, 1832, to 30th November, 1834, inclusive.

RECEIPTS.

1832

1833
u

a
a
«

December

January

February

March

April

1834

a
a
u

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

10,235 83

14,580 03

36,906 74

1,489 05

964 98

258 51

1,053 75

2,193 21

14,566 54

6,428 00

542 49

240 33

2,958 08

14,341 96

973 22

17,963 06

1,791

572

469

3,105

7,135

1,569 90

328 11

Am't rec'd in Treasury on

30th November, 1832,
Am't of redemption money

received in Treasury, 1st

December, 1834,

89,459 46

51,289 91

5,447 14

877 96

147,074 47
146,777 81

296 66

PAYMENTS.

1832

183S

u
u
u

a
a
it

1834
u
u
c;
u
a
u
u
c;
a
u

December

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

6,876

16,940

10,228

27,133

2,771

1,054

2,832

7,935

3,222

3,757

4,299

1,241

88,293 64

2,194

17,524

1,432

6,533

4,152

1,403

2,895

6,389

3,033

4,428

1,401

7,095

58,484 17

146,777 81

JOHN DEMENT, Treasurer.

239

John Dement, State Treasurer, in account with the State, of Illinois.

RECEIPTS.

To amount of balance in the Treasury on 30th
November, 1832,

" amount of taxes paid into Treasury from
30th November, 1832, to 30th Novem-
ber, 1 834, inclusive,

" amount received from the sales of Vandalia
lots during the same time,

" amount received from sheriffs during the
same time,

" amount received of school fund during same

time

late

" amount received from State paper funded
during same time,

M amount received for debts due the State
Bank and Branches during same time,

" amount received from sale of Vermilion sa-
line lands during same time,

" amount received from sale of Gallatin saline
lands during same time,

" amount received from Ohio saline lands du-
ring same time,

" amount received from James Hall,
Treasurer,

" amount received from sale of canal lands
during same time,

" amount received from sale of Seminary
lands during same time,

" amount received from County Commission-
ers' Clerks,

" amount received from James B. Campbell,
Treasurer of Canal Commissioners,

To this amount, add Redemption money remain-
ing in Treasury on 1st December, 1834, as
charged in Redemption account below,

5,447

42,208

230

21,496

32,087

3,790

6,893

11,686

1,983

1,163

571

312

3,215

13,158

1,950

146,196 5T

877 96

147,074 47

JOHN DEMENT, Treasurer.

240

PAYMENTS.

By amount of Auditor's Warrants paid from

30th November, 1832, to 30th Novem-

be, 1834, inclusive,
" amount of taxes refunded on lands redeem

ed, during same time,
.** amount of interest on State paper and refund

during same time,
« amount of interest on State paper when

funded during same time,
" amount of funded Stock redeemed during

same time,
" amount of interest on funded Stock, re

deemed during same time,
" amount of interest on State paper paid into

Treasury on account of State Bank du-
ring same time,
" amount of interest on Loan of $100,000

during same time,
" amount of State paper burned during same

time,
" amount paid Wm. H. Brown, Levi Davis

and James Whitlock, for services in set

tling accounts of James M. Duncan, late

Cashier of State Bank,

Balance in the Treasury on 1st December, 1834,

106,270

1,854

746

171

16,362

166

15,090

5,897

174

[146,777
296

147,074 47

REDEMPTION ACCOUNT.

To balance of Redemption money in Treasury!
on 30th November, 1832,
" amount of Redemption money received from1

James Hall, late Treasurer,
" amountof Redemption money received from,
30th November, 1832, to 30th Novem-'
ber, 1834, inclusive,

50 06

878 64

6,160 92

7,089 62
From the same, deduct the amount of Redemp-
tion money paid out from 30th November,!
1832, to 30th November, 1 834, inclusive, 6,21 1 66

i 877 96
JOHN DEMENT, Treasurer

AUDITOR'S REPORT.

State of Illinois, Auditor's Office J
Vandalia, 4th December, 1834. \

The Honorable Speaker

of the House of Representatives :
SIR—

In pursuance of the law requiring a biennial Report of the Auditor of
Public Accounts, I have the honor of submitting the enclosed Statements, num-
bered 1 and 2, showing the Receipts and Expenditures, at the Treasury, during
the two preceding years, ending with the last day of November, 1834.

I am, very respectfullv,

JAMES T. B. STAPP, Auditor.

NO. 1.

Total amount of Receipts and Expenditures at the Treasury, from the 30th day
of November, 1832, to the 1st day of December, 1834.

ON WHAT ACCOUNT RECEIVED. AMOUNT. AMOUNT.

Amount remaining in the Treasury on the 30th day of

November, 1832, . $5,447 14
Amount received from non-residents from the 30th of

November, 1832, to the 1st day of December, 1834, 42,208 41

Amount received from Sheriffs during the same time, 21,496 81

Amount received from the sales of Vandalia Lots, 230 81
Amount received from the sales of Vermilion Saline

Lands, 11,686 71
Amount received from the- sales of Gallatin Saline

Lands, 1,983 46

Amount received from the Agent of the Ohio Saline, 1,163 09
Amount received into the Treasurv for debts, due the

State Bank and Branches, 6,893 79

Amount received from the sales of Canal Lands,. 312 50

Amount received from the sales of Seminary Lands, 3,215 24

Amount received from the Revenue Clerks, 13,158 72

Amount received of the School Fund Commissioners, 32,087 81

242

Amount received of James Hall, late Treasurer, 571 84

Amount received of James B. Campbell, late Treasurer

of the Canal Commissioners, 1,950 00

Amount of State paper funded at the Treasury, inclu-
ding interest allowed on the same, 3,790 18

146,196 51

To this sum, add the amount of Redemption money in

the Treasury on the 1st day of December, 1834, 877 96

Total amount, $147,074 47

From the above sum, deduct the following payments out
of the Treasury, viz:

Amount of Audited Warrants paid at the Treasury from

the 30th Nov. 1832, to the 1st Dec. 1834, * 106,270 61

Amount of funded stock redeemed, 16,362 33

Amount of interest paid on State paper and money re-
funded, 746 58

Amount of interest paid on funded stock redeemed at

the Treasury, 44 43

Amount of interest allowed on paper funded at the

Treasury, 171 08

Amount of taxes refunded on lands sold for taxes and

redeemed. 1,854 46

Amount of State paper burned from the 30th Novem-
ber, 1832, to the 1st of December, 1834, 5,897 50

Amount of interest paid on the loan of $100,000, to

the 1st day of January, 1835, 15,090 50

Amount of interest allowed on State paper, paid into

the Treasury on account of the State Bank, 166 82

Amount paid William H. Brown, Levi Davis and James
Whidock, for their services in settling the accounts
of James M. Duncan, late Cashier of the State Bank, 174 00

146,777 81

Leaving a balance in the Treasury on the 1st day of

December, 1834, of $296 66

REDEMPTION ACCOUNT,

Amount of Redemption monev remaining in the Trea-
sury on the 30th November", 1832,

Amount received of James Hall, late Treasurer,

Amount of redemption money received from the 30th
Nov. 1832, to the 1st of December, 1834,

From this sum, deduct the amount of redemption mo-
ney paid out during same time,

Leaving Redemption monev in the Treasury on l«t

lumber, 1834, $87? ^

$50 06

878 64

6,160 92

7,089 62

6,211 66

243

Amount of Audited Warrants drawn upon the Treasury from the 30th November,
1832, to the 1st day of December. 1834, for the Current Expenses of the
State, and charged to the following accounts, viz:

ON WHAT ACCOUNT DRAWN. AMOUNT.

The General Assembly Session 1832 & 1833, $27,790 03

The Judiciary, ' 9,893 70

The Governor, 2,128 76

The Secretary of State, 1,829 72

The Auditor and Clerks, 3,485 00

The Treasurer and Clerks, 3,255 58

The Attorney General, 616 08

Circuit Attorneys, 1,749 44

Special Appropriations, 18,753 31

The Penitentiary, 6,161 00

The Militia, 530 00

Appropriations for Bridges, 300 00

Appropriations for Roads, 2,298 64

Incidental Expenses, 1,625 82

State House, 575 17

Contingent Fund, 8,297 88

Agent of the Ohio Saline, 350 00

Postage, 868 50

Warden of the Penitentiary, 715 05

Contingent Fund for the Penitentiary, 800 00

Interest on Funded Stock, 2,054 87

Appropriation for the Wabash River, 5,000 00

The Penitentiary Inspectors, 364 00

The Counties on the Military Tract, 8,950 00

AMOUNT.

-$108,390 55

$2,741 60
28,283 80

Amount of outstanding Warrants against the Treasury,

on the 1st of December, 1834,
To which add the amount of the School Fund Warrant

against the Treasury,

From this sum, deduct the amount of money remain-
ing in the Treasury on the 1st December, 1834,

Leaving a balance against the Treasury on the 1st day
of December, 1834, of

The following are the sums due to the State:
From Sheriffs, which become due on the first Monday

in March next, 23,302 82

From Clerks, which become due on the first Monday

in April next, 12,502 34

31,025 40

296 66

$30,728 74

Total,

$35,805 16

The State op Illinois, Auditor's Office, j
Vandalia, 4th December, 1834.

JAMES T. B. STAPP, Auditor Pub. AcHs.

104 00

200 00

214

NO. 2.

A Statement of the amount drawn from the Treasury on account of the Con-
tingent Fund, from the 20th November, 1832, to the 1st December, 1834.

To Warrants to Messis. Whiteside and Snyder for conveying Indian

prisoners to Ottawa, $153 16

" to Messrs. Whiteside, Moore and Reynolds, for services in ta-
king an account of, and ascertaining the extent of the Indian
disturbances, 50 00

" to Messrs. Hopkins, Brown and Moore, for conveying Indian
prisoners to Ottawa,

" to M. Wood for bearing express during the late Indian war,

« to H. Evans for mending press for State Sea',

u to S. and J. Francis for printing notices, &c, for raising
troops in the late Indian war,

" to John Messinger ill part for his services in" surveying and
establishing Northern boundary line of this State,

" to Messrs. Greiner and Sherman for printing proclamations for
Governor,

« to John Dickerscn for repairs of Secretary's office,

" to Robert Peeples for transportation of public arms from

Shawneetown to Danville, 45 20

" to John Marshall for drayage and storage of public arms, 12 76

" to William Porter for an abstract of lands entered at Spring-
field, furnished the Auditor,

" to James Whitlock for recording for State,

" to Quarter-Master General for cleaning public arms,

" to John Y. Sawyer for printing,

" to A. M. Brailey for services in establishing Northern boun-
dary of this State,

" to S. C. Christy for storage of public arms,

" to Robert Goudy for binding laws of Congress,

" to John Messenger for services in establishing Northern boun-
dary line of this State, »

" to Thos. Reynolds for services in collecting Stato arms,

" to James B. Campbell for storage and taking care of public
arms,

" to John Hewit for carrying a message to Governor of Mis-
souri demanding a fugitive from justice,

" to E. Breath for advertising notice in relation to State arms,
and proclamation offering a reward for the apprehension of
Payne, and Adjutant-General's notice for return of ap-
praisement rolls, &e.,

" to Greiner and Sherman for printing 1000 copies of journals
General Assembly, session 1832 and 1833,

" to Robert Goudy for binding journals of Congress and laws
of New York,

" to Thomas Reynolds for services in collecting State arms,

" to William Mitchell for transporting State arms from Spring-
field to Alton,

" to R. K. Fleming for printing Governor's proclamation for ap-
prehension of N. Payne,

400 00

141

347

1,417

29 40
138 00

10 00

16 00

2,448 00

75 00

108 00

63 60

64 13

200 00

30 00

245

to John Y. Sawyer for printing the Governor's address in
relation to cholera,

to James Clark for transporting State arms from Macomb to
Beardstown,

to Wm. H. Brown and John Tillson for money paid into the
Treasury to pay the interest on loan,

to S. Beaird for services as a messenger to the Governor of
Missouri, to demand fugitive from justice,

to Wm. G. Brown, Wm. Mitchell and John McLemore for
transporting State arms to Alton,

to John Ewing for services in collecting State arms,

to Sam'l C. Pierce for cleaning and repairing State arms,

to J. S. Berry for services in going to the Governor of Ken-
tucky to demand fugitive from justice,

to Thomas Philips for transporting arms from Ottawa to Alton,

to Greiner and Sherman for blank sheets furnished for bind-
ing laws, 10 00

to Martin'W. Dorriss for services in going to Governor of Mis-
souri to demand fugitives from justice, and expenses in trans-
porting said fugitives to Quincy, 200 00

to S. Beaird in full for services in going to the Governor of
Missouri to demand certain fugitives from justice, 25,00

to John Y. Sawyer for printing general order in relation to
arms, &c,

to Doolittle and Munson for seal for Auditor's office,

to Wm. Thomas for postage paid on school land patents,

S. C. Sherman and John Y. Sawyer for printing an Act of the
legislature of Indiana, in relation to the improvement of the
Great Wabash river,

S. P. Gorin for freight and charges on a map of N. Carolina,
sent to the Governor,

to T. C. Kivkman for recording the Plat of the town of Van-
dalia,

to R. Goudy for binding journals and laws of different States,

to A. P. Field for expenses in sending a draft to St. Louis in
favor of commissioners of school fund, and for stationery for
Secretary's office,

to C. Jones &, Co., for publishing Governor's proclamation for
apprehension of N. Payne,

to Jacob Judy, Geo. W. Waters and Levi Davis, in part, for
services in selecting Seminary lands, 150 00

to R. K. Fleming for printing Governor's proclamation for an
election for Congressman in the 1st Congressional District, 5 00

to John Y. Sawyer tor do. 20 00

to S. C. Pierce for articles furnished for repairing and clean-
ing State arms, 30 15

to Levi Davis, Geo. W. Waters and Jacob Judy, for services
as commissioners in selecting Seminary lands, 327 00

to E. Capps for transporting two muskets from Springfield to
Vandalia, 50

to R. Blackwell, Harvey Lee, William Linn, John Hall, Archi-
bald Henry, James Black, James E. Howell, and Wm. J. Hen-
ry, for materials furnished and work done on the State-house, 501 31

3 00

48 25

4 00

52 00

4 75

20 00
73 62

23 00

4 50

•246

to W. B. Scates for legal services in three cases against Jas.

M. Duncan, late Cashier,
to J. H. McLemore for transporting State arms from Vandalia

to Alton,
to Wm. G. Brown for transporting State arms from Vermilion

county to Alton,
to Buxton and Wolford for publishing Governor's proclamation

for an election for member of Congress in 3d district,
to J. Bradley for services and expenses in collecting State

arms,
to James M. Morse for repairing Treasurer's and Secretary's

offices,

Total, $8,297 88

Auditor's Office, Illinois,)
Ath December, 1834. \

JAMES. T. B. STAPP, Auditor.

50 00

36 00

160 00

3 00

150 00

9 00

INDEX.

PAGE

APPROPRIATIONS— An act making partial 1

For the years 1835 and 1836 ib

Heretofore made, changed 43

To Champaign county ib

" Green " 44-50

" Wabash " 44

" Wayne " 49

" Edwards '•' ib

" Randolph " 155

" Macoupin " 155-6

" Montgomery " ib

ATTORNEY, STATE'S— Office of, declared elective 44

Vacancies how filled ib

AUDITOR— To settle with bank collectors 59

" furnish county clerks list of taxable lands in their counties 135

ALLEN, WILLIAM— An act for the relief of 69

APPEALS — Allowed from county commissioners to circuit court 152

Appellant to give bond ib

Jurisdiction of circuit court in such cases 53

Allowed in Qui Tarn actions ib

ALTON — Marine and fire insurance company incorporated 186

Extent and nature of incorporation ib

Capital stock $25,000 187

May be increased ib

Deemed personal property ib

Commissioners for procuring subscriptions ib

Objects and powers of the corporation 188

Directors to be elected ib

Shall choose a president 189

What shall constitute a board ib

Power to make by-laws ib

Meetings how called ib

Directors shall make dividends 190

Prohibited from dealing in merchandize ib

Capital how invested ib

In case of losses greater than amount of capital 191

Directors to publish annually the amount of capital ib

Shall lay a statement of their affairs before the legislature ib

Act declared public ib

ALTON — Hotel company incorporated 208

Power and objects of the incorporation ib

248

ALTON— (continued.) page.

Capital stock 208

May give promissory notes ib

Directors to be elected annually 209

Their powers ib

Commissioners appointed to open books for subscription ib

Stock declared personal property 210

Directors shall make dividends ib

When to go into operation ib

Act declared public ib

Alton college incorporated 177

Incorporation of the town of, amended 172

BANKS — An act to incorporate the bank of the state of Illinois 7

Amount of capital stock 7

May be increased ib

Subscribers to the stock incorporated - ib

Extent of the incorporation ib

Nature of the incorporation ib

Real estate to be held by said bank ib

Prohibited from dealing in merchandize 8

May have a com in on seal ib

Principal bank where located ib

Commissioners to receive subscriptions to capital stock ib

Length of time for books to be kept open 9

Concerns of said bank how managed ib

Election of directors when and where to be held ib

Number of votes that each stockholder shall be entitled to 10

Election to be by ballot ib

Election of president 11

General meeting of stockholders when held * ib

Authorized to borrow money ib

May loan the same ib

When to commence business ib

Directors to require payment of sums subscribed and unpaid 12

Shall give notice of such payments ib

All evidences of debt obligatory on said corporation ib

Rates of interest allowed ib
Notes in circulation not to exceed twice and a half the capital stock 13

Refusal to redeem evidence of debt ib

Stock assignable ib
When the amount of stock reserved to the state shall be subscribed for ib

Directors shall make dividends of the profits ib

Expenses incurred by commissioners how paid 14

This act to be deemed a public act ib

Conveyances shall be signed by the president ib

Shall not issue bills for less than five dollars ib

Stock to be deemed personal property ib

Bonus to the state ib

An act to exted the charter of the bank of Illinois 15

Collectors to settle with auditor and treasurer 59

Debtors, an act for the relief of 67

BAKER, EZRA— Authorized to build a mill dam at Coffee Island 47

Height of dam 48

When said dam to be finished ib

BOYER, HENRY— Act for the relief of the securities of, repealed 77

BIG MUDDY— Declared navigable 56

249

PACK

BRIDGES — An act to amend an act authorizing James Nabb to build across

the Embarrass 80

Kirkpatrick and Hick authorized to build across Saline creek 81

Ransom Higgins " " " » Bon Pas 83

Samuel Musick " " " « Salt creek 84

Timothy Hale and others " " " •' Little Calimic 85

Peoria bridge company incorporated 181

Carmi " " " 218

CANAL LANDS — Penalty for trespassing upon 34

CIRCUIT JUDGES— Salary of 165

Authorized to appoint masters in chancery 32

COURTS — An act fixing the time of holding supreme and circuit 167

" establishing an uniform mode of holding circuit courts 150

" special term in Fayette county 33

COUNTIES— Line between Perry and Franklin established 37

Perry, boundaries of . ib
Fulton, sheriffs to pay residents' taxes into the county treasury 38
Randolph, seat of justice of, permanently located 58
County commissioners authorized to refund taxes by them col-
lected through mistake 142
Adams, seat of justice removed 38
Iroquois, seat of " established 46
Tazewell, commissioners appointed to locate seat of justice of 54
Alexander, seat of justice, location of, confirmed 142
Public property to be sold in the town of America ib
Rock Island, county seat of, established 159
Morgan and Sangamon, line between, established 62
St. Clair, an act concerning revenue for 1829 68
Jasper, organized 154
Mercer, " 156
Green, appropriations to 44
Wabash,

Wayne,

Edwards,

Randolph,

Macoupin

Montgomery,

ib
49
ib

155
ib

156

COUNTY TREASURER— Duty of, in relation to non-residents' lands 51

RECORDER & SURVEYOR— Made elective 61
Heretofore appointed, to continue in office until their

successors are qualified ib
Recorders superseded in office, to be paid for books 62

To give bond 166

COLLEGES— Illinois college incorporated 177

M'Kendrean college incorporated ib

Jonesboro' college incorporated 178

w^lton college incorporated 177

CLOCK PEDLARS— Mode of granting license to 63

Prohibited from selling without license ib
32

250

CLOCK PEDLARS— (continued.) page

Amount of license 63

Duty of county officers in relation thereto 64

CONSTABLES— To be elected in each justice district 29

CURTIN, DANIEL— An act for the benefit of 70

CLAUSON, LEWIS J.— An act for the relief of 77

COUNTY COMMISSIONERS— Conveyances by 46

Of Edgar authorized to re-locate a part of the Chicago road 119

Of Randolph and Perry required to refund certain taxes 142

Of Pike authorized to sell certain property 149
Authorized to increase the number of election precincts in

their respective counties 29 1

CARMI BRIDGE— Company incorporated 218

DISTRICTS — An additional justice district formed in Sangamon county 139 '
Election to be ordered by county commissioners ib

Term of service of persons elected 140

ENCLOSURES— An act regulating 144

Owners of animals breaking lawful fence 7 liable fe-r damages ib

Sufficiency of fence to be proven on trial ib
Persons injuring animals, when an unlawful fence? liable for

the same 145

Owner to be notified of animals trespassing ib

ELECTIONS — An act to amend an act regulating 141

The county commissioners' courts of the several counties may

divide their counties into election precincts at pleasure
May appoint constable to attend elections
His duty and compensation
Of county recorders and surveyor
To be elected every four years-
Election how to be conducted
Vacancies how filled
Contested elections

Compensation to clerks and judges of elechons
Special in Sangamon county
Of state's attorneys
Precincts increased in Morgan, Madison, and Green

ESTRAYS— Act concerning

Duty of persons taking up estrays

Duty of county clerks

Owner failing to appear within one year, the property vested

in taker up
Penalty for selling estrays. out of the state

•251

ESTRAYS— (continued.) *£°*

Persons taking up estrays, shall be householders £*i

Shall be sold .

Charges of the taker up to be paid out of the proceeds lb

The balance to be paid into the county treasury lb
Penalty for justice not paying over such balance

Taker up "not liable for escapes »J
Penalty for persons taking up other than on their own plantation lb

How recovered *

Duty of takers up of water craft £*J

Fees of the different officers in estray cases 2*4

ELDER, CLAIBORNE— Act to change the name of 80

FERRIES— Willman and Weed authorized to establish across the Little

Wabash Jj

FAYETTE COUNTY— Act for the relief of the sheriff of 7»

FIRE COMPANIES— An act for their incorporation 174

Authorized to make by-laws id

Declared bodies politic and corporate 175

Exempted from militia duty ib

G4LLATIN SALINE— An act concerning the lessees of

Relatino- to the superintendent thereof ^o

Required to settle with the auditor within two months lb

GALLATIN COUNTY— An act for the benefit of the sheriff of 72

GASSAWAY, WILLIAM— An act for the benefit of ib

GALENA— Town of, may be incorporated

HALE TIMOTHY & OTHERS— Authorized to build a bridge across

' Little Calamic oo

HIGGINS, RANSOM— Authorized to build a bridge across Bon Pas

INCORPORATED TOWNS— An act concerning the trustees of 175

May appoint town constable j

His duty j7@

Shall give bond .,

Powers conferred on said trustees

INCORPORATIONS— Of the bank of the stale of Illinois
Of the bank of Illinois (extended)
Of the Vincennes and Chicago rail road company
Of religious societies , 179

Of the St. Clair turnpike road company (amended) 172

Of the town of Alton -7„

Of the Wabash navigation company J^|

Of fire companies ,~7

Of the Alton college ib

Of the Illinois college „

Of the McKendrean college

Of the Jonesboro' college 2

Of the Jacksonville female academy

Of the Rushville and Beardstown turnpike road company ^
(amended)

7
21

88
147

252

INCORPORATIONS— (continued.) page

Of public libraries 181

Of the Peoria bridge company jb

Of the Carmi bridge company 218

Of the Jacksonville and Meredocia railroad company 197

Of supplement to same 185

Of the Alton marine and fire insurance company 186

Of the Alton hotel company . <■ 208

Of the Mount Carbon coal company 194

Of the town of Chicago (changed) 204

Of the town of Mount Carmel 210

Of the town of Lawrencevilie 214
Of the board of commissioners of the Illinois and Michigan

canal 224

IROQUOIS COUNTY— Seat of justice of, established 46-

ILLINOIS COLLEGE— Incorporated 177

ILLINOIS & MICHIGAN CANAL— Act for the construction of 222
Governor authorized to negotiate a loan on the pledge of the

lands and tolls jb

" shall cause to be constituted certificates of stock ib

" to take efficient means for the transferring of said stock 223

" to cause the stock to be sold ib
" to cause the money, when borrowed, to be deposited in

some bank ib
The money borrowed, canal lands, tolls, &c. to constitute canal

fund ib
Governor may appropriate money out of said fund for the pay-
ment of the interest on said loan ib
Revenue from canal lands to be pledged for the payment of said

loan ib

Governor shall appoint five commissioners ib

" may remove the same from office ib

Acting commissioner, compensation to ib

His duties - 225

Commissioners constituted a body corporate 224

Governor shall appoint secretary ib

" to take oath and give bond ib

When payments on contracts become due ib
Cashier of the deposite bank to make quarterly reports to the

acting commissioner ib

To be compared with the accounts of the treasurer ib

Dimensions of the canal 225
Commissioners to examine account of treasurer and acting

commissioner jb

" may enter upon lands for materials ib

" may employ agents, &,c. ib

" to give notice of time and place of entering into contracts 226

Proposals to be sealed ib

Shall take security for the performance of all contracts ib

Contracts to be made in writing ib

Materials procured for canal, exempt from execution ib

In case of the death of a contractor ib

253

ILLINOIS & MICHIGAN CANAL— (continued.) pagr
The board may make rules and regulations concerning the

works on said canal 227

" shall cause them to be posted up ib

" shall file the same in the auditor's office ib

" shall select town sites on the canal route ib

" may sell the same ib

Public notice of all such sales to be given ib

All lots appraised prior to such sale ib

Secretary and treasurer to act as register and receiver ib

Treasurer to grant certificates of purchase 228

Governor to grant patents upon presentment of same ib

Commissioners prohibited from purchasing canal lands ib

Combinations at any such sale deemed a fraud ib

Commissioners shall make quarterly reports to governor 229

" shall make annual reports ib

JURORS — Mode of summoning 37

Compensation ib

Fund constituted 38

Sheriff's dutv in relation thereto 144

JUSTICES OF THE PEACE— Jurisdiction of, extended 32

Additional districts formed in Sangamon and Madison 139

Election to be ordered ib

Term of service of persons elected 140

JACKSONVILLE FEMALE ACADEMY— Incorporated 192

Power of the trustees ib

Location ib

Trustees may hold real estate ib

To appoint instructors 193

Treasurer to give bond ib

Act when vacated ib

JACKSONVILLE & MEREDOCIA RAILROAD— Incorporated 197
Nature and extent of incorporation ib
Road to commence within four years 198
Amount of capital stock • ib
Commissioners appointed to receive subscriptions ib
When stockholders shall meet for election of president and di-
rectors ib
Election for directors to be held annually 199
Authorized to hold real estate ib
Voluntary grants and donations ib
Lands and materials entered upon, to be paid for ib
Company may regulate the time and mode of transportation 202
May require the payment of stock subscribed ib
May join with other roads hereafter incorporated 203
Rights conferred upon said corporation ib
Stock deemed personal property ib
May construct a lateral railway ib
May take mortgage on real estate for subscription to capital

stock 185

May take loans, and loan out money ib

May borrow money on pledge of the work ib

254

KIRKPATRICK &. HICK — Authorized to build a bridge across Saline

creek
LIMITATIONS— Of actions

Right of entry barred after seven years
LICENSE — To clock pedlars, how granted

LEECH, SAMUEL— Authorized to build a mill dam across the Little Wa-
bash
LAWRENCEVILLE— Town of, incorporated

Corporate power vested in seven trustees

Their duties and powers

To be elected annually

All ordinances to be published

Real estate sold, subject to redemption

Trustees to be sworn

May appoint a town constable

Divide into two wards

MILL DAMS — Samuel Leech authorized to build across the Little Wabash

Daniel Francisco authorized to build across the Kaskaskia

Thomas Rattan to increase the height of, across Macoupin creek

Ezra Baker, jr., authorized to build at Coffee Island
MARKS & BRANDS — Certain act relating thereto, revived
MORGAN COUNTY— An act for the relief of the sheriff
MASON, JAMES— An act for the benefit of the heir of

Administrators of, authorized to execute deeds in certain cases
MUSICK, SAMUEL— Authorized to build a toll bridge across Salt creek
MACOUPIN COUNTY— Appropriation to
MONTGOMERY " Appropriation to

MERCER « Organized

MOUNT CARBON COAL COMPANY— Incorporated

Nature and objects of the incorporation

Directors to be elected

Their duties and powers

To require payment of stock

And make dividends

Stock declared personal property
MOUNT CARMEL— Town of, incorporated

Election of trustees held annually

May hold real estate

Duties and powers of trustees

Certain donations vested in said trustees

May adjust certain articles of association

Duties of justices of the peace in relation to offenders

His fees

Lots sold for taxes, subject to redemption

President may call meeting of the board

All ordinances to be published

NAVIGABLE STREAMS— Spoon river declared navigable
Crooked creek " «

Big Muddy a u

Snicarty « u

NE EXEAT — Act providing for issuing writs of

PAGB
81

42
ib
63

214

215

217

140

184

155

156

194

195

196

210

211

212

213

214

143
ib
56
50
32

255

PAGE

PRE-EMPTION RIGHTS— Act granting to settlers, on seminary lands

(repealed) 157

PRACTICE— Act to amend the practice act of '27 152

PUBLIC PRINTER— Act relating to 163

All laws, journals, &lc, to be printed by him ib

Prices allowed for printing for the state ib

Shall give bond 164

Compensation for binding 165

PENITENTIARY— Warden to be elected 52

Inspectors of, to sell certain ground 53

Proceeds of sales how applied ib

POOR Act for the relief of 66

When non-residents, how dealt with ib

RELIEF — Acts for the relief and benefit of

John G. M'Donald 64

Daniel W. Beckwith 65

Willard Twiss ib

Securities of Thomas Moore ib

Securities of Timothy Blocker 66

Act for the relief of George H. Beeler ib

" amending an act for the relief of the poor ib

" bank debtors 67

" Thomas Redmond 68

" John Robb ib

« William Allen 69

" John Groves ib

" Clerk circuit & county commissioners of Lasalle county 70

Daniel Curtin

William Spencer

Town of Quincy

Douglass Merrell

William Gassaway

Sheriff of Sangamon county

" Morgan "

" Washington "

" Franklin "

" Gallatin "

" Perry "

" St. Clair «

" Pope "

" Fayette "

" Jackson "

" Union "

the heirs of Willis Snyder

Robert Ritchey

heir of James Mason

Securities of Henry Boyer (repealed)

An act for the relief Lewis J. Clawson

" Randolph county

" Perry "

" Washington "

« St. Clair "

" Monroe "

256

RELIEF — (continued.) page

« " Clinton county 75

« " Fayette " ib

" " Marion " ib

« « Bond " ib

" " Warren " 76

« " Cook " 78

" People of White " 79

RELIGIOUS SOCIETIES— Act concerning 147

May become incorporated ib

Shall have perpetual succession 148

When anv society shall be dissolved ib

RECORDS, PUBLIC— Act concerning 157

State recorder's books to be removed to Rushville ib

County commissioners of Adams to appoint a commissioner to

transcribe certain records 158

Shall take oath ib

His duties ib

Transcripts, when so made, deemed books of record 159

• Certified copies thereof, good evidence ib

ROCK ISLAND COUNTY— County seat established ib

RANDOLPH " Seat of justice permanently located 58

RIGHT OF PROPERTY— Mode of trying, regulated 56

RATTAN, THOMAS— Authorized to increase height of mill dam 45

REDMOND, THOMAS— Act for the relief of 68

ROBB, JOHN " " « ib

RITCHEY, ROBERT " « benefit of , 73

ROADS Act concerning public 129

Roads laid out in this state, declared public • ib
County commissioners vested with general superintendence

thereof . ib

" " lay out road districts ib

" " appoint supervisors ib

Clerk to make out written notices of their appointment ib

To be served by the sheriff" ib

Persons refusing to accept appointment, to be fined 130

County commissioners may excuse persons from serving ib

Supervisors to keep their roads in good repair ib

Penalty for obstructing roads 131
County commissioners may locate roads in their respective -

counties ib

Shall not be less than 30 nor more than 50 feet wide ib

Applications for new roads, how made ib
Applicants shall contribute one day's labor towards making the

same 132

Clerks to furnish supervisors a list of said applicants ib

Failing to work, shall be fined "ib

County commissioners shall appoint viewers ib

Applications for vacating roads, how made ib

Notice to be given of such application ib

County commissioners may remove supervisors from office 133

Persons wishing to have a cart road, how to proceed ib

257

ROADS — (continued.) page
Such road shall not pass through any orchard, garden or yard 134
Number of days each person required to labor on roads ib
Compensation to road viewers 135
County commissioners to levy tax ib
How assessed ib
May be discharged in labor - 136
Auditor to furnish clerk a list of taxable land in their counties 135
Duty of assessor and clerk 136
Delinquent land to be sold ib
Subject to redemption 137
Clerk authorized to receipt for taxes ib
Allowance per day for labor ib
Persons failing to perform road labor to be prosecuted 138
County commissioners may levy tax on personal property ib
Supervisors neglecting to perform their duty, how punished ib
" to give notice of the time and place of commen-
cing work 139
Vincennes and Chicago railroad company incorporated 88
Nature and objects of incorporation ib
When to commence said road ib
Capital stock ib
Commissioners to open books of subscription ib
Directors to be elected 89
" to cause surveys to be made ib
" elections held annually 90
" may hold real estate ib
" to regulate the manner of transportation 93
" to require payments of stock ib
" may construct said road across water courses, roads, &c. ib
" may join with other railroad companies hereafter in-
corporated 94
Rights and privileges of said corporation ib
From Vandalia to Shelbyville, established 87
" Peoria " Chicago 94
" mouth of Ohio to Jonesboro' 95
" Greenville " Vandalia 96
" Bloomington " Chicago ib
« Rushville " Monmouth 97
" Crow's " Musick's bridge 98
" Rushville " Commerce 99
" Mount Vernon " New Nashville 100
" Springfield " Alton ib
« Blair's Ferry " Frankfort 101
" Peoria " State Line 102
" Springfield " Lewiston 103
" Jacksonville " Quincy ib
" Shelbyville « Chicago 104
" Knoxville " New Boston 105
" Paris " State Line 107
" Pekin " Danville ib
" Mount Vernon " Fairfield 108
" Thomas1 " Bloomington ib
33

•258

ROADS— (continued.) page

From Vincennes to Chicago 127-109

" Hillsboro' " Shelby ville 110

" Frankfort " Ohio river ib

" Equality " Mount Vernon 111

" Wabash " the Yellow Banks 112

" Quincy " Macomb 113

" Springfield " Peoria ib

" Lebanon " Ben Johnson's 115

" Vandalia " Golconda lib'

" Palestine " Heath's mill 117

" Shelby ville " Great Wabash 118

" Chicago " Vincennes 119

" Golconda " Pinckneyville » 120

'< Bloomington " Danville 121

" Jonesboro' " Snider 's ferry 122

" Brownsville " New Nashville ib

" Greenville " Carlinville 123

" Macomb " Havana 124

" Equality " Shawneetown 125

" Equality " McLeansboro' 126

" Chicago n Galena 128

SCHOOLS— Act relating to, in township 39 north, 14 east
Inspectors to be elected
Township divided in school districts
Inspectors shall visit schools
Trustees of common schools, how elected
Their duties

Corporate powers conferred upon each school district
Trustees to make report to inspectors
■» Duty of school commissioners

SCHOOL FUND — An act providing for the distribution and application of
Commissioners to provide account books
Accounts how kept
Interest on college and seminary funds to be loaned to school fund

annually
To be distributed to the several counties

" paid to the teachers of schools
Township funds to be separate from the county funds
Commissioners authorized to remove the same from U. S. Bank

into state treasury
State to pay interest on the same at the rate of six per cent.
An act providing for the security of
Form of mortgage
Failure to pay interest or principal
Debts due the school fund from executors to have preference over

all others, except funeral expenses
Commissioners shall give bond annually
Record books, how paid for

Inhabitants of townships who have not returned schedules, au-
thorized to do so
SCHOOL LANDS— Trustees may lease the same
Rents to whom paid
Section sixteen, township 5 south, range 14 west, authorized to

be sold
Commissioners appointed to select lands in lieu of the sixteenth

section in Equality township

259

SCHOOL LANDS— (continued.) page

Their compensation 56

STATE'S ATTORNEYS— To be elected 44

Vacancies in the office of, how filled ib

SNICARTY— Declared navigable 50

SHAWNEETOWN— Act concerning the trustees of 40

Certain powers granted them 41

SHERIFFS— Authorized to sell revised code 141

Of Fulton county, to pay residents' taxes into the county treasury 38

" Sangamon" act for the relief of 72

" Morgan " " " jf>

" Washington " " ib

Franklin " ib

" Gallatin " " " i°

" Perry " " " 73

" St. Clair " " " ib

" Pope " " " ?b

" Fayette " " " ib

SPENCER, WILLIAM— Act for the relief of 71

SNYDER, WILLIS " " benefit of the heirs of 73

SPOON RIVER— Declared navigable 143 -

SALT PETRE CAVES-^Act to provide for the enclosing of 151

TOWNS— Shawneetown, act concerning the trustees of 40

Venus, survey of, vacated 41

Wabonsie, plat of, altered ib

Vandalia, act concerning 60

Galena, may become incorporated 140

Pittsfield and Chester, may become incorporated 150

Alton, incorporation of, amended 172

Chicago, corporate powers of, changed ^04

Mount Carmel, incorporated *jU

Lawrenceville, incorporated ***
TAVERNS— Act to regulate and license (amended) i io*

TRUSTEES— Of incorporated towns, act concerning !<*>

VANDALIA— Act concerning the town of 60

VERMILION SALINE— Act relating to the receiver of o<

WABASH NAVIGATION COMPANY— Incorporation of (amended) 173
WABONSIE— Plat of the town of (altered) ^t;++i0
WlLLMAN & WEED— Authorized to establish a ferry across the L.ittle

Wabash . ,

WILLS & TESTAMENTS— Father of sound mind may dispose ot the cus-
tody of his child during minority
Mother, being sole, may have the same right
Such disposition to vest the person to whom made, with rights ot

guardian i^

Shall have the custody and management of the estate .1b

May be removed by complaint to the circuit court ib

State op Illinois,
Office of Secretary of State.

certi^lhaMhJfn Jleld' SecrfaPuf **** °f the State of I,linois> do hereby
vol iIht a faegMg Pnnted sheets, are true and perfect copies of the En-

rolled Laws deposited m this office. F

Jufy, HwT* Wh6re0f; ? ^^ hei'eUnt° Sign6d my name' at Vandalia> the 16th

A. P. FIELD, Secretary of State,

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

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

See other formats