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

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ILLINOIS STATE LIBRARY 
SPRINGFIELD 

1348 ILLI 1838-39 C ^ '^ 

Illinois. Laws, statutes, etc. 
Laws of the State of Illinois 
passed by the 11th General Assembly 

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THE STATE OF ILLINOIS, 



PASSED Br 



THE ELEVENTH GENERAL ASSEMBLY 



Their Session began and held at Vandalia, on the third of December, one thousand eight 
hundred and thirty-eight. 




PUBLISHED IN PURSUANCE OF LAW, 



VANDALIA: 

William Walters, Publi6 Printer. 

1839. 



L.AWS. 



AN ACT concerning the Public Revenue. 

Sec. 1. Be it enacled by the People of the Slate of Illinois, 
^-epresented in the General Assembly^ That all lands, tenements Real estate 
and hereditaments, situated in this State, claimed by indi- l^eclared sub- 
viduals, or bodies politic or corporate, except such lands as ^^j^^ 
may be owned by societies or corporations for the purposes 
of burying ground, church grounds, and grounds for the use 
of literary institutions, not to exceed ten acres, whether by 
deed, entry, patent, grant, bond for conveyance, or other- 
wise, except lands belonging to the United States, or this 
State, and such other lauds as are exempted from taxation 
by the terms of the compact between this State and the Uni- 
ted States, are hereby declared subject to taxation; also, the 
following personal property, viz: stud horses, asses, jinnies, 
mules, horses, mares, cattle, slaves, and servants of color, 
clocks, watches, carriages, wagons, carts, money actually ai property, 
loaned, stock in trade, and all other description of personal 
property, of the stock of incorporated companies; and for 
the purpose of equalizing the taxes, so that every person shall 
pay a tax in proportion to the value of the property ho or 
she has in his or her possession, the aforesaid property de- 
clared subject to taxation shall be valued according to the 
true value thereof, as hereinafter directed. 

Sec. 2. The Auditor is hereby required to obtain from ,f"".^^^^''''(- ^° 
the several land otRccs of the United States and of this State, j^^j^^j officea 
at which lands lying within this State are sold, abstracts abstracts of 
containing a description of all lands sold at each office, ^''^"'^ ^°''^- 
the dates of sale, and (he names of purchasers; also, maps 
of the several land districts, where such abstracts and maps ' ^ 

have not already been procured, and abstracts containing a 
description of all lands relinquished to the United States. 

Sec 3. The Auditor shall cause to be made for each county. Auditor to 

in a well-bound book, a description of every tract of land '"'^^®^o^"-?-'='^ 
... ' I . 1-11 ^county, a des- 

withm such county subject to taxation, showing the date oi cription of 
sale of each tract, and the name of the purchaser, havingeach tract 
sufficient space between the lines to insert the description of^'jJ'J^^"'''^^' 
a sub-division of every tract; the tract shall be arranged ac-' 



4 LAWS OF ILLINOIS: 

Also to 111- cording to situation, beginning with the lowest number of 

KBt all school ^*^^"^^^^P' '^''§^' ^"^ section; the Auditor shall include in 

kn(isoi(l said list and abstract all lands sold under the authority of 

the Stat'e, which have been granted to the State for school, 

seminary, canal, saline, or other purposes: Provided^ That it 

shall not be necessary for the Auditor to furnish any abstract 

of lands to any county heretofore supplied with the same. 

Listtobede- Sec. 4. The Auditor shall cause to be delivered to the 

A^.fJjt'l!'^. ^^' clerk of the county commissioners' court of the several 

Apnl next. . . . -' 

counties containmg taxable lands, a book made and compiled 
according to the provisions of the preceding section oi this 
subfect'toia^"'^^' ^^ ^^' before the first day of April next: which book shall 
fqpection. be kept and preserved by the said clerks, subject to the 
inspection of any person who may wish to examine the same. 
When a book shall have been furnished as aforesaid, the 
/urnished an- ^"^^^^^ ^^^^* annually thereafter transmit to the said clerks, 
iiually there- on or before the first day of March, a list and abstract of all 
after. lands which may have become subject to taxation wilhin the 

preceding year; whicli list and abstract shall be copied by 
the clerks in the books furnished by the Auditor, and the 
original list and abstract shall be filed and preserved. 
County com- Sr.c. 5. At their March term annually, or so soon there- 
court°"t"^ap- f'-^ter as may be, the county commissioners' courts of the 
point asses- several counties in this State shall appoint one or more 
•ors. competent persons in each county, not exceeding one for 

Duty of as-gj^f.], justice's district, as assessors, whose duty it shall be 
*e8sor.s. to take lis's of the taxable property, and assess the value 

thereof. v»ithin the district designated in the order of appoint- 
ment; eacii assessor, before enteiing upon the duties of his 
appointment, shall take and subscribe an oath or affirmation. 
as follows: I, A. B., do solemnly swear (or affirm) that 1 will 
faithfully and impartially perform the duties required of me 
as assessor of taxable property in the county of 
according to the best of my skill and judgment: the court 
shall designate, in the order of appointment, the district in 
which each assessor shall act. 
Duty of coun- ^.^^ g^ Within fifteen days after the appointment of asses- 
tY clerk, . 1 , 1 i- 1 • • 1 

sors m any county, the clerk ot the county commissioners 

court shall cause to be delivered to each assessor of his 

county a copy of the order of appointment, and a transcript 

from the book received by him from the Auditor, containing 

a list and description of all taxable lands lying within the 

district of said assessor, with the names of the purchasers 

from the United States, or this State, and of the present 

ow^ners, when the same are known. 

Assessor to Sec. 7. Every assessor, upon being notified of his appoint- 

provide ^ ,j,ent as aforesaid, shall provide a book in which to take 

book to take i !• ,- i i .,.,.,.. 

list of proper-down the list ot taxable property within his district, the 

ty- names of the owners, and the value of the property; which 

book shall be ruled and headed in the following form, viz: 



LAWS OF ILLINOIS. 



List of property in the district^ in the county of 

with the names of the owners^ and the value of the property^ 
assessed by A. B. for the year IS 



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Sec. 8. It shall be the duty of each assessor to propeed Assessor to 
^vithout delay, alter being furnished with a list of taxable J^^^jJg^^^'j.JJ* 
lands lying within his district, to take a list of taxable landspertj. 
and town lots, and all other taxable property within his dis- 
trict; he shall call at the place of residence of each owner of 
taxable property for a list of the same; and it shall be the 
duty of each and every person, when called on or applied to by 
the assessor, to deliver to such assessor a list and description 
of all lands, town lots, and other property in his or her pos- 
session, subject to taxation; and the assessor shall, in the pre- -^'^^^'^^or ti> 
.'1 1-1 • 1 . I . 1 S value proper- 

sence o( such person, list the sanrie in his book, and vaue ty 



6 LAWS OF ILLINOIS. 

the same according to the true value thereof, placing the de- 
scription and the value in figures, opposite the names of the 
owner or person listing the same, in the columns of the book 
marked for that purpose. Lands and lots shall be valued 
according to their true value, without regard to the kind and 
character of title, or to any conflicting claims to the same; 
and to enable assessors more effectually to discharge the du- 
ties required of them, they are authorized to administer an 
oath or affirmation to every person listing taxable property, 
peny holder?" '"^ words following. "You do solemnly sweai (or affirm) that 
you will true and distinct answers make to all such questions 
as may be propounded to you on the present occasion, touch- 
ing the quantity and description of taxable property now pos- 
sessed or owned by you." If any assessor shall be unable to 
find the owner of any lands or lots contained in the list furnish- 
ed him by the clerk, he shall value the same according to 
the best information that he can obtain, and shall enter the 
same on his list in the name ol[the patentee or present owner, 
if known: Provided^ The assessor shall not be required to 
enumerate any other kind of personal property in said list 
than is enumerated in the first section of this act, but shall 
ascertain' the aggregate value thereof, and shall set down the 
same in said list. 
Assessor to §j,(.^ 9^ \^ ^^-^gg ^^^y person shall be absent from his or 
ty in the^ab-her place of residence at the time the assessor calls to receive 
senceofown-a list of taxable property, the assessor shall proceed to list 
^^- the taxable property of such person according to the best in- 

formation which he can obtain; he shall also leave a written 
notice at such person's place of residence, with, some mem- 
ber of the family above the age of twelve years, requiring 
such person to attend at a time and place in the district spe- 
cified in the notice, and furnish a list of his or her taxable 
property, and stating also in the notice, that, unless the per- 
son shall attend at the time and place fixed as aforesaid, he 
or she will be charged with the tax upon the property as 
listed by the assessor; and every person attending pursuant 
to such notice shall furnish a list of his or her taxable pro- 
perty, which shall be set down and charged as though the 
list had been furnished in the first instance; and every per- 
son failing to attend as aforesaid shall be charged with taxes 
upon the property as listed by the assessor. 

c . f Sec. 10. If any person shall refuse to deliver to any as- 

feo in case of , 1 1 1 *^ r ^ 1 , 1 • . r 1 • u 

refusal of sessor, when called on lor that purpose, a list 01 his or her 

owner. taxable property as required by law, the assessor shall list 

the property of such person from the best information which 

he can obtain; and such person shall for such refusal be lia- 

Penalty for ble to a penalty of fifty dollars; which may be sued for in an 

refusal, action of debt, in the name of the county in which such per- 

son resides at the time of such refusal, before any justice of 
the peace, or the circuit court of any county in the State: the 
penalty, when collected, shall be paid into the county treasu- 
ry; and it is hereby required of each assessor to furnish the 



LAWS OF ILLINOIS. 7 

treasurer of his county with the names of all persons who ^ Their namea^ 
may have refused to furnish lists of their taxable property as g'Ji ^^ county" 
aforesaid, and the county treasurers are required to prose- treasurer, 
cute all such persons in the manner herein required, and as- 
sessors shall be competent witnesses in all such prosecution: , 
Provided, That nothingin this act, orin the foregoing section, P^o^^o. 
shall be construed so as lo require any person or persons to list 
lands with the assessor, unless he or she has a clear and un- 
disputed title to the same; but in all such cases the land 
shall be hsted by the assessor in the name of the person to 
whom it is patented, or in the name it was entered: And 
provided, also, That persons owning lands may list the same 
in sections, half sections, or other le gal sub-divisions, notwith- 
standing they may have been purchased in smaller tracts. 

Sec 11. Assessors shall finish taking in the list of taxable J'^PfJg ^r 
property on or before the first day of May, annually; and ist May. 
each assessor shall, on or before the said first day of May, 
deliver to the clerk of the commissioners' court of his county 
the abstract of lands furnished him by the clerk, together 
with the original list of taxable property within his district, 
also a copy of said list; the copy shall contain the names of 
all persons owning taxable property within his district, ar- 
ranged and written in alphabetical order; the original list 
shall be filed and preserved by the c!-rk, and a copy shall 
be delivered over to the collector of taxes, as hereinafter 
provided. 

Sec. 12. Any person feeling aggrieved by the valuation Appeal from 
of taxable property by any assessor, may apply to the county o^f!^s3essoJ'°° 
commissioners' court of the proper county; and if the court commission- 
shall be satisfied, either from their own knowledge, or from ers' court, 
the testimony of others, that the valuation of the assessors 
was too high, considered in reference to the actual value of 
the propert}',or in reference to the valuation fixed upon the 
property of others, they shall revalue the said property, and 
fix the value which ought to have been fixed by the assessor; 
but applications under this section shall be made at the June 
term of the county commissioners' court next after the listing 
of the property by the assessor, and not afterwards. At their 
March term annually, or as soon thereafter as may be, the 
county commissioners' courts of the several counties in this 
State shall appoint some suitable person to act as collector, 
who shall, before he enters upon the duties of his oflice, take 
and subscribe the following, oath (or affirmation) to wit: I. Oath of col- 
A. B. collector of the county of in the State of lector. 

Illinois, do solemnly swear (or affirm) that I will faithfully, 
diligently, and impartially, and to the best of my skill and 
judgment, perform the duties required of me by law, as col- 
lector of the said county of . A. B. Collector. ' 

Sworn and subscribed before me, this day 

of 18 

C. D. Justice of the Peace of 
county, of Illinois. 



g LAWS OF ILLINOIS. 

Collector to Said collector, before he enters upon the duties of his of- 
^^'^"'^'^^"'^•fice, shall also execute a bond in a penalty at least double 
the amount of the tax to be by him collected, and with such 
security as the county commissioners shall deem sufficient; 
which bond shall be in the following form, to wit: 
Formofbond. Know all men by these presents, that we, A. B., and C. D. 
and E. F. securities, all of the county of 

and State of Illinois, are held and firmly bound to 
the people of the State of Illinois in the penal sum of 

dollars, for the payment of which well and truly to 
be made, we bind ourselves, each of us, our heirs, executors 
and administrators, firmly by these presents, signed with our 
hands and sealed with our seals, dated at this 

day of 18 

The condition of the above bond is such, that if the above 
bound A. B. shall perform all the duties required to be per- 
formed by him as collector of the said county of 
in the time and manner prescribed by law, and, when he shall 
be succeeded in office, shall surrender and deliver over to his 
successor in office all books, papers, and moneys belonging 
to said county or to the State, and appertaining to his said 
office, then the above bond to be void; otherwise to remain 
in full force, 

A. B. [L.S.] 
Signed, sealed and delivered^ C. D. [i^- s.] 

in presence of G. H. ^ E. F. [l. s.] 

Bond to be Which bond, when approved by the county commisioners' 
'vf"^™fi"^'^^'f^"^'*' ^^ ^^'°''*^^'^^^' ^^^^^^ ^^ entered on the records of the said 
Secremiy of^ourt, and shall be transmitted to the office a^'' Secretary of 
State. State at the seat of Government by the said»iiommissioners, 

by some safe mode of conveyance, with all Qonvenient des- 
patch; and certified copies thereof, under the seal of State, 
i^nci ^^ ^^' shall be admitted as evidence in all courts of record in this 
State; and suit may be commenced on said b nd against the 
said collector and his securities from time to time by the Au- 
ditor, for the use of the State, for any breach thereof at any 
time, until the whole penalty, if necessary, shall be recov- 
ered. The oath required to be taken by the collector may 
be taken before any justice of the peace of the proper 
county. 

Sec. 13. The clerks of the county commissioners' courts 
c^nty co*m-*'^ ^^^ several counties shall, immediately after the June 
missioners' term of their courts annually, and by the first of July, 
courts ^ to transmit by mail to the Auditor of Public Acounts, a sate- 
rhe°\^ditm-a"^^"'^^®^''"e^ ^^^^- aggregate amount of State tax assessed in 
statement of their respective counties: and the Auditor shall charge the 
taxassessed. same to the collectors of the several counties respectively. 

Sec. 14. On the second Monday of August annually, 
nSri^coMocI®^' so soon thereafter as collectors shall have been sworn into 
tors lists ofofficc, the clerks of the county commissioners' courts shall 
taxable pro- deliver to the collectors of their respective counties, the al- 
^^^^^■' phabetical lists of taxable property returned to them by the 



LAWS OF ILLINOIS. 9 

assessors, and talce duplicate receipts for the same, in which 
shall be specified the amount of taxes to be collected upon 
the lands contained in the lists, and the amount to be col- 
lected upon the personal property; one of which receipts 
shall be Hied by the several clerks of the count}' commis- 
sioners' courts in their olFice, and the other shall be delivered 
to the county treasurer of the proper county, and by him 
filed in his office. 

8ec. l5. For the purpose of supporting ihe government Twenty cents 
and defraying the necessary expenses attendant upon the |^j ^°^^*'^J^J' 
enactment, administration, and execution of the laws of the one hundred 
State, it is hereby declared that a tax of twenty cents upon dollars' worth 
every hundred dollars' worth of taxable property shall he "^.^^^^^^P'""- 
levied and collected from the owners of such property, or 
the persons in whose names the same may be listed and as- 
sessed for taxation, and a perpetual lien is hereby enacted 
and declared to exist, in favor of the State, upon every tract 
or parcel of land, and upon every part thereof subject to 
taxation within the State, for the amount ol all taxes uue or 
to become due thereon, and for all costs and charges attend- 
ing ihe collection of the same; and no alienation of land, ^° f'^"^,! 
subject to taxation as aforesaid, shall alfcct the claim or lien of ^^ j^^j-g^f ^j^g 
the State hereby enacted and declared to exist; and every ten- claim of the 
ant or lessee who shall be obliged, under this or any other act, ^^'^^^ *° ^^^• 
to pay the tax due on any land leased to him, when such pay- Every tenant 
• •111 r 1 I 1 I II P^iyino; tax 

ment is not required by the terms of the lease, or who sfiali ^y^^w ""have 

be obliged to pay taxes on a greater part of such land, shall right to de- 
have a right to demand and receive the amount of taxes so ™^"f I!>^^" 

•.II- 1 r 111 1111 ment Iroca 

paid by him ->m the owner of such lands, and shall more-Q^^ner, 

over have a i.du upon the lands [on] which the taxes were Shall have 
so paid until th e amount thereof shalf be repaid to the ten- Ji^j""RO"^=^°'* 
ants or lessee as aforesaid. 

Sec. 16. The collectors of the several counties shall, so Collectorsto 
soon as the list^ of taxable property are delivered to them, proceed to 
proceed to collect the taxes charg-d upon said lists, by cal- ^°"^^* ^^^• 
ling upon each and every person residing in their respective 
counties, at his or her usual place of residence, and requiring 
payment thereof; and each and every person shall he charged 
with and required to pay to the collector twenty cents on 
every hundred dollars' worth of property listed for taxation; Lien exists 
and a lien is hereby created and declared to exist, in favor of p"openy fi-o^ 
the State, upon every article of personal property owned by time payment 
any person charged with taxes, from and after the taxes shall is demanded 
have been demanded by the collector; and no sale or trans- ^ ^° 
fer of the same shall affect the claim or lien of the State, but 
the said property shall be liable to be seized by the collector 
in whosoever hands or possession the same may be found, 
and sold to satisfy such taxes and all cost and charges at- 
tending the collection of the same: Provided, The lien afore- Proyigo. 
said shall not continue to exist longer than to the expiration 
of the year for which the taxes are or may be due. If any 



10 LAWS OF ILLINOIS. 

person charged with taxes shall be absent from home when 

the collector shall call upon him or her for payment thereof, 

the collector shall leave a written notice at the residence of 

every such person, stating the amount of taxes due from such 

person, and requirirg him or her to make payment of the 

same at some time after the expiration of ten days from 

the date of the notice, and place to be specified in the notice; 

and such notice shall be considered as a demand for the taxes 

within the meaning of this act. 

In case of ^^^' ^^' ^^ ^"^y Person shall fail to pay his or her taxes 

failure to pay when demanded by the collector, or within twenty days 

tax, collector after such demand, the collector is authorized and required 

personal'^pTO'^ ^° seize and levy upon any personal property of such per- 

perty, and sell son of value sullicient to pay the taxes and costs, and to ad- 

at public ven- vertise and sell the same at public vendue; he shall give fif- 

^^' teen d;i.ys' notice of the time and place of sale, by posting 

one advertisement on the door of the court-house of his 

county, and at three public places in the neighborhood of 

the place of sale; and if the property seized shall not sell for 

* a sum sufficient to pay the taxes and costs, the collector may 

seize and sell any other personal property of the person in 

default, upon giving the notice of sale as aforesaid; and if 

To refund any article of property so seized shall sell for more than the 

the overplus, j^xes and costs due, the collector shall, upon demand, refund 

the overplus to the owner. 
Collector to Sec. 18. When the taxes are paid to any collector, or when 
foHax'^^aid^^ taxes are collected by the sale of property, the collector 
shall deliver to the persons paying taxes, or the persons of 
whom the taxes have been collected by the sale of property, 
a written or printed receipt, signed by the collector or his 
deputy, stating, in such receipt, the amount paid and the 
value of the property taxed, and also describing each lot or 
parcel of land listed by its numbers, as described in the tax 
list. 
What kind Sec. 19. The collectors of the several couhties shall re- 
shall"b "recei- ^^^^^' '" pijment for taxcs, the bills or notes of the State 
ved. Bank of Illinois and branches, notes of the Bank of the 

State of Illinois, of the Bank of Illinois, gold and silver coin, 
and Auditor's warrants; and for taxes due the counties they 
shall receive county orders of their respective counties: 
Proviso. Provided., The said collectors shall keep an accurate account 
of the amount of couniy orders received by them in pay- 
ment of the county revenue, and shall endorse the name of 
the person from whom he receives the same on each order so 
received; and the court, on settlement with said collectors, 
shall not receive any county orders which were not received 
in payment for taxes. 
P ^ Sec. 2iJ. The county commissioner*' courts of the several 

to be levied, counties in this State are hereby authorized and empowered 
to levy a tax for county purposes; which tax shall not exceed 



LAWS OF ILLINOIS. H 

one half percent, upon every hundred dollars' worth of real of one-half 
or personal property, unless authorized so to do by special P^^j^'J^^^J^J-j^^'J^'^ 
act of the Geneial Assembly; which tax shall be levied by d red dollars. 
said county commissioners at their June term in each and 
every year, to be collected with the State tax in the same teJl^.^f^h Stam 
manner as though it was a part thereof; and the collector tax. 
shall pay over said county tax agreeably to the provisions of 
this act; and the lien upon properly to secure the State tax 
shall also apply to the same property to secure the county tax. 

Sec. 21. Collectors shall pay into the treasuries of their Collectors to 
respective counties, at the end of every month, all taxes col- pay over co. 
lected for the use of such counties during the preceding ^^^^^j^^^^'^ 
month, and on tbefirst Monday in March annually, shall make Final settle- 
a final settlement, and account for and pay over the whole n^ent in 
amount of the revenue due the county, deducting from the ^^''^ • 
same the amount of all taxes which he shall have been un- 
able to collect by reason of the inso'vency, removal, or non- 
residence of persons charged with taxes. 

Sec. 2-2. The collectors of the several counties shall pay Collector to 
into the State treasury, on or before the first Monday inj!^^"^" g^g^ 
March annually, all taxes collected by them for the use of Monday in 
the State, deducting therefrom their commissions for col- ^^rch. 
lection. 

Sec. 23. It shall be the duty of the collectors of the seve- Collectors to 
ral counties to present to the county commissioners' court P^'^^sent a list 
of their respective counties, at the March term of said courts J?.pjjP^'°^^Qjjj 
annually, a list, upon oath, of the names of all persons tax is not col- 
charged on personal property in the list of taxable property, ^^cted, upon 
from whom such collector shall have been unable to collect 
taxes by reason of the insolvency, removal, or non-residence 
of such persons; which lists shall be copied from the lists of 
taxable property, and. shall contain a description of the prop- rp , .. 
crty taxed and the value of the same; and the said collect- Q^gj.jy 
ors shall no<;e upon said lists, opposite the name of each per- 
son, whether such person be insolvent, or has removed, or is 
a non-resident; and, if removed, to what county or place; 
and, if a non-resident, the place of residence if known; and 
moreover certify that such list contains the names of all per- 
sons and the description of all personal property charged 
with the taxes in the county upon which taxes have not 
been collected, and that the notes and remarks made oppo- ' 
site to the names of persons charged with taxes are correct 
and true according to the best information and knowledge 
of the collector: which list shall be examined by the county Listtobeex- 
commissioners, and all errors and mistakes therein corrected; amined by 

and when the same shall have been so examined and cor- ^"."".'^ ^°™" 

, I .1 i 1 .1 1 . I. . . II missioners. 

rected, the court shall make an order allowing the collector 

credit for the amount of taxes due or payable to the county 

upon the same; and the yaid list shall be filed M-ith the clerk ^^^^^ ^°j^ ^® 

of the said court in his office; and thereupon the clerk of clerk. 

the said court shall mnke out a certificate, under the seal of 



ILUNOIS STATE LIBRABT. 



12 



LAWS OF ILLINOIS. 



Clerk to cei-- 
tify to the Au- 
ditor the a- 
inount assess- 
ed on real, 
and on pei'- 
sonal proper- 
ty. 



No credit to 
be allowed 
collector for 
taxes uncol- 
lected. 

Owner fail- 
ing to pay tax 
on land, and 
on personal 
property be- 
ing found, the 
collector to 
make report 
to circuit 
court 

Form of re- 
port. 



his said court, to the Auditor of State, showing how much of 
tlie whole amount of taxes was assessed upon real and liow 
much upon personal estate, and certifying how much of the 
said taxes upon personal property the said collector has been 
allowed credit for by the said county commissioners' court, 
on account of the insolvency, removal, or non-residonce of 
the persons charged therewith; and, upon a settlement with 
the Auditor, the collector shall file with him the said certifi- 
cate, and shall be allowed a credit for the amount so certi- 
fied therein. 

Sec. 24. The county commissioners' courts shall not allow 
credit to collectors for any taxes uncollected, unless they arc 
satisfied that such taxes could not have been collected by rea- 
sonable and proper diligence, and that such diligence has 
been used without success. 

Sec 25. When any person owning lands in any county in 
this State shall fiiil to pay the taxes assessed thereon, and 
the collectors shall be unable to find any personal property 
of such person in his county whereon to levy, of value suffi- 
cient to pay said taxes and costs, it shall be the duty of the 
collector to make report thereof to the circuit court of his 
county, at the first term in each year for the preceding 
year or years; which report shall be in the following form: 

List of lands^ and other real estate, situated in the county of 
, and State of Illinois, on which taxes remain 
due and unpaid for the year herein set forth. 



P 5 



a o 



LAWS O^' ILLINOIS. 13 



Sec. 26. Before making the application to the circuit Collector to 
court provided for in the preceding sestion, the collector [^^^p'^Q^^^^pJ]^ 
shall publish an advertisement in some newspaper printed in cation for 
his said county, if anj' such there be, and if there be no such j'i']gmcnt a- 
paper printed in his county, then m the nearest newspaper ^^^"^^j lamls"" 
in this State, which advertisement shall be once published, at 
least six weeks previous to the said term of the said circuit 
court; and the said advertisement shall contain a list of the 
delinquent lands and town lots to be reported to said court, 
the names of the owners, if known, the amount of taxes, in- 
terest and costs due thereon, and the year or years for which 
the same are due; shall give notice of the intended applica- 
tion to the court for judgment against said, lands and town 
lots for said taxes, interests, and costs thereon, and for an 
order to sell the said lands for the satisfaction thereof; and 
shall also give notice that on the next 

succeeding the said term of the said circuit court, all the 
lands against which judgment shall be pronounced, and for 
the sale of which such order shall be made, will be exposed to Public sale 
public sale, at the court-house of the said county, for the for taxes, 
amount of said taxes, interest and costs due thereon; and 
the advertisement published according to the provisions of 
of this section, shall be deemed and taken to be sufficient 
and legal nolice, both of the aforesaid intended application ' 
by the collector to the circuit court for judgment, and also 
of the sale of said lands, under the order of the said court. 

Sec. 27. The collector shall obtain a copy of the said ad- Collector to 
verlisement, together with a certificate of the due publica- obtain certifi- 
tion thereof from the printer or publisher of the newspaper ^^|f^^^ P"^'^" 
in which the same shall have been published, and shall file 
the same with the clerk of the said circuit court at the said 
term thereof, together with the said report, provided for in 
the twenty-fifth section of this act. 

Sec. 2S. The clerk of the circi.ut court, upon the filing of clerk to fJe 

such report and certificate of publication by the collector, certificate. 

shall receive and record the same in a book to be kept for 

that purpose, in which he shall enter all judgments, orders, 

and other proceedings of the court in relation thereto, and 

shall keep and preserve the same as a part of the records of 

hisoftice; and the said clerk shall place the said report and ^, , , 

^L- / r ■ I II 1 , 1 f 1 ^ 1 Clerk to 

certificate of sair collector at the head of the common lt:w p]pce tjertifi- 

docket for said term, in the following form, to wit: cate at the 

State of Illinois, ) head of com- 

' f c^ • r "^"on law don- 

vs, \ ?4uit lor taxes. ket. 

John Doe and others.'^ 

Sec. 29. It shall be the duty of said court, upon calling Court, if de- 
thc common law docket of said term, if any defence be of- [^"p^^f ^^ J^^'^^ 
fered by any of the own' rs of said lands so reported, or by and deter- 
any person having aclaim or interest therein, to hear and mine, 
determine the same in a summary way, without pleadings; 



14 



LAWS OF ILLINOIS. 



If no de- and if no defence be made, the said court shall pronounce if 

shaH^ro"'^'^ judgment against the said lands, and shall thereupon direct 
)unce judg- the clerk of said court to nnake out and issue an order for the 



ment, and 
make out or- 
der for the 
sale of the 
lands. 

Form of or- 
der- 



SCt. 



sale of the same; which shall be in the following form, to 
wit: 

State of Illinois, 
county 

Whereas, A.B. collector of said of said county, returned 
to the circuit court of said county, on the day of 

18 the following tracts and parts of tracts 
of land, as having been assessed for taxes by the assessor of 
said county of for the year 18 , and 

that the taxes thereon remained due and ur;paid on the day of 
the date of the said collector's return, and that the respective 
owner or owners have no goods and chattels within his 
county on which the said collector can levy for the taxes, 
interest and costs due and unpaid on the following described 
lands, to wit: 

And whereas, due notice has been given of the intended 
application for a judgment against said lands, and no owner 
hath appeared to make defence or show cause why judgment 
should not be entered against the said lands for the taxes, in- 
terest and costs due and unpaid thereon, for the year or years 
herein set forth: Therefore, it is considered by the court, 
that judgment be, and is hereby, entered against the afore- 
said tract or tracts of land or parts of tracts (as the case may 
be) in the name of the State of Illinois, lor the sum annexed 
to each tract or parcel of land, being the amount of taxes, 
interest and costs due severally thereon; and it is ordered by 
the court, that the said several tracts of land, or so much 
thereof as shall be sufficient of each of them to satisfy the 
amount of taxes, interest and costs annexed to them seve- 
rally, be sold, as the law directs. 

Sec 30. That the form as herein before set forth shall be 
pursued as near as the nature of the case will permit. 

Sec. 31. That it shall be the duty of the clerk, within 
five days after the adjournment of said court, to make out, 
under the seal of said court, a copy of the collector's report, 
together with the order of the court thereon, which shall 
Which shall hereafter constitute the process on which all lands shall be 
constitute the g^j^ ^qj. taxes, and deliver the same to the sheriffs of his 
^Shori^to sell county; and the sheriff shall, thereupon, cause the said 
lands. 



Clerk to 
make out a 
copy of col- 
lector's re- 
port. 



ands to be sold on the day specified in the notice given by 
the collector for sale of the same, and make return 
thereof to the said clerk within twenty days after the day of 
sale. 

Sec. 32. Any person or persons owning or claiming lands, 
Owner may advertised for sale as aforesaid, may pay the taxes, interest 
pay tax before andcosts duet hereon, to the collector of J;he county in which 
the same are situated, at any time before the sale thereol. 



LAWS OF ILLINOIS. 15 

Sec. 33. In all advertisements for the sale of l^i^ds for Jigujes m^ay 
taxes, and in entries required to be made by the clerk of the ^.gj.".ggj^gjjjg " 
court, figures may be used, as they have heretofore been, to 
denote townships, ranges, sections, parts of sections, the year 
for which taxes are due, and the amount of taxes, interest 
and costs. 

Sec. 34. The sheriff of each county in which lands shall Sheriff shall 
have been advertised for sale for taxes, as herein before pre- attend sale. 
scribed, shall attend at the court-house, or if there be no 
court-house, then at the place of holding courts in said 
county, on the day for which said sale is fixed in the said ad- 
vertisement, and, assisted by the clerk of the county com- 
missioners' courts, between the hours of ten of the clock, A. Time of sale. 
M. and three o'clock, P. M., shall proceed to sell each lot or 
parcel of land advertised for sale in his county as aforesaid, 
at public auction, commencing with the first lot or parcel 
named in the list, and proceeding until the whole are sold; 
he shall continue the sale each day until three o'clock P. M., 
and then adjourn until the next day, and shall thus proceed 
from day to day, (Sundays excepted) till the sales are com- 
plcted. 

Sec. 35. In selling the said lands, the sheriff shall offer the The whole 
whole tract or lot for sale for the amount of taxes, interest tract or lot to 
and cojts thereon, including the fees hereinafter mentioned; g^]" 
and so much thereof as ma) be necessary shall be struck off So much as 
to the lovi^est bidder, that is, to the person who shall otier to ^s "e^^ssary 
pay the amount due as aforesaid, for the least number of gjj.„p]^Qg- 
acres. When a portion of a tract shall have been struck off To be taken 
on any such bid, it shall be taken off the east side of said ^orajhe^e^ast 
tract, extending the whole length on the east side, and so ^^ 
proportioned in width as to embrace the number of acres sold 
as afores?.id. If no person shall offer to pay the amount due 
on said land, as aforesaid, for less than the whole tract, the 
whole tract shall be struck off to any bidder for the said 
amount; but if no person shall offer to pay the said amount Ifnoofferbe 
for the whole tract, the same shall be struck off to the State, made the tract 
and the State set down as the purchaser thereof, for the said q^^q state. 
amount so due thereon, as aforesaid. 

Sec. 36. The clerks of the county commissioners' courts Clerk of 
shall attend all sales of lands made by sheriffs under'the pro- n°igsioners' 
visions of this act, and shall keep a register of the sales in a couristoat- 
well- bound book to be provided for that purpose, in which ^^J}'-^ f^^^- 
he shall enter each lot or parcel of land exposed to sale by j^ggp j^^-egig. 
the sheriff, copying the description of the same from the ad- ter of the 
vertisement; and when a sale is made he shall enter the^^^^^' 
name of the purchaser, his place of residence, the quantity 
of land sold, and, when any tract of land is run down, shall 
designate what part of said tract is sold, by the letters, E. S. 
(for east side.) or by the letters, W. S. (for west side,) as 
the case may be, and the amount of the sale, and give certi- 
ficates of purchase to the purchaser; and, immediately after 



16 



LAWS OF ILLINOIS. 



each sale, shall transmit to the Auditor of Public Accounts a 

copy of the list of sales kept as aforesaid, certified under the 

seal of court: he shall leave blank columns in this book, 

containing tiie list of sales, to insert the names of persons who 

may redeem the lands sold, the date of redemption, and the 

amount of redemption money. 

Sheriffs to '^^*^" 3^- Within thirty days after any sale of lands for taxes, 

pay over into the sheriffs of (hc several counties making such sales, shall 

the Sratftrea- annually pay into the State treasury the amount of taxes due 

amounts from ^'^^ ^'^^^ "P"" '■'^'^ -'^ advertised for sale. They shall also, 

sales within within ten days after such sale, pay into the county treasu- 

thiity (lays ries ot their respective counties, the amount of taxes due the 

from sale. ^ounty upon the same. 

Land sold Sec. 3S. Lands and real estate sold under the provisions 

for taxes rnay of tilis act may be redeemed from such sale, at any time be- 
within ^t^^T' f^''^ *-''® expiration of two years from the date of the sale, by 
years, upon any person who will pay to the clerk of the county commis- 

paying double gioners' court of the proper countv, double the amount for 

the amount of i • i <i i ■ i" n ^ ■ r. 

Bales within- ^'^'"^^" ^'"'*^ same was sold, and all taxes accrumg after 

terest. such sale, together with the interest on the amount of each 

year's tax, at the rate of six per cent, per annum, from the first 

day of September, in each year, until paid; and in all cases 

where lands are redeemed as aforesaid, the person owning 

the land when it was listed lor taxation, and the heirs or 

assigns of such person, shall be considered as restoi-ed to all 

the rights whch he, she, or they had in and to such lands at 

the time the same was listed for taxation. 

lono-in.^ toin- '^^^' ^^' Lands and real estate which, at the time of sale, 

fours, &c. belonged to infants, femes covert, or lunatics, may be redcem- 

may here- q({ upon the terms specified in the preceding section, at any 
deemed with-.- • . • ' r ,, .' ., ,• . .... r. , 

in one vear tnne withm one year irom the lime the disaoiiities ot such 

after coming person sh.all ccase to exist; and if there be several infants 
ofage, &,c. owning a joint, or joint and several interest in any lands or 
real estate sold for taxes, such infants, or anyone of them, 
may redeem the same from such sale at any time witbin 
one year after the youngest one of ihem shall arrive at the 
age of twenty oneye;.rs; and any person claiini;;g the right 
to redeem land under the provisions of this section, shall pro- 
Affidavit to dur-.e to the clerk of the county commissioners' court of the 
be presented proper county, the affidavit of some credible person, stating 
vvho owned tit"; same at the lime of the sale thereof; and if 
the owner was a feme covert at the time of a sale, stating 
that fact, and the time at which he or she became of £gc; or 
if there were several infant owners, stating that fact, and 
staling the age of the youngest of such infants; aniJifthe 
clerk shall be satisfied, from the facts slated in the afiidavit, 
that the lands propos(;d to be redeemed are subject to re- 
demption under the provisions of this section, or any other 
law of the State, he shall file the affidavit so presented, anj 
, permit the lands to be redeemed, upon the conditions 

which arc or may be required by law; and such redemption 



LAWS 01 ^ LINOIS. 17 

" shall operate to restore to the o\.nor or owners of the land, ' 

his, her,or their heirs or assigns,all rights which he, she, or they 
had in and to the sarnc at the time of sule: Provided, however, proviso 
That the certificate of redemption shall not be evidence of 
any other fact than that the redemption money was paid. 

Sec. 40. Affidavits presented to the clerks of the county Affidavit to 
commissioners' courts of the several counties of this State, to beforriudge 
enable persons to redeem lands sold for taxes, may be taken or clerk, 
before any judge or clerk of a court of reconi in this State, 
and certified under the hand and seal of such judge or clerk; 
or they may be taken before any judge or clerk of a court of / 

record without the State, and ceriified as aforesaid. 

Sec 11. All lands which may hereafter be stricken oiFto Lands 
the State for taxes, may be redeemed at any time by any g/^J'^^^f^Jp 
person claiming the same, upon paying into the State treas- redeemed at 
ury the amount for which such lands were sold, and all taxes =i°y ^^^^ 
accruing thereon to the time of redemption, with interest on 
each years' tax, at the rate of six per cent, per aimum, from 
the first day of September, in each year, to the time of re- 
demption; and such redemption shall enure to the use and 
benefit of the owner of the land at the time of sale, and 
to his or her heirs and assigns; and it shall be the duty of 
the Auditor of Public Accounts, upon such redemption being Duty of Ao- 
made, to notify the clerk of the county commissioners' court 'ii'or. 
of the county in which the said land lies, of the redemption of 
said land, and also to issue his warrant in favor of the (rcas- 
urer of said county, for the proportion of said redemption , 

money which may be due said county. 

Sec. 4'3. Immediately after the expiration of the term of S'eriffto 
two years from the date of the sale of any land for taxes under fTe'etUo"land 
the provisions of this acf, the sheriff shall make out a deed sold for taxes 
for each lot or parcel of land sold, and remaining unredeemed, aftpi\ihe ex- 
and deliver the same to the purchaser upon the return of the f^o vears^ 
certificate o( purchase. Deeds executed by sheritTs shall be 
in the following form: 

Know all men by these presents that, whereas, at Fomof 

term, IS of the circuit court of county, a judgment deed. 

was obtained in said court, in favor of the State o/ Illinois, 
against the [here insert «he description of the land] for the 
sum of dollars and cents, being the ; mount of 

taxes, interest and costs, assessed upon said tract of land for 
the year 18 and whereas, on the day ot 18 

I, A. B. sheriff of the county aforesaid, by virtue of a precept 
issued out of the circuit court of the county aforesaid, dated 
the day of and to me directed, did expose to public 
sale at the door of the court-house, in the county aforcs^.id, 
in conformity with all the requisitions of the statute in such 
case made and provided, the tract of land above described, 
for the satisfaction of the judgment so rendered as aforesaid; 
and whereas, at the time and place aforesaid, C. D., of the 
2 



18 LAWS ( IWLLINOIS; 

county of and State 6< having offered to pay 

the aforesaid sum of . dollars and cents for 

"which was 1,he least quantify bid for, the said 
tract of land was stricken off to him at that price. Now, 
therefore, J, A. B., shejLtf as aforesaid, for and in considera- 
tion of the said sum of dollars and cents to me in 
hand paid by the said C. D. at the time of the aforesaid sale, 
and by virtue of the statute in such case made and provided, 
have granted, bargained, and sold, and by these presents do 
grant, bargain and sell, unto the said C. D. his heirs and assigns, 
the To have and to hold, 
unto him. the said C. D. his heirs and assigns, forever; subject, 
however, to all the rights of redemption provided by law. 
In witness whereof, 1, A. B., sheriff as aforesaid, by virtue of 
the authority aforesaid, have hereunto subscribed my name, 
and affixed my seal, this day of 18 

Sheriff. 
CK .«• , Sec. 43. Deeds executed bv the sheriff, as aforesaid, shall- 

deeds to be he prima Jacia evidence, m all controversies and suits m re- 
evidence of lation to the right of the purchaser, his heirs or assigns, to 
certain facts. ^^^ ^^^^ thereby conveyed, of the following facts: 

1. That the land conveyed was subject to taxation at the 
time the same was advertised for sale, and had been listed 
and assessed in the lime and manner required by law. 

2. That the taxes were not paid at any time befoid the 
sale. 

3. That the lands conveyed had not been redeemed from 
the sale at the date of the deed. And shall be conclusive evi- 
dence of the following facts: 

1. That the land was advertised for sale in the manner, 
and for the length of time required by law. 

2. That the land was sold for taxes as stated in the deed. 

3. That the grantee in the deed was the purchaser. 

4. That the s;!le was conducted in the manner required 
by law; and in controversies and suits involving the title to 
land claimed and held under and by virtue of a deed exe- 
cuted by the sheriff as aforesaid, the person claiming title, 
adverse to the title conveyed by such deed, shall be required 
to prove, in order to defeat the said title, either that the said 
land was not subject to taxation at the date of the sale — 
that the taxes had been paid— that the land had never been 
listed and assessed for taxation, or that the same had been re- 
deemed according to the provisions of this act, and that such 
redemption was had or made for the use and beneft of persons 
havmg the right of redemption under the laws of the State; 
but no person shall be permitted to question the title acquir- 
ed by a sheriff's deed, without first showing that he or she, 
or the person under whom he or she claims title, had title 
to the land at the time of the sale, or that the title was ob- 
tained from the United States or this State after the sale, 
and that all taxes due upon the land have been paid by such 



LAWS OF ILLINOIS, 19 

person, or the person under whom he claims title as afore- 
said. 

Sec. 4i. The books and records belonging to the office Records of 
rof the clerks of the county commissioners' courts, and the clerks to be 
clerks of the circuit court, or copies thereof, cerliticd by P^'^'^'^c^ of 
clerks of either of the courts aforesaid, shall be deemed ^iffi-Sfofraud 
cient evidence to prove the judgment and sale of any land for taxes. 
for taxes, or the redemption of the same, or the payment of 
taxes thereon. 

Sec. 45. No sheriff or deputy sheriff shall be eligible to Slieriff ineli- 
the office of county treasurer, nor shall any county treasurer ^|pj.g^of|.oun- 
be permitted to act as deputy sheriff or collector. ty treasurer. 

Sec. 46. Persons paying taxes upon lands advertised for Costs to be 
sale for taxes, or after judgment has been obtained, and pre- so/is paying" 
vious to sail-, shall be required to pay the cost of suit, and taxes, 
of advertising the same, and all other costs which may have 
accrued on said land under the provisions of this act, up to 
the time of such payment. 

Sec. 47. Puixhasero of lands sold for taxes, or their re- Purchaser to 
'' presentatives, shall receive from the State or county trea- '"^^^^^^ ^■^" 
surer, on demand, the redemption money, and the amount of ^^^"^P^^^"" 
all taxes paid by them upon the land subsequent to the sale; 
and it is hereby enacted and declared, that the receipt of re- 
demption money by any purchasers, as aforesaid, shall ope- 
rate as a release of all claim to the land under or by virtue of 
the purchase. 

Sec 48. If any purchaser of lands sold for taxes shall Purchaser 
suffer the same to be again sold for taxes before the expira-^j^^g"^]]^^. 
tion of two years from the date of his or her purchase — stich ing- the same 
purchaser shall not be entitled to a deed for the land, until 'o be sold 
the expiration of two years from the date of the second sale; ^,o'^^be emi- 
during which time the land shall be subject to redemption tied to deed, 
upon the terms and conditions prescribed in this act, except ■^^}'^ shall be 
the person redeeming shall only be required to pay for the jg^p^Jon^ '^^' 
use of such purchaser the amount paid for the land, and dou- 
ble the amount paid by the second purchaser. 

Sec 49. if, at any time before the execution of a deed for ^hi"h wTsno; 
lands sold for taxes, it shall be made to appear, to the satisfac- subject to tax, 
tion of the sheriff, that any lot of land was sold, which was "« ^^^^^ ^'^^1' 
not subject to be taxed, ar upon which the taxes had been ^ S^"^^- 
paid previous to the sale, he shall not execute a deed for such 
land; but, upon the application of the purchaser, or his legal But money 
representative, the said sheritF shall refund the same, if in 
his hands; and if the same shall have been paid into the 
State treasury, then the said shcr.ff shall give a certificate of 
the facts; which certificate, when presented to the Auditor, 
shall be sufficient for the Auditor to issue his warrant in favor . Auditor to 
of all persons holding the, certificate for the amount so certi-'^^"^'^'^""^"'' 
fied, and the siieriff shall note, on the list of sales, that such 
land was erroneously sold; and the sale shall thereby be 
, deemed and considered as cancelled. 



20 LAWS OF ILLINOIS. 

Duplicate Sec. 50. The sherilT may issue a duplicate deed, which 

suedbvsheriff^'^'^" ^^ considered as a copy for any tract or parcel of land,, 
when original wtiich may have been sold for taxes, upon the purchaser or 
*ost. his assignee filing an affidavit, stating that the original deed 

has been lost or destroyed, 
case^^heviff ^^^' ^^' ■** ^"y sheriff, by himself or deputy, shall fail to 

shall fail to attend any sale of lands advertised accodring to the provis- 
attend sale, [ons of this act, 'dud make sale of the same according to said 
advertisement, he shall be liable to pay mto the State treas- 
ury the amount of taxes and costs due upon the lands ad- 
vertised for sale, as though the said lands had been sold. 
Penalty in Sec. 52. If any shcritr or collector shall fail to pay into 
to payover"^^^^ ''*^^^'^'^3' treasury the amount of taxes or revenue due 
tax. ' such county, at the time and in the manner required by this 

act, he shall be liable to pay ten per cent, per month upon 
the amount which he may or shall fail to pay as aforesaid; 
and if he shall fail to pay into the State treasury the amount 
of taxes or revenue due the State at the times and in the 
manner herein required, he shall be liable to pay ten per 
cent, per month upon the amount which he may or shall fail 
to pay ;is aforesaid, 
■penalty in Sec. 53. If any clcrk shall fail to attend any sale of lands 
caeeclerk as required by this act, either in proper person or by a com- 
auratfile. petent deputy, he shall forfeit and pay the sum of one hun- 
dred dollars, and shall be liable to indictment for such fail- 
ure, and, upon conviction, shall be removed from office. 
Manner of ^^^* •^^' ^^ ''^^Y collector shall fail to pay into the county 
proceeding in treasury of his county the revenue dufe the county, at the 

V this act, it shall be the 



case collector lime nud in the manner required bv 
r„t" „i.'° duty of the county treasurer to caus 



pay over 



ity of the county treasurer to cause to be delivered to such 
county tax. collector, and his securities, a notice, in writing, informing 
him and them that, at the succeeding term of the circuit 
court of the coun'.y, a motion will be made before the said 
court for judgment against such collector, for all sums which 
may 4)e due from him to the county at the time of making 
the motion, together with the damages allowed by law for 
default in not paying the same into the county treasury; the 
notice shall state the day ot the term of the court when the 
motion will be made, and shall be served by the coroner or 
any constable of the county, at least five days before the day 
on which the motion is to be made; the notice need not state 
any amount for wiiich judgment will be asked ; and the cir- 
cuit courts o*'' the several counties are hereby vested witii 
jurisdiction and power to hear and determine all such mo- 
tions, and to inquire into the amounts due from collectors, and 
give judgment for the same, together with the damages al- 
lowed by law for failures to pay the same into the county 
treasury; and upon the trials of motions against collectors, 
the court is vested with power to compel the production of 
all haoks, papers, and vouchers in the possession of the col- 
lector and appertaining to his oflfice, to be used as evidence, 



LAWS OF ILLINOIS. ^1 

if it shall iippearto the court that any such books, papers, or 
vouchers are or may be material evidence in the cause. 

Sec. 55. Upon the failure of any collector to pay money (x^Ilector 
into the State treasury as required by law, it shall be the duty f\u]ing to pay 
of the Auditor of Public Accounts to proceed against such State tax, the 
collector, by motion before the Supreme Court, a written ^."^^^^"^ '° 
notice of which motion shall be served on the collector and against him. 
his securities at least twenty days before the day on which 
the motion is to be made; the notice shall state that the 
Auditor will, in behalf of the State of Illinois, move the 
said court to enter up judgment against the collector for the 
amount which ma>/ appear to be due from him to the State 
at the time the motion is heard, and lor all damages allowed 
by law for default in not paying the same; the notice may 
be served by any coroner or sheriff in the State, or by any 
person whom the Auditor may employ; but, if not served by 
a coroner or sheriff, an affidavit shall be made of the service 
thereof by the person serving the same; the Supreme Court 
is hereby vested with power and jurisdiction to hear and 
determine all such motions, and to give judgments' and 
award executions. 

Sec. 5G. In serving notices of motions against collectors /^opj- of re- 
„ ^,o /•! -iiii turn to be de- 

m favor of the State or county, a copy oi the notice shall be jivercd to col- 
delivered to the collectors and their securities. lector. 

Sec. 37. If any collector shall receive the taxes upon aiiv I< collector 
11 I . 1 1 1 1 ■ ■ 1 • 1 1 . 1 * make raise re- 

land or real estate, and shall knowmgly include the same tuvn, shall be 
land or real estate in the li^t of lands returned by him on liable toin- 
which taxes have not been collected, and the said land shall '^^^*^*™^'°^- 
be sold for the taxes thereon, he shall be liable to indictment, 
and, upon conviction shall be removed from office; and the 
court before which the conviction is had, shall enter judg- 
ment accordingly; and such collector shall moreover be 
liable to the party injured for all damages, to be recovered 
in an action on the case; and if any collector shall receive 
taxes from any person, and shall knowingly return that he 
has been unable to collect the same taxes, he shall, for such 
offence, be liable to an indictment, and, upon conviction 
thereof, shall be removed from oltice, and shall moreover be 
liable to the party injured, for all damages sustained by rea- , 

son of such failure, to be recovered, by actionon the case, in ^ 

any court of competent jurisdiction. 

Sec. 58. Any person- who may accept the appointment of Penalty in 
assessor in any county or district, and shall fail to perform ^^^^j f^^^^^^*^ 
the duties required of him, shall forfeit and pay the sum of perform his 
three hundred dollars to the use of the county, to be recov-^iuties. 
ered by actioii of debt in the name of the county, and shall 
moreover be liable to pay to the county and State all dama- 
ges sustained by either county or State by reason of such 
failure, to be recovered, by action on the case, before any 
court having jurisdiction thereof: Provided, If any assessor is Proviso, 
unable, from sickness or any other unavoidable casualty, to 



22 LAWS OF ILLINOIS. 

discharge the duties of assessor, he shall forthwith tender his 

resignation to the county commissioners' court; whicli shalt 

fully discharge the said assessor from the penalty aforesaid ; 

and theco'.inty commissioners' court shall in all such cases 

fill said vacancy. 

fusin^^toV(>" ^^^' ^^' ^" ^^^^ ^".-^ person appointed assessor shall re- 

cept "appoint- fuse to accept the appoi.iti^ent, the clerk of the county conri- 

ment, county missioners' court shall notity the commissioners thereat, whose 

erTto app^oTnt'^'^^y ''■ ^^^^^ ^^'^ ^^ appoint some other jerson without delay. 

some other Sec. 60. The clerks of the commissioners' couits shall^ 

person. immediately after the adjournment of each term of their court, 

^^?1J *!.^i„,.i. furnish the county treasurer with a list of all orders made 
county clerk. ,■ i r 

by the court tor the payment oi money out of the county 

treasury, sliowing to whom the orders are payable, anc^ the 
amount and number of each ordei ; and the said orders shall 
be paid in rotation according to their numbers: Provided,, 
however^ That collectors may receive county orders in pay- 
ment of all taxes due their counties. 

Sec 61. If any county treasurer shall fail to perfornr* 
XJounty trea- j^j^y duty required of him by lavi^, ho shall be liable to the 
surer failing - •[, i . . / \ c ■\ j ^, ii i u 

to perform his action ot any person injured l)y such failure, and shall also be 

duty, shall be liable to an action upon his bond, in the name of the county, 
hable to ac- ^^j. ^jj damages sustained by the county by any breach cf 

duty. 
Feesallowed Sec. 6''3. The following fees and compensation shall be 
to officers and jjjJQ^gj to the several officers and persons herein named, for 
others named . i i i i • • r ,\ ■ ■ 

in this act. services rendered under the provisions ot this act, viz: 

To each assessor, a sum not exceeding two dollars per day, 
for eveiy day necessarily employed in the performance of his 
duty, one-half to be paid out of the State treasury, the other 
half to be paid out of the county treasury. To county trea- 
surers, for receiving and paying out the county revenue, two 
percent, uporv all moneys paid out. To clerks of commis- 
sioners' courts, for making transcript of lands listed tor taxation 
and lands sold for taxes, and transmitting a list of the sales, 
by mail, to the Auditor of Public Accounts, two cents for 
each lot or parcel of land included in each list; for assisting 
the sheritf in selling lands for taxes, twenty-five cents for 
each lot sold for which a certificate is given; for making 
transcripts for assessors, two cents for each lot or parcel of 
land included in each transcript, to be paid out of the county 
treasury. To collectors for collecting and paying over taxes, 
six per cent, upon the amount paid over; and when taxes 
are collected by the sale of personal property, collectors 
shall charge, for advertisingandselling said property, ten per 
cent., and, for each tract of land sold for taxes, ten cents, to 
be collected from the sale of said property. To the printer, 
for publishing advertisements for the sale of lands for taxes, 
six cents for each loi; or parcel of land contained in the list 
of sales, to oe. paid out of the-State treasury; the printer or 
printers shall be required to transmit, by mail, two numbers 



LAWS OF ILLINOIS. 23 

of each paper co)it;uning such notice, lo the clerk of the 
county commissioners' court of the several counties in the 
Stale; two numbers of e.tch shall be transmitted in like man- 
ner to the sheriiFof each county in the State; two numbers 
of each shall be transmitted to the Auditor of Public Accounts; 
arid two to the Treasurer, to be by them filed and preserved 
in their offices respectively; each shciiff shall post one of 
said newspapers on the door of the post-office, at the county 
seat of his county; and each clerk shall post one of said news- 
papers on the door of the court-house of his county, or on 
some conspicuous place inside of the court-house; the other 
number of the paper transmitted lo the clerk shall be by 
him filed and preserved in his office; and one copy of said 
paper.shall be transmitted to each of the clerks of the circuit 
court, subject to examination by any person who may desire 
to examine the same — the advertisements for the sale of lands 
for taxes, letters and figures may be used as they have here- 
tofore been, to denote townships, ranges, sections, parts of 
sections, the years for which taxes are due, and the amount 
of taxes and costs. 

Skc. G3. All acts and parts of acts coming within the a^'!^^^^ ?°°' 
1 . r ,■ 1 11 I ^ „flictingwith 

purview and meaning ot this act, and all laws or parts or this, repealed. 

laws heretofore passed, exempting town-lots and other pro- 
perty in incorporated towns from taxation for State and 
county purposes, together with all laws heretcfore enacted, 
requiring merchants to obtain a license to sell goods, are 
hereby repealed: Provided^ That the repeal of said act shall Proviso. 
in no way affect or impair any right or interests acquired 
under said act. 

Sec. 64. In the several courV:ies of this State, the county County trea- 

treasurers are hereby required to keep their offices at the fV^^^'J" ^?°'^ 

,.•''. . ^ his office at 

county seat in their respective counties. county seat. 

Sec. G5. The Secretary of State is hereby required, so Secretary of 

soon as this bill becomes a law, to have, without delay, as fi,^i^'^ *? . * 
^ ,,.,., 1 • , 1 1 ■ • I • this act pnn- 

many copies ot this bill printed as there are counties in this ted. 
State, and forward one copy by mail to each clerk of the 
several county commissioners' courts within this State. This 
act to take etfect from and after its passage. 
Approved, Feb. 26, 1839. 



AN ACT supplementary lo " An act concerning the Public Revenue." 

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

represented in General Assembly^ That all moneys which are A^^ redemp- 
•now required by law to be paid to the clerks of the county *gq"™°j^J^jjg 
commissioner's court by persons redeeming lands which may paid to county 
have been sold for taxes under the provisions of the act to clerks, to be 
vs^hich this is supplementary, shall be paid by said clerks into |.'^*yjjj*^J'^^j.g°g_ 
the county treasuries of their respective counties within tenm-ers. 



transmitted 
by printer, 



24 LAWS OF ILLINOIS. 

days after it shall have been so paid to them; and the county 
treasurers of the several counties shall give receipts for all 
such monejs'lo the said clerks, who shall file and safely keep 
such receipts in their respective offices. 
Number of Sec. 2. The printer or printers, who may publish adver- 
papersto be tiscments for the sale of lands for taxes, shall not be required 
to transmit, except as is hereinafter provided, more than one 
number of each paper, containing such advertisement, to 
each clerk of the county commissioner's court of the several 
counties in this State; which paper so transmitted shall be 
filed in the office of said clerk. 
Clerk need Sp;c. 3. The clerk of the county commissioners' court of 
not post no- any county, other than that in which the land advertised for 
cases" ^'^'^^^'^ sale may be situated, shall not be required to post a number 
of the paper containing such advertisements; nor shall any 
sheriff be required to post a number of the same; nor shall 
said printer or printers be required to transmit to any sherifl" 
any number of such paper. 
Printer to Sec. 4. Such printer or printers shall be required to trans- 
send clerk ofp^it^ jq jj^g clerk of the county commissioners' court of the 
in which°sale county where the lands advertised for sale may lie, five num 
occurs, five bcrs of the paper containing such advertisement, one num- 
papers. ber of which said clerk shall post up as now required by 

law, two numbers he shall deliver to the sheriff of hi? county, 
and the remaining two numbers he shall file and safely keep 
in his office. 
Lots not Sec. 5. Lands sub-divided and laid out in town lots, 

taxable in ag- streets, and alleys, shall not be subject to taxation by their 
iv^num'bers "^'^"^bers and description in the aggregate as quarter sections 
of land, but the lots into which the lands are divided shall be 
listed and taxed separately, by their numbers, as town lots, 
Construction according to their value. The word ''or," between the words 
o ormer act.^^^^ ^^^^^ personal^ in the twentieth section of the act to which 
this is supplemental, shall be construed as "and," and ii. all 
respects shall have the same meaning and signification as the 
word "and." The blank in the twenty-sixth section of the 
act to which this is supplemental, shall be filled with the 
words, "second Monday." 
Certain pro- ^^^c. 6. Any provisions in the act to which this is supple- 
visions re- mentary, contrary to the provisions of this act, are hereby 
pealed, repealed. The Secretary of State is hereby required to 

transmit copies of this act, in the same manner, and at the 
same time, ;is he is required to transmit copies of the act to 
which this is supplemental. 



LAWS OF ILLINOIS. 25 

AN ACT to amend the several acts incorporating the town of Galena. 

Sec. 1 . Be it enacted by the people of the State of Illinois, 
represented in Uie General Assembly, .That the inhabitant's and 
residents of the town of Galena, in the county of Jo Daviess, 
shall be and continue a body politic and corporate, in fact Body politic, 
and name, under the style of the City of Galena, and as 
such, and Jby that name, shall have perpetual succession in 
law, may contract and be contracted with, sue and be sued, Powers, 
complain and defend in any and all places and courts what- 
soever, may have and use a common seal, and alter the-same 
at pleasure, and do all acts as natural persons, and may have, 
exercise, and enjoy all powers, rights and privileges, and be 
subject to all the duties and obligations now pertaining to or 
incumbent upon said town, except so fa-r as the same be al- 
tered, modified, enlarged, or restrained by this act. The 
limits and boundaries of the town of Galena, as laid out by Boundaries, 
the commissioners, appointed by the General Government, 
under the act of Congress, passed July 2, 1836, shall be the 
limits and boundaries of the city of Galena. 

Sec. 2. The corporate powers and dufiesofsaid city, and Powers vested 
the government and administiation of all fiscal, prudential, or ^11"^^'°^' ^ 
municipal affairs thereof, shall be vested in a mayor and a 
board of aldermen, to be chosen in manner hereinafter pro- 
vided, and who shall constitute the city council. 

Sec. 3. The president and trustees of the town of Galena 
shall, as soon as practicable, after the passage of this act, 
cause said town to be divided into wards, in such a manner Wards, 
as to include an equal number of inhabitants in each ward, 
as nearly as may be conveniently done, regard being had to 
streets, or other well defined hounds of such wards; and the 
same shall be entered upon the records of the town, and pub- 
lished in the same manner as corporation ordinances of said 
town are now required to be published; and it shall thereaf- 
ter be lawful for the city council, not oftener than once in 
each year, to alter such divisions or wards, or to increase the Wardsmaybe 
number thereof, preserving, as nearly as may be conveniently ^^'^^I'^'i- 
done, an equal number of inhabitants in each ward. 

Sec. 4. The city council shall, ten days before any annu- 
al election, appoint three judges of election for each ward, ^^qjj^^^" ^ ^^" 
who shall remain in office one year, and have the same power 
as judges of general elections in this State: Provided, That Proviso, 
the president and trustees of the town of Galena shall appoint 
the judges for the first election under this act. 

Sec. 5. The president and trustees of the town of Galena, 
as soon as practicable after the acceptance of this act, shall, 
by ordinance, fix and determine the day of the first election. First election, 
and also the day on which the mayor and aldermen first elec- 
ted shall enter upon the duties of their offices; and on the day 
80 to be fixed for the first election, and on the first Monday in 
March in each subsequent year, the white male citizens of 



26 LAWS OF ILLINOIS. 

Galena shall, in their respective wards, and at such hour, 

and place, or places, as rhall be ordered by the president 

Annual elec- ^"^ trustees for the first election, and by the city council for 

tion. all subsequent elc( tions, proceed to elect, in such manner as 

the picsident and trustees for the time being, or the city 

council, shall ordain, some person to be mayor of said city, 

and two persons in each ward, who shall be residents in llie 

Proviso. ward for which they may be elected, to be aldermtn: Provi- 

dea\ That no person shall be eligible to the office of mayor- 

or alderman, who shall not have resided within said town or 

city for at least ore year next immediately preceding his 

election, or who shall be under the age of twenty-one years, 

Qualification ^'' ^'^^ ^^^^^ ^^^-f '^^ ^^^ time of his election, be a householder 

ofvoters. in Said town or city, and a citizen of the United States, and 

no other qualifications shall be required. 

Sec. 6. No person shall vote at any election under this 
act, except in the ward in which he resides at the time of such 
electior), nor unless he shall have attained the age of twenty- 
one years, and shall have resided within said town or city for 
at least six months next immediately preceding such election, 
and shall be a citizen of the Unitred States; and every person 
shall, if required by any qualified voter, before he shall be 
permitted to vote, take the following oalh or affirmation be- 
Oath to be fore the judges of the election, or any one of them: — "You 
taken by vo- swear (or affirm) that you arc twenty-one years old; that you 
^^^^' have resided in the town or city of Galena, for six months 

next immediately preceding this day; that you are now a 
resident of this ward, and a citizen of the United States; 
and that you have not voted at this election." 
Poll-books. Skc. 7. In all elections under this act, poll-books shall be 

kept by the judges of elections in their res[)ective wards in 
the manner in which poll-books of State elections arc requir- 
ed to be kept; one copy whereof, certified by said judges, 
?ohl °i*^^n"^' ^'^'^" ^^' '^^^'^''"^^ forthwith to the clerk of the city, who, upon 
derkordry.^ ^'^^ ''^*"'^'P*^ thereof, shall file the same; and the said city 
counri' shall, on the day after such election, meet and exam- 
ine and compare all said returns; and that person who shall 
have received the greatest number of all the legal votes cast 
for mayor, in all the wards of said city, shall be mayoi for 
the enuing year, and until his successor shall be elected and 
qualified; and those two persons in each war J, who sliall have 
received the greatest number of all the votes cast in the res- 
Aldermen, pective wards for aldermen, shall be aldermen for such wards 
for one year, and until their successors be chosen and quali- 
fied; and the said city council shall issue cerificatcs of elec- 
tion, under the seal of the corporation, to each person so 
elected, and in said certificate shall specify a lime, not less 
than thre'^ days, nor more than fevon days after such election, 
and a place within said corporation, when and where the 
persons elected shall attend and take the oath or affirmation 
Proviso. oi' office: Provided, In the first election under this act, all the 



LAWS OF ILLINOIS, 27 

duties required to be performed by the city council, and by 
the clerk of the city, shall be performed by the president :md 
truste(;s of the town of Galena, and by their clerk, respec- 
tively: Provided^ Tn case the first election under this act Proviso, 
shall not take place on or before the first Monday in March, 
18 9, the mayor and aldermen chosen at said first election 
shall iiold their oflicc till their successors be chosen and qual- 
ified under this act. 

Skc. 8. Vacancies in the office of mayor or aldermen shall Vacancies, 
be filled by special election, to be called by the city council, '^°^'^*'*-''^" 
and to l)e conducted in the same manner as annual elections: 
Provided, In case, after the first election under this act, it shall Proviso, 
ever happen that all the offices of mayor and aldermen be 
vacant, the clerk of the city shall perform all the duties re- 
quired to be performed by the city council in relation to 
elections: Jlnd further provided, That not less than ten days' Further pro- 
notice shall be given of any annual or special election. ^^^°' 

Sec. 9. After the first election under this act, the mayor 
and aldermen shall enter upon the duties of their offices on 
the second Monday in March, in each year, or as soon after 
as practicable; previous to w-liich, the mayor elect shall be 
svvorn or affirmed by some judge, or justice of the peace 
within the county of Jo Daviess, to support the constitution 
of the United States and of the Slate of Illinois, and well and 
truly, to the best of his ability, to discharge the duties of his 
office; and the mayor, or such judge or justice, shall adminis- 
ter the like oath or affirmation to the several aldermen; and 
certificates of all such oaths or affirmations shall be entered 
upon the journal of proceedings. 

Sec 10. In case the mayor shall at any time be guilty Omission of 
of a palpable omission of duty, or shall wilfully and corrupt- duty, 
ly be g'lilty of oppression mal-conduct or partiality in the 
discharge of his office, he shall be liable to indictment in the Liable to in- 
circuit court for Jo Daviess county, and on conviction he shall ^^ ^^'^ ' 
be fined not less than two hundred dollars; and the court 
shall have power, on the recommendation of thejury, to add to 
the judgment of the court that he be removed from his office. 

Sec. 11. The mayor shall preside at all meetings of the 

city council, and shall have a casting vote and no other: in ^i"^^^"^ '^°*^ 

r 1 /'I . • 1 of mayor, 

case oi non-attendance or the mayor at any meetmgs, the 

aldermen shall appomt a chairman, who shall preside at that 

meeting, 

Skc. 12. The mayor or any two alderman may call spe- Special meet- 
cial meetings of the city council. ' ^°^^' 

Se<";. 13. The mayor shall at all times be active and vigi- 
lant in enforcing the laws and ordinances for the govern- 
ment of said city; he shall inspect the conduct ot all subor- 
dinate officers of said city, and cause negligence and positive 
violation of duty to be prosecuted and punished; he shall 
from time to time communicate to the alderman such infor- 
mation, and recommend all such measures, as in his opinioa 



28 



LAWS OF ILLINOIS. 



Power 
mayor, 



(^f 



Refusal to 
obey call of 
mayor. 



Mayor a ju 
tice of the 
peace. 

Jurisdiction 



Powers. 



may tend to the improvement of the finances, the police, the 
health, security, comfort, and ornament of the city. He is 
hereby authorized to call on every male inhabitant of said 
city, over the age of eighteen years, tj aid in enforcing the 
Incase of riot. ^'^^^ ^"^ ordinances, and, in case of a riot, to call out the 
militia to aid him in suppressing the same, or in carrying into 
effect any law or ordinance. Any person who shall 
not obey such call of the mayor or his agent, shall forfeit to 
the said city a fine not exceeding fifteen dollars. The ma^'or 
shall have power, whenever he may deem it necessary, to re- 
quire of any of the officers o( the said city, an exh bit of his 
books and papers. He shall have power to do all that may 
be required of him by any ordinance made in pursuance of 
this act. He shall also be a justice of the peace in said city, 
and as such he shall Lave power and authority to adminis- 
ter oaths, issue writs and process under the seal of the city: 
he shall have concurrent jurisdiction with all other justices 
in all civil and criminal cases within the limits of said city, 
and shall receive the s:^me fees and compensation for his ser- 
vices. He shall have power and authority to take the ac- 
knowledgmentsof deeds, mortgages, and all other instruments 
and certify the same under the sea! of the city, all of which 
shall be good and valid in law. Ha shall also have such ju- 
risdiction as may be vested in him by ordinance of the city 
in and over all places within six miles of the boundaries of 
the city, for the purpose of enforcing the health and quaran- 
tine ordinances and regulations thereof: and he shall receive 
for his services such salary as shall be fixed by an ordinance 
of the city. 

I Sec. 14. The mayor and alderman shall be commissioned 
Mayor and al- by the Governor as justices of the peace, and as such shall 
dermen com- [3^ conservators of the peace within the city [of] Galena, and 
Gowrnor. ^ shall severally have all the jurisdiction and powers of justi- 
ces of the peace in criminal and civil matters. 

Sec. 15. In case the mayor shall remove from said city, 

Vacancy in ^^^ office shall thereby be vacated. In case any alderman 

office of mayor shall remove from the ward in and for which he was elected, 

or aldermen. }^|g office shall thereby be vacated. In case the mayor elect, 

or any alderman elect, sha'l refuse or neglect to attend at 

the time and place specified in his certificate of election to 

take the oath or affirmation of office, and shall not, within 

seven days after his election, ofier a reasonable excuse for 

Q^Jgj such non-attendance, or shall refuse to lake the said oath or 

affirmation, his office shall be thereby vacated. 

Sec. 16. At all meetings of the city council, a majority 
of all the alderman elected shall constitute a quorum to do 
business, but a minority may adjourn from day to day, and 
compel the attendance of absent members, in manner to be 
provided by the city council. 



Salary of 
mayor. 



Non-attend- 
ance of 
elect. 

Quorum. 



LAWS OF ILLINOIS. 29 

Sec. 17. The citj council are hereby declared to be the successors of 
successors in office of the president and trustees of the town pi-esideat and 
of Galena, and may take and hold property in trust or oth- trustees. 
erwise. 

Sec. 18. The city council shall be judges of the qualifi- 
cations, elections and returns of their members, and shall 
have power to make and enforce rules of proceeding; to com- 
pel the attendance of absent members; to punish for disor- 
derly conduct; and, by a vote of two-thirds of the alderman 
elected, to expel any alderman. But if such alderman be re- 
elected, to fill the vacancy occasioned by his expulsion, he 
shall n6t be again expelled lor the same ofTcnce. 

Sec. 19. The city council shall have full power and au- Taxes, how 
thority to assess, levy, and collect taxes upon all properly, ^^^j'*^^'^'^ ^°'* 
real and personal, within the limits of said city, exct-pt the 
wearing apparel of any person, and the necessary im pie- Articles ex- 
ments and tools of any person used in the exercise of his or empted from 
her profession, trade or calling, and to regulate by ordinance ^^^*^^°"' 
the mode of collecting the same: Provided, That no tnx p^jj^jg^^ 
shall exceed the yearly rate of one-half per centum upon the 
assessed value of the property taxed. 

Sec. 20. All taxes may be collected by distress and sale rj,^^^ howcol- 
of the property taxed, and, if there be no purchaser, the same lected 
may be bought by the city of Galena. 

Sec. 21. Whenever, after paying all t»xes due and all 
costs of sale and collection, there shall remain any overplus of 
the money received from such sale of any property for tax 
or taxes, such overplus shall be paid, without interest, to ihe 
owner or owners of the property sold, his, her, or their repre- 
sentatives, on demand: Provided, That no greater amount Proviso, 
of real estate shall at any time be sold than will be sutiicient 
to pay the taxes and costs due from such person. 

Sec. 22. All real property sold for a.ny tax or taxes, by 
the city council, shall be subject to the same right of redemp- Right of re- 
tion, and the same termj as now are or may hereafter be <^emption. 
provided by the laws of this State for the redemption of real 
estate sold for taxes due the State. 

Sec. 23. Tho said city council shall have full ?nd exclu- ^^^.g^ggg ^^^^ 
sive power and authority to license, tax, and regulate mer-es, pedlers, 
chants, vendors of goods or merchandize, tavern keepers, or- '^<^- 
dinaries, auctioneers, pedlers, hackney carriages, wagons, 
carts and drays, brokers of all kinds, common carriers, com- 
mon porters, and all ferries within said city; to tax, license, 
regulate, and restrain or prohibit theatrical or other shows, Theatres, 
groceries, retailers, tipling-houses, houses of entertainment, 
and the going at large of dogs, horses, cattle, swine, sheep 
and goats; to prohibit steam locomotives from being run upon Locomotives, 
any road or railroad within the inhabited parts of said city; 
to prohibit and restrain gaming and gaming-houses; to Gaming, 
prohibit the firing or discharge of any fire-works within said 
city, or of any gun or fire-arm in said city, except in defence 



30 



LAWS OF ILLINOIS. 



Night watch. 
Lamps, wells 
Squares. 



Side-walks. 



Walls and 
fences. 



Wharves. 



Hay, coal, 
wood. 



Fires. 



Lotteries, 



Side-walks. 



of the person or family, or property of any citizen, and ex- 
cept by any military company; lo establish night watches and 
.patrols; to erect lamps, sink wells, and erect and repair 
and maintain pumps in the public squares, streets and places; 
to construct, widen, alter, preserve, or discontinue streets, 
lanes, ways, squares, drains, and wharves; to pave, Mcada- 
mize, and grade the same, and remove obstructions there, 
irom; to construct side-walks at the expense of (he owners 
of lots in front of which the same shall be constructed, or at 
the expense of the city; to regulate weights and measures to 
be used in said city, and seal the same; to regulate, parapet 
and partition walls, and fences; to regulate the anchorage 
and mooring of vessels; to regulate the erection of public 
and private wharves, and the rates of wharfage thereat; to 
inspect wood, building materials, coal, lime, and provisions of 
all kinds; to regulate guaging, the weighing of hay, the mea- 
sure of coal, wood, and lime; to prevent forestalling; to pre- 
vent and remove nuisances; to prevent the introduction of 
contagious diseases, and for this purpose to make health and 
quarantine regulations, and cnlorcc the same in all places 
within six miles of the boundaries of said city; to provide for 
preventing and extinguisliment of tires; to organize fire com- 
panies, and appoint tire wards; to regulate the storage, sale, 
and transportation of all combustible materials, and burial 
ground:3 owned by said city; to license, tax, or prohibit the 
sale of any lottery tickets within said city; to borron^, upon 
the faith and pledge of the city, so much money as they may 
deem necessary and expedient, not exceeding twenty-thou- 
sand dollars in any one jear, and to issue bonds, scrip, or 
certificates tliorefor ; the money so borrowed to be ex- 
pended and applied in liquidation of the debts of said town 
or city, a*nd in the permanent and useful improvements there- 
of; to take, purchase, and hold estate, real and personal, and 
to lease or sell the same. 

Skc. 24. The said city council shall have power and au- 
thority to prevent and punish riots, disturbances, disoiderly 
assemblages, and disorderly housfis; any open indecencies, 
breaches of the peace, horse-racing, obstructing the. streets, 
side-walks, or public high-ways; and, generally, to regulate 
and maintain the police of said city. 

Sec. 25. That upon the application of the owneis of two- 
thirds of the front of the lots on any street or parts of a street, 
it shall be lawful for the city council to levy and collect a 
special tax on the owners of the lots on said street or parts 
of streets, according to their respective fronts, for the pur- 
pose of grading and paving the side-walks on said street; 
and, upon similar cipplication, to levy and collect a tax in the 
same manner, for the purpose of erecting lamps and lighting 
ths same. 

Sec 26. Upon complaint made, on oath, by any alderman 
or fire-ward to the major, or any justice of the peace resid- 



LAWS OF ILLINOIS. 31 

ing within the said city, th;it he has reason to suspect, and 
docs suspi ct, ihat combustible mateiiaJs are stored in an un- Combustible 
sate way, or that any stove-pipe, flue of any ct)imney,is in an "^lenaJs. 
unjafe condition, so that the saiety ofany l)uildic)gs is endan- 
gered thereby, said mayor or justice shall issue his warrant, Warrant, 
directed to the marshal or his deputy^ ordering him, after do-' 
mand of entry, in the name of the city, at the door of the 
building, and there search for such cumbustible materials, 
and examine such stove-pipe, flue or chimney, and make re- 
turn forthwith of his doings to the said mayor or justice; and 
if, upon examination of such return, the said justice shall 
find that tile said complaint Was true in substance, the mat- 
ters complained of shall be abated or removed, as nuisances, 
in mi:nner to be provided by ordinance, and the occupant of 
the building dealt with in manner to be provided by ordin- 
ance. 

Sec. 27. The said city council, whenever, in their opin- 
ion, the safety or convenience of the inhabitants of said city 
shall require it, are hereby empowered and authorized to 
alter or discontinue any street, lane, alley, way, square, Disoontinu- 
wharf or drain, or to lay out, open or construct any new ^"'^'^°^®^''^^'® 
street, lane, way, square, wharf or drain, and for that pur- 
pose may take any lar.d that may be required for the same, 
and remove any building whatever, upon giving twenty days' 
ijolice thereof in any newspaper published in said city of 
Galena; and the said street, lane, way, square, wharf, or 
drain, being recorded in the records ofsaid city, shall thereby Records, 
be estatjlished as such; and the owner or owners, or tenant 
for years, ofany lands, tenements, or buildings that may be 
injured by such discontinuance or alteration, or that may be 
taken or removed, shall receive such recompense for any 
damages sustained thereby as the parties interested therein Damages, 
and the said city council shall agree upon, or as shall be 
awarded by arbitration; in case the parties shall submit the 
same to arbitration, such submission in all cases to be made 
a rule of couri in the circuit court for Jo Daviess county; or, 
in case of disagreement and refusal ofany party to sulimit to 
arbitration, such recompense as shall be ordered and decreed 
by the said circuit court, sitting as a court of chancery, and 
which recompense or amount of damages shall he ascertain- 
ed by said court in the following manner: Application to 
said court, either by said city of Galena, or any party inter- 
ested in any lands, tenements or buildings, taken, removed, 
or injured, as owner or tenant ior years, shall [be] by petition, 
addressed to said court, sitting as a court of chancery; which 
petition shall be filed with the clerk as bills in chancery are, 
and shall state the facts of the case, and the rediess prayed 
for; and the said court shall have power to make all necessa- 
ry rules and orders, and to bring all proper persons as parties 
belore said court, in order to make a final decree in and ron- 
ceining the premises; and said c'ourt shall proceed, by the 



32 



LAWS OF ILLINOIS. 



Alteration of 
streetb, or 
way. 



Consent of in- 
habitants. 



City council 
may erect 
buildings. 



Public free 
bridges. 



Proviso. 



Further pro- 
viso. 



examination of. witnesses, in open court, and by depositions 
taken in the cause, to make a final decree and assessment of 
damages, if any; or, on the application of said city, or any 
party, may cause the quantum of, or right to, any damages to 
be assessed by a jury in said court, without fonoai pleadings, 
and render a decree accordingly. 

Sec. 1^8. Whenever any person or persons shall apply to 
the city council, praying for any alteration of any street, or 
tor tlie opening of any new street, way, lane, square, wharf 
or drain, and the said council shall see tit to grant such appli- 
cation, in whole, or in part, it shall be lawful for said city 
council to settle and adjust, with any person whatever, the 
amount which shall be assessed and paid to the city of Galena, 
upon his or their property, by reason of any benefit resulting 
from sucii alteration or improvement; and all contracts what- 
ever, in relation to the same, shall be good and valid. 

Sec. 29. No street, lane, way, square, wharf or drain, 
shall be laid out or constructed in, upon, or through any en- 
closure used or appropriated to the burial of the dead, un- 
less, if the same belong to the city, the consent of the inhab- 
itants be first had and obtained; or, if the same belong to any 
religious, or other society, unless the consent of such society 
be had and obtained. 

Sec. 30. The said city council shall have power and au- 
thority to erect, purchase, acquire, hold, maintain, and regu- 
late hospitals, jails, houses of correction, work-houses, mark- 
ets and other public buildings and places, and shall also have 
power and authority to construct, or cause to be constructed, 
aqueducts, or other water-works, for the purposes of bringing 
water within the said city, and to regulate and maintain the 
same; for which purposes, private property may be taken 
and entered upon; compensation for damages actually sus- 
tained thereby to be made and adjusted as provided in sec- 
tion twenty-seven. 

Sec. 31. The said city council shall have power .ind au- 
thority to build and construct, or cause to be constructed, 
and to keep in repair and maintain so many public free 
bridges over and across Fever river and the branches thereof, 
within said city, as to them shall seem necessary and expe- 
dient, any law of this State to the contrary notwithstanding; 
and lands and buildings may be taken or removed therefor in 
manner provided in the twenty -seventh section of this act; 
and they shall have power to regulate the manner in which 
said bridge or bridges shall be used so as to preserve the 
same: Provided^ Nothing in this act shall authorize said city 
council, or any other person, to ask, demand, or receive any 
rate or toll of or from any passenger over said bridge or 
bridges, or of orfiom any vessel or boat passing the same: 
And further provided^ That the said city council shall be 
holden to make compensation to any person whose land may 
be appropriated to the use of said bridge or bridges over 



LAWS OF ILLrNOIS. 33 

.,.and-2.i:ro::3 the main river — shall be constructed either with Bridgesacross 
an arch not less than fortj-five feet high above ordinary main river, 
high water, by not less than one hundred feet span, or with a 
draw not less than sixty feet wide: And further providt:d,^'^oviso. 
That said city council shall afford all necessary and proper 
accommodation to vessels and boats that have occasion to 
pass surji bridge or bridges by night or day; and if nny ves- 
sel or boat be unreasonably delayed or hindered in passing the 
draw of any such bridge or bridges, by the negligence of Negligence of 
the said citj council, or of their agents, in discharging the city coaucil 
duties enjoined upon them by this section, the owner or com-"'" ^^^^'^ ** 
mander of such vessel shall recover reasonable damage ^'^'^^^' 
therefor of said city, in action upon the case. 

Sec. 32. The said city council shall, by virtue of their 
offices, be trustees of common schools in and for the said 
city of Galena, and they shall also have full power and au- 
thority to establish, maintain, and regulate such schools as Schools, 
they >nay think proper and expedient; and all money aris- 
ing from any fund for the support of schools, or for educa- 
tional purposes, either from the Government of the United 
States or from the State of Illinois, and to which the inhab- 
itaatsof Galena may now or hereafter be entillcd, shall be 
paid to the treasurer of the city of Galena, to be expended by 
said city council, for purposes of education, within the limits 
of said city, and for no other purpose. 

Sec. 33. No member of the city council shall, during the 
period for which he was elected, be directly or indirectly in- 
terested in any contract, the expenses or consideration of 
which are to be paid from the city treasury, under any or- 
dluimce of said council: Provided, Nothing herein contained „ . 
sImH be construed to prohibit the mayor or any officer of 
said city from receiving his salary or fee as such officer. 

Sec. 3t. The city council shall, at least ten days before any Noticoofeleo 
annual election under this act, publish, in one or more news-'^°"" 
papers in Galena, a full and correct statement of the receipts statement of 
and cjjpendiLures of the city, from the date of the l.ist an- receipts and 
nual statement, and therein shall set forth the particular ^^P^"'^^'^"™^ 
amounts received, and from what sources, and the purposes tor 
wliich the same have been expended, and the amounts due 
to, and the amounts owned by, said city, together with a par- 
ticular statement of all city property, and such other infor- 
mation as may be necessary for a full and perfect under- 
standing of the financial concerns of the city. 

Sec. 35. The city council shall, in each year, appoint one 
er more assessors, a treasurer, a collector, an attorney and Assessors, 
solicitor, a city marshal, a superintendent of ways and^^*^^ appomt- 
bridges, and a city clerk, and such other officers as they may 
deem proper and expedient, and shall define their several 
d ities and tenure of office, regulate and prescribe the mode 
of appointing deputies, fix and regulate their salaries and Salariesand 
fees, and require all persons intrusted with the collection, fees. 



34 LAWS OF ILLINOIS. 

custody, or disbursement of the public money or property, to 
Bond. give such bond and sureties as may be necessary to secure 

accountability in the affairs of said city. And all persons 
appointed to any oflice by (he city council shall, before en- 
All officers tering upon the duties thereof, be sworn or affirmed to the 
to be sworn, faithful discharge of the duties of said office; and which 
oath or affirmation shall be made before the mayor of said 
city, or some judge, or justice of the peace, residing in the 
county of Jo Daviess, and a certificate of said oath entered 
City mar- upon the journal of proceedings. The city marshal and his 
Bhal. deputies, appointed in the manner to be prescribed by the 

city council, shall possess the same povi^ers and perform the 
same duties, within the limits of the city, as the constables in 
the different counties possess and perform, and shall have 
such further powers, and perform such other duties, as may 
be prescribed by any ordinance of said city under this act; 
and, in addition to the fees now chargeable by the constables, 
Fees of city said marshal and his deputies may be allowed fifty per cent, 
marshal. thereon. 

Sec 36. The said city council shall have power and au- 

Ordinance tj^Qi-jty to pass all ordinances, or by-laws, and to do all other 

an ye- ^^^- g^j,^g g^^^j things necessary to give effect and operation to the 

powers vested in the said city by this or any former act, or 

vested in said city, as a municipal corporation, by common 

law: Provided^ Such ordinances be not repugnant to the 

roviso. constitution of the United States, nor to the constitution or 

laws of this State. 

Sec. 37. The enacting style of all ordinances or by-laws, 
shall be as follows: 

Be it ordained by the mayor and aldermen of the city council 
J^y\TS\or-of Galena, in council. And all such ordinances and by-laws 
dinances. shall be signed by the mayor, or, in case of his absence from 
To be signed the city, by the chairman of the meeting, and the clerk of 
by mayor. ^Y\e city shall countersign the same, and certify the day of 
Counters^n- ^j^g passage thereof; and such ordinances shall not take effect 
^whenUD till the tenth day after the same have been published in 
take effect, some newspaper in Galena, or posted up in three of the 
mo«t public places of said city. And all ordinances and by- 
laws, so passed and published, shall be binding upon and 
against all persons coming within the limits of said city, as 
well as upon the inhabitants thereof. 

Sec. 38. All copies of such ordinances or by-laws, certi- 
fied by the clerk or mayor, under the seal of said corpora- 
tion, and all printed copies of the same, purporting to be 
P . , printed by authority of the, city council, .shall be evidence in 

VI ence. ^^^ courts whatever; and all transcripts from the record or 
journal of the proceedings of the said city council, or of 
the said president and trustees of the town of Ga'ena, cer- 
tified by the mayor or clerk of the city, under the seal of the 
corporation, shall be evidence in all courts whatever, in the 
same manner as if the original were produced. 



LAWS OF ILLINOIS. 



35 



Sec. 39. The said city council may impose a fine or for- Fines and 
feiture, not exceeding one hundred dollars for any one of- forfeitures, 
fence, upon the breach or violation of any ordinance or by- 
law of said city, or upon the neglect or violation bf any duty 
imposed by such by-lav^^ or ordinance, and may also punish 
such violation or neglect by imprisonment, not exceeding 
ten days, either in lieu of or in addition to such fine or for- 
feiture; and all fines, forfeitures or penalties imposed by 
this act, or by this ordinance or by-laws of said city, may be 
sued for and recovered in the name of the said city, before 
any justice of the peace residing within the limits of said- 
city, by action of debt, or otherwise; and it shall be the duty 
of any justice of the peace residing in said city, and he is 
hereby authorized and empowered, on complaint being made 
to liim, on oath, of the violation of any law or ordinance of Complaint 
said city, or of the neglect or violation of any duty imposed on oath, 
thereby, to ivSsue his warrant, directed to the city marshal or 
his deputy, or, in their absence, to any authorized county ofli- 
cer, to apprehend the offender or offenders, and bring him or 
them forthwith before him; and if after hearing the evidence 
it shall appear that the accused has been guilty of the viola- 
tion of any such law or ordinance of said city, of neglect or 
violation of any duty imposed thereby, to impose such fine or 
imprisonment as may be pointed out in such by-law or ordi- 
nance. And in all cases, esecution for the amount of such Execution to 
fine, forfeiture, or pecuniary penalty, M'ith costs, shall issue issue, 
forthwith against the goods, chattels, and body of the per- 
son or persons convicted; which execution shall be levied on 
the goods and chattels of the offender oroftenders; and if no 
such goods or chattels be found, he or they may be taken 
and uiiprisoned, in addition to any imprisonment imposed by inprison- 
such ordinance or by-law, or by the court ov magistrates assent, 
above provided, in the coamy or city jail, forty-eight hours 
for the first ten dollars of such fine, Ibrfeiture, or pecuniary 
penalty, and twenty-four hours for each additional ten dol- 
lars thereof: Provided, however, That writs of certiorari and Proviso, 
appeals shall be granted from judgments under this act, as 
in othe":" civil cases; and in all cases under this act, the de- ^ , 
fendant shall be entitled to an appeal to the circuit court, by j^g^y^JJ^p^^J 
entering into bond or recognizance, as the case may require, to circuit 
before the clerk of the circuit court of Jo Daviess county, court, 
within twenty days after the rendition of the judgment, with 
such security and" in such an amount as the clerk may think 
right and proper. 

Sec. 40. In all cases where the penalty shall be pecuniary 
alone, and shall not exceed tvv enty dollars, the matter shall 
be tried and determined by the magistrate; in all other 
cases, either party shall be entitled to a jury. 

Sec. 41. No trial shall be continued on the application of Continua- 
the defendant, unless the defendant enter into recognizance tion of trials, 
to the said city, with one or more sufficient securities, inhab- 



m 



LAWS OF ILLINOIS. 



Roads to be 
kept in repair 



Refusal to 
wo 7k on 
streets. 



A^t deemed 
public. 

To be ac- 

cap'c.I by in- 
Labltauts. 



Judges of 
eleciians. 



itants of said city, conditioned for said delendant's appear- 
ance pursuant to such continuance* 

Srx. 42. No person sliall be disqualified from l)cing a 
judge, juror, witness, or officer, in any suit or action whatever 
under this act, or under any ordinance oi the cit) council^ 
by r(;ason of any interest he may have as an inhabitant of 
said ciiy, or as an oilicer thereof, in common with other in- 
habitants of said city, in any money or property to be re- 
covered thereby. 

Sec. 43. The said city council shall keep in repair all ne- 
"csssar}' public roads v/ithin tiie limifs of sdid city, and one 
mile iVom the centre thereof; and for thai purpose shall have 
full and rx(.lusive power and authority to call on all able- 
bodied men, over the age of twenty-one years, residing in 
said city, lo perform three days" labor on the roads and ways 
of the said city, and witliin one mile of the centre thereof, 
or to pay into ihe city treasury (he sum of one dollar for 
each day any person shall omit or refuse to labor; and said 
city shall have power to sue for and collect the same. 

Sec. 44. Whenever, from any cause, the annual election 
of mayor and aldermen shall not be duly held on the first 
Mondny of March, it shall be lawful for said inhabitants to 
hoi i the same at any day thereafter, upon iJie required no- 
tice being given. 

Sec. 45. This act to be a public act, and to take effect 
from and after the time the same siiall be accepted by a vote 
of the majority of the inhabitants of said city. And the 
president and trustees of tne town of Galena shall, at as 
early a day as practicable after the passage cf thi- act, cause 
the same to be published in all the newspaper^ i;.) Galena, 
and, by at least ten days notice, call upon voters cjualitied 
by this act to vote, at such time and place, and in sucli man- 
ner as shall be directed in said notice, for or against the ac- 
ceptance of this act. And the said president and trust'?es 
shall appoint judges of said election, as in other elections; 
and tiie said president and trustees shall forthwith, by public 
notice, declare the result of said election, and, if this act be 
accepted, shall tlx and declare a day of election fci ity 
officers, and a day for the organization of city gOT/e«njncut. 

Appuovkd, loth February, ib39. 



LAWS OF ILLINOIS. 37 

AN ACT to amend the act, entitled "An act for the reliel' of Nathaniel In forcr-, Jaa 
Pope and otheia, approved, "^Ist July, 1837." i'8, 1839. 

Sec. I. Bsii enacted by the Pr-iple of the State of Illinois, 
rr'.priisc dcA i,i thz General Assembly^ Thiit the commissioners, 
Nathaiiiel jjackmaster, John B. Hundley, and Sherman W. Commissl'n'rs 
Robbins, .ippolnted by the circuit court of Madison county, appointed bj 
under the v'ovisious of the act to which this is an 'imend- ^g"''jjj;'^'^"^\J° 
ment, to sell certain iots an i lands in the city of Alton, are tain lots in 
hereby authorized and required to set apart and assign, ac- Alton, 
cording to hiw, to Abial Easton, widow of Rufus Easton, de- 
ceased, her dower to certain lots and lands in the said city 
of Alton; the same being the said lots awd land conveyed by 
said Rufus Easton to Natiianisl Pope and others, and bound- 
ed on the west by Market street in the city of Alton; on the 
east, by the line running north and south, between sections 
eleven and twelve, and thirteen and fourteen, in township, 
number five, north of range number ten, west of the third Comm'ra to 
principal meridian; and on the south, by the Mississippi r\nvii:y said 
river. Said commissioners shall notify the said Abial Easton ^^ "^* 
of the time and place of acting under this section, at least jf ^ot found, 
ten days before such action; but if she cannot be found so public notice 
as to serve .-^uch notice, then the notice, published for four ^^"'^^"'^"^ ^^ 



persoual 
vice. 



weeks in some newspaper published in Alton, shall be equiv 
alent to personal service. 

Sei;. 2. When the dower shall have been assigned as 
atoresaid.the reversionary interest in the lots and land assign- 
ed shall bo sold by t\\e said commissioners, at the time, upon 
the terms, and in the manner, that the other lots and land 
are required to be sold. 

Sec 3. The sale authorized by this, and the act to which 
this is an amendment, shall take place at any time after no- 
tice givet], as required by the act to which this is an amend- 
ment, any thing in '=aid ace to the contrary notwithstanding. 

Sec. 4. Each purchaser shall deposite the purchase money, 
or a certificate of interest obtained under the provisions of pm-chaser to 
the act to which this is an amendment, in the branch of the deposite in br 
State Bank of Illinois, at Alton, in favor of the State; and bankatAItou 
the certificate of the cashier of said branch bank, of such 
deposite shall be received by the commissioners as so much 
cash. 

Sec. 5. When the commissioners shall have made the Court to make 
Bale required of them, and reported to the court, if their pro- order for copy 

ceedings and report shall be ratified and confirmed by the "'ifcord tote 
o 1 t^, ,, , 1 . . , ■^ ^filidwrhAu- 

court. an order shall be made requirnig a complete copy of ditorofFublie 
the record and proceedings in the cause to be made out, cer- Accounts, 
tified by the clerk, and filed in the office of the Auditor oi 
Public Accounts of the State. The court shall also make 
an order requiring the costs to be paid by the several parties 
in interest according to their respective interests; and a state- 
ment of the costs shall be certified to the Auditor with the 



38 LAWS OF ILLINOIS. 

Master in record aforesaid. The court shall aiso make an order re- 
chanceryto q^jrinff the master in chancery of said court to execute 
execute deeds ^ , » ^ , , -^ , , j^ /• 

of convey- deeds 01 conveyance to purchasers, upon the payment oi 

ance. the purchase money ; which order shall confer the authority 

to convey upon the master in chancery who may be in 
office at the time the conveyance may be requiied; and 
the conveyance thus made shall operate to vest a com- 
plete legal title in the purchaser. 

Sec. 6. From the record filed with the Auditor of Public 
to be^audited Accounts, the accounts of all parties in interest shall be au- 
by Aud. Pub. dited by the Auditor of Public Accounts, and the amount due 
Accounts. each party shall be paid out of the funds deposited in the 
branch bank aforesaid, upon the order of the Auditor; but 
Costs h ^^^ ^°^''^ ^^^^^ ^^ ^^^^ paid, and deducted from the dividends 
paid. of the parties in interest, upon the order of the Auditor. 

Sec. 7. So much of the act to which this is an amend- 
re ^l°d^^' ment, as requires the commissioners to give bond and securitj , 
and all other parts of said act inconsistent with this act is 
hereby repealed. 

This bill having remained with the Council of Revision ten days, and 
the General Assembly being in session, it has become a la-iv, this eighteenth 
day of January, 1839. 

A. P. FIELD, Secretary of State. 



In force, Jan. ^^ ACT legalizing the assessment of the property taken in the county of 
12, 1839. Peoria for 1838. 

Preamble. Whereas, by the revenue laws now in force within this 
State, it is made the duty of the treasurers of the several 
counties to complete their lists of taxable property, and 
make return to the clerks of the county commissioners' 
courts, on or before the first of July annually: and whereas, 
by the appointment of a treasurer, in and for the county of 
Peoria, on the sixteenth of May, 1838, rendering it impossi- 
ble for said treasurer to complete his list and make returns 
as required by law: Therefore, 

Sec. 1. Be it enacted hy the People of the Stale of Illinois, 
represented in the General Assembly, That the assessment ta- 
ken by Ralph Hamlin, as treasurer of Peoria county, for 
the year 1838, be and the same is hereby declared good, valid, 
and in every respect legal, whether taken and the returns 
Proviso. made before or after the first of July : Provided, The same was 
legally taken in other respects; and said assessment and re- 
turn shall not be set aside, or held to be null and void, for 
the causes above stated, any law to the contrary notwith- 
standing. 

Approved, January 12, 1839. 



LAWS OF ILLINOIS. 39 

AN ACT lesfalizinsr process issued by Judges and Justices of Probate. In force, Jan. 

7, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That letters of administra- Letters of ad- 
tion, letters testamentary, and all process, certificates, and all ministration, 
other papers, made or issued bj judges of probate, or justices j^'^^""^° 
of probate, to which the private seal of such judge or justice 
is or may be affixed, because of their being no public seal, n 
shall be as valid, to all intents and purposes, as though a pub- 
lic seal had been used; and the provisions of this act shall be 
considered retrospective as well as prospective. 

Approved, January 7, 1839. 



AN ACT to authorize Committees of the General Assembly to swear In force, Jan. 
witnesses. 7? 1839. 

Sec. 1. Beit enacted by the People of the State of Illinois, Chairman or 
represented in the General Assembly, Thatthe chairman, or any members of 
member of any committee appointed by either branch of committees of 
the General Assembly of the State of Illinois, or any member ^"Jj" ^l"^^^ 
of any joint committee appointed by the two Houses of the witnesses. 
General Assembly aforesaid, shall be authorized, under the 
direction of such committee, to administer oaths and affirma- 
tions to witnesses called before such committee for the pur- 
pose of giving evidence touching any matter or thing wMch 
may be under the consideration or investigation of the com- 
mittee; and oaths and affirmations, administered as aforesaid, 
shall be deemed and considered as having been administered 
lawfully. 

Approved, January 7, 1839. 



In force, Feb. 
AN ACT for the relief of the securities of Thomas Moore. g 1839, 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Austin Woodman, 
Hugh Jackson, Jabez Heaton, Joseph Johnson, William Car- released. 
lin, Elijah Jett, Mathias S. Link, and Hiram Keach, be, and 
the same are hereby released from the recognizance by them 
entered into as securities of Thomas Moore, in a case of the 
People of the State of Illinois against said Moore, now pend- 
ing in the circuit court of Greene county; and they or either 
of them are authorized to plead this act in bar to any pro- 
ceeding on said recognizance bond: Provided, That said secu- ''°"^°' 
rities shall pay all costs accruing in proceeding upon the 
recognizance. 

Sec. 2. This act to be and remain in force from and 
after its passage. 

Approved, February 6, 1839. 



40 



LAWS OF ILLINOIS. 



In force, Dec. 
19, 1838. 



Duty of audi- 
tor, niembers, 
speakers, 
clerks and as- 
sist an tp, en- 
rolling and 
engrossing 
clerks, and 
door keepers. 



AN ACT making partial appropriations. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Auditor of Pub- 
lic Accounts be, and he is hereb;y, required to draw his war- 
rant on the treasury, for the sum of one hundred dollars, to 
each member of the General Assembly, and a like warrant to 
theSpeakor of each House, the Secretary of the Senate, and 
the Clerk of the House of Representatives, and As:>istant 
Clerks of each House, to each of the Enrolling and En- 
grossing Clerks, and door-keepers of both Houses. 

Approved, December 19, 1838. 



In force, Jan. AN ACT authorizing the Governor to commission the Sheriif of Peoria 



12, 1839. 



Preamble. 



Power of 
Governor to 
commission 
shei-iff of 
Peoria. 



county. 

Whkueas, by an act passed on the twenty-first day of July, 
1837, the sherifT of the county of Peoria, is required to 
pay into the treasury cf said county the resident land 
tax, in lieu of a certain sum drawn from the State treas-, 
ury prior to that date; and whereas^ by a construction 
placed upon said act by the county commissioners of 
said county, the sherifT was required to pay into the county 
treasury the amount of tax collected on lands listed as 
resident lands, and lying in other counties; end zihercas 
the said sheriff', in accordance with such construction, did 
pay into the county treasury the whole amount of the tax 
collected by him on lands lying in other counties, thereby 
renderinghimself in arrears to the Stale treasury: There- 
fore, 

Sec. 1. Be it enacted by the People of the Stale oj Illinois 
represented in the General Assembly, That the Governor is here- 
by authorized and required to commission the said sheriff of 
Peoria county, who was elected at the August election, not- 
withstanding he was in arrears with the State at the time of 
his election: Provided, the said sheriff elect shall, within 
twenty days from the passage of this act, procure from the 
Auditor a quietus or certificate that he is not now in arrears 
with the State. 

Approved, January 12, 1839. 



In force, Jan. AN ACT to change the name of the town of Geneva, in the county of 
12, 1839. Warren. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
^a.me o^Ge- represented in the General Assembly, That the name of the 
neva changed town of Geneva, in the county of Warren be, and the same 
to Bedford. .^^ j^^^^j^^, changed to that of Bedford. 

Approved, January 12, 1839. 



LAWS OF ILLINOIS. 41 

AN ACT to repeal part of an act, entitled "An act to provide for the sale In force, Jan, 
of certain canal lands, and for other purposes." 5, 1839. 

Sec. 1. Beit enacted by the People of the Stale of Illinois, Part of 10th 
represented in the General Assembly, That so much of the tenth sec. repealed, 
section of an act, entitled "An act to provide for the sale of 
certain canal lands, and for other purposes," approved twen- 
ty-first of July, 1837, as provides that the loan therein mer- 
tioned should not be nnade until the whole of the means, 
available under existing laws, should first be exhausted, be, 
and the same is hereby, repealed. 

Approved, January 5, 1839. 



AN ACT authorizing a certain Loan for canal purposes. In force, Jan. 

21, 1839. 

Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Fund Commis- Fund com'rs 
sioncrs ol the State of Illinois are hereby authorized to loan foan°Sfooo 
the Illinois and Michigan canal fund the sum of three hun-to canalfund. 
dred thousand dollars, authorized to be borrowed by the act, 
entitled, "An act to provide for the sale of certain canal lands, 
and for other purposes," approved on the twenty-first day of 
July, one thousand eight hundred and thirty-seven; said loan Loan, when 
to be refunded on or before the first day of June ne^t, with Vi^_^.?j!^'^* 
interest, at the rate of six per cent, per annum, from the dale 
of the loan to the time of payment. 

Approved, January 21, 1839. 



Interest. 



AN ACT for the amending; the act, entitled "An act to provide for the In force, Jan. 
election of justices of the peace and constables, approved 30th Decern- 12, 1839. 
ber, 1826." 

Se"!. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That j'lstices of the 
peace, to whom the dockets and papers of other justices have 
been, or may hereafter be, transferred or delivered, because \ 
of the resignation, removal, death, or expiration of the term 
of service of the justice whose dockets and papers have been 
or may be transferred as aforesaid, shall be authorized to justices to 
issue executions upon all judgments remaining unsatisfied issue execu- 
upon s':;ch dockets, and proceed in the collection thereof as tions when 
though such judgments had been rendered by f he justice on deceased* 
having possession of such docket and papers. justices' 

Approved, January 12, 1839. dockets. 



42 LAWS OF ILLINOIS. 

^''t'',''^i^'''^^ ^^^^}^^'^^^^^^^<=i,^ritlt]ed "An act to prevent trespasses by 
1^, lOdy. cutting timber, approved twenty-seventh of February, 1819 .» 

Sec. 1. Be it enacted by the People of the State of Illinois, 
repi-eaented in the General Assembly, That the act to which this 
is an amendment shali be deemed and held as conferring ju- 
risdiction upon justices of the peace, to hear and determine 
causes arising under said act, in the manner therein provided, 
when the amount claimed does not exceed one hundred 
dollars. 

Approved, January 12, 1839. 



^°/ri839^°' ^^ ^^'^ *° P'""'^^ ^°T^, '^"^^"^ *^ accounts between the State and the 
' °^^' Illinois and Michigan Canal. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That, in order to ascertain 
the full amount expended by the State in the construction of 
the Ilhnois and Michigan canal, and in the preliminary steps 
taken by the State in relation thereto, and to perpethate 
Duty of Au-**^® evidence of said expenditure, the Auditor of Public Ac- 
ditor to open counts shall open an account, in a book to be provided for 
?ween"st'a?e" ^^^^ Purpose, between the State and canal, with each and 
andcanal. every sum o f money heretofore paid out of the State treas- 
ury iorthe use or on account of said canal, noting the date 
and amount of each payment, and referring to the law or 
resolution under which it was made, and credit the canal 
with each and every sum of money received into the treas- 
ury belonging to the canal fund, "noting the date and the 
amount, and referring to the law or resolution under which 
the money was raised; and also, by one dollar and twenty- 
five cents per acre, for all canal lands donated or granted to 
individuals by the State, referring to the law making such 
donation or grant. 

Sec. 2. In making the account required by the foregoing 
section, interest shall be charged npon the debits and credits 
at the rate of six per cent, per annum, and shall be added to 
the principal annually; and the said account shall be contin- 
ued to the ninth day of January, one thousand eight hundred 
and thirty-six; at which time the balance shall be ascertained 
, and struck; and from that date the balance struck shall bear 
* ^. .. ,1 interest, at the rate of six per cent, per annum, until paid, 
n^dfytw ^^""^ ^- ^^^" ^^'^ accounts shall be completed, the Au- 
nor. ditor shall notify the Governor thereof, who shall carefully 

Duty of Gov. examine the same, and after correcting errors, if any be dis- 
accTu'nT^ covered, the Governor shall certify, at the footing of said ac- 
count, that upon a careful examination he has found the said 
account to be correctly stated; and the amount thus stated and 
certified shall be conclusive evidence between the State and 
the said canal fund, as to the state of accounts between the 
State and said canal. 

Approved, January 12, 1839. 



LAWS OF ILLINOIS. ^ 43 

AN ACT to establish the county of Marshall. In force, Jan 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, ,That all that tract of 
country lying within the following boundaries, to wit: Begin- 
ing at' the northeast corner of township number thirty ^"""f^'^jf^^ 
north, of range one, west of the third principal meridian; °^ J^^^^Jl^''^^ 
running thence south on the third meridian line to the south- Marshall, 
east corner of township twenty-nine north, of range one 
west; thence, west on the line dividing township twenty- 
eight and twenty-nine, north, the southern boundary line of 
Putnam county, to the Illinois river; thence, continuing with 
the southern boundary of Putnam county across the Illinois 
river westward, on the line dividing townships eleven and 
twelve north, to the southwest corner of township twelve 
north, of range eight, east of the fourth principal meridian; 
thence, north, on "the range line between ranges seven and 
eight, to the northwest corner of township thirteen north, of 
range eight, east of the fourth principal meridian; thence 
east, with the line dividing townships thirteen and fourteen 
north, to the Illinois river; thence down the river to the 
northwest corner of township number thirty north, of 
range two, west of the third principal meridian; and thence, 
on the line dividing townships thirty and thirty-one north, 
to the place of beginning; shall be erected into a new county, 
to be called the county of Marshall. 

Sec. 2. That William Ogle of Putnam county, D. G. Commission- 
Salisbury of Bureau county, and Campbell Wakefield of ^^^^^^^^ ^"''^^^^ 
McLean county, are hereby appointed commissioners to lo- *^°"° ^ ^^^ • 
cate the seat of justice for the said new county. The said 
commissioners, or a majority of them, shall meet at the town 
of Lacon, on the first Monday of April next, or as soon there- Time and^^ 
after as may be; and being first duly sworn, before some ius-Pj^]=^° 
tice of the peace, faithfully to take into consideration the con- To be sworn, 
venience of the people, the situation of the settlements, with 
an eye to future population and eligibility of the place, shall 
proceed to locate the county seat of said county. If said 
commissioners shall select any town already laid off, they should town 
shall require the proprietors or owners of said town to donate be^selected,^^^ 
to said new county of Marshall, for the purpose of erecting ^J^^J^^J^^^^^^^ 
public buildings, a quantity of lots of an average value with certain lots; 
the remaining ones, which together shall amount to twenty ^^l^"" ^f^^^^ 
acres of land, or shall donate and give, in lieu thereof, the ®' * ' 
sumot five thousand dollars, to be paid, by three equal instal- 
ments, to the county commissioners within eighteen months ^ ^^^^ 
from the time the county seat shall be located; and if said jg^o^aVd^oS 
commissioners should locate said county seat on land not land not laid 
having been laid off into town lots, they shall secure the title off in ^'ot^s, 20^ 
to a quantity of land, not less than twenty acres, to and for^^^^^^^^^^^^^^ 
the use of said new county, and on which the public build- of said county 
ings shall be erected. 



44 



LAWS OF ILLINOIS. 



Sec. 3. That the legal voters of Ihe said county of Mar- 
shall shall meet at the respective places of holding elections.^ 

Election for the last Monday in February next, and proceed to eleci! 

county officers county officers: and returns of said elections shall be made^ 
by the judges and clerks to the justices of the peace within! 
the said county. Said justices shall meet at the town of La-'i 

I^leS'Jobe'^'''^'^'^^^'''^'''^"'^^^'''''^^'''"'^'^^ ^'^'^ election, and proceed! 
made by jus- '° ^P^^ the returns, and in all things perform the dutiejj 
tices. required by law of the clerks of commissioners' courts, and! 

justices of the peace in like cases. 

County Com. . •^^^' ^' „'^^'^^ *'^^ county Commissioners elected under 
missioners, ^"'^. ^^^ ^^all meet at the town of Lacon within ten days after 
whcn&where their election, and, beingfirst duly qualified, shall proceed to! 
to meet. appoint a clerk, and lay off the county into justices' districts;) 

and all officers elected under the provisions of this act shall ' 
Officers to be be commissioned and qualified as required by law; shall hold 
commissioned their offices until the next general election, and until their 

successors are qualified. 

Courts of CO., c< r rni r ■ , 

when and ^^^- ^' ine courts of said county shall bo held at su^h 

where held, place as the county commissioners shall designate, untd a 

suitable preparation can be made at the county seat. Said 

o"ute'°7/r'-''^'r'''''',",.Pu''u"'V''° ^'^^'^ j^^'^'^' ^'''^^"^'' 
circuit. ^"^ the circuit court shall be held for said county twice in' 

Court twice each year, at such time as the judge of the said circuit 

each year. may designate. 

lime set by o rP m, i.^ , ™ . 

judge. . ^^^' o- , Ane qualified voters of the county of Marshall 

County shall »" 'ill elections, except county elections, shalfvote with the 
vote with dis- district <o which they belong i.ntil otherwise provided by law 
leSionsex- ' ^"^^ ^^^^^ "^''^^ election returns to the Secretary of State in 
cept county. ;hc same manner that is required by law from other counties 

in this State. 
Pay of corn's Sec. 7. The Commissioners appointed by this act to locate 
coum^seat. ^^'^ '^°''"'^>' '®^*^ ^^^^'^ «^^ch be paid the sum of three dollars 

per day, out of the county treasury of said county, for each 
T.^ . „ , day they may be employed in making the said location. 
£etu to . ^^''% ^' ^^ ^h'-^'l ^^ ^he duty of the clerks of the commis- 
niake returns sioners' courts of the said county of Marshall and the county 
for Rep. to co of Bureau to make returns of election for representatives to 
For"sen™tor *'^^ ^^^'^ °^ ^'^^ ^^^"ty of Putnam; and the returns for Sen- 
Peoria. ""^tor to the clerk of the county of Peoria; and shall proceed 

to compare said election returns as is now required by law 

in other seratorial and representative districts. 

coundirof ^^'""'^ ^' '^'^''^ ^'^^ ^°^"^y ^f ^^"'■e'lu ^nd Henry shall 
Bureau and extend north to the line dividing townships eiahteen and 
Henry. nmeteen north. This act to be in force from and after its 

passage. 

Sec 10. The justices of the peace, or any one of them. 
Notice of time residing within the county of Marshall, are hereby author- 
holding' elec-'^'^'^ '^""^ required to give at least fifteen days' notice of the 
tions. time and place of holding the election required to be held 

under the provisions of this act, by posting up written or 



LAWS OF ILLINOIS. 45 

printed notices of said election, at the place of holding 
elections in the different election precincts in said county. ^ 

Sec. 11. The county of Marshall shall be entiUed to one- ^3,?^^,^, 
third part of the money which has been or may be paid to ^jej to * part 
the couniy of Putnam under the provisions of the act, entitled of money due 
"An act to establish and maintain a general system of Inter- P^'^i^'"- 
nal Improvements," approved February 27, 1837, appropri- 
ating two hundred thousand dollars to those counties through 
which no railroad or canal was authorized to be constructed 
by said act; and if the money has not been paid to the coun- ^^^.^^P^^^'j^. 
ty of Putnam, the Fund Commissioners shall pay the said gionerspay to 
one-third to the county of Marshall; but, if payment has been co. Marshall, 
made to said county of Putnam, the county commissioners 
of Putnam county shall make the aforesaid payment. 
Approved, January, 19, 1839. 



AN ACT legalizing the survey of certain State roads therein named. ^^ ^^^^^^ ^^^ 

26, 1839. 
Whereas, by an act of the General Assembly of the State Preamble, 
of Illinois, approved the thirty-tirst day of January, 1837, 
•entitled "An act to locaie a State road from Peoria, in Pe- 
oria county to Knoxville, in Knox county, amUor other 
purposes;" and on the tenth of February, 1837, entitled, 
"An act to establish a State road from Peoria to Hender- 
sonville," commissioners were appointed to locate said 
road- and whereas yaid commissioners therein appointed 
did piocced to view, survey, and locate said roads, and 
make suitable plats and returns of said roads to the several 
county commissioners' courts through wnichthc said roads 
passed, which were approved of and accepted by the said 
courts, and therein made a matter of record: Therefore, 
Sec. 1. B-Jt enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That the said plats and Pla^sdeclared 
surveys, as accepted by the said courts be, and the same are 
hereby, declared to be legal and valid in all respects; and 
shall not be set aside, or held to be void and of no effect, on 
account ot anv informality in said plats, surveys, &c. And 
the said roads as laid off and located by the said commission- 
ers, agreeably to said plats and surveys, shall be deemed and 
considered Slate roads, and the supsrvisors of the several 
districts through which the same may pass are hereby requi- ^/^^'^JJ J^^^'^j,. 
red to open, work, and keep the same in good repair as the ^^ 
law requires. 

Approved, February 26, 1839. 



46 LAWS OF ILLINOIS. 

In force, Jan. AN ACT making an appropriation for the Penitentiary. i 

19, 1839. ; 

Sec. 1. Be it enacted by the People of the State of lllinois^\ 
represented in the General Assembly^ That the sum of twentj- ' 
^Fopriation • three hundred dollars be, and the same is hereby, appropri-i 
° * •• ■ ated for the following purposes, to wit: First, to pay the sum I 
of ten hundred and thirty-seven dollars and thirty-six cents, 
being the amount loaned by the Inspectors of the peniten- 
tiary to the superintendent of the building fund. Second, 
sed!^ ^^ "''" ^^ P^y ^^^ superintendent of said penitentiary, the sum of-five 
hundred and sixty -five dollars and sixty-three cents, being the 
amount expended by him out of his own funds for the use of 
said penitentiary. Third, to pay said superintendent of the 
penitentiary his salary, from the eighteenth of August, onci 
thousand eight hundred and thirty -eight, at the rate of eight 
hundred dollars per annum, till otherwise ordered by the In- 
spectors of said penitentiary, or provided for by law\ Fourth, 
tlie balance of said appropriation of twenty-three hundred 
dollars shall constitute a fund to defray the incidental expenses 
of said penitentiary, from and after the twenty-second of ]Yo- 
vember, 1838. 
Subject to or- Sec. 2. The above appropriation shall be subject to the 
tors who^shaH o^der and direction of the Inspectors of the penitentiary, and 
report to Gen. a detailed statement of the manner in which they expended 
Assembly. the same shall be laid before the next General Assembly . 
Duty of Au- ^^^' ^' 'Jt'he Auditor of Public Accounts is hereby au- 
ditor, thorized to draw his order on the Treasurer of the State, in 
favor of the Inspectors of the penitentiary, upon their appli- 
cation for the aforesaid appropriation. 
Approved, January 19, 1839. 



^°18°T839^°* ^^ ^^^ for the rdiefof the late Warden of the Penitentiary. 

Sec 1. Be it enacted by the People of the State oj Illinois j 
f^^^^^l^ll^^- represented in the General Assembly, That the Auditor of Pub- 
for |300, lie Accounts be, and he is hereby, required to issue his war- 
rant on the treasury in favor of the late Warden of the pen- 
itentiary for two hundred dollars. 

Sec. 2. The money so appropriated shall be the full re- 
in full of aliceiptand acquittal for all the said Warden may claim for 
claims. emoluments and services, arising to him, and performed by 

him, during the time the said Warden was elected to said 
office. 

Approved, January 18, 1839. 



LAWS OF ILLINOIS. 47 

AN ACT making an appropriation for the completion and furnishing of the In force, Jan. 
State House at Springfield. 12, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of one $128,300 ap- 
hundred and twenty-eight thousand and three hundred dol- E^House*!'^ 
lars be, and the same is hereby, appropriated to defray the 
expenses of finishing the same, and the offices attached there- 
to, with necessary furniture for the use of said house and 
offices. Said sum payable out of any money in the treasury 
not otherwise appropriated. 

Seo. 2. The commissioners appointed to superintend the Duty of com- 
erection of public buildings at Springfield shall proceed, with- missioneps. 
out delay, to cause the said buildings to be completed in the 
manner, upon the plan, and with materials heretofore agreed 
upon by said commissioners. 

Sec. 3. The appropriation hereby made^ shall be paid Apropriation 
out in the manner, and at the times hereinafter specified. °^ ^^^ 
The commissioners shall, upon the passage of this act, and 
quarterly thereafter, make a report to the Governor stating 
to him the amount of money which will be required for use 
during the next three months; and the amount expended du- 
ring the preceding three months; and upon the reception of Gov. make an 
said report, the Governor shall make an order on the Auditor order on Au- 
reqiiiring him to issue a warrant upon the treasury for the j.^|°^ °^ ^"" 
amount so required. The warrant shall be payable at the 
State Bank of Illinois, to the order of the commissioners. 

Sec. 4. The commissioners shall deposite all orders issued Further duty 
in their favor in the State Bank, and the money shall be paid ''^ ^°°''"- 
out by the Bank upon the orders of said commissioners. 

Sec. 5. The commissioners shall, instead of paying out 
money, make orders or checks upon the Bank in favor of all gue^checks on 
persons to whom money may be due; and shall state, on the State Bank. 
face of such orders or checks, the consideration for which 
they wye given , and shall be so written as that the signature 
of the payee upon the back shall make the order or check 
operate as a receipt from the payee to the State as well as to 
tbe Bank. 

Sec 6. In case any or all the commissioners appointed Gov. to ap- 
to superintend the erection of public buildings shall die, re- po^°^ com'rs, 
sign, or refuse to act, the Governor shall appoint a successor 
or successors. 

Approved, January 12, lS39. 



AN ACT to provide for the collection of demands growing out of con- In force, Feb. 
tracts for sales of the possession of the pubjic lands. 2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That all contracts, prom- daimed^ands 
ises, assumpsits, or undertakings in writing, which shall here- valid. 



.48 ' LAWS OF ILLINOIS. 

after be made in good faith and without fraud, collusion, or 
circuinvcntion,'for sale, purchase or payment to be made for 
the possession of claimed lands owned by the Government 
of the United States, siiall be deemed valid in law and equi- 
ty, and may be sued for and recovered as in other cases. 
Sales of im- Sec. 2. That the act, entitled "An act to provide for the 
provernent3 collection of demands growing out of contracts for sales of 
ianS!' ^° imjjrovcvcmcnts on public lands," approved February fif- 
teenth, 1831, be hereafter construed to apply as well to con- 
tracts, promises,adSumpsits,or undertakings, made subsequent 
as to those made previous to the purchase of said lands from 
the Government of the United States. 

This bill having remained with the Council of Revision ten uays, and 
the General Assembly being in session, it has become a law thia second 
day of February, 1839. 

A. P. FIELD, Secretary of State. 



^"is'^TsSB^"' ^'^'^ ^^^ ^° vacate the plat of the town of Peru, in the county of McLean. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in General Assembly^ That the entire plat of the 
town of Peru, in the county of McLean, as originally laid 
off and recorded, is hereby declared to be vacated. This 
act to be in force from and after its passage. 

This bill having remained with the Council of Revision ten days, and 
the Gleneral Assembly being in session, it has become a law this eigh- 
teenth day of January, 1839. 

A. P. FIELD, Secretary of State. 



In force, Feb. AN ACT to permit William Jackson to insert a middle letter in his name 
1, 1839. 

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

Willim Jack- represented in the General Assembly, That William Jackson of 

son to be McHenry county be, and he is hereby, authorized to insert in 

WiilTain M. *^"^ "'^"^^ ^'^° \oUer M between William and Jackson, so that 

Jacksoa. ' his name will read as follows, to wit: William M. Jackson; 

by which name he shall hereafter be known and designated 

by and from his fellows, both in law and equity. This act 

shall take effect from and after its passage. 

Approved, February I, 1839. 



LAWS OF ILLINOIS. 49 

ANT ACT to vacate the survey and plat of Garrit's addition to the town of ju force J nn 
Peoria, and aJso to vacate the plat of the town of Hudson, and fov other yavy 18, 18o.9. 
purposes. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That the pioprietor of the 
town [plat] of Garrit's addition to the town of Feoria, in the 
county of Peoria, be, and he is hereby, authorized to vacate ^J^f^J^jl^ '^°^" 
the survey and plat of said town, or any part thereof: Prov ;- Yi-o^iso. 
ded^ however^ That the consent of the owners of lots in said town, 
(should there be any other than the original proprietor) shall 
tirst be obtained. 

Sec. 2. The proprietor or proprietors of the town of Hud- 
son, in the county of Peoria, be, and they are hereby, author- 
ized to vacate the survey and plat of so much of said town 
as remains unsold by the said original proprietors, saving to 
all purchasers from said proprietors, or others, all legal rights 
accruing to them by virtue of such purchase. 

Sec. 3. The proprietor of Heaton's addition to the town ?^.^^^o"'s ^'l- 
of Knoxville, in the county of Knox, be, and he is hereby, o|-j°^o°^,.;°jg° 
authorized to vacate the survey and plat of said addition, or vacated, 
any part thereof: Provided, however, That the consent of the 
owners of lots in said additions, sh.ould there be any other than 
the original proprietor, shall first be obtained. 

Approved, January 18, 1839. 



AN ACT to chauE-e part of a certain State road in Mora-an county. In force Jan- 

^ ' b J uary24,1839. 

Sec. 1. Be it enacted by the People of the State of lilinois,..!.! •"-'"' " ' 
represented in the General Assembly, That Jesse W. Bull and 
Solomon Hart, of Morgan county, be, and they are hereby, 
appointed commissioners to review and relocate that part of Commission- 
the State road from Jacksonville, in Morgan county, to Car- ^^■^._^|;'P°^"^'^^ 
linville, in Macoupin county, that lies between Charles Hart's relocate part 
and the bridge on Big Apple crpek, on said road; and stiid com- of State road. 
missioners shall meet at Matthew Cyrus', immediately after be- Commission- 
ing notified of their appointment, and upon being sworn be- ^'^J^^ ^" ^"'^ 
fore some justice of the peace, faithfully and impartially to meet. 
perform the duties required of them, proceed to review and re- To be sworn, 
locate said road upon the most eligible route; and after mak- 
ing; such relocation, they shall make a report thereof to the K^eport to be 
J ■ • 1 , ,--\^t J /■ ji made tocoun- 

county commissioners court of Morgan county, for the appro v- ^^ commis- 

al of said court; and upon the approval thereof by said court, sioners' court 
the road located shall be the State road, and the former road, ^^^ approval, 
so far as changed, shall be vacated; and the county commis- 
sioners' court of Morgan county shall allow said commission- Compensa- 
ers a reasonable compensation for their services. tion of com- 

A T irtA lOon missioners. 

Approved, January 24, 1839. 



50 LAWS OF ILLINOIS. 

In force Jan ANACT to amend an act, en titled "An act prescribing the mode of proceed- 
uary 24, 1839. ing in Chancery." 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That whenever an execu- 
When exe- tion against the property of a defendant shall have been issued, 
cution is re- on a judgment at law or in equity, and shall have been return- 
isfied billtn " ^^ unsatisfied in whole or in part, the party suing out such ex- 
chancery may ecution may file a bill in chancery against such defendant, 
be filed. ^nd any other person, to compel the discovery of any proper- 

ty, or thing in action, belonging to the defendant; and if any 
property, money, or thing in action, due to him, or had in trust 
for him, and to prevent the transfer of any such property, mo- 
ney, or thing in action, or the payment or delivery thereof to 
the defendant, except when such trust has been created by, 
or the fund so held in trust has proceeded from, some person 
other than the defendant himself. 
Power of Sec. 2. The court shall have pov/er to compel such disco- 

court to com- ygrj^ and to prevent such transfer,payment or delivery, and to 
PJ^ Qpg°Jy|^ decree satisfattion of the sum remaining due on such judg- 
ments, out of any personal property, money, or things in ac- 
tion belonging to the defendant, or held in trust for him, with 
the exception above stated, which shall be discovered by the 
proceedings in chancery, whether the same were originally li- 
able to be taken in execution at law or not. 

Sec. 3. In suits for the payment or recovery of money, 
Set-offs al- set-offs shall be allowed in the same manner, and with the like 
lowed. effect, as in actions at law. 

Bill when ^EC. 4. When a bill shall be filed in the court of chance- 

filed <br other ry other than for discovery only, the complainant may waive 
purposes'. ^^g necessity of the answer being made on the oath of the de- 
fendant; and, in such cases, the answer may be made without 
oath, and shall have no other or greater force as evidence than 
the bill. .);; 

Approved, January 24, 1839. 



In force Jan- AN ACT to repeal a certain act therein named. 

aary 24, 1839. 

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 encourage education in township five south, range six 
east, of the third principal meridian," approved July twenty- 
Act re- first, 1837, be, and the same is hereby repealed. This actto 
pealed. be in force from its passage. 

Approved, January 24, 1839. 



LAWS OF ILLINOIS. 51 

AN ACT lo relocate a part of a certain State road therein named. In force, Jan. 

24, 1839L 

Sec. 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assfmbiij, That Jesse Neice and 
James Edmonston be, and they are hereby, appointed to 
review, mark, and locate, so much of the State road leading ComVsap- 
from Beardstown, in Cass coutJy, to the head of the Des f??;;'''!^^;? J^ 
Moines Rapids, in Hancock couniy, as passes through the locate' part of 
northwest quarter of section thirty, in township five north, State road, 
of range three west. 

Sec. 2. The said commissioners shall meet at the house Time and 
of James M'Cown, on the first Monday in May next, or with- P^^^ce of meet- 
in sixmonths thereafter, and shall proceed to review,mark and^"^' 
relocate so much of the aforesaid road as above, doing as little 
injury to said quarter section of land as the public good v/ill 
permit. A plat of said road, when reviewed, shall be made 
out by said commissioners, and by them filed in the clerk's of- ^jjgj wkh^k 
fice of the county commissioners' court of M'Donough county, of oo. com'rs' 
which shall be recorded in said office; which new road, when court of Mo- 
located, shall be opened and kept in repair as other State ^""Jj^^g^l^^^^^^g 
roads, and so nmchof the present road as is relocated shall be, recorded. 
and is hereby, vacated after said relocation: and the county Road vaca- 
commissioners' court of said county shall allow said road com- 
missioners a reasonable compensation for their trouble, to be 
paid out of the county treasury. This act to take effect from 
and after its passage. 

Approved, January 24, 1839 



AN ACT toincrease the number of justices' disti'icts in the county of Greene Jn force Jan. 

24, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all that district of 
country included within the corporate limits of the town of 
Grafton, in Greene county, IHinois, be, and the same is here- 
by, constituted into a district for the election of a justice of Justice's di^- 
the peace and one constable. ^"'^^ formed. 

Sec. 2. That the county commissioners' court of Greene 
county is hereby authorized and required to cause an 
election to be held hereafter, as soon as practicable, and Co. corn'ra 
at each quadrennial election thereafter, for one justice of tp cause elex>- 
the peace and one constable in said district. The justice of [j^eld.^" 
the peace and constable, elected under the provisions of this 
act, shall hold their offices until the next general election for 
justices of the peace and constables, at which time their suc- 
cessors shall be elected as in other cases; and the persons thus 
elected shall-have and exercise the same jurisdiction, hold JurisdictSon. 
their offices by the same tenure, and be under the same regu- 
lations, in all respects, as other justices of the peace and con- 



52 LAWS OF ILLIx\OIS. 

stables of this State. This act to take effect and be in force 
from and after its passage. 
Approved, 'January 24, 1839. 



In force, Jan. AN ACT to change the name of the town of Vienna, in the county of 
24, 1839. Fulton. 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That from and after the 
passage of this act, all that part of the county of Fulton on 
Name of which the town of Vienna is situated, and which is embraced 
town of Vien- jj^ ^.j-^g recorded plat thereof, shall hereafter be known by the 
Astoria." name of Astoria: Provided, however, That the change of the 
Contracts name of said town shall in nowise affect contracts or convey- 
not aiiected. jjjjQQg heretofore made or entered into, or any other legal 
transaction or business whateA^er. This act to take ctfect and 
be in lorce from and after its passage. 
Approved, January 24, 1839. 



In force Feb. AN ACT for the reliciof Robert Davis and others. 

], 1833. 

Sec. 1. Be it enacted hy the Peoph of the State of Illinois* 

represented in the General Assembly, That upon the confession 
Securities of of a judgment before the Supreme Court by the securities of 
Jas. Davis, James Davis, late clerk of the county commissioners' court 
c'l'pike'co''™' ^^ P^^^ county, for the amounts due from said Davis to the 

State, the Auditor of Public Accounts is authorized to stay 

execution upon said judgmenttwelve months; and if five hun- 
^ dred dollars of the amount then due be paid, the execution 

execuVon. may be stayed twelve months longer; and if one-half of the 

amount then due be paid, the execution may be stayed twelve 
In case of de- months longer: but if default be made in any one of the pay- 
fault, ments, execution to issue upon the judgment, and credited by 
Proviso. payments as though no stay had been allowed: Provided, That 
Further pro- the costs shall be paid in advance: And provided, also. That 
^^®°" the confession of judgment shall be had at the term of the 

Supreme Court "now in session. -*'^' 

Appro VEp, February 1, 1839. 



In force, Feb, AN ACT to create the county of Brown out of the county of Schuyler. 
1, 1839. 

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

represented in the Ge.ieral Assembly, That all that tract of 

country lying and and being within the following boundaries, 

Boundary of to wit: Beginning at the southwest corner of township two 

Brown""'^ °^south, of range four west, of the fourth principal meridian; 



LAWS OF ilIinois. 53 

thence east to the Illinois river; thence up said river to the 
mouth of Crooked creek; thence up said creek to the town- 
ship line between toTijnships one and two north; thence west 
to the range Ime between four and live west of the meridian 
aforesaid; thence south with said range lino to the place of 
bcginnin'^, shall constitute a new county to be called the coun- 
ty of Brown. 

«Ec. 2. That John M. Campbell of Schuyler county, Co'"™'''^ ''^ 
John B. Curie of Adams county, and William W. Baily of f^^^^'t^^^^^^^'J 
McDonough county, be, and they are hereby, appointed com- ed. ' 
missioncrs to locate the seat of justice for said county: the 
said commissioners, or a majority of them, shall meet at the Ti^^ & place 
town of Mount Sterling, on tlie first Monday in June next, or ° ™^^'^^"S- 
within twenty days thereafter; and after being duly sworn To be sworn, 
before some justice of the peace, faithfully to perform the 
duties required of them by this act, shall proceed to locate 
and establish a permanent seat of justice of said county, hav- 
ing due regard to the geographical situation, present and fu- 
ture population, as well as donations which may be offered for 
the erection of public builmngs; and if any donations shall Donaiions. 
be made for the purposes aforesaid, the said commissioners ^ " ^^ "^ "" 
shall do and perform such acts and things as they may deem 
necessary, to secure the payment thereof to the county com- 
missioners' court of said county, for the use of said county. 

Sec. 3, That the citizens of said county hereby created p,.iy.]]g2;es of 
are and shall be entitled to ail the privileges allowed, in gen- citizens, 
eral, to citizens of other counties in this State; and until pub- 
lic buildings shall be erected for that purpose, the courts shall „ , , ,,. 
1, u 1 1 t i 1 • fl,ff i. CI, 1- I 111 -1 , Courts heJdla 

02 held at such place, m Mount Sterling, as shall be provided Mt. Sterling. 

by the county comjnissioners' court of said county; and if the 
permanent seat of iusticc shall be located at any place other ^^^"^^'y T^! 

* J X not DiRCGCl ^t 

than Mount Sterling, it shall be the duty of the commissioners Mt. Sterling, 
hereby appointed to locate the same, and to give it a name: comm'rs to 
but if they shall select Mount Sterling for the seat of justice, ^'''==^'^'-^''^"^^- 
then and in that case. Mount Sterling shall be the name of 
the said seat of justice. 

Sec. 4, That an election for county officers shall be held Elections. 
in the said county of Brown, at the several places of holding 
elections, and by the same judges heretofore appointed by 
the Schuyler county court, on the first Monday in May next; 
which election sh •11 be conducted in all respects agreeably 
to the laws regulating elections. It shall be the duty of the Returns of 
said judges to make returns of the poll-books of said elec-^'^'^/'^*'" ^° ^*^ 

,. ■, ?j 1 , TiT rf'i J ¥ »sr o- 1 . J • msKletotwo 

tion CO tvoberc N. Curry and James W. Singleton, two jus- justices peace 
tices of the peace at Mount Sterling, within seven days from _ ■ ^ 

and after said election: and it shall be the duty of the said ^'^'^•>' o^ j^s^- 
justices of the peace to open and compare the said polls, and 
to make out and deliver certificates to the persons elected, and 
to return an abstract to the Secretary of State, in the same Abstract to be 
manner as is now required of clerks of the county commis- ^'^."g '^ °^'^^ 
sioioners' courts in such cases: Provided, That this act shall Pi-oviso, 



54 LAWS OF ILLINOIS. 

not be so construed as to repeal out of office any justice of 
the peace, or constable, who may be in office within the lim- 
its of said county, at the passage of this act; but they shall 
continue to hold their offices the same as if this act had not 
been passed. 

Sec. 5. That at the next general election, and until a 

new apportionment of representation shall be made among 

ekctone-Kep ^^^ several counties of this IState, the county of Schuyler 

Brown, one. ' shall elcct one Representative, and the county of Brown one 

Representative to the General Assembly, and in case a vacan- 

fdrSena"oi^ ^J ^^^^'^ happen in the office of Senator from the county of 

SchujJer and Schuyler, the said county oi' Schuyler and the county of Brown 

Brown togeth- siiall vote together to fill such vacancy, and until a new ap- 

o e ect. portionment of representation shall be made; and in case of 

Duty of clerk an election for a Senator, it shall be the duty of the clerk of 

ofBrown co. the county commissioners' court of Brown county, within four 

days after returns of such election shall be made to him, to 

meet the rlerk of Schuyler county at Rushville, and the two, 

Poll books together, shall compare the polls, and deliver a certificate to 

Ru"shilie ^' ^^^^ person elected, and also rcihjrn a transcript of the votes 

given for Senator to the Secretary of State. 
Brown co. at- Sec. 6. That the said county of Brown shall be attached 
tached to 5th to and form a part of the filth judicial circuit; and it shall 
Dnry of judo-e ^^ ^^^^ ^"^J ^^ the judge of said circuit to hold two terms of 
to hold two° the circuit court in said county, annually, at such time as the 
terms. said judge shall order and appoint, or at such time as may 

be provided by law. 
Dutyofcom'rs "^^C' "^ • That it shall be the duty of the county commis- 
to pay half of sioncrs' court of said county to appropriate, set apart, and 
siimdue toAl- pay into the county treasury of Schuyler county, one-half of 
to" chuyler"" ^'^^ ^^'^^ which shall remain due and payable to Alden and 
county. Burton from the said county of Schuyler for building a bridge 

Bridg^ across across Crooked creek, after the said county oi 8ehuyler shall 
e cr' • ijavc expended the money already appropriated to that ob- 
ject; the said amount so to be paid by the county of Brown 
to be made and certified by the county commissioners' court 
of Schuyler county, so soon as the amount can be ascertain- 
mis^onerT°of *^^ ' ^'^^ ^^ ^^W^ be the duty of the county commissioners' 
Brown co. court of Brown county to provide the means to make such 
payments annually, and at the time the same become due from 
the county of Schuyler to the said Alden and Burton. 

Sec. 8. That the sherifi" of Schuyler county shall have 
Sheriff of power to collect all taxes, fines, and forfeitures heretofore as- 
Schuyler,iu- g^gj^jj and to serve all process necessary to the prosecution 

nadiction of. , ,.' ^ c ^^ j- • i-U t^ i i • -i. 

and disposal of all causes now pendmg m the Schuyler circuit 

court, the same as if no change had been in the boundaries of 

said county, and as if this act had not been passed. 

p . ,, Sec. 9.. That the commissioners hereby appointed to lo- 

to locate CO. ^ cate the seat of justice shall be allowed and paid out of the 

seat. county treasury of said county, the sum of three dollars per 

day each. 



LAWS OF ILLINOIS. 55 

Sec. 10. That so soon as the school commissioner of School com'r 
Schuyler county shall be notified by the county commission- Jelive "Lr '* 
ers' court of Brown county, that a school commissioner for moneys,&c. to 
that county has been appointed, to deliver to said commis- ^^^"^^ com'r 
sioner, all moneys and papers belonging to the several town- ° ^^wn <jo 
ships in the said county of Brown. 

Approved, February 1, 1839. 



AN ACT to provide for the election of Justices of the Peace in Naples In force, Fdb. 
and Meredosia, and for the appointment of certain Notaries Public. 1, 1839. 

Sec. 1. Be it enacted by the People of the Stale of Illinois^ 
represented in the General Assemble/, That hereafter there shall Additional 
be two justices of the peace and two constables elected atJ"^F|°®^?^^Jl"' 
every general election for justices of the peace and consta- pies district. 
bles, in the Naples justices' districts of Morgan county. 

Sec. 2. A special election for one justice of the peace Special elec- 
and one constable, in addition to the justice of the peace and '^°°- 
constable now authorized by law, shall be held in said justices' 
districts, at the usual place of holding elections, on the first Time of elec- 
Monday of April next; and said officers shall hold their of-*^°"- 
fices until the next general election, and until their successors 
are elected and qualified. 

Sec. 3. The Governor shall appoint, by and with the ad- 
vice and consent of the Senate, one notary public in said town ^°^- ^"'^j.^'"" 
of Naples, whose duties and term of service shall be the pi^_ 
same as other notaries pubfic of this State. 

Sec. 4. Orson B. Cobb, who acted as a justice of the 
peace in the said Naples justices' district, shall be deemed to 
have been a regularly appointed and qualified justice of the 
peace in said district, from the time of his first acting to the 
time of his death. 

Sec. 5. The provisions of the first and second sections of 
this act shall be extended and applied to the justices' district 
in which Meredosia is situated. 

Sec. 6. The provisions of the third section of this act Sec. 3 appK- 
shall be extended and appHed to the following towns in the ^^^^'^^^^^ °'*''"' 
county of Morgan, viz: Merodosia, Bethel, Exeter, Frank- 
lin, Waverly, Manchester, Princeton, Lexington, and Win- 
chester; and to Grafton, Whitehall, and Jerseyville, in Greene 
county; to Rockport, Griggsville, and Perry, in Pike county; 
Chester, in Randolph county; to Hamburg, in Calhoun coun- 
ty; to Virginia, in Cass county; to Juliet, Lockport, and Wil- 
mington, in Will county. There shall also be appointed, in How appoint- 
like manner, two additional notaries public in the city of ®^- 
Chicago, and one additional notary public in the city of Alton. 

Approved, February 1, 1839. 



56 . LAWS OF ILLINOIS. 

In force, ttb. A.N ACT to amend an act, entitled "An act concerning Judgments and 
6, 1S39. Executions," approved January 17, 1825. 

Sec. 1. Be it enacted by the People of the State of Illinois,, 
represented in the General Assembly^ That so much of the ninth 
section of the act to which this is an amendment, as requires 
Sec. of act ^^''^^ estate or personal property levied upon by virtue of an 
repealed. execution to be valued or appraised, be, and the same is here- 
. by, repealed : Provided^ That this act shall not extend to any 

^"^^^'^- execution issued upon a judgment rendered, or a replevy bond 
given or taken before the first day of May, 1825, or upon a 
judgment rendered upon any contracts made, or cause of ac- 
tion accrued, or liability incurred, before the said first day 
of May, 1825. 

Api^rovkd, February 6, 1839. 



In force, -Feb. AN ACT to amend an act, entitled "An act authorizing a lotterj' to raise 
6, 1839. funds for the purpose of draining the ponds of the American bottom." 

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

represented in the General Assembly, That it shall be lawful 

Lottery may ^01" the board of managers of said lottery to determine the 

bedrnwn at' drawings thereof, at Illinois town or elsewhere, as also to di- 

Ilhnoistown rect the drawings theieof personally, by either of the man a- 

■ gcrs or by their agents, duly sworn or qualified according to 

law. This act to uake efifect from and after its passage. 

Approved, February 6, 1839. 



cate road in 
Gallatin co 



In force, Mar. AN ACT to locate and establish, and alter, change, and relocate. State 
2, 1839. Roads. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That James Robertson of 
Com'rs to lo- Gallatin county, Randolph Casey of Franklin county, Timo- 
thy Anderson of Union county, and William McMahan of 
Jolinson county, be, and they are hereby, appointed commis- 
sioners to view, survey, mark, and locale, a State road from 
said James Robertson's, in Gallatin county, to Sarahsville, in 
Franklin county, via the house of said Casey; thence to 
me^tino° Jonesborough, in Union county. Said commissioners to meet 

°' at the house of John T. Davis. 
Road from Sec. 2. The road from Fairfield, in Wayne county, to 
^mte^Joad. Maysville, in Clay county, via Treat's mill, on Elm river, is 

hereby declared a State road. 

Com'ra to lo- Sec. 3. That James Terald and George Evans of Union 

oS'^rivCT county, and Irwin Morris and Nathaniel Thacker of Johnson 

by Vienna, county, be, and they are hereby, appointed commissioners to 

view, survey, and locate a State road from Parkin's ferry on 



LAWS OF ILLINOIS. 57 

the Ohio river, to the nearest and best way by Vienna and 
Elvira, to intersect the State road leading from Jonesborough p^^^^ ^^ 
to Brownsville, at or near J ames Herald's. Commissioners meeting, 
to meet at said Herald's. 

Sec. 4. Th'tthe ferries heretofore established by the Ferries in 
county commissioners' court of Johnson county, on the Ohio ^^^l^ji^'j^^^j ; 
river, at James H. G. Wilcox's and William Parker's, where 
the State [road] from Frankfort to Paducah crosses said Ohio 
river, are hereby established and confirmed: Provided, That Pi'oviso. 
in no case the road hereby required to be located should not 
be located on the old road heretofore established between 
Elvira and James Herrill's. The said old road is hereby va- 
cated. 

Sec. 5. That George W. Walters, John Whitesides, and Com'rs to re- 
George Abbotts, of Pope county, and William Sampson and '"^^^^f ^^^^^ , 
Tx- ° T 1 /■ T L J u 1 4.-U u u road from Gol- 

Hiram Job of Johnson county be, and they are hereby, ap-cor„|ato 

pointed commissioners to view, survey, and relocate, the State Pinckney- 
road leading from Golconda, in Pope county, to Pinckney- ^^^'^; 
ville, in Perry county, commencing at Golconda; thence, on 
the nearest and most eligible ground for a permanent road, to 
where said Waters now resides. 

Sec. 6. It is hereby made the duty of the county com-^^^fy of <=o. 
missioners' court of Clinton county, to appoint a supervisor cj^j^oj^'^q to, 
or supervisors, as the case may be, who shall cause to be appoint su- 
opened, within the next six months from the passage of this pervisors to 
act, so much of the road located under rhe act of March first, Clinton co. 
1833, entitled "An act to lay out a certain State road," as lies 
in the county of Clinton; said road to be opened as origin- 
ally located, and kept in repair as other State roads. 

Sec. 7. That John Boles, Roderick Reed, and Joel Norris Com'rs to re- 
of Franklin county, be, and they are hereby, appointed com- J-^q^^' Fr^nk- 
missioners to view and relocate so much of the State road for- fort to Wil- 
merly established from Franklbrt to Wilcox's ferry, as lies in cox's ferry. 
Franklin county, commencing at Frankfort; thence, running 
on the most direct and ehgible route by way of Bainbridge, 
so as to intersect the State road as at present opened in John- 
son county to the county line; commissioners to meet at Frank- Place of 
fort; and the act, entitled "An act to relocate part of a cer-™^^'^"S- 
tain State road therein named," approved, February 7, 1837, 
is hereby repealed, and the whole road therein referred to is ^^a.d vada- 
hereby vacated. 

Sec. 8. That Benjamin Hood, William Steerman, and Com'rs to lo- 
Theophilus Cook be, and they are hereby, appointed commis-??^^^"^'^''!^'"™ 
sioners to view, survey, and locate a State road from McLeans- ^^ Mt, Ver- 
borough, in Hamilton county, to Mount Vernon, in Jefferson non. 
county, to locate the same on the nearest and best route for 
a permanent road, and to intersect the road leading from 
Equality to Mount Vernon, at such point between James Os- 
burn's and Barton Atchison's as said commissioners may think 
most conducive to public good. Commissioners to meet at Place of 
McLeansborough. meeting. 



58 LAWS OF ILLINOIS. 

Com'rs to re- Sec. 9. That Thomas Jeffers, Isaac Odell, and Alfred 
road^fro^'^Pa- ^alch of Coles county, are hereby appointed commissioners 
lestine to to view and relocate a part of the State road from Palestine 
Shelby ville. to Sherjjville, [viz:] through the land owned by Mark 
Campbell in Coles county. Said commissioners shall review 
and relocate said road to the best advantage, as well with re- 
gard to the public as said individual's farm. 
Act amended. Sec. 10. That an act, entitled "An act to locate a State 
road in the county of Edgar," approved January 19, 1837, 
be so amended as to extend the time for running and locating 
said road until the first day of September, A. D. 1839. 
Com'rs to lo- Sec. U. That Samuel Connolly, Brown Wilson, and Wal- 
cate above ^^^ Newton be, and they are hereby, appointed commission- 
ers to view, survey, and locate the road named above in the 
Time and tenth section of this act, and that they meet at such time and 
plac-^ of place in the county within six months from the passage of 

this act, and proceed as pointed out in the act referred to. 
Com'rs to Sec. 12. That Thomas Smith, Joseph Brown, and John 

'n GTand^" Tate, be, and they are hereby, appointed commissioners to 
View. view and relocate a State road in the town of Grand View, 

in Edgar county, commencing on the west side of said town, 
I and running with Augusta street to Front street, and with 

Front street to Main street, and with Main street to north Sec- 
ond street, and east with the said last mentioned street to 
Place of where the same intersect the State road. Said commissioners 
meeting. to meet at Grand View. 

Com'rs to Sec. 13. That Emanuel Zink, William Fitzgerald, and 

^^'fT^-^ '■"^^ Stanford Nay, be, and they are hereby appointed commis- 
° ' sioners to view, mark, and relocate a State road in Edgar 
county, leading from Henry G. Smith's farm to Grand View, 
to make su':h change as may save individual property and 
comport with public good. 
Com'rs to 8^0. 14. That John Wood, Obediah Lenere, and Hudson 

from Danville Martin be, and they are hereby, appointed commissioners to 
to State line, view, survey, and locate, a State road from Danville, in Ver- 
milion county, to the point on the State line where the read 
from Lafayatte, Indiana, in the direction to Danville, inter- 
sects the eastern line of Illinois, avoiding as much as possible 
Place of all injury to private property. Said commissioners to meet at 
meeting. Danville. 

Ro?d f-om ^^^' 1^' That all that part of the State road leading from 
Shefbvville to Shelbyville, in Shelby county, to Danville in Vermilion coun- 
Danville de- ^y, that lies between the east end of George Barnett's lane, 
road "" ^nd *h® ^^^^ ^^ Chilicothe, in said county of Vermilion, shall 

run with and upon the county road now located between 
said points ; which said part of said county road is hereby de- 
clared to be a part of said State road ; and that part of said 
State road lying as aforesaid, as located at present, to be va- 
cated. 

Sec. 16. John Deremiah of Marion county, Jarret Irwin 
of Clay county, and Lewis Jordan of Jasper county, be, and 



LAWS OF ILLINOIS. 59* 

they are hereby, appointed commissioners to view, survey, and ^ Co-'-J^^. 
locate, a State road from Newton, m said county ot Jasper; ^^.^^ Newton 
thence, to Louisville, in Clay county, thence, t-o mtersect Uie r-ouisville. to 
Vandaliaand Maysville road at Deremiah's, m Marion county, V^^-^^^lliVl^d. 
to be located on the nearest and best ground for a permanent g^^^^ .^^a 
road, and which, when located, shall be considered, as far as from Pales- 
located, the State road from Palestine to Vandalia, any law ;;-^^° ^an- 



to 
locate road 



mill to 
[lie. 



or location to the contrary notwithstanding. ^^ 

! Sec. 17. That James jHankins of Fayette county, and j^^,^^^ ^^^^ 
Wilham Aldridge and Jolm Craig of Clay county, be, and from Four 
they are hereby, appointed commissioners to view, survey, and M.le f--^ 
locate a State road from a suitable point on the road to Mays- 
ville on the Four-mile prairie; thence to the south hue of sec- 
,tio»i eleven, township four, range three east; thence the near- 
est and' best way to Louisville,in Clay county. Commissioners Jkce^of 
to meet at Vandalia. 

Sec 18. That Richard Lessians of Wayne county, James com'rs to 
|L. Wickersham, and Benjamin W. Mosely of Clay county, locate^^road 
'be, and they are hereby, appointed commissioners to view, ^^^^^^^,-g^^j-, 
i survey, and locate, a State road from Samuel Slocumb s mill, Maysville, 
Ion the Skillet Fork, in Marion county; and thence to Mays- 
,ville, in Clay county. Commissioners to meet at Slocumb s ^Piace^ot 

i Sec 19. That James Linnett, Jesse Cooper, and Joseph com'rs to 
I Maxwell, be, and they are hereby, appointed commissioners change pan 
to view, survey, and change a part of the State road trom 
I John Orander's, to Nelson's, between James Levett's and 
I Joseph Maxwell's on said road in Clay county. -, ^ , . 

Sec 20. That John Matthews, James McKmney, ^nd^Comrsjo^ 
' Jesse WiUiams of Clay county, be, and they are hereby, ap- ^^.^^ ^ouis- 
I pointed commissioners to view, survey, and locate, a State road ville to Mt. 
I from Louisville to the bridge on Little Muddy; thence to m-Ca,-mel jad. 

tersect the road to Mount Carmel at John Matthews . Com- j^^eting. 
i missioners to meet at Louisville. „ , . . t,^ . i? /. a.^^ 

' Sec 21. The present county road from Sale^^ Marion ^ad from^^ 
county, to Samuel Hensley's; thence to Crutchield; thence ^j. Clay co. a 
to the line of Clay county, in a direction to Louisville, is here- state road. 
bv declared a State road; and that John Sutton and William 
Lewis of Clay county, and John Whetstone of Coles county, ^Co^js^^to^ 
be, and they are hereby, appointed commissioners to locate „b,„,e point 
a State road from the point above stated, in continuation to via I.ouisville 
Louisville; thence to Charleston, in Coles county. Commis- to Charleston, 
sioners to meet at Louisville. 

Sec 2-2. That Henry Leadbetter, _ . , v!.ndalS.To 

are hereby appointed commissioners to view and relocate that ^.^^.j^,^ ^^ (. 
part of the State road from Vandalia to Carlyle, which hes Moore's mill. 
between Henry Leadbetter's and George Moore's, so that the 
same may run by Charles A. Moore's mill; thence, in asouta- 
westwardly direction, to the line between the said Charles A. 
Moore's and George Moore's; thence, west along said line, to 
intersect the present road at George A. Moore's. 



i60 LAWS OF ILLINOIS. 

CaSin-iirto ^'^''' ^^' ^^'"^^ "^^° ^^^ *^ ^^'^'"'^ ^ ^^^^^ ^^^^ ^^^^ ^^''^''^' 
Greenilile ° ^'^^^*^' ^^ Macoupiii countj, to Greenville, in Bond county," ap 
Tevived. proved March 1, 1837, is hereby revived and continued ii! 

force; and that Levi Gimblin of Macoupin countj, Elijai; 
Lindley of Montgomery county, and James S. McCord o 
Bond county, he, and they are hereby, appointed commission, 
Com'rs to crs to locate a State road, any law to the contrary notwith 
locate road, standing. Committee [commissioners] to meet at Carlinville, 
Com'rs to ^^^- '^^' ^hat Ephraim Harnsbarger and John Easti 

locate road brook of Marion county, and Joseph Barker of Bond countyj 
AUon'^to^^^'* ^^' ^"^ ^'^^^ ^^^ hereby, appointed commissioners to viewi 
OreenvSle. survey, and locate, a State road from Mimning street, in Upi 
per Alton, and running westwardly with the road laid out b^j 
the county commissioners of Madison county, to the north line 
of section sixteen, township live north, range six west, of the 
third meridian;, thence to the northwest corner of sectioi 
fifleen; thence the nearest and best way to Greenville. 
Com'rs to lo. Sec. 25. That Purnell Passwater, Thomas Karr, anej 
Waynesvi?]™ '^^^^'^ ^' •^^^^s, are hereby appointed commissioners to vie^ 
to Bloomino- and relocate so much of the State road now leading froM 
ton. Waynesville to Bloomington as lies between Waynesville anej 

Draper's ford on Kickapoo creek. Said commissioners shal 
meeu^n-?^ ^^^^^ ^^ Waynesville and proceed to locate said road, passing 
"' through the timber land on the nearest and best route, and 
through the prairie, as near as may be on the surveyed oi' di-i 
vision lines, so as to intersect township twenty-two, in range- 
two, at the centre of the south line of section number thirty- 
three, in said township; thence, northwestwardly, to the most 
suitable point to build a bridge across said Kickapoo creek. 
Com'rs to Sec. 28. That Robert Gordon, John Tsylor, and Thomae 

from C^irJin- ^' ^^'P^^^ck, are hereby appointed commissioners to view 
vi?le to'^' "*' ^^^ relocate that part of the State road leading from Carlin- 
Meacham's ville to Meacham's ferry, which lies between the creek at 
ferry. Wilham C. Frazier's and the Greene county line, and upon the 

nearest archest route, varying so as not to injure private 
property. i^ 

iSsbam?"'^" ^^^' ^^* '^^^* ^^^ ^^^^ leading from Flour Husband's, in, 
Douok"ss de-° ^angamo county to Douglass, in Macoupin county, as now lo-i 
clave'd a State cated and travelled, be used, the same is hereby declared tol' 
"^^Dai ^° ^ ^^^^^ ^^^^'^ ^"^ '^^ ^® hereby made the duty of the coun-| 

com'fs." ''°' ^y commissioners' court to cause the said road to be kept ini 

good repair as other State and county roads. 
Com'rs to Sec. 28. That E. A. Whipple, Palmsr Holmes, and Sam- 

from Tremont "^^ ^^^ayberry, be, and they are hereby, appointed commission- 
to Washing" ^'■s ^o .view, survey, and locate, a State road from Tremont to 
ton, in Taz'e- Washington, in Tazewell county, to survey and locate said 
well CO. road one hundred feet wide, starting from the north end of' 

James street, and pursuing as near a straight line as practica- 
ble to the town of Washington. 



LAWS OF ILLINOIS. 61 

' Sec. 29. That James Brawhill, John O'Brien, and Na- ^Road^fro- 
uan Dillon, be, and thej are hereby, appointed commission- ^.^^^ / 
•s to view, survey, and locate a State road from the south 
ad of Broadway, in the town of Tremont, to the town of 
)iilon in Tazewell county. Said commissioners to meet at j^^^^^ ^aca- 
'remont. All other State roads heretolbre laid put between ted. 
le above mentioned towns are hereby vacated. 

! Sec. 30. That the road laid out and estabhshed by he ^Road^fr-^^ 
3unty commissioners' court of Macoupin county, leaving the canolton, 
had trom Carhnville to Carrollton, near to the lormer place, and to co.Hne 
nd running from thence to the county line between Greene ^^;^' 
ounty and Macoupin county, is hereby declared to be a State e„unties a 
D-id- and the third section of an act, entitled "An act laying State road. 
u^ certain State roads," approved March twenty-second, 
iffhteen hundred thirty-seven, shall be so construed as to re- 
uire the road leading from Whitehall. Manly's mills. Green- 
eld and Fayette, as to intersect the road just above men- Road from 
ionedatthe^oint of its termination; also the road leading Whu^^^^^^^^^^^^ 
•rem Alton by way of Ezra Gihuan's, of Maduon ccunty, io^^^.^]^c.vcen- 
he head of Piasa, at Simmon's lord on said creek, Delaware, field &c. to 
ireenfield, Athensville, and Williamsburgh, to Jacksonville, f |;-™^1|. 

hereby declared to be a State road. 

Sec 31 That Isaac Plaster and Reddick Horn of Cass Com'rs to 
ounty, and Alexander Beard of Morgan county, be, and they [^^'h^^^s- 
re hereby, appointed conmissioners to view, survey, and lo- ^^j, ^.j., yir- 
ate a S^ate road from Lexington, in Morgan county; thence ginia to Ma- 
Virginia; thence to Matanzas, on the Illinois river. Com-^^^^^^- 
(lissioners to meet at Virginia. _ 

Sec 32 That Pedro Eppison of Knox county, James Comr'rs to 
Planning of Mercer county, and Jonathan Bufhim of Rod.|ocate^road 
island county, be, and they are hereby, appointed commis- ^..^^.j^ ^.^. 
ioners to view, survey, and locate, a State road from ttie Edwards river 
ieimination of the Sute road at the bridge across Pope's inMerce.-^_co. 
■ reek, in Knox counly, to the bridge across Edwards river m ^„j, 
i fiercer county, and thence to Stephenson in Rocklsland county. Fiace of 
|kid commissioners to meet at the house of James Manning in n|ee.in|-. ^^^^^ 
Mercer county; and at the termination oi each mile, on the ^^.j^ juarked. 
ight of the road, they shall plant a post of durable timber, with 
he miles marked thereon progressively. 

Sec. 33. That John C. Pratt, John W. Stakes and _.^^°^"^J^^ ;° ^^ 
:.yman J. Reynolds, be, and they are hereby, appointed com- ft-om Galena 
nissioners to review, and survey, and relocate so much of the ;« /j-^P'^^^'^ 
^tate road leading from Galera to Prophet's town, commenc- 
n'^ at the mile board, two miles north ol Prophet's town, on 
lock river, marked sixty miles from Galena; thence south 
o intersect the State road again south of Prophet's town. /^^f^J^^^o^ 
^aid commissioners to meet at Prophet's town. Com'rs to 

'i Sec 34 That Neeley Withrow and Rufus Hubbard oljoca.eroad 
kenry* county, and A. Slocumb of Whiteside county, be, ^"d {j-om New Al- 
iihey are hereby, appointed commissioners to view, survey, and ^^^ -^^ ^^^^^ 
locate, a State road commencing at New Albany; thence to county. 
,|;*enny's ferry on Rock river, near the west side of range three. 



63 LAWS OF ILLINOIS. 

east of the fourth principal meridian ; thence taking the county 
road to a bridge on Green river; and from thence to intersect 
the State road leading from Galena to Beardstown, at Gen- 
Place of esee, in Henry county. Said commissioners to meet at Gen- 
meeting, nesee. 
Coni'rs to Sec. 35. That Mark Willits, William Hull, and Hop- 
1?'^"'^^^ ^^'^^ kins Boone, be, and they are hereby, appointed commissioners [ 
Boston via ^0 view, survey, and locate a State road from New Boston, in 
Miilersbuigh Mercer county, -s ia Millersburgh to Richmond, in Henry coun- 
to Richmond ^y^ g^^^^ commissioners, in the location of said roads, shall 
emy . j^^^^ special regard to the public convenience, the localities 
of the ground, and advantages of crossing water courses; to; 
Mile post, plant firmly in the ground at the end of each mile, a neat post ! 
of durable timber with the miles progressively marked thereon, i 
lo?a?e'road ^^^- ^^' ^^^^ Heason Zerley of Will county, Benjamin ! 
from Juliet via Buttcrfield of Cook county, and Abraham Holderman of La! 
IMoruian's Salle county, be, and they are hereby, appointed commission-! 
mill, to Ind. gj.g |-Q yig^^ survey, and locate, a State road from Juliet, iu j 
Will county, to Joseph Norman's mill on Hickory creek; | 
Place of thence, eastwardly, to the north side of Skunk grove; thence, j 
meeting. the nearest and best route eastwardly, to the Indiana State 
line. Said commissioners to meet at Juliet. i 
lo^ca^e'road ^^^- ^^' ^^^^^ ^^'^^ Richards of Knox county, Jacob 
from Farm- Mason of Fulton county, and Norman Butler of Henry county, 
ingtouviaiio-be, and they are hereby, appointed commissioners to view, 
to^Richumnd ^^^i^vey, and locate, a State road from Farmington; thence, to| 
in Henry CO. ' Rochester, Lafayette, and Weathersfield, to Richmond, in! 
Henry county ; thence to intersect the road from Knoxville to 
Galena. Commissioners to meet at Farmington. 
Road from Sec. 38. That the present county road from the bridge 
Big creek via over Big creek, on the Vincennes and Chicage State road, 
Brown's rmll jg^ding up Said creek by John Lycan's, Brown's mill, Parker's) 

toiiedmortd's, T.-r » f ^,tt -, t. m ,i • . ,• ji -j 

State road. Newman s, U Hare s^ Bunnell s; thence, mtersectmg the said j 

' Vincennes and Chicago State road at George Redmond's, is ' 

hereby declared a State road, to be worked &nd kept in re-| 

Duty of CO. P^^'' ^our rods wide. And the commissioners' courts of Edgar j 

com'rs of and Clark counties shall arrange the road districts on said | 

Edgar and jj^^g^ ^^^^^ thosc living on the creek shall not be required to 

work on the main State road. j 

Com'rs to Sec. 39. That Isa.'ic Grantham, and John Hamlin of I 

locate road McDonouffh county, and Michael Crane of Warren county,! 

from Macomb 1 i^i ii -ji •• j • 

to Miss, river ^6, and they are hereby, appointed commissioners to view, I 

opposite Bur- survey, and locate, a State road from Macomb, in McDonough 
lington. county, to the Mississippi river opposite the town of Burlington. 

meeiino-. Commissioners to meet at Macomb. 

Com'i^s to Sec. 40. That James Willard of Adams county, Elisha 

locate road Worrell and John Slater of Hancock county, be, and they are 
via^Housfon hereby, appointed commissioners to view, survey, and locate, | 
and Chili to a State road from Clayton, in Adams county, by the way of j 
Rushvijle ancl Houston, in the same county, and Chili, in Hancock county, to 
a point on section two, in township three north, in range seven 



Warsavyroad. 



LAWS OF ILLINOIS. 63 

west, of the fourth principal meridian, where the State road 

from Rushville to Warsaw crosses said section. Commission. ^^^'^^^1°^ 

ers to meet at Chili, in Hancock county. 

Sec. 41. That John Campbell of Pike county, and John Com'rs to 
B. Robinson and WilUam Allen of Adams county, be,}.JJ^'';^;;'j;;^^ 
and they are hereby, appointed commissioners to view, survey, PLiiip'g ferry. 
and relocate so much of the State road from Quincy in Adcims 
county to Phillips' ferry in Pike county, as lies between Bev- 
erly, in Adams county, [and] Thomas Bates' farm, in Pike piace of 
county. Commissioners to meet at said Bates'. meeting. 

Sec. 42. That Turner Rountree, Thomas Gilbert, and A- (^^^,^.^ ^^ 
grippa L. Martin, of the county of Knox, be, and they are relocate road, 
hereby, appointed commissioners to review, survey, and relo- from Knox- 
cate thatpart of the State road leading from Knoxville in Knox '^'^^^^^^ JJ^^, 
county, to New Boston, in Mercer county, which hes in the Galesburgh. 
said county of Knox, so that the said road, as relocated, may 
run through the town of Galesburgh, in said county of Knox, 
and strike the present State road at some point between Gales- 
burgh and Alfred Brown's. 

Sec. 43. ThaWohn M. King, Q. A. Cook, and J. W. Com'rs to 
Bell, be, and they are hereby, appointed commissioners to re- f,?o^^R[fghdJi* 
view, survey, and relocate, that part of the State road leading ^^ Carthage. 
from Rushville, in Schuyler county, to Carthage, in Hancock 
county, which lies between the town of Plymouth and the 
south line of section number thirty-one, in township four 
north, and range four west, of the fourth principal meridian, pj^ce of 
Said commissioners shallmeet at Plymouth. meeting. 

Sec. 44. That Coonrad Leek, David Hodgson, and Charles Com'rs to 
B. Harley, be, and they are hereby, appointed commissioners fj^^^^ E^tJ°^^ 
to view, survey, and relocate, that part of the State road lead- ^^.^^^ ^q q'^ 
ing from Enterprize, in La Salle county, as hes between the Harley's. 
town of Lafayette, in Knox county, and Charles B. Harley's 
on said road, commencing at the south end of Hodgson street, 
in the town of Lafayette; thence, south, to the southeast 
corner of Peter Minor's eighty acres; from thence, the nearest 
and best way to the bridge on Fitch's creek; from thence to 
Leek's mills, on Walnut creek; and from thence to Charles piacs of 
B. Harley's on said road. Said commissioners to meet at the meeting. 
town of Lafayette. 

Sec. 45. That Thomas Brackman of Brown county, and ^^^'^^J^ ^°* 
John Wiggle and Abraham H. D. Butts, are hereby appoint- fi^mM^ ster- 
ed commissioners to view, survey, and locate, a State road ling to Liber- 
from Mount Sterling, in Brown county, to Liberty, in Adams ^7- 
county. 

Sec. 46. That Rufus Souls, Luke Hall, and Ransom ^o^o^^ate 
Steele, of M'Henry county, be, and they are hereby, appoint- cilicago^ia 
ed commissioners to view, survey, and locate, a State road Half Day to 
from Chicago; thence to Half Day; thence, by Fort Hill, to^cHenry. 
M'Henry; thence to the State line, to meet the territorial f„g''^°*°'^^** 
road leading to Madison, in Wisconsin. Commissioners to 
meet at Half Day. 

Skc. 47. That Sylvester Talcott, N. H. Foster ^nd 



g4 LAWS OF ILLINOIS. 

Christoper Walkeep, be, and they are hereby, appointed corn- 
Locate road rnissioners to view, survey, and locate, a State road irom Crys- 
vXt?Ee".^^^v^'^<^' in M'HeMry county; thence to Christopher Wal- 
ral Point. keep's, on the road leading Irom Chicago to Big loot Lake; 
thence to Nippersink, Cold Spring prairie; thence to Ilownd 
prairie; thence, in a direction to Mineral Foint, in Wisconsin, 
until the same intersects the State line. Commissioners to 
meet at Crystalville. 

Sec. 48. That Benjamin T. Lee of Winnebago county, 
Ephraim Hall of De Kalb county, and Isaac Marlett of 

, Kane county, be, and they are hereby, appointed commis- 
Locateroad . .J' ' J c<j / j r i 

to Aurora, sioncrs to View, survey, and locate, a State road irom where a 
&c., to Mine- certain road terminates at the Will county Hne, to Aurora, on 
ral Fomt. Fox river; thence, by the county seat of De Kalb county, 
Rockford, in Winnebago county, Trask's ferry, Pekatonikee; 
thence to the State line, in a direction towards Mineral Foint. 
Road from The said commissioners shall lay out a State road from the 
Winnebago to town of VFinnebago, in Winnebago county, intersecting the 
Pkce^'ol'mect- ^^ate road in the direction to the Will county line. Commis- 
ing. sioners to meet at Aurora. 

Sec. 49. That William Shed, Dauphin Brown and Lemu- 
el W. Streator, be, and they are hereby, appointed commis- 
To locate sioners to view, survey, and locate, a State road from La Salle, 
'g°^j^^*''^^^' ^^ in La Salle county; tbence to Troy Grove; thence to inlet 
Troy'grove to Grove; thence to Bloomingville, on Rock river; thence to 
State line. Freeport; thence tO Brewster's ferry, on Pekatonikee; and 
thence to the State line, in a direction to Mineral Point. 
Commissioners to meet at La Salle. 

Sec. 50. That George W. Hilyard and James Scybold of 
Pike county, and Samuel Cutler of Adams county, be, and 
To locate they are hereby, appointed commi*ssioncrs to view, survey, and 
verf 'lo'^o^m locate, a State road from Beverly, in Adams county, iii a di- 
west of Perry, rcction to Naples, to intersect the State road from Quincy to 
Place of meet- Naples at some point west of Perry, in Pike county. Com- 
missioners to meet at Beverly. 

to Savanna Rock Island to Savanna, as lies within the town of Hampton, 
vacated. jj^ Rock Island county, be, and the same is hereby, vacated. 



Road from ^^^^ ^^^ That SO much of the State road leading from 



BlxoxH'Tenj ^^c. 52. That the county road from Dixon's ferry to the 
to Linder, & town of Linder, on Rock river, a»d the road from Union 
Union grove Grove, in Whiteside County, to Fulton City, be, and the same 
Statcroads ' arehercby, declared State roads; and that D. B. Young, Hen- 



to Fulton City 
Statcroads 

Locate road ry Boyer and John Baker, are hereby appointed commission- 
from Union gj.g ^ view, survey, and locate, a State road from Union Grove 
on°sfeiTy. '''' ^o the crossing of Elkhorn creek, on the road to Dixon's i'erry. 
Sec. 53. That the county road now established, opened 
Road from and travelled, from Carmi, in White county, by the way of the 
Srsv^le a ^°^^ bridge and Caleb Clitford's; thence to Graysville, on the 
StaTroad. ^ Wabash river, is hereby declared a State road, to be worked 
and kept in repair four rods wide. 

Sec. 54. That a part of the State road from Carlinville 



LAWS OF ILLINOIS. 65 

to Jacksonville shall be changed and vacated, viz: To com- Ron d from 
, mence at William Adams', in Macoupin county; thence, on a j^^"{^"J!^']^jjg° 
direct line, to the northeast corner of John Burleson's farm; changed to 
thence, due north, one-quarter of a mile; thence, westvvardlj, run from 
one-quarter of a mile; thence, due north, to the southeast cor- Q^^^^ij'"^ *° 
ner of the public square in the town of Newburg; thence, 
northwestwardly with the county road, to the township line; 
thence, with said line, to intersect the old road at George 
Sharp's. 

Sec. 55. That that part of the State road leading from Road from 
Hillsboro' to Alton, viz: from the point where the same forks, Hillsboro' to 
on the road from Hillsboro' to Edwardsville, to the point 
w^here it connects with the old road leading from the Hillsboro' 
and Edwardsville road to Staunton, is hereby vacated; and Road contin- 
from the point first above named, the road shall be continued "''^^ '^"d^Ai""' 
on the Hillsboro' and Edwardsville road, to t- point about one road. 
mile from Kirkland's Grove; thence on the old road leading to 
Staunton unlil it connects with the aforesaid Alton road. 

Sec. 56. That Samuel Blackwell, Joseph M'Lean, and 
Samuel Porter, are hereby appointed commissioners to review Com'rs to lo- 
and relocate a part of the road from Ford's ferry to Jackson- p^^f''°^^\^''°'^ 
ville, viz: that the same may run on the half mile line of sec- jacksonviUe. 
tion eleven, then about half way through section two, on the 
same line, in township seven north, range four west, until the 
same intersects the old road again. 

Sec. 57. That the State road leading from Beardstown to Road from 
Mount Sterhng, in Brown county, heretofore established, be, t^^Mt^g°e7linff 
and the same is hereby, vacated and made void. vacated. 

Sec. 58. That Henry Fervinger, John Sides, and Henry t^om'rs to i-e- 
Casteene, of Brown county, be, and they are hereby, appoint- jv^^' Me°edo- 
ed commissioners to view, survey, and relocate, a part of the sia to Mount 
State road leading from Meredosia to Mount Sterling, viz: to ■'"^terllug:. 
change the same in section twenty, township two south, range ciian<^ed ^ 
two west, and in that vicinity, in the neighborhood of B. F. ' ° * 
Hills, in Brown county. 

Sec. 59. That Abraham Smith of Brown county, O. M. Poc^e'-i^xd"^" 
Hagland and Allen Persinger of Schuyler county, be, and from Rush- 
they are hereby appointed commissioners to change, alter and ville to Quin- 
relocate, the State road leading from F^ushville to Quincy, so ^^' 
much thereof as lies between Henley's mill, on Crooked creek, 
and Rushville. 

Sec. 60. That James Head and Nathan Ward, of M'Do- Com'rs to lo- 
nough county, and William Smith of Hancock county, are Appanoose"" 
hereby appointed commissioners to view, survey, and locate aviaLahai-t 
State road from Appanoose to t^ahart, in Hancock county ;^™™.'^^?^<?™^ 
thence to intersect a State road to be located from Macomb, river!'^^^^^^^'^^ 
in M'Donough county, to the Mississippi river opposite Bur- 
lington, at the most suitable and convenient point in a dircc- 
to Macomb. Commissioners to meet at Appanoose within Time & place 
one month after the location of the above recited road. °^ meeting. 

Sec. 61. That Willard Graves of Columbus, in Adams 
5 



66 . LAWS OF ILLINOIS. 

Com'rs to lo- countj, Jonathan Dearborn of Brown county, and Joseph S. 
cate road from King of Pike cou'nty, be, and they are hereby, appointed com- 
Chambevs-**^ missioners to view, survey, and locate a State road, commenc- 
burgh. ^ ing at Coknnbus aforesaid; tlience, eastv/ardly through Walk- 
er's neck, to M'Kee's creek, between sections twenty and 
twenty-one, township two south, range three west; thence to 
Place of meet- Chambersburgh, in Pike county. Comnnissioners to meet at 
^S- Columbus. 

Sec. 62. That John H. Holton, William Oglesby, and 

Charles K. j\i"Coy, are hereby appointed commissioners to 

To locate view, survey, and locate a State roc.d from Quincy, in Adams 

Qui!ic°™ Mt. county, via the upper bridge on North Mill creek to Columbus; 

Sterling. thence, through Clayton, in Adams county, toMouRt Sterling, 

in Brown county. Commissioners to meet at Quincy. 

Sec. 63. That Warner Earll, Willard Claik, and David 

A. Holt, of Winnebago county, be, and they are hereby, ap- 

Torelocaie, pointed commissioners to view, survey, and locate a State road 

road from from Rishwaukee, in Winnebago county; thenco to intersect 

^^Fi^e"oi7 *^^^ State road from Bloomington to Freepoit, in Stephenson 

county. 

- Sec. 64. That Carter T. Davidson of Warren county, 
Alexander Latimer of Knox county, and Jacob Mason of Ful- 
ton county, be, and they are hereby, appointed commissioners 
Locate road ^q view, survey, and locate a State road from Farmington. hi 
!j^°™ ^J^J"' Fulton county, via Hull's crossing on Spoon river; the ace to 
Monmouth. Abingdon, in Knox county, entering said town at the east end 
of Jackson street, running wdth said street to Main street; 
thence to the north end of said Main street; thence to Jona- 
pj^^^g^jj-j^ggj. than liatimer's; and from thence to Monmouth, in Wairen 
ing, county. Commissioners to meet at Farmington, 

Sec. 65. That Benjamin Tompkins, Kernier Brent, and 
Matthew J. Cox, of Warren county, be, and they are here- 
^ad°fro2 Pe- by, appointed commissioners to view, survey, and relocate, apart 
oria to Bur- of the State road from Peoria to Burlingtoh, beginning at the 
lington. southeast corner of the southwest quarter of section seventeen, 

ro"a"d?^ *^ township nine north, range three west; thence to the north- 
east corner of said section; thence, on or near the north line of 
said quarter, to the centre of section eighteen, same township 
and range; thence, to continue on a direct line as the ground 
Place of meet- will permit, until it intersects the old road tirst above named, 
ing. Commissioners to meet at New liancaster. 

^ Sec. 66. ThatHiramChapin, Andrew Wallace, and Tho- 

mas Fruit, of the county of Macon, be, and they are hereby, 
To locate appointed commissioners to view, mark, and relocate, so much 
road from De- q\- j-\^q State road running from Decatur to Bloomington as 
Bloomiii"-ton. ^^^^ between the north line of township eighteen, and the town 
Place ofmeet- of Clinton, in Macon county. Commissioners to meet at Clin- 
ing. ton. 

Majority of Sec. 67. The commissioners named in this act to locate 
kw^ma^v ac^t^ ^^^ relocate the several roads, and p ::^s of roads, a majority 
take oath, &.c' of whom, in any one case, may act and discharge the duties 



LAWS OF ILLINOIS. 



67 



required ; and previous to acting-shall severally take an oath be- 
fore some justice of the peace of the State, faithfully and im- 
partially, to the best of their judgment, discharge the duties 
required; and shall proceed, at any time after the passage of 
this act, between this and the first of August next, and they Time of loca- 
shall meet by that day; and shall with great care cause the '^°"- 
routes to be viewed, surveyed and located, with a view to per- 
manent roads, four rods wide in all cases where the width is Width of 
not otherwise herein directed ; and through prairie lands cause ^'°^*^^- 
the same, where they judge it necessary, to be staked, and ^o^ marked • 
blazed through timbered land. 

Sec. 68. They shall cause the same to be surveyed in all To be suwej- 
cases, and may employ a surveyor and the hands necessary 



cd. 
Reports 



and they shall make out reports and plats, and return the same pjj/tg 
to each and every county commissioners' court through which 
the roads may pass, of the part lying in each county respective- 
ly, which shall be recorded and preserved. 

Sec. 69. That William Tate and John C. Bane of Ful- 
ton county, and Isaac Lane of Schuyler county, be, and they 
are hereby, appointed commissioners to view, survey, and lo- To locate 
cate a State road from Springfield, in Sangamon county, to ^"^^' ^o™ 
Miller's ferry or Blue Springs, on the Sangamon river, cross- iviiiier's^ferrTr 
ing the Illinois river at Spark's landing, in Schuyler county, &c., to Ma- 
via Astoria post office and Vermot, in Fuhon county, to Ma- comb. 
comb, in M'Donough county. Commissioners to meet at T^^^^ ofmeet- 
Springfield. ^"^' 

Sec. 70. That William Freborn, Seth Helton, and Joel 
Beadles, of Fulton county, be, and they are hereby, appointed 
commissioners to view, survey, and relocate, that part of the ^o relocate 
State road from Warsaw to Canton situate between Marietta ^y^*j.g^^°jQ 
and Centre ville, in Fulton county, thatthe same may be located Canton, 
so as to cross Spoon river at the town of Bristol, on section 
twenty-four, in township six north, range one east. 

Sec. 71. That William Russell of Fayette county, Wil- 
liam Thomas of Dane county, and John L. Dryer of Sanga- 
mon county, be, and they are hereby, appointed commissioners 
to view, survey, and locate a State road leading from Vanda- To locate 
lia, leaving the present Springfield road at the farm of Col. Ber- ^^^d from 
ry; thence, to Williaip Russell and John Denton's, along up Sprin^fidd" 
the prairie between Huriicane and Ramsey's creek timber, on 
the nearest and best route to Springfield. Commissioners to Place of meet- 
meet at Vandalia. ^°»" 

Sec. 72. That Marcus B. Osborn and George Tyler, of 
Henry county, and Miles Conway of Rock Island county, be, and Locate road 
they are hereby, appointed commissioners to view, survey, Snd from Andover 
locate a State road from Andover, in Henry county, via Clear- '^^^^^^^^Fl^'^^ 
land, to the Mississippi river, opposite Fort Byron, in Rock Is- j-jyer.^^^^^^^^^^ 
land county, on the nearest and best ground from point to point. Place of meet- 
Commissioners to meet at Rock Island. ^°S- 

Sec. 73. That Basil Davis of Clay county, and William 
Gordon and William Stephens of Effingham county, be, and 



68 LAWS OF ILLINOIS. 

To relocate they are l^erebj, appointed commissioners to view, survey, and 
road from relocate a part of the State road leading from Maysville, via Ew- 
Sbyvilier Jng^o"' t^ Shelby ville, viz: that part of said road from Heflin's, 
Place of meet- ^" ^^^J county, to Brocket's mills, in Effingham county. Com. 
Ing. missioners to meet at said Heflin's. 

Sec. 74. Mark Tully of Marion county, Thomas J. Gillen- 
water of Effingham county, and Silas Hart of Coles county,' 
Locate road ^q^ ^nd they are hereby, appointed commissioners to view, sur- 
Charle'ston. vey, and locate a State load from Salem, in Marion county, via 
Place of meet- Ewington, in Effingham county, to Charleston, in Coles coun-, 
^^S- ty. Commissioners to meet at Salem. 

Sec. 75. That James Smith, John Johnston and Levi 

Thompson, of Iroquois county, be, and they are hereby, ap- 

To locate pointed commissioners to view, survey and locate a State road 

road from In- from a suitable and eligible point on the State hne betv\reen 

Onawa^"^ ^° Illinois and Indiana, in a direction from Lafayette to Ottawa, 

from said point of beginning to the town of Middleport, in 

Iroquois county; thence, down the Iroquois river, to the town 

of Plato, in said county ; thence, in the best direction, to the 

Place ofmeet- tovf n of Ottawa, in La Salle county. Commissioners to meet 

ing. at Middleport. 

Sec. 76. That George Parks of Shelby county, William 

Jeremiah of Champaign, and Jonathan Wright of Iroquois 

county, are hereby appointed commissioners to view, survey, 

To locate and locate a State road from Shelbyville, in Shelby county, to 

road from Urbana, in Champaign coun ty; thence to the middle fork of 

Chicaffo^^^^ ^° Vermihon river; thence to the head branch of Spring creek, 

and down Spring creek to the town of Nightsville; thence to 

Plato, in Iroquois county; thence, down the Iroquois river, to 

the Kankakee, and from thence to fall into the State road 

Placeofmeet-^^^^^^S from Danville to Chicago, in the nearest and best 

ing. way to Chicago. ' Commissioners to meet at Shelbyville. 

Sec. 77. Thomas Edmunson, Robert Sands, and George 
Richards, of the county of Scott, be, and they are hereby, ap- 
Locate road pointed commissioners to view, survey, and locate a State road 
to°Bloomfield ^om Naples, in said county; thence to the bridge over the 
' Mauvaisc-terre ; thence to Bloomfield in said county, selecting 
Place of meet- throughout the best ground for a permanent road. Commis- 
ing. ■ sioners to meet at Naples. 

Sec. 78. That A. Richards of Stark county, Charles S. 
Boyed of Bureau county, and Henry M'Clanahan of Knox 
county, be, and they are hereby, appointed commissioners to 
Locate road view, survey, and locate a State road from the feriy landing 
from Henne- on the west side of the Illinois river, opposite Hennepin, in 
pin to Victo- pijtnam county; thence to Toulon, the seat of justice of 
Place of meet- ^^^^'^^ county; thence to intersect a State road leading to 
ing. Knoxville at or near the town of Victoria, in Knox county. 

Commissioners to meet at Perkin's, in Bureau county. 
Joad*ft-om ^^^' ^^' "^^^^ Daniel Wooten of Stephenson county, 

Rockford to John Piatt of Winnebago county, and Preston of Car- 

Savannah, roll county, be, and they are hereby, appointed commissioners 



LAWS OF ILLINOIS. 69 

to view, survey, and locate, a State road from Rockford, in 
Winnebago county; thence to Savannah on the Mississippi 
river. 

Sec. 80. That all that part of the State road from Darwin, Road from 
via Auburn, to New Richmond, in Clark county, which lies Darwin to N. 
between Auburn and New Richmond, is hereby vacated and ^atVd?"" ^'*' 
wholly annulled; and the county road now established and ina-CQj.oa(i Re- 
proved from Auburn to New Richmond, is hereby declared a dared State 
State road, four poles wide. ^'o^^- 

Sec. 81. That the road leading from Butler Sewaid's, in^^^^^J^g"" ^• 
Montgomery county, intersecting the Jacksonville road at gt^e'^road. 
Baily Tailor's, in Macoupin county, be, and the same is here- 
by, declared a State road. 

Sec. 82. That Henry Harrison, jr., of Claik county, and To relocate 
Nathaniel Parker of Coles county, be, and they are hereby, f^^^^ ^""^^^ 
appointed commissioners to view, survey, and relocate, with a prairie to 
view of straightening and shortening the same, the road com- Bartlett'sland 
mencing at the State road on Union prairie, at the southwest 
corner of section sixteen; thence, by Handy's, to the point 
where the road now turns, at or near the corner of Bartlett's 
land, or the southwest quarter of section fourteen, township 
nine north, range twelve west; thence, on a direct line from 
said turn to Martinsville, on the Cumberland road, if the same To Martins- 
be practicable; if not, as near a straight line as the ground will 1^^ ^Baker's 
permit for a permanent road ; from Martinsville they shall mill, and to 
extend the line on the most eUgible route, and locate the road Charleston. 
to Baker and Norfolk's mill, on the Embarrass river; thence 
to Charleston, in Coles county. And the said Henry Harrison, 
jr., and Nathaniel Parker, shall alter and change, as they may 
deem right for the pubhc good, the State road from York to 
Martinsville, from section thirty -five, in township nine north, 
range twelve west, and through the Crow prairie; and to ex- 
tend the same to form a junction with the road first named in Road vacated 
this section, at a suitable point at or near the grove above An- 
glin's; and the other part of said road from Anglin's to Mar- 
tinsville to be vacated. 

Sec. 83. The present county road from the Grand Turn Declared] 
below Marshall, via Water's mill, to the county Hne of Craw- ^'^'^^ ^°^'^- 
ford, is hereby declared a State road, four rods wide, and may 
be straightened at Miner's creek. 

Sec. 84. That Henry Furguson, James Walker, and Jo- To relocate 
seph H. Gooding, of Pike county, be, and they are hereby, ["^^^^pfj^g^^'j 
appointed commissioners to view and relocate the State road Vale. 
from Atlas, via Rockport, to Pleasant Vale, so as to enter Main 
street of said Pleasant Vale, at the southeastern extremity; Place of meet- 
thence to Kinderhook, on the most direct and eligible ground i^S • 
to Adams county line, doing as little damage as the public ^°^^, ^^'"™ 
good will admit. Commissioners to meet at Atlas. CarlinviHeva- 

Sec. 85. That so much of the road leading from Douglass cated. 
to Carlinville,in Macoupin county, as lies between Caulkia's Frozen Caul- 
branch and Archibald Coulter's, be, and the same is hereby , J^.,/ state°rd' 
vacated ; and that the road from Caulkin's branch, by John 



70 LAWS OF ILLINOIS. 

Brown's, to Archibald Coulter's, is hereby declared a State 

road, and the same shall be kept in repair as other State roads. 

, Sec. 86. That the commissioners' court of Peoria county 

of Peoria may be, and they are hereby, authorized to alter that part of the 

alter road State road leading from Peoria to Knoxville, that runs through 

^°™ ^?||"^ '^ township eight north, in range eight east, and also through 

township nine north, range seven east. 

Co. com'rs co. ^Ec. 87. That an alteration and review of the State road, 

of Shelby to from Shelbyville to Danville, so much thereof as lies within 

^Pjoin^^c^o™- said counties of Shelby and Coles; and with view that the 

road from county commissioners' court of Shelby county, shall appoint 

Danville to without delay, three commissioners to view, survey, and relo- 

Shelbyville. ^.^^j.^^ that part lying in said county of Shelby, to the best advan- 

, tage for a permanent road ; and said commissioners shall act in 

Coles to act concert and agree with the commissioners from Coles county, 

in concert. hereinafter named, where and at what point the road shall cross 

the line of Shelby and Coles counties. Jesse Fuller, Isaac Gruel, 

and William Barnett, of Coles county, are hereby appointed 

commissioners to view, survey, and relocate said road in Coles 

To report. county. Said commissioners shall repoi^t to the counties re- 

Expensep, spectively; and each county to pay the expenses so incurred 

how paid. severally. 

Clmrlelmn to ^^^' ^^' "^^^'^^ ^° ^^^^^ ^^ *^^ ^^^^^ ^^^^ ^^°"^ Charleston, 
Springfield ° ^^ Coles county, to Springfield, via Essex, in Shelby county, 
vacated. as lies between Charleston and Essex, is hereby vacated and 

annulled ; and Elisha Linder and Noyes are hereby ap- 

road^from pointed commissioners to view, survey, and locate a State road, 
Charleston to from some suitable point near Wabash Point, on the State road 
Shelbyville. from Charleston to Shelbyville, to Essex, in Shelby county. 
_, , Sec. 89. That John Onslott, Jacob Calglazer and Ed- 

road from ward Golden, be, and they are hereby, appointed commission- 
Louisville to ers to view, survey, and locate, a State road from Louisville, to 
J. Onslott's. intersect the Western mail route at some convenient point be- 
tween John Davenport's and John Onslott's. 
Time extend- Sec. 90. That John W. Sullivan and George Greene, 
brid°e^over L ^^^^^^ ^^^"^e the extension of one year from the passage of this 
Wabash. act, to finish the bridge across the Little W" abash river, at or 
near Louisville, in Clay county, where the road leading from 
Time extend- Vandaha to Lawrenceville crosses; and that the act author- 
£ms aid^Mi- ^^^"g Robert Toler, William Farmer, and Hugh IvFDaniel, to 
Daniel to build abridge across the Little Wabash river, approved March 
build bridge. 4th, 1837, be extended or construed so as to give them longer 
time to build said bridge, to wit: one year from the passage of 
this act. 
Pay of com'rs, Seg. 9L The allowance to commissioners shall be one 
surveyors and dollar and fifty cents per day, for each and every day necessa- 
rily employed in the discharge of the duties required; to sur- 
hands, veyors, two dollars and fifty cents; and to hands, one dollar; 

to be paid by the. several counties interested, in proportion to 
the length and distance of road in the county — an equitable and 
Counties to fair proportion of the whole expenses; and the same shall be 
pay equally, paid by the counties. 



LAWS OF ILLINOIS. 71. 

Sec. 92. It shall be the duty of the county commissioners' 
courts of the several counties through which any road or im- 
provement, authorized by this act, shall be established, shall 
cause the same, without delay, to [be] opened, worked, ,-and Com'rs to 
kept in repair, so far as the labor and means of the counties re- °P®° roads, 
spectively will enable, and with [the] due interest of the county 
admit. 

. Sec. 93. The county commissioners' court of Jackson Co. com. co. 
county are hereby authorized to appoint commissioners to lo- ^° appoint 
cate a State road from Gill's terry to Shawneetown, to carry cate'road! °' 
out the provisions of a bill to establish a State road between 
said points, passed at the December session of 1836. 

Sec. 94. The several commissioners appointed by this 
act to locate, alter, and amend, the severed roads stated, (a ma- Majority of 
jority of any set of reviewers may act,) shall meet by the first ^^ ""^ ™^^ 
Monday of August next, and being duly sworn by some justice Time e. - 
of the peace, faithfully and impartially to discharge the duties ^^S- o 
required of them respectively; and, being so sworn, shall proceed "^^ ^^ sworn . 
to view, survey, and locate, the several roads and parts cf roads, 
and relocate as stated, from point to point named, on the most 
eligible route, making the same as permanent as practicable 
for the public good ; and they shall make report to the several !^^s°^' *° ^® 
county commissioners' courts through which any road may 
pass authorized in this act, of the part lying and being in such 
county ; which shall be recorded, filed and preserved : Provided, Proviso. 
It be convenient and deemed advisable, said commissioners 
may meet, qualify, and locate said roads, at any time after the 
passage of this act. 

Sec 95. There shall be allowed to the Speaker pro tern. Compensa- 
of the Senate, seven dollars per day, for each day he has ^ ""/q f J^^of 
served in that capacity during the present session of the Gene- Senate. 
ral Assembly, in lieu of the allowance made him in the appro- 
priation bill. This act to be considered in force from and af- 
ter its passage. 

Approved, March 2, 1839. 



AN ACT regulating Tavern and Grocery license. In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinoii, 
represented in the General Assembly, That all laws and parts Laws repeal- 
of laws, authorizing county commissoners' courts to grant li- ® • 
censes to keep tavern, be, and the same are hereby, repealed. 

Sec. 2. County commissioners' courts may grant licenses 
to keep groceries, upon the following conditions, to wit: First, 
the applicant shall pay into the county treasury, for the privi- 9°^^*^"^"°^ '^^ 
lege granted, a sum not exceeding three hundred dollars nor ^ 
less than twenty-five dollars, in the discretion of the court; 
Second, the applicant shall execute bond, in the penalty of five ^^j"'^ ^"^ P®* 
hundred dollars, with one or more securities, to be approved 
by the court, conditioned that the applicant will keep an 



72 , LAWS OF ILLINOIS. 

orderly house, and that he will not permit any unlawful gaming 
or riotous conduct in his house, 
^ran/ ™— - ^^^* ^' Upon appHcations for licenses to keep groceries, 
ject. the court may reject or grant the same in their discretion. 

Sec. 4. County commissioners' courts shall have power, 
May be re- upon complaint being made to them, to revoke any license 
yoked. granted to keep a grocery, whenever they may be satisfied 

that the privileges granted have been abused, or that the per- 
son to whom the license was granted has violated the law. 
Sec. 5. Licenses granted to keep groceries shall not au- 
Extent of h- t^orize the person obtaining the license, to vend or sell spirit- 
uous or vinous liquors in more than one place or house, and 
every license shall describe the house and place intended to be 
occupied. 
What grocery Sec. 6. A grocery shall be deemed to include all houses 
deemed to be. ^^^ places where spirituous or vinous liquours are retailed by 

less quantities than one gallon. 
Power of trus- ^Ec. 7. The president and trustees of incorporated towns 
teas of towns, shall have the exclusive privilege of granting licenses to gro- 
ceries within their incorporated limits; and all sums of mo- 
ney, which may be received f®r licenses granted as aforesaid, 
shall be paid into the county treasury. 

Sec. 8. If a majority of the legal voters in any county, 
justice's district, incorporated town, or ward in any city, shall 
On petition, petition the county commissioners' court, or other authority au- 
not lawful to thorized to grant licenses, desiring that spirituous liquors shall 
Rvant license. ^^^ ^^ retailed within the bounds of said county, justice's dis- 
trict, incorporated town, or ward of any city, then, and in that 
case, it shall not be lawful to grant any grocery license in said 
county, justice's district, incorporated town, or ward, until a 
majority of the legal voters in said county, incorporated town. 
Petition for justice's district, or ward, shall in like manner petition for the 
granting li- granting of said licenses. 

Approved, March 2, 1839. 



In force, Feb. AN ACT to amend an act, entitled "An act forming an additional justice's 
9, 1839. district in the county of Randolph." 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Jisseviblyu That the justice's dis- 
trict [created] by the act, entitled "An act forming an additional 
district in the county of Randolph," approved the twentieth 
Justice's dis- of -^uly, 1837, shall be extended so as to include all the coun- 
trict extended, try included in the justice's district laid off by the county 
commissioners' court of Randolph county, in which the town 
of Columbus is situated; but one justice and constable to be 
elected in said district shall reside in said town of Columbus. 
Approved, February 9, 1839. 



LAWS OF ILLINOIS. 73 

AN ACT to vacate the plat of the town of Savannah, in Iroquois county, j^ foj^e 

March 4,1839. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the survey and plat 
of the town of Savannah, in Iroquois county, be, and the same Plat vacated. 
is hereby, vacated : Provided, The assent of owners of any Proviso, 
lots in said town, other than the proprietors, shall first be ob- 
tained: which assent shall be made in writing, and recorded 
in the recorder's office of Iroquois county. This act to take 
effect and be in force from and after its passage. 

This bill having remained with the Council of Revision ten days, and 
the General Assembly being in session, it has become a law, this 4th March, 
1839. 

A. P. FIELD, Secretary of State. ' 



AN ACT to change the name of the town of Charleston, in the county of ^° ^^'?a^nn^^' 
Kane, to that of St. Charles. ^> 1«39, 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the name of the 
town of Charleston, in the county of Kane, and State of H- Name of town 
linois, be, and the same is hereby, changed to that of St. change?^*°'^ 
Charles; and by that name it shall hereafter be known and dis- 
tinguished in law. 

Sec. 2. This act shall in nowise affect the title to the Act not to af- 
real estate lying and being within the plat of said town; or feet estate in 
prejudice, impair, or affect, the rights, privileges, and immu-*^"^"" 
nities, of said town. This act to take effect from and after 
its passage. 

Approved, February 9, 1839. 



AN ACT to create the county of Du Page. jjj force, Feb. 

9, 1839. 
Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That all of that tract of Boundaries of 
country lying within the following boundaries, to wit: Com- ^" Page co. 
mencing on the east line of Kane county, at the division line 
between section eighteen and nineteen, in township thirty- 
seven north, range nine east of the third principal meridian, 
pursuing the same line eastward until it strikes the Des Plaines 
river; thence following the said river up to the range line 
between township eleven and twelve east of the third prin- 
cipal meridian ; thence north, on said line, to the township 
line between forty and forty-one; thence west, on said line, 
to the east line of Kane county; thence south, on the east 
line of Kane county, to the place of beginning, shall con- 
stitute a new county by the name of Du Page: Provid- 
ed, always, That no part of the county above described. 



74 LAWS OF ILLINOIS. 

now forming a part of Will county, shall be included within { 
the said county of Du Page, unless the inhabitants now re- j 
f siding in said part of Will county shall, by a vote to be given 

by them at the next August election, decide, by a majority i 
of legal voters, that they prefer to have the said territory make 
a part of the said county of Du Page. 

Sec. 2. An election shall be held at the Pre-emption House,' j 

^h ''^^°h°'ld ^^ Naperville , on the first Monday in May next, by the qual- 
ified voters of said county, for county oflicers; who, when 
qualified, shall hold their offices until the next general elec- 
tion: said election shall be conducted, and returns thereof 
made to the clerk of the county commissioners' court of Cook 
county, as in other cases; and said clerk shall give certifi- 1 
cates of election. And when said cQunty commissioners shall 
be elected and qualified, the said county of Du Page shall 'i 

Judges ofelec- be ^^1^ organized. S. H. Skinner, Stephen J. Scott, and ,' 
Louis J. Butler, are hereby appointed judges of said elec- i 
tion. j 

Attached to Sec. 3. Said county of Du Page shall be attached to the 3 

7th Jud'l Cir- seventh judicial circuit, and the judge of said circuit shall fixs 

the terms of said court therein ; two of which shall be held in i 

said county, annually, at Naperville, where the county com- 

■ missioners may direct, until the county buildings are com-- 

pleted. 

County seat, ^'^^' ^' ^^^ ^^^ purpose of locating the permanent seat 
of justice for said county of Du Page, the following named i 
persons are hereby appointed commissioners, to wit: Ralph 
Woodruflf of La Salle county, Seth Reed of Kane county, 
and Horatio G. Loomis of Cook, who, or a majority of them, 
shall meet at the Pre-emption House in Naperville, on the first 
Monday of June, or within thirty days thereafter, and, first 
being duly sworn by some justice of the peace, shall proceed 
to locate the seat of justice for said county, at the most eligi- 

Proviso. ble and convenient point: Provided, The said commissioners 

shall obtain for the county, from the claimant, a quantity of 
land, not less than three acres, and three thousand dollars for 
the purpose of erecting county buildings ; which sum shall be 
secured to the county commissioners, and paid out, under their 
directions, for the purposes aforesaid. 

Sec. 5. The commissioners appointed to locate said county 

Comm'rs' pay. seat shall each be allowed the sum of three dollars per day, 
for each day by them necessarily employed in the perform- 
ance of that duty, to be paid out of the treasury of said : 
county. 

Sec. 5. The qualified voters of the county of Du Page, in i 
all elections except county elections, shall vote with the dis- • 
trict to which they belong, until the next apportionment; 
and shall, in all respects, be entitled to the same privileges 
and rights as in general belong to the citizens of other coun- 
ties in this State. 
I Approved, February 9, 1839. 



! LAWS OF ILLINOIS. 75 

i AN ACT for the relief of the heirs of John Thompson, deceased. In ^^ce^ ^eb. 

Sec 1. Be it enacted by the People of the State of Illinois, 
[presented in the General Assembly, That Samuel Hill, guar- 
ian of the infant heirs of John Thompson, deceased, late of 
!,andolph county, be, and he is hereby, authorized and em- Guaj-d-n^au- 
owered to vest the whole amount of money m his hands be- ^^^^ ^^^^^ 
ondnff to said heirs, after payment of necessary expenses, m belonging to 
kl estate, for the use of the said heirs when they arrive at heirs, inlands 
'iwful age: and the said Samuel Hill, upon making said m- 
lestment, shall make a true return to the probate justice of 
Itie peace, of Randolph county, of the amount of money in- 
iested, and the lands bought for ihe use of the said infant heirs; 
Indsuch return shall be delivered in upon the oath of the R^eturnj« ^« 
aid guardian, and filed in the oifice of the said probate jus- 
iice of the peace; and the said guardian shall file a bond in Guardian to 
he office of the said probate justice of the peace of said Ale bj^inoi^ 
■ounty, in such sums and with such security as shall be ap- justice. 
)roved by the said probate justice of the peace, for the use 
)f said infant heirs, conditioned that he will comply with all 
Ihe provisions of this act. „ „ , » . i„^ 

Sec. 2. The act entitled "An act for the relief of the Act repealed, 
leirs of John Thompson, deceased," approved twenty-seventh 
February, 1837, is hereby repealed. 

Approved, February 9, 1839. 



Ln act to authorize the relocation of part of the State road leading I" force Feb. 
from Stephenson to the mouth of Pickatonica. i-^, i»-i»- 

I Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That George McHenry, Commjrs^t^o ^^ 
James Withrow, and John H. Hanna, be, and they are here- 
by, appointed commissioners to view and relocate so much 
of the State road leading from Stephenson to the mouth of 
the Pickatonica, as lies between Earl P. Aldrich and George Route. 
McHenry's, on said road, commencing at Earl P. Aldrich's; 
thence to Solomon Penny's, leaving Penny's farm on the south; 
thence, north of E. E. Renehaw's, to aline between N. Whit- 
row's farms; running thence, with a furrow made by plowing, 
north of James Tabor, A. W. Becks, and Joseph Browning, 
intersecting the present road at or near George McHenry's, 
having due regard to private property. 

Sec. 2. The commissioners aforesaid, or a majority of 
them, shall meet at some convenient place in the neighbor- ^Ym'^eeting!'^ 
hood of that part of the road proposed to be changed, on the 
first Monday of June next, or within six months thereafter; 
and, before entering upon the duties assigned them by this 
act, shall take an oath before some justice of the peace, fliith- Comm'rs' re- 
fully to discharge the duties imposed by this act; and shall poru 
proceed to run, mark, and relocate said road ; and after they 



76 LAWS OF ILLINOIS. 

Com'rs'report shall have completed said work, they shall make out a repor' 

describing said road as relocated, and deliver a copy to th(' 

county commissioners' court of Henry county, where th(^ 

same shall be filed; and the court shall allow said commission! 

Compensa. ers a reasonable compensation for their services. '■ 

Sec. 3. After said commissioners shall have changed thai 

part of said road, it shall be opened and kept in repair, 4 

other roads are. f 

Approved, February 12, 1839. I 



^° fo'"?Q'oo ^'^" ^^ ^^^ ^° authorize the County Commissioners of Bond county to loaci 
14, Itidd. certain funds therein named. ' 

Sec. 1. Be it enacted by the People of the State of Illinois] 
Bond county ''f^'"^^^^^^^ ^"^ ^^^^ General Assembly, That the county commis-! 
may loan its sioners of Bond county may, and they are hereby authorized 
share of ap- to continue to loan the distributive share of the two hundred! 
propriation. thousand dollars to which said county is entitled by virtue oil 
an act, entitled "An act to establish and maintain a general! 
system of internal improvement," approved twenty-seventh 
February, 1837, at such rates of interest as said commission-! 
iSe?^^'"'^ ^^^ ""^^ ^^.^^® "P°"' ^"^ expend the interest only for the ob-! 
ject for which said appropriation was made, until said com- 
missioners find it expedient to expend the principal also. 

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

Approved, February 12, 1839. 



^"[^TsSg^^' ^^ ^^^ *° change an appropriation heretofore made to Clinton county. 

Preamble. Whereas, by an act of the Legislature of this State, entitled 
"An act appropriating a portion of the avails arising from i 
the sale of the Saline lands in Gallatin county, to internal . 
improvements," approved February 16, 1831, the sum of 
one hundred and fifty dollars was appropriated to the county 
of Clinton, to be expended, under the directions of the 
county commissioners' court of said county, in improving 
the St. Louis and Vincennes State road, at or near Beaver 
creek, in said county: which sum has not yet been reahzed 
tioTuTex-" ^y *^^ ^^"""^^ ^^ Clinton, and therefore remains unexpend- 

pended. ed according to the original design of the Legislature; and 

whereas said sum is not now needed to improve said State 
road aforesaid at or near Beaver creek aforesaid: There- 
fore, 

Sec. 1. Be it enacted by the People of the State of Illinoi>^. 
represented in the General Assembly, That the said sum of one 
hundred and fifty dollars appropriated to the county of Chn- 
ton by the above recited act, be, and the sartie is hereby. 



LAWS OF ILLINOIS. 77 

hanged from the St. Louis and Vincennes State road to the 

Itate road leading from Carlyle to Belleville; to be expend- 

d, under the direction of the county commissioners' court of How to be ex- 

/linton, in building a bridge across Shoal creek, at the point pended. 

rhcre the said last mentioned State road crosses said creek. 

Sec. 2. The Auditor of Public Accounts shall, and it is jy^^j of ^ud. 
ereb J made his duty to issue his warrant on the Treasurer Pub. Acc'ts. 
f State, in favor of the county of Clinton, for the sum of 
he hundred and fifty dollars, as aforesaid, whenever called 
Dr by the county commissioners of Clinton, or their au- 
horized agent to receive the same: Provided, That noth- Proviso. 
3g in this act shall be so construed as to require the Auditor 
3 issue his warrant on the Treasurer, until the money con- 
emplated by the aforesaid act is realized from the Saline 
und. 

Approved, February 12, 1839, 



4.N ACT supplemental to an act, entitled "An act to regulate the action ^ . „ , 

of replevin," approved January 29, 1827. 1° laTssS 

Sec. 1. Be it enacted by the People of the State of Illinois, 
epresented in the General Assembly, That whenever any goods 
T chattels shall have been wrongfully distrained, or other- 
nse wrongfully taken, or shall be wrongfully detained, an Action of re- 
.ction of replevin may be brought for the recovery thereof, plevin. 
ly the owner or person entitled to the possession thereof. 

Sec. 2. No action of replevin shall be [lie] at the suit of the 
lefendant, in any execution or attachment to recover goods 
ir chattels seized by virtue thereof, unless such goods and 
:hattels are exempted, by law, from such execution or 
ittachment; nor shall an action of replevin lie for such goods 
md chattels at the suit of any other person, unless he shall, 
it the time, have a right to reduce into his his, her, or their 
)ossession, the goods taken. 

Sec. 3. The person or persons bringing such action, or 
ome one in his, her or their behalf, shall, before any writ 
hall issue, make oath or affirmation before the clerk of the Person to take 
'ircuit court, or any justice of the peace of the proper county, °^'^^- 
hat the plaintiff in such action is the owner of the property 
iescribed in the writ about to be replevied, or that he is then 
awfully entitled to the possession thereof; and that the same 
las not been taken for any tax, assessment, or fine, levied by 
artue of any law of this State; nor seized under any execu- 
;ion or attachment against the goods and chattels of such 
plaintiff, liable to execution or attachment. This act to take 
iffect and be in force from and after its passage. 

Approved, February 12, 1839. 



lyg LAWS OF ILLINOIS. 

In force Feb AN ACT to authorize Benjamin McKay, and others, to lay off additionalli 
g 1839_ ■ lots in the town of Stephenson, in Rock Island county. [\ 

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

Additional r/ presented in the General Assembly, That Benjamin McKay,!' 

lots may be Jonah H. Case, and John W. Spencer, be, and they are here-; 

lown of'st?-^ by, authorized to make and lay off lols of convenient size,, 

phenson. corresponding in tiie width of their fronts with the other lots; 

I on the bank of the Mississippi river, beginning at the point 

where Eagle street, in the town of Stephenson, in Rock; 

Island county, strikes said river; thence up and along the bank; 

of said river as far as their land extends, leaving correspond. 

ing width for the several streets already laid oil to pass to the; 

Proviso. river: Provided, Thr t the width of Water street shall, at nb,j 

point, be less than seventy-five feet throughout their said addi-| 

tion; and the plat of the lots so laid off shall be recorded as;| 

^ other town plats. This act to take effect and be in force! 

from and after its passage. 

Approved, February 6, 1839. , 



In force Dec. AN ACT to amend an act to change the name of Watson James Filley. ; 

4, isas. _ I 

Preamble Whereas Matthew Cyrus presented his petition to this Ge-j 
neral Assembly, at its last session, stating that he had adopt- 
W.J. Filey'3 ed Watson James Filley as a son, and asking a change of 
name changed the name ot the said Filley to that of Cyrus, and also ask- 
Se-es""™'" ing tbat the said Filley be constituted one of the legal heirs 
" ' of said Cyrus, and be thereby entitled to an equal distribu- 

tion of his estate with the other children of said Cyrus^ 
upon which petition an act was passed changing the name' 
of sidd Filley, and said Cyrus has again petitioned that 
said Filley be declared one of his heirs, as aforesaid: 
Therefore, 

Sec. 1. Be it enacted by the People of the State of llhnois,\ 
represented in the General Assembly, That the said Watson! 
James Filley Cyrus shall be deemed and considered as one 
of the heirs at law of the said Matthew Cyrus. 

Cerldficate of This bill having been laid before the Council of Revision, and ten dayS; 

Sec. State. not having intervened before the adjournment of the General Assembly,; 

and the said bill not having been returned,with the objections of the Coun-j 

cil, on the first day of the present session of the General Assembly, the| 

same has become a lavr. ' 

Given under my hand, the fourth day of December, 1 W«. 

•' A P. FIELD, Secretary oj State. 



I 



LAWS OF ILLINOIS. 79 

AN ACT for the benefit of a person therein named. In force, Dec. 

4, 1838. 
I Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the bands of matri- 
mony now existing between Julia Ann Hull and her husband •^•-'^•P"^^'^^^* 
Jeremiah Hull, of Clinton county, Illinois, be, and the same u'j'atrimony. 
are hereby, dissolved : and the said Julia Ann shall hereafter Future name, 
bear the name of Carrigan. 

This.bill having been laid before the Conncil of Revision, and ten days Certificate of 
not having: intervened before the adjournment of the General Assembly, and Sec. State, 
the said bill not having been returned, with the objections of the Council, 
on the first day of the present session of the General Assembly, the same 
has become a law. 

Given under my hand, the fourth day of December, 1838. 

A. P, FIELD, Secretary of Slate. 



AN ACT to prohibit the circulation of bank notes of a less denomination In force, Dec. 
than five dollars. 4, 1838. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That from and after the 
first day of September next, no person or persons shall be No person al. 
pi^mitted to utter or pass in this State, as or in lieu of money, '^^^^ to issue 
any bank bill or note, made or issued by any banking institu- fivrdollars.^'^ 
tion, or purporting to have been made or issued by any bank- 
ing institution, of a less denomination, or for a less sum than five 
dollars; and each and every person or persons offending herein, 
shall forfeit and pay the sum of five dollars for every offence ; pg^g^j^^ j-^j. g^ 
which may be recovered, with cost of suit, by action of debt,, doing, 
or assumpsit, before any justice of the peace, by any person 
who will sue for the same: Provided, The provisions of this Proviso, 
act shall not apply to the uttering or passing of any bank bill 
or note, issued by any hanking institution in this State author- 
ized by its charter to make, utter, or issue, bills or notes of a 
less denomination than five dollars. 

Sec. 2. That any person or persons who shall use or lend 
any bill or note of any bank within the provisions of the first 
section of this act, for a less denomination than five dollars, and 
who shall take obligations in writing, or verbal promise, for the 
re-payment thereof, of any note or bill of the charter [charac- 
ter] and description aforesaid, loaned as aforesaid, shall not be Such notes not 
permitted to collect the same; and it shall be competent for callec table, 
the defendant, in any suit brought for the collection thereof, to 
plead that the obligation in writing, or verbal promise, was 
made and executed or given for and in consideration of notes 
and bills of a less denomination than five dollars, made, ut- 
tered, and issued by incorporated companies, or by banking 
institutions, other than those excepted in the proviso to the 
first section of this act; which plea, when so made, shall be 
deemed good in law: and the plea so pleaded shall be deem- 
ed a bar to the action. 



80 LA.WS OF ILLINOIS, 

Sec. 3. If any person or persons shall utter or pass, as or 
m lieu of money, any note or bill issued and published by 
any joint stock or other company not incorporated, or pur- 
porting to have been so issued or published; such person or 
persons shall not be permitted to collect any demands arising 
therefrom: and the plea allowed in the second section of this 
Pleain barofg^^.j.^ shall be taken and allowed a good and sufficient plea, in 
eman ,goo . ^^^ ^^ ^^^ ^^^j_^ demand ; and such person or persons so ut- 
tering or passing notes or bills issued and published as afore- 
said, shall be deemed and considered swindlers; and shall be 
Liability of liable to indictment as such; and, upon conviction, shall be 
issuing. fined, in any sum not less than one hundred dollars, nor more 

than one thousand dollars, for each offence. 

p ./. f This bill having been laid before the Council of Revision, and ten days 

^ ■* ^ ° not having intervened before the adjournment of the General Assembly, 
and the said bill not having been returned, with the objections of the Coun- 
cil, on the first day of the present session of the General Assembly, the 
same has become a law. 
Given under my hand, the fourth day of December, 1838. 

A. P. FIELD, Secretary of State. 



Sec. State. 



In force Dec, AN ACT for the relief of Mary Evans. 

4, 1838. 

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

Mary Evans represented in the General Assembly, That Mary Evans, of the 

landr,^*^^ county of Washington, ifi the State of Virginia, be, and she 

is hereby authorized and empowered to sell and convey, on 

the best terms she may be able to do, the following tract of 

land, situated in the county of Fayette, Illinois, viz: The 

Description of ^^"^^east quarter, southeast [quarter] section number seven, 

lands. township number six north, range one west: containing forty 

acres. 

Certificate of This bill having been laid before the Council of Revision, and ten days 
Sec. State. not having intervened before the adjournment of the General Assembly, 
and the said bill not having been returned, with the objections of the Coun- 
cil, on the first diiy of the present session of the General Assembly, the 
same has become a law. 

Given under my hand, the fourth day of December, 1838. 

A. P. FIELD, Secretary of Slate. 



In force, Dec, AN ACT for the purposes therein mentioned. 

4, 1838. ^ 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sub-division of 
block number thirty, in section sixteen, or school section, in 
township thirty-nine north, of range fourteen east of the third 
principal meridian, and the plat thereof, as made and record- 
ed in the office of the recorder of Cook county, by one Rus- 
Plat vacated, sell E. Hecock, be, and the same are hereby made null and 



LAWS OF ILLINOIS. 81 

void; and that the subsequent sub-division of the premises 
aforesaid, and the plat thereof, as made and recorded in the 
office of the recorder of the county of Cook, State of IlUnois, pjatinfuU 
by one Francis G. Blanchard, be, and the same are hereby, force, 
declared to be in full force and virtue. 

Sec. 2. This act to take etFect and be in force from and 
after its passage. 

This bill having been laid before the Council of Revision, and ten days Certificate of 
not having intervened before the adjournment of the General Assembly, g^^ State 
and the said bill not having been returned, with the objections of the Coun- 
cil, on the first day of the present session of the General Assembly, the 
same has become a law. 

Given under my hand, the fourth day of December, 1838. 

A. P. FIELD, Secretary of State. 



AN ACT to change the name of the town of Fairfield, in Adams county. In force, Feb. 

12, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented the General Assembly, That the name of the town Name of town 
of Fairfield, in the county of Adams, be, and the same is changed, 
hereby, changed; and hereafter said tow^n shall be known and 
called by the nam^j of Mendon. 

Approved, February 12, 1839. 



AN ACT to provide for certain improvements in Pike county. if. f h 

9, 1839. 

Sec. 1. Be it enacted 6y the People of the Slate of Illinois, 
r presented in the Gzneral Assembly, That the amount to which Am'tdue Pike 
the county of Pika is or may be entitled, under the provisions ?°-*° J^"*^*" 
of the 18Lh section of the "Act to establish and maintain -aject toorder'- 
gcneral system of internal improvements," shall remain in'ofcom'rs. 
bank, and be entered to the credit of Pike county, to be 
drawn upon the ordar of the county commissioners of said 
county, as hereinafter provided. 

Sec. 2. That for the purpose of promoting the works of 
internal improvement contemplated by this act, the said coun- Co. divided in- 
ty is hereby divided into districts, as follows: All that part of '» districts, 
said county lying north of the road leading from Augusta to ^ ^^ "° 
Burnett's ferry, on the Mississippi river, and east of the range 
line between townships four and five west, shall compose the 
first district, and George W. Hinman is hereby appointed Com'r. 
commissioner of the same; and all that part of said county gj jiigt^ct. 
north of said road, and west of said range line, shall compose 
the second district, and Mishal Guard is hereby appointed Com'r. 
commissioner of the same; and all that part of said county 3d district, 
lying south of said road, and east of the range line between 
three and four west, shall compose the third district, and 
that Charles M'Evans be commissioner of the same: and all Com'r. 



5th district 
Com'r. 



82 LAWS OF ILLINOIS. 

4th district, that part of said county south of said road, and west of the 
last mentioned range Hne, shall compose the fourth district, 
Corai'r. and that David Hubbard be commissioner of the same. 

Sec. 3. The road from Augusta, via Pitt&tield, New Hart- 
ford and Atlas, to Burnett's ferry, on the Jilississippi river, shall 
compose the fifth district, and J udson Clement shall be com- 
missioner of the same. 
Money, how Sec. 4. That the amount of money due said county as afore- 
expended. g^id shall be apportioned tmd economically expended on the 
following works of improvements, to wit: l*"ive hundred dol- 
lars on the road irom jperry to the Illinois liver; four hundred 
dollars on the load from Griggsville to Adams county hne; 
live hundred dollars on the road from Worcester, via New 
' Canton, to Piketon, on the Mississippi river; one thousand 

dollars on the road from Calhoun county line, where the 
road to Clarksville intersects the same, via Fail Held, Mar- 
tinsburg, to Fittstield; five hundred dollars on the road ironi 
Montezuma, via Milton, to Pittsfield; five hundred dollars 
on the road from Pittsfield to Adams county line, in the direc- 
tion of Fayson's; five hundred dollars on the road from Rock- 
port, via Pleasant Vaie and Kindcrhook, to Adams county 
line; six hundred dollars from Rockport to Calhoun county 
line, under the blulf; three hundred dollars from Seely's 
bridge, on the road to Galaway's residence; two hundred 
dollars on the road from Bay creek to Calhoun county line, 
on the load to Beaman's ferry; five hundred dollars on the 
road irom Montezuma to Seely's; three hundred dollars on the 
road from Perry to where it intersects the road from Griggs- 
ville to Pittsfield; four hundred dolkirs on the road irom 
Griggsville to Naples; five hundred dollars on the road from 
Pearl prairie, via t'ranklin, Milton, to Griggsville; four hun- 
dred dollars on the road from Griggsville, via Worcester, to 
Kinderhook; two hundred dollars on the road from Perry to 
Adams county line; five hundred dollars on the road fi-om 
Philips' ferry, via Griggsville, to Pittsfield; five hundred dol- 
lars on the road from Schuyler county line, through South 
prairie, to Pittsfield; two hundred dollars on the road lead- 
ing from Button's via Washington, till it intersects the road 
leading from Pittsfield to Worcester; five hundred dollars to 
the improvement of the navigation of M'Kee's creek, as far 
up as Chambersburgh, and that B. B. Mitts be commissioner ' 
to superintend said work. 
$3,000 to Sec. 5. That the sum of two thousand dollars is hereby 

court house, appropriated towards finishing the court house of said county, 
Co. com'rs to and that the county commissioners are hereby required to 
draw on bank. Jvaw their order on the Bank for sa.id amount, and cause the 

same to be paid to the contractor of said court house. 

Balance ap- ^EC. 6. The residue and remainder of the appropriation 

propriated. which may be due the county of Pike, be, and the same is 

hereby, appropriated to the improvement of the road leading 

from Augusta to Bujnett's ferry, on the Mississippi river, to 



LAWS OF ILLINOIS. 83 



.be expended under the direction of the commissioner of the 
fifth district. 

Sec. 7. The countj commissioners shall apportion to the Appo.rtion- 
four first named districts such portions of the several appro- ^gJ^J^g^'^J^J*^ 
priations on the roads in said districts as they may deem prac- 
ticable, having due regard to the length and conditions of the 
roads, and importance of the same, so that all the appropria- 
tions shall be expended on the roads as heretofore specified. 

Sec. 8. Each commissioner appointed by the provisions of 
this act, before entering upon the duties assigned him, shall com'rs to 
enter into bond, with good securities, in such sum as may be give bond. 
determined upon by said court, conditioned that they will 
faithfully and honestly discharge their duties under this act, 
by prosecuting the several objects of improvement given to 
their charge, with economy and strict regard to the pubHc in- 
terests, and that they will apply all moneys which may come i 
into their hands^agrecable to the provisions of this act; which g^^j ^^ ^^ 
bond shall be approved of by said court and filed in the oflice approved by 
of the clerk. court. 

Sec. 9. The county commissioners may draw fi-om the bank 
one-fourth part of said appropriations, and-a.pportion the same One-fourth 
to each commissioner as aforesaid ; and whenever said com- part to be 
missioner shall expend the same, and certify under Oath that ^'^^^"• 
he has made a faithful application of the amount received by 
him, tiien the said county commissioners shall draw and pay over 
another fourth part of the said appropriation as aforesaid, and so ^^"'"^^ part^ 
on alternately until the whole amount shall be expended. nately. ' 

Sec. 10. Whenever any vacancy shall happen in either Vacancy, how 
of said districts by any of the commissioners refusing to act, fi^ed. 
or by death or otherwise, it shall be the duty of said court to 
appoint some suitable person to fill such vacancy, who shall 
enter into bond as aforesaid. Each commissioner appointed 
under the provisions of this act shall be entitled to two dol- Pay of com'rs 
lars and fifty cents per day for every day's service actually 
performed, to be deducted from the appropriation made to 
their respective districts: Provided, The county commission- pj-g^jgo 
ers of said county may appropriate an. additional sum of three 
hundred dollars on the road from Schuyler county, near Simon 
Taylor's, via Henman's, to Pittsfield, 

Approved, February 9, 1839. 



AN ACT to change a certain State road in Morgan county. In force, Feb. 

y, lody. 

Sec. 4. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Jacob Barton, Wil- , 

liam French, and Garrison W. Berry, be, and they are here- 
by, appointed commissioners to review and relocate a part of Torevievir 
the State road leading from Jacksonville to Naples. 



84 , LAWS OF ILLINOIS. 

Time and Sec. 2. Said commissioners, or any two of them, shall 

place of meet- meet in the town of Jacksonville, on the first Monday in April 
To be sworn ^Gxt, or some day thereafter, and alter having been duly sworn 
by some justice of the peace, to the faithful discharge of their 
duty as required in this act, shall proceed to review and re- 
Boundaries of locate said State road as follows, to wit: Beginning at the 
read. northwest corner of Mr. Post's fence, and running the old 

road until it strikes the half sectional hne of section nineteen; 
thence following that line forty rods, and thence running in a 
west direction until it intersects the present road near Mr, 
Smith's, and meets the road opened by Catlin and Duncan, 
on the west line of the east half of the southwest quarter of 
section twenty-four, township fifteen north, range eleven 
west, of the third principal meridian. 

Sec. 3. After said commissioners shall have located said 
road, as provided for in the foregoing section, they shall make 
Map &. state- ^ "^^P ^f the same, and also a written statement of the loca- 
ment to be re- tion, showing the changes made from the present travelled 
turned. route, and return said map and w^ritten statement to tlie clerk 

of the county commissioners' court of Morgan county, which 
shall be filed and preserved by said clerk. Said road, when so 
located, shall be and remain a State road, and shall be open- 
ed and kept in repair as other State roads are. 
Parts vacated. Sec. 4. All parts of the present road that are changed by 
said commissioners shall, after the relocation and opening of 
said new location, be vacated. 

Sec. 5. Said commissioners shall receive, out of the county 
Pay ofcom'rs. treasury of Morgan county, two dollars per day as a compen- 
sation for their services. This act to be in force from and af- 
ter its passage. 

Approved, February 9, 1839. 



In force Feb AN ACT in relation to the records of Johnson county. 

12, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Aesemhly^ That the county commis- 
sioners' court of Johnson county, be, and they are hereby, au- 
Powers of CO. thorized to contract with the recorder of deeds for said coun- 
com're. . ty of Johnson, for the transcribing, into suitable books, all 
deeds and other instruments of writing heretofore recorded 
in said recorder's oflice, and that they be allowed to pay the 
said recorder a reasonable compensation therefor out of the 
funds of said county. 

Sec. 2. This act to take effect from and after its passage. 
Approved, February 12, 1839. 



I 



LAWS OF ILLINOIS. 85 

AN ACT to legalize the acts of John Simpson, a Justice of the Peace in in force, Feb. 
Johnson county. jo 1839. 

Whereas John Simpson was commissioned a justice of the Preamble, 
peace in and for the county of Johnson, on the 26th of 
August, 1835, for the next four years, and from the date of 
said commission the said John Simpson continued to exe- 
cute and perform the duties of that office for said county, 
until his resignation of said office; but the said John Simp- 
son being sworn into office by a justice of the peace, viz: 
John N. Colbert, of said county, instead of being sworn 
into office by the clerk of the county commissioners' court, 
as is required by the sixth section of "An act declaring what 
shall be evidence in certain cases," approved January 10, 
1827: Now, therefore. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all and singular the 
acts of the said John Simpson, as such justice of the peace, 
be, and they are hereby, declared legal and binding to all in- Proceedinga 
tents and purposes, either at law or in equity, as if the said declared legal 
John Simpson had been sworn into office as the law requires. 
This act to be in force from and after its passage. 
Approved, February 12, 1839. 



AN ACT for the relief of the inhabitants of township numbered two south, In force, Feb. 
range eight east, in Wayne county. 9, 1839. 

Whereas the trustees of school lands in township numbered Preamble. ^ 
two south, range numbered eight east, in Wayne county. 
State of Illinois, did, under the school laws of said State, 
survey, divide, and sub-divide, section numbered sixteen, 
in said township, and value the same, which said valuation, • 
together with the plat, has been duly returned to the office 
of school commissioner and agent for the inhabitants of said 
county: and whereas the said land was valued too high, as 
appears from the fact that it did not sell when offered at 
public sale ; nor did it sell at private sale : Therefore, 
Sec. L Be it enacted by the People of the State of Illiiiois, 
represented in the General Assembly, That so much of the acts 
of the said trustees as relates to the valuation of the said 
land be, and the same is hereby, rescinded; and the said Acts rescind- 
trustees, or their successors in office, be, and they are hereby, ^ ' 
authorized and required to revalue said land, and report to the Lands to be 
school commissioner and agent for the inhabitants of said coun- ^^^^ "® ' 
ty, as though there had been no valuation ; and said school 
commissioner shall proceed to advertise and offer for sale as To Bell. 
by law directed in other cases. 
Approved, February 9, 1839. 



8g LAWS OF ILLINOIS. 

In force Feb. -"^^ ACT to change an appropriation made to the county of Lawrence. 
12, 1839.' " 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly^ That the county commis- 
sioners of the county of I^awrence be, and they are hereby, 
Appropria- authorized and required to expend the sum of three hundred 
tion, how ex 'dollars heretofore appropriated to said county by an act, enti- 
pended. ^j„j uAn act relating to tlie Gallatin Saline and the land be- 

longing to the same," approved January 16, 183G, in the im- 
provement or construction of roads and bridges in said county,, 
any law to the contrary notwithstanding. ,, .. 

Approved, February 19, 1839. I 



In force, Feb. AN ACT in relation to garnishees. 

12, 1839. 

Sec. I. Be it enacted by the People of the Statr. of Illinais^y 
represented in the Genet al Assembly.) That whenever a judg- 

i ' ment has heretofore been rendered by any court of record, or 

I shall hereafter be rendered by any court of record, or any jus- 

tice of the peace, in this State, and an execution against the 
defendfint or defendants in said judgment shall have been re- 
turned by the proper officer, "no property found," on the affi- 
davit of the plaintiff, or other credible person, being made be- 
fore the clerk of said court orjustice of the peace, that said 
defendant or defendanis have no property within the knowl- 
edge of such affiant, in his or their possession, liable to execu- 
tion; and that such affiant hath just reason to believe that an- 
other person or persons is or are indebted to such defendant 
or defendants, or hath or have any effects or estate of such 
defendant or defendants in his or their hands, it shall be law- 
ful for said court, orjustice of the peace, to cause the person 
or persons supposed to be indebted to, or supposed to have 
any of the effects or estate of, the said defendant or defend- 
ants, to be summoned forthwith to appear before said court or 

Garnishee, justice, as a garnishee or ga,rnishees; and said court, or 
justice of the peace, shall examme and proceed against such 
garnishee or garnishees, in the same manner as is required by 
law agt},inst garnishees in original attachments. 

Sec. 9. No proceedings against a garnishee or garnishees 
shall be quashed or set aside, or said garnishee or garnishees 
discharged, on account of any insufficiency of the original affi- 
davit or summons, if the plaintiff or plaintiffs, or other credi- 

Affidavit to be ble person, for him, shall cause a legal and sufficient eiffidavit to 

^^ be filed, or the summons to be amended in such time and man- 

ner as the courts, or justices of the peace, shall respectively in 
their discretion direct; and in that event, the cause shall pro- 
ceed as if such proceedings had originally been sufficient. 
Appiio\t:d, February 12, 1839. 



LAWS OF ILLINOIS. ,f" 87 

AN ACT to amend "An act concermns; Justices of the Peace and Consta- j^ fQppp pgj, 
bles," approved February -3, ]8'3r. J2 1839 

Sec. 1. Be it cnactc! hy the People of the Stitc of Illinois^ 
represented in the General Jlssemblt/, That from and after tl^e 
passag^ of this act, it shall not be lawful for any justice of the Restriction oh 
peace, without th.e consent of all the parties to any suit pend- justices peace. 
ing before him, to order a trial by jury, unless such trial shall 
be demanded before either of the parties shall have offered 
any evidence in support or defence of any such suit, nor unless 
the party demanding such trial by jury shall first pay the fees 
to which the jurors trying the same shall be entitled. 

Approved, February 12, 1839. 



AN ACT to relocate part of a State road in Franklin county. In force Feb. 

12, 1839. 
Sec. 1. Be ii enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That Annanias Elkins, 
Joseph Moore, and James Dillon, be, and they are hereby, . . 

appointed commissioners to review, mark, and relocate, so ers°appoiTited' 
much of the State road leading from New Nashville, in Wash- to review and 
ington county, to Equality, in Gallatin county, as lies between i'<3locate part 
the head of th« Goose pond, in Franklin county, and Aza- ° '^^^ ^°^ ' 
riali Whitington's, in said county. 

Sec. 2. The said commissioners, or a majority of them, 
shall meet at the office of James Akins, Esq., on the first Time & place 
Monday in May next, or within thirty days thereafter; and af- of meeting. 
ter being duly sworn by said Akins, or some other justice of 
the peace, shall proceed to review, mark, and relocate said 
road as aforesaid, having due regard to the public convenience 
and the best ground, doing as little injury as possible to pri- 
vate property. 

Sec. 3. The said commissioners shall, as soon as practica- 
ble after discharging the duties requiied by this act, return a 
plat of their survey and location to the county court of fat to be 
Franklin, which shall be filed by the clerk of said court as a ^'®'^- 
part of the record of said court; and the county commission- 
ers of said county shall pay said commissioners, out of the 
county treasury of said county, two dollars per day for each 
day necessarily employed in performing the duties required of 
them as aforesaid ; and the county commissioners' court of said 
county of Franklin shall cause said road to be opened and 
kept in repair as other State roads are. 
Approved, February 12, 1839. 



88 LAWS OF ILLINOIS. 

In force, Feb. AN ACT appointing an additional Notary Public for the county of Han- 
12, 1839. cock. 

Sec, 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That it shall be the duty 
of the Governor, by and with the advice and consent ol the 
Notary public Senate, to appoint one notary public in the town of "War- 
to be appoint- saw, in Hancock county, whose duties and term of service 
^ ■ shall be the same as are now prescribed and required by law, 

any law to the contrary notwithstanding. 
Approved, February 12, 1839. 



In force, feb. AN ACT making an appropriation to enclose the graves of deceased State 
12,1839. officers, in the town of Vandalia. 

Preamble. Whereas it has pleased Divine Providence to call from ex- 
istence certain individuals, whilst absent from their families 
and homes, in the discharge of their official duties as mem- 
bers of the General Assembly of the State of Illinois: 
Therefore, 

Sec. 1. Be it enacted by the People nf the State of Illinois, 
represented in the General Assembly, That Robert Blackwell 
Authority of be, and he is hereby, authorized to enclose with a good sub- 
R. Blackwell. stantial paling fence, and to paint the same, the graves of 
Deceased William McHenry, Benjamin A. Clark, John Thompson, J. 
members.: ^ j^ (.^^^^j^ ^^^ Alexander F. Grant, in the town of Vanda- 
lia; and to procure and have placed at the head and foot of 
Tombstones, each of the graves above mentioned, tomb stones; and to 
have engraved, on the stone placed at the head, the name of 
the person at whose grave it stands, with the description of 
the office the same may have held, as Senator, Representative, 
or Judge, as the case may have been, the date of the deatli, 
and age. 
Account to be ^^C' 2. The said Robert Blackwell shall keep an account 
kept and pre- of the cost of the fencing and stones described in the first sec- 
sentedtoAud. ^j^jj ^f ^jjjg ^(.j-^ g^j^^j present the same to the Auditor of Pub- 
lic Accounts, who is hereby authorized to draw his warrant on 
the treasurer, in favor of said Robert Blackwell, for the amount 
Proviso. of said account: Pror/r/erf, Said account shall not exceed the 

sum of two hundred dollars. 
Approved, February 12, 1839. 



LAWS OF ILLINOIS. 89 

AN ACT further to amend the act, entitled "An act to establish and In force, Mar. 
maintain a General System of Internal Improvements." 1, 1839. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the 27th section of 
the act, to which this is an amendment, shall be so construed Section of act 
as to authorize the owner or owners of lands, waters, or mate- construed, 
rials, which shall have been taken for the purpose of any of 
the public works mentioned in said act, to have redress and Redress for 
remuneration for the injuries or supposed injury, on his, her,injurfes. 
or their application in the manner prescribed, and under the 
provisions of "An act concerning the right of way, and for 
other purposes," approved February 28, 1833. 

Sec. 2. It shall be the duty of the Fund Commissioners Duty of Fund 
to purchase and furnish the iron, machinery, and other mate- ™'"' 
rials for the use of the public works of the State, upon the 
requisition of the Board of Public Works, whose duty it shall 
be to furnish the Fund Commissioners with orders, from time 
^o time, of the quantity, quality, character, and description 
of the iron, machinery, and other materials required; and 
upon the receipt of any such iron, machinery, and materials, 
the said Board of Public Works shall furnish vouchers theie- 
for to the said Fund Commissioners, and shall moreover 
charge each particular work under their management with 
the quantity of any such iron, machinery, or materials used 
thereon. 

Sec. 3. It shall be the duty of the Fund Commissioners to Further duty, 
keep duplicate accounts and vouchers for all costs of pur- Duplicate 
chase and transportation of any iron, machinery, or mate- ^'^''°"°*^' 
rials, or of any other expenditure; one of which duplicate 
accounts and vouchers shall be filed in their office, and the 
other duplicate of said at:counts and vouchers in the office of 
the Board of Public Works; and the Board of Public Works 
shall also furnish duplicate accounts and vouchers of all 
moneys expended by them; one copy of which shall be left 
at their office, and the other copy at the office of the Fund 
Commissioners. 

Sec 4. It shall be the duty of the Fund Commissioners inventory of 
and of the Board of Public Works, respectively, to keep a property, 
just and true inventory of all property, real or personal, 
which may be purchased for the use of the State, including 
instruments, and all other articles; and it shall be the duty 
of each of said Boards to account for all such property, by 
evidence of loss or destruction, or by delivering the same, or 
the proceeds thereof, to the State. 

Sec 5. The Fund Commissioners shall not hereafter allow vouchers for 
any credit to any Commissioner of the Board of Public credit to 
Works, unless the voucher, upon which such credit is al-^^J^J^^^"^- 
lowed, shall specify the particular work upon which the 
money paid by such Commissioner was expended, and the use 
or purpose of such expenditure. 



90 



LAWS OF ILLINOIS. 



Separate 
accounts. 



Lettings. 
Proviso. 



Com'rs not to 
have above 
10,000. 
Lateral 
branch. 



Special drafts. 



Lateral br'nch 
of Alton and 
Shelby ville 
road. 



$150,000 to 
improvement 
of Little Wa- 
bash. 



$50,000_to 
Rock river. 



Sec. repealed 



View ro price 
of labor. 



Sec. (). That the Board of Public Works shall open and 
keep an account with each object of appropriation in such a 
manner as to show the items of expenditure upon each work 
under its charge, and shall alro keep a distinct and accurate 
account of all expenditures at and for the Central office, in. 
eluding all incidental and necessary expenses for the same, 
specifying each item of expenditure. 

Sec. 7. No lettings shall, at any time, be made without 
the order of the Board: Provided^ always, That any two Com- 
missioners may relet any contract which shall be declared 
abandoned or forfeited. 

Sec. 8. No Commissioner of Public Works shall have, at 
any time, more than ten thousand dollars in his hands. 

Sec. 9. Hereafter, no lateral branch road of any main 
line shall be constructed by the Board of Public Works, until 
provision shall be made therefor by the General Assembly. 

Sec. 10. The Commissioners of the Board of Public Works 
may draw special drafts, for any sum exceeding five hundred 
dollars, in tlie manner and under the restrictions set forth in 
the twenty-fifth section of the ^'Acl to establish and main- 
tain a general system of internal improvements." 

Sec. U. The Board of Commissioners of Public Works 
are hereby authorized to locate and construct a lateral branch 
railroad of the Alton, Hillsborough, and Shelbyville railroad, 
from some eligible point on the said railroad, between Upper 
Alton and Hillsborough, to Carlinville, in Macoupin county; 
and the aforesaid railroad west of Shelbyville, and the Central 
railroad, shall be combined in one line, to such extent as the 
nature of the county [country] will admit of a judicious 
location of both lines together. 

Sec 12. The sum of one hundred and fifty thousand dol- 
lars is hereby appropriated to the improvement of the navi- 
gation of the Little Wabash river, in addition to the sum 
heretofore appropriated; and the Fund Commissioners are 
hereby requiied to furnish the funds for the same. And 
there is hereby appropriated the sum of fifty thousand dol- 
lars, in addition to the sum heretofore appropriated, for the 
improvement of Rock river. 

Sec. 13. That the forty-fifth section of the "Act to estab- 
lish and maintain a general system of internal improve- 
ments," be and the same is hereby repealed. 

Sec. 14. The Commissioners of Public Works, in all fu- 
ture lettings, shall have a general view to the price of labor 
and cost of provisions in the State, and shall so conduct their 
operations as to best advance the interests of the State and 
piomote the progress of the works under their charge; and, 
generally, to proceed with a view to accommodate the ac- 
tual wants of the community and the ability of the State. 



tor. 

One to Trea- 



LAWS OF ILLINOIS, 91 

Sec. 15. It shall be the duty of the Fund Commissioners, Fund Com'rs 
withm ten days after selling and delivering any bonds orcer-^fter the sale 
tificatcs of internal improvement stock, to make out tripli- jjjj^],g t^jpji. ' 
cate statements of the number and amount of bonds or certifi- cate state- 
cates of stock so executed by them on the part of the State, to ments. 
whom delivered, the amounts of premiums received thereon, 
the rates of interest agreed to be paid, and the time at which 
the principal of such bonds is reimbursable; and shall forth- 
with transmil one of said statements to the Auditor of Public One to Audi- 
Accounts, and one to the Treasurer, to be by them registered 
(of record) in their respective offices; and the remaining ^"ei. 
statement shall be preserved by the said Commissioners, to 
be handed over in person to the said Auditor of State, in case 
of the non-reception of the statement theretofore transmitted 
by mail. 

Sec. 16. In all cases where the State bonds or certificates Sec. of State 
of loans for any purpose are required, by law, to have thereon ^^^|^ ^^^ 
the impress of the great seal of the State, the Secretary^' 
of State shall, and it is hereby made his duty to put the 
same thereon, without delay and without charge for the 
same. 

Sec. 17. The Board of Commissioners of Public Works Board may 
shall have power to remove their Secretary from office for Remove their 

if • • r J i • ■/ J. r J.U Seretary. 

any neglect or omission ot duty, incapacity to periorm the 

same, or want of faithfulness therein, and shall spread the 
causes of such removal at large on their journal. No Sec- 
retary of the Board shall be elected for a longer time than 
two years, but may be re-elected at the pleasure of the 
Board. 

Sec. 18. In cases of difference of opinion, the Board shall Yeas and 
cause the ayes and noes to be entered on their journal, on all ^^^ ^°^^ ^^' 
questions involving the appointment and removal of officers, ^^^ ^'^^ 
the location of routes, the orders for letting contracts, and the 
expenditures of money. 

Sec 19. All the lands and public works of this State shall Lands and 
be exempt from taxation for State, county, corporation, or ^^"J^^p" f^.^'^® 
other taxes. tax. 

Sec 20. The Board of Public Works may, when they 
deem it expedient so to do, order town plats to be laid out 
and recorded, by the several acting Commissioners, on lands 
belonging to the State, at such suitable points as they may 
deem the best interest of the State to require, and to make 
sale of a portion of the lots therein, on such terms and under 
such restrictions and limitations as the Board may adopt; 
but, in all cases, the lots shall be valued, under oath, by two 
of the Commissioners of Public Works, previous to sale, and 
shall be sold at public sale, at a price not less than such 
valuation. 

Sec 21. It shall be the duty of the Board of Public j^.^^^ ^^^ 
Works, and of the acting Commissioners in charge of any provementa. 
river improvements, to prosecute the same promptly, and 



92 LAWS OF ILLINOIS. 

without delay, at all times, whenever the stage of water in 
the rivers will admit thereof. 
Copy of all Sj£c. 22. The Commissioners of Public Works shall fur- 

contract3to nish to the Fund Commissioners a copy of all contracts 
Fund Com'rs. e^t^j-ed into by the Board of Public Works, within sixty days 
after the signing of such contract. ]\o contract, made with- 
out the notice required by law, shall be binding on the State; 
nor shall any contract, made without such notice, be regarded 
Proviso. by the lioard of Public Works: Provided^ That this shall not 

be so construed to apply to the reletting of contracts. 
Lands entered Sec. 23. Any lands purchased or entered by any Com- 
chargeable to jjiissioner of Public Works, under the provisions of the 
^'^^ ' twenty-seventh section of the "Act to establish and maintain 

a general system of internal improvements," shall be charged 
to the particular work for the benefit of which l^e same may 
have been entt-red or purchased. 
Removal of Sec. 24. Any Commissioner of the Board of Public 
office" ^"""^ Works, who shall hereafter fail or refuse to account for any 
and all public moneys in his hands, or who shall be guilty of 
any palpable omission of duty, or of want of proper attention 
to his duty, or if, from his inability in any way, the interest 
of the State is evidently suffering, the Commissioners of the 
Board of Public Works shall lay the facts before the Gover- 
nor, who, on a full hearing and examination of the case, may 
remove such Commissioner, and appoint another in his place, 
who shall hold his office until the end of the next session of 
the General Assembly. 
When consid- gEC. 25. If any Commissioner of the Board of Public 
embezzle-^ ° Works, or any Fund Commissioner, shall loan, or otherwise 
ment, convert to his own private use, any of the public funds 

coming into his hands as Commissioner, he shall be judged 
guilty of embezzlement, and, on conviction thereof, shall be 
punished as in other cases of embezzlement. 
Strict econo- Sec. 26. The Board of Public Works, in its organization 
myiaengi- of the engineer department of the public works, shall con- 
mTnt ^^^^^' suit the strictest economy consistent with an efficient and 
correct prosecution of the several works in progress, and shall 
require, of each and every person in their employ, the 
most rigid accountability in the discharge of their respective 
duties; and shall hear and promptly investigate all charges 
and complaints against any such persons, for neglect of du- 
ties, or otherwise. 
Fixed com- Sec. 27. Each and every person in the service of said 
pensation of jgo^rd, or of^any acting Commissioner, employed by the day, 
month, year, or otherwise, as agent, engineer, superin- 
tendent, or in any other capacity, shall receive a fixed and 
certain compensation for his services, and shall not be 
allowed any sum beyond such fixed compensation for his 
personal, contingent, or other expenses, under any name or 
pretence whatever; nor shall any such person be paid for 
I any time for which he shall not have been actually in the dis- 

charge of his duties. 



LAWS OF ILLINOIS. 93 

Sec. 28. A register of their names and rate of compensa- Register of 
tioii of every agei.t, engineer, superintendent, surveyor, cleric, oncers, 
draftsman, and rodman employed in each circuit, respec- 
tively, shall be kept by the Secretary of the Board in his 
office, showing also the commencement and the end of the 
term of service of each individual; which register shall at 
all times be opened, during otKce hours, to the inspection of 
any person w^homay wish to inspect the same; and whenever 
any acting Commissioner shall employ or dismiss from ser- 
vice any person during the vacation of the meetings of the 
Board, he shall forthwith notify the Secretary, in order that 
the entry thereof may be made on said register. 

Sec. 29. The per diem compensation now allowed by law perdiemcom- 
to the Commissioners of the Board of Public Works and pensation of 
Fun J Commissioners, shall be in full for their services; and ''*'™'''^' 
no allowance shall be made, in addition thereto, for their 
personal, contingent, or travelling, or other expenses, under 
any name whatever. 

Sec. 30. A railroad shall be constructed from Rushville I^oad from 
to Erie, on the bank of the Illinois river; and for the con- gH^^""^ ^» 
struction and completion of said road and appendages, the 
sum of one hundred thousand dollars is hereby appropriated 
for that purpose; and the Fund Commissioners are hereby 
required to furnish the funds for the same: Provided^ ^^^^^^^^5 Proviso 
That no survey shall be made of said road until all the com- 
panies incorporated to make railroads from Rushville to Erie, 
or to any other point on the Illinois river, above the mouth 
of Crooked creek, and below the mouth of the Sangamon 
river, shall have relinquished their charters, and surrendered, Charters re- 
absolutely and unconditionally, all rights to make any such Hnquished. 
road, and all claim to damages for the right of way, or for 
surrendering their charters. 

Sec. 31. That the sum of five thousand dollars be, and |5,000 to 
the same is hereby, appropriated to complete the Western ^"p'^t^j.^^ ail 
mail route near Maysville, on the bottom of the Little Wa- JITute.^" ™^^ 
bash river. 

Sec. 32. That the further sum of fifteen thousand dollars $15,000 for 
be, and the same is hereby, appropriated fox the completion maV/rome. 
of that poition of the Western mail route as lies between 
Lawrenceville and Vincennes; and for the purpose of pro- 
tecting the said road from injury from the overflowing of the 
Wabash river, the Board of Commissioners of Public Works 
are hereby authorized to construct a substantial levee at 
"Bellegrave," to exclude the water of the Wabash fiom 
the "Purgatory" swamp, over which the said mail route is 
constructed: Provided, however^ That the improvement con- pj.Q^gp 
templated in this section shall be made in the most economi- 
cal manner, and with the least possible expense; and if the 
aforesaid sum shall not be necessary to effect the object, the 
balance of the sum shall remain subject to the further dispo- 
sition of the General Assembly. 



94 LAWS OF ILLINOIS. 

Contracts to Sec. 33. It shall be the duty of the Board of Public Works 

bein continu- ^Q have all works put under contract in a continuous line, 

ous iin6. . ^ , . . ' 

commencing at the terminating points of said road, except in 

those cases where it may be necessary to put the works at 

the crossing of streams, or other places under contracts, in 

advance of other works, so as to have uniformity in the time 

of finishing said work. 

Regular meet- Sec. 34. That from and after the first day of April next, 

b"^l' Id T ^^ ^^^^ regular meetings of the Board of Fund Commissioners, 

Springfield, ^"d the Commissioners of the Board of Public Works, shall 

be held at Springfield. 
When com'rs Sec. 35. That when any Commissioner of the Board of 
out of office. P"^lic Works shall resign or go out of office, he shall be 
allowed until the next general meeting of the Board to settle 
■ and adjust his accounts with such Board; and if he shall 
have any moneys in his hands belonging to the State, it shall 
be his duty to pay the same over to the Fund Commisioners; 
and ii' there shall be any money i'ound to be due lo such 
Commissioner upon such settlement and adjustment of ac- 
counts, any balance,it shall be the duty of the Fund Commis- 
sioners to pay over the same. 
Improvement Sec. 36. The improvement of the navigation of the Illinois 
of Illinois river, provided for in the second division of the eighteenth 
to Ottowa'^^*^ section of the act to which this is an amendment, is hereby 
directed to be extended cast of the third principal meridian 
to the town of Ottawa. 
Western mail Sec. 37. The provisions of the twelfth section of the act 
route. ^Q which this is an amendment, requiring and authorizing 

the Board of PublicWorks to survey and locate the several 
improvements under their supervision, shall be construed to 
extend to the Great Western mail route between Vincennes 
Proviso. and St. Louis: Providdd, That nothing herein contained shall 

be so construed as to authorize the Board to divert the said 
location from any town or post-office now located on the 
present line of said road, or to change the present route 
thereof, from any street in said towns through which the said 
mail route h;is heretofore run. 
Fund com'rs Sec. 38. The Fund Commissioners are hereby authorized 
to audit ac- |,o audit and settle the accounts of the acting Commissioner 
com')^o° 4th ^^ the fourth judicial circuit, for the disbursements made by 
circuit. him for the expenses of the survey and examination of the 

Charleston and Darwin turnpike route, authorized to be 
made by the seventh section of the act to which this is an 
amendment, and to pay the same out of the internal im- 
provement fund. 

Sec. ,39. The Board of Public Works may extend the time 
prescribed to contractors for completing their contracts, 
whenever, in the opinion of the Board and the acting Com- 
missioner on the line, the interest of ihc State would not be 
prejudiced thereby. 



LAWS OF ILLINOIS. 96 

Sec. 40. The plans, profiles, drawings, specifications, and Plans and 
other descriptions of work, or materials, proposed to be put [!JhibitVcf at^ 
under contract, shall be exhibited at the time and place ot lettings. 
lilting the same, for the information of all persons wishing to 
propose for the same; and the said original documents, so to 
be exhibited, shall be certified by the engineer attending the 
letti.ig, and, within sixty days thereafter, shall be filed, as of 
record, in the office of the Board of Public Works, retaining 
fair and correct copies thereof for the use of the work. 

Sec. 41. It shall be the duty of the principal engineer in Dutj of prin- 
charge of the work to attend all lettings of contracts; but, in "^^P^^ ^"S'^"- 
case of his non-attendance, any resident or assistant engineer, 
to be designated by the Commissioners, may act in his place. 

Sec. 4'2. All esliniates made upon materials delivered by Estimates on 
contractors, and upon which a per centage has been paid, "^^'^^*^^^^^^- 
shall operate as a lien in favor of the State, and said materials 
shall be exempt from any execution oi- att;ichmcnt issued 
against the contractors delivering the same. 

Sec. 43. No extra allowance shall be made to any con- 
tractor, over and above the contract price of work or mate- 
rials, under any pretence whatever. 

Sec. 44. The accounts and reports of the respective acting Detailed am'ts 
Commissioners, and also of the Board of Public Works, shall expended. 
exhibit, separately and in detail, the amounts expended on 
each respective work; and shall show distinctly what amount 
has been expended on construction, what for engineering and 
contingent expenses; and what items constitute the contin- 
gent account. 

Sec. 45. All deeds, patents, releases, assessments, and other Deeds, pat- 
evidences of title of lands, and for the right of way, purchased ents, and 
or obtained by the State, shall be recorded in the recorder's ^"^^• 
office of the county in which the lands or a major part of 
ihem shall lie; and the originals shall thereafter be filed in 
the office of the Auditorof Public Accounts, as now required 
by law. 

Sec. 46. All acts and parts of acts coming in conflict with Actsrepealed. 
this act, and contrary thereto, are hereby repealed. 

Sec. 47. It shall be the duty of the Fund Commissioners Defalcations 
to report to the Attorney General any defalcations, or hal- to be reported 
ances which may exist on the settlement of the accounts o^QgQg"JJ["^^' 
any of the Commissioners of the Board of Public Works, or 
of any other agent of the State connected with the internal 
improvement system, who, on the settlement of his accounts, 
may have a bal-Jince of moneys belonging to the State remain- 
ing in his hands. And it shall be the duty of the Attorney 
General to proceed to collect the same according to law. 
Approved, by the Council, March 1, 1839. 



96 



LAWS OF ILLINOIS. 



Power of 
Commissioner 
of Public 
Works. 



Lines of road 
to be surveyed 



Portions of 
road to be 
constructed. 



In force Feb. AN ACT to authorize the Board of Public Works to survey and construct 
28 1839. the continuation of certain Railroads within the State of Indiana. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Board of Com- 
missioners of Pablic; Works be, and they are hereby, author- 
ized and required, so soon as they shall be ofRcially informed 
that the State of Indiana have granted the right of way, 
or whenever the said Board is satisfied that the said right of 
way is secured to the Stale of Illinois, for the construction of 
the continuation of the eastern ends of the Northern CiJross 
railroad, and of the Central Branch railroad, through the ter- 
ritory of the said State of Indiana, to the intersection of the 
Wabash and Erie canal; that the said Board take early 
measures to cause the lines of the said railroad to be sur- 
veyed and located to the intersection of the said canal* 

Sec. 'J. That when the said lines of railroad shall be so 
extended, surveyed, and located, the portions of the said rail- 
roads within the territory of Indiana shall be carried on and 
constructed in the same manner as though the said extended 
hnes were situated within this State. The said Central 
Branch railroad to terminate on the right bank of the Wa- 
bash river opposite Terre Haute; and the Northern Cross 
railroad, at such point on the said right bank of the Wabash 
river as shall or may be prescribed or permitted by the laws 
of Indiana, and as may be agreed and acceded to by the 
Board of Commissioners of Public Works of the State of Illi- 
nois, any thing contained in the ninth division of the eigh- 
teenth section of the act, entitled "An act to establish and 
maintain a general system of internal improvements," to the 
contrary notwithstanding. 

Sec. 3. So much of the said ninth division of the eigh- 
teehth section of the above recited act as gives a direction 
to the said Northern Cross railroad from Danville towards 
Lafayette, Indiana, is hereby repealed. 

Sec. 4. Should the Legislature of Indiana at their pre- 
sent session authorize the construction of the said railroads, 
or either of them, on the part of the said S'^ate of Indiana, 
so much of this act as authorizes the Board of Public Works 
of Illinois to survey, locate, and construct the san^c, shall be 
void; and the said Board of Public Works are hereby author- 
ized to agree with the Board of Internal Improv<rnents of 
Indiana, on the proper point or points at the State line for 
connecting the said roads of Illinois and Indiana, or either of 
them, and to <",onnect the same at such point or points: Pro- 
vided, That the tracks of the roads in both States shall cor-' 
respond in width so as to form a continuous line of transit 
without transshipment. 

A-PPROVED, February 28, 1839. 



Section of 
act repealed. 



If Indiana 
authorize 
road, act to 
be void. 



LAWS OF ILLINOIS. 97 

AN ACT making an appropi-iation for the improvement of the navigation In force, Feb, 
of the Embarrass river. 28, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of seven $7000 to Em- 
thousand dollars be, and the same is hereby, appropriated out ^^"^^^ "^■^'• 
of the internal improvement fund oi this State, for the im- 
provement of the navigation of the Embarrass river, to be 
applied and expended under the authority and direction of 
the Board of Public Works. 

!Sec. 2. The Board of Public Works shall cause said im- Duty of , 
provements to be made as early as practicable, by removing ^°^^ ofPu^ 
all the trees, drifts, snags, and other obstructions in the bed ^'^ °^ ^' 
of said river between Norfolk's mill on said river and the 
mouth of the same, by excavating bars when necessary, cut- 
ting and clearing timber from the banks, and making cut-offs, 
or otherwise changing the channel of said river, when found 
necessary; which said improvements shall be commenced at 
Norfolk's mill aforesaid, and continue thence downward to 
the mouth of said river. 

Approved, February 28, 1839. ' 



AN ACT to define the term of office of the Commissioners of Public In force. Mar. 
Works. 2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the term of office of Term of of- 
the Commissioners of Public Works shall expire on the day of ^^^• 
the first meeting of the newly elected Board of (/ommis- 
Bioners;to be holden, according to la w,on or as soon as conve- 
nient before the first Monday in April in each biennial year. 
And it shall be the duly of the Commissioners going out of ^^^ -^ 
office, forthwith to hand over to their successors in office rJl mis"sioner g™" 
books, papers, drawings and otherdocumcnts relatingto their ing out of of- 
said office; and, as soon as convenient thereafter, to hand^''®' 
over all the property of the State which may have come to 
their possession by virtue of said office, together with a true 
and correct inventory thereof. 

Approved, March 2, 1839. 



An ACT furthersupplementary to the act in relation to Internal Improve- in force Mar 
ments. 2,1839. 

Seg. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That so much of the 
twenty-first section of the "Act to establish and maintain a 
general system of internal improvements," as requires the 
Auditor of Public Accounts to countersign the certificate of 



98 LAWS OF ILLINOIS. 

Part of act loans be, and the same is hereby, repealed. And it shall 
repealed. hereafter be sufficient execution of said bonds and certifi- 
cates, on the part of the State, for the Fund Commissioners, 
or a majority of them, to sign the same. 
Approved, March 2, 1839. 



In force, Mar. ^^ ACT to provide an increase of facilities in procuring laborers on the 
2, 1839. public works. 

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

representedin the General Assembly^ That it shall be lawful for 
the Commissioners of the Board of Public Works, and the 
Board of Commissioners of the Illinois and Michigan canal, 
Commision- ^° '^"^^ ^^ conjunction, and adopt and execute measures to 
ers to adopt bring into the State laborers to be employed on the canal 
and works of internal improvement in the State. Said 
Boards shall take such measures, in acting under the provi- 
sions of this act, as will prevent any and all loss to the State 
in consequence thereof; and this shall not be executed, unless 
the two Boards shall be satisfied that the interest of the State 
will be promoted thereby. 
AppRoved, March 2, 1839. 



In force Mar ^-^ ACT to provide for settlements with the representatives of deceased 
2 1839 ' contractors upon public works, and for other purposes. 

Sec. 1. Be it enacted by the People of the State of Illinois. 
rep7-esented in the General Assembly^ That in all cases when 
contractors upon the Illinois and Michigan canal, or upon 
any of the public works authorized by the State, have depart 
ed, or may depart, this life, before complelino; the contract 
and the representatives of such contractor shall relinquish 
their right to complete the contract; such representatives 
T>„..^„ „„to shall be paid the value of the work executed, according to th( 

itepj csenia- . • i i r • i i i • ••in 

tivesofcon- price stipulated lor in the contract; but this provision shall 
tractors to re- not interfere with the remedy of the State, or any boarc 
ceive amount ^-^j^ whom the contract may have been made, for non-com 
due. .11 "^ • 1 1 » 

pliancewith the contract, except in respect to the completioE 

of the work nfter the death of the contractor. 

Sec 2. The Board of Commissioners of the Illinois anc 

Discretion- Michigan canal are hereby invested with discretionary 

ary powers of power to pay Over to James Brooks, canal contractor, oul 

commission- of the canal fund, any sum of money not exceeding three 

^'"®* thousand dollars, in full indemnification of the said Brooks 

for the loss of his property by the lawless and violent pro 

ccedings of a late mob on said canal. 

Approved, March 2, 1839. 



LAWS OF ILLINOIS. 99 

AN ACT authorizing the improvement ot" the Big Muddy river. In force, Mar. 

2, 1839._ 

Sec. I. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly, That there be, and there 
is hereby, appropriated oul; of the internal improvement fund, 
the sum of twenty thousand dollars, to be applied and ex- $20,000 to 
pended under the authority and direction of the Board of j/?P^|^^®_P^S 
Commissioners of Public Works, for the improvement of the " fyiver. 
navigation of the Big Muddy river. The said improvements 
shall be made by removing snags and other timber obstruc- 
tions in the bed of the stream, by excavating bars when 
deemed necessary, cutting and clearing timber from the 
banks, and making cut-ofts, or otherwise changing the chan- 
nel, when found necessary : which said irnprovements shall be Improvement 
commenced at the mouth of said river, and be continued to commence 
upwards as high as the said appropriation can be judiciously at mouth. 
expended. There shall also be appropriated the sum of one 
thousand doUai-s to the county of Monroe, to be paid to the $iooo to 
couBty commissioners of said county, and appropriated on Monroe coun- 
the road from Caho creek to Kaskaskia. '^ ^°^ '°^'^- 

Approved, March 2, 1839. 



AN ACT fixing the northern termination of the Central railroad. In force, Mar. 

4, 1830. 

Sec. 1 .' Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly. That the Board of Public 
Works shall locate the northern termmation of the Central Northern 
railroad on the west side of Fever river, in the town of Ga-J^^'™^^*^^^^^!]*^^ 
lena; and the railroad shall cross the river at such pointabove road. 
Lampkins' old ferry landing, and below Frederick's point, as 
will least interrupt the free navigation of Fever river. 

Aproved, March 4, 1839. 



AN ACT supplemental to an act, entitled "An act to erect certain bridges," In force, Feb. 
approved January 22, 1831. 12, 1839. 

Sec. 1. Be it enacted by the People of the State of Blinois, 
represented in the General Assembly, That the county of Knox- 
shall be entitled to all the benefits of the act to which this is 
supplemental: Provided, The county commissioners' court of Proviso, 
said county shall comply with the requisites of said act with- 
in two years from the passage of this act. 

Approved, February 12, 1839. 



iOO 



LAWS OF ILLINOIS. 



In force, Feb 
12, 1839. 



Com'rs to 
locate road. 



Tume and 
placp of 
laeeting. 



Declared pub 
lie road. 

Compensa- 
tion of com- 
raifisioners. 



AN ACT laying out a State road in Alexander county. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That David H. Moore, 
John Kirkwood, and William Echols, be, and they are here- 
by, appointed commissioners to view, mark, and locate, a road 
from Caledonia, in Alexander county, to the town of America, 
Marseilles, and Unity, to the town of Santa Fee, on the Mis- 
sissippi river. 

Sec. 2. The said commissioners, or a majority of them, 
shall meet at the town of Caledonia, on the first Monday in 
April next, or within two months thereafter, and proceed to 
view, mark, and locate said road, on the nearest and most eli- 
ble ground, doing as little damage to private property as pos- 
sible. 

Sec. 3. When said road shall be located and established, 
it shall be deemed a public highway, and may be opened,, 
worked, and kept in repair as other State roads are. 

Sec. 4. The county commissioners' court of said county 
may make such reasonable allowance to the road commission- 
ers named in this act, as to them may seem reasonable and 
just, to be paid out of the county treasury. 

Approved, February 12, 1839. 



Ferry estab 
Hshed 



Rates of fer 
riage. 



in force, Feb AN ACT to authorize Philip Jarboe and Harvey M. Jarboe to establish a 
16, 1839. ferry across the Illinois river. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Philip Jarboe and 
Harvey M. Jarboe, of the county of Greene, are hereby au- 
thorized to establish a ferry across the Illinois river, at the 
town of Bridgeport, in Morgan county, and are authorized 
and empowered to demand and receive, from all persons, the 
following rates of ferriage, to wit: For each four-wheeled wa- 
gon with four horses or oxen or more, one dollar; for each four- 
wheeled two-horse wagon, sixty-two and a half<;«nts; for each 
person and single horse, twenty-five cents; for each single or 
led horse, twelve and one-half cents ; for each head of neat ' 
cattle, four cents ; for each head of hogs, sheep, or goats, two 
cents; for each two- wheeled cart or gig and driver, fifty 
cents; for each sleigh and one horse and driver, thirty-seven 
and one-half cents. 
Co. com. may ^Ec. 2. The county commissioners of Pike and Morgan 
levy tax, counties are hereby authorized to levy and collect a tax on 
said ferry, the same as they are authorized to do on other 
ferries; and also to regulate, reduce, or alter, the rates of fer- 
riage as in other cases. This act to take eflfect from and after 
its passage. 

Approved, February 16, 1839. 



LAWS OF ILLINOIS. 101 

AN ACT to authorize the county commissioners' court of Randolph county In force, Feb. 
to change and alter State roads in said county. 12, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, Power of cbm- 
represented in the General Assembly, That the county commis- missioners. 
sioners' court of R^,ndolph county is hereby authorized to 
change the location of any State road in said county: Provid-^^°^^°- 
ed, That no change shall be made at the points where such 
roads enter other counties, without the consent of the county 
commissioners' courts of such counties. 

Approved, February 12, 1839. 



AN ACT to establish a State road from Beardstown to Manchester. lu force, Feb 

12, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there shall be estab- 
lished a State road leading from Beardstown, by the way of 
Arnez's mill and Lynnville, to Manchester, on the nearest and 
best ground between the points aforesaid; and John Cartel,^ , 
living near Lynnville, Joel Sugg of Manchester, and Francis locate road 
Arnez of Cass county, are hereby appointed commissioners to 
locate said road. Said commissioners shall meet at Beards- Time «fe place 
town, on some day to be agreed upon by them, before the first "fleeting. 
day of August next, and being sworn before some justice of ^'i^'^- 
the peace, faithfully to discharge the duties imposed upon 
them by this act. shall proceed to locate said road upon the 
best ground to be obtained, having regard to distance, public 
convenience, and to the probable cost of the right of way ; and 
upon agreeing upon the line of the road, shall mark the same 
so as to enable supervisors to follow the line and open the 
road upon the line located, and make reports of their pro- shall report to 
ceedings to the commissioners' courts of the several counties com'rsofeach 
through which the said road passes, and the same shall be enter- ^°"°^y- 
ed on the records of said courts; and from the date of such 
entry the same shall be a State road. In locating the road, 
the commissioners shall follow the line and occupy the same 
ground at present occupied by the State or county roads, so 
far as the same can be done consistently with the public in- 
terest. The commissioners shall be paid two dollars per day Compensa- 
each, by the several counties through which the road passes, in *^'^"' 
proportion to the length of time occupied in each county. Any 
two of the commissioners may act under the provisions of this 
act. 

Approved, February 12, 1839. 



102 



LAWS OF ILLINOIS. 



In force, Feb. AN ACT for the relief of the Judg^eof the sixth judicial circuit of the State 
12, 1839. of Illinois. 



$500 appro- 
priated to 
judge of 6th 
circuit. 



Salary in- 
creased. 



Sec. 1. Be it enacted hy the People of the State of Illinois^ 
lepresented in the General Assembly, That the sum of five 
hundred dollars be, and the same is hereby, appropriated to 
Dan Stone, judge of the sixth judicial circuit of the State of 
Illinois; and that the Auditor of Public Accounts be, and he is 
hereby, required to issue his warrant for the same. 

Sec. 2. That from and after the first day of January, 
1839, the salary of the judge of the sixth judicial circuit shall 
be one thousand dollars annually. 

Approved, February 13, 1839. 



In force, Feb, 
12, 1839, 



Salaries in- 
creased. 



AN ACT regulating the salaries of the Judges of the Supreme Court. 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly, That from and after the 
first day of January, one thousand eight hundred and thirty- 
nine, the salary of the Judges of the Supreme Court of the 
State of Illinois shall be fifteen hundred dollars per annum, 
payable quarterly, out of any money in the treasury not other- 
wise appropriated. 

Approved, February 12, 1839. 



In force, Feb. AN ACT to legalize the sale of section sixteen, in township nine north, 
15, 1839. of range two east, in the county of Knox. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sales heretofore 
made by the school commissioner of Knox county of section 
numbered sixteen, in township numbered nine, north of the 
base line, of range numbered two, east of the fourth princi- 
pal meridian, in said county, and of every part and parcel 
thereof, be, and the same are hereby, ratified and confirmed; 
and the titles acquired under such sales are hereby declared 
vahd, to all intents and purposes, both in law and equity, as 
fully as if all the provisions of law relating to the sales of 
school lands had been strictly pursued and complied with. 

Sec. 2. This act shall be in iorce from and after its pas- 



Sales ratified 
Titles valid. 



Approved, February 15, 1839. 



LAWS OF ILLINOIS. 103 

AN ACT to vacate the sarvey and plat of the sub-division of block forty- In force, Feb. 
one, in the town of Monmouth. 12, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sarvey and plat 
of the sub-division of block number forty-one, in the town of 
Monmouth, and county of Warren, heretofore made by George 
H. Wrio-ht, and recorded in the recorder's office of said coun- 
ty of Warren, be, and the same is hereby, vacated; and said ^^^^ vacated. 
block forty-one is hereby restored to the condition in which 
it was placed by the recorded plat of said town of Monmouth. 

Approved, February 13, 1839. 



AN ACTresrulatin^thetimeofholdina: the circuit courts in the second In force, Feb. 
* Judicial Circuit. 15, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That hereafter the time Terms of 2d 
of holding the circuit courts, in the second judicial circuit in -ircuit. 
this State, shall be as follows, viz: In the county of Madison, Madison. 
on the first Monday of February, and on the first Tuesday _ 

after the first Monday in August; in the county of St. Clair, ^t. ciair. 
on the third Monday of Fe])ruary and August, and a special Special term, 
term on the first Monday of November; in the county of 
Monroe, on the fourth Monday of February and August; in Monroe. 
the county of Randolph, on the first Monday of March and Randolph. 
September; in the county of Washington, on the second Mon- Washington. 
day of March and September; in the county of Clinton, on^'mton. 
the third Monday of March and September; in the county of 
Bond, on the fourth Monday of March and September; m Bond, 
the countv of Montgomery, on the first Monday of April and Montgomery. 
October; "in the county oi Shelby, on the second Monday of Shelby. 
April and October; in the county of Effingham, on the ttiird Effingham. 
Monday of April and October; and in the county of Fayette, Fayette. 
on the Thursdays thereafter: Provided, however, That this act Pi-oviso. . 
shall not take effect in the counties of Madison, St. Clair, x 
Monroe, and Handolph. until after the spring terms for the 
present year shall be over. 

Sec. 2. ' All process, suits, and recognizances, which have Process, 
been or may be issued or entered into, and made returnable 
to the courts as at present arranged, shall be taken and con- 
sidered to be returnable to the times fixed by this act, and 
shall be valid to all intents and purposes. This act to be in 
force from and after its passage. 
Approved, February 15, 1839. 



104 LAWS OF ILLINOIS. 

In force, Feb. AN ACT in relation to the town of Springfield. 

15, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois,^ ^ 
represented in the General Assembly^ That so much of the act, 
entitled "An act to extend the corporate powers of the presi- 
dent and trustees of the town of Springfield," approved Julj 
20, 1837, as authorizes the extension of the boundaries of 
Act repealed, g^id town, be, and the same is hereby, repealed. 
^^n*^^"^^°^ Sec. 2. Allot the territory included in any addition to 
°^ ■ the town of Springfield, in addition to the boundaries fixed by 

the president and trustees of said town, previous to the pas- 
sage of the act of 20th of July, 1837, shall, from and after 
the passage of this act, be and remain the boundaries of said 
town of Springfield. 

Approved, February 15, 1839. 



15 1839 "^^ ACT to establish the counties of Menard, Logan, and Dane. 

Sec. 1. Be it enacted by the People of the State of Illinois j 
represented in the General Assembly^ That all that tract of coun- 

Menard"o^. ° ^''J lj^"g within the following boundaries, to wit: Beginning 
at the northwest corner of section twenty-seven, in township 
seventeen north, of range eight, west of the third principal 
meridian; thence, east, to the centre of the southern boundary 
of section twenty-four, in township seventeen north, of range 
seven west; thence, north, to the middle of the northern boun- 
dary of said section; thence, east, to the middle of the north- 
ern boundary of section nineteen, in township seventeen north, 
of range six west; thence, north, to the centre of section eigh- 
teen, township and range last aforesaid; thence, etist, to the 
middle of the eastern boundary line of said section; thence, 
north, to the channel of Rock creek; thence, down the chan- 
nel of Rock creek, to where the northern boundary line of 
section nine, township and range last aforesaid, crosses the 
same; thence, east, to the southwest corner of section two, 
township and range last aforesaid; thence, north, to the south- 
east corner of section twenty-seven, in township eighteen north, 
range aforesaid ; thence, east, to the southeast cor-ner of sec- 
tion thirty, in township eighteen north, range four west; 
thence, north, to the southeast corner of section eighteen, in 
township nineteen north, range last aforesaid; thence, west, to 
the line between ranges four and five; thence, north, to the 
northern boundary Une of Sangamon county; thence, west, 
with said line, to the Illinois river; thence, with the present 
""boundary line of Sangamon county, to the place of bef^inning, 

*■ shall form and constitute the county of Menard. 

Boundaries of Sec. 2. That all that tract of country lying within the 
Logan county following boundaries, to wit: Beginning at the northwest cor- 
ner of township twenty north, of range four west; thence, 
1! 



LAWS OF ILLINOIS. 105 

south, lo the southwest corner of section eighteen, in township 
nineteen north, of range aforesaid; thence, east, one mile; 
thence, south, tothesoutheastcorner of the county of Menard ; 
thence, east, to the line dividing ranges three and four; thence, 
south, to the southwest corner of section seven, township 
seventeen north, of range three west; thence, east, to the 
northeast corner of section fifteen, township last aforesaid; 
thence, south, one mile; thence, east, to the eastern boundary 
line of Sangamon county; thence, with the present boundary 
lines of Sangamon county, to the place of beginning, shall 
constitute the county of Logan. 

Sec. 3. That all that tract of country lying within the Boundaries of 
following boundaries, to wit: Beginning where the third prin- ^°® county, 
cipal meridian crosses the north fork of the Sangamon river; 
thence, do\^ n said river, to the line between sections nine and 
ten, in township fifteen north, of range three west; thence, 
south, to the southeast corner of section four, in township 
fourteen north, range last aforesaid; thence, west, three miles 
by the surveys; thence, south, three miles by the surveys; 
thence, west, three miles by the surveys; thence, south, to the 
southern boundary of township eleven, range last aforesaid; 
thence, east, with the surveys, to the third principal meridian; 
thence, north, to the place of beginning, shall constitute the 
county of Dane. 

Sec. 4. That Benjamin Mitchell of Tazewell county, Com'rs to lo- 
John Henrv of Morgan county, and Newton Walker of Fulton ^ate county 

.■""i,!" 11 -ji •• • seats of Me- 

county, be, and tney are hereby, appomted commissioners to ^.^^^ ^ Daxie. 

locate the seats of justice of the counties of Menard and Dane. 
Said commissioners, or a majority of them, shall meet at Pe- Time & place 
tersburg, in Menard county, on the first Monday of May ° ™6®ti°g- 
next, or within twenty days thereafter, and, after being first 
duly sworn by some one authorized to administer oaths, faith- Com'rs to be 
fully and impartially to discharge the duties imposed on them sworn. 
by this act, shall proceed to explore said county, and to locate 
the seat of justice thereof, with a view to present and future 
population ; which location, when made, shall be and remain 
the seat of justice of the county of Menard: Provided, That '''■'^■^i^**' 
if the said commissioners shall locate the seat of justice oflf co. seat of • 
Menard county on the west or left side of the ^^"gamon ^^^^'■^^^^^J^"^ 
river, then, and in that case, the lines of said county shall be side of Sanga- 
cKanged as follows, to wit: Beginning at the southwest cor- mo a river, 
ner of section three, in township seventeen north, of range u°"^*^n"ed ^° 
six west; thence, north, four miles by the surveys; thence, east, 
with the surveys, to the eastern boundary line of said county 
as described in this act; thence with the before described 
boundaries throughout: Provided, further, That said commis- 
sioners, in making the location of the seat of justice of said 
county, shall pay no regard whetever tc the above contempla- 
ted change of lines. 

Sec. 5. Said commissioners, or a majority of them, shall Time & place 
meet at such place, within the county of Dane, as may l^e °ocatrco"leat 
agreed on by them, and at such time as they may agree upon, of Dane. 



106 LAWS OF ILLINOIS. 

not exceeding twenty days after they shall have located the 
seat of justice of Menard county; and shall then and there 
proceed to make the location of the seat of justice of the said 
county of Dane, in all respects conformably with the fourth 
section of this act. 
Certificate of ^^^* ^' ^^^^ commissioners shall make out a certificate 
location to be of the location of the seats of justice of each of the said coun- 
made. ties of Menaird and Dane, stating what tract of la,nd, and what 

part of the tract each location is made upon; which certifi* 
be filed with ^^^^ shall be signed by the said commissioners, and tiled in the 
cl'k of Sanga- office of the clerk of the county commissioners' court of San- 
mon CO. gamon county, and shall be evidence of the said locations re- 

spectively. 
t?bfloca°e'd ^^^' ^' Neither of said locations shall be made on pri- 
on irrivate va.te property, unless the owner thereof shall either convey to 
property. the county twenty acres of land, having the location at or 
near the centre thereof, or donate in money, to be applied to 
the erection of public buildings, the sum of three thousand . 
dollars. 
Com'rs to lo- Sec. 8. That Charles Emmerson of Macon county, Chen- 
cate CO. seat Thomas of M'Lean county, and Charles R. Matheny of 

^ ' . Sanga.mon county, be, and they are hereby, appointed com- 
missioners to locate the seat of justice of Logan county; and 
who, or a majority of whom, shall in all respects perform 
• their duties in the manner that the commissioners for the loca- 
tion of the county seats of the counties of Menard and Dane 
Time&, place are by this act required to do; and shall meet at the town of 
of meeting. Poj-tville, in said county of Logan, on the first Monday of 
May next, or within twenty days thereafter, for the purpose 



gan, duration. 



of forming the same; and such location, when so made, shall 
be and remain the seat of justice of the said county of I^ogan 
until the end of the session of the General Assembly in the 
year 1S4L 

Pay of com'rs. Sj;c. 9. Each of said commissioners named in this act 
shall receive out of the county treasuries, respectively, for 
which he may have served, suchper diem allowance as shall 
be paid the members of the present General Assembly. 

Election for ^ec. 10. An election shall be held on the first Monday of 
April next, in each of the counties established by this act, to 
elect for each of said counties one sheriff^ one coroner, one 
recorder, one county surveyor, three county commissioners, 
one clerk of the county commissioners' court, and one pro- 
bate justice of the peace, who shall hold their offices until the 
next succeeding general election, and until their successors are 
elected and qualified; which election shall be conducted in 
all respects agreeably to the law regulating elections. Said 
elections shall be held, in the county of Menard, at Peters- 
burg, Sugar Grove, Huron, and Lynchburg; in the county 
of Logan, at Portville and Pulaski; in. the county of Dane, 

Judges of at Buck Hart Grove, Allenton, and the house of John Dur- 

elec^ns. bin; and shall be helu by the judges heretofore appointed by 



CO. officers. 



Term of office. 



Places of el 
tions. 



LAWS OF ILLINOIS. 107 

the authority of Sangamon. county for the precincts respec- 
tively: Provided^ That where any place named in this act^i'^^^so. 
for holding said election has not heretofore been an election 
precinct, the electors meeting there may choose their own 
judges and clerks, who shall be qualified according to law 
previous to entering upon the discharge of their duties. 

Sec. 11. The judges of election shall deliver to each ofS- certificate of 
cer elected a certificate of his election. The poll-books shall election, 
be retained by them until the clerks of the county commis- P'jJ^l-books re- 
sioners' courts shall respectively be qualified, and then deliver 
such poll-books of each county "to its own clerk; who shall 
make, and transmit to the Secretary of State, an abstract Abstract to 
of the votes given at such election, in the same time, manner, ^^- ^'^*®- 
and form, as is required of clerks of county commissioners' 
courts in elections in other counties of this State. 

Sec. 12. The said counties hereby established shall be Above coun- 
attached to, and form part of, the first judicial circuit. to^^lsTjud. cir. 

Sec. 13. The county of Menard shall be entitled to one Menard, one 
Representative in the General Assembly, and the counties of ^^p. 
Logan and Dane together, one; the county of Sangamon, pane^one. 
five; and the four together, two Senators; and in case any Sangamon, 
vacancy shall occur previous to the next election, the four^y^e 
counties shall vote together to fill said vacancy, in the same Senators! *^** 
manner as if no division had taken place. 

Sec 14. All business now pending in the Sangamon cir- Business in 
cuit court, or which shall be commenced therein previous to sangamon° 
the organiaation of the counties hereby established, shall be 
determined therein as if no new counties had been establish- 
ed; and the sheriff of Sangamon county is hereby authorized 
to perform all duties within the boundaries of the said new 
counties, which may be necessary /or the finishing of the afore- 
said business, and for the collection of the taxes already as- 
sessed. All business now pending in the courts of the justi- Business fae- 
ces of the peace, or of the probate justices of the peace, of^^ugjj^e°^a*^e 
Sangamon county, or which shall be commenced therein pre- in Sangamon 
vious to the organization of the new counties hereby estab-co. 
lished, shall be finished by said justices and their constables, 
as though no division had taken place. 

Sec 15. The judges of the several election precincts of''3-"ook8. 
within the aforesaid counties shall meet at the several places 
hereinafter named, on the second day after said election, to 
compare their respective polls ; in the county of Menard, at 
the town of Petersburg; in the county of Logan, at the town 
of Pulaski; and in the county of Dane, at the town of Al- 
lenton. 

Sec 16. The justices of the peace and constables now What justices 
in oflice for Sangamon county, who reside in the boundaries 0^^°"^^°"^ ^^ 
of the new counties hereby established, shall continue in office 
in their respective new counties, so long as they would have 
done if no division had taken place. ^ 

Approved, February 15, 1839. ^ 



IQg LAWS OF ILLINOIS. 

In force, Feb. AN ACT to authorize James T. Gifford and Samuel J. Kimball to build a 
15, 1839. dam across Fox river. 

Sec. 1. Beit enacted by the People of the State of Illinois^ 
represented in the General Assembly, That James T. Gifford 
and Samuel J. Kimball, their heirs and assigns, be, and they 
are hereby, authorized to construct and build a mill-dam 
across Fox River, at the town of Elgin, in the county of Kane, 
between the lands held by them, to the height of six feet 
Proviso. above low-water mark; Provided, Said grant shall not be con- 

• strued so as to prevent the State from improving said Fox 
river at that place, by dams, locks, or in any other way, at any 
time hereafter, for the purpose of slack-water navigation, or 
otherwise. This act shall take effect from and after its pas- 
sage. 

Approved, February 15, 1839. 



Mill-dam 
across Fox 



In force Feb. AN ACT to authorize Reuben and Sullivan L. Haines to raise a mill-dam 
15 1839. ' aci-oss the Mackinaw river. 

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

represented in the General Assembly, That Reuben Haines 

and Sullivan L. Haines be, and they are hereby, authorized 

Mill-dam. to raise and continue their mill-dam across the Mackinaw 

river, on section seven, in township number twenty-four north, 

of range two, west of the third principal meridian line, in the 

Proviso. county of Tazewell, to the height of four feet : Provided, That 

the raising of said dam to the height of four iaet from the low- 

FurtWprovi- water mark shall not interfere with or injure any mill-dam 

so. now in operation or erected on said river: Provided, further, 

That the said Reuben and Sullivan L. Haines shall improve 

and keep a road open, from the town plat of Mackinaw across 

the said Mackinaw river, immediately below the said mill-dam, 

and that they improve the river banks and build a good and 

sufficient bridge across their race, so as to admit of free and 

easy crossing of said race and river at all times : And pro- 

Proviso. vided, also. That the said Reuben and Sullivan L. Haines shall 

Damages. pay to each and every person all damages that he, she, or 

they, may sustain in consequence of the raising of the said 

dam. 

Sec. 2. That Thomas F. Railsback, James Brawhill, 
Com'rs to as- and Samuel Flesher, be, and they are hereby, appointed com- 
sess damages, niissioners to view, and appraise, the damages, if any are sus- 
tained by any person or persons, by reason of the overflow- 
ing or backing up of water by raising the said dam. This 
act to take effect from and after its passage. 
Approved, February 15, 1839. 



LAWS OF ILLINOIS. 109 

AN ACT to amend an act, entitled "An act regulating elections," id force In force Feb, 

June 1. 1829. ^^» '■'^^^• 



June 1, 1829. 

'linoii 



Sec. 1. Be it enacted by the People of the State of Ilk . 
represented in the General Assembly, That on the first Monday 
of Auffust, in the year one thousand eight hundred and torty- 
one, and on the first Monday of August every second year ^^^^^.^^ ^^^ 
thereafter, an election shall be held lor so many Representa- R^p. to Con- 
tives to Congress as this State shall he entitled to at tliat time, gress. 

Sec. 2. The twenty-sixth section of- an act, entitled '^ An Sectio°^of act 
act regulating elections," in force June 1, 1829, be, and the 
same is hereby, repealed. . , , , i r 4-u r>i • . 

Sec. 3. Elections to fill vacancies in either branch of the ^^^^^^^^^ 
General Assembly, occurring during the sessions oi thcLegis- ^^^^^ ^^_ 
lature, may be held on such notice, not less than five nor more gembly. 
than twenty days, as the Governor may direct in the writ of 
election issued to fill such vacancy. 

Approved, February 15, 1839. 



AN ACT to prohibit betting on elections. In force^,^Feb. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That if any person shall 
at any time hereafter bet, or wager, any money, property, or 
other valuable thing, upon the result of any election which 
maybe held under the constitution or laws of this State, or 
shall bet, or wager, money, property, or other viluable thing, 
upon the number of votes which may be given to any one or 
more persons, at any election held as aforesaid, or upon who 
will receive the greatest number of votes at any such elec- 
tion, or if any person shall agree to pay, to any other person, 
any money, property, or other valuable thing, in the event 
that any election as aforesaid shall result in one way, or in 
the event that any one or more persons shall or shall not be 
elected, or shall receive a greater number of votes than others. Persons bet- 
such person shall be liable to indictment, and, upon conviction J^J^^Jj^bi^J^ 
thereof, shall be fined in any sum not exceeding one thousand pine. 

Sec* 2. It shall not be necessary to the commission of the Proof of ot- 
offence specified in the foregoing section, that the money, pro- «°^- 
perty, or valuable thing, bet or wagered, shall be exhibited 
or staked at the time of making such bet or wager, or at any 
other time. 

Approved, February 15, 1839. 



110 



LAWS OF ILLINOIS. 



In force, Feb. A.N ACT to authorize the county commissioners' courts of the counties 
16,1839. of Cook, Washington and Clinton, to eflect loans. 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly, That the county commis- 
sioners of Cook county be, and they are hereby, authorized to 
borrow, upon the faith and pledge of said county, a sum 
not exceeding ten thousand dollars, at a rate of interest not 
exceeding eight per cent., for a term not exceeding twenty 
years, and to issue bond or scrip therefor, under the seal of 
the county commissioners' court of said county, and counter- 
signed by the clerk of the county commissioners' court; any 
sum bori'owed under the authority of this act, to be applied 
by the county commissioners' for the use and benefit of said 
county; for the repayment of any sums so borrowed, with the 
interest upon the same, the said county commissioners are 
hereby authorized to pledge the revenues accruing to the 
said county. 

Sec. '1. The county commissioners' courts of Washington 
and Clinton counties are hereby vested with the same power 
and authority conferred by this act upon the county commis- 
sioners' court of Cook county; and are hereby required to ex- 
pend such money as they may by borrow, in erecting court 
houses and jails in the several counties. 

Sec. 3. Should the said counties of Washington and 
Clinton not be able, within six months after the passage of ' 
this act, to negotiate a sufficient loan, then, and in that case, 
it shall be lawful for the county commissioners' courts of said 
counties to levy a tax, not exceeding three per centum per 
annum, upon the value of the taxable property owned therein, 
over and above the tax for ordinary revenue purposes, for the 
purpose of erecting and completing said buildings. 

Approved, February 16, 1839. 



Com'rs of 
Cook may ef- 
fect loan of 
|10,000. 
niterest. 



Money, how 
applied. 



Washington 
and Clinton 
counties ha%'e 
same power. 



If loans not 
made, com'rs 
may levy a 
special tax. 



Money, how 
appropriated. 



In force, Feb. 
28. 1839. 



Voters of 
Franklin to 
vote for or 
against divi- 
sion. 



Boundaries 
of new coun- 
ty- 



AN ACT to establish the county of Williamson. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That it shall be lawful for 
the legal voters of the county of Franklin to meet at the re- 
spective places of holding elections in said county, on the first 
Monday in August next, and vote for or against the division 
of said county; and if it shall appear, by the returns of the 
election aforesaid, that a majority of all the votes given of 
said election shall be in favor of a division, the said county of 
Franklin shall be divided, and the following shall be the 
boundaries of a new county, to wit: Beginning at the north- 
east corner of township eight south, range four east of the 
third principal meridian ; thence west, with the said township 
line dividing township seven and eight south, to tlje third princi- 
pal meridian; thence south, with the third principal meridian, 



LAWS OF ILLINOIS. ' 111 

to the township line dividing ten and eleven south; thence, 
cast, with the said township line dividing ranges four and five 
east; thence north, with the said range line, to the beginning: 
and which new county, so formed, shall be called Williamson. Name. 

Sec. 2. The legal voters of the county of Franklin and Place of 
Williamson shall meet at their respective places of holding "^^^'^^g- 
elections, on the first Monday in September next, and pro- 
ceed to elect county officers for each of ?aid counties; which 
officers, when , so elected, shall hold their respective offices 
until the next general election for such officers, and until their 
successors are elected and qualified: Provided, Aozoe^^er, That Proviso, 
this section shall not be so construed as to prevent any county 
commissioners, residing within the limits of the said new 
county, from serving out the time for which he was elected, 
as a commissioner of the said county of Williamson. ^ 

Sec. 3. The returns for the election of county officers for Election re- 
the county of Williamson shall be made, within seven days t^ms. 
after the election, to WiUiiim Norris, Starhng Hill, and John 
T. Davis, three acting justices of the peace within said county; 
who shall meet at the town of Bainbridge, within ten days justices to 
from the day of the election, and proceed to open the re- meet and 
turns, shall transmit abstracts of said election to the ^ecreta- open '^turns. 
ry of State, and shall do and perform such duties as are now Secretary of 
required by law of clerks of county commissioners' courts and State. 
justices of the peace in like cases. a , 

Sec. 4. The county commissioners elected under the pro- ^f^;^;^°»7^_ 
visions of this [act] for the county of Wilhamson, shall meet missioners. 
as a court on the first Monday in October next, at the county 
seat; and shall proceed to lay off the county into justice's dis- Districts. 
tricts, road districts, appoint supervisors, and do and perform 
such other duties as may be required of them by law. 

Sec. 5. It shall be the duty of the school comn^iissioner ^^^^y^^^_ 
of the county of Frankhn, within thirty days after the or- ^jiggioner. 
ganization of the said new county, to pay over to the school To pay over, 
commissoner of the said county of Williamson, one-half of 
the entire amount of the shool fund received from the State: 
Provided, however, That if the school commissioner of the Proviso, 
county of Franklin shall have loaned out all or part of the 
said fund so received, it shall be his duty, and he is hereby 
required to transfer,' in notes or obligations, one-half of the 
whole amount which is due and payable to the said commis- 
sioner, together with one-half of the amount of money on 
hand: And provided, further, That nothing contained in this 
section shall be so construed as to prevent the school commis- 
sioner of Williamson county from receiving one-half of the 
distributive share of the school fund received by the school 
commissioner, whether the same shall be in promissory notes ^ 

or money. . 

Sec* 6. The school commissioner of the county of 1" rank- Further duty 
lin shall dehver, within thirty days after the organization of °f/^Jj;°J.;°™- 
said county of Wilhamson, all the money, books, promissory 



112 LAWS OF ILLINOIS. 

notes, bonds, mortgages and papers, of every description, be- 
longing to the respective townships within said new county; 
and for a failure to perform any of the duties required of him 
by this h,ct, the said school commissioner of Franklin county, 
and his securities, shall be liable to all damages that the county 
of Williamson or the inhabitants of any township in said 
county may sustain by the refusal or neglect of said commis- 
sioner. 
Dutyofclevk Sec. 7. The clerk of the county commissioners' court of 

of Franklin, j-j^g county of Franklin shall, as soon as may be convenient 
after the organization of the said county of Williamson, de- 
liver to the clerk of the county commissioners of the said new 
county, a list of the taxable property within the limits of said 
county, and which taxes shall be collected and applied to 
county purposes within the said county of Williamson. 
Location of Sec. 8. That for the purpose of locating the seat of jus- 

co. seat of tice of the county of Franklin, John Reed of Perry county, 

Franklin co. -^^^^i Johnson of Jefferson county, and Milton Carpenter of 
Commission- Hamilton county, are hereby appointed commissioners, who, 

ers appointed, or a majority of whom, shall meet at the town of Frankfort, 

and, after being duly sworn, shall proceed to locate said seat 

of justice. Calvin Bridges of Union county, Thornsbury C. 

Anderson of Gallatin county, and Jefferson Allen of Jackson 

Commission- county, are hereby appointed commissioners to permanently 

ers to locate locate the seat of justice for the county of Williamson. Said 

Williamson.^ commissioners shall meet at the town of Bainbridge, and, after 
Place of being duly sworn, shall proceed to locate the seat of justice. 

meeting. for said county. The commissioners appointed by this act 

shall locate the seat of justice at the centre of each county, 
or at some point the most eligible and nearest thereto, taking 
into view the convenience of the place, together with the 
advantage to be derived to the county from such location. 
Donation for Sec. 9. If the county seat of each county, respectively, 

county seat, gi^g^u j^g located on the lands owned by individuals, the com- 
missioners shall require a donation of at least twenty acres of 
land to be made to each county, and on which the public 
buildings shall be erected; but if the location shall be made 
at a town or village, the commissioners shall require at least 
ten acres of land adjoining the town plat, and a number of 
town lots, or a donation in money, or both, of suflicient value 
to amount to twenty acres of land, the town lots to be apprais- 
ed by the commissioners; and, after the location of the county 
seats above named shall be made, the county commissioners 
shall, as soon as convenient, proceed to the erection of pub- 
lic buildings. 
County com- Sec. 10, The county commissioners' court, and the circuit 

missioners' court within the counties of Franklin and Williamson, shall 

courts!*'"^ be held at such places within each county as the county com- 
missioners shall designate, until public buildings shall be 
erected. The commissioners appointed to locate the seats of 
justice, respectively, shall meet on the third Monday in August 



I 



LAWS OF ILLINOIS. ^ 1]!3 

next, or as soon thereafter as may be convenient, and shall 
each receive the sum of three [dollars] per day for each day 
necessarily employed by them in the location of the same; 
which compensation shall be made out of the county treasury 
of each county, respectively. 

Sec. 11. It shall be the duty of the clerks of the county Duty of 
commissioners' court of the county of Franklin, at the time of '^^^''^^* 
giving notice to the judges of election, previous to the elec- 
tion to be held on the first Monday in August next, to insert 
in such notice, that a vote will be taken for and against the 
division of said county, and directing them to open columns in 
their poll-books to receive said votes; and the legal voters of 
said county shall vote for or against the division of the county. 

Approved, February 28, 1839. 



AN ACT making appropriations for the years 1839 and 1840. Jq forpg, Mar, 

g X839 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of eight $8000 for con- 
thousand dollars be, and the same is hereby, appropriated, as tingent fund. 
a contingent fund, to meet the contingent expenses for the 
years 1839 and 1840. Said fund shall be subject to the order 
of the Governor, for the purpose of defraying all such ex- ^ 
penses as are unforeseen by the General Assembly, or other- 
wise unprovided for by law; and a proper statement of which 
shall be laid before the next General Assembly of this State, 
by the Auditor, in his biennial report. 

Sec. 2. The sum of two thousand dollars is hereby ap- $2000 to pen. 
propriated to defray the incidental expenses of the peniten- itentiary. 
tiary, for the years 1839 and 1840. Said fund shall be sub- 
ject to the order and direction of the inspectors of the peni- 
tentiary, and a detailed statement of all such expenses 
shall be laid before the next General Assembly of this State, 
showmg, particularly, the manner in which the same may 
have been expended. 

Sec. 3. The following sums are hereby appropriated, in 
lull, for the salaries of the several officers hereinafter men- Salaries 
tioned, for the years 1839 and 1840: 

1. To the Governor, two thousand dollars. Governor 

2. To the Auditor, of Public Accounts, including clerk Auditor. ' 
hire, four thousand eight hundred dollars. 

3. To the State Treasurer, including clerk hire, three thou- Treasurer, 
sand two hundred dollars. 

4. To the Secretary of State, for the years 1839 and 1840, Sec. State 
the sum of three thousand dollars, including clerk hire- for ^ 
copymg laws, making index to journal of the Senate, and 

House of Representatives, and laws, making marginal notes, 
and index to laws, the sum of eight hundred dollars. 

5. To the Judges of the Supreme Court, each three thou- Judges Su- 
Sand dollars. preme Court. 



114 LAWS OF ILLINOIS. 

JudgesCir.Ct. C. To the Judges of the Circuit Court, each two thousand 

dollars. 
Att'y Gen'l. 7. fo the Attorney General, eight hundred dollars, and 
State's Att'y. State's Attorneys, each seven hundred dollars. 
Isp'r Pen'ry. ^* ^^ ^^^ inspectors of the penitentiary, three dollars per 
Proviso. day: Provided, That no one of the inspectors shall receive 

more than one hundred and fifty dollars per annum. 
Sec'y Council 9. To the Secretary of the Council of Revision, five dollars 
of Revision. ^^^ ^^^^ 

Speaker H.R. Sec. 4. There shall be allowed to the Speaker of the 

Speaker Sen. House of Representatives, and the Speaker of the Senate, 
each, the sum of seven dollars per day, and six dollars for 

Mileage. every twenty miles necessary travel, in coming to and return- 
ing Irom the seat of Government of this State. 

Sen'rs«&:. Reps. 2. To each member of the Senate and House of Repre- 
sentatives, the sum of four dollars per day for every day's at- 
tendance at the present session of the General Assembly, and 

Mileage. ^^m. fjoHars for every twenty miles necessary to travel in com- 
ing to, and returning from, the scat of Government. 

Sec'y Senate. 3 To the Secretary of the Senate, and principal clerk of 

Prin'l cl'k H. ^\^q House of Representatives, six dollars per day. 

E.^Z.^Ryan. 4. To E. Z. Ryan, the sum of six dollars per day, for each 
day's service as assistant clerk to the House of Representa- 
tives. 

And.Johnson. 5. To Andrew Johnson, the sum of six dollars per day for 
his services as assistant clerk to the House of Representa- 
tives, for each day he may have served as such. 

E.&E. clerks g. To the engrossine; and enrolling clerk of each House, 
of eachHouse. /. i n j 

five dollars per day. 
Door-keepers, r^^ -p^ ^j^^ door-keeper of each House, four dollars per day. 
Ass't door- g^ rjy^ ^YiQ assistant door-keeper of each House, four dollars 

keepers. , -r ' 

per day. 

Sec'y Senate 9. To the Secretary of the Senate, and principal clerk of 
^J^*^ P""-,^^''' the House of Representatives, the sum of four hundred dol- 
lars each, for furnishing a copy of the journals of the pro- 
ceedings of the two branches of the Legislature for publica- 
tion. 
„ 10. To each member of the committee appointed to ex- 

com. on Pen. amine into the condition of the penitentiary at Alton, the 
sum of four dollars for every twenty miles' travel in going to, 
and returning from, Alton; said compensation, when due the 
members and officers of the Senate, shall be certified by the 
Secretary thereof, except his own, which shall be certified 
by the Speaker; and said compensation, when due the mem- 
bers and offiers of the House of Representatives, shall be cer- 
tified by the principal clerk of the House, except his own, 
which shall be certified by the Speaker; which certificate, so 
made out, shall be a sufficient voucher to the Auditor to draw 
his warrant on the Treasurer for the amount to which each 
person shall be entitled as aforesaid, to be paid out of any 
money in the treasury not otherwise appropriated. 



LAWS OF ILLINOIS. 115 

Sec. 5. The Auditor of Public Accounts shall isssue his ^"^^'^^J^.^^ j^' 
warrantor! the Treasurer, in favor of the different persons j"^ ^^^^'^"^^ 
hereinafter named, for the several sums annexed to their re- 
spective names, to wit: 

1. To W. C. Murphy, door-keeper of the House, thirty- w. C. Murphy 
two dollars, for eight days' services, in going to Jacksonville 

and Meredosia, to summon witnesses. 

2. To the assistant engrossing and enrolling clerks, four Ass't E. & E. 
dollars per day, the number of days to be certified by the en- clerks, 
grossing and and enrolling clerk. 

3. The door-keeper of the Council of Revision, three dol- Doorkeeperof 
lars and fifty cents per day, the number of days employed ^.°1'"'''^^°^^^" 
to be certified by the clerk of said Council. *" ' 

4. There shall be allowed the Governor, for office-rent, and Governor, 
necessary traveling expenses, the sum of one thousand dol- 
lars, one-half of which shall be paid on the passage of this 

act, and the other half on the first of March, 1840. 

5. To Robert Hening, for services eighteen days, in carry- R. Hening, 
ing messages, and other papers, to the clerk's table, three 

dollars per day. 

To F. and H. C. Remann, the sum of one hundred and fifty- F.&H.C. Re- 
nine dollars and eighty-four cents, for articles furnished for™^°°' 
the State. 

To John W. Johnson, the sum of two hundred and twenty- J-W.Johns on 
nine dollars and twenty-five cents, for articles furnished the 
State. 

To Thomas B. Hickman, the sum of three hundred and T.B.Hickman 
sixty-five dollars forty-five cents, for work done for the State. 

To Thomas B. Hickman, the sum of eight dollars, for a T.B.Hickman 
table for the use of the State. 

To M. Flack, the sum of three dollars, for articles furnish- M. Flack, 
ed the State. 

To John S. Roberts, the sum of three dollars per day, for J- S. Roberts, 
attendance on the court room. 

To Moses Phillips, the sum of thirty-five dollars, for articles ^^- Phillips, 
furnished the State. 

To N. M. McCurdy, the sum of fifty-seven dollars, for ar- N. M. McCur- 
ticles furnished for the use of the State. '^^' 

To Thomas B. Hickman, the sum of fifteen dollars, for T.B.Hickmaa 
work done and articles furnished for the use of the State. 

To Ebenezer Capps, the sum of eighty-four dollars and E. Capps, 
fifty-seven cents, for articles furnished the State. 

To Willis and Maddox, the sum of nine dollars, for articles Willis & Mad- 
furnished the State. ^^^i 

To Redmond and Tindall, the sum of" six dollars and twen- Redmond &. 
ty-five cents, for articles furnished the State. Tiudall, 

To A. E. Ames, the sum of one hundred dollars, for services A. E. Ames, 
rendered in the Secretary of State's office, at the present session. 

That the Treasurer of the Board of Commissioners of the 
Illinois and Michigan canal shall be entitled to receive the ui^and Mi°ch. 
same compensation for services rendered by him in the dis- canal, 



116 



LAWS OF ILLINOIS. 



D. Crotzer, 



Graves, 
Sh'ffof Sup. 
Court, 



A. Ferguson, 
A. Johnson, 

Jas. McDou- 
gald, 

No. of days 
D.B.Campbell 



J. Craig, 



J. C. Bruner, 



W. Atkins, 



C. B. Block- 
burger, 

I. Allen, 



Cl'k investi- 
gating com. 



Witnesses of 
invest, com. 



charge of his trust as is now allowed the President and act- 
ing Commissioners of said Board, subject, however, to the 
same restrictions, in relation to him, as exist in relation to the 
President and acting Commissioners; the same to be paid out 
of the canal fund. 

To Daniel Conobzree, five dollars, for repairing stove-pipes 
three several times. 

To William Graves, two dollars, for once doing the same. 

That the sheriff who has attended upon the Supreme Court 
during its present session, and who will officiate at its future 
session, until otherwise directed by law, shall be allowed the 
sum of four dollars per day for his services; the number of 
days to be certified to by any one of the Judges of the Su- 
preme Court. 

To Alexander Ferguson, for use of room five weeks, at 
twelve dollars per week, sixty dollars. 

To Andrew Johnson, for one table purchased for commit- 
tee, six dollars. 

To James McDougald, clerk of the Internal Improvement 
committee of the House of Representatives, three dollars 
per day for the number of days actually employed, to be cer- 
tified by the committee. 

To J). B. Campbell, clerk of the Internal Improvement 
committee of the House of Representatives, three dollars per 
day, for every day actually employed, the number of days to 
be certified by the said committee. 

To James Craig, chairman of the committee to examine 
the penitentiary, twenty-six dollars for room-rent and fuel, 
whilst at Alton. 

To J. C. Bruner, the sum of six dollars, for three days' 
attendance as a witness before the select committee appoint- 
ed to investigate the claims of the late warden of the peni- 
tentiary. 

That the sum of seventy-five dollars be allowed and paid 
to William Atkins, being amount of reward offered by J. C. 
Bruner, warden of the penitentiary, for the apprehension and 
return to the penitentiary of How, who escaped from said 
peniteiitiary in eighteen hundred and thirty-six, and was re- 
tnrned on the thirteenth of June, eighteen hundred and thirty- 
eight, by said Atkins. 

To C. B. Blockburger, thirty-six dollars and seventy-five 
cents, for articles furnished for the use of the State. 

To Isaac Allen, twenty dollars for work done on the State 
House in preparing it for the reception of the Legislature in 
eighteen hundred and thirty-six. 

There shall be allowed to the clerk of the joint select com- 
mittee of Investigation, the sum of four dollars for each day's 
services, the time to be certified by the chairman of the com- > 
mittee. 

That there shall be allowed to each of the witnesses sum- 
moned by the committee of Investigation into the conduct of 



LAWS OF ILLINOIS. 117 

the Board of Public Works, the sum of two dollars for each 
day they were compelled to attend, and two dollars for every 
twenty miles travel to and from the seat of Government; and 
the Auditor shall issue warrants in favor of each individual, ^"^"^^^^^^^^"^^^ 
the number of days and miles being sworn to, before any 
qualified person, by the individual presenting such claim, or 
proven by the testimony of any credible witness: Provided, ^^q^i^q 
That witnesses summoned whilst at the seat of Government 
shall not be allowed mileage: Provided, further, That no offi- 
cer of the Government, engineer, or agent, shall be allowed 
any compensation for attending before said committee. 

Sec. 6. To each assistant secretary of the Senate, the Ass't sec. Sen. 
sum of six dollars per day for their services, the number of 
days to be certified by the Secretary of the Senate. 

To J. M. Morse, three dollars, ior twelve bushels of lime. •' • ^- ^''^^^' 

To J. T. Eccles, thirty-seven dollars and fifty cents, for the J. T. Eccles. 
use of a room for the Council of Revision for three months. 

To Edward Jones, forty-five dollars, for fifteen days' ser- Ed. Jones, 
vices in making up the journal of the House of Representa- 
tives, in eighteen hundred and thirty-seven. 

To E. Capps, for articles furnished the State, thirty-seven E. Capps. 
dollars and forty-four cents. 

Sec. 7. To the Speaker pro tern, six dollars per day, while ^P^^^^' P'"" 
serving in that capacity. 

To William Hodge, twenty-six dollars twenty-five cents, Wm. Hodge. 
for printing for the Senate. 

Approved, March 2, 1839. 



AN ACT to authorize Ezra Bakei*, jr. and Henry I. Mills to erect a mill- In force, Feb. 
dam across the Little Wabash river. 12, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That Ezra Baker, jr. Baker & Mills 
of Wabash county, and Henry I. Mills of Edwards coun- ^^yj*^'^^ 
ty, be, and they are hereby, authorized to build a certain mill- 
dam across the Little Wabash river, on the west half of the 
northwest quarter section number seven, township number 
one south, of range number ten east, in Edwards county, not 
exceeding eight feet in height above the head of the stream: 
Provided, That the dam authorized to be erected by this act Proviso, 
shall not interfere with or impede the improvement of the 
navigation of the Little Wabash, as contemplated by the "Act 
to establish and maintain a general system of internal im- 
provement." 

Sec. 2. The said dam shall be constructed with a down- Dam how to be 
stream slope, of two feet horizontal to one foot perpendicular constructe . 
rise, well and sufficiently planked over, for the purpose of 
allowing the safe passage of the descending trade of the 
rtver; and during the continuance of the said dam, said slope • 

shall be kept in good repair. 



118 LAWS OF ILLINOIS. 

Sec. 3. The State of Illinois reserves the right of con- 
Lock, simce, gtructing a lock, sluice, or other device, for the passage of the 
trade of the river around or over the site of the said dam, 
vrhenever it may be deemed advisable so to do for the im- 
provement of the navigation of the said river, free from 
charge, for the right of way, by the said Baker and Mills, their 
successors and assigns. 

Approved, February 12, 1839. 



In force, Feb. AN ACT to amend "An act concernina: the rie;ht of way." 

12,1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly, That in all cases where a 
jury of freeholders, or other citizens, are or may be appoint- 
ed, under the authority of any town or city in this State, to 
inquire into and take into consideration the benefits as well 
as the injury which may accrue, and estimate and assess the 
damages which would be sustained, by reason of the opening, 
extending, or widening of any street, lane, alley, or road, the 
Owners of real owner or owners of any real estate proposed to be taken for 
estate. t|je purpose aforesaid, or any person aggrieved by the appor- 

tionment and assessment for the purpose of making payment 
to the person or persons whose property shall be taken for said 
Appeal. purposes, may appeal to the circuit court of the county with- 

in the same time, and under the same regulations and rules as 
are or shall be provided by law for taking appeals from the 
judgment of justices of the peace; and the circuit court shall 
proceed upon such appeal as in other cases of appeals from 
the judgment of justices of the peace, and render such judg- 
ment therein as shall be consistent with law and justice. 
Sec. 2. This act to take effect from and after its passage. 
Approved, February 12, 1839. 



In force Feb 
26 1339 ' -^^ ACT to legalize the survey of the town of Carthage. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That the survey and plat 
thereof, made in the year 1838, of the town of Carthage, in 
Hancock county, and now on file, to be recorded, in the office 
of the recorder of said county, be, and the same is hereby, 
PlatlegalizeJ. jgga^li^ed, and established, as the proper survey and map 
thereof; and that all other surveys of said town heretofore 
made be, and the same are hereby, vacated. 

Certificate of This bill having remained with the Council of Revision ten days, and 
Sec. State. the General Assembly being in session, it has become a law, this 26th Feb- 
ruary, 1839. 

A. P. FIELD, Secretary of State. 



LAWS OF ILLINOIS. 119 

An act to change the name of the town of Augusta, in Pike county. In force, Feb. 

16, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assemble/, That the name of Augus- 
ta, in Pike county, be, and the same is hereby, changed to 
that of Florence. 

Approved, February 16, 1839. 



AN ACT to authorize the county commissioners of Peoria and other ^" force, Feb. 
counties to lease certain offices. ^^i 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county commis- 
sioners' courts of the counties of Peoria, Putnam, Fayette, 
Greene, and Vermilion, are hereby authorized to lease such 
vacant room or rooms, as offices, as may be in their respective 
court houses, and not occupied by and furnished for the seve- 
ral court offices as required by law, for any term not exceed- 
ing one year, and for such rent or rents as they may think ^ 
right and proper. 

Sec. 2. The county commissioners of the aforesaid coun- 
ties shall have the care and custody of the court houses in 
their respective counties, any law to the contrary, notwith- 
standing. 

Approved, February 16, 1839. 



AN ACT to change the name of the town of Savannah, in the county of In force, Feb. 
Warren. ' 15, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly. That the name of the Name of town 
town of Savannah, in the county of Warren, be,^ and the same ^ ^°^^ • 
is hereby, changed to that of Cold-Brook. This act to take 
efiect from and after its passage. 

Approved, February 15, 1839. 



AN ACT to authorize the county commissioners' courts to recover certain In force, Feb. 
moneys by them heretofore loaned. 15^ 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county commis- Com'rs may 
sioners of the several counties in this State, who have receiv-^'^^^'^^™°°^^- 
ed appropriations under the act, entitled "An act to establish 
and maintain a system of internal improvements," approved 
the 27th of February, 1837, shall have power, in their corpo- 
rate capacity, to sue for and collect the moneys so received, in 
cases where such money has been loaned. 



120 LAWS OF ILLINOIS. 

Sec. 2. It shall be the duty of the county commissioners 
to appropriate all moneys, which they have or may receive 
under the provisions of the before recited act, to the purposes 
required by law, at as early a period as practicable; and for 
any unreasonable delay in making said appropriations, or for 
applying the money to any other purpose than that provided 
by law as aforesaid, each of the county commissioners shall 
be liable to be indicted for negligence in discharging their 
duties, and, upon conviction, shall be severally fined in any 
sum not less than fifty dollars, nor exceeding on€ thousand 
dollars, and shall moreover be subject to removal from office, 
upon the recommendation of the jury rendering the verdict: 
Proviso. Provided, That where the moneys herein alluded to have been 

loaned, the county commissioners shall not be compelled to 
collect the same, only as it may be usefully disbursed by them. 
Approved, February 15, 1839. 



In force, Feb. AN ACT to provide for the appointment of additional judges of elections 
15, 1839. in Coles and other counties. 

' Sec. 1. Be it enacted, hy the People of the State of Illinois, 
Comm'rs of represented in the General Assembly, That the county com- 
no'^& Vermi"- ™^^^^^^''^' ^ourt of Coles, McDonough, and Vermilion coun- 
ion'to appoint. ties, shall have the right to appoint another set of judges of 
new judges of elections for the precinct in which the county seat is situated, 
e ections. ^^^^ 2^ ^^-^ judges, SO appointed, shall in all respects be 

governed, and their proceedings regulated, by the law regu- 
lating elections. 

Sec. 3. That all that tract of country lying within the 

following limits, to wit: Commencing at the southwest corner 

of Coles county, running east, twelve miles, to the line of the 

land district; thence, north, ten miles; thence,west,to the line 

of said county; thence, south, to the place of beginning, shall 

Election pre- hereafter constitute an election precinct, and be placed upon 

^J,"*^j[j"^ ^°^®® the same footing as other election precincts; and elections 

shall be holden at the town of Woodbury, in said precinct. 

Approved, February 15, 1839. 



In force, Feb. AN ACT establishing ferries on school lands for the use of the inhabitants 
16, 1838. of townships. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there shall be, and 
Ferry privi- ^liere is, hereby, granted to the inhabitants of the several town- 
leges granted, ships in this State, the right of all ferry privileges, in all cases 
where the school land belonging to the inhabitants of such 
township embraces a stream or water-course on either side 
thereof, over which, from the establishment of any public 



LAWS OF ILLINOIS. 121 

road, it may be necessary to establish any ferry : Provided, 
That if the school land embraceionly one side of such stream, 
so situated as aforesaid, the said inhabitants of the townships, 
respectively, shall only have the one-half of such ferry privi- 
leges. 

Sec. 2. It shall be the duty of the school commissioner Duty of school 
of each county, respectively, on the first Monday in June, ^°^ ^^' 
one thousand eight hundred and thirty-nine, and every two 
years thereafter, to lease out, to the highest and best bid- 
der, all such ferries as may be so situated on the sixteenth 
section as aforesaid, and execute a lease therefor, and take 
bond in such sum and with such security as he may deem 
proper; which lease and bond shall be recorded in the re- 
corder's office of the county in which the ferry may be; from 
the date of which recording, the lessee of any such ierry 
privilege shall be considered as in possession, and entitled to 
the use of the ferry privile ges since granted, with the right 
to take and receive such toll as the county commissioners' 
courts may prescribe. 

Sec 3. The said school commissioner shall collect, annu- 
ally, the amount of any rent due and owing to the township 
to which such ferry or ferries may belong, and keep and pay j^oneys how 
and dispose of the same in the same manner as the interest expended, 
of other township funds are kept, paid out, and disposed of. 

Sec. 4. If any school land, to which there may attach any Com'r may 
ferry privileges under the provisions of this act, shall be situ- lease, 
ated partly in one county and partly in another, then, and in such 
ease, it shall be the duty of the school commissioner of that 
county in which the largest portion of such school land may 
be situated to lease out the same as herein before provided, 
and to dispose of the same as before directed. 

Sec. 5. Whenever any school lands shall not be situated 
in the township to whose inhabitants it belongs, and such town- 
ship shall lie partly in one county and partly in another, the 
duty of leasing or otherwise disposing of such school land 
shall devolve upon the school commissioner of the county 
containing the greater number of legal voters of such town- 
ship. 

Sec 6. It shall be the duty of the school commissioner Duty of school 
whose duty it may be, under the provisions of this act, to lease com'r. 
any ferry privileges, to advertise the same, at least four weeks 
previous to the regular day of leasing, as herein before men- 
tioned, by advertisement, in some pubUc newspaper, or by 
written advertisements, posted up in four of the most public 
places in their counties, respectively, of the time and place of 
such leasing; and the leasing of all such ferries as are herein 
authorized shall always take place at the county seats of the 
counties, respectively, in which such ferries may be situated. 

Sec 7. The inhabitants of any township may cause a por- 



I 



122 LAWS OF ILLINOIS. 

School lands tion of their school lands to be leased, and another portion of 
may be leased, s^^ia lands to be sold, in the mode prescribed by law, if they 
shall deem the same expedient. 

Sec. 8. Nothing in this act shall be so construed as to prohibit 
the people of any townships from causing the sale of any por- 
tion of their school lands which, by the law now in force, are 
subject to be sold. 

Sec 9. All necessary expenses incurred by the school 
commissioner, in advertising and leasing or selling any school 
lands, as well as his compensation for his services in the prem- 
ises, shall be paid, out of th^; rents or interest of such school 
lands, under the direction of the county commissioners' court, 
if the township owning such school land is not incorporated, 
and under the direction of the trustees of schools of the town- 
ship, if the same is incorporated. 

Approved, February 16, 1839. 



In force, Feb. AN ACT to change a part of the State road from Vandalia to Salem. 
16, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
Com'rs to re- ''"^P^'^^^i^^ in the General Assembly^ That Philip Luster, Rich- 
view, ard Day, Thomas B. Hickman, or a majority of them, shall meet ' 
at the house of Philip Luster, in Fayette county, on the first 
of nTeeting?*^^ Monday of April next, and, after being duly sworn, proceed 
To be sworn, to review, mark, and resurvey, so much of said road as lies 
between Philip Luster's and the bridge on Richland creek; 
Road deemed and the road so located shall be deemed a pubUc road, and 
P" ^^' worked and kept in repair as other State roads, any law to 
the contrary notwithstanding. 

Sec. 2. Be it further enacted^ That the county commis- 
Pay of com'rs. gioners of Fayette shall allow all reasonable expense incur- 
red by the relocation of said road. 
Approved, February 16, 1839. 



1 c*^i o'otT^^* -^^ ACT declaring the Mauvaise-terre a navigable stream. 

16, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois ^^ 
represented in the General Assembly^ That the Mauvaise-terre 
creek, from its confluence with the Illinois river up to the Ox- 
ville bridge, in Morgan county, is hereby declared a navigable 
- stream and a public highway ; and all laws prohibiting the ob- 
struction of navigable streams and pubHc highways shall be 
deemed applicable to the said creek, between the points afore- 
said. 
Approved, February 16, 1839. 



I ^ LAWS OF ILLINOIS. 125 

IAN ACT to locate a State road from Thornton to Lockport, Plainfield, and In force, Feb. 
Blackberry creek, approved February 27, 1837. 16, 1839. 

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

represented in the General Assembly^ That Aaron Hopkins, Com'rs. 

Charles Gooding, and John Simpson, (all of Will county,) be, 

jmd they are hereby, appointed commissioners to review and p . ^ j 

I'elocate all that part of said road as leads from Thornton to relocated. 

Lockport. 

j Sec. 2. Said commissioners, or a majority of them, shall Time & place 

jneet at Thornton, at a convenient time on or before the fourth ofmeenng. 

lay of July next, and being duly sworn before some justice of To be sworn. 

i;he peace of the county, faithfully and impartially to discharge 

[Jie duties required of them by this act, shall proceed to 

I'eview, remark, and relocate, said road on the nearest and 

jest ground for a permanent road, having due regard to pri- 

i^ate property. 

Sec. 3. They shall return a plat of said road, so located, Plat of road. 
the county commissioners' court of Will county, giving the 
:ouj-ses and distances, to be recorded, establishing the same 
3ighty feet wide, and which shall be opened and kept in re- 
pair as other State roads are. 

Approved, February 16, 1839. 



AN ACT declaring Mill and Big creeks navigable, in Clark county. Jn force, Febo 

16, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
Represented in the General Assembly, That Mill creek, in Part of Mill 
Plark county, from its mouth up to the mill lately erected by creek declar- 
i^awrence Hallenbeck, be, and the same is hereby, declared ®^ navigable. 
jL navigable stream; and that Big creek, from its confluence Big creek, 
vith the Wabash river up to the mill formerly built by Durell, 
,3 also declared a navigable stream. Said creeks, so far up 
!is above stated, shall never be obstructed, to prcventfree navi- 
jjation, by the erection of mill-dams or otherwise. 

Sec. 2. Whenever the commissioners' court of said county Agent to open 
hall deem it advisable, an agent shall be appointed to open creeks, 
aid creeks; and shall appropriate any sum, not less than one 
lundred dollars, on each creek, to be disbursed by said agent 
)r agents, with such sums as may be subscribed by individuals, 
Q opening and improving, to the best advantage, the navi- 
jation of said streams. 

Sec. 3. Said agent or agents may cut down and remove Timber to be 
my timber in and bordering on said creeks, and to straighten removed, 
he channel by cuts through lands, in making said improve- 
nents. 

Approved, February 16, 1839. 



124 LAWS OF ILLINOIS. i 

I 

In force, Feb, AN ACT to locate a State road from Jonesboro, in Union county, to Wi ! 
16, 1839, liam T. Ryburns, in Franklin county. ' 

I 

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

represented in the General Assembly^ That Joseph Lamar (i 

Com'rs to Union county, John Munden of Jackson county, and Williar ; 

locate road. T. Ryburn of FrankHn county, be, and they are hereby, a{i 
pointed commissioners to review, mark, and locate, a Stat j 
road from Jonesboro, in Union county, by way of Jonaj 
Vancil's, in Jackson county, to William T. Ryburn's, sen j 
in Franklin county, over the best and nearest route, so as tj 
intersect the Brownsville road leading to Frankfort. \ 

Time and Sec. 2. The said commissioners, or any two of them, sha j 

p^ace ofmeet-pfjeet j^ ^he town of Jonesboro on the first Monday of Apr! 

^' next, or within ninety days thereafter, and having been dul ; 

sworn before some justice of the peace, faithfully to perfori; 

the duties required of them by this act, shall proceed to vie^ i 

mark, and locate said road from point to point; and thei! 

port.'"^*' ^^' ^^^^^ make a report in writing to the next county commissioKJ 
ers' court thereafter; which said report shall form a part of th j 
records of said court; and the said road, so laid out, shall t; 
deemed a State road, and shall be opened not less than sixt 

Width ofroad fgg{. ^ije, and kept in repair as other State roads are. 

Fay of com'rs. g^c. 3. The county commissioners' court of each of th 
aforesaid counties through which the said road passes sha 
pay their proportionate part of the compensation of said con 
missioners, out of the county treasury of each county, at th 
rate of two dollars per day for the number of days in whic 
they shall be actually employed in reviewing, marking, an, 
locating said road. 

Approved, February 16, 1839. 



In force, i eb. AN ACT supplemental to the act, entitled "An act to define the extent > 
16, 1839. possession in cases of settlement on the public lands," approved Februai 

Sec. 1. Be it enacted by the People of the State of lUinoi 
represented in the General Assembly^ That the said act \ 
which this is supplemental shall be construed to mean, and \ 
Legal posses- give to the claimant, the legal possession (for the purpose 
mentioned in said act) of three hundred and twenty acres ( 
the custom of the neighborhood extends to that number) ( 
unsurveyed lands, or one hundred and sixty acres of surveye 
lands, whether the same be in one or more separate parcel 
and that the claimant shall reside on or near the same ; an 
that the claim of unsurveyed lands be so plainly marked that : 
• can be designated from the adjacent lands. 

Approved, February 16, 1839. 



LAWS OF ILLINOIS. 125 

AN ACT concerning the public revenue of the county of Knox. In force, Feb. 

16, 1839. 

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

presented in the General Assembly, That so much of the 
veral revenue laws of this State as requires the State Trea- 
irer to pay the county commissioners of Knox county, for the 
;eof said county, any sum or sums of money, be, and the Laws repeal- 
.me is hereby, repealed; and hereafter the sheriff of the ^Jty of sh'ff. 
3unty of Knox shall pay into the county treasury the amount 
' the tax collected by him on lands lying within the said 
)unty, at the same time, and in the same manner, as is pro- 
ded by law for all the counties in this State, except the coun- 
6s on the mihtary bounty tract. This act to be in force from 
ad after its passage. 

Approved, February 16, 1839. 



! 

JN ACT to locate a State road from Naperville, in Cook county, to In force,'Feb-- 
Indian creek, in McHenry county . 16, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
presented in the General Assembly, That Richard M. Sweet, ^ 
rederick T. Minor, and Noah Stephens, of Cpok county, be, locate road, 
id they are hereby, appointed commissioners to view, mark, 
^id locate, a State road from Naperville, in Cook county, 
a Babcock's Grove, Meachum's Grove, Elk Grove, to Indian 
reek, in McHenry county. 

Sec. 2. The commissioners aforesaid, or a majority of Time & place 
lem, shall meet at Naperville on the first day of May, or with- of meeting. 
I three months thereafter, arid, having been sworn by a jus- 
ce of the peace, faithfully to discharge the duties required of 
lem by this act, shall proceed to view, mark, and locate, said 
)ad, keeping in view the shortness of the route and ehgibili- 

of the ground, so as to make the same a permanent road* 

Sec. 3. The said commissioners, as soon as they have Map to be 
ompletedsaid work, shall make out a map of said road, giving lodged with 
le courses and distances, to be lodged with the clerk of the f^^^'f^ ^^' 
bunty commissioners' court through which the said road may 
ass; which shall be recorded at length in thp books of said 
ourt. I 

Sec. 4. The county commissioners' court of said counties Pay of com'ra, 
hrough which the said road may pass shall allow the said com- 
lissioners a reasonable compensation for their, services, in pro- 
ortion to the length of said road in the several counties 
tirough which said road may pass; and the said county com- 
missioners shall cause said road to be opened ^nd kept in re- 
air in the same manner as other State roads. 

Approved, February 16, 1839. 



126 LAWS OF ILLINOIS. 

In force, Feb. AN ACT to change the name of the town of Mechanicsburg, in St. Clair 
16, 1839. county. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That the town of Me- 
chanicsburg, in the county of St. Clair, which has been laid 
off agreeably to law, and a plat thereof recorded pursuant to 
Nameoftown the statute in such cases, shall be, and is hereby, changed to 
changed. that of Muscaulah; by which latter name it shall be known 
and called in all public records; and in all legal transactions 
where it may be necessarry to name said town, the name of 
Proviso. Muscautah shall be used: Provided^ however, That the change 

of the name of said town shall in nowise affect any contracts 
or conveyances heretofore made, or any other legal transac- 
tions whatever. 

Sec. 2. This act shall take efTect from and after its pas-t 

ge. 

Approved, February 16, 1839. 



In force, Feb. AN ACT to create and organize the county of Scott 

16, 1839. ^ 

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

lcot°'^co'^'°^^*^""*^^^^*"^*® ^"*^^ following boundary, to wit: Beginning, 
in the centre of the channel of the Illinois river opposite the 
line between townships fifteen and sixteen north; thence, run- 
ning east, on said hne, to the line between ranges twelve and 
thirteen; thence, south, on said range line, to the northwest 
corner of section eighteen, in township fifteen north, range 
twelve Avest; thence, east, to the line between ranges eleven 
and twelve; thence, south, to the northwest corner of section 
. eighteen; thence, east, to the northwest corner of section 
sixteen; thence, south, to the northwest corner of section 
twenty-eight; thence, east, to the northwest corner of section 
. twenty-six; all in township fourteen north, lange eleven west; 
thence, south, to the hne dividing Morgan and Greene coun- 
ties; thence, west, with said line, to the centre of the channel 
of the Illinois river; thence, north, with the channel of said 
river, to the beginning; which shall constitute a county, to be 
called Scott. 

Election. Sec 2. There shall be an election held on the third Mon- 

day in March next, at the town of Winchester, and at the 
different places of voting, for justices of the peace and consta- 
bles in the limits of the said county of Scott. The election 
shall be conducted by the present judges of election in said 
county, who have been appointed by the county of Morgan, 

County offi- according to the 3lection laws of this State; at which election 

cers- the legal voters of the county of Scott shall elect all county 

ofhcers for the ccunty, M^ho shall be qualified and commissioned 



LAWS OF ILLINOIS. 127 

las similar officers are in other counties of this State. Said 
Officers, so elected and qualified, shall hold their offices until 
ithe next ensuing regular election for such officers now provid- 
pd bj law; and shall have the same jurisdiction, and discharge 

the duties, in the limits oi the county of Scott, that are 
required by law of similar officers in other counties of this 
State, 

Sec. 3. Within five days after said election, the judges Poll-books. 
of election at the diffi3rent places of voting, shall return 
the poll-books of said election to the town of Winchester, di- 
rected to Ira Rowen, John Hanback, and Samuel Peak, three 
acting justices of the peace in the limits of said county; and 
the said justices shall meet in the town of Winchester within 
seven days after said election, and proceed to open said elec- 
tion returns, and to do and perform all the duties in relation 
to said returns that are required by law of the clerks of county 
commissioners' courts in relation to similar returns. 

Sec. 4. As soon as the county officers shall have been County, when 
elected and qualified as provided for in this act, the county °^sa-nized, 
shall be considered organized, and the clerk of the county 
commissioners' court shall give notice of the same to the judge Clerk circuit 
of the first judicial circuit, who shall appoint a clerk of the ^^"'"^ appoint- 
circuit court, and shall hold courts in the said county, in the ^ ' 
town of Winchester. Said county of Scott shall form a part Scoti in 1st 
of the first judicial circuit till otherwise ordered by law. j"*^- circuit. 

Sec. 5. Suits and indictments that have been commenced. Suits in Mot- 
or may hereafter be commenced, in the circuit court of Mor- ^^^ ^°' 
gan county, by any of the citizens living in the limits of the 
county of Scott, before the organization thereof, shall not be 
affected by this act; but all such suits, so commenced, shall be 
decided in the circuit court of Morgan county. 

Sec 6.- The said county of Scott shall, at the next regu<- Scott, one Re- 
lar election for Senators and Representatives to the General pi'^sentative. 
Assembly, be entitled to elect one Representative to the 
General Assembly; and the county of Morgan four Repre- Morgan, four, 
sentatives; and the county of Scott shall vote with Morgan ^^ott & Mor- 
to elect one Senator, until the next apportionment of Repre- ^^ ° °"^ ^^^' 
sentatives provided ibr by the constitution of the State. 

Sec. 7. All justices of the peace and constables elected 
in the county of Morgan, who reside in the limits of the 
county cf Scott, shall held their offices and have jurisdiction 
in the said county of Scott, as lEhoughthey had been originally 
elected in the said county. 

Sec. 8. The school funds belonging to the several town- School fund, 
ships in said county, and all notes and mortgages pertaining 
to the same, shall be paid and delivered over to the school 
commissioner of the county of Scott, by the school commis- 
sionero f the county of Morgan, so soon as the said county 
shall be organized, and the commissioner of school lands 
appointed and qualified according to law, together with all 



128 LAWS OF ILLINOIS. 

interest arising out of said money that has not been heretofore 
expended for school purposes in that part of Morgan county 
now included in the county of Scott. 
County seat. Sec. 9. The seat of justice of said county shall be, ,and 
permanently remain, at Winchester, upon the following con- 
dition: That the president and trustees of said town consent 
that the court house of said county shall be upon the public 
square, or on a lot adjoining said square, at the option of said 
president and trustees; said lot to be procured by said presi- 
dent and trustees, and a good title conveyed to said county, 
and shall erect a court house thereon for the use of said county, 
upon a plan and with materials to be agreed on by the" 
county commissioners of said county, within three years from 
the time at which the said county commissioners shall agree 
upon such plan and materials and notify the president and 
trustees thereof: Provided^ The cost thereof shall not exceed 
three thousand five hundred dollars: And^ farther^ That said 
Jail. president and trustees will build a jail for the use of said 

county, upon a lot or place procured by the said president and 
trustees, within the limits of the land included in the town 
plat, or some addition to said town, and not to contain less 
than one-fourth of an acre of ground, upon a plan agreed upon 
^ by the county commissioners of said county, within two years 
from the time said county commissioners shall agree upon a 
Provi P^^'^ ^^^ notify said president and trustees thereof: Provided, 

The cost thereof shall not exceed one th©usand five hundred 
dollars: Provided, further, That if the court house shall cost 
more than the sum herein specified, the excess shall be deduct- 
ed from the cost of the jail, or, if less, the difference to be added 
to the price of the jail if necessary, it being the object of this 
section to require an economical expenditure of five thousand 
dollars, by the president and trustees, in the erection of the 
court house and jail, and no more; and that sum may be used 
in building the court house alone, or may be divided in the 
erection of both the buildings, in such proportion as the county 
commissioners of said county shall direct; and that the afore- 
said expenditure shall be made within the time agreed for the 
erection of said buildings. 
President and Sec. 10. In order to secure the payment of the five thou- 
trustees to g^nd dollars mentioned in the preceding section of this act, the 
give on . president and trustees of the to wj^ of Winchester are hereby 
required, in four months after the organization of the county of 
Scott, to execute a bond to said county of Scott, in the penalty 
of six thousand dollars:, with such security as shall be approved 
of by the county commissioners of said county, with the con- 
dition that, if the president and trustees shall faithfully comply 
with all the provisions of this act, said bond to be null and 
void, otherwise to remain in full virtue and force in law and 
equity. If the president and trustees shall deem it proper, in 
order to raise the said five thousand dollars, to levy a tax, 
they are hereby authorized, for the next four years after the 



LAWS OF ILLINOIS. 129 

passage of this act, to lavj a tax of three per centum per an- 
num, on all real estate within the limits of the corporation of 
the town of Winchester. And the said president and trus- 
tees shall have power to make such ordinances and by-laws as 
shall secure the assessment and payment of the three per cent., 
until the said sum of live thousad dollars is raised, and no 
longer: Provided., Said hy-laws and ordinances shall not be 
inconsistent with the con3!;itution and laws of this State. All 
bonds, notes, or subscriptions, that may hereafter be made or 
executed, for the purpose of building public buildings in the 
town of Winchester, made payable to the president and trus- 
tees of the town of Winchester, or any other person, are 
hereby declared valid, and may be sued on and collected by 
law; all such suits to be commenced in the name of the per- 
son or persons to whom payment was to have been made, for 
the use of the county of Scott. 

Sec. 11. In case of failure on part of said trustees to com- 
ply with the foregoing sections, the county commissioners' 
court of said county shall locate the county seat of said county 
atsom3 ehgible point at or netir the centre of said county; 
and shall make it a condition in the location, that at least 
twenty acres of land shall be conveyed to the county, to be 
laid otf into town lots, streets and alleys; and the proceeds of 
the sal^s of said lots to be appropriated to the erection of pub- 
lic buildings for the use of said county. 

Sec. 12. In order to ascertain the cost of the buildings 9°^^ *'^>^"^^'^" 
required by the preceding sections, the county commissioners'"^^' 
shall, so soon as they agree upon the plan of said buildings, ap- 
point two competent mechanics to act with two to be appointed Mechnnica 
by said president and trustees, and a fifth to be chosen by the mTe"b^l'o? 
four appointed as aforesaid, to make a full and definite bill of work, &o. 
the work and materials required in the erection of said build- 
ings, and the cost and value thereof; and the persons so se- 
lected shall make such bill of work and materials, and the 
value thereof, and deliver one copy of the same to the county 
commissioners' court or to their clerk, and one copy to said 
president and trustees or, their clerk; which bill, when so made 
by said mechanics, shall be conclusive upon the parties, and 
shall regulate them in the application of the five thousand dol- 
lars: Provided, hf)wevc?, That no mechanic shall be chosen un- 
der t\^Q provisions of this section who resides in the town of 
Winchester. The foregoing committee of mechanics shall, 
before entering on the duties assigned them by this section, 
each take an oath or afiirmation, faithfully and impartially to 
discharge the duties assigned them by this section. 

Sec. 13. In case any one of the county commissioners of 
Morgan county shall be included in the county of Scott, an 
election shall be held in the county of Morgan, to fill the va- Vacancy, 
cancy thereby created, as in other cases of vacancy. 

Sec. 14. Until anew apportionment can be made of in- School fund, 
terest on the school, college, and seminary funds, the school 



130 LAWS OF ILLINOIS. 

commissioner of Morgan county shall apportion that fund 
among the schools in the counties of Morgan and Scott as 
though it was all the county of Morgan. This act to take 
effect from and after its passage. 
Approved, February 16, 1839. 



In force, Feb. AN ACT to authorize the clerk of the Madison circuit court to procure the 
19, 1839. rebinding of certain records. 

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

represented in the General Aesembly, That the clerk of the cir- 

Clerk may cuit court of the county of Madison be, and he is hereby, 

have records authorized to take and convey the record books of said court 

to anyplace he may select, for the purpose of having the same 

rebound in a proper and substantial manner; and when said 

records shall be so rebound, the said clerk shall return the 

same to the office of the clerk of the Madison circuit court, 

without diminution or injury. 

Approved, February 19, 1839. 



rebound. 



In force, Feb. AN ACT to constitute the town of Manchester a justice and constable's 
19, 1839. district. 

Sec 1. Be it enacted by the People of the State of Illinoisy 
represented in the General Assembly^ That from and after the 
passage of this act, the corporate limits of the' town of Man- 
Justice's dis- Chester shall constitute a justice and constable's district. The 
trict. legal voters of the corporation of said town shall, on the first 

Time of elec Monday in April next, and on the first Monday in April, every 
^^°'^' fourth year thereafter, elect, in said corporation, one justice of 

the peace and one constable, who, when elected and qualified, 
Jurisdiction shall have concurrent jurisdiction with other justices of the 
of justice. peace and constables in the county of Morgan, and shall hold 
their offices for the same term, and be subject to the same 
laws. This act shall not be construed so as to prevent the 
citizens in the Manchester district from electing two justices 
of the peace and two constables, as now provided by law. 
The citizens living in the said corporation shall not vote with 
the district for the two justices of the peace and constastables 
to be elected in the district; nor shall the district vote with 
the corporation for the justice and constable to be elected in 
the corporation. 

Approved, February 19, 1839. 



LAWS OF ILLINOIS. 131 

AN ACT supplemental to "An act to authorize Ezra Baker, jr. , to erect a In force, Feb. 
mill-dam near Coffee island, on the Great Wabash river." 19, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Ezra Baker, jr., be, 
and he is hereby, allowed the further time of two years, from Time extend- 
December next, to complete his dam at the Coffee Island rip-ed to build 
pie; and he is hereby further authorized to increase the ^^^^^^" 
height of his dam, so as to create a pool corresponding in height Pool, 
with that now contemplated, or hereafter to be created, by 
the improvements made, or hereafter to be made, by the State 
of Illinois and Indiana, at the head of Coffee island. 

Approved, February 19, 1839. 



AN ACT to authorize A. and S. S. Phelps to establish a ferry across the In force, Feb. 
Mississippi river, at the town of Oqnawka. 19, 1839. 

' ■ Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Alexis Phelps and 
Stephen S. Phelps be, and they are hereby, authorized to 
establish and keep a ferry, for ten years, across the Mississippi Ferry estab- 
river, at the town of Oquawka, in the county of Warren, in ^^shed. 
the State of Illinois. 

Sec. 2. The said Phelps shall cause said ferry to be fur- Sufficient boat 
nished with a tight, good boat, and sufficient for the speedy 
and safe transportation of all passengers, their teams, horses, 
cattle, and effects. Said boat shall be furnished with men of 
suitable strength and skill to manage the same. 

Sec. 3. The said Phelps shall receive such rates for cross- '^oJ's. 
ing at said ferry as are now allowed them by the county 
commissioners' court of Warren county; and in the manage- 
ment and regulations of said ferry, the said Phelps shall be 
governed by the requisitions of the act, entitled "An act to 
provide for the establishment of ferries, toll-bridges, and turn- 
pike loads," approved, February twelfth, eighteen hundred 
and twenty-seven. 

Approved. February 19, 1839. 



AN ACT to authorize the county commissioners of Peoria county to change In force, Feb . 
a certain State road. 19^ 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county commis- 
sioners of the county of Peoria be, and they are hereby, au- Oom'rs to 
thorized to alter, change, and relocate, so much of the State change part 
road leading from Peoria to Stephenson as lies between the °' ''°^<i- 
north line of township ten north, range seven east, and 
the town of Peoria, in said county of Peoria. In making the 



132 LAWS OF ILLINOIS. 

said change or relocation, the county commissioners shall be 
governed, in all respects, by the law now in force providing 
for the relocation of county loads. 
Plats. Sec. 2. Whenever the aforesaid alteration shall be made^ 

and the plats returned to the county commissioners' court as 
required by law, the same shall be, together with the whole of 
the aforesaid road, as laid out by the commissioners appointed 
by an act of the Legislature, entitled "An act to locate a State 
road from Stephenson to Peoria," approved February seventh, 
one thousand eight hundred and thirty-seven, a State road to 
all intents and purposes, and shall be opened, worked, and 
kept in repair, as required by law. 
Approved, February 19, 1839. 

,1 



lu force, Feb. AN ACT concerning the town of Lynnville. 

19, 1839. 

Sec. 1. Be it enacted by the People of the Slate of Illinois^ 
represented in the General Assembly, That the proviso to the 
''^^■Jg",''^''''"^' first section of the act, "entitled "An act to incorporate the 
towns therein named," approved on the twenty-seventh day of 
February, one thousand eight hundred and thirty-seven, so far 
as the same relates to or limits the powers of the president 
and trustees of the town of Lynnville, in Morgan county, be, 
and the same is hereby, repealed. 
Approved, February 19, 1839. 



In force, Feb. AN ACT to authorize the building of a bridge across the Des Piaines river. 
19, 1839. 

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

G. W. Smith represented in the General Assembly, T\vet.\. George W. Smith, 

toH'^bi-idee. ^^^ asscclates and their assigns, are hereby authorized to build 
a toll-bridge across the Des Piaines river, on the northeast 
quarter of section eleven, in township thirty-nine, of range 
twelve, cast of the third principal meridian; and, also, on the 
southeast quarter of section two, in the same township and 
range. 

Rates of toll. <^^^^ Q. The rates of toll for passing over said bridge shall 
be as follows: For every four-wheeled carriage, M^agon, or 
sleigh, with four or more horses, oxen, or mules, fifty cents; 
for every like wagon, or carriage, or sleigh, with [two] horses, 
oxen, or mules, thirty-seven and a-half cents; for every other 
description of carriage, wagon, cart, or vehicle, drawn by 
one animal, twenty-five cents; for a man and horse, twelve and 
a half cents; for a person on foot, six cents; for each horse, 
mule, ass, or head of neat cattle, two cents, and for each head 
of hogs, sheep, goats, or other animals not enumerated, one 
cent. 



LAWS OF ILLINOIS. I33 

Sec. 3. The said bridge shall be be begun and completed Time of com- 
within three years, from and after the passage of this act, and ^^ncement & 
shall at all times, after the completion thereof, be kept in good 
and substantial repair, and admit a safe passage of all persons 
and their property over it, on the payment of the toll herein 
specified. 

Sec. 4. If any person shall do, or cause to be done, any Fine for dam- 
injury or damage to the said bridge, by design, the person so age to bridge, 
doing or causing such injury shall forfeit and pay to the own- 
ers of the said bridge a sum of double the value oi the amount 
of such injury or damage; which may be recovered before a 
justice of the peace, and, if over one hundred dollars, before 
the circuit court of the county in which such bridge shall be 
erected. 

Sec. 5. That in case the bridge shall be destroyed by If bridge shall 
high water, fire, or other casualty, it shall not create a for- ^e destroyed, 
feiture of the rights conferred by this net; but one year shall 
be allowed for the re-erection thereof, after the happening of 
such destruction by any of the casualties named. 

Approved, February 19, 1839. 



AN ACT to increase the corporate powers of the town of Liberty. In force, Feb. 

19, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the president and 
board of trustees of the town of Liberty, in the county of 
Randolph, be, and they are hereby, authorized and empow- 
ered to increase the annual ad valorem tax on town lots to Tjj^^ ^ ^^ 
any rate, not exceeding tAvo and a half per centum, that they increased. 
may at any time think necessary for carrying on public im- 
provements within the limits of said town. 

Sec. 2. Said president and trustees are hereby vested with May borrow 
power and authority to borrow, upon the faith and credit of ™oney. 
the corporation, a sum of money not exceeding twenty thou- 
sand dollars, for the purpose of securing the bank of the river, 
and improving the streets and alleys of said town ; and to 
this end, said president and trustees' may make and execute 
fcertificates of stock, under the seal of the corporation, to be 
styled "Liberty improvement stock;" and the power to borrow style of stock, 
may be executed by the sale of said certificates of stock; and 
said president and trustees shall have power to take and use 
all proper means and measures for the transferring said stock. 
Said certificates of stock shall be redeemed in thirty years. 

Approved, February 19, 1839. 



134 

In force, Feb. 
16, 1839. 



County'Com'rs 
may appoint 
three com'rs 
to locate road. 



Time & place 
of meeting. 



Plat to be re- 
corded. 



Compensa- 
tion. 



LAWS OF ILLINOIS. 

AN ACT to authorize a change in a certain State road therein named. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county commis- 
sioners' court of Edward's county be, and they are hereby, 
authorized to appoint three commissioners, whose duty it shall 
be to review and relocate so much of the State road leading 
from Mount Carmel to Maysville as lies between the west line 
of section twenty-two, township one north, range fourteen 
west, and the place where said road intersects the State road 
leading from Albion to Maysville. 

Sec. 2. Said commissioners shall meet on a day by them 
to be fixed, and after being duly sworn, before some justice 
of the peace, faithfully to discharge their duty, shall proceed 
to make such review and relocation, and shall return a piat 
thereof to the county commissioners' court of said county; 
which shall be filed and recorded therein; and after said re- 
turn, that part of said road as now laid out between said 
points shall be vacated; and the road so located by said com- 
missioners shall be opened, and kept in repair, as other State 
roads are required to be. 

Sec. 3. The county commissioners' court of said county, 
shall allow a reasonable compensation, to be paid out of the 
county treasury, as they may deem reasonable for their ser- 
vices. 

Approved, February 16, 1839. 



Division o*" 



^° ^?'"^Q'qn "^"^ AN ACT disposing of the public property in Vandalia. 

Sec, I. Be it enacted by the People of the State of Illinois, 
State house represented in the General Assembly, That the house on the 
f^f Fa^elteP^'^^^^ Square, in Vandalia, now occupied and used as a State 
and^town^of ^ house, be, and the same is hereby, granted to the president 
Vandalia. and trustees of the town of Vandalia, and to the county of 
Fayette, to be owned, occupied, and used by the said corpo- 
ration and county, in severalty, as follows: The west half of 
said house, making the centre of the passage below and above 
the line of division, shall be used and occupied by the count;f 
as a court house, or place of holding courts, for said county, 
and for public ofiices, and shall be under the control of the 
county commissioners of said county, as other public build- 
ings: the east half of said house shall be under the control of 
the said president and trustees of the town of Vandalia, and 
used for school purposes, and such other purposes as said pres- 
ident and trustees may deem for the interest of the inhabit- 
ants of the town, with this condition, that if, at any time here- 
after, a county seminary shaJl be established in said county, 
the said east half of said house, or such part thereof as may 
be required, shall be used and occupied for that purpose, 



Condition. 



LAWS OF ILLINOIS. 135 

under the control and direction of the authority which may 
govern the said seminary. 

Sec. 2. The county commissioners of Fayette county Fu™^^je^^^^ 
may select a sufficient number of stoves, chairs, and tables, ^°^ ^^P°^^ 
out of the furniture of the State house, for the use of the 
court house and clerks' offices, which shall be delivered over 
to them by the person having charge of the same; and the 
president and trustees of the town shall also select the same 
description of articles for the use of the part of the house 
granted to the corporation; and all furniture remaining in the 
house, after the selection aforesaid, shall be delivered over to 
the president and trustees of said town, to be sold under their 
direction, and the proceeds of sales vested in a library for the 
use of the inhabitants of the town. 

Sec. 3. The square on which the State house stands shall Public square, 
forever remain a public square, subject to be enclosed and 
used as at present, and never to become private property. 

Sec. 4. All the lots owned by the State, situated in Van- Lots in Van- 
dalia, which have not been appropriated to some use, are here- 
by granted to the county of Fayette; and the county com- 
missioners of said county are hereby authorized to sell said 
lots, and appropriate the proceeds of such sale to the making 
or repairing of bridges in the county of Fayette. 

This act shall be in force from the date at which the pub- 
lic offices shall be removed from Vandalia. 

Approved, February 19, 1839. 



AN ACT to reaurvey the town of Mount Vernon. In force, Feb. 

19, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assemble/, That the county surveyor County sur- 
of Jefferson, taking to his aid at least two other competent veyor and 
surveyors, be, and he is hereby authorized and required to re- g^^^ey"Jo^^!" 
survey, agreeably to the original plat thereof, the town of 
Mount Vernon, in said county, and to ascertain the beginning 
corner, (said to be the northeast corner of the pubhc square) 
and mark the same by a durable monument; and from thence 
to survey, and mark, with stakes or stones, the lots, squares, 
streets, and alleys, of said town. 

Sec. 2. Previous to, or in connection with, said survey, the 
said surveyors shall resolve themselves into a board of inquiry. Board of in- 
and shall take an oath faithfully and impartially to perform ^"'^y* 
the duties enjoined upon them by this act, and shall then pro- 
ceed to summon all the citizens of said town, and such others 
of the county as they may see proper, who shall have resided 
therein for at least ten years next preceding the passrge of 
this act, and them to examine on oath, touching any known witnesses on 
corner or points of the original survey of said town, keeping oath, 
minutes of such testimony, and of their proceedings, gener- 
ally; and when they shall have satisfied themselves in respect 



136 LAWS OF ILLINOIS. 

to a beginning corner, and completed a resurvey of said town, 
upon the original lines and corners thereof, or as near thereto 
' as practicable, from the evidence so taken by them, they shall 

make out and sign a report of their proceedings, and return 
the same, with descriptive notes ol corners, courses, bearings, 
distances, &:.c., to the clerk of the county commissioners' court 
Sed""^' *° ^® of said county, by whom the same shall be tiled and carefully 
preserved for future reference. 

Sec. 3. The said resurvey, when so made, as aforesaid, or 
properly authenticated copies thereof, shall be deemed prima 
facia evidence of the boundaries or corners of lots, squares, 
streets, and alleys of said town, in all courts, or other places, 
where the same may or shall be drawn in question. 
Compensa- Sec. 4. The said surveyors shall be paid, out of the cor- 

**°°* poration treasury of said town, the sum of two dollars, each, 

per day, for their services under this act; and all the expenses 
attending the execution of this act shall be paid in like man- 
ner. 

Approved, February 19, 1839. 



Road chans 



In force, Feb. AN ACT declaring the road from Jacksonville to Springfield a State road. 
19, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the road leading 
from Jacksonville to Sprngficld, as now used and traveled, is 
hereby declared a State road, but shall be changed, in the 
county of Morgan, between Reeves' blacksmith shop and 
where the present road passes through the first point of tim- 
ber east of said shop, and from thence to pass, on the present 
traveled road, to the bridge across the north branch of the 
Mauvaise-terre creek; and from thence, on the nearest and 
'best ground, to Trenton; and from thence to where the pres- 
ent road crosses the county line between Morgan and Sanga- 
mon counties. 

Sec. 2. James Henderson, Robert Cassell, and James 
change road. Todd, are hereby appointed commissioners to locate the 
changes hereby required, in said road. They shall meet at 
Reeve's shop, on some day befcre the first day of July next, 
and, upon being duly sworn to discharge the duties required 
of them, shall proceed to discharge the duties required of 
them; and, upon surveying and locating said road, shall make 
^^^^ ' report thereof to the county commissioners' court of Morgan 

county; and in said report they shall note the courses and dis- 
tances from point to point, with such other remarks as they 
may deem necessary; which report shall be entered on re- 
cord; and the route located shall thereafter be the State 
road. 

Approved, February 19, 1839. 



Com'rs to 



LAWS OF ILLINOIS. 137 

AN ACT to change a part of the Grand View and Terre Haute road, in the In force, Feb. 
county of Edgar. 19, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represeMted in the General Assembly^ That that part of the 
road lying between the ford of the creek, near Thomas Hick- 
lins, in Edgar county, and the school house called Independ- 
ence, about a quarter of a mile west of the aforesaid ford, p^^^j ^^ ^^^^ 
be, and the same is hereby, relocated, and placed on the town- relocated, 
ship line between those points, or as near to the line as the 
nature of the ground will permit. 

Sec. 2. The present road shall be kept in repair as usual, 
and used as a public road until the above change is made, 
and the road opened, and made safe and convenient for ser- 
vice; after which time the present road shall be considered 
vacated, and the new part shall be recognized as a part of 
the State road leading from Grand View to Terre Haute. 

Approved, February 19, 1839. 



AN ACT authorizing the building of certain bridges, and changing certain In force, Feb. 
appropriations. 19, 1839. 

Sec. 1. Be it enacted by the People 'f the State of Illinois, 
represented in the General AssemUy, That the county commis- 
sioners of Vermilion county are hereby authorized and re- ^j^^j^'o/ver- 
quired to appropriate, on or before the hrst Monday in June, milion county 
1839, all the means now in their hands, or which may hereaf- 
ter come into their hands, as appropriations, to build a bridge S^^^f^ across 
across the Big Vermilion river, together with all other means, " 
in their hands at that time, over and above a sufficiency to 
pay the current expenses of the county, in the erection of 
three bridges; one across the Little Vermilion river; one One across ^ 
across the North Fork of the Big Vermilion river, either at f"^"^^ Vermil- 
Denmark, or at the place where the State road from Vin-Qne across N. 
cennes to Chicago crosses said North Fork; and one on the fork Big Ver- 
Middle Fork of the Big Vermilion river. ™i^'°°- 

■ Sec. 2. That the proceeds of one hundred acres of the Proceeds of 
Vermilion Saline lands, appropriated to the county of Ver- jP,^' °^ *P' 
milion by an act of the General Assembly, approved 22d 
of July, 1837, be, and the same is hereby, appropriated to 
the county of Champaign, to be expended, by the county 
commissioners of Champaign county, in building a bridge 
across the Sangamon river; and the proceeds of one hundred Appropria- 
acres of the same land, appropriated to Iroquois county, by tion to Iro- 
the act above referred to, be, and the same is hereby, appro- <1"ois applied 
priated to said county of Champaign, to be expended, under |.°yjjj^™P^^" 
the direction of the county commissioners of said county, in 
the manner above specified. 



138 LAWS OF ILLINOIS. 

Actsrepealed. ^EC. 3. All acts and parts of acts coming in collision with 
the provisions of this act be, and the same is hereby, re- 
pealed. 

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

Approved, February 19, 1839. 



In force, Feb. AN ACT to amend an act, entitled "An act for the relief of the poor." 
21 1839. approved March 1, 1833. 

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

represented the General Assembly, That the justices of the 

Justices made P*^^^^ in each justice's district, in conjunction with such per- 

overseers of SOU to be appointed by the county commissioners' court in 

the poor. the several counties of this State, shall be, and are hereby 

made, overseers of the poor, and are vested with the entire 

and exclusive superintendence of the poor in their respective 

districts. 

Sec. 2. It shall be the duty of said justices, within their 
respective districts, and the person appointed as aforesaid, 
diligently to inquire after all such persons as are unable to 
earn^a livelihood in consequence of any bodily infirmity, idiocy , 
lunacy, or other unavoidable cause, and to provide for them 
the necessary comforts of life, by confiding the care of such 
poor person or persons to some moral and discreet household- 
er or householders in the district, of sufficient ability to pro- 
Persons hav- yjjg {qj. them. ■ Every person to whom the care of such poor 
pcK)r'^to° ive^ person shall be committed shall execute a bond to the county 
bond. ^ in which said poor person shall reside, conditioned that he 
will treat said poor person with humanity, and afford to him 
or her the necessary attention and ., comforts of life fitted to 
his or her condition. Said bond shall set forth the sum to be 
given by said county for keeping such poor person or persons. 
Overseers to Sec. 3. Said overseers shall, at each session of the county 
report to co. commissioners' court, make a full report of their actings and 
com rs. doings under this act, and return a list of all the poor within 

their respective districts, specifying the age, sex, and infirmi- 
ties of each. 

Sec. 4. Upon the making of said report, it shall be the 
duty of the several county commissioners' courts to make such 
appropriations as will justify the person having the custody 
of any poor person in aflfording to him or her suitable cloth- 
ing, and such comforts as may be suitable to their state and 
condition. 

Sec. 5. Any sum set forth in the bond executed by any 
county as aforesaid may be lessened or increased at the dis- 
cretion of said county, without affecting, in either case, the 
validity of the bond. 



LAWS OF ILLINOIS. 139 

Sec. 6. Said county commissioners' court may, at any 
regular term of said court, remove any poor person from the Persons may 
custody of the person or persons to whose care the overseers be removed. 
may have committed the keeping of such poor person, vs^ith- 
out subjecting the overseers, or the county, to any claim for 
damages. 

Sec. 7. So much of the act, entitled "An act for the re- 
lief of the poor," approved March the first, one thousand eight 
hundred and thirty-three, as may he contradictory to the 
provisions of this act, is hereby repealed. 

Sec. 8. Said overseers, in fixing the amount to be paid 
for keeping any poor person, shall take into the calculation 
the ability of the poor person to labor. 

Sec. 9. The county commissioners' court, in each county, i^oor-hou8e„ 
is hereby authorized (whenever it shall see fit so to do) to 
establish a poor-house. 

Sec. 10. The county commissioners are hereby authorized 
to take to the county, by grant, devise, or purchase, any tract 
of land, not exceeding six hundred and forty acres, for tho pur- 
poses of said poor-house. 

Sec. 11. Said county commissioners' courts are hereby Donations for 
empowered to recieve donations to aid in the establishment of P?^^^-^ouse. 
said poor-house, and are also empowered, from time to time, 
if it shall see fit, to levy and collect a tax, not exceeding one- 
fourth of one per cent., on the taxable property of the county, 
and to appropriate the same to the purchase of land, not ex- 
ceeding the aforesaid six hundred and forty acres, and to erect 
and furnish buildings suitable to a poor-house, and to put it into 
operation, and to defray the annual expenses of said poor- 
house, should the labors of the inmates be inadequate thereto. 

Sec. 12. Said county commissioners' courts are hereby 
authorized to employ such agents and other persons as may 
be necessary to establish and put into operation such poor- 
house. ^ 

Sec. 13. Whenever any county commissioners' court shall Agents of 
enter upon their records that they have established a '^poor- P^o^^-^ouse- 
house," and that such poor-house is ready for the reception of 
the poor of the county, then the authority conferred upon the 
overseers of the poor shall cease to be in force in said county: 
Provided^ however, if there be any particular case or cases Proviso, 
which the court should deem prudent to put out under the 
provisions of this act, they may do so, making a proper entry 
of the circumstance upon their records. 

Sec. 14. The titl-. to the property authorized to be ac- Title of prop- 
quired by this act, for the purpose of said poor-house, shall ^'^^y^y'*^"^ "" 
be made to the county. 

Sec. 15. The act, approved February thirteenth, one thou- 
sand eight hundred and thirty-five, entitled "An act to amend 
the acl, enH^led 'An act for the relief of the poor,'" approved 
March the first, one thousand eight hundred and thirty-five, 



140 LAWS OF ILLINOIS. 

Act still in shall continue in force, except that a residence of six months 
p'"'^^* . shall be required, instead of twelve months. 

xcep 10 . g^^^ jg^ rpi^^ provisions of this act shall not affect the 

Relaiiotisof liabilities imposed upon, and duties required of, relations of 
poor not re- p^^j. pej-gons, by the second and third sections of the act, en- 
titled "An act for the relief of the poor," approved March 
the first, one thousand eight hundred and thirty-three. 
Approved, February 2l, 1839. 



In force, Feb. AN ACT to authorize Henry W. Cleavland to build a toll-bridge across 
19, 1839. the Winnebago swamp. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That Henry W. Cleav- 
land and his associates, their heirs and assigns, be, and they 
Bridge across are hereby, authorized to erect a toll-bridge across Green 
Green river, j-iver, and a causeway across the Winnebago swamp, at or 
acrossTwamp. wear the place where the State load from Peoria lo Galena 

now crosses the same. 
Time of com- Sec. 2. That the said Henry W. Cleavland, his associates, 
™ m^lT"' ^ ^^^^^ ^^^ assigns, shall commence said bridge and causeway 
, within six months, and have the same completed within one 
year from the passage of this act, in a good and substantial 
manner, for the safe crossing of persons, wagons, and droves 
of stock, over it. The said causeway shall be so constructed 
as to admit, in c-tll places necessary, the free passage beneath it. 
When the said bridge and causeway are completed, the own- 
ers or proprietors thereof shall have right to place at either 
end, or in the centre of the same, a toll-gate; and they are 
hereby authorized to ask and demand, from all persons crossing 
the same, such rates of toll as are hereinafter provided. 
Eates of toll. Sec. 3. The rates of toll for crossing over said bridge and 
causeway shall be as follows, viz: For each score of hogs, 
sheep, or goats, twenty-five cents; each mule, ass, or horse, 
six and one-fourth cents; each head of cattle, four cents; each 
one-horse wagon, or other vehicle drawn by one horse, twen- 
ty-five cents; for the same when drawn by two horses or oxen, 
thirty-seven and a half cents, and six and one-fourth cents in 
addition for each additional animal by which the same is 
drawn; for each man and horse, twelve and a half cents; and 
for each footman, six and a fourth cents. 
Bridge to be Sec. 4. The said Henry W. Cleavland and his associates, 
kept in repair. ^Ijgjj. \^p[ys and assigns, shall, at all times after the completion 
of said bridge and causeway, keep the same in good repair, 
and allow at all times a speedy passage to all persons and 
their property over it. upon the receipt of the toll herein al- 
lowed; and if at any time the said bridge or causeway shall 
be left out of repair, so that the same shall be impassable, of 
dangerous of passing, for the space of ten days at any one 



LAWS OF ILLINOIS. 14 1 

time, the said bridge shall accrue to the county in which it 
may be situated, and become a free-bridge: Provided^ Aou;- Proviso. 
ever^ That the destruction of said bridge by hijjh water, 
fire, or other Ccisualty, shall not operate as a forfeiture of the 
privileges herein granted, if the said proprietor or proprietors, 
their heirs or assigns, shall immediately proceed to repair or 
rebuild said bridge, and have the same completed within 
thirty days after the injury or destruction thereof. 

Sp:c. 5. Whenever the county commissioners' court of the Com'rs may 
county in which said bridge and causeway may be situated, P"^'*^*^'^^® 
shall deem it expedient to purchase said bridge and cause- 
way and make it free, they shall have the right to do so upon 
paying the said Cleavland, his heirs and assigns, the original 
cost of said bridge and causeway, with ten per cent, on the 
original costs thereof. And for the purpose of enabling the " 

said county commissioners to know the actual cost of said 
bridge and causeway, the said proprietors shall, as soon as the 
said bridge and causeway are completed, make out and file Account of 
with the clerk of said court an account of the actual expenses cost to be filed 
of building the same, and make affidavit before said clerk, or 
some justice of the peace, that the said account is in all re- 
spects just and true. 

Sec. 6. The said causeway shall be raised at least three 
feet above the surface of the adjacent ground, and shall ex- 
tend north and south of the bridge across Green river, so as to 
embrace all the wet ground adjacent to, or connected with, 
the Winnebago swamp over which the road shall pass. 
Said causeway shall be made of good timber and covered over 
with earth, and shall not be less than twenty feet wide; but 
the said bridge need not be more than fifteen feet in width. 

Sec. 7. If at any time the said bridge or causeway is so ^''^'^I'^etora 
disordered or impaired, or any of the structures shall be so 
slightly made, or repaired, that any person or persons, or 
their property, shall receive injury in consequence thereof, the 
said proprietor or proprietors, their heirs or assigns, shall be 
liable to the party or parties injured, for the amount of such 
injury or damage sustained, recoverable in action of debt, be- 
fore any court having jurisdiction of the same. 

Approved, February 19, 1839. 



AN ACT to provide for the removal of the public offices to Springfield. In force, Julj 

4, 1839. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the Geneial Asscmhly, That from and after the 
fourth day of July, one thousand" eight hundred and thirty- 
nine, the seat of Government of the State of Illinois shall heggj^^^f q^. 
deemed and held to be at Springfield, in the county of San- vernment to 
gamon; and all terms of the Supreme Court, and sessions of^'^' 'i' S^^ring- 
the General Assembly, which may be had or held after that ^®'^" 



142 LAWS OF ILLINOIS, 

date, shall be holden at Springfield; and from and after that 
date, all acts, judicial, legislative, or executive, required to be 
done or executed at the seat of Government, shall be done 
and executed at Springfield ; and all lavv^s now in force requir- 
ing any officers to reside at the seat of Government, or requir- 
ing any matter or thing to be done and performed, or requir- 
ing action of any kind, by officers or individuals, at the seat 
of Government, are hereby made and declared applicable to 
Proviso. Springfield, as the seat ol" Government: Provided, however. 

The Secretary of State, Auditor, and Treasurer, shall con- 
tinue and remain in Vandalia, and occupy their present offi- 
ces, until required to remove as herein provided for. 
Corners of Sec. 2. Whenever the commissioners of the State house 

State house to gjjall have finished rooms suitable for the public offices, or 
who ^ha°Hs-'' ^^^"^^^^"^ suitable rooms for said offices shall be furnished, free 
sue proclama- from expense to the State, they shall notify the Governor 
^^°"- thereof, who shall, upon receiving such notice, issue a procla- 

mation requiring all State ofiicers who are required to reside, 
or keep their offices, at the seat of Government, to remove all 
books, records, documents, seals, and papers, pertaining to 
their respective offices, to Springfield, by a day to be fixed in 
such proclamation; and it is hereby made the duty of all such 
Officers to officers to obey the said proclamation, and, from and after the 
matfon^°^ ^" ^^^^^ fixed therein, to keep their respective offices at Spring- 
field, the seat of Government. 
Supreme ^^c. 3. The Supreme Court is hereby authorized to make 

all such orders, and require the execution thereof, as may be 
necessary to the transferring and removing the records, files, 
and papers, of said court, to Springfield, by the time fixed by 
this act for the location of the seat of Government at thiit 
place. 
Next terra of Sec. 4. The nsxt term of the Supreme Court shall be 
Sup. Court. i^Qii^gjj on the second Monday in July next, and, thereafter, at 

the time required by law. 
Attorney Gen. Sec. 5. The Attorney General shall not be required to 
reside at the seat of Government during the years 1839 and 
1840; but after the year 1840 the Attorney General shall re- 
side at the seat of Government. During the years 1839 and 
1840 the Attorney General shall prosecute and perform the 
duties now required of him by law in the second judicial cir- 
cuit. 

Approved, February 21, 1839. 



In force, Feb. AN ACT authorizing the location of a State road through parts of Vermilion 
21, 1839. and Champaign counties. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That John Millican and 
David Yarnall, of VerraiUon county, and Henry Sodorus, of 



LAWS OF ILLINOIS. 143 

Champaign county, be, and they are hereby, appointed com- Com'ra to 
missioners to view, survey, mark, and locate, a ^tate road, be- '^^^^^ ^' ' 
ginning at or near where the county road leading from New- 
port, Indiana, to the Salt-works in Vermilion county, Illinois, 
crosses the State line; thence, the nearest and best way, to 
Georgetown; thence to Chillicothe; thence, with the State 
road passing now through Chillicothe, to or near David Yar- 
nall's; thence to the Three-mile Grove ; thence, the nearest 
and best way, to intersect the road leading from Decatur to 
Danville, at Henry Sodorus', in Champaign county. 

Sec. 2. Said commissioners shall meet at the house of "^^^ *: ^^^'^^ 
Benjamin Canady, in Georgrtown, on the first Monday in^ i^ee ing. 
July, eighteen hundred and thirth-nine, or so soon thereafter 
as convenient, and shall proceed to view, survey, mark, and 
locate, a State road, in compliance with the first section of this 
act; and, to effect that object, may call to their aid, a competent 
surveyor and two cbainmen. Said commissioneis and surveyor 
shall each receive two dollars, and each chain-carrier one dol- 
lar, per day, for every day they are necessarily employed in 
reviewing, surveying, marking, and locating said road. 

Sec. 3. Said commissioners shall layout said road four ^^^'^'^'^ ^'^ ''^^'^ 
poles wide, and shall mark and designate the course of said 
road in its passage through timber and prairie, in such manner 
as to them may seem most advisable. 

Sec. 4, Said commissioners shall, within three months Plat to be 
after the location of said road, cause a plat of the same to be 
filed with the county commissioners' court of Vermilion coun- 
ty, and also with the county commissioners' court of Cham- 
paign county; which said courts shall pay all expenses incurred Expenses, 
in viewing, surveying, marking, and locating, said State road, 
paying in proportion to the amount said road may be laid out 
in their respective counties : Provided, That the county com- 
missioners of Champaign county shall not be compelled to pay 
any of the expenses for locating said road ; but may [pay] their 
proportion of the same, if they deem proper so to do. 
Approved, February 21, 1839. 



AN ACT to locate the county seat of Whiteside county, and provide for In force, Feb, 
the election of county officers. 21, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the legal voters of 
the county of Whiteside, shall meet at the respective places To vote for 
of holding elections in said county, on the first Monday in county seat. 
May next, and shall vote for a point or points for the perma- 
nent seat of justice of said county. In the event of more 
than one place receiving votes, it shall be lawful for the legal 
voters to meet againon the Monday four weeks next fol- 
lowing the first Monday in May, and again vote for the 



144 



LAWS OF ILLINOIS, 



Proviso. 



Douations. 



Proposals 
made binding 



Election for 
CO. officers. 



Notice of 
election. 



Duty of jnsti- 
cesi of peace, 



Courts, where 
held. 



Terra of office, 



location of the county seat: Provided, ho7cevei\ That the point 
receiving the lowest number of votes shall not be voted for 
again at any succeeding election; and the legal vote)s shall 
meet on the Monday of each succeeding four weeks and vote, 
until some one place shall receive a majority of all the votes 
given at any one election; and which place, so receiving a 
majority of all the votes given, shall be, and forever remain, 
the peim;jnent seat of justice for said county. 

Sec. '2. It shall be lawful for any individual of said coun- 
ty to offer donations in land to the said county of White- 
side, whereon to locate the seat of justice; and which of- 
fers or proposals, so made, shall be posted up at three public 
place in each precinct; and proposals so made shall behind-' 
ing on the individuals making the same; aad the person or 
persons offering such donation at the place selected by the 
legal voters, shall cause a good and sufficient deed to be made 
and executed to the county commissioners' court of said 
county, vi'ithin four weeks after the location shall be made. 

Sec. 3. The legal voters of the said county shall also, 
on the said first Monday in May next, proceed to vote for, 
and elect, all county officers for said county; and the county 
commis3it)?iers shall meet at the house of William D. Dudley, 
within ten days after the said election, and, after being duly 
qualified, sliall proceed to levy a county tax for the present 
year, |.uy off road districts, appoint supervisors, and perform 
such other duties as shall be required by law. 

Sfc. 4. It shall be the duty of Adam R. Hamilton, Esq., 
to give at least ten days' notice of the election provided lor 
by this act; and the said Adam II. Hamilton and C. R. 
Woodruff, justices of the peace for said county, shall meet at 
the house of William D. Dudley, within seven days aftei said 
election, and proceed to examine the poll-books; sha tmake 
returns to the office of Secretary of State, and do any such 
duties as are required of clerks of county commissioners arid 
justices of the peace in like cases. 

Sec. 5. It shull be the d-:ty of the aforesaid justices of 
the peace to return the poll-books containing the votes for 
the location of the county seat, to the clerk of the county 
commissioners' court, who shall cause the said returns to be 
preserved in his office for the inspection of any person or 
persons concerned. 

Sec. 6. The circuit and county courts shall be held at 
such places as the county commissioners shall designate, until 
suitable arrangements are made at the county seat; and the 
said county commissioners shall cause public buildings to be 
erected without unnecessiry delay. 

Sec. 7. The county oificers elected under the provi- 
sions of this act shall hold their respective offices until the 
next, general election (or such officers, respectivL ly, and until 
their successors are cjpicted and qualified. T..is act to bo in 
force from and after its passage. 

Approvkd, February 21, 1839. 



LAWS OF ILLINOIS. j^^ 

AN ACT to vacate the survey and plat of the town of Middletown. In force, Feb. 

^1, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
representedin t'le General Assembly^ That John Newman, the 
proprigtor of the town of Middletown, in the county of Will, 
and that owners of lots therein, be, and they are hereby, au- Pi'oprietors 
thorized to alter, change, or vacate, the survey and plat of °j^[ '"'"^"S^ 
said town, as may be deemeed necessary and proper: Provided, ^ ^^' 
The said John Newman, and all owners of lots in said town, 
shall (irst, in writing, duly signed, sealed, and recorded in the 
recorder's office of said county, signify his and their consent 
•thereto. 

Approved, February 21, 1839. 



AN ACT to regulate interest on Auditor's warrants. 



n force, Feb. 
21, 1839. 



Sec. 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly, That hereafter, when- 
ever the balance due the Stale Bank of Illinois, from the 
State of Illinois, shall exceed the sum of ten thousand dol- 
lars, it shall be the duty of the Auditor of Public Accounts, Duty ofAudi- 
upon the return of the warrants paid by said bank, to issue ^°''- 
his certiticate, in favor of said bank, for' the balance so due; 
which said certificate shall bear interest, at the rate of six 
per cent, per annum, from date until paid: Provided, That Proviso 
nothing in this act contained shall in any manner affect the 
provisions of "An act to provide for the safe-keeping and se- 
curity of the public money," approved March 4, 1837. 

Sec 2. The Auditor of Public Accovuits shall, imme-Aud. to is^ae 
diately after the passage of this act, issue his certificate, in certificate in 
favor of said bank, for the balance due said bank on the last ^^''°'" ^^ ^'^^ 
quarterly settlement; which said certificate shall bear inter- ^''°^'' 
est as provided for in the first section of this act. 

Sec. 3. Auditor's warrants, hereafter issued, shall bear Warrants to 
interest, at the rate of six per centum per annum, from their ^^^""^^'■^st 
date until paid; and the Bank of Illinois may pay any war- 
rants issued upon the State Bank of Illinois. 

Approved, February 21, 1839. 



AN ACT to buiW a bridge across Fox river, at Ottawa. In force, Feb 

21, 1839, 
Sec. I. Be it enacted by the People of the State of Illinois, 
representedin the Gene^-al Assembly, That William E. Arm- persons to 
strong, his heirs and assign's, be, and they are hereby, ad- build bridge, 
thorized to build atoll-bridge across Fox river, in township 
thirty-three north, of range three, east of the third principal 
meridian, by or between the aqueduct crossing said river 
10 



146 



LAWS OF ILLINOIS. 



Time to com- 
mence and 
complete. 



Toll-gate. 



and the junction of the Fox and Illinois rivers, at the town of 
OUiiwa, in La Salle count}, and iStaic of lllin.jis, Provided^ 
Said bridge shall notinterlerc wilh the aqueduct or tiie navi- 
gation of Fox river. 

Sec. 2. The said William E. Armstrong, his heirs or as- 
signs, shall commence the buiiuing ot said bridge within two 
years, and complete said bridge within five }ears from and 
after the passage of this act. Said bridge shall be built in a 
good and substantial manner, so as to give a sate and easy 
passage to ail persons, and their properly, wishing to cross 
the same. 

Sec. t^. After said bridge shall be completed, the said 
William E. Armstrong, his heirs or assigns, are hereby au- 
thorized to place atull-gatc on either end of said bridge, or 
elsewhere, when he or they may den. and, of all and every 
person passing said bridge, the lollowing rates of toll, to wit: 
Rates of toll. Por each two-horse wagon, drawn by two horses or one yoke 
of oxen, twenty -five rents; for each additional pair of horses 
or yoke of oxen, twelve and a half cents; for each one-horse 
/ wagon or carriage, eighteen and thrce-luurth cents; for each 

man and horse, twelve and a half (^cnls; ior each head of 
hogs, sheep, or goats, one cent; /or each head of hordes, 
mules, asses, or cattle, three oenls; and three cents for each 
footman. 
To'be keptin Sec. 4. The said William E. Armstrong, his heirs or as- 
repair. sii;ns, shall, at all times after the completion of said nridge, 

keep the same in good repair, and allow a speedy passage; 
and if at any time the bridge be kept out ol repair, so iliat 
the same be impassable for the space of six months, at any 
one time, the said bridge shall accrue to tlie county oi La 
Salle, Provided, hozocver, That destruction of said bridge by 
fire, high water, or other casu:dly, shall not work a foifcit- 
ure of the privileges hereby granted; l)ut the said Armstrong, 
his heirs or assigns, shall proceed immediately to repair the 
same. 

Sec. 5. When the commissioners of the county of La 
Salle deem it expedient to purchase said bridge, they shall 
have the right to do so, by |)aying the said Armstrong, his 
heirs or assigns, the value ot said bridge; which value shall 
be ascertained by the valuation of three disinterested ap- 
praisers, to be appointed by said court, who shall be sworn to 
a faithful and impartial discimrge ol their duties as such ap- 
praisers. 

Forfeitnre for v^ec 6. If any person or persons shall wilfully do, or 
injury done to ^.^^gg lo be done, any injury to said bridge, the person or 
persons so oilending shall iorteit and pay the said William 
E. Armstrong, his heirs or assigns, double the amount o( such 
injury or damag<', to be recovered bei'ore any court having 
jurisdiction of the same. 

Sec. 7. The said William E. Armstrong, his heirs or 
assigns, shall be entitled to purchase, hold, and convey, so 



Proviso. 



Com'rs may 
purchase. 



bridge. 



LAWS OF ILLINOIS. 



147 



much real estate as may be necessary to construct the afore- 
said bridge and ^tcct a toll-house, or whatever may be neces- 
sary for the use and purposes of said bridge. 

Sec. 8. For building or raising the bridge, no timber, 
stone, or materials, shall be placed upon ground, or in such a 
situation, as to be in the way of, or interfere with, the work 
progressing on the Illinois and Michigan cana], or any work 
connected therewith. 

Sec. 9. The said bridge shall be deemed a public high- Deemed pub- 
way, within the meaning of the laws providing for the pun-'^^ highwaj. 
ishment of persons injuring, obstructing, or destroying pub- 
lic bridges, in any manner, or by any means whatever. This 
act to be in force from and after its passage. 

Approved, February 21, 1839. 



AN ACT concerning certain State roads in the counties of Wabash and In forcp Feb. 
Lawrence. 21^ Ig'gg^ 

Sec. 1. Be it enacted bi/ the People of the State of Illinois^ 
represented in the General Assembly^ That t^e county com- Com'rs to r 
missioners' court of the county of Wabash are hereby author- loc^rroad'^*' 
ized and empowered to alter, relocate, and establish, so much 
of the State road from Mount Carmel to Greysville as runs Route, 
near the farm of George Giick, in said county, so that the 
same may run by the dwelling house of said Glick; and 
thence, onward, to the intersection of the present State road, 
on such ground as may be selected as best suited to the pub- 
lic convenience, whenever said court may deem it expe- 
dient so to do. 

Sec 2. That the public road now laid out from Mount Road from 
Carmel, byway of Danforth's corner, on Barney's prairie ^^^ Carmel to 
Wabash county, William Clark's, Miller's, «fec., in Law-^if|7''"'^'^ 
rence county, to Lawrenceville, be, and the same is hereby." ^' 
Jeclared a State road, to be opened and kept in repair as all 
)ther State roads. 

Sec 3. That so much of the State road from Mount Car- Mt. Carmel to 
nel to Maysville as lies betwen Mount Carmel and Centre- Maysville. 
?ille, in Wabash county, laid out under the authority of an 
let, entitled "An act to locate a State road between Mount 
Darmel, in Wabash countv, to Maysville, in Clay county," 
ipproved January 9, 183(5, be, and the same is hereby, va- 
:ated; and that the road from Mount Carmel to Centreville 
)y the way of the farm of Daniel Greathouse, heretofore 
aid out as a county road, be, and the same is hereby, declared 
o be a State road, to be opened and kept in repair as other 
iiate roads. 

Approved, February 21, 1839. 



148 LAWS OF ILLINOIS. 

In force, Feb. AN ACT^for the relief of trustees of schools in township six north, range 
2'2 1839- eight west, in Madison county. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General' Assembly, That the sale of lots 
Sale of lots numbered nine, ten, aud thirteen, containing two hundred 
legalized. acres of school land, in section numbered sixteen, of town- 
ship numbered six north, range numbered eight, west 
of the third principal meridian, in Madison county, made by 
the trustees of schools of said township to John ^mith, of the 
county of Clark, in the State of Indiana, be, and the same is 
hereby, legalized. 
Duty of Gov. Sec. 2. The Governor is hereby authorized to cause a 
patent to issue to the said John Smith for the above described 
land, in coniormity with the laws now in force relative to 
the issuing of patents to purchasers of school lands. 
Approved, February 22, 1839. 



„ , _ F h ^^ ■^^'^ **' provide for the appointment of notaries public. 

22 1839. 
' Sec. 1. Be it enactedby the People of the State of Blinois, 

represented in the General Assembly, That whenever fifty legal 
voters of any city, town, village, or township, in this State, 
Petition for shall, by petition to the Governor, request the appointment 
notary public, of a notary public in such city, town, village, or township. 
Duty of Gov. the Governor shall, by and with the advice and consent of 
the Senate, appoint a notary public conformably to such re- 
Proviso, quest: Provided, That not more than five appointments shall 
be made in any one city, town, village, or township: And 
Farther provi- provided, also. That each petition shall be signed by differ- 
«''• ent voters; and not more than one appointment shall be 

made upon the petition of the same persons. 
Powers of Sec. 2. Notaries public appointed under the provisions 

notary public, of this act shall have and possess all the powers, and per- 
form such duties as is or may be required by law; and va- 
cancies occurring shall be filled upon petitions as is required 
to obtain appointments by the foregoing section. 
Niwjober. Sec. 3. In cities, towns and townships, in which one or 

more notaries public have been appointed under existing 
laws, the number of notaries shall not be increased by the 
provisions of this act to more than five, including those al- 
ready provided for. 

Approved, February 22, 1839. 



4 



LAWS OF ILLINOIS. 149 

AN ACT making an appropriation for a library for the use of the Legisla- In force, Feb. 
ture and Supreme Court. 23, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That the sum of five thou- $5,000 for li- 
sand dollars be, and the same is hereby, appropriated to the brary, 
purpose of paying for a law and miscellaneous library, for 
the use of the Legislature and Supreme Court of this State; 
and the Auditor of Public Accounts shah issue his warrant 
to the proper persons, upon the treasury, for the said sum. 

Sec. 3. The Judges of the Supreme Court and the Go- Duty of judges 

vernor are hereby authorized and requested to make the se- ?J " 

1- riiii • -iir 1 • I trOYernor. 

lection 01 the books herem provided tor, and to receive the 

money in the foregoing section appropriated, and therewith 

pay for the said books. And the Judges and Governor are 

hereby required to provide for the safe-keeping of said books 

until the next session of the General Assembly; and that 

they also report their actings and doings in the premises, 

and such rules for the government and use of said books, as 

they may deem expedient. 

Approved, February 22, 1839. 



AN ACT to authorize the trustees of schools in township seveu north, In force, F^b. 
range seven east, to revalue the sixteenth section. 22, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the trustees of schools 
in township seven north, range seven east, in the county of 
Peoria, be, and they are hereby, authorized to revalue and May revalue 
appraise so much of the sixteenth section in said township ^J'^'*^^"^'^ ^®"' 
as remains unsold, or that may revert to the people of the^^°"' 
township, by reason of non-payment of the purchase money 
and interest accruing on any part of said sixteenth section 
heretofore sold. 

Sec. 2. The said trustees shall make a certificate of the Certificate,. 
valuation made by them under the provisions of this act, to 
the school commissioner of the county of Peoria, in the same 
manner as is required of the trustees of school lands by the 
fourth section of an act to amend an c^ct, entitled "An act 
authorizing the sale of section numbered sixteen, or such 
lands as may be granted in lieu thereof, to the inhabitants of 
such township, for the use of schools," approved February 
fifteenth, one thousand eight bundled and thirty-one. 

Approved, February 22, 1839. 



150 LAWS OF ILLINOIS. 

In force, Feb. AN ACT declaring' Fox river, in White county, a navigable stream, 
ai, 1839. 

Sec. l. Be it enacted by the People of tiie Slate of Illinois^ 
represented in the General Assembly^ That Fox river, in White 
county, from its confluence with the Great Wabash river up 
, to the centre line east and west, of section twenty-nine, in 

township four south, of range fourteen west, be, and the same 
is hereby, declared a navigable stream and public highjvay. 

Sec. 2. Said stream, as far up as stated, shall never be 
obstructed in any manner so as to impair the free, safe, and 
uninterrupted navigation of the same; and any person so ob- 
structing or impairing the navigation thereof shall be liable 
to the penalties and tines now or hereafter to be imposed 
by law for such offences. 

Approved, February 21, 1839. 



In force, Feb. AN ACT to amend "An act to incorporate the Union Collesre of Illinois.^ 
22, 1839. 

Sec. 1. Be it enacted by the people of the Stale of Illinois, 
represented in the General Assembly, That from and alter the 
passage of this act, it shall not be in the power of the trus- 
tees of the Union College of Illinois, nor any teacher or 
professor thereof, to make, ordain, or establish, any rule or 
regulation, to enjoin or compel the attendance of any pupil 
to any particular church, or place of divine worsltip, against 
the wishes of the parent or guardian; nor shall any such 
rule, which may have been made, be enforced by said trus- 
tees, teachers, or professors; nor shall the tenets of any par- 
ticular sect, or persuasion of religion, be ever taught, or in 
any manner inculcated, in said college. This act shall not 
be so construed as to authorize a neglect of proper instruc- 
tion in moral duties and obligations, but shall only be con- 
strued so as to prevent discord and jealousy on religiou> sub- 
jects among the parents, guardians, and other patrons of 
the said college. 

Approved, February 22, 1839. 



Bane of lots. 



In forcp, Feb. AN ACT to provide for selling water-lots and privileges on the Illinois 
S2, J839. and Michigan canal. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly^ That the Board of Com- 
missioners of the Illinois and Michigan canal may order a 
sale, or sales, of lots of ground for manufacturing purposes, 
and the use of surplus water to propel machinery, for a term 
of years not exceeding ninety-nine, at those points and places 
on (he line of the canal where lots have or may l)e laid 
offfor that purpose, upon the terms and conditions follow- 
PfOT7J80. i"g' Provided, That, until the further action of the General 

Assembly, not more than three lots shall be sold at any one 
place orpoint. 



LAWS OF ILLINOIS. 151 

Sec. 2. E icli lot, with lli3 privil-gc of using water to Number sold 
propL'l machinery to be erected ihcreoij, sh;;ll be sold scpa- atone place. 
iMtely, at public Hucti'>n, to tlse person bidding the liighest 
annual rent ihcrcA^v Tue place of sale shall be fixed by 
the Board. A noti'-e, stating the time and place of the sale, Notice ofsale., 
and dcsciibiiig the lots and water to be sold, shall be publish- 
ed, once a week, tor eight weeks, in at least lour newspapers 
in the State, and four without the State, immediately preced- 
ing the sale. Frevioirs to any sale, tho commissioners shall Valuation of 
value the lots and privilen^es separately, at a fair and reason- lo's- 
able value, as tliey are retiuired to do in relation to lots and 
canal lands; and no sale shall t)e made for less than such 
valuation. Upon making any sale, the Board shall execute a 
lease, under their seal, for such term of years as may have 
bee.i directed, in the name and behalf of the people of the 
State, to the purchaser; and, in such lease, the rent bid by 
the purchaser shall be reserved. Triplicate leases shall be 
made, and shall be signed by the purcliascr, and covenants 
shall be inserted for the annual payment of the rent, at such 
pkcc within the StLte, and t > such person, as may at any 
titne be required by law, with condition that, in case of de- 
fault in making any annual paynjcnt for the period of one 
year, the lease sh;'ll become void, and all the rights, thereby' 
granted, forfeited to the State 

Skc. 3. Leases shall also contain a reservation of the Leases to con- 
right wholly to resume the water conveyed, and the privi-^^-'" *'^^^''*^®* 
leges tliereby granted; and to control and limit the use of =uch 
water and privileges, whenever, in the opinion of the Board, 
or of the Legislature, tlie i^eccssary suppiv of water for the 
use of the can;»l, or the salbty of the canal, or works con- 
nected th^rewita, shall render such resumption, control, or 
limitation necessary; and a provision that, when such re- 
sumption is made, or control or limitation imposed, no 
compensation or damage shall be allowed for any improve- 
ments or erections made in consequence of such lease; and 
a further reservation shall be made of the right of the State, 
vv'ithout making any compensation to the purchaser, wholly 
to abandon or destroy the work by the construction of whicti 
the water privileges shall have been created, whenever, in 
the opinion of the [legislature, the occupation and use of 
such works shtU cease to be advantageous to the State. 

Sec. 4. Leases shall contain specific descriptions, by ac- Quantity of 
tual measurement, of the lots teased, and shall specify the water, 
quantity of water to be used per day or month. 

Skc. 5. One copy of each lea*e shall be delivered to the Leases to be 
purchaser, who shall, without delay, cause the same to be '^®'^*'^''^^'^- 
recorded by the recorder of the county in which the premi- 
ses leased are situated; one copy shall be filed and kept by 
the Board, and the other copy shall be by the Board delivered 
to the^ Auditor of Public Accounts. 



152 



LAWS OF ILLINOIS. 



Recording, 
how paid. 



Sec. 6. All the expenses of executing and recording 
leases shall be paid by the purchaser. 

Skc. 7. There shall also be inserted in every lease a con- 
dition inhibiting the manufacture of spirituous or vinous 
liquors upon lots leased. 

Sec. 8. The Board shall have power to fix a time within 
which the lessee, his heirs or assigns, shall put in operation the 
machinery intended to be used upon lots leased, and to insert 
a condition of forfeiture in every lease, on failure to comply 
with the conditions thereof, either as to lime or manner; 
and also to insert conditions requiring the lessee, their heirs 
and assigns, to keep the buildings and machinery under insur- 
ance in some safe office; and in case of failure in this condi- 
tion, that the Board or the State shall have the right to efiect 
such insurance, and to add the cost and expense of such in- 
surance to the amount of lent reserved. 

Sec. 9. The Board shall take and use all means and mea- 
sures requisite to carry into effect the objects of this act, and 
shall fix the places at which water is to be taken from the 
canal, and provide for the withdrawal thereof in such man- 
ner as to prevent injury to the canal, and also provide safe 
conveyances for the return of the water inio the canal, or for 
its running off without injury to the State or individuals. 

Sec. 10. The Board shall have power to direct the mate- 
rial with which the walls of the houses erected on leased lots 
shall be made, with a view to permanency, and to avoid in- 
jury from fire. 

Sec. 11. Sealed proposals shall be received for purchases 
under the provisions of this act, and each proposal shall 
specify the use intended to be made of the lot and water, the 
time within which the first buildings shall be commenced and 
completed, and the time of commencing the use of water for 
manufactuiing purposes; and, also, the dimensions of the 
buildings as to width, length, and height, and shall also be ac- 
companied with the name of two or more responsible per- 
sons, to be bound as security for the performance of the cove- 
nants, so far as relates to the erection of buildings. 

Sec. 12. Each purchaser shall give a bond, with two or 
more securities, payable to the State, with conditions that the 
purchaser will, within the time limited, erect one or more 
buildings, sQch as may be agreed on, and, in case of default, 
that the State shall be paid three times the amount of rent 
reserved by the terms of the lease, from the date thereof to 
the date of obtaining judgment upon the bond. 

Sec. 13. The provisions of the thirty-ninth and fortieth 
sections of the act, entitled ''An act for the construction of the 
Illinois and Michigan canal," approved on the ninth day of 
January, one thousand eight hundred and thirty-six, shall be 
applicable to sales made under the provisions of this act. 

Sec. 14. The power of taxing the lots and privileges sold 
under the provisions of this act, and all improvements made 



LAWS OF ILLINOIS. 



thereon, is reserved to the State; but this power to be exer 
cised according to the provisions of the constitution, and the 
same rules to be observed in assessing a-nd collecting the taxes 
as are applied to other property in the State. 
Approved, February 22, 1839. 



153 



AN ACT to change a part of the State road from Peoria to Knoxville, in m r 

Knox county, and for other purposes. ' ^° 'j^^^^' ^^^ 



22, 1839. 



}'j ■ I '^^^^^^^^ ^y ^^e P^opk of the State of Illinois, 
I'P^^^'fdj^the General Assembly, That so much of the State 
road estabhshcd from Peoria to Knoxville, in Knox county, 
under the act of the thirty-first of Januory, eighteen hun- 
dred and th.rty-seven, as lies between Hugh Furgeson's and 
section twenty -seven, m township eleven north, and of ranee 
one cast, IS hereby vacated and annulled; and the county 
road between those points named, as now established and ^^oadvacated. 
opened, shall be considered, and is hereby decl, red^, a State 
road, formmg a part of said State road from Peoria to Knox- 

Approved, February 22, 1839. 



AN ACT to locate a State road from Mount Sterling, in Brown countv i <• 

toMacoaib,inMcDonoughcount|.' I77i39 

r.3r' /^; -^y'^ ^;^actedby the People of the State of Illinois, 
represented in the General Assembly, That James W. Sinde- 
ton, sen,or,of Brown county, ^nd Edward Doyle, of Schufler 
county, and Hugh Kincade, of McDonough county, be. and Com'rs to 
tney are hereby, appomted commissioners, to view, mark locate road. 

countv': l^Y", ''n^'^'T ^^""^ Sterling, in 'Brown Course. 
Z«yk !^""^''P ' ?^"' °" *^" ^'^^^^ Missouri; thence to 
the southwest corner of township number three (3) north, and 
range number hree, west of the fourth principa meridian- 

m'co'^ M^n "^"V^" ^^^^^^d ^-^^' -d thence ?o' 
Macomb, m McDonough county. 

ihf'''''}\ ^^l commissioners aforesaid, or a majority of Time and 
mZi I r' ^* *^' *^^'" ^^M«""* Stirling, on the first P'-^ "^ 
Monday ofApnl next, or within six months thereafter, and, "''*^"^- 

fif fv nnT^ f"n'T'",-^\'^'"" J"^*^^^ ^^ *^ peace faith- 
iullj and impar<.ially to discharge the duties required of them 
by this act, shall proceed to view, mark and locate said road, 
Keeping in view the shortness of the route and the eligibility 

manpnr^ ' '?■ ""li^ ""^^^ ^^^ ^^^^ ^' convenient and per- 
manent as practicable. ^ 

rnrn^l^^ ^A ^^^^ '"'J'^ Commissioners, so soon as they shall have To make map 

Si thp'"" ''°''''' ',^^" "^^^" "'^^ ^ "'^P °^ Pl^t of said road, 
givmg the courses, distances, streams, notable places, &c.; 



154 LAWS OF ILLINOIS. 

and shall file a copy of the same with the clerk of the county 
commissioners' cour^^ in each county through which the said 
road may pass, which shall be recorded at length in the books 
of said courts. 
Pay of Sec. 4. The county commissioners' courts of said coun- 

ties throuo;h which said road may pass shall allow the said 
commissioners a reasonable compensation for their services, in 
proportion to the length of said road in the several counties 
through which said road may pass; and the said county com- 
missioners shall cause said road to be opened and kept in 
repair in the same manner as other State roads are required 
to be done. 

Approved, February 22, 1839. 



com'rs. 



Tn inrcP Fph AN ACT to review and relocate a part of the State road leading from 
221839? Springfield to Decatur. 

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

represented in the Gei eral Assembly, That Thom-xs J. Knox, 

William King, senior, and Gersham Keys be, and they are, 

Coin'rs to hereby, created a board of commissioners for the purpose of 

examine examining the various routes proposed for a change in the 

route. j.Q,^^| leading from Springfield to Decatur as lies between 

Springfield and the house of Reason Judd. 

Sec. 2. Said ccmmissioners, or a majority of them, shall 
Time and mcct in the town of Springfield on the first Monday of April 
place of j^ext, or as soon thereafter as may he agreed on by said rom- 

meeting. missioners, and, ofter being first duly sworn to perform said 

To be sworn, duties to the best of their skill and abilities, shall then proceed 
to view all the proposed routes between the points named in 
the first section of this act; and when a majority of said com- 
missioners shall agree on a route for said road, then said com- 
missioners shall employ a surveyor and other necessary hands, 
and shall proceed to survey said road, and shall take course 
and distance from place to place, and continue said survey to 
the west end of David Hall's farm, on said road; then said 
Map to be commissioners shall make out a complete map of the course 
retn'-ned to and distance of said road, and return the same to the clerk of 
clerk county |-|^g county commissioners' court of Sangamon county, who 
com'rs court, ,,,,'',, j • u* a: 

Sangamon shall enter the same on record in his olhce. 
county. Sec. 3. The county commissioners of said county shall 

Pny of allow said' commissioners, and others employed by them, a 

com'rs, reasonable compensation, to be paid out of the treasury of said 

county. 

Skc. 4. When said road is thus laid out, the county com- 
missioners shall cause the same to be opened and kept in 
repair, of sufticient width to admit of a free and easy passage 
for aU kinds of carriages commonly used on such roads. 
Approved, February 22, 1839. 



LAWS OF ILLINOIS. 155 

AN ACT to chancre a part of a State road therein named. In force, Feb. 

" * 22, 183J. 

Sec. 1. Be it enacte'l by the People, of th^ Siate of Illinoi.f, 
represented in the G'ncral Assembly, I'hat Harry Boardmen, 
John Thompson, and Pomeroy Goodrich, be, and they are Com'rs ap- 
hereby, appointed commi-isioncrs to relocate so much of the J^°'""^^' tore- 
State road leading froin the Indiana line, northwest, to the 
State line, as lies between Naperville and Warrcnville. 

Sec. 2. Said commissioners, or a majority of them, shall Time and 
meet at Naperville, so soon as may be convenient, and, after pli'cf; "f 
being duly sworn by some justice of the peace, shall proceed "'^'^'^"S:- 
to relocate said road, and, when completed, shall make a report 
to the county commissioners" court of Cook county; and 
said court shall cause said road to be opened and kept in 
repair as other State roads are; and so much oi said road ps 
is changed is hereby vacated. 

Approved, February 22, 1839. 



AN ACT dividing the State into judicial circuits. In force, Feb. 

23, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That frcm and after the 
passage of this act, the judicial circuits of this State shall be 
composed of the counties following: First circuit. 

1 he counties of Morgan, Cass, Pike, Calhoun, Green, Scott, 
and Macoupin, shall compose the first circuit. 

The counties of Adams, dancock, Warren, Mercer, Knox, ^^'^^^• 
Fulton, Schuyler, Brown, and McDonough, shall compose the 
fifth circuit. 

The counties of Jo Daviess, Stepherson, Boone, Winne- ^^^i^- 
bago, Whiteside, Rock Island, and Carroll, shall compose 
the sixth circuit. 

The counties of Cook, Will, Iroquois, McHenry, and Du Seventh, 
Page, shall compose the seventh circuit. 

The counties of Sangamon, Macon, McLean, Tazewell, Eighth. 
Menard, Logan, Dane, and Livingston, shall compose the 
eighth circuit. 

The counties of Peoria, Putnam, Marshall, Kane, De Kalb, Ninth, 
Bureau, Henry, Ogle, and La Salle, shall compose the ninth 
circuit. 

Sec. 2. The eighth and ninth circuits are hereby created Circuits es- 
and established as additional circuits to those heretofore pro- tabhshed. 
vided for by law. 

SEr;. 3. There shall be appointed, by joint ballot of both Ju-lfes to be 
branches of the General Assembly, during the present session, "^P°^"'^ 
one circuit judge for the ninth circuit, and one circuit judge 
for ih\e eighth circuit, created by this act, who shall be com- 
missioned by the Governor as circuit judges of this State, and 
shall hold their offices during good behaviour, who shall he ^^J^ ° 
vested with all the powers conferred, and required to perform 
all the duties imposed upon circuit judges of this State. 



156 



LAWS OF ILLINOIS. 



Judges as- 
signed to cir- 
cuits. 

2d, 3d, and 
4th circuits. 



Sec. 4. The judges of the fifth, sixth, and seventh circuits, 
heretofore appointed and assigned to said circuits, shall pre- 
side and hold the courts in the counties of which said circuits 
are composed, as arranged by this act, and the counties com- 
posing the second, third, and fourth circuits, shall remain as 
heretofore provided by law. 

Approved, February 23, 1839. 



Jn force, Feb. 
26, 1839. 



Road 
©hanged. 



AN ACT to change, part of the Philips' ferry road, in Morgan county. 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That the State road 
which leads from Philips' ferry, and intersects the road 
leading from Jacksonville to Carrollton, two and a half miles 
south of Jacksonville, shall be, and is hereby, changed, and 
made to pass upon the following ground: Beginning at the 
southwest corner of the southeast quarter of section thirty- 
four, in township number fifteen north, range number eleven, 
west of the third principal meridian; thence, north, on the 
west line of said quarter section, to the centre line of sections 
thirty-four, thirty -five, and thirty-six; thence, due east, to the 
intersection of the present road. 

Approved, February 26, 1839. 



In force, Feb. 
22, 1839. 



AN ACT to change the name of the town of Leesburg, 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the town of I^ees- 
burg, in the county of Montgomery, Avhich has been laid off 
agreeably to law, and a plat thereof iiecorded pursuant to the 
Name of town statute in such cases, shall be, and the same is hereby, chang- 
® ange . ed to that of Zanesville; by which latter name it shall be 
known and called in all public records and documents; and 
in all legal transactions where it shall be necessary to name 
said town or place, the name of Zanesville shall be used: Pro- 
Proviso, vided, however. That the change of the name of said town shall 
in nowise affect any contracts or conveyances heretofore made 
or entered into, or any other legal transaction or business 
whatever. 

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

Approved, February 22, 1839. 



L4WS OF ILLINOIS. .157 

AN ACT to relocate a part of the State i-oad from Calhoan county to In force, Feb - 
Schuyler county. 22,1839. 

K 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
tepresentcd in the General Assembly, That Joel Meacham, Com'rs to re-- 
Richard Price, and Isaac Davis, of Pike county, he, and they ""^^ ''°^'^- 
are hereby, appointed commissioners to review, mark, and re- 
locate, so much of the State road from Calhoun county to 
Schuyler county, as lies between the residence of Joseph H. 
Gooding and the bridge north of Pittsfield, on Bay creek; 
and, also, so much of said road as passes through section 
twenty-eight, in township four south, range three west, in said 
county of Pike. 

Sec. 2. The commissioners aforesaid, or a majority ofTime& place 
them, shall meet at the town of Pittsfield, on the first Monday of meeting. 
in April next, or within three months thereafter, and, after 
being duly sv\ orn faithfully and impartially to discharge the 
duties required of them by this act, shall proceed to review 
and locate said road, keeping in view the shortness of the route 
and eligibility of the ground, so as to make the same a per- 
manent road. 

Sec. 3. The said commissioners are authorized to employ Surveyor, 
a surveyor; and when they have completed their work, they 
shall file a map or plat of said road, giving the courses and pro- -^ ^^ ^^ 
per references, &c., and rile th6 same in the office of the filed. 
clerk of the commissioners' court in said county. 

Sec. 4. The commissioners' court of said county shall al- Pay of com're. 
low the said commissioners and surveyor a reasonable compen- 
sation for their services, and shall cause said road to be opened 
and kept in repair as in other cases. 

Approved, February 22, 1839. 



AN ACT making further provfsiona for the sale of canal lands. jn force Feb, 

22, 1839. 
Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That in selecting lands 
for sale in the execution of the laws authorizing the sale of 
canal lands, the commissioners shall, so far as may be consist- Duty of com 
ent with the public interest, select those lands on which im- missioners. 
provement was made previous to the first day of March, one 
thousand eight hundred and thirty-five; and in valuing said 
lands the price shall be fixed without reference to improve- 
ments, and as though it had never been occupied or used. The 
improvements shall also be valued separately; and whatever 
injury or deterioration of value the land may have sustained, 
by reason of the occupation or use thereof, shall be deducted 
from the present value of the improvements, and added to the 
value of the land; and upon making sale of said land, pur- 
chasers shall be required to pay in advance the value of such 
improvements ascertained, and (after making the deduction 



158 LAWS OF ILLINOIS. 

aforesaid,) settled upon the principles aforesaid, in addition to 
the ten percent, upon the price ot the land; which sum shall 
be paid to the owner of the improvement in case such owner 
is not the purchaser thereof. 
Injury done to Sec. 2. When the injury to lands, bj rcason of the occu- 
lands. pation or use of the same, sliall be estimated to exceed the 

value of the improvements, the owner of the improvement shall 
nol be entitled to any compensation therefor. 

Sec. 3. It shall not be necessary for the Board of Canal 
Commissioners to require the service of assessors in ascertain- 
ing damages accruing to individuals by reason of the use of 
land, water, or timber, where said Board can agree with the 
claimant for such damages. 
d'""*^^j°^^ ^Ec. 4. In constructing the canal, the commissioners shall, 
whenever it be found practicable, cause tlie water to be drain- 
ed from canal lands subject to inundation, in case they shall 
be satisfied the value ol such land will be enhanced thereby 
to an amount sufficient tojusLiiy the expense of such draining. 

S" ro ement^ ^^^* ^' ^^ ^" ^"-^ ^'^^^ ^^° ^^ more persons shall claim to 
' be owners of the same improvement adverse to each other, 
and the question of right is not decided belbre a sale of the 
1 land on which such impiovcmcnt is situated, the price paid 

for the improvement shall be retained until the question is de- 
cided; and the Board shall also retain out of the money all 
costs which may be adjudged against the Board in the settle- 
ment of such question. 

Percent. re- ^ec, 6. Hereafter, the per ccntage retained from con- 

tolncd Irufn ■. 

nontractors. tractors upon estimates of work done shall not exceed twenty 

nor be less than ten per cent, upon the amount of the estimate; 

and this section shall be held and considered as a part of the 

act, entitled "An a-^t to amend the several laws in relation to 

the Illinois and Michigan canal," passed at the present session 

of the General Assembly. 

Sec. 7. In cases where one improvement is situated upon 
two lots of land lequiied to be sold separately, the valuation 
of the improvements shall be made with reference to the lots 
of land and the lines dividing the same. 

Approved, February 22, 1839. 



In force, Feb, AN ACT concerning the road [from] Warsaw to Quincy. 

22, 1839. 

Sec. 1. Beit n^aded hy the. People of ihe State of Illinois^ 
represented in the General Assembly, That Levi Williams and 
Com'rs to William Crawford, of Hancock county, and E. P. Wade, of 
locate road, Adams county, be, and they are hereby, appointed commis- 
sioners to view, mark, and locate, a State road from Warsaw, 
in Hancock county, to the town of Lima, in Adams county, 
on the nearest and best route, doing as liHle injury to private 
property as a due rcraid to the public good will permit. 



LAWS OF ILLINOIS. 159 

i Sec. 2. Said commissioners, or a majority of them, shall T^'^e^&pla<=« 
ineet at Warsaw on the tirst Monday in May next, or withm 
[hrce months thereafter, and, after being ^"ly^f^'^™ .before 
[ome justice of the peace faithfully to perform the duties re- To be sworn. 
:mired by this act, shall proceed to lay out said road as pro- 
vided in the preceding section; and shall designate the route 
|)f said road by placing stakes in the prairie, and blazes on the 
!;rees in the timber. The said commissioners shall, as soon as 
:he road shall be laid out, make and file a report in the clerks f^pon 
office of the county commissioners' courts of Hancock and 
Adams counties. 

Sec. 3. Said road, when so laid out, and the road as now 
laid out from the town of Lima by order of the cou.ity com- 
missioners' court of Adams county, by way of the bridge now 
being built on Bear creek, to Quincy, in said county, be, 
and the same is hereby, declared to be a State road, and shall 
be opened four poles wide, and kept in repair as otiicr State 

Sec. 4. The commissioners appointed by this act shall 
each receive a compensation for their services, not exceeding Payofcom'rs. 
two dollars for each day employed in locating said road, to be 
p lid out of the treasuries of Hancock and Adams counties, in 
proportion to the length of the road laid out by them in each. 

Approved, February 22, 1839. 



AN ACT ta nutliovizc Amzi Doolittle to keep a ferry across the Mississippi In force^, Feb. 



22, 1839. 



Sec. 1. Be it enacted by the People of the State of Illinois, 
repnsmt.d in the General Assembly, That Amzi Doolittle be 
auLhorizsd and licensed to keep, for the term of ten years, a 
ferry across the Mississippi river, at section two, in township Fevry estab- 
seven north, and in range eight, west of the fourth principal lished 
meridian, in the county of Hancock. 

Sec. 2. The said Doolittle shall cause said ferry to be fur- J^^^'^^J^^J^ 
hished with a good light boat or boats, if more than one be 
necessary, and of sufficient strength and dimensions for the 
safe and speedy transportation of all passengers, their teams, 
goods, and chattels; and said boat or bo.-ts shall be well fur- 
nished with men of sufficient strength and skiU to manage 
them; and, in other respects relating to the management of 
said ferry, the said Doolittle shall be governed by the provi- 
sions of an act, entitled "An act to provide for the estabhsh- 
mcnt of ferries, toll-bridges, and turnpike ror.ds," approved 
, February 12, LS37. 

Sec. 3. The said Doolittle shall be allowed the same Rates of fer- 
rates of ferriage as are now allowed by the county commission- "age. 
ers' court of Hancock county to Edward White, for similar 
services at his ferry. 

Approved, February 22, 1839. 



160 LAWS OF ILLINOIS. 

'°19 'l839^'^' ^^ ^^'^ '"'^'^"^ '° '""^"'^ "^ P^°^^^^ ^S=^i°«^ corporations. 

Sec. 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General .Assembly, That in all suits instituted 
against anj incorporated companj in this State, a summons, 
returned, executed on the president thereof, or served by 
leaving a copy oi the summons with the principal clerk, cash- 
ier, or secretary, of such company, at his office, within such 
time, and under such regulations as are or shall be provided 
Process ^^^ ^^^ ^""f '};l Service of such process in suits against natural 

against, suffi- persons, shall be deemed a sufficient service whereon to ground 
cient service, subsequent proceedings and judgment against such companr. 
Proviso lu """^ "^^"'^ of this State having jurisdiction: Provided.Thil 

the provisions of this act shall not be construed to interfere 
with any mode of suing counties, or other corporations spe- 
cially provided in any statute law of this State. 
Approved, February 19, 1839. 



In force Mar. AN ACT to legalize the sub-division of block thirty, in the school sectiau 
''' ^°^''- addition to the town of Chicago. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the survey and plat 
ol the sub-division of block number thirty, in the school sec- 
tion addition to the town of Chicago, in the county of Cook, 
as made and recorded at the instance of Russell E. Heacock, 
Plat vacated, be vacated and set aside; and that the sub-division of said 
Plat declared ^^''\''^ ^^^^ ^"^^ recorded at the instance of Francis G. 
^^^yecJa:edBlanchard, be, and the same is hereby, declared to be the 
legal and proper sub-division of the same. 

Certificate of This bill haWng remained with the Council of Revision ten day; and' 
bee. State. the General Assembly being in session, it has become a law, this ;^d March 

A. P. FIELD, Secretary of State. 



In force, Feb. a xr * /^rr. . 

'22, 1839. ^^ ^^^ ^o organize the County of Carroll. 

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

represented in the General Assembly, That all that tract of coun- 

Boundaries *7 contained within the following boundaries, to wit: Begin- 

of Carroll ning at the northwest corner of town twenty-five north, range 

county. two, east of the fourth principal meridian ; thence, east, on said 

township hne, to the middle of range seven; thence, south, on 

the section line, to the north boundary of Whiteside county; 

thence, west, along the north boundary of Whiteside county^ 

to the middle of the channel of the Mississippi rive i-; thence, 

up the middle of the channel of the Mississippi river, to a 



LAWS OF ILLINOIS. 



161 



point opposite the place of beginning; thence, east, to the 
place of beginning, shall constitute the county of Carroll. 

Sec. 2. That, for the purpose of fixing the permanent County seat to 
seat of justice of the said county, it shall be lawful for the ^^ established 
legal voters within the above named boundaries to meet, on ^ ''^^^' 
the second Monday in April next, at the several places of 
holding elections, and vote for the place where the county seat 
shall be located, and the place receiving a majority of all the 
votes given shall be the permanent seat of justice of said 
county; and if no one place shall have received a majority of 
all the votes given, then it shall be lawful for the said legal 
voters to meet, at the several places of holding elections, on 
the second Monday in July, 1839, and then and there select 
and vote for one of the two places only heretofore voted for 
in April having the two highest number of votes where the 
county seat shall be located; and that place having a majority 
of all the votes given shall be the permanent seat of justice of 
said county. 

Sec. 3. The county seat shall be located on lands belong- 
ing to the United States, if a site for said county seat on such 
lands can be found equally as ehgible as upon lands owned 
by individuals. If such location shall be made upon lands 
claimed by any individual in said county, or any individual 
having pre-emption right or title to the same, the claimant or 
proprietor upon whose lands, claim, or pre-emption right, the 
said seat of justice may be located, shall make a deed, in fee 
simple, to any number of acres of said tract, not less than 
twenty-five, to the said county; or, in lieu thereof, such claim- 
ant, owner, or owners, shall donate to the said county at least 
three thousand five hundred dollars, to be applied to the build- County build- 
ing of county buildings, in six, twelve, and eighteen months ^"gs- 
after the locating said county seat. If the town of Savannah, 
in said county, should receive the majority of all the votes 
given, the proprietors or owners of said town are hereby re- 
quired to donate to said new county, for the purpose of erect- 
ing public buildings, a sufficient number of lots, in the town 
of Savannah, for the accommodation of the necessary public 
buildings, and three thousand five hundred dollars in cash, 
payable in three equal instalments, say in six, twelve, and 
eighteen months, from the time the location of said county 
seat is established. 

Sec. 4. An election shall be held on the second Monday Election for 
in April next, at the different election precincts, for the pur- county offi- 
pose of electing county officers, who shall hold their offices ''^'■^• 
until the next general election, and until their successors are 
qualified; which said election shall be conducted, in all re- 
spects, agreeably to the provisions of the law regulating 
elections. Returns of said election shall be made by the judges 
and clerks to the justices of the peace within said county. 
Said justices of the peace shall meet at the town of Savannah, 
withm seven days after said election, and proceed to open 
. II 



162 LAWS OF ILLINOIS. 

said returns, ard in all things perform the duties required by 
law of the clerks of county commissioners' courts and justices 
of the peace in hke cases. 
Com'rs to Sec. 5. That the county commissioners shall meet at the 

meet at Sa- iown of Savannah, within ten days after their election, and, 
vaunah. being first duly sworn, shall proceed to lay off the county 

into justices' districts, and shall order an election to be held 
for the purpose of electing additional justices of the peace 
and constables within said county; shall provide means for 
raising a county revenue, lay off the county into road districts, 
appoint supervisors, assess the amount of road labor, and per- 
form such other duties as are required bylaw: Provided, That 
' nothing in this section shall be so construed as to repeal out 
of office any justice of the peace or constable now entitled 
and residing within the limits of said new county. 
Courts held in ^Ec. 6. The courts of said county shall be held at the 
Savannah. town of Savannah, until a suitable preparation can be made 
Carroll co. to q^- ^^i^ county seat; said county shall constitute a pai't of the 
Cth judicial sixth judicial circuit, and the circuit court shall be held for 
circuit. said county twice a year, at such time as may be fixed by the 

judge of said district, until otherwise provided by law. 

Sec. 7. The qualified voters of the county of Carroll, in 
all elections except county elections, shall vote with the dis- 
Cl'ks oi Car- trict to which they belong; and the clerk of the county com- 
roll and Jo missioners' court of said county shall compare the election 
compare poll- returns of said county with the clerk of the county of Jo 
books. Daviess, and shall make returns of elections to the Secretary 

of State as is now required by law. I'he provisions of this sec- 
tion shall be observed until the next apportionment, or until 
otherwise provided by law. 
Part of Ogle Seo. 8. The east half of the seventh range lying north 
county. Q^ Whiteside county and south of Stephenson county, in 

towns twenty-three, twenty-four, and twenty-five north, shall 
be attached to and form a part of Ogle county. 
Approved, February 22, 1839. 



\n force Feb. ^•'^ ACT to establish the Illinois Asylum for the education of the deaf 



23, 1839. 



and dumb. 



Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented iti the General Assembly, That Thomas Carlin, 
TdTo'd'^Tli"^^"^^^ G. Whitney, and Thomas Cole, of Adams county, Ot- 
fic. ° y P" ^" way Wilkinson, Samuel D. Lockwood, Joseph Duncan, Den- 
nis Rockwell, William Thomas, Julian M. Sturdevant, George 
M. Chambers, Samuel M. Prosser, Porter Clay, and Mathew 
Stacy, of Morgan county, Richard F. Barrett and Samuel H. 
Treat, of Sangamon county, Cyrus Walker, of McDonough 
county, Benjamin F. Morris, of Hancock county, William E. 
Withrow and James McCrosky, of Schuyler county, and 
Thomas Worthington, of Pike county, be, and they are hereby, 



LAWS OF ILLINOIS. l^ 

created a body politic and corporate, to be styled and 
known by the name of "The President and Directors of the 
Illinois Asylum for the education of the deaf and dumb," and gjyi^^ ^'^' 
by that name and style to remain and have perpetual succes- 
sion, with power to sue and be sued, plead and be impleaded, Powers. 
in all courts of law and equity; and they and their successors ,, 
in office may have and use a common seal, and may change 
and alter the same at their pleasure ; and shall be capable in 
law, by the name and style aforesaid, of purchasing, iiolding, 
and conveying any real and personal estate for the purposes 
of this incorporation, and for none other: Provided^ That the 
individual property of the commissioners shall be bound for 
the faithful expenditure of all moneys appropriated for the 
purposes provided for in this act. 

Sec. 2. The number of directors shall not exceed nine-No.of dirsc- 
teen, exclusive of the principal or superintendent of said asy- ^"'''^' 
lum, who shall, ex officio^ be a member of the board of direc- 
tors, and exclusive of the president of the board. 

Sec. 3. The object of said corporation shall be to pro- Objec?. 
mote, by all proper aad feasible means, the intellectual, moral, 
and physical culture of that unfortunate portion of the com- 
munity who, by the mysterious dispensations of Providence, 
have been born, or by disease become deaf, and, of course, 
dumb, and by a judicious and well adapted course of educa- 
tion, to reclaim them from their lonely and cheerless condition, , 
restore them to the rank of their species, and fit them for the 
discharge of the social and domestic duties of life. 

Sec. 4. Said asylum shall be located at any eligible site location. 
within four miles of the town of Jacksonville: Provided^ Said 
president and directors can obtain a donation of five acres of 
ground within said limits, suitable for the use of the same. 

Sec 5. The president and directors aforesaid shall have Powers. ! 
power, from time to time to prescribe and regulate the course 
of study to be pursued in said institution; to fix the rate of 
tuition, room-rent, and other expenses; to appoint instructors, 
and such other officers and agents as may be needed in man- 
aging the concerns of the institution; to define their duties, 
powers, and employments; to fix their compensation; to dis- 
place and remove either of the instructors, officers, or agents; 
to fill all vacancies among the instructors and agents; to erect 
necessary buildings and work-shops in which to prosecute the 
intellectual, moral, and physical instruction of the pupils; to 
purchase books, maps, charts, and other necessary apparatus 
for the use of the institution; and to make such by-laws as 
may, from time to time, be necessary relative to the manage- 
ment of the affairs of the corporation, and the regulation of 
the persons exercising r.ny of the offices aforesaid, not contrary 
to law. 

Sec. 6. The president and directors aforesaid shall faith- 
fully apply the funds of the institution, according to the best 
of their judgment, in erecting suitable buildings; in compen- 



164 



Gnardian of 
deaf and 
dumb person. 



AudiloT to 

Say to pres.& 
irectors. 



Proviso. 



Powers of di- 
rectors. 



Power of Le- 
ptfilature. 



LAWS OF ILLINOIS. 

sating the necessary instructors, ofecers, and agents ; in procuring 
books, maps, charts, and other apparatus necessary in promot- 
ing the education of the deaf and dumb children of this State, 
gratuitously, so far as the funds of the institution will admit; 
and it shall furthermore be the duty of the said president and 
directors to present to the Speaker of the Senate and House 
of Representatives, respectively, at each regular session of 
the Legislature, within the first week of the session, a state- 
ment of the funds and expenses of the institution, and of the 
number of children received and educated therein, designat- 
ing the parts of the State whence they have come, and dis- 
tinguishing between those who have been supported gratuit- 
ously, and others. 

Sec 7. Whenever the parent, guardian, or nearest friend 
of an indigent deaf and dumb person is desirous to have him 
or her instructed, application shall be made to two justices of 
the peace of the county wherein such deaf and dumb person 
shall reside, who shall certify to the inability of the parent or 
guardian to pay for his or her board and tuition ; which cer- 
tificate, being produced, shall authorize the directors of the 
institution aforesaid to receive such deaf and dumb person as 
a pupil; and each indigent pupil, so received into the institu- 
tion, shall be provided with board, lodging, and tuition, gra- 
tuitously, so far as the funds of the institution will admit. 

Sec. 8. In order to aid the funds of said asylum, the Au- 
ditor of Public Accounts is hereby authorized and required, 
annually, before making an apportionment and distribution of 
the interest upon the school, college, and seminary fund among 
the several counties of the State, to pay over to the said pres- 
ident and directors, out of said interest, a sum not exceeding 
one quarter per cent, upon the whole amount of said school, 
college, and seminary fund: Provided^ That the Legislature 
may, at any time, repeal the eighth section of this act. 

Sec. 9. The said directors, or a majority of them, when 
met, shall constitute a board, and shall have power to appoint 
a president, a vice president, a treasurer, and secretary, (the 
president and vice president to be selected from their own 
body) and to prescribe their duties, and fix their term of ser- 
vice: and said president and directors shall have power to fill 
all vacancies which occur in their own body, by death, resig- 
nation, or otherwise. 

Sec. 10. The Legislature shall have power, from time to 
time, to altdr and amend this charter, and to make such 
changes in the mode of conducting and managing the institu- 
tion aforesaid, as to them shall seem best calculated to advance 
the interest of the same, and promote the objects of this in- 
corporation. 

Sec U. This act shall be deemed and taken as a public 
act, and shall be in force from and after its passage. 

Approved, February 23, 1839. 



LAWS OF ILLINOIS. i6,*J 

AN ACT to amend an act, entitled "Ad act to protect the canal lands In force, Feb. 
against trespassers," approved March 4, 1837. 26, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That each and every Agenta^did- 
agent elected or appointed under the provisions of an act of 
the General Assembly, entitled "An act to protect the canal 
lands against trespassers," approved on the fourth day of 
March, one thousand eight hundred and thirty-seven, shall be, 
and they are hereby, discharged from all further duty under 
the act aforesaid; and, immediately upon the passage of this 
act, the Board of Canal Commissioners shall appoint one or Com'rs to ap- 
more agents, not exceeding three, under the provisions of said P°'"' agents, 
act, and vest them, jointly and severally, with all the power, 
and require them to perform all the duties specified in said 
act, and such other duties as the Board may deem requisite 
to the protection of the interest of the State and the protec- 
tion of the public property. 

Sec. 2. The agents to be appointed under the provisions Duty ot 
of this act shall notify each person residing upon canal lands, agents 
or who may cultivate any part thereof, that unless he or she 
will execute bond as required by the act to which this is an 
amendment, and agree to comply with the provisions thereof, 
as amended by this act, that he or she must, within twenty days 
after such notice given, abandon the occupation or cultivation 
of the same; and each and every person who shall fail or refuse 
to abandon the occupation, possession, or cultivation of any 
canal lands, upon being notified as aforesaid, shall be liable to 
pay the sum of five dollars for every day which he or she shall 
continue in the occupation, possession, or cultivation of such 
lands, after the expiration of the time limited by this notice of 
the agent; which sum may be recovered in an action of debt or 
assumpsit, in the name of the State of Illinois, before the circuit 
court ofany county in the State,oranyjusticeofthepeaceofany 
county where such person may reside, or be found; and separate 
actions may be maintained for every day's violation of the law, 
or actions may be maintained for the penalties incurred by 
two or more days' violation thereof: Provided, That this sec- Proviso. 
tion shall not apply to improvements upon lots owned by the 
State adjoining Ottowa, or to any lots situated within the 
limits of any town or village laid off by the Canal Commis- 
sioners. 

Sec 3. Persons who have or may execute bonds to the 
State, under the provisions of this and the act to which this 
is an amendment, shall be permitted, in all cases, to remove Crops may be 
the crops growing upon lands occupied or cultivated at the '■^'"*'^®d- 
time of the sale thereof by the State; and the same privilege 
is extended to those who remove from land without having 
executed such bond. 



l^Q LAWS OF ILLINOIS. 

Audits may Sec. 4. The agents appointed under the provisions of this 
Kell woot],&,c. act may, under the direction of the Board of Canal Commis- 
sioners, sell wood or timber lying upon the ground on canal 
lands; but no tree standing or growing upon said land shall 
be sold, under any pretence whatever. 
Peisoiisre- Sec. 5. If any person shall, without authority of law, 

moving stone quarry and remove from any canal lands any rock or stone, or 
^'^ ^' shall remove from said lands any rock or stone already quar- 

ried, or if any person shall use any rock or stone taken irom 
canal lands, each and every such person shall be liable to pay 
at the rate of five dollars for each perch of such stone, to be 
recovered, by action in favor of the State, under the provis- 
ions of the act to which this is an amendment, as though such 
rock or stone had been embraced in said act. 
Ageias mny Sec. G. Agents appointed under this act shall be subject 
be removed. ^ ^^ displaced at any time hy the Board of Canal Commis- 
sioners, and shall be bound to perform any service required by 
the Board, as well as the duties specially pointed out by law ; 
and the Board shall have power to appoint others in the place 
of those displaced, and keep agents in service so long, and at 
such times, as in their judgment the interest of the State 
may demand; and the agents shall be paid by the Board a 
reasonable sum, which shall not exceed four dollars per day. 
Monej, how Sec. 7. Money collected by the agents under the provis- 
iiccoiijjtedfor. ions of this act shall be accounted for to the Board of Canal 
Commissioners, and shall compose a part of the canal funds. 

Sec. 8. The agents may, under the direction of the Board 
of Canal Commissioners, include any quantity of land in per- 
mits; and the persons to whoin permits are given shall have 
all the rights that are granted by permits under the provisions 
of the act to which this is an amendment; and the obligations 
of such persons upon the bond shall extend to the whole 
land included in the permit; and permits may be given to 
persons who do not reside on or cultivate canal lands. 

^, ^ . Sec. 9. Said agents may, also, under the direction of the 

otone quarries i r r^ i^^--*^ ,i-ji • r j 

may be open- Board oi Canal Commissioners, authorize the opening oi stone 

e(3- quarries and banks of stone, coal, or either, upon such terms 

as may be deemed reasonable, or shall be agreed on; and con- 
tracts made in relation to the use of such stone and coal shall 
be in the name of the State of Illinois, and shall be valid to 
all intents and purposes. 
Persons fail- Sec. 10. If any person, to whom a permit has been or 
mgto deliver jjjay be givcn to occupy or cultivate canal lands, shall fail to 
premises. deliver possession of the premises to the purchaser thereof, 
within sixty days after being requested to deliver and surren- 
der the same, such person shall be liable to pay to the pur- 
chaser five dollars for every day of retaining such possession 
after the expiration of the said term of sixty days; which may 
be recovered, by action of debt or assumpsit, before any court 
or justice of the peace having jurisdiction of the amount 
Proviso. claimed: Provided, however, That crops growing or standing 



LAWS OF ILLINOIS. 167 

upon land shall, in all cases, be removed by the owner there- 
of, at the season of the year when such crops are usually 
taken from lands. 

Sec. 11. If, at any time, a judgment shall be obtained Judgment on 
upon the bond of any person to whom a permit has been or'^ond. 
may be given to occupy or cultivate canal lands, such judg- 
ment shall operate as a forfeiture of all rights granted by the 
permit; and thereupon such person may be proceeded against 
as though no permit had been given. 

Approved, February 26, 1839. 



AN ACT to define the manner of proceeding in petitioning the General In force, Feb, 
Assembly for locating or altering State roads. 27, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly^ That from and after the 
passage of this act, when any of the citizens of this State 
shall deem the establishment or relocation of any State road 
to be of public utility, they, or some two of them, shall give Public notice 
four weeks' public notice, by at least four written notices post- ^ Petition. 
ed up in the most public place in each county in which the 
proposed location, change, or alteration, is about to take place, 
that they will petition the next session of the Legislature to 
establish or relocate such road ; in which notice a particular 
description of the road shall be set forth. 

Sec. 2. That at least fifty householders and citizens of Number to 
the county or counties through which said road shall pass are ^^S" petition. 
necessary to sign the petition ; and before the petition shall be 
presented to the Legislature, the persons giving said notice, or 
other creditable persons, shall make affidavit of such advertise- 
ments having been made as required by this act, before the 
clerk of the court of any county through which the road may 
pass; a certificate of which shall be given by the clerk, and 
accompany the petition. 

Sec. 3. That after the passage of this act no State road 
shall be established, or relocated, except upon the petition of 
a portion of the citizens of the county in which the same is to 
be established or relocated, according to the provisions of this 
act. 

Sec. 4. That the clerks of the county commissioners' Dut.Y of coun- 
courts shall, severally, issue the certificates aforesaid, upon oath *^ clerk. 
being made by any credible persons that said notices were 
given according to the provisions of this act. 
. Approved, February 27, 1839, 



168 LAWS OF ILLINOIS. 

In force, Feb. AN ACT to provide for a loan for canal purposes. 

23, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That in addition to the 
Additional loans heretofore authorized to be made for the purpose of aid- 
b"rrowed^n t "^^ ^" ^^^ construction of the Illinois and Michigan canal, 
over $4,000,- there shall be borrowed, for the purpose aforesaid, a sum not 
000. exceeding four millions of dollars, for a term not exceeding 

fifty years, and at a rate of interest not exceeding six percent, 
per annum, payable yearly; the payment of interest and re- 
imbursement of principal to be made at such place, within or 
without the United States, and in such currency, as may be 
agreed on. 
Gov. to exe- Sec. 2. The Governor of the State is authorized and re- 
cute bonds, quired to execute bonds for and in behalf of the State, for 
any sum or sums of money which may be borrowed under the 
provisions of this act, in the English or any foreign language, 
stipulating for the payment of the interest and principal, within 
or without the United States, in such currency as may be 
agreed on by the contracting parties; which bonds shall be 
Bonds, how signed by the Governor, countersigned by the Auditor of Pub- 
signed, lie Accounts, and the impress of the great seal of State 
shall be affixed thereon hj the Secretary of State. 

Sec. 3. The State doth hereby agree and irrevocably 
pledge its faith to provide sufficient resources and means with 
which to pay the interest accruing upon said bonds as it be- 
comes due and payable, and to reimburse the principal when 
the same becomes due; and doth hereby irrevocably pledge, 
as security for this purpose, all the lands heretofore granted 
or which may hereafter be granted to the State of Illinois by 
the United States to aid the State in the construction of said 
canal; and the said canal with all its appurtenances, and 
the revenue arising from the use of said canal, and every 
branch or part thereof, subject to the liens heretofore created 
upon the lands, canal, and revenues aforesaid, as well as all 
premiums which may be obtained from the sale of bonds and 
certificates of stock created by this act; and the rents, issues, 
and profits, which may in anywise accrue to the State from 
the lands and premises herein pledged, as well as from water- 
privileges upon the line of the canal. 

Sec. 4. It shall be deemed a good execution of the power 

to borrow to sell the bonds herein authorized to be made; and 

, the said bonds shall be so framed as that they shall be in form 

Name of and substance certificates of stock, and shall be called the 

bonds. "Illinois and Michigan Canal Stock." 

Agent to sell, ^^c. 5. When bonds shall have been executed as required 
by this act, the Governor is authorized to constitute and ap- 
point a suitable agent or agents to sell and transfer the same, 
and vest the said agent or agents with full power to take all 
proper means and measures for the sale and transfer of said 
bonds. 



LAWS OF ILLINOIS. IQl 

Sec. 6. All money obtained under the provisions of this 
act shall be kept and used according to the provisions of the 
law now in force in relation to the canal fund. 

Sec. 7. The right is reserved to the State to sell any of 
the lands pledged by this act, and the proceeds of sales to be 
applied exclusively to the payment of interest upon canal loans, 
or to expenses of constructing the canal. 

Sec. 8. No bonds shall be sold under the provisions of this No bonds to 
act for less than their par value. be sold for 

Sec. 9. In contracting for loans under the provisions of ®^ ^^^° P^""- 
this act, provision shall be made for the reception of the money 
by the State in sums of one hundred thousand dollars, as the 
same may be vranting for expenditure upon* the canal. 

Approved, Feliruary23, 1839. 



AN ACT to authorize L. D. Hillerman to bnild a mill-dam across the Iq force, Feb. 
Little Wabash river, in Clay county. 23 I839, 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That Lorenzo Dovr Hil- 
lerman be, and he is hereby, authorized to build and continue Mill-dam. 
a mill-dam across the Little Wabash river, on the southvi^est across Little 
quarter of section number twelve, in township number two Wabash, 
north, of range eight, east of the third principal meridian, in 
Clay county. 

Sec. 2. The said dam shall not exceed eight ieet in height Height of dam 
from the bed of the stream, and shall be constructed with a 
down-stream slope, with a base of at least two horizontal to 
each perpendicular foot; and shall be well and sufficiently 
planked and kept in repair so as to allow of the safe passage 
of the descending navigation on the said river. 

Sec 3. The State hereby reserves the right of construct- Right of State 
ing a lock, chute, sluice, or other device, for the transit of ^o build lock, 
the trade on ^he river, over, around, or near the site of the 
said dam, whenever it may be deemed advisable by the Legis- 
lature for the improvement of the navigation of said river, 
without any charge or cost to the State for the right of way, 
bj the said Hillerman, his successors or assigns. 

Approved, February 23, 1839. 



170 LAWS OF ILLINOIS. 

In force, Feb. AN ACT to relocate a part of the Vincennes and Chicago State road via 
23, 1839. Russelville, and to declare a certain road therein named a State road. 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That J. B. Shaw of Law- 
Commission- '^ence county, James H. Wilson and William Magil of Craw- 
ers appointed ford countj, be, and they are hereby, appointed commis- 
to review and sioncrs to view, survey, mark, and relocate, (via Russelville,) 
of Sme r^;ad! ^° niuch ofthe Vincennes and Chicago State road as lies be- 
tween Gibson's ferry, at Vincennes, and John Foxe's, in 
Cravi .brd county. 
Time & place Sec. 2. Said commissioners, or a majority of them, shall 
of meeting, meet on or before the first day of September next, and, after 
being duly sworn; shall commence at Gibson's ferry, opposite 
Vincennes, and from that point proceed to.perform the duties 
required of them by the provisions of the first section of this 
act; and shall file with the clerk of the county commissioners' 
courts of Lawrence and Crawford counties a report and map 
of said road ; which report and map shall be filed and pre- 
served, and shall form apart oi the record of said courts; and 
the roads, when located as above described, shall be opened 
four poles wide, and kept in repair as other State roads are 
required to be. 
Report & map Spc. 3. The commissioners hereby appointed, the survey- 
to be filed. qj.^ chain-carriers, and marker, necessarily employed by them, 
shall each receive lor their services a reasonable compensation; 
which shall be paid out ofthe county treasuries ofthe counties 
of Lawrence and Crawford equally. 
Compensa- Sec. 4» So much of the present Vincennes and Chicago 

*-^o"- State road as lies between Vincennes and John Foxe's, in 

Crawford county, is hereby declared a State road; and the 
county commissioners of Lawrence and Crawford counties are 
hereby required to cause the same to be kept open and in re- 
pair as other State roads are. 
Approved, Februarj" 23, 1839. 



In force, Feb. AN ACT to create the county of Lee from the county of Ogle. 

' ■ Sec. L Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly, That all that part of Ogle 
Boundaries of^^^'^^J lying south of aline beginning on the western boun- 
Lee county, dary of Ogle county, at the northwest corner of section eigh- 
teen, in township twenty-two north, of range eight, east of the 
fourth principal meridian; thence, on the section line between 
sections numbered seven and eighteen, in said township, 
east, to the main channel of Rock river; thence, up the cen- 
tre of the main channel of Rock river, to the section line be- 
tween sections twelve and thirteen, in township twenty-two, 
north, of range nine, east ofthe fourth principal meridian; 
thence, cast, with the last mentioned section line, to the north- 
east corner of section seventeen, in township twenty-two north, 
of range ten, east ofthe fourth principal meridian; thence, 
south, to the southeast corner of the last mentioned section; 



LAWS OF ILLINOIS. 17 i 

and thence, east, with the section lines, to the eastern boun- 
dary of the county, shall constitute the county of Lee. 

Sec. 2. That Lorin G. Butler of Cook county, E. H. Nich- Com'rs to lo~ 
ols, of Whiteside county, and D. G. Salsbury of the county of ^^^^ co.seat, 
Bureau, be, and they are hereby, appointed commissioners to 
locate the seat of justice for said county of Lee; and said 
commissioners, or a majority of them, sliall meet at the town 
of Dixon, on the first Monday in May next, or as soon there- 
after as may be, and, after being duly qualified before some 
justice of the peace faithfully to perform the duties required 
of them by this act, shall proceed to locate and establish the 
permanent seat of justice of said county of Lee, having due 
regard to the settlements and the convenience of the present 
and future population of said county ; and when so located 
shall be and remain the pei'manent seat of justice. 

Sec. .3. If said seat of justice shall be located on lands If co^'^at Jio- 
which have been laid off into town lots, the owners or j^^^off^ 
proprietors of the same shall donate and convey unto the Donations, 
county commissioners of said county of Lee, and their suc- 
cessors in oflice, for the use and benefit of said county, neces- 
sary land on which to erect public buildings, which shall be 
erected thereon; and shall enter into bonds, with approved se-' 
curity, to the county commissioners, and their successors in 
ofiice, for the use and benefit of said county, to pay the sum 
of three thousand five hundred dollars, in three equal instal- 
ments, one-third in three months, one-third in nine months, 
and the remaining third in fifteen months, from the time of 
said location. And if the county seat shall be located on . 
}ands claimed by any individual, not laid off into town lots, the 
owner or proprietor sliall donate unto the county, as aforesaid, 
at least twenty acres of land, on which public buildings shall No. of acres to 
be erected, or enter into bonds to the county commissioners ^®'^'^'^'^*^*^- 
in such sums and conditions as is required if the same shall be 
located on lands laid off into town lots. And all money accru- 
ing from the sale of any lands which may be donated to said 
county, or may be received on said bonds, shall be appropria- Court house 
ted to the erection of a suitable court house and jail. And, 
until public buildings are erected, the several courts of the 
counties of Ogle and Lee shall be held at such place, in their 
respective county seats, as the county commissioners shall di- 
rect. 

Sec. 4. The citizens of the county hereby created are Ri|:hts and , 
entitled, in all respects, to the same rights and privileges as P^yileges of 
are allowed in general to other c©unties in this State. 

Sec 5. It shall be the duty of the clerk of the county com- Duty of clerk 
missioners' court of Ogle county to order an election to be ^^ ^s'® *'°- 
Ifefd in the several precincts in the county of Lee ; which or- 
der shall be directed to the judges of election in the several 
precincts in said county of Lee established by the county com- 
missioners' court of Ogle county, to be held at the several 
places of holding elections in the several precincts, for the 



172 LAWS OF ILLINOIS. 

Election for election of county officers for the county of Lee; which elec- 
co. officers. ^.^^ ^^^jj ^^^ j^^^^ ^^ ^_^^ ^^.^^ Monday in August next, and 

shall be conducted in all respects agreeably to the provisions 
of the law regulating elections. 

S"of elliSol' ^^^* ^' ^^ '^^^^ ^"^ *^® ^"^^y ^^ *^^ J^^S^^ ^^ ^^^ election 
* so ordered to make returns thereof to the clerk of the county 
commissioners' court of Ogle county, who shall, together with 
two justices of the peace, proceed to canvass all the votes 
taken in the county of Lee, and shall deliver their certificate 
to each officer so elected; and shall also deliver to the clerk of 
Poll -books to Lee county, so soon as he shall have been qualified, all the 
?o clik^Let poll-books of said election, whose duty it shall be to forward 
county. an ahotract to the Secretary of State, in such manner and form 

Abstract to as is required in other counties in this State. The county of 
Sec'j State, j^^^^ hereby created, shall continue to form a part of the 
county of Ogle until after said election, as is above provided; 
and the county commissioners so elected shall be qualified. 
Time & place ^^.^^ j^ fj^j^g county commissioners elected under this act 
CO, com'rs. shall meet at the town of Dixon, within five days after receiv- 
ing certificates of election, and shall qualify by delivering the 
proper oath of office to each other; and shall require their 
clerk, so elected, to enter into bond and take the oath of of- 
fice as is required by law. It shall then be the duty of said 
Term of of- clerk to ascertain, by lot, the term each of said commission- 
^*'®* ers shall serve, according to the provisions of an act, entitled 

"An act to amend an act, entitled 'An act establishing courts of 
county commissioners,'" passed March 22, 1819. 

Sec. 8. The county of Lee hereby created shall vote 
with Jo Daviess county for Senators and Representatives until 
the next apportionment. 
Pay of com'rs Sec. 9. The commissioners appointed by this act to locate 
seat°^^'^ ^^' *^® ^^^* of justice in the county of Lee shall receive two dol- 
lars per day for each and every day necessarily spent in dis- 
charging the duties thereof, to be paid out of the county trea- 
sury. 
* Approved, February 27, 1839.' 



In force, Feb. AN ACT to relocate part of a certain State road therein named. 

26, 1839. * 

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

locate road, represented in the General Assembly^ That John McFatridge, 
of Johnson county, Josiah Blackman and James G. Hutchin- 
son, of Gallatin county, are hereby appointed to review and 
relocate that part of the Stcte road leading from Equality to 
Vienna as lies between William G. Hutchinson's and Vienna. 
Time & place Sec. 2. Said commissioners, or a majority of them, shall 
of meeting, jjjget at the house of William G. Hutchinson, on the first 
Monday in June next, or within six months thereafter, and, 
after being sworn by some justice of the peace or qualified 



LAWS OF ILLINOIS. 173 

officer, faithfully and impartially to perform the duites requiied 
of them by this act, shall proceed to review, survey, mark, 
and relocate said road, commencing at or near the house of 
William G. Huchinson; thence on the best route, to or near 
the house of Josiah Blackman; thence to or near the house 
of Hall Whitakers; thence to James Leslie's; and thence, 
on the nearest and best route, to Vienna, in Johnson county. 
They shall report the same, giving a plat, distances, and 
courses, to the commissioners' courts of each county through 
which said road shall pass. 

Sec. 3. Said road shall be four poles wide, and shall be ^^^* ^"^ ^"'■~ 
opened, worked, and kept in repair as other State roads are. ^jlh clerk 

Sec. 4. Said commissioners shall be allowed the sum of 
two dollars per day, for the time necessarily employed in re- 
locating said road, to be paid out of the county treasuries 
through which said road shall pass; and also a reasonable 
allowance to the surveyor and chain-carriers, or hands, that 
may be employed by them for laying out said road. 

Sec. 5. The said road, when so laid out, shall be opened Trustees of 
by order of sa'id commissioners' court, without delay, and kept J^ l^ ™road 
in repair: Provided, That the said road, when so laid out as Proviso, 
aforesaid, shall in nowise be construed as to authorize the 
location of the old road leading from the said Hutchinson's to 
the town of Vienna, unless upon the petition of a majority of 
the persons residing in the neighboorhood of said road. 

ArrRovED, February 26, 1839. 



AN ACT providing for the improvement of certain roads in Edgar county. I" force, Feb, 

Sec. 1. Be it enacted by the People of .the State of Illinois, 
represented in the General Assembly, That it is hereby made ^^^y °^ com- 
the duty of the county commissioners' court of Edgar county Ed^^arcomuy. 
to have one hundred dollars, out of the avails of the appro- 
priations made to said county out of the sales of the Gallatin 
sahne lands, approved January 16, 1836, expended on the 
road leading from Paris to the State line, in a direction to jj^j^^^^j^Qm 
Terre Haute; one hundred dollars expended on the road lead- Paris! 
ing fro.Ti Arthur Foster's to Grand View; and the remaining 
one hundred dollars, to wit, fifty dollars on the road leading 
from Bloomfield to the State Une, in a direction to Montezuma, 
and fifty dollars on the road leading from Bloomfield to the 
State line, in a direction to Clinton, if there be a road in that 
direction ; if not, then saiu fifty dollars to be expended on the 
Chicago road, between Paris and the county line dividing the 
counties of Edgar and Vermilion. 

Sec 2. Said county commissioners are authorized to Agent to take 
appoint some responsible individual to take in charge each ^'^^I'Sp ^S^^^' 
appropriation, for the purpose of economically expending the P'"°P"^ ^^ 
same, so soon as the same may become available. 



174 . LAWS OF ILLINOIS. 



tion. 



Compensa- Sec. 3. The county commissioners' court is further author- 

ized to allow the individuals appointed to superintend the 
expenditures embraced in the first section of this act, a rea- 
sonable compensation for their services, out of the respective 
appropriations. 

!Sec. 4. This act to take effect [from and after its] passage. 

Approved, February 26, 1839. 



In force, Feb. AN ACT to locate a certain road therein named, 

26, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
?*^Tr \{ ^°" represented in the General Assembly, That John O. Hyde, Da- 
vid Mark, David Alexander, Spencer Field, and Richard H. 
Snell, be, and they are hereby, appointed commissioners to 
view and locate a road, commencing at the west bank of the 
Illinois river, in the county of Peoria, and some point opposite 
the town of Pekin, in the county of Tazewell^ at low-water 
mark; running from thence, in a westerly direction, to the 
now travelled road leading from the town of Peoria, in Peoria 
county, to Canton, in Fulton county, along the Illinois bottom. 
Time and Sec. 2. Said commissioners, or a majority of them, shall 

place ofmeet- j^gg^ ^^ ^j^g town of Pekin, on or before the first Monday of 
°' September next, and, after being first duly sworn before some 

justice of the peace faithfully to perform the duties required 
. of them by this act, shall proceed to view and locate said 

road on the nearest and best possible route, taking into con- 
sideration the public convenience and economy, so as to make 
the same a permanent road. 
Plat and sur- Sec. 3. When the commissioners aforesaid shall have 
'^^/.^''jg^jr located said road, they shall cause a plat and survey of said 
road to be filed in the office of the clerk of the county com- 
missioners' court of the county of Peoria, and the road so 
located is hereby declared a public State road, and shall be 
opened one hundred feet wide and kept in repair as other 
State roads are. 
Trustees of ^Ec. 4. That the president and trustees of the town of 
improve'road. I^'^kin may, and they are hereby authorized to expend any 
sum or sums of money they think proper on said road, for the 
purpose of opening, improving, and keeping the same in re- 
pair, under their own supervision, or under the superintend- 
ence of any agent they may appoint for that purpose; 
Proviso. Provided, Nothing in this act shall be so construed as to give* 

to the president and trustees of the town of Pekin any juris- 
diction over the said road when laid out, other than the right 
to expend any amount of money on the same, in opening and 
improving it, that they may think proper to appropriate for that 
purpose. 

Approved, February 26, 1839. 



LAWS OF ILLINOIS, 175 

AN ACT to authorize St. Clair county to establish a ferry across the Mis- In force, Mar. 
sissippi river. ^ 2, 1839. 

Whereas there exist great commerce and trade between the Preamble. 
people of this State and the city of St. Louis, and as there 
is at all times, and particularly in the fall season of the 
year, an immense travel to the State of Missouri, and as this 
immense commerce and trade has to cross the Mississippi 
river at St. Louis by means of one ferry, in consequence of 
which the business is so great at said feriy that it is inconve- 
nient and injurious to the people of this State in the neces- 
sary transaction of their business, inasmuch as they fre- 
quently are detained several hours in waiting to cross: And 
zohereds the present company owning said ferry are citizens 
of St. Louis, and, having no competition, said ferry has be- 
come a complete monopoly in the hands of non-residents, 
to the great injury of the people of this State: Therefore, 
Sec. L Be it enacted by the People of ihe State of Illinois^ 
represented in the General Assembly^ That William G. Brown, ^ > , -, 
John D. Hughes, James Anderson, William Penn, and Charles ^j^tg j.oad and 
Sergeant, of St Clair county, be, and they are hereby, ap- ferry. 
pointed commissioners and are required, after having taken 
an oath faithfully to execute and discharge the duties imposed 
on them by this act, to examine the ground and locate a road 
and ferry landing between Cahokia creek and the Mississippi 
river, opposite St. Louis; and said road and ferry landing 
shall be located three hundred feet wide, on the most eligible 
ground for said purpose, doing as little damage as possible to 
any buildings or improvements on said ground; and said road 
and feiry landing, when so located, and the report of said ^®P°'** ^° '"^" 
commissioners filed in the office of the clerk of the county ^ ' 
commissioners' court of St. Clair county, shall be and remain 
a public highway forever. 

Sec. 2. The county commissioners' court of said county of Co. com'rs' 
St. Clair be, and the same are hereby, authorized and empower- f^^ty. 
ed to cause said land on which said road and ferry landing shall 
have been so located according to law, to be condemned, and to 
pay to the legal owner or owners of said land the damages 
thereby sustained by said owner or owners; and after said land 
is so condemned, and the damages paid out of the funds of Damages sus- 
said county, the said county commissioners' court shall have twined, 
power, by their agents or otherwise, to enter upon said land, » 

so condemned, and establish a ferry across the Mississippi Ferry across 
river: and said county commissioners' court may either carry *^® .^^f^-^^^^P" 
on said ferry for the county itself, or it may lease the same, for ^ . . ' , 
any term not exceeding five years at any one time, to any per- leas/d. 
son or persons, or corporations, on such terms as said court 
may deem reasonable, they, the said court, having, as in other 
cases, the power to regulate the tolls of said ferry : Provided, 
That the county of St. Clair shall cause to be paid into the l^aTe^^^easu 
State treasury, at the end of each year, thirty per cent/ on ry^ ^ 



176 LAWS OF ILLINOIS. 

all the profits arising from said ferry established under this act, 
after deducting the expenses for carrying on and conducting 
the same; and every omission of said county faithfully and 
punctually l;o pay over said thirty per cent, of such profits 

Forfeiture of g^all work a complete forfeiture of all the rights herein vested; 

"^ ^^' and the State shall have power to resume and take posses- 

sion of the same as by due course of law in similar cases. 

Appraisement Sec. 3. That for the purpose of compensating the legal 

of damages. Q^j^gj. qj. owners for the land thus appropriated for public use, 
it shall be the duty of the commissioners' court of St. Clair 
county to cause the sheriff of said county to summon twelve 
good and lawful men, who shall be of kin to neither of the 
legal owners of said land, who, being by said sheriff duly 
sworn to inquire of the damages, shall, in view of the land, 
certify the amount of damages which such owner or owners 
may sustain by reason of the location of the road and ferry 
landing as aibresaid; which certificate or verdict shall be 
signed by said jury, and shall be filed in the office of the clerk 
of the county commissioners' court aforesaid. The said cer- 
tificate or verdict shall contain the metes and bounds of the 
land taken and appropriated for the road and landing as afore- 
said; and if either the owners of said land, or the county 
commissioners of said county of St. Clair, shall be dissatisfied 
with such assessment of the value of the land found by the jury 

Appeal. as aforesaid, either of them may appeal to the circuit court 

of the county of St. Clair; and, upon notice to the said sher- 
iff of such intention to make such appeal, he shall forthwith 
file, in the office of the clerk of the circuit court of said county, 
all the proceedings had before him in such assessment; and, 
thereupon, the said court shall, at its first term thereafter, pro- 
ceed to make a new assessment by a jury in a summary man- 
ner, adopting such procee(hngs as shall be necessary therefor; 
which shall be final and conclusive between the parties. 
Approved, March 2, 1839. 



In force, Feb. AN ACT to vacate the town plat of the town of Auburn. 

23, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
repyesented in the General Assembly, That Edwin L. Case, 
the proprietbr of the town of Auburn, situate in township 
number twenty-four north, range three, west of the third prin- 
cipal meridian, in the county of Tazewell, be, and he is here- 
Flat of town by, authorized to vacate the survey and plat of said town of 
l^J'J^l^.^- Auburn: Provided, That said Edwin L. Case shall be the 
owner of the entire plat of said town, and shall make out 
such vacation in writing; which shall be acknowledged before 
some justice of the peace, and recorded in the recorder's ofiice 
in said county. 

Approved, February 23, 1839. 



Proviso. 



LAWS OF ILLINOIS. 177 

AN ACT to amend the several laws in relation to the Illinois and Michi- In force, Feb. 
gan canal. 26, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sales of canal Sale of lots 
lands and town lots, heretofore authorized bj law, shall be ^'^S"^^'^^- 
regulated as follows: The terms of sale shall be, that each Terms of sale, 
purchaser shall pay, at the time of sale, ten per cent, on the 
amount of the purchase, and shall be bound to pay an interest i^^^^^ 
of six per cent, per annum, upon the balance, at the end of ly for twenty^' 
every year, for twenty years; at which time the principal years, 
shall be paid. The lands and lots heretofore valued shall 
be revalued, before being offered for sale under the provisions 
of this act: and if the sales of lands selected for sale under 
the provisions of the act, entitled "An act to provide for the 
sale of certain canal lands and for other purposes," approved 
on the twenty-first day of July, one thousand eight hundred 
and thirty-seven, shall not amount to four hundred thousand 
dollars, within three months from the termination of the last 
public sale thereof, the commissioners are authorized to select other lots 
other lots of land, under the provisions of said act, and, after may be sold, 
valuing them as required by law, offer them for sale upon the 
terms herein provided, and continue to make selections, valua- Sales to con- 
tions, and sales, after the expiration of three months from the ^i°QQ g|J^ 
termination of the last sale, until the sales shall amount to have been ^ 
the aforesaid sum of four hundred thousand dollars. raised. 

Sec. 2. In all sales of lands and lots under the provisions Conditions of 
of this act, the following conditions shall be annexed, and ^^^^®" 
shall compose part of the contract: 

1. That the purchaser will not appropriate or use the lot or First, 
land so as to reduce its value by means of the use thereof. 

2. That, on failure to make payment of interest and prin- Second. 
cipal, according to the terms of sale, all rights acquired by 

the purchase, and the money paid, shall be forfeited to the 
State. 

3. That payments upon purchases shall be made at Chi- Third, 
cago, Ottawa, or Lockport, as may be provided by Irw, to the 
person or persons who may be authorized to receive the same. 

4. That timber upon land purchased shall not be sold, ex- Fourth 
cept upon being converted by the owner of the land into 
furniture or machinery, and shall be used only, with this excep- 
tion, for ordinary farming or agricultural purposes, upon the 
land of the purchaser. 

5. That a violation of any one of the conditions of sale pj^^ij 

shall work a forfeiture of all rights acquired by the purchaser. ' t 

6. That a lien shall exist in favor of the State, as well gj^th, 
upon all improvements, buildings, and machinery, which maybe 
made or placed upon lands or lots, for the payment of the 
purchase money and interest, as upon the said lands or lots. 

7. That in case of forfeiture of any lot or land for non- Seventh, 
payment of interest or principal of purchase money, or for 

any violation of the conditions of sale, the purchaser shall 



178 



Eighth. 



Ninth. 



Tenth, 



LAWS OF ILLINOIS. 

be liable to pay the difference between the- price for which j 
the land may be subsequently sold and the price agreed to j 
be paid by such purchaser: Provided^ That such difference i 
shall have been occasioned by any act of the purchaser, or ; 
shall be a consequence resulting from improper use of the | 
premises, or any part thereof. 

8. That no buildings or fixtures shall be removed from any 
lot or land sold under the provisions of this act, without the 
consent of the Board or State. 

9. That no stream of water passing through the canal lands 
shall pass, by the sale, so as to deprive the State from the 
use of such water, if necessary to supply the canal, without 
charge for the same. 

10. That the State, the Board of Canal Commissioners, the 
agents of each, and all contractors acting under the authority 
of the Board or State, shall have a right of way over and' 
upon said land in the construction and use of the canal, i 
free from charge: Provided^ That purchasers or owners may; 
select the ground on which roads for the uses aforesaid shall! 
pass, if there be no road at the time of purchase. 

11. Lands situated upon streams which have been mean-' 
dered by the surveys of public lands by the United States; 
shall be considered as bounded by the lines of those surveys,- 
and not by the streams. 

12. Lands sold under the provisions of this act, and all im-i 
provements made thereon, shall be subject to taxation fromi 
the date of sale, according to the laws of the State which 
may be enacted with reference to other estate; the taxes to 
be assessed and collected under and according to the revenue 
laws of the State. Upon the terms and conditions specified 
in this act, the Board shall execute the laws heretofore enact- 
ed authorizing sales of canal lots and lands, notwithstanding 
the time limited ibr those sales may have expired. 

Sec. 3. Purchasers of canal lots and lands shall be enti- 
Cenificate of tied to certificates of purchase from the Treasurer of the Board, 
purchase. upon making the first payment of the purchase money, which 
shall contain a description of the lot or land purchased, and 
specify the terms of sale, and the condition upon which 
purchasers will be entitled to patents; which certificate shall 
be surrendered to the Board when full payment of the pur- 
chase money is made; and purchasers shall, upon such surren- 
der, be entitled to final certificates, which are required to be 
given by the thirty-seventh section of the act, entitled "An, 
act for the construction of the Illinois and Michigan canal," 
approved on the ninth day of January, one thousand eight 
hundred and thirty-six; and such final certificates may be 
given to assignees or transferees, upon making proof of as-; 
signments and transfers, as required by the act, entitled "An' 
a^wa^S.act in relation to the title of school and canal lands," approv- 
ed sixteenth of January, one thousand eight hundred and 
thirty-seven; and patents shall issue upon all final certificatef; 



Eleventh. 



Twelfth. 



LAWS OF ILLINOIS. 179 

;o purchasers, their heirs or assigns, as required bj the above 
•ecited acts ; and purchasers of lots and lands heretofore sold 
hall be entitled to certificates under the provisions of this 
ection. 

Sec. 4. Certificates of the purchase of canal lots and CertificateB 
ands shall be evidence of title in the purchaser, his, her, or ^^l^^"*^** "* 
heir heirs or assigns, eiicept as against the State or a patent. 

Sec. 5. The authority conferred upon the Board of Com- 
nissioners of the Illinois and Michigan canal, to make rules 
md regulations from time to time in respect to persons em- p 
(lojed about the canal, shall extend to authorize the Board Com'rTex- 

require each contractor to furnish to the Board, quarterly tended. 
II monthly, satisfactory evidence, by the oath of one or more 
tersons or otherwise, that the persons employed have been 

)aid for their services to the date of the previous payment; 
,nd, in default of furnishing said evidence, to withhold pay- 
nent upon estimates until the same is furnished, but the amount 
i^ithheld not to exceed the sum which may appear to be due 
ar services as aforesaid. 

Sec. 6. In case any person employed by contractors upon Judgment 
he canal shall obtain a judgment against the contractor for ^f '^^"^^ ^°'*" 
ervices rendered upon the canal, and the contractor shall not, 
rithin twenty days, pay such judgment, the Board is hereby Board may 
uthorized to pay the same; and such payment shall be a pay judgment, 
alid set-off against any claim of the contractor upon his 
ontract, or for any services rendered the Board or the State : 
■'rovided, That no judgment shall be paid from which an ap- Proviso, 
leal may be prosecuted, until the decision of the case in the 
ppcllate court. 

Sec. 7. In making payments to contractors, the Board is Checks on 
uthorized to deliver checks upon the bank in which the canal ^v"H^°^' 
and shall be deposited, in such amounts as may suit the con- " ^ ' ' 
enience of the contractor; the checks shall be signed by the 
'resident of the Board, countersigned by the acting Commis- 
loncr, and made payable to the order of the Treasurer; and, payable™ 
ipon making payments, the Treasurer shall take duplicate re ^ 
fcipts containing a descriptive list of the checks delivered, one 
f which shall bs filed with the Secretary of the Board, and Duplicate i-e- 
le other retained by the Treasurer; and the Secretary shall '^^'^P'^ 
|iake vf eekly reports to the bank of the delivery of such 
hecks, giving in such report a description thereof. 

1 Sec 8. The checks, being signed by the President and Checks to r^ 
cting Commissioner, shall remain in possession of the Secre- ^^^° ^^'^ 
jiry under the direction of the Board, and shall be delivered ^^^^^^'■J'' 

1) the Treasurer when required for use, who shall execute a 
|2ceipt to the Secretary, containing a descriptive list of the 
becks delivered; but no check shall be delivered to the 
j'reasurer except upon the requisition of the acting Commis- 
[oner or President of the Board. 

Sec. 9. At the end of every month, or oftener, if deemed Treasurer's 
jecessary, the Board shall examine and settle the accounts of *''^°"'*'*- 



180 



Bank ac- 
counts. 



Proviso. 

Estimates of 
work. 



Half of esti- 
mate, when 
paid. 



New meas- 
urement aiay 
be granted. 

Conditions. 



Provisions, 
&c. 



Lots may be - 



LAWS OF ILLINOIS. 

the Treasurer, and make entries on the books of the Seen 

tary, showing the true state of the accounts; and the actm 

Commissioner shall settle the accounts with the bank in whic 

the canal fund may be deposited every three months; upo 

which settlement the bank shall be entitled to credit for th 

amount of checks returned to the said Commissioner; whic 

checks, when returned by the bank, shall be delivered to tfc 

Secretary of the Board, and may be again used by the Tre? 

surer in making payments, upon the terms and in the manne 

required in the first instance; and no money shall be draw 

from the bank except upon checks executed and delivered i 

required by this act: Provided^ That no check shall be mad 

under the provisions of this act upon any bank out of this Stati 

Sec. 10. In making estimates of the amount and valt 

of work executed upon contracts, regard shall be had, i. 

fixing the price or value, as well to the work to be performc 

as that executed; and the price shall bear a rateable propoi 

tion to each; and the amount to be retained from contractor 

as security for their performance, shall have relation to tl: 

amount and value of work to be performed as weil as to th;! 

executed; and in all cases of payments upon estimate^ tl 

amount retained shall be graduated and reduced in the pn 

portions following: At every alternate estimate, one-half' 

the amount retained at the previous estimate shall be pai 

until the contract shall be more than half completed ; aft! 

which time the first payment shall include one-half of tl 

whole amount retained upon previous estimates; and, at eve; 

alternate estimate thereafter, three-lourths of the amount i 

tained at the prexious estimate may be paid, until the compli 

tion of the contract. 

Sec. 11. Contractors who feel themselves aggrieved 1 
the estimates or measurements of engineers, may apply 
the Board to order a new measurement, and such applicalic 
shall be granted upon condition that, in case the second es 
mate does not exceed the first, the contractor shall pay t 
cost of making the second estimate; and in such case t 
measurement shall be made by a different engineer from t 
one who made the first. 

Sec. 12. In order to afford facilities to contractors, t 
Canal Commissioners may purchase, and keep on hand i 
their use, provisions, powder, tools, iron and steel, upon t 
plan heretofore adapted, and deliver such articles in pay me 
of estimates at the cost thereof. 

Sec. 13. When contracts have been or may be forfeit 
or abandoned by contractors, the Canal Commissioners m? 
in accordance with the practice, make new contracts with( 
advertising for proposals, provided the price does not exce 
the estimates of the engineer. 

Sec. 14. Town lot's and land valued and offered for s. 



sold at va lua by the Board of Canal Commissioners, and not sold at put 
*^°°- aution, may be purchased at their valuation, at any time wi 



LAWS OF ILLINOIS. 181 

;i three months after being offered at public sale; the sale to 

e made by the Secretary of the Board, and the Treasurer to ^^^^^^ '^^ 

ive a certificate of purchase, upon receiving a certificate of ^J^j^^^^ 

le deposite of the amount of the purchase money m one of 

le be nks in this State ; but no one person or company shall be 

ermitted to purchase, at private sale, more than three lots, 

or more than three hundred and tv^^enty acres of land; nor 

lall any such sale be made except to persons who intend, bona 

de, to improve and occupy the lot or land purchased; and 

very purchaser, before being permitted to purchase at pri- Purchaser to 

ate sale, shall make and file with the Secretary of the Board file affidavit. 

n affidavit, in the words following: "I, A. B., do swear (or °™- 

.ffirni, as the case may be) that I desire to purchase the (here 

isert the description of the lot or land) for the purpose of 

Tiproving and occupying the same bona fide; that the pur- 

hase is not for the use of nor in trust for any person or per- ^ ' 

[)ns whateve, except for myself." 

Sec. 15. The Board of Canal Commissioners shall prp"^?™^" To*^ 
,eed to the coiistruction of the canal diverging from the main JXSet river 
runk of the llhnois and Michigan canal, through the Saga- 
laskee swamp and Grassy lake, to intersect the Calumet river 
,t the most practicable point, the survey of which was author- 
sed by the fourth section of the act, entitled "An act to amend 
he act, entitled 'An act for the construction of the Illinois 
nd Michigan canal, approved January 9, 1836,' " approved 
larch 2, 1837, whenever they shall be notified that the State 
f Indiana has commenced the construction of a correspond- 
pg work to connect her system of internal improvements with 
;he IIHnois and Michigan canal; and the cost of such con- 
truction shall be paid out of the canal funds. In form- 
tig a junction with the Illinois and Michigan canal, and at 
he Calumet river, and in the location throughout, the Board Shortest route 
Jiall adopt the most natural connection and route, keeping in 
iew the shortest, best, and cheapest route, and the interest 
►f the State in lands and otherwise. The said canal shall be 
leemed and considered as part and parcel of the Illinois and 
Michigan canal, and the laws and regulations adopted with 
■eference to the construction thereof, the duties of Canal 
^Commissioners, the making and executing contracts, shall be 
leld and deemed applicable to the canal directed to be con- 
tracted by this act. . ■ a 

Sec 16. Each judge of a circuit court of any county fj'^^J'^.JJJ^^se 
hrough which the canal passes is authorized and required to ggggP^ . 
ippoint a board of assessors, not exceeding six in number, 
mder the provisions of the act recited in the fifteenth section 
)f this act, and to fill all vacancies which may occur in said Vacancies, 
board. The powers and duties of the board, and the qualifica- 
tions of the members thereof, shall be the same as those in the 
act aforesaid; but no more than three of said board shall be 
authorized to act upon any one case. 



LAWS OF ILLINOIS. 



No damage 
allowed for 



Islands, &c. 
deemed canal 
lands. 

Purchasers 
may pay am't 
doe any time. 



When State 
agents may- 
purchase ca- 
nal lands. 



When con- 
tractor may 
have the bene- 
fits of this act. 



Contractors 
paid at Otta- 
wa and Lock- 
port. 



Where work 
can be done 
cheaper with- 
out contract. 



Sale may con- 
tinue twenty 
days. 



Sec. 17. No damage shall be allowed to any person for j 
the use of waier in any river or stream, the bed of which, or { 
some part thereof, does not belong to the claimant, nor for the \ 
use of water in any stream, whether navigable or not, if the ; 
boundaries of the land through which it passes arc fixsd by j 
land-marks, and not by the stream itself. | 

Sec 18. Islands and inundated lands, situated within the 
limits of sections of lands granted to the State by the United 
States, shall be deemed, occupied, and held as canal lands. 

Sec. 19. Purchasers of canal lots and lands may pay the 
amount due upon the purchase at any time, and receive final 
certificcites from the Treasurer, as herein provided. 

Sec. 20. The provisions of the thirty-ninth and fortieth 
sections of the act, entitled "An act for the construction of the 
Illinois and Michigan canal,'' approved on the ninth day of 
January, one thousand eight hundred and thirty-six, are hereby ' 
made applicable to sales made under the provisions of this 
act, with this exception, that, after any lots or lands have been t 
subject to private sale under the provisions of this act for the( 
period of one month, any one of the Board of Canal Commis- 
sioners, or other agent of the State, may purchase not exceed- 
ing one block of town lots, or three hundred and twenty acres 
of land on which to reside; but this provision is not to extend 
to more than one purchase, and the terms of sale to be the 
same as those imposed upon other purchasers. 

Sec. 21. No contractor shall be entitled to the benefit of 
the provisions of this act until he shall have filed, with the 
Board of Canal Commissioners a writing, under his hand and 
seal, agreeing that his contract shall be deemed and consid- 
ered as having been executed under the provisions of this act, 
and that he will be bound to comply with and conform to the 
provisions hereof as fully as it this act had been in force at 
the date of the contract. 

Sec. 22. Payments shall hereafter be made to contractors 
at Ottawa and Lockport, the place to be at the option of the 
contractor; but this provision shall not interfere with any 
arrangement which may be made by contractors with the 
Board in reference to the place of payment. 

Sec 23. If, in the construction of the canal, the Board 
shall be satisfied that any section of the work can be executed 
with less cost to the State by the employment of laborers, 
and executing the work, than by the execution thereof by 
contract, they are authorized to adopt !hat plan of execution. 

Sec 24. The laws authorizing the sale of lots and lands 
by Canal Commissioners shall be construed as conferring 
power upon the Board to continue sales from day to day for, 
any number of days not exceeding twenty. 

Approved, February 26, 1839. 



LA.WS OF ILLINOIS. 183 

AN ACT to locate a State road from Monmouth, in Warren county, to In force, Feb. 
Illinois City, in Rock Island county. -"^j i°^-*- 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Gilbert Turnbull Com'rs to 
of Warren county, J. H. Eley of Rock Island county, and locate road. 
William P. Hull of Mercer county, be, and they are hereby, 
appointed commissioners to view, locate, and mark, a road 
commencing at Monmouth, in Warren county; thence to 
Rockwell'smills, in said county; thence to McBride's mills, 
on Pope's river; and thence, via Millersburg, in Mercer 
county, to Illinois City, in Rock Island county. ^^^ 

Sec. 2. The commissioners aforesaid, or a majority oi ^j^^^ ^^ 
them, shall meet at the town of Millersburg, in Mercer county, meeting. 
on the first Monday in May, 1839, or within four months there- 
after, and. before entering on the duties of their appointment. To be swurn. 
shall take an oath before some justice of the peace fdthfully 
and impartially to locate said road, keeping in view the short- 
ness of the route and the eligibility of the ground, so as to 
make the same a permanent road, distinctly marking the same. 

Sec. 3. The said commissioners, so soon as they shall Map and field- 
have completed the location of said road, shall make out a "o^'es to be 
map; which, together with the field-notes of the survey, shall 
be filed with the clerks of the county commissioners' courts 
through which the same shall pass. 

Sec. 4. Said road, when laid out as aforesaid, shall be 
deemed a public highway, and shall be opened and kept in 
repair as such. And the county commissioners' courts of the 
counties of Mercer, Warren, and Rock Island, shall allow Pay of com'rs. 
to the commissioners engaged in laying out said road two dol- 
lars per day, each, for the time necessarily engaged in laying 
out and making returns of the same, according to the length 
of the road in each county, together with a reasonable allow- 
ance to the surveyor and other hands necessarily engaged in 
laying out said road. 

Approved, February 23, 1839. 



AN ACT to resrulate public carriages and the law of the road. In force, Feb, 

23, 1839. 
Sec. 1. Beit enacted by the People of the Slate of Illinois., 
represented in the General Assembly, That whenever any per- 
sons travelling with any carriages shall meet on any turnpike 
road orpubhc highway in this State, the persons so meeting 
shall seasonably turn their carria^jes to the right of the centre 
of the road, so as to permit such carriages to pass without in- 
terfering or interrupting, under the penalty of five dollars for penalty for 
every neglect or offence, to be recovered by the party injured : not turning 
Provided, This section shall not be construed to apply to any o"*- 
case unless some injury to persons or property shall occur by 



184 



LAWS OF ILLINOIS. 



No driver 
shall be a 
drunkard. 



Owner shall 
forfeit. 



Drunken dri 
ver to be dis 
charged. 



the driver of the carriage or wagon refusing to turn to the right 
of the beaten track; nor shall it be construed to extend to a 
case where it is impracticable, from the nature of the ground, 
for the driver of the carriage or wagon to turn to the right of 
the beaten track. 

Sec. 2. No person owning anj carriage, running or travel- 
ling upon any road in this State for the conveyance of passen- 
gers, shall employ, or continue in employment, any person to 
drive such carriage who is addicted to drunkenness or the exces- 
sive use of spirituous liquors; and if any such owner shall violate 
the provisions of this section, after he shall have had notice 
and reasonable proof that such driver is addicted to drunken- 
ness, he shall forfeit at the rate of five dollars per day for all 
the time during which he shall thereafter have kept any such 
driver in his employment, to be sued for by any person, and 
collected in any court having competent jurisdiction. The 

Penalty, how penalty, when recovered, shall be for the use of the poor of 

ispose of. g^^j^ county, except that the court in which the recovery shall 

be had may allow a portion of said penalty, not exceeding 

twenty-five dollars, to be retained by such complainant as a 

compensation for his services and expenses. 

Sec. 3. If any driver, whilst actually employed in driving 
any such carriage, shall be guilty of intoxication to such a de- 
gree as to endanger the safety of the passengers in the car- 
riage, it shall be the duty of the owner of such carriage, on 
receiving written notice of the fact, signed by any one of said 
passengers, and certified by him on oath, forthwith to discharge 
such driver from his employment; and every such owner who 
shall retain or have in his employ, within three mcnths after 
the receipt of such notice, any driver who shall have been so 
intoxicated, shall forfeit at the rate of five dollars per day for 
the time during which he shall keep any such driver in his 
employment after receiving such notice, to be sued for and ap- 
plied as directed in the last preceding section. 

Shall not run Sec. 4. No person driving any carriage upon any turn- 
pike road or public highway within this State, with or without 
passengers therein, shall run his horses or carriage, or permit 
the same to run, upon any occasion, or for any purpose what- 
ever; and every person who shall offend against the provisions 
of this section shall be deemed guilty of a misdem'^anor, and, 
on conviction thereof, shall be fined not exceeding one hun- 
dred dollars, or imprisoned not exceeding sixty days, at the 
discretion of the court. 

Sec. 5. It shall not be lawful for the driver of any car- 
■ riage used for the purpose of conveying passengers for hire, to 
leave the horses attached thereto while passengers remain 
therein, without first making such horses fast with a sufficient 
halter, rope, or chain, or by placing the lines in the hands of 
some other person, so as to prevent their running; and if any 
such driver shall offend against the provisions of this section, 



Forfeiture. 



horses. 



Precaution for 
safety of 
sengers. 



LAWS OF ILLINOIS. 185 

he shall forfeit for the use of the poor the sum of twenty dol- Driver shall 
lars, to be recovered by action to be commenced within six *^°^"^®"- 
months; and unless the amount of such recovery be paid forth- 
with, execution shall be immediately issued therefor. 

Sec. 6. The owners of every carriage running upon any 
turnpike road or public highway for the conveyance of pas- 
sengers shall be liable, jointly and severally, to the party in- 
jured, in all cases, for all injuries and damages done by any 
j person in the employment of such owners as a driver, while 
driving such carriage, to any person or to the property of any 
person; and that, whenever the act occasioning such injury 
or damage be wilful, neghgent, or otherwise, in the same 
manner as such driver would be Hable. Any driver of any mail 
stage coach, or any other vehicle for the conveyance of pas- 
sengers, wilfully offending against the provisions of this law, 
shall be deemed guilty of a misdemeanor, and, on conviction 
thereof, shall be imprisoned not exceeding four months, or Fine or im- 
fined not exceeding three hundred dollars. prisonment. 

Sec. 7. Tlieterm carriage, as used in this title, shall be Carriages 
construed to include stage coaches, wagons, carts, sleighs, "^^'^ °° ^°^^' 
sleds, and every other carriage or vehicle used for the trans- 
portation of passengers and goods, or either of them. 

Sec. 8. Nothing contained in this act shall interfere with 
or affect any law concerning hackney coaches or carriages Hackney- 
in any of the cities of this State,.nor interfere with nor affect ^o^^^^^s. 
the laws or ordinances of any such city for the licensing or 
regulating such coaches or carriages. This act to be in force 
from and after its passage. Justices of the peace shall have 
jurisdiction in all cases arising under this act where the penalty 
does not ^pxceed one hundred dollars. 

Approved, February 23, 1839. 



AN ACT to relocate the seat of justice in the county of Iroquois. In force, Feb 

23, 1839, 
Whereas the town of Montgomery, in the county of Iro- Preamble, 
quois, is within three miles of the State line of Indiana, 
and that the county seat is by law located at this town, 
and that to continue the seat at this place renders it very 
inconvenient and expensive for the citizens of said county 
to travel a great distance to the present seat of justice: 
And whereas the title to the present site is in minor heirs, 
and cannot be legally obtained: And whereas a large ma- 
jority of the inhabitants of said county ere anxious that the 
county seat should be located in a more central point, 
which will materially commode them: Therefore, 
Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That M. L. Covell, John Com'rs tolo- 
Moore, and Cheney Thomas, of McLane county, be, and 
they are hereby appointed commissioners whose duty it shall 



cate CO. seat. 



186 



LAWS OF ILLINOIS. 



of meeting. 



Report of 
com'rs. 



be to locate a permanent seat of justice for the county of Iro- 
quois. And the county seat, when selected and located, shall 
be called by such name as the said commissioners may de- 
signate. 
Time & place ^^c. 2. The above named commissioners, or a majority of 
them, shall meet at the town of Middleport, in said counlj of 
Iroquois, on the first Monday in June next, or within thirty 
days thereafter, and, after being duly sworn by some justice 
of the peace faithfully to take into consideration the conve- 
nience of the people, situation of settlements now made, and 
that may hereafter be made, and the eligibility for said site, 
shall proceed to fix upon a place for said county seat. 

Sec. 3. When said commissioners, or a majority of them, 
shall have agreed upon a place for said county seat as is pro- 
vided in the second section of this act, they shall make report 
thereof under their hands, particularly describing the place 
they have so selected, to the county commissioners' court of 
the county of Iroquois, who, at their next term shall cause the 
same to be entered on the records of said court; and the said 
place, so selected, shall be and remain the permanent seat of 
justice of the said county of Iroquois. 

Sec. 4. Should said commissioners conclude to locate said 
seat of justice on private property, or the property of indi- 
viduals, they shall ask and obtain from said individuals a dona- ' 
tion of at least twenty acres of land; or should the said loca- 
tion be made in some town or village, the said commissioners 
shall ask and obtain, of the proprietor or proprietors of said 
town or village, a donation of not less than fifty town lots of 
an average value with the remaining ones within said town or 
village; and shall also describe said donation with certainty, 
by metes and bounds, as near as may be: Provided, That should 
the proprietor or proprietors neglect or refuse to make the 
donation herein provided for, the said commissioners shall 
then be required to locate the said seat of justice on the near- 
est eligible situation on public land. And it shall be the duty 
of said commissioners, previous to locating the said seat of jus- 
tice on land belonging to an 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 
public land, the county commissioners' court shall be, and 
they are hereby, authorized and required to purchase any 
quantity of land, not exceeding one quarter section, in the 
name and for the use of the said county of Iroquois; which 
land, or such part thereof as the said county commissioners' 
court may direct, shall be laid off into town lots in such man- 
ner, and sold for the use of said county at such time and place, 
as the county commissioners' court may direct. 

Sec. 5. The co jnty commissionrs' court of said county of 
Iroquois shall allow the said commissioners such reasonable 
compensation for their services as they may deem just, not io 



Proviso. 



Further provi 

SP. 



Payofcom'rB. 



LAWS OF ILLINOIS, 187 

exceed three dolliars per day, to be paid out of the county 
treasury of said county. 

Sec. 6. All acts and parts of acts coming within the per- 
view of this act are hereby repealed. 

Approved, February 23, 1839, 



AN ACT to chans;e a part of the State road leading from Equality to In force, Feb. 
Vienna. 23, 1839- 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That William Sampson, com'rs to re- 
Hiram Job, and Ishmael Vietch, of Johnson county, be, and locate road, 
they are hereby, appointed commissioners to review and relo- 
cate that part of the State road leading from Equality to 
Vienna that lies between the Half-way branch and the town 
of Vienna, or so much thereof as they may deem to be con- 
ducive to public convenience, so as to locate the said road on 
the best and nearest route to pass by the Illinois springs. 

Sec. 2. The said commissioners shall meet at the town of Time and 
Vienna, on the first Monday of July next, or within one month P^acp of 
thereafter, and, after being sworn by some justice of the peace ™^^ ^°^" 
faithfully to discharge the duties required by this act, shall 
proceed to view, mark, and relocate said road as directed in 
the first section of this act, doing as little injury to private in- 
terest as possible. The said commissioners, or a majority of 
them, shall make report of their review, designating such Report to co. 
points as may be necessary, to the county commissioners' court com'rs. 
at their next September term; and if such report be in favor 
of such change, then the said road shall be opened and kept 
in repair as other State roads are; and so much of the present 
road as may be changed by this act is hereby vacated. 

Sec 3. The county commissioners' court of Johnson county pj^y of comii^ 
shall allow the commissioners hereby appointed such compen- 
sation as they may deem right and reasonable for their servi- 
ces, to be paid out of the couiity treasury of said county. 
This act to be in force from and after its passage. 

Approved, February 23, 1839. ' / 



AN ACT to establish a State road from Mount Sterling, via La Grange, in force Feb. 
Arnez's mills, and Princeton, to Springfield ; and for attaching part of gg 1839. 
the county of Shelby to the county of Dane. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That there shall be es-J;°^'=^^^^^°" °^ 
tablished a State road from Mount Sterling, in Brown county, 
to La Grange, and from thence to Arnez's mill, in Morgan 
county; and the roads now travelled from Arnez's mill to 



188 



LAWS OF ILLINOIS. 



Com'rs to 
locate road. 



To be sworn. 



Report to 
recorded. 



Compensa- 
tion of CO 
missioner'! 



Princeton, and froni Princeton to Springfield, are hereby de- 
clared State roads. 

Sec. 2. Joseph Kerchee, William A. Henman, and T. 
T. Rigbj, are hereby appointed commissioners to locate the 
road from Mount Sterling, via La Grange, to Arnez's mills; 
and they are required to meet at some place, and time to be 
agreed on by them, on or before the first day of August next, 
and, upon being sworn to discharge the duties required of 
them by this act, proceed to the location of the road aforesaid, 
upon the ground which will best accommodate the public inter- 
est, and mark the route so that the same can be traced by the 
supervisors; and upon the location thereof, they shall make 
a report to the county commissioners' courts of the counties 
through which the road passes; which being entered on re- 
cord, the road thus located shall be opened, and shall from 
thenceforth be a State road. Any two ol the commissioners 
may execute this act; and they shall be paid two dollars per 
day for their services out of the county treasuries, in proportion 
to the time employed in each county. 

Sec. 3. And be it further enacted^ That townships eleven, 
^ twelve, thirteen, and thesouthhalf of fourteen north, of range 
one, east of the third principal meridian, shall be added to, 
and form a part of, the county of Dane. 

Approved, February 26, 1839. 



In force, Feb. 
26, 1839. 



Legal voters 
to vote for co. 
seat. 



If no place is 
selected. 

2d meeting. 



Duty ofcl'ks 
of election. 



AN ACT to permanently locate the county seat of Mercer county. 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the Ge.ieral Assembly^ That the legal voters 
of the county of Mercer shall meet at the respective places of 
holding elections in said county, on the third Monday in April 
next, and proceed to vote for a point or points whereat to lo- 
cate the seat of justice for said county; and the point or place 
so voted for, and receiving a majority of all the votes given at 
the said election, shall be and remain the permanent .seat of 
justice of the county of Mercer, any law to the contrary not- 
withstanding. 

Sec. 2. In the event of no one place receiving a majority 
of all the votes given at the said election, it shall be lawful 
for the legal voters, on the Monday two weeks next following 
the third Monday in April, again to meet and vote, and on 
each Monday two weeks until some one place shall receive a 
majority of all the votes given at one election: Provided^ how- 
eve?, That the place receiving the lowest number of votes shall 
not be voted for at any subsequent election. 

Sec. 3. It shall be the duty of the clerks of election, or 
other authorized person, within three days after any election, 
to return the poll-books to the clerk of the county commission- 
ers' court; and the clerk shall cause the poll-books so returned 



LAWS OF ILLINOIS. 189 

to be preserved with the records of said county. It shall also 
be the duty of the clerk of the county commissioners' court to 
give at least ten days' notice, at three public places* vs^ithin 
each precinct, of the time of holding the election contem- 
plated in the first section of this act, and six days' notice of 
any subsequent eleccion provided for by this act. 

Sec. 4. If the seat of justice shall be removed from If co. seat is 
the town of Millersburg, the county commissioners shalF^™"^^'^' 
require and receive a donation, of not less than forty acres of 
land, from any individual or individuals on whose land the 
county seat may be locat-sd according to the piovisions of this 
act, and on which land, so donated, the public buildings shall P"^^ic build- 
be erected; and the remainder of such donation shall be ap-^°^^' , 
plied to the erection of the public buildings within said county 

Sec. 5. If the seat of justice shall be removed from the 
town of Millersburg to the town of New Boston, the proprie- 
tor or proprietors of said town shall donate to the said county 
a quantity of land or lots within the limits of the said town of 
New Boston, not less than two acres, and the sum of four thou- 
sand dollars in money; one-fourth of which shall be paid to 
the county commissioners, or their order, at the commence- 
ment of the erection of public buildings; and the remainder 
in three equal instalments of six, twelve, and eighteen months, 
from and after the date of the first payment. 

Approved, February 26, 1839. 



AN ACT for the benefit of John W. Spencer and David B. Sears, of jp force Feb* 
Rock Island county. 2g i839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That John W. Spencer 
and David B. Sears shall be allowed three years, from the pas- 
sage of this act, to complete their mill-dam across Rock Island 
slough, in the county of Rock Island, any law to the contrary 
notwithstanding. 

Approved, February 26, 1839. 



AN ACT to grant a compensation to the Brigade Inspector of the first jn fo^ce Feb. 
brigade and third division of Illinois militia. 2g jgqq 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Auditor of Pub- 
lic Accounts be, and he is hereby, required to draw his war- 
rant on the treasury for the sum of eighty dollars, upon the 
order of Christian B. Blockburger, for inspecting eight bat- 
talions in the first brigade and third division of Illinois mihtia, 
in the year 1838. 

Approved, February 26, 1839. 



190 LAWS OF ILLINOIS. 

In force, Feb. AN ACT f o establish a State road from Rushville, in Schuyler county, to 
27, 1839. Pittsfield, in Pike county. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That Solomon Hobbs and 
Com'rs to John Deigh of Pike county, and Luke Perry of Brown county, 
locate road, be^ and they arc hereby, appointed commissioners to view and 
locate a State road from Rushville, in Schuyler county, via 
Perry, to Pittsfield, in Pike county. 
Place of meet Sec. 2. The said commissioners, or a majority of them, 
^"?- shal- meet at the town of Rushville, on the first Monday in 

April next, or within three months thereafter, and, after be- 
ing duly sworn, shall proceed to perform the duties required 
of them by this act, doing as little injury to private property as 
practicable. 
Surveyoivmay Sec. 3. Said commissioners are hereby authorized to em- 
be employed, ploy a surveyor in Schuyler county to survey and establish 
said road four rods in width; and shall make report, in writ- 
ing, to the county commissioners' courts of the respective coun- 
ties through which said road shall pass. Said report shall form 
a part of the records of said courts; and said road, thus laid 
out, shall be a public highway of this State. 
Compensa- Sec. 4. The county commissioners' courts shall allow the 

'^°°' viewers and others employed, from their respective counties, 

a reasonable compensation for their services, to be paid out 
of their county treasuries. 

Approved, February 27, 1839. 



In force Feb. ^^ ^^T to lay out a State road from Shelbyville, in Shelby county, to 
27 1839. * Decatur, in Macon county. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Bushrod W. Henry 
Com'rs to lo- of the county of Shelby, and William Warnick of the county 
cateroad. of Macon, be, and they are hereby, appointed commissioners 
to lay out a State road from Shelbyville, in Shelby county, to 
Decatur, in Macon county. 
Time & place Sec. 2. Said commissioners shall meet at Shelbyville on 
of meeting. ^^ before the twenty-fifth of September next, and, after taking 
an oath before some justice of the peace in said town to ob- 
serve the obUgations of this act, shall proceed to view and lay 
out said road on the nearest and best way from said town of 
Shelbyville to or near Wilbourn's point; thence through 
Brush creek point; thence to Allen's bridge; and thence to 
Report to be Decatur, in 'Macon county; and as soon as practicable.there- 
after cause to be made out a report of the location of said road, 
designating the most noted points thereon, and return a copy 
of the same to the clerk of the county commissioners' court 
of each of said counties; which shall be by him filed in his 
office. And said road, thus laid out, shall be, and is hereby, 



LAWS OF ILLINOIS. 191 

declared a public State road, and shall be opened and kept in 
repair in the same manner as other public roads are. 

8ec. 3. Said commissioners shall be paid two dollars per Compensa- 
day each; chain-carriers two dollars per day each; and^^°"' 
the surveyor two dollars and fifty cents per day, out of the 
treasury of each county equally. 

Approved, February 27, 1839. 



AN ACT concerning a State road in the county of Fulton. In force, Feb. 

27, 1839. . 

Sec. 1. Be it enacted bj/ the People of the State of Illinois^ 
represented in the General Assembly, That the location of a 
State road from KnoxviUe to Jackson Grove, by Ahira San- 
ders' and Absalom Maxwell's, in compliance with the provi- 
sions of the fifth and sixth sections of an act, entitled "An 
act to locate a State road from Canton to Knoxvillc, and for 
other purposes," approved twen<y-first day of July, 1837, be. Location con- 
and the same is hereby, confirmed, and said road is declared a firmed. 
State road. ♦ 

Sec. 2. That Levings Burnington be, and he is hereby, Com'r to lo- 
appointed a commissioner to act in conjunction with the com- '^^^^ '■°^^- 
missioners appointed by the fifth section of the act abovemen- 
tioned; and said commissioners shall meet at Lewistown 
on the first Monday in April next, or as soon thereafter as a 
majority of the commissioners may agree upon, and shall pro- 
ceed to view, mark, and to continue the location of tne above- 
mentioned road from Jackson Grove to Lewistown. And 
said commissioners shall make a report of their proceedings to 
the county commissioners' court of Fulton county. Said com- Compensa- 
missioners shall receive a reasonable compensation for their ^^^^^°' 
services in locating said road from Jackson Grove to Lewis- 
town, including the services of surveyor and others employed 
in locating the road mentioned in the first section of this act, 
to be paid out of the county treasury of Fulton county. 

Approved, February 27, 1839. 



AN ACT in addition to the several acts authorizing and regulating the In force Feb, 
sale of school lands. 27 1039 

Sec. 1. Be it enacted bt/ the People of the State of Illinois, 
represented in the General Assembly, That the several acts au- 
thorizing the sale of sections numbered sixteen, or such lands 
as may be granted in lieu thereof to the inhabitants of town- 
ships for the use of schools, shall be ddemed and taken to Application 
apply to all lands granted by the United States to this State, °*^^'''^' 
for the use of the inhabitants of any fractional township, for 
the use of schools. 



192 LAWS OF ILLINOIS. 

Lands maj be Sec. 2. The school lands granted for the use of the inhab- 
^° ' itants of any fractional township may be sold on petition as 

in other cases, although such fractional township shall not con- 
tain fifty white inhabitants; but such school lands shall not be 
sold unless the number of white inhabitants in such fractional 
township shall bear as large a proportion to the quantity of 
school land granted for the use of the same as the number 
fifty bears to an entire section of land. 
When patent Sec. 3. When any certificate of the purchase of any 
^^ °^^' school land, issued by the school commissioner, or any patent 

for school land issued by the Governor, Secretary of State, 
and Auditor, shall be lost, or destroyed, the owner of the same' 
shall be entitled to receive a duplicate copy of such certificate 
or patent, by filing, \;rith the school commissioner ol the county 
in which the land was sold, an affidavit testifying to the loss 
or destruction of such certificate or patent, particularly de- 
scribing the land or lands in question, and stating that the same 
has not been sold or transferred by him. '' 

foTmin°am- ^^^' "*• '^^^ school commissioner shall be entitled to a 
davit. fee of fifty cents for filing the affidavit and issuing a duplicate 

For duplicate certificate of purchase, and to a fee of one dollar for obtain- 
patent. -j^g ^ duplicate copy of a patent, to be paid by the person ap- 

plying for such duplicate copy. 
Approved, February 27, 1839. 



In force, Feb. AN ACT to authorize the sale of school lands in the county of Edwards. 
27, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That the school com- 
missioner of the county of Edwards is hereby authorized to 
School cona'r gg}] the school lands granted for the use of the inhabitants of 
mayse an ^ ^^y fractional township in fractional range eleven, east of the 
third principal meridian, in said county of Edwards, on peti- 
tition of three-fourths of the legal voters of the township as in 
other cases, although such fractional township may not contain 
the number of white inhabitants required by the several laws 
relative to the sale of school lands. 
Approved, February 27, 1839. 



In force, Feb. AN ACT to locate a certain State road therein mentioned. 

27, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Curtis Clark, An- 
drew Cormish, and Benjamin Douglas, be, and they are here- 
Com'rs to lo- by, appointed commissioners to view, mark, and locate a State 
cateroad. j-Qaj fj-oni the city of Chicago to the south line of the Terri- 
tory of Wisconsin ; said road to cross the Des Plaines river at 



LAWS OF ILLINOIS. jqq 



Monroe, at or near the place where the present pOst-road Course of 
crosses the same, by Elk grove, in Cook county, and Chrjstal ^''^^^• 
lake, in McHenry; thence to that point on the Territorial 
line which will be the most eligible for a continuation of said 
road, by the head of Genera lake, to Madison, the capital of 
said Territory. 

Sec. 2. The commissioners, or a majority of them, shall Time & place 
meet in Monroe, at the house of Silas Meacham, on the first °^ 'meeting. 
Tuesday in March next, or within three months thereafter, 
and, after being duly sworn before some justice of the peace ^° ^^ ^'^'"■"• 
faithfully to perform the duties required of them by this act, 
shall proceed to survey, mark, and locate said road as is pro- 
vided m the first section of this act, having in view the public 
good; and shall, as soon as practicable thereafter, make, or 
cause to be made, a plat of said road, certified by them- 
which shall be filed in the clerk's office of the county commis- Plat filed 
sioncrs' court of the seveial counties through which said road 
shall pass. 

Sec. 3. All roads and parts of roads which shall begin and Road vaca- 
3nd m this said road, or shall tend to the same point, and not ted. 
departing more than one mile from the same, shall be, and 
,'he same are hereby, annulled and vacated. 

Sec. 4. The said commissioners shall be allowed two dol- Compensa. 
ars each per day, while necessarily employed in said view and " 
ocation, together with a fair allowance for such necessary 
lands as they may employ, to be allowed by the commission- 
srs court of the several counties, in proportion to the length 
»f said road in each of the same, through which the road shall 
»ass. This act to be in force from and after its passa^^e. 
: Apj^jioYED, February 27, 1839. ^ 



Uon. 



iN ACT supplementary to "An act . prescribing- the mode of trVin^.the In force, Feb. 
right of property." '^^ 27,1839. 

Sec. 1. Be if. enacted by the. People of the State of hinois, 
epresented in the General Assembly, Thnt in aU CHses oftbe 

u 7 , ''l^^'^ ""^ property before any sheriff or coroner, it 
lall be the duty of such sheriflfor coroner to summon such witnooses to 
fitnesses as snail be required by either party to such trial, to be .ummonS. 
ttend aUhe time and place at which such trial shall be h-eld. 

?^J:' n V M ^" "^^'^^ "^^^^^ ^ witness shall be so summoned, 
nd shall fail to attend at such trial conformably thereto, and ■ 
i all cases where a juror shall fail to attend the same when 
immoned by such sheriflT or coroner, such sheriff or coroner , , 
mil have the same power to issue an attachment for con- ^\^3"3t"X 
3mpt against such dehnquent witness or juror, and to pro- delSq^en^ jl 
eed in all respects as justices of the peace are authorized to '■°''«'-^if°es«- 
roceed by the 22d section of an act, entitled "An act con- 
erning justices of the peace and constables." 
13 



jg^ LAWS OF ILLINOIS. 

Fine. Sec. 3. And any fine which such sheriff or coroner may 

impose for such contempt may be collected in the same man- 
ner as costs accruing under the provisions of the act to wl ich 
this is supplementary. 

Approved, February 27, 1839. 



In force, 



„ .^.v... Feb. AN ACT to locate a State road therein named, "Ml 

^7 1839 TH 

" ' " " Sre 1. Be it enacted by the People of the Stale of Illinois j^ \ 

represented in t.e Generar Assembly, That Elyah Taylor of ; : 
Co«.'r. to lo. Franklin county, H. A. D. Welbanks of Jefferson county, 
caie road. ^^^ Ennis Mauiding of Wayne county, be, and they are here- 
bv appointed commissioners to view, locate, and mark, a fetate 
road from the bridge over the Middle fork of Muddy nver, , 
(or the road leading from Frankfort, in Frankhn county, to • 
Mount Vernon, in Jctlerson county,) to Maddmg s mills, m 

Wayne county. ■ -^ c n in 

Timenr.d Sec. 2. Said commissioners, or a majority of them, snail 

place of meet- ^^^^ .^^ ^l,c office ot Liiwson Thompson, on the first Monday 
^^- in May next, or within thirty days therealter, and, alter being . 

duly sworn by a justice of the peace faithfully to discharge the 
duties required of them by this act, shall proceed to locate ^ 
said road by putting up stakes in the prairie, and marking 
trees throu^i/ the timber. Said road shall be located on the 
nearest and best ground between said bridge and said mills. 
RcL^'ud shall be had to the accommodation of the settlement 
through which the same shall pass ; and care shall be taken to 
do as little damage as possible to the property ol individuals 
livintr on the route. , 

Report to be S.x. X S.id commissioners shall, as goon as convement 
made& filed, .fter makin^- said location, make report thereof to tne county 
contSiission?rs^ courts of the several counties through which any 
part of said road may pass; which report, when so made, shaU 
be by the rlerks of said courts hied, and shall therealter lorm 
a part of the records of said courts; after which said road 
shall be opened and kept in repair as other State roads are. 
^ . Ki^r 4 The county commissioners' courts ol the several 

Sr^"^^" couiS'es'hroigh whiclfsaid road shall pass shall allow said 
commissioners a reasonable compensation for their services 
under the provisions of this act, having regard to the length 
of the same, and the time necessarily employed m making 
said location, as the length of road and lime spent in locating: 
in each county may be lo the whole. 
Approved, February '27, 1839. 



LAWS OF ILLINOIS. 



195 



AN ACT to authorize Edward White to establish a ferry across the Mis- Tn fnrro Tn« 
sissippi river. TJ, 1839 

Sec. 1. Be it enacted hy the People of the Slate of Illinois, 
represented in the General Assembly, That. Edward White E. White to 
be, and he is hereby, authorized to establish and keep a ferry, establish a fer 
for ten years, across the Mississippi river at his Janding on '-^ ''•'''°'^^'^" 
the northwest quarter of section eleven, in township seven fovTnye^L 
north, and range eight, west of the fourth principal meridian. 

Sec. 2. Said White shall cause said ferry to be furnished* 
with a tigh^,good boat, to be worked by steam or horse-power, Boat to b 
and sufficient tor the speedy and safe transportation of all worked by 
passengers, their teams, horses, cattle, and other animals, as ^'^^"^ o"* ^'o™" 
well as their goods and effects. Said boat shall be furnished P°'''^''* 
wit^h men of suitable strength and skill to manage the same. 

Sec. 3. Said White shall receive such rates for crossing at Rate, of toll 
said ferry as are now allowed him by the county commission- 
ers' court of Hancock county ; and, in the management and reg- 
ulation of said ferry, the said White shall be governed by the 
requisitions of the act, entitled "An act to provide for the 
establishment of fe-ries, toll-bridges, and turnpike roads," 
approved Febiuary 12, 1827. This act to take effect from 
and after the dale of its passage. 
Appkoved, January 12, 1S39. 



AN ACT to atrhorize the commissioners of Crawford county to appoint In force Feb 
persons to locate a certain road therein named. ^ 28 1839 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county commis- 
sioners' court of the county of Crawford are hereby author- c„m,j. , 
izcd to appoint two or more competent persons, whose duty it locatrro^ad. 
shall be lo view, mark, and locate, that part of the Statu road 
from the Wabash to Shelbyvilie leading from Palestine, by ^"""«- 
Richard Logan's, sen., and Joshua Barber's, approved Janu- 
ary 31, 1837; thence, in a direction to intersect the State road 
as near John Howard's, in Crawford county, as practicable, 
located under the act of January 16, 1836. 

Sec. 2. The p oi-ons appointed for the above purpose, after Report to be 
being sworn, shall, as soon as practicable, view, mark, and made, 
locate said road, and make a report to the clerk of the county 
commissioners' court, who shall record the same; and when 
done, said road shall be opened and kept in repair as other 
State roads are; and shall receive out of th<3 county treasury, Pay 
for their services, such compensation as the county commission 
ers may deem right and just. 

Approved, Februar/ 28, 1839. 



■of 



com'r« 



196 ' LAWS OF ILLINOIS. 

in force, Feb. AN ACT to provide for the dedication of lots, in towns situated on canal 
28, 1839. ' lands, to public purposes. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That for the purpose of 
adding to the value of town lots owned by the State in towns 
laid out and established by the Board of Commissioners of the 
IlUnois and Michigan canal, by encouraging public improve- 
Lots donated ments, the said Board shall designate lots in each of said towns, 
to religious to be donated to religious societies or congregations, whereon 
societies. f-Q greet houses of worship ; and one lot shall be granted to 
every society or congregation desiring the same, upon condi- 
Conditions. tion that such society will erect or build a church or chapel 
thereon, and use and occupy the same for that and no other 
purpose. The lots so donated shall be unalienable by the 
society or congregation; and whenever abandoned or used for 
any other purpose than is expressed in this act, shall revert to 
the State, together with all improvements made thereon. 
Title, how The title to lots shall be vested in societies or congregations, 
vested. ^^ ^^ ^^^^^ ^^ ^g ^^^g ^^, ^Yie Board of Canal Commissioners 

upon the recorded plat of the town, of the name of the society 
or congregation for which the donation is intended; but the 
title shall be subject to the provisions of this act. 
Lots for Sec. 2. The Board shall also set apart and designate, in 

school-houses ^^le manner aforesaid, not exceeding four lots in each town, 
on which the inhabitants of such towns may erect school-hou- 
ses, for the use of common schools; said lots to be unalienable, 
and to be occupied and used as aforesaid, under the direction 
of the proper authorities of the town. The provisions of this 
act shall extend to towns hereafter, as well as towns already, 
laid out. 

Approved, February 28, 1839. 



In force, Feb. AN ACT to amend the act, entitled "An act declaring what shall beevi- .; 
27,1839. dence in certain cases," approved January 10, 1827. : 

Sec. 1. Be it enacted by the People of the State of Illinois, '< 
represented in the General Assembly, That a patent for land 
Legal ritle *o shall be deemed and considered a better legal and paramount 
land. " title in the patentee, his heirs or assigns, than the official certi- 
ficate of any register of a land office of the United States, 
of the entry or purchase of the same land. 

Approved, by the Council, February 27, 1839. 



LAWS OF ILLINOIS. 197 

AN ACT to authorize John A. McCJanahan, William James, George F. In force, Feb. 
Stolle, and Frederick Remann, to build mill-dams in Fayette county. 28, 1839. 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the Genm-al Assembly, That John A. McCIana- 
han, his heirs and assigns, be, and they are hereby, authorized Mill-dam 
to build and continue a mill-dam across Beck's creek, in Fay- across Beck's 
ette county, on the southeast quarter of the southeast quarter ^"^^^ ' 
of section thirty, in township nine north, in range two, east of 
the third principal meridian, not to exceed eight feet high Height of dam 
above low-water mark. 

Sec. 2. That William James, his heirs and assigns, be, Dam across 
and they are hereby, authorized to build and continue a mill- Ramsey's 
dam across Ramsey's creek, in Fayette county, on the north- '^"■eek. 
east quarter of the northwest quarter of section number twen- 
ty-nine, township numbered eight north, range numbered one, 
east of the third principal meridian, not to exceed eight feet Height, 
high above low-water mark: Provided, however. That this act 
shall not be construed so as to authorize the persons therein 
named to throw the water upon any mill now in operation by 
raising the dam as aforesaid. 

Sec. 3. The mill now the property of George F. Stolle Mill of Stolle 

and Frederick Remann, built on Hurricane creek, in Fayette & Remann le- 

county, situate on the southwest quarter of the southeast quar- ^^ 

ter of section eight, township six north, range one, west of 

the third principal meridian, is hereby declared legally estab- Subject to 

lished — subject, however, to the provisions of the foregoing ?f.°'^^^^°"^ ^^ 

, . „ ^f' . ' ' ^ b b this act. 

section 01 this act. 

Approved, February 28, 1839. 



AN ACT further to provide for the release and extinction of mortgages. In force, Feb, 

27, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That from and after the 
passage of this act, it shall be deemed a sufficient release and 
extinction of any mortgage granted upon any real estate, if 
the mortgagee, his or her legal representative or assigns, shall 
grant a full release of the same under his, her, or their seal / 

and signature, in the presence of an attesting witness, and 
acknowledge the execution of such release in the same man- 
ner, and under the same restrictions, in which deeds are 
acknowledged by the existing laws of this State. 

Approved, February 27, 1839. 



198 LAWS OF ILLINOIS. 

In force Feb. -^N ACT for the relief of Calhoun county. 

37, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the. General Assembly, That the county commis- 
sioners' court of Calhoun county are hereby autliorized, if they 
$t,000 may shall deem it expedient, to appropriate one thousand dollars ol 
be appro priat- the money that they have or may receive from the Fund Com- 
ment of'dJbts. ™^^^°'^®''^' a^ccording to the tilteenth provision of the eigh- 
teenth section of "An act to establish and maintain a general 
system of internal improvements," for the payment of any 
debt or debts due and unpaid by said county. This act to 
take effect and be in force from and after its passage. 
Approved, February 27, 1839. 



Iniorce, Feb. -^-N ACT to anend the act, entitled "An j?ct to provide for changing the 
28, 1839. venue in civil and criminal cases," approved January 23, 1827. 

Sec. 1. Be it enacterl by the People of the State of Illinoisj 
represented in the General Assembly^ That, hereafter, changes 
Venue not ^^ venue shall not be granted after the first term of the court 
changed un- at which the party applying might have been heard, unless the 
less cause be party eo applying shall show that the causes for which the 
change is asked have arisen, or come to his, her, or their 
knowledge, subsequent to the term at which the application 
might have been made; and shall also have given to the oppo- 
Wotice to op- sitg party ten days' previous notice of his or their intention (o 
poBi e par y. ^^^t^^ ^\xc\i application, except in cases where the causes have 
arisen or come to the knowledge of the party making the ap- 
plication within less than ten days of making the same. 
Consent of Sec. 2. In civil causes wherein there are two or more plain- 

parties in civil tiffs or defendants, a change of venue shall not be granted 
ryuj^chantT'""^^^^ *^^° application is made by or with the consent of all 
venue. ° the parties, plaintiffs or defendants, as the case maybe; and 
in criminal cases, where this application is made by a part of 
the defendants, and is granted, a copy of the indictment, and 
not the original, sliall be transmitted to the court to which the 
change of venue is ordered; and the copy, certified by the 
clerk to be correctly made, shall stand as the original. 

Sec. 3.- All questions concerning the regularity of pro- 
ceeding in obtaining changes of venue, and the right of the 
court to which the change is made to try the cause and exe- 
cute the judgment, shall be considered as waived after trial 
and verdict. 

Approved, February 28, 1839. 



LAWS OF ILLINOIS. . 199 

AN ACT for the formation of De Witt county. In force, Mar, 

1, 1639. 

Sec. 1. Be it enacted by the People of (he State of Illinois^ 
represented in the General Assembly^ That all that tract of 
country within the following boundaries, to wit: Beginning 
at the northwest corner of section numbered eighteen, in Bountjavies of 
township numbered twenty-one north, in range numbered one, DeWittcoun- 
west of the third principal meridian, and running thence, ^^" 
east, on the section lines, to the northeast corner of section 
numbered thirteen, in township numbered twenty-one north, 
in range numbered six east; thence, south, on the range line 
between ranges six and seven, to the townsliip line between 
townships numbered eighteen and nineteen north ; thence, 
west, on the last mentioned township line, to the third piin- 
cipal meridian; thence, north, on said meridian line, to the 
township line between townships numbered twenty and twen- 
ty-one north; thence, west, on said last mentioned township 
line, to the range line between ranges numbered one and two 
west; and thence, north, on said last mentioned range line, to 
the place of beginning, shall constitute a new county, to be 
called the county of De Witt. 

Sec. 2. For the pui pose of permanently establishing the Voters to lo- 
seat of justice of said county, the legal voters thereof shall '^'^''^ •^''- ^®''^'* 
meet, at the several places of holding elections for Representa- 
tives and Sencitors in said county hereby created, on the first 
Monday in May next, and proceed to vote for the following 
points, to wit, the towns of Clinton and Marion, of said Places to be 
county; and the place receiving the largest number of votes 
given shall be the established seat of justice of said county. 

Sec. 3. The legal voters of said county shall, at the same Election for 
time and places above specified, elect one sheriff, one coroner, ^°- officers, 
one recorder, one county surveyor, one probate justice, one 
clerk of the county commissioners' court, and three county 
commissioners, who shall hold their ofiices until the next suc- 
ceeding general election, and until their successors are elected 
and qualified; which said elections shall be conducted in all 
respects agreeable to the provisions of the law regulating elec- 
tions. 

Sec. 4. It shall be the duty of the clerk of the circuit court Notice of 
of said county to give at least thirty days' notice of the time and ^lectiotu 
places of holding said elections above provided for, by posting 
up notices thereof at at least six public places in the county; 
and, the returns of said elections shall be made to said clerk lieturns, how 
who gave the notice as aforesaid, and by him, inpresence of one ™^ ^' 
or more justices of the peace, shall be opened and examined; 
and they jointly shall give to the persons elected county com- Certificate of 
missioners certificates of their election, and shall transmit election, 
abstracts of the election for the county officers to the Secre- 
tary of State as now required by law. It shall further be the 
duty of said clerk and justice or justices of the peace, as the 
case may be, to furnish the clerk of the county commissioners' 



200 



LAWS OF ILLINOIS. 



Abstract of 
votes. 



Judges of 
election. 



Proviso. 



Officers con- 
isTnued. 



Donations. 



Proviso. 

Further provi 



Money, how 
apjfropriated. 



»e Witt to 
form pan of 
8th circuit. 



court with an abstract of the votes given for the seat of jus- 
tice of said county;" which said abstract shall be recoided in 
the record of the proceedings of said commissioners' court, 
and shall forever exist as evidence of the established seat of 
justice of said county. 

Sec. 5. For the purpose of holding said election, it shall 
be the duty of the present judges of election embrrxed within 
the limits of said county to act as judges of the same: Pro- 
vided, however, That should said judges decline acting, or be 
absent on (he day of election, the qualified voters present may 
elect, from among their own numbers, three qualified voters 
to act as judges of said election, who shall have power to 
appoint two persons to act as clerks, as in other cases. 

Sec 6. The present justices of the peace and constables 
embraced within the limits of said county shall be, and are 
hereby, continued in office as justices and constables of said 
county of De Witt until the next regular election of justices 
of the peace and other county officers. 

Sec. 7. The proprietor or proprietors of the town where 
the county seat may be located as aforesaid shall donate the 
sum of two thousand dollars, payable within a period not less 
than twelve nor more twenty-four months from the time 
said location shall be made; or, in lieu thereof, at their dis- 
.cretion, shall grant and convey, by good and sufficient war- 
ranty deeds, town lots or other lands situated in or about 
the town where the county seat shall be so located, the 
aggregate value of which shall not be less than two thou- 
sand dollars, to be appraised by three disinterested free- 
holders, to be mutually agreed upon by the proprietor or 
proprietors of said town and the county commissioners of said 
county : Provided said proprietor or proprietors and the county 
commissioners of said county cannot agree upon the value of 
"the same: Provided, however, And said donations or grants 
are upon this express condition, that the court house and pub- 
lic offices of said county shall be erected on the present estab- 
Hshed public square of the town in which the county seat may 
be located. 

Sec. 8. It shall be the duty of the county commissioners- 
court, at as early a period as practicable, to appropriate said 
two thousand dollars so dona^Tjd as aforesaid, or the proceeds 
of said real estate granted as aforesaid, as the case may be, in 
the erection of a court house or other necessary pubhc build- 
ings; for which purpose, should the donations consist of real 
estate, the county commissioners shall have power to dispose 
of said real estate in such manner, and upon such terms, as 
they may deem most consistent with the public interests. 

Sec. 9. Said county shall be attached to, and form a part 
of, the eighth judicial circuit; and, until the county seat shall 
be located as provided in this act, the circuit and county com- 
missioners' courts shall be held at the town of Marion. 



LAWS OF ILLINOIS. 201 

Sec. 10. For judicial and other purposes, said county To form part 
shall continue to form parts of McLean and Macon counties ?[ McLean & 
until organized as above provided for, and shall continue to t^gg 
be attached to said counties in all general elections until other- 
wise provided by law. 

Sec. 11. Afier the election of county officers as herein Duty of co. 
provided, the persons elected county commissioners are hereby com'rs. 
authorized to administer oaths of office to all other county offi- 
cers; and the said county commissioners shall, within ten days 
after their election, meet together as a court, lay off the county 
intOilprecincts and justice's districts, appoint a school commis- 
sioner for the county, and transact any other business which 
may be deemed necessary. 

♦ Sec. 12. The school funds belonging to the several town- School funds 
ships in said county, together with all interest arising out oft° Repaid 
said moneys that have not heretofore been expended for com'r°of*De° 
schools embraced within the limits of the counties of McLean Witt, 
and Macon now proposed to be set off into the county of De 
Witt, and all notes and mortgages appertaining to the same, 
shall be paid and delivered over to the school commissioner 
of said county of De Witt, by the school commissioners of 
the counties of McLean and Macon, as soon as said county 
shall be organized and the commissioner of school funds 
shall be appointed and qualified according to law. 

Sec. 13. It shall be the duty of the coanty commissioners Courts, where 
of said county, before the erection of public buildings, to pro-^eW- 
vide some suitable room or building in which to hold the cir- 
cuit and county commissioners' courts. 

The inhabitants residing within so much of the territory set To be taxed 
off and forming a portion of De Witt county as are now with- ^j| 1840°°"^ 
in the bounds of Macon county, shall continue to be and con- 
stitute a part of the taxable inhabitants of Macon county 
until the first of January, 1840. 

AppRoved, March 1, 1839. 



AN ACT to authorize the county commissioners' court of St. Clair county in force Feb. 
to change State roads in said county. 26, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That the county commit Road may be 
sioners' court of St. Clair county is hereby authorized to^^^"?®'^- 
change the location of any State road in said county: /'^'o- Proviso. 
vided. That no change shall be made in the Great Western 
mail'rldute; nor any change in any State road at the points 
where such road enters the county, without the consent of the >• 

county commissioners' courts of the adjoining counties inter- 
ested. 

Approved, February 26, 1839. 



202 LAWS OF ILLINOIS. . 

In force, Feb. AN ACT to authorize Nathfiniel C. Wilcox and his associates to establish 
26, 1839. a lerry acvoss the Mississippi river, at the most convenient point oppo- 

site the town of Bloomington. 

Sec. I. Be itenacled by the People of the State of Illinois^ 

■r, represented in the General Assembly, That Nathaniel G. Wil- 

Persons au- r . , , i xu i i, j.u • j i. 

thorized to es- COX and his associates be, and they are hereby, authorized to 

tablish ferry establish and keep a ferry for ten years across the Mississippi 
river, at the most convenient point opposite the town of 
Bloomington, in the county of Rock Island, in the State of 
H'inois. 

Good boats to Sec. 2. The said Wilcox and his associates shall cause 

be provided, g^j^ ^^^.^.^ ^^ ^^ furnished with a good steam or other boat 
sufficient for the speedy and safe transportation of all passen- 
gers, their teams, horses, cattle, and effects. Said boat shall 
be furnished with men of suitable strength and skill to man- 
age the same. 

Rates of toll ^^^* ^' '^^^ ^'^^^ Wilcox and bis associates shall receive 
such rates for crossing at said ferry as are now allowed them 
by the county commissioners' court of Rock Island county; 
and in the management and regulations of said ferry, the said 
Wilcox and his associates shall be governed by the requisi- 
tions of the act, entitled "An act to provide for the estiblish- 
ment of ferries, toll-bridges, and turnpike roads," approved 
February 12, 1837. This act is to take effect from and after 
the date of its passage. 

Approved, February 26, 1839. 



In force Feb- ^^ ACT to relocate a part of the State road from Mount Vernon to Nash- 
27, 1839. , ^"e. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
Cm' - 'TPp'^esented in the General Assembly, That William Bullock 
pointed to re- and Harvey Creel, of Jefferson county, and Joel Woodram, of 
locate road. Washington county, be, and they are hereby, appointed com- 
missioners to review and relocate so much of the State road 
leading from Mount Vernon and Nashville as lies between 
the bridge across the West fork of Muddy,in Jefferson county, 
and Joel Woodram's, in Washington county. 
Imte and ^^c. 2. The Said commissioners, or a majority of them, 

meexing. shall meet on the first Monday in July next, or within thirty 
days thereafter, and, after boing duly sworn by some justice 
of the peace of Jefferson county faithfully to locate said road, 
taking into consideration the nearest and most eligible route 
between the points specified in the first section of this act, 
shall proceed to make said location, marking the trees tiuqugh 
the timber, and putting up stakes at proper distances apart 
through the prairies; and said ro»d, when so relocated, shall 
be opened and kept in repair as other State roads are. 

Sec. 3. Said commissioners shall make out, under their 
hands and seals, a certificate of the number of days neces- 



LAWS OF ILLINOIS. 203 

sarilj employed by them in making said relocation, and shall 
de]i\er a copy thereof to the clerks of each of the counties of ^°Py^°;„°5^" 
Jefferson and Washington. Said commissioners shall each 
receive one dollar and fifty cents per day for their services in Pay of com'rs. 
making said relocation, to be paid out of the treasuries of 
Jefferson and Washington counties, in proportion to the dis- 
tance said road shall pass in each county. 
Approved, February 27, 1839. 



AN ACT to authorize a relocation of a State road therein named. ^"„!?'''l^(^on®^* 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly^ That the county commis- p^j^ ^f ^^^^ 
sioners' court of Edwards county be, and they are hereby, missioners of 
authorized to appoint three commissioners, whose duty it shall ^^^''^^Jj,['°* 
be to meet on a day by them to be appointed, and, after being com^r^"to re- 
duly sworn before some justice of the peace faithfully and im- locate road, 
partially to discharge the duty required of them by this act, 
to proceed to view, survey, and relocate so much of the State 
road leading from Albion to Maysville as lies between Albion Road from Al- 
and the bridge on the North fork of the Village creek on said JjJ^ '^ ^^^^ 
road, and return a survey and plat thereof to the county 
commissioners' court of said county, which shall be recorded 
by the clerk thereof. 

Sec. 2. That after said relocation shall have been made, 
and the plat and survey thereof returned, the said road, thus 
located, shall be opened and kept in repair as other State 
roads are required to be; and the road as now located shall 
be vacated. 

Sec. 3. That the county commissioners' court of said Compeusa- 
county shall allow said commissioners a reasonable compensa- 
tion for the services to be performed under the provisions of 
this act. 

Approved, February 27, 1839. 



AN ACT to authorize Samuel Hillon and Sylvanus Mason to build a mill- In force, Feb, 
dam across Big Muddy river. 28, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Samuel Hillon and 
Sylvanus Mason be, and they are hereb)-, authorized to build Mill-dam 
a mill-dam across Big Muddy river, at a place known as the across Big 
Shallow Ford, on said river, the same being on the southeast ^"'^^J^- 
quarter of the southeast quarter of section number twenty-two, 
in township number six, range two, east of the third principal 
meridian: Provided the said Samuel Hillon and Sylvanus 
Mason own the land above described. 

Approved, February 28, 1839. 



204 LAWS OF ILLINOIS. 

In force, Feb. AN ACT respecting section sixteen, in township two south, in range four- 
27, 1839, teen west, in Erlwards county. 



Preamble. 



Whereas it is represented to this General Assembly that iri 
the sale, by the school commissioner of Edwards county, oi 
school section number sixteen, in township two south, iui 
range number fourteen west, mistakes occurred in conse- 
quence of the misnumbering of the several forty-acre lots 
into which said section was divided, so that the several pur- 
chasers of said lots find themselves disappointed in the loca- 
tion of their respective purchases: Therefore, 

Sec. 1. Be it enacted by the People of ths State of Illinois, 
represented in the General Assembly, That the present school 
School com'r commissioner of said county shall return to the several pur- 
chase money chasers of lots in said section the several notes executed by 
and notes. them for Said lots; and shall then proceed, according to law,' 
Advertise- ^^ advertise and offer said several lots for sale again to the 
of school highest bidders, respectively, without regard to said former 
land. sale : Provided, That said purchaser? shall have the right of pre- 

Proviso. emption to the respective lots formerly purchased by them ac- 

cording to the true numbers, as understood at said former sale. 
Plat vacated.^ Sec. 2. The erroneous plat of said school section filed by 
True plat to the trustees of said township is hereby vacated; and the 
^ true plat shall be made out and filed in lieu thereof, on the 

payment by them according to law of the former prices bid 
by them, respectively, with legal interest thereon from said< 
former sale till paid. 

Approved. February 27, 1839. 



In force, Feb. AN ACT to locate a State road from Griggsville, in Pike county, to the 
28, 1839. Mississippi river. 

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

County com'rs Montgomery Blair, and Stephen Grey, of Pike county, be, 

tolocateroad. ^^^ ^j^g^ g^^.^ hereby, appointed commissioners to view, mark, 
and locate a State road to commence at Griggsville, in said 

Course of county of Pike; thence to Worcester; thence to Bartlett's 
and Lippincott's mill?;; thence to Kinderhook; and thence to 
the Mississippi river, opposite Saverton, in the State of Mis- 
souri. 

Time & place 8^.^, 2. The said commissioners, or a majority of them, 

mee ing. ^\^q\\ meet at the town of Griggsville, in said county, on the 

first day of April next, or within three months thereafter, and. 

To be sworn, ^.j-j^j. having been sworn by some justice of the peace faith- 
fully and impartially to discharge the duites required of them 
by this act, shall proceed to view, mark, and locate said road, 
keeping in view the shortness of the route and the eligibility 
of the ground, so as to make the same a permanent road. 



LAWS OF ILLINOIS. 205 

Sec. 3. The said commissioners, so soon as thej shall have j^ap to be 
completed said work, shall make out a map or plat of said °^'^^^ ^^' 
road, giving the courses, distances, streams, &c. and lodge the 
same in the office of clerk of the county commissioners' court 
of said county. 

Sec. 4. The county commissioners' court of the said county Pay of com'rs. 
shall allow the said commissioners a reasonable compensation 
for their services in proportion to the length of said road and 
the time they shall be necessarily employed on the same; and 
the said county commissioners shall cause said road to be 
opened and kept in repair in the same manner with other 
State roads. 

Approved, February 28, 1839. 



AN ACT supplemental to "An act to establish the counties of Menard, In force, Feb. 
Logan, and Dane." 28, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the officers to be 
elected under the provisions of the act to which this is sup- 
plemental, shall hold their offices, respectively, as long after Term of of- 
the next August election as they would do under the general 
law if they had been elected at said August election. 
> Sec. 2. In all elections for a Senator or Senators, in the Election for 
district composed of the counties of Menard, Logan, Dane, *^enator, how 
and Sangamon, the clerks of the county commissioners' courts g°| ^^°" "'^^" 
of the three first named counties shall, within ten days after 
each election, return abstracts of the votes given for a Senator 
or Senators to the clerk of the county commissioners' court 
of Sangamon county, who shall, in presence of two justices of 
the peace, compare said abstracts, together with the votes given 
for such Senator or Senators in Sangamon county, and shall, 
as soon as convenient, make out and deliver a certificate of 
election to the person so shown to be elected. 

Sec 3. In all elections for a Representative to the Gene- Election for 
ral Assembly in the counties of Logan and Dane, the clerk ^®P-^° Logan 
of the county commissioners' courts of said counties shall, ^°^ conduct- 
within ten days after each election, meet at the county ed. 
seat of Logan county, and shall, in the presence of two jus- 
tices of the peace, proceed to compare the votes given in each 
said counties for Representative; and also to make out a certi- 
ficate of election for the person so shown to be elected; which ^ 
certificate shall be delivered to such person as soon thereafter 
as convenient. 

Sec 4. Militia duty shall be performed in the counties of Militia duty. 
Menard, Logan, Dane, and Sangamon, as if no division had 
been made. 

Approved, February 28, 1839. 



206 > LAWS OF ILLINOIS. 

In force, Feb. AN ACT to establish a State road in Franklin and Union counties. 
28, 1839. 

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

represented the General Jhsembly, That i)ucbarts Dcmpsey, of 

cat's road. °' franklin county, and Daniel Treat, of Union county, be, 

and they are hereby, appointed commissioners to jeview, mark, 

and locate a road from the town of Bainbridge to Jonesboro, 

on the nearest and best route, taking into consideration the 

general locality of the country. 

Time and "^Ec. I2. Saiu commissioners shall meet at the town of 

place of Bainbridge, in Franklin county, on the third Monday in May 

mee^tinsr. next, or as soon thereafter as practicable; and after being tirst 

duly sworn, before some justice of the peace, faithiuliy to 

perform the duties required of them by this act, shall then _ 

^, . J , proceed to review, mark, and locate said road, and shall make 
Their duties. \ ,. j ^ ; i , • • ■> ^ ^ l- i.i • 

duplicate reports to the county commissioners clerks ot their 

respective counties, and by them to be filed in their respective 

offices, of the principal points by which said road passes in 

said counties. 
Road deemed ^^c. 3. Said road, when so laid out, shall be a public 
a public high- highway, and the county commissioners' courts of the said 
'^^J- counties shall cause the same to be opened lour poles wide, 

and be worked and kept in repair as other State roads. I'he 
Payofcom-rs. respective county commissoners' courts of said counties shall 

allow said commissioners a reasonable compensation ibr ttieir 

services, to be paid out of their respective county treasuries. 

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



Approved, February 28, 1839. 



In force, Feb. AN ACT to amend "An act re2;ulating the mode of trying the right of 
28, 1839. property." 

Sec. 1. Be it enacted by the People f the State of Illinois, 
represented in the General AssemUy, That in all cases where 
Property any personal property shall be taken by virtue of an execu- 
claimed. (jon or attachment issued by any justice of the peace, and 
shall be claimed by any person or persons other than the de- 
fendant in such execution or attachment, and shall give notice 
in writing of his or their claim and intention to prosecute the 
same, it shall be the duty of the constable to notily the plaintiff 
in execution or attachment of such claim, and the time and 
place of trial; and if the justice who issued such execution 
or attachment be absent from the county, or unable to attend 
to such trial, it shall be the duty of the constable serving such 
execution or attachment to notify the plaintiff in execution 
that he will attend before some other justice of the peace of 
the county, (naming him,) and shall also designate some day 
and hour for the trial of the right of said property. .si 

-1 



LAWS OF ILLINOIS. 207 

Sec. 2. That it shall be the duty of any justice of the Trinl of right 
peace, when notified by any constable of any person or per- °^ P'"opertv. 
sons claiming property as albresaid, to enter such cause on his 
docket, and to proceed in all cases to have the right of such 
property tried, in the same manner as if the execution or 
attachment had been issued by him: and in case the property 
shall appear to belong to the claimant, the justice^shall enter 
judgment against the plaintiff in execution or attachment, for 
the costs that may have accrued on such suit; and on fai'ure of 
the plaintiff to pay the same, the justice may issue execution 
therefor; but in all cases where it shall appear that the prop- Execution, 
erty claimed belongs to the defendant in execution, the jus- 
tice shall enter judgment against the claimant of the prop- 
erty for the amount of costs that shall have accrued, and 
issue execution therefor as in other cases. 

Sec. 3. That in all cases of trial of the right of property Officer may 
beibrc any justice of the peace, constable, or sheriff, the said ^'^^"^ suhpos- 
justice, constable or sheriff shall be authorized to issue subpoe- \ ' 
nas for witnesses, and compel their attendance, in the same 
manner as in the trial of causes before justices of the peace 
in the circuit courts of this State. 

Approved, February 2S, 183(9. 



AN ACT to relocate part of the State road from Mount Vernon to Fair- In force, Feb, 
field. 28, 18.m 

Sec. 1. Be it enacted by the Pet fie of the State of Illinois, 
represented in the General Assembly, That James Kass, John ^ ^^, 
Johnson, and Edward n. Ridgway, of Jefferson county, be, locate road, 
and they are hereby, appointed commissioners to review and 
relocate so much of the State road leading from Mount Ver- 
non to Fairfield as lies between Mount Vernon and the East 
fork of Muddy. 

Sec. 'i. The said commissioners, or a majority of them, 
after being sworn by some justice of the pe^.ce ot Jefferson 
county faithfully and impartially to m;ike said review and re- 
location, shall proceed, previously to the first day of June 
next, to perform the duties herein assigned them; and, in 
making said relocation, it shall be made as near as can be 
in a straight line with the street at which said road now 
leaves Mount Vernon; but may, if they should deem it 
expedient, make said relocation so that it shall cross the said 
creek at the bridge at present erected across said creek; and 
said road so relocated shall be opened and kept in repair as 
other State roads are. 

Sec. 3. The county commissioners of said county shall, P'y"'"coin'i», 
at their next term after the relocation of said road, make 
such compensation to said reviewers as may seem to them just 
and equitable. 

Approved, February 28, 1839. 



208 LAWS OF ILLINOIS. 

In force, Feb. AN ACT declaring the Des Plaines river a navigable stream. 

28, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
D PI "nes represented in the General Assembly, That the Des Plaines 
declared nav- river, from the point where it most nearly connects itself with 
igable. the Illinois and Michigan canal to its source Avithin the boun- 

daries of this State, is hereby declared a navigable stream, 
and shall be deemed and held a public highway, and shall be 
and remain free, open, and unobstructed, from the said point 
of connection with the said canal to its utmost limit within 
this State, for the passage of all boats and water-crafts of 
every description. 
Big Muddy Sec. 2. Be it further enacted, That the Big Muddy river, 

navigable. in Clay county, be, and the same is hereby, declared a navi-^ 
gable stream as higli up as township number five north, of 
Fox river, in range eight east; and Fox river, in Clay county, is also de- 
igable^.° "^^' clared a navigable stream as high up as Watertown; which 
said streams shall remain free, open, and unobstructed, for all 
boats and water-crafts of every description whatever. 
Approved, February 28, 1839. 



In force, Feb. AN ACT to create and establish the county of Jersey. 

28, 1839. 

Sec. 1. Be it enacted by the People. of the State of Illinois, 
Boundaries represented in the General Assembly^ That all that portion of' 
county. '^ *he county of Greene lying south of the following described 
line, viz: Beginning in the centre of the Macoupin creek, on 
the east line of said county; thence, running down the centre 
of said creek, to the line in the middle of township number 
nine north, range number eleven west; thence, south, on said 
line in the middle of said township, to the township line divid- 
ing township number eight and nine north; thence, west, along 
said line, until it strikes the centre of Macoupin creek: thence, 
down the centre of said creek, to the centre of the Illinois 
river, shall constitute a new county, to be called the county of 
Jersey. 
Conditions of Sec. 2. The countj aforesaid is created upon the follow- 
creation . j^^g conditions: The people of the county of Greene, as the same 
is now organized, shall meet at the several places of holding 
elections lor the election of justices and constables in said 
county, on the first Monday in August next, and proceed to 
Vote for or vote for or against the erection of said county; and on said day 
against. ^j^g judges of election shall open a poll [book] at each election 

district, in which they shall rule two columns, in one of which 
they shall set down the votes given for the erection of said 
county, and in the other column the votes given against the 
same, and make returns to the clerk of the county commission- 
ers' court of Greene county, in the same manner as is provided 
for by law in the case of elections for Senators and Repre- 



LAWS OF ILLINOIS. ' 209 

sentatives to the General Assembly, and said return shall be 

opened and counted in the same manner as in such elections; 

and if a majority of all the votCs given at said election shall be 

in favor of the creation of said county, a certilicate thereof shall 

be made by the clerk of said county commissioners' court of Certificate to 

Greene county, under the seal of said court, and transmitted g^^^tg'"*"^*'' 

by him to the office of the Secretary of State of the State of 

Illinois, to be filed in his office as evidence of the existence of 

said county; and said clerk shall make a like certificate, {.nd 

tile the same in his office, which shall be entered on record at 

the next succeeding term of the county commissioners' court, 

and shall be sufficient to prove the fact therein stated; after 

which said county shall be one of the counties of the State 

of Ilhnois. The clerk of the county commissioners' court of 

Greene county shall cause a notice of said election to be pub- Notice of eloo. 

lished in the "Backwoodsman," a newspaper published in the tionin"Baok- 

tewn of Grafton, in said county, if said newspaper shall be woodsman." 

continued. 

Sec. 3. Said county shall vote with the county of Greene Election for 
and Calhoun, for Senators and Representatives, until the next Senators and 
apportionment, the same as if no change had been made; and ^^^^' 
said coanty shall make a part of the first judicial circuit; and Jersey co. to 
so soon as said county shall be organized, the clerk of the '"''^ P?*"' *^^ 
county commissioners' court of said county, shall notify the c^,.ci"i'it^°^^ 
judge of said circuit, and it shall be his duty to appoint a clerk, Times of oiir. 
and hold, twice in each year, a court in said county, at such court. 
time as said judge shall appoint; and on the first Monday in 
October next, said county shall proceed to elect all county Election of 
officers for said county. The present judges of elections ap- county offi- 
pointed bv the county commissioners' court of Greene county, j^j'^'j^^^g ^ 
in the different precincts in said county of Jersey, shall act as "election. 
judges of said election; and said election shall be conducted 
as similcir elections, and returns of said election shall be made 
hy the judges and clerks to Mi!o Bennett, Richard Graham, 
and Joseph Crabb. They, or a majority of them, shall meet 
at the town of Jerseyville, within ten days after said election, Returns to be 
and proceed to open said returns, and, in all things in regard opened, 
to said election, perform the duties required of the clerks of 
the county commissioners' court and justices of the peace in 
like cases; and the officers thus elected sha'l be commissioned 
and qualified as in other cases, and continue in office until the 
next general election for similar officers. 

Sec. 4. The school commissioners of the county of Greene DutyofschooS 
shall pay and deliver over to the school commissioners of the ^om'r. 
county of Jersey all the school funds belonging to the several 
townships in said county of Jersey, and all notes and mort- 
gages pertaining to the same, so soon as said county shall be 
organized and the school commissioners shall be appointed 
and qualified according to law, together with all interest aris- * 

ing out of said money that has not been heretofore expended 
for schools within that part of Greene county now proposed 
14 



910 



LAWS OF ILLINOIS. 



]fi%hts aud 
jprivileges. 



CoTiinty seat 

l?Voviso. 



JProvifiO. 



to be setoff' into the county of Jersey; and the county coml 
missioners' court of the count) of Greene shall pay over t( I 
the county of Jersey their porlion of funds received bv', 
Greene county out of the two hundred thousand dollars ap! 
propriated, by '-An act to establish and maintain a general 
system of internal improvements," to those counties in vs^hiclj 
no railroads pass through, in proportion to the population ii'i 
that part of Greene county hereby created into the county o j 
Jersey, to be taken from the census of 1840, unless otherwise! 
agreed upon by the county commissioners' court of eacti 
county; and the county commissioners' court of said count}! 
shall appropriate the same to such objects as was designed bji 
the act creating a system of internal improvements. { 

Sec. 5. The citizens of the county of Jersey hereby ere 1 
ated are entitled in all respects to the same rights and piivij 
leges as are allowed in general to other counties in this State < 
and ail suits, commenced in the circuit court of Greene countj! 
before the first day of August next, shall be determined ii 
said circuit court, the same as it this act had not passed. 

Sec. 6. The scat of justice of said county shall be per 
manently established at Jersey villc: Provided the citizens ol 
Jerseyville and its vicinity will build, at their own expense, lI 
good and suitable jail and court house for said county, and 
furnish a suitable lot of ground to set them on, not less thai! 
one acre: And it is further provided^ That if the ci.izennj 
of the town of Jerseyville and its vicinity shall not satisiy th(j 
county commissioners' court of said county, with eighteer 
months after said county is organized, that they will compljj 
with the provisions of this section, the county commissioners] 
court of said county may order an election to be held in th(| 
different precincts in said county for the purpose of again lo| 
eating the county seat, and the place receiving the highes I 
number of votes shall thereafter be the county seat of saic j 
county; but, until the citizens of Jerseyviile and its vicinitj' 
shall refuse or neglect to comply with the provisions of thii| 
section, the seat of justice of said county shall remain at Jerj 
seyville. 

Sec. 7. This act shall take efTect, according to the con- 
ditions thereof, from and after its passage. 
Clerk tomake Sec. 8. It shall be the duty of the clerk of the countj 
tax-hst. commissioners' court of Greene county to make out and de 

liver over to the sheriff or collector of the county of Jersey 
so soon as said sheriff or collector of said county is electee 
and qualified, a true copy of the assessor's book for the yeai 
one thousand eight hundred and thirty-nine, of all property 
both real and personal, assessed in that part of Greene count) 
hereby created into the county of Jersey; and the sheriff oi 
collector of the county of Jersey shall proceed to collect and 
pay over the same for the benefit of said county of Jcrse) 
in the same manner as other sheriffs or collectors in othci 
counties in this State; a*id a copy of the assessor's books oi 



I LAWS OF ILLINOIS. 211 

|)f the county of Greene on all assessable property in. that 
'jart of Greene county hereby created into the county of 
jJFersey, for the year one thousand eight hundred and thirty- 
aine, furnished as aforesaid, shall be sufficient authority to 
proceed and collect the same agreeably to law. Nothing in SherifFGreene 
this act shall prevent the sheriif of Greene county from col- "^^^ collect, 
ecting any outstanding tax in that part of Greene county 
:reated into the county of Jersey, accrued before the year 
one thousand eight hundred and thirty-nine. 
Approved, February 28, 1839. 



iN ACT to establish g, justice's district in township seven north, range jn force Mat. 
seven east, in Peovia county. 1 1839. 

Sec, 1. Be it enacted by the People of the State of Illinois^ 
epresented in the General Assembly, That all that district in- Justices' dis^ 
eluded within the boundaries of township seven north, range *"°'" 
leven east, in the county of Peoria, be, and the same is here- 
)y, constituted a district for the election of a justice of the 
jeace and constable. 

Sec. 2. The county commissioners' court of the county Election, 
>f Peoria are hereby authorized and required to cause an 
Election to be held on or before the first Monday in August 
iext, and [at] each quadrennial election thereafter, for one 
ustice of the peace and one constable in said district. The 
persons so elected shall have and exercise the same jurisdic- 
ion, hold their offices by the same tenure, and be under the 
lame regulations in all respects, as other justices of the peace 
ind constables in this State. 

Approved, March 1, 1839. 



\.N ACT fixing the salary of the Governor, and requiring him to reside In force, Mar 
at the seat of Government. 1^ 1839. 

I Sec. 1. Be it enacted by the People of the State of Illinois, 
^presented in the General Assembly, That the salary of each ^^l^'*y °f 
[md evejy Governor hereafter elected in this State shall be two °^^''°**''- 
Lhousand dollars per annum, payable quarterly, out of any 
snoney in the treasury not otherwise appropriated; and each 
!md every such Governor shall reside at the seat of Govern- ^"^''^^J^^^J 
pent during his term of service. 
\ Approved, March 1, 1839, 



212 LAWS OF ILLINOIS. i 

Iq force, Mar. ' AN ACT to alter a certain road in Fayette county. M'i 

], 1839. ,J 

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

SSiner^s'o'f represented in the General Assembly^ That the county coram;! 

Fayette may sioners of Fayette county be, and they are hereby, authorizij 

locate road, ^^d required, upon the presentation of twenty petitioners wi \ 

reside upon and near the road proposed in this act to 1, 

changed, [to] make an order directing a resurvey and relocl 

tion of the road leading from Greenville to Shelby ville ; 

Coui'se of lies in Fayette county, beginning in section numbered twej 

"* ty-nine, and running north until it passes through the land ) 

James S. Kirk; and thence, bearing a little cast of norti 

until it passes through the land of H. B. Haines; and thenc! 

running a due east course, until it passes between H. ]i 

Haines' and Louisa White's land until it strikes the old roa I 

and, when resurveyed and relocated, shall be kept in repjj 

as other State roads in this State: Provided said relocij 

tion shall not operate to the injury of the neighborhood aij 

the inconvenience of the travelling community. This act j 

be in force from and after its passage. 

Approved, March 1, 1839. 

I 



In force, Mar. AN ACT changing the place of depositing the public money. 

1, 1839. 

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

b'^^^ dib ^ ^° rfpreseniec^ in the General Assembly, That from and after t 

Treasurer as removal of the Treasurer's office from Vandalia to Sprir 

place of de- field, the State Bank of Illinois shall be used by the Trei 

posite. m-gj, jjg ^j^g place of depositing the public money, instead 

the Branch Bank at Vandalia, under the provisions of t 

act, entitled "An act to provide for the safe-keeping and sec 

rity of the public money," approved on the fourth day 

March, one thousand eight hundred and thirty-seven. 

Approved, March 1, 1839. 



Id force, June AN ACT to encourage the culture of silk. 

1, 1839. 

Sec. 1. Be it enacted by the People of the State of flliml 
represented in >he General Assembly, That for the purpose ! 
coc™on'of °^ encouraging the culture of silk, there shall be paid out of t j 
flilk. treasury of the State a premium of one dollar to every pers ' 

who shall produce ten pounds weight of cocoons of silk, bei 
the work of silk worms raised by him or her within this Stai; 
and in the same proportion ior any larger quantity ol ^ 
coons. 

Sec. 2. There shall be allowed and paid out of the tn 
sury of the State, to every person who shall reel or cause 
be reeled, and to every person who shall throw or cause to 



LAWS OF ILLINOIS. 213 

j'own in this State, from cocoons produced from silk worms 

■ised in this State, a merchantable silk capable of being 

imufactured into the various silk fabrics, or to the legal rep- 

isentatives of such person, one dollar for every pound of 

k so reeled and thrown, and fifty cents for every pound of 

k reeled without being thrown. 

Sec. 3. The provisions of this act shall not apply ^ Bod^ea^pohtie 

dies politic and corporate. ^"^^J ^ 

Sec. 4. Before any person shall be entitled to receive the t^root. 

►unty as provided in this act, he, she, or they, shall prove to 

e satisfaction of some justice of the peace of the justice's 

strict in which such person resides, that the silk worms 

hich produced the cocoons or silk for which the bounty is 

aimed, were raised by him or her within such justice's dis- 

ct; and the same shall be exhibited and weighed in the 

-esence of such justice, who shall examine such person or 

arsons, on oath, in relation to the same; and if such justice 

all be fully satisfied that the same applicant did raise and 

•oduce the cocoons or silk so offered within said justice's 

ctrict, such justice shall thereupon give to such person a 

;rtificate of the following tenor: 

FATE OF Illinois, 

County of 

This day, A. B. personally appeared before me a justice Certificate o« 

the peace in and for the county and State aforesaid, and Justice peacf. 
chibited pounds of cocoons (or pounds of reeled 

Ik, or pounds of reeled and thrown silk, as the case 

lay be) and made satisfactory proof that the same were raised 
^ the said A. B. in said county and State, the present (or 
M) year; and also made oath that neither the same nor 
ny part thereof have ever before been presented or offered 
>r the purpose of obtaining the premium or bounty thereon 
ilowed by law. 

' Given under my hand and seal, this day of in the 

ear of our Lord eighteen hundred and 

C. D., Jmtice of the. Peace, [l. s.] 

Sec. 5. This act shall take effect on the first day of June 
ext, and shall remain in force five years. 

Approved, March 1, 1839. 



''I ss. 



AN ACT to authorize the sale of the saline lands in Bond county. in force, Mar. 

2, 1839. 
Sec. 1. Be it enacted by the People of the State of^ Illinois, 
epresented in the General Assembly, That Thomas Keys and ^^^^,j.g ^^^ ^_ 
facob Drake, of Bond county, are hereby constituted com- line lands, 
nissioners of the saline lands lying within the county of Bond, 
n the State of Illinois; and the said Thomas Keys and Jacob 
>ake, commissioners as aforesaid, are hereby authorized to Lands may be 
Qake sale, on a credit of one and two years, of all or any part sold on credit. 



"2H ' LAWS OF ILLINOIS. 

of said saline lands lying within the county aforesaid, and be- 
rovieo. longing to the State of Illinois: Provided^ however^ They shall 

first cause notice to be given through some one oi the public 
newspapers printed in this State, and by posting up written or 
printed notices in three of the most public places in the county 
afoiesaid, for six weeks successively prior to the day of sale, 
setting forth in said notices the terms, time, manner, and place 
of such sale. 
Length of Sec. 2. Said sale shall be between the hours of nine of 

*''"^"'' the clock in the morning and six of the clock in the evening, 

and on a credit of one year for one-half, and two years for the 
balance, the purchaser entering into bond, with approved se- 
curity, payable to Thomas Keys and Jacob Drake, commis- 
sioners as aforesaid, for the use of the State of Illinois, for the 
payment of the purchase money ; the said lands to be sold in lots i 
iio. of acres not to exceed forty acres each,'and may be sold in lots contain- ■ 
m lots sold, jpg a less number of acres, should said commissioners think ad- 1 
visable. In no case shall any of said saline lands be sold for a ; 
less sum than one dollar and twenty-five cents per acre. 
Appropria- Sec. 3. The funds that may be raised by the sale of said 

tjon 01 funds t i j /• • i i n . , /. "^ ^ , 

raisedfroinsa-^'^""^ ^^"^^ ^lo^^S'^^iQ ^"''i^^l go mto and form a part of the i 
lines. common school fund cf this State; and when the same is real- i 

ized, or any part thereof, the commissioners aforesaid shall I 
pay the same over to the school commissioners for the State of' 
Illinois. 
^^^';''°sive Sec. 4. The said Thomas Keys and Jacob Drake, com- 
missioners as aforesaid, shall, before entering upon the duties 
of their office, enter into bond, in the penal sum of three 
thousand dollars, payable to the Governor, for the use of the 
People of the Stat^ of Illinois, conditioned for the faithful 
performance and discharge of their duties as commissioners 
aforesaid, and for the payment and delivery promptly of all 
funds arising from the sale of the saline lands aforesaid to the> 
school commissioners aforesaid. 

land aforesaid by the commissioners aforesaid, the terms of 
sale having been first complied with, a certificate of purchase 
shall be given by the commissioners to the purchaser in the 
same manner as now are given by school commissioners in the 
several counties of this State upon the sale of any of the school 
lands; and the said commissioners shall foilhwith notify the 
proper department of State of any such sale, and a patent 
shall issue to the purchaser in the same manner as patents are 
now issued for school lands sold under the existing laws in rela- 
tion thereto. 
P.iy of com'rs. ^e^. 6. The said commissioners may, and they are hereby 
authorized to retain out of the amount of four cent, as a com- 
pensation for their services as commissioners, including the 
trouble and expense of advertising. 

Sec. 7. This act to take effect from and after its passage. 
Approved, March 2, 1839. 



LAWS OF ILLINOIS. 2IS 

IN ACT relating to commoa schools in the city of Chicago, and for other In force, Mar 
purposes. 1? 1838. 

Sf,c. 1. Be it enacted by the People of the State of Illinois, 
•epresenled in the General Assembly^ That the school lands 
md school funds of township thirtj-nine north, range four- Lands and 
:een, east of the third principal meridian, be, and .he same [^"^j' ""^f ®* 
ire hereby, vested in the city of Chicago; and the common Chicago. 
;ouncil of said city shall at all times have power to do all acts 
md things in relation to said school lands and school funds 
jvhich they may think proper to their safe preservation and 
efficient management, and to sell or lease said lands on such 
;erms and at such times as said common council shall deem 
Host advantageous, land, on such sale or sales, leasing or leas- 
ngs, to make, execute, and deliver all proper conveyances 
;herefor; which said conveyances shall be signed by the mayor 
jf said city, and countersigaed by the clerk thereof, and sealed 
svith the corporate seal of said city:( Provided, That the pro- Proviso. 
:eeds arising from such sales shall be added to, and constitute a 
part of, the school fund of said township: And provided, That 
Qothing shall be done to impair the principal of said fund, or 
to appropriate the interest accruing from the same to iiny 
bther purpose than the support of public schools in said town- 
ship: And provided, further. That any schools established in 
said township, and without the limits of said city, shall be 
sntitled to the same benefits and advantages from said fund 
as they would be without the passage of this act. 

Sec. 2. It shall be the duty of the commissioners of school 
lands for Cook county to deliver, to such person or persons as 
the common council of the city of Chicago shall direct, all 
the books, papers, notes, mortgages, or other evidences of debt 
belonging to the said school fund of said township thirty-nine, 
and all moneys belonging to the same, taking the receipt of such 
person or persons therefor; which said receipt shall be a full 
indemnity to him for so doing. 

(Sec. 3. The common council of the city of Chicago shall Powers of 
have power to raise all sufficient sum or sums of money, by tax- °«™- ^°"°® ^ 
ing the real and personal estate in said city, for the following 
purposes., to wit: To build school-houses; to establish, support, 
and maintain, common and public schools, and to supply the 
inadequacy of the school fund for the payment of teachers; 
to purchase or lease a site or sites for school-houses; to erect, 
hire, or purchase buildings suitable for said school-houses; to 
keep in repair and furnish the same with necessary fixtures 
and furniture, whenever they may deem it expedient; and the 
taxes for that purpose shall be assessed and collected in the 
same manner that other city taxes are or may be. The said ^;';;,^^;;^*;^'y 
common council shall also l\ave power to fix the amount of the council, 
compensation to be allowed to the teachers in the different 
schools, prescribe the school books to be used, and the studies 
to be taught in the different schools, and to pass all such ordi- 



216 



LAWS OF ILLINOIS. 



nances and by-laws aj they may from time deem necessary in 
relation to said schools and the government and management /yt 
of the same, and of the school kinds and funds belonging to" 
the said township. 
Jnapectors of Sec. 4 The said common council shall annually appoint 
com, schools, gcven persons for inspectors of common schools, and three per- 
sons in each district to be trustees of common schools in and 
for said district, whose powers and duties shall be prescribed 
by said common council. ■■ 
Acts repealed Sec. 5. Sections eigh^y-flvc, eighty-six, eighty-seven, eigh- 
ty-eight, eighty-nine, ninety, and ninety-one, of the act, enti- 
tled "An act to incorporate th« city of Chicago," passed 4th 
March, 1837, and all other acts and parts of acts coming with- 
in the perview of this act, be, and the same are hereby, repeal- 
ed, so far as they relate to the said township thirty-nine, or 
the city of Chicago. 

Appuoved, March 1, 1839. 



In force, Mar. 
:i, .1839. 



Boundary of 
Lake counly. 



Coni'TB to lo- 
cate CO. seat. 

Time and 
placo of 
meeting 



Election of 
CO. ofScere. 



AN ACT for the formation of Lake county. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That all that portion of 
McHenry county east of a range or sectional line not less than 
three miles, nor more than four miles, east of the present, 
county seat of Mclienry county, shall constitute a new county, 
to be »dled the county of Lake. 

Sec. 2. That Edward E. Hunter and William Brown, of 
Cook county, and Col. E. C. Berry, ol Fayette county, be, 
and are hereby, appointed commissioners to locate the %Cc± 
of justice of said county. Said commissioners, or a majority 
of them, shall meet at the house of Henry B. Steel, at Inde- 
pendence Grove, in said county, on the first Monday in May 
next, or as soon thereafter as maybe, and, after being duly 
qualified by somcjusLice of the peace faithfully to perform the 
■duties required of them by this act, shall proceed to locate 
and establish the permanent seat of justice of said county, 
having due regard to the geographical situation, the settle- 
ment, and the convenience of the present and future popula- 
tion of said county. The claimants on land where Sciid county 
seat may be located shall donate and convey their right and 
title to not less than twenty acres of land to the county com- 
missioners of said cojnty, as soon as said county shall be or- 
ganized, for the use and benefit of said coMuty, on which the 
public buildings shall be erected; and it shall be the duty of 
the said county commissioners to purchase and secure a title 
to the same, from the funds of the county, when said land comes 
into market. 

Sec. 3. That the legal voters of said county shall meet at 
the several places where elections were held in said county at 



LAWS OF ILLINOIS. ' 217 

the last general election, on the first Monday in August next, 
and proceed to elect county officers; and returns of said elec- 
tions shall be made by the judges and clerks to the clerk of 
the county commissioners' court of McHenry county, accord- 
ing to law as in other cases; and said clerk shall give certifi- 
cates of election; and when the county commissioners shall 
be elected and qualified, the said county of Lake shall be duly 
organized. 

Sec. 4 . That said county of Lake shall be attached to the Co. of Lake 
seventh judicial district; the judges of said circuit shall have ^[^^?^^*^^l° 
power to fix the times of [holding] the circuit court; and the 
county commissioners shall determine the place of holding 
courts until public buildings shall be erected. 

Sec. 5. That after the election of county officers as herein 
provided, the persons elected county commissioners are here- 
by authorized to administer the oaths of office to each other, 
and to all other officers of said county. 

Sec. 6. That the commissioners appointed to locate the Compensa- 
county seat shall each receive the sum of three dollars per ^^°"' 
day, for the time necessarily employed in locating the same, 
out of the county treasury. 

Approved, March 1, 1839. 



AN ACT to amend the law in relation to sheriffs and coroners. In force, Mar. 

1, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That it shall be lawful 
for the clerk of the circuit court in any county in this State 
on the application of the plaintiff in any judgment where an 
execution can properly be issued, and an affidavit being filed 
by the plaintiff", his agent or attorney, that the sheriff has failed ^^^^^^ ^^'^- 
to pay over money collected by him on any previous execu- ^^^^ mo^n^. 
tion in favor of the same plaintiff, or any other person, on execution to 
demand made therefor by the plaintiff in such previous execu- ^^®"®- 
tion, his agent or attorney, to issue execution directed to the 
coroner of the county, who shall be authorized and required 
to perform all duties in relation to said execution which the 
sheriff is authorized and required to [perform] where the 
execution is directed to him. 

Approved, March 1, 1839. 



AN ACT to relocate the seat of justice of Livingston county. In force, Mar. 

1, 1839. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That at the election to 
be held in the several precincts within the county cf Livings- 
ton, on the first Monday in August next, it shall be lawful for the Vote for or 
qualified voters of the said county to vote for or against the ^a^inst remp- 
removal of the county seat from Pontiac ; and if it shall appear 



218 LAWS OF ILLINOIS. 

from the returns of the s' id election that two-thirds of all the 
votes given shall be in favor of a removal of the county seat, 
and also that a majority of alJ the votes given at the said elec- 
tion shall be in favor of any other place within said county, 
then said county seat shall be removed; and the place receiv- 
ing the number of votes required by this act shall be pnd re- 
Permanent main forever the permanent seat of justice for the said county 
location. of Livingston. 

Sec. 2. Donations of land or claims may be offered at 
least twenty days previous to the day of election, in the follow- 
ing manner, to wit: Any person or persons offering donations 
of land or clain^s shall file, with the clerk of the county com- 
missioners' court of said county, a good and sufficient bond, 
to be accepted by the county commissioners' court, in term 
time or in vacation, binding himself or themselves to donate 
or relinquish to the said county of Livingston any quantity of 
land not less than fifty acres, the Government price of wiiich 
shall be paid by the donor, in such manner as the county com- 
' missioners may require. 
Special en- Skc. 3. It shall bf the duty of the county commissioners' 

court to cause special entries to be made of record of the result 
of said elections, and file and preserve said returns or poll- 
books for inspection; to lay off into lots and dispose of said 
donation to the best advantage for the interest of the county, 
the proceeds of which shall be applied to the erection of a 
court house and other public buildings, which shall be erected 
without unnecessary delay. 
Booksandpa- Sec. 4. Incase the seat of justice shall be removed, all 
pers to be re- ^]^q bcoks, papers, and records, belonging or pertaining to the 
couniy of Livingston, shall be I'emoved to the place selected 
within three months thereafter, and the courts shall be hold- 
en there, and process returned accordingly. 
b°iocate™^^ ^^(^' 5. That nothing contained in this act shall be so con- 
U. S, land, strued as to prevent the said county seat from being located on 
lands belonging to the Government of the United States, and 
on which no pre-emption right exists. This act to be in force 
from and after its passage. 
Approved, March 1, 1839. 



5n force, Mar. AN ACT to relocate part of a State road from Quincy to Macomb. 
1, 1839. 

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

represented in the General Assembly^ That B. Whitakcr, Sevier 

Tadlock, and S. B. Garnett, of the county of Hancock, are 

Com'rs to hereby appointed commissioners to relocate a part of the State 

locate road, road leading from Quincy, in Adams county, to Macomb, in 

McDouOugh county. 

Sec. 2. Said commissioners, or a majority of them, shall 
meet in the town of Plymouth, in Hancock county, on or be- 



LAWS OF ILLINOIS. 219 

fore the first day of May next, or within three monthjJ there- Time and 
after, and, after being duly sworn by some justice of th(5 peace !jjggj*jng^ 
of said county to faithfully and impartially relocate said road, 
shall commence at or near the town of Plymouth, in Himcock 
county, and relocate said road to the south line of said c'ounty 
upon the most suitable ground, so as to intersect said road 
again where said road crosses the line between Hancock and 
Adams counties; and when the said road shall have be2ii thus 
relocated, it shall be deemed a public State road, and shall 
be kept in repair as such. 

Sec. 3. Said commissioners shall receive for their services Compensa- 
a reasonable compensation, to be paid out of the county ^^'^o"* 
treasury of Hancock county, by order of said county court. 
So much of said road as said commissioners shall dejem expe- 
dient to change is hereby vacated. 

Approved, March 1, 1839. 



AN ACT to authorize a loan of money. 1 In force, Mar. 

1, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That the Governor iscov. tobor- 
hereby authorized to borrow, on the credit of the State, a sum row money, 
of money not exceeding one hundred and twenty-eight thou- Amount. « 
sand dollars; and the sum so borrowed shall be applied to the 
payment of the ordinary expenses of the Government, and 
all other appropriations by law: Provided, That no engage- 
ment or contract shall be entered into which shall preclude 
the State from reimbursing any sum or sums thus borrowed, 
at any time after the thirty-first day of December, eighteen 
hundred and sixty. 

Sec. 2. The Governor is hereby authorized to cause to be Certificate of 
constituted certificates of stock, signed by the Auditor and stock, 
countersigned by the Treasurer, bearing an interest not ex- 
ceeding six per centum per annum, payable, semi-annually, at 
such places within th? United States as may be agreed upon 
between the Governor and person or persons, or corporation, 
with whom the contract may be made, and reimbursable as 
aforesaid; which stock, thus created, shal be transferable on 
the books of the Auditor, or on the books of such agent oi Gov. to ap- 
agents as the Governor may appoint for that purpose in any P^^"^ agent, 
part of the United States, by the owner or owners of such 
stock, his, her, or their attorneys; and new certificates of the cates. 
same shall be issued to the new holder or holders, cither by 
the Auditor and Treasurer, or by such agent or agents author- 
ized to receive such transfers, at the option of the holders of 
any such stock, the original certificate of stock being thereup- 
on cancelled at the time of issuing the new certificates of 
stock in lieu thereof; and if such new certificates of stock be 
issued by the Auditor and Treasurer, or agent or agents so ap- 
pointed by the Governor, then the original certificates of stock, , 



230 



LAWS OF ILLINOIS. 



thus cancfjlled, shall be transmitted to the Treasurer of this 
State witJaout delay, and deposited in his office, there to re- 
main. A.nd it is hereby further declared that it shall be deem- 
ed to be a good execution of the said power to borrow, for 
the Governor of this State to cause the said certificates of stock, 
or any part thereof, to be sold: Provided, That such certifi- 
cates of stock shall not in any case be sold for less than their 
par value. 

Sec. 3. It shall be the duty of the Auditor and Treasurer 
to procure ;a sufficient number of blank certificates of stock, 
and the necessary books, the expense of which shall be paid 
out of any money in the treasury not otherwise appropriated. 

Approved, March 1, 1839. 



In force, June 
1, 1839. 



When action 
may be bro't. 
First. 



Second. 
By widow. 



If premises 
are occupied. 



Action, how 
commenced. 



Use of ficti- 
tious names, 
&.C., abolish- 
ed. 



AN ACT defining and regulating proceedings in the action of ejectment. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented, in the General Assembly, That the action of eject- 
ment shall be retained, and may be brought in the cases and the 
manner heretofore accustomed, subject to the provision here- 
inafter contained. 

Sec. 2. It may also be brought — 

1st. In the same cases in which a writ of right may now be 
brought by law to recover lands, tenements, or hereditaments, 
and by any person claiming an estate therein in fee or for life, 
either as heir, devisee, or purchaser. 

2d. By any widow entitled to dower, or by a woman so 
entitled and her husband, after the expiration of six months 
from the time her right accrued, to recover her dower of any 
lands, tenements, or hereditaments. 

Sec. 3. No person shall recover in ejectment unless he has, 
at the time of commencing the action, a valid subsisting inter- 
est in the premises claimed, and a right to recover the same, 
or to recover the possession thereof, or of some share, interest, 
or portion thereof, to be proved and established at the trial. 

Sec. 4. If the premises for which the action is brought are 
actually occupied by any person, such actual occupant shall 
be named defendant in the declaration; if they are not so 
occupied, the action shall be brought against some person ex- 
ercising acts of ownership on the premises claimed, or claim- 
ing title thereto, or some interest therein, at the commence- 
ment of the suit. 

Sec 5. The action shall be commenced by the service of 
a declaration, in which the names of the real claimants shall 
be inserted as plam tiffs; and all the provisions of law con- 
cerning lessois of a plaintifiT shall apply to such plaintiflTs. 

Sec. 6. The use of fictitious names of plaintiffs or defend- 
ants, and of the names of any other than the real claimants 
and the real defendants, and ffhe statements of any lease or 



LAWS OF ILLINOIS. ! 221 

demise to the plaintiff, and of an ejectment by a casuial or 
nominal ejector, are hereby abolished. 

Sec. 7. It shall be sufficient for the plaintiff to aver 'in his Averment of 
declaration that (on some day therein to be specitiedj, and plaintiff, 
which shall be after his title accrued) he was possessed /of the 
premises in question, (describing them as hereinafter prcivided) 
and being so possessed thereof, that the defendant aitei -wards, 
(on some day to be stated) entered into such premises, a tid that 
he unlawfully withholds from the plaintiff the possession) there- 
of, to his damage any nominal sum the plaintiff shall think 
proper to state; and the premises so claimed shall be desicrib- 
ed in such declaration with convenient certainty, so that, from ' 

such description, possession of the premises claimed nria y be 
delivered. If such plaintiff claims any undivided share or in- 
terest in any premises, he shall state the same particular ly in 
such declaration. 

Sec. 8. If the action be brought for the recovery of do wcr, if for dower, 
the declaration shall state that the plaintiff was possesse d of 
the one undivided third part of the premises, as herreason able 
dower, as widow of her husband, naming him. ■ In e very ^ 

other case the plaintiff shall state whether he claims in fee, 
or whether he claims for his own life, or the life of anothe r, or 
for a term of years, specifying such life or the duration of ! such 
term. 

Sec. 9. In any case other than where the action sha 11 be in other cases 
brought for the recovery of a dower, the declaration may 
contain several ounts, and several parties may be namc;d as 
plaintiffs jointly in one count, and separately in others. 

Sec. 10. To such declaration their shall be subjoi.ned a Notice -A'ith 
notice, in writing, by the plaintiff or his attorney, addressed (declaration, 
to the defendant, and notifying him — 

1st. That the said declaration will be filed on some day First. 
in the then next term of the court in which the ac;tion is I^edaratiou 
brought, specifying such day; or, if the same be served during ^'^^' 
the term of any court, 1 hat it will be filed on some day in such 
term, specifying the same. 

2 J. That, upon filing the same, a rule will be entered re- Second, 
quiring such defendant to appear and plead to such declara- ^^^^ entered, 
tion, within twenty days after the entry of such rule; and, 

3d. That, if he neglect so to appear and plend, a judgment Third, 
by default will be entered against him, and the plaintiff wilH"^?"^"' ^^ 
recover possession of the premises. default. 

Sec. 11. If the premises are actually occupied, the decla- Service of 
ration shall be served by delivering a copy thereof, with the declaration, 
notice above prescribed, to the defendant na^med therein who 
shall be in the occupancy thereof, or by leaving the same with 
some white person of the family, of the a,'ge of ten years or 
upwards, at the dwelling-house of Luch defendant, if he be 
absent. 

Sec. 12. If the premises claimed are jnot actually occu- li" premises 
pied, the declaration and notice shall be servf^d on the defendant ^[g^"°' °^''"" 



222 



Affidavit of 
service. 



Defendant 
may apply for 
authority of 
plain titi" to 
commence 
suit. 



Court to grant 
order. 

Proceedings 
stayed. 



Application, 
when dismiss- 
ed. 



Payment of 
costs. 

Defendant 
may demur. 



Filing plea. 

Evidence of 
defendant. 



LAWS OF ILLINOIS. 

n4Tn3d therein, or, if he cannot be found, by leaving the 
saimc with some while person, of the age of ten years or 
up wards, at the residence of the defendant; but where the 
de«;laration shall have been served in any other manner than 
upon the defendant personally, no rule to plead shall be enter- 
ed without the special order of the court. 

^5ec. 13. Instead of the rule to appear and enter mto the 
con sent rule as heretofore accustomed, the plaintiff, on the 
day specified for that purpose in the notice aforesaid, or on 
scime day thereafter, upon riling the declr, ration with an affi- 
davit of the service of a copy thereof, and of the notice here- 
in!) efore required, shall be entitled to enter a rule requiring 
the defendant to appear and plead within twenty days after 
th<3 entering of such lule; and in case the defendant shall neg- 
lect so to appear and plead within such time, his default shall 
be entered. 

Sec. 14. A defendant in ejectment may, at any time be- 
foj-e pleading, apply to the court, or to any judge thereof in 
vacation, to compel the attortiey for the plaintiff" to produce 
to such court or officer his authority for commencing the ac- 
tic>n in the name of any plaintiff therein. Such application 
sh all be accompanied by an affidavit of the defendant that 
he- has not been served with proof, in any way, of the author- 
ity^ of the attorney to use the name of the plaintiff stated in 
thje declaration. 

Sec. 15. Upon such application, the court or officer shall 
grant an order requiring the production of such authority, and 
shall stay all proceedings in the action until the same shall be 
pnoduccd. Any written request of such plaintiff or his agent 
to, (Commence such action, or any written recognition of the 
aujlhority of the attoi-ney to comuicnce the same, duly proved 
by the affidavit of such attorney, or other competent witness, 
shaill be sufficient presumptive evidence of such authority. 

Sec. 16. If it shall appear that, previous ta such applica- 
tion by any defendant, he was served with a copy of the affi- 
davit of the plaintiff's attorney showing Lis authority to bring 
such action,, such application shall be dismissed; and such de- 
fendant shall be liable for the costs of such application, the 
payment of which may be compelled by attachment as in 
other cases, which may be issued upon proof of disol)cdiencc 
to the order of the court cr officer directing the payment of 
such costs. 

Sec. 17. The defendant may demur to the declaration as 
in personal actions, or he ^shall pldid the general issue only, 
which shall be ^hat the defendant is not guilty of unlawfully 
withholding the!\ premises claimed by the plaintiff as alleged 
in the declaratioSii; and the riling of such plei- or demurrer shall 
be deemed an appearance in the cause; and upon such pica, 
the defendant may give the same matter in evidence, and the 
same proceedings shall be had, as upon the plea of not guilty 
in the present action of ejectment, except as herein otherwise 



LAWS OF ILLINOIS. 223 

provided. The defendant may likewise give in evidence any 
maUer which, if pleaded in the present writ of right, or ac- 
tion of dower, would bar the action of the plaintiff. 

Sec. 18. The consent rule heretofore used is hereby abol- Consent rule 
isheu. abolished. 

Sec. 19. It shall not be necessary for the plaintiff to prove 
an actual entry under title, nor the actual receipt of any of < 

the profits of the premises demandad; but it shall be sufficient 
for liim to show a right to the possession of such premises at Right to pos- 
the time of the commencement of the suit, as heir, devisee, ^*^^*^°"* 
purchaser, or otherwise. 

Sec. 20. It shall not be necessary on the trial for the de- 
fendant to confess, nor for the plaintiff to prove, lease, entry, 
and ouster, or either of them, except as provided in the next 
section; but this section shall not be construed to impair, nor 
in any way to affect, any of the rules of evidence now in force 
in regard to the maintenance and defence of the action. 

S[;c. 21. If the action be brought by one or more tenants Action bro't 
in common, or joint tenants against tlieir co-tenants, the plaintiff, ^^ tenants, ^ 
in addition to all other evidence which he may be bound to 
give, shall be required to prove, on the trial of the cause, that 
the defendant actually ousted such plaintiff, or did some other 
act amounting to a total denial of his right as such co-tenant. 

Sec. 22. If the action be brought against several defend- 
ants, and a joint possession of all be proved, the plaintiff shall 
be entitled to a \erdict against all, whether they shall have 
pleaded separately or jointly. 

Sec. 23. When the action is against several defendants, 
if it appear on the trial that any of them occupy distinct par- 
cels in severalty or jointly, tiie plaintiff shall elect, at the trial, 
against which be will proceed; which election shall be made 
before the testimony in the cause shall be deemed to be closed; ^ ,. ^ 
and a verdict shall thereupon be rendered for the defendants defendant, 
not so proceeded against. 

Sec. 24. In the following cases, the verdict shall be ren- 
dered as follows: — 

1st. If it be shown on the trial that all the plaintiffs have 
a right to recover the possession of the premises, the verdict 
in that respect shall be for the plaintiffs generally. 

2d. If it appear that one or more of the plaintiffs have a Verdict to 
right to the possession of the premises, and that one or more specify, 
have not such right, the verdict shall specify for which plain- 
tiffthc jury find, and as to which plaintiff they find for the 
defendant. 

3d. If the verdict be for any plaintiff, and there be several Verdict for 
defendants, the verdict shall be rendered against such of them P^^^°txff. 
as were in possession of the premises, or as claimed title 
thereto, at the commencement of the action. 

4th. If the verdict be for all the premises claimed as spe- verdict for all 
cified in the declaration, it shall, in that respect, be for such claims, 
premises generally. 



224 



LAWS OF ILLINOIS. 



Verdict for 5th. If the verdict be for a part of the premises described 

part • in such declaration, the verdict shall particularly specify such 

part, as the same shall have been proved, with the same cer- 
tainty hereinbefore required, in the description of the premi- 
ses claimed. 
Undivided Q^\y^ jf tj^e verdict be for an undivided share or interest in 

^^^^^' the premises claimed, it shall specify such share or interest; 

and if for an undivided share in a part of the premises claim- 
ed, it shall specify such share, and shall describe such part of 
the premises as hereinbefore required. 
Specifications 7th. The verdict shall also specify the estate which shall 
of verdict. y^^^^ Y)een established on the trial by the plaintiff in whose 
favor it shall be rendered, whether such estate be in fee, for 
his own lite, or for the liie of another, stating such lives; or 
whether it be for a term of years, and specifying the duration 
of such term. 
Expiration of Sec. 25. If the right or title of a plaintiff in ejectment 
right. expire after the commencement of the suit, but before trial, 

the verdict shall be returned according to the fact, and judg- 
ment shall be entered that he recover his damages by reason 
of the withholding of the premises by the defendant, to be 
assessed; and that as to the premises claimed, the defendant 
go thereoff without delay. 
Action not to Sec. 26. The action of ejectment shall not be abated by 
abate by death ^l^g death of any plaintiff, or of one of several defendants, 
«f plaintifl. ^^^^^ .^^^^ ^^^^ ^g^.^j.g verdict and judgment, but the same pro- 
ceedings may be had as in other actions, to substitute the 
names of those who may succeed to the titl^i of the plaintiff 
so dying; in which case the issue shall be tried as between the 
original parties; and in case of the death of a defendant the 
cause shall proceed against the other defendants. 
If action of Sec. 27. In cases where no other provision is made, the 
plaintiff pre- judgment in the action, if the plaintiff prevail, shall be, that 
the plaintiff recover the possession of the premises according 
to the verdict of the jury, if there was such verdict; or, if the 
judgment be by default, according to the description thereof 
^ . ,- in the declaration, with costs to be taxed. 

^s"ion '"'" Sec. 28. The plaintiff recovering judgment shall be enti- 
tled to a writ of possession, which shall be substantially m the 
following form: 

The People, &c., to the Sheriff, &c.: 

"Whereas A. B. has lately, in the circuit court held in and 
for the county of by the judgment of the said court, 

recovered against C. D., one messuage, ifec, (describing the 
premises recovered with the like certainty as above pioyided,) 
which said premises have been and are still unjustly withheld 
from the said A. B. by the said C. D., whereof he is convicted, 
as appears to us of record; and forasmuch as it is adjudged 
in the said court that the said A. B. have execution upon his 



LAWS OF ILLINOIS. 225 

said judgment against the said C. D., according to the force, ♦ 
form, and effect of his said recovery : Therefore, we command 
you, that, without delay, you deUver to the said A. B. pos- 
session of the premises so recovered, with the appurtenances; 
and that you certify to, &c., at, &c., on, &c., in what man- 
ner you shall have executed this writ. (If there be costs to 
be collected, the proper clause may be here inserted, or a 
separate execution may be issued therefor.)" 

"Witness, &c." « 

Sec. 29. Every judgment in the action of ejectment, rcn- Judgment 
dered upon a verdict, shall be conclusive as to the title estab- conclusive, 
lished, in such action, upon the party against whom the same 
is rendered, and against all persons claiming from, through, 
or under such party, by title accruing after the commencement 
of such action, subject to the exceptions hereinafter named. 

Sec. 30. The court in which such judgment shall be ren- Conn maj 
dered, at any time within one year thereafter, upon the ap- ^^^^^ •'"^^■" 
plication of the party against whom the same was rendered, 
his heirs or assigns, and, upon the payment of all costs and 
damages recovered thereby, shall vacate such judgment, and 
grant a new trial in such cause; and the court, upon subse- , 

quent application made within one year after the rendering 
of the second judgment in said cause, if satisfied that justice 
will thereby be promoted, and the rights of the parties more 
satisfactorily ascertained and established, may vacate the 
judgment, and grant another new trial; but no more than two 
new trials shall be granted under this section. 

Sec. 31. Every judgment in ejectment, rendered by de- Judgment by 
fault, shall, from anti after two years from the time of enter- '^^f'^u't. 
ing the same, be conclusive upon the defendant, and upon 
all persons claiming from or through him by title accruing 
after the commencement of the action; but within two years 
after the entering of such judgment, on the application of 
the defendant, his heirs or assigns, and upon the payment of 
all costs and damages recovered thereby, the court may vacate 
such judgment, and grant a new trial, if such court shall be New trial, 
satisfied that justice will be promoted, and the rights of the 
parties more satisfactorily ascertained and established. 

Sec 32. But if the defendant in such declaration, at the Disabilities, 
time of the entering the judgment by default, be either, 1st, for which time 
within the age of twenty-one years; or, 2d, insane; or 3d, J^^^g^j^ P"""' 
imprisoned on any criminal charge, or in execution upon some 
conviction of a criminal offence for any term less than for 
life; or, 4th, a married woman, the. time during which such 
disability shall continue shall not be deemed any portion of 
the said two years; but any such person may bring an action 
for the recovery of such premises after that time, and within 
two years after such disability shall be removed, but not after 
that period. 

Sec. 33. If the person entitled to commence such action 
shall die during the continuance of any disability specified in 



226 LAWS OF ILLINOIS. 

Heirs may • the preceding section, and no determination or judgment be 
acti^^'*'^^ had of or upon the title, right, or action so to him accrued, his 
heirs may commence such action after the time above limited 
for that purpose, and within two years after his death. 
Possession Sec. 34. If the plaintiff shall have taken possession of 

not affected ^j^^ premises by virtue of any recovery in ejectment, such 
judgment. " possession shall not in any way be affected by the vacating of 
any judgment as herein provided; and if the defendant re- 
cover in any new trial hereby authorized, he shall be entitled 
to a vrrit of possession, in the same manner as if he was 
plaintiff. 
Mattersin bar Sec. 35. Upon any new trial granted as herein provided, 
of recovery, the defendant may show any matters, in bar of a recovery, 
which he might show to entitle him to the possession of the 
premises if he were plaintiff in the action. 
Judgment and Sec. 36. The plaintiff recovering judgment in ejectment 
damages. -j^ ^^^^ ^^ ^j^^ cases in which such action may be maintained, 
shall also be entitled to recover damages against the defend- 
ant for the rents and profits of the premises recovered. 
Suggestion of Sec. 37. Instead of the action of tresspass for mesne 
*- «"»• profits heretofore used, the plaintiff seeking to recover such 

damages, shall, within one year after the entering of the judg- 
ment, make and file a suggestion of such claim, which shall 
be entered, with the proceedings thereon, upon the record of 
such judgment, or be attached thereto, as a continuation of 
the same. 

Sec. 38. Such suggestion shall be substantially in the same 
form as is now in use for a declaration in an action of as- 
sumpsit for the use and occupation, as near as may be; and it 
shall be served on the defendant in the same manner herein- 
before prescribed respecting the service of a declaration in 
ejectment; and the same rules of pleading thereto shall be 
observed as upon declarations in personal actions. 
Defeodant Sec. 39. The defendant may plead the general issu3 of 

may plead is- non-assumpsit, and, under such plea, may give notice of, or may 
*"m"ii"°" ^^" pl^^^ specially, any matter in bar of such claim, except such 
as were or might have been controverted in such action of 
ejectment; but he may plead or give notice of & recovery by 
such defendant, or any other person, of the same premises, or 
of part thereof, subsequent to the verdict in such action of 
ejectment, in bar or in mitigation of the damages claimed by 
the plaintiff. 
Issue of iact Sec. 40. If any issue of fact be joined on such sugges- 
ou suggestion, tion, it thall be tried as in other cases; and if such issue be 
found for the plaintiff, the same jury shall asses his damages 
to the amount of the mesne profits received by the defendant 
since he entered into possession of the premises, subject to 
the restrictions hereinafter contained. 
Plaintifl'toes- Sec. 41. On the trial of such issue, the plaintiff shall be 
tablish time oi required to establish, and the defendant may controvert, the 
"° ' time when such defendant entered into the possession of the 



LAWS OF ILLINOIS. 237 

premises, the time during which he enjoyed *^he mesne profits 
thereof, and the value of such profits; and the record of the 
recovery in the action of ejectment shall not be evidence of 
such time. On such trial, the defendant shall have the same 
right to set off any improvements made on the premises, to 
the amount of the plaintiff's claim, as is now or shall hereaf- 
ter be allowed by law; and in estimating the plaintiff''s dam- 
ages, the value of the use by the defendant of any improve- 
ments made by him shall not be allowed to the plaintiff". 

Sec. 42. If no issue of fact be joined on such suggestion. When issue of 
or if judgment thereon be rendered against the defendant by ll^lg^f ^"[j^^ 
default, on demurrer or otherwise, a writ of inquiry, to assess "inquiry issu 
the value of such mesne profits, shall be issued, of the execu- ^'^^ 
tion of which the same notice shall be given to the defendant, 
or his attorney, as in other cases. 

Sec. 43. Upon the execution of such writ, the plaintiff" 
shall be required to establish the same matters herein before 
required in the case of an issue being joined, a;;d the defend- 
ant may in like manner controvert the same, and make any 
set-off" to which he shall be entitled; and the jury shall assess 
the damages in the same manner. The same proceedings 
shall be had on such writ and it shall be returned as in other 
cases, with the inquisition taken thereon. Upon such inquisi- 
tion, or upon the verdict of the jury in the case of the issue 
being joined, the court shall render judgment, as in actions 
of assumpsit, for use and occupation, which shall have the like 
eff"ec1 in all respects. 

Sec. 44. If the plaintiff" in ejectment shall have died Jn case of 
after issue joined or judgment therein, his personal represen- ^ 

tatives may enter a suggestion of such death, of the granting 
letters testamentary or of administi'ation to them, and may 
suggest their claim to the mesne profits of the premises recov- 
eied, in the same manner, and with the like effect, as the de- 
ceased; and the same proceedings in all respects shall be had 
thereon. 

Sec 45. If the action be brought to recover the dower Action for 
of any widow, which shall not have been admeasured to her'"^'*'^' 
before the commencement of such acti n, instead of a writ 
of possession being issued, such plaintiff" shall proceed to have 
her dower assigned to her in manner following: 

1. Upon the rendition of judgment, the court, upon the ^'"'^^ assign- 
motion of the plaintiff", shall appoitst tiiree respectable and ™^" ^ ''^" 
disinterested freeholders, commissioners for the purpose of 

setting off and allotting to the plaintiff her dower out of the 
lands described in the record; and the commissioners so ap- 
pointed shall proceed in like manner, possess the like powers, 
and be subject to the like obligations and control, as commis- 
sioners appointed pursuant to the act, entitled "An act for the 
speedy assignment of the dower, and parlition of real estate.'* 

2. Upon the approval of the report of the commissioners Second, 



228 " LAWS OF ILLINOIS. 

Approval of \yy the court, a writ of possession shall be issued to the sheriff 
missioners!™' ^^ ^'^^ proper countj, describing the premises assigned for 
the dower, and commanding the shsriff to put the plaintiff 
in possession thereof. 
Compensa- ^Ec. 46. The commissioners to be appoined under this 

tion of com'rsact shall be allowed, as a compensation for their services, the 
sum of two dollars per day each, to be taxed as other costs. 
This act to take effect on the hist day of June ne::t; but rights 
acquired under the laws heretofore in force, relative to the 
action of ejectment, are not to be affected by this act. All 
Laws repeal- laws contrary to the provisions of this act are hereby re- 
pealed. 

Sec. 47. Nothing contained in this act shall be construed 
as repealing or changing the provisions of the act, entitled 
"An act concerning occupying claimants of land," approved 
on the twenty-third day of FeJjruary, one thousand eight hun- 
dred and nineteen; but all the provisions of said act shall be 
and remain in full force, any thing in this act to the contrary 
notwithstanding. 

Approved, March 2, 1839. 



ed 



Act referred 
to. 



In force, Mar. AN ACT to amend an act, entitled "An act to create the county of 
2, 1839. Bureau." 

Sec. I. Be it enacted by the People of the State of Illinois^ 
represented in the Gene-*-al Assembly^ That the president and 
trustees or other corporate authorities of the town of Prince- 
ton are hereby fully authorized and empowered to levy and 
Ad valorem collect an ad valorem tax upon all the real estate within the 
tax in Prince- corporate limits of said town of Princeton, for the purpose of 

ton to be paid .1. , c a i.i j i n i • i i i 

into county raising the sum ol hve thousand dollars; which tax, when 
treasury; collected, shall be paid into the county treasury, to be appro- 
how appi-o- priated in defraying the expenses of erecting public buildings 
^ ' for the county of Bureau: said tax to be levied in any term of 

years, not exceeding three years, as the corporate authorities 
of the said town of Princeton may think best. 
f .5,000 a full Sec. 2. When said sum of five thousand dollars shall 
discharge. y^^ collected and paid into the county treasury of the county 
of Bureau as aforesaid, it shall be a full discharge of all further 
demands against the owners and proprietors of said town of 
Princeton, or any person or persons directly or indirectly lia- 
ble for such owners and proprietors. 
On refusal to Sec. 3. Should the owner of fany real estate lying within 
pay tax. ^^^ town of Princeton fail or refuse to pay the tax authorized 

to be levied and collected by this act, and should there be no 
personal property belonging to the owners of such real estate 
within the limits of said town of Princeton, then and in that 
case the collecting officers of said corporation shall report 
such real estate as may be in arrears to the proper authority 



LAWS OF ILLINOIS. 329 

of the said town of Princeton; which real estate, so return- 
ed, shall be proceeded against as is required by law for the 
collection of the State tax in such cases; and a lien is hereby 
created, in behalf of said corporation, upon the real estate 
within the limits of the town of Princeton aforesaid, for the 
purpose of securing the tax authorized to be levied and col- 
lected by this act. 

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

Approved, March 2, 1839. , 



AN ACT to construct a turnpike road from Charleston to Darwin. in force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of thirty- 
five thousand dollars be, and the same is hereby, appropriated $35,000 ap- 
out of the internal improvement fund, to be applied and ex- ^[,°j^'^jyifjj_ 
pended, under the direction and authority of the Board of pike road. 
Public Works, in opening and constructing a clay turnpike 
road from Charleston, via Marshall, to Darwin, in Clark 
county; the said road to be opened, constructed, and placed 
on the same footing, in reg ird to toll-gates and tolls, as the Tolls and 
Great Western mail route between Vincennes and St. Louis: gates. 
Provided, That the distributive share of the two hundred Proviso,, 
thousand dollars belonging to any county through which said 
road may pass shall compose a part of this appropriation. 

Sec. 2. The county commissioners' court of Clark county Duty of coun- 
shall, without delay, appropriate three thousand dollars to im- ciark county. 
prove the State road from York, via Martinsville, to Charles- 
ton, to be disbursed under the direction of Jonathan Medsker^ 
and Henry Harrison, jr. 

Approved, by the Council, March 2, 1839. 



AN ACT for the formation of the county of Stark, and for other purposes. {„ force Mar 

2, 1839. 

Sec. 1. Be it enacted by the People, of the State of Illinois, 
represented in the Ge.ieral Assembly, That township fourteen p , f d 
north, range eight and the west half of nine, east of the fourth reau county, 
principal meridian, shall hereafter constitue and be part of the 
county of Bureau. 

Sec. 2. That townships twelve and thirteen north, of Boundary of 
ranges five, six, and seven east, and township fourteen north, Stark co. 
of ranges six and seven, east of the fourth principal meri- 
dian, shall consti^^ute a new coutity, tobe called Stark: Pro- Proviso, 
uirfec?, Aotoew?, That townships number t\\elve and thirteen, 
of range number five east, shall not constitute or compose any 
partof the county of Stark, except upon the condition that a Exception, 
majority of the legcl voters in said township shall consent 



230 LAWS OF ILLINOIS. 

thereto; and to enable the said voters to decide the question 

and give or withhold their consent, an election shall be held 

at the house of Henry McClanahan, on the third Monday of 

March, under the superintendence and direction of Jonathan 

Hodgson, Esq., Silas Richards, Henry McClanahan, and 

„ , Conrad Emery, who shall act as judges and clerk of said 

county. election, and whose duty it shall be to attend at the time and 

place aforesaid, and hold an election. A poll-book shall 

be opened, with columns headed in favor of and against 

being included in the said county of Stark; and the legal voters 

aforesaid shall be permitted to vote for either proposition. 

PolJ.books. rpj^^ p^jjg gj^^jj ^^ j^^^j^ ^^^^ ^^^^ ^.^g o'clock, A. M., to five 

o'clock, P. M.; and upon receiving the votes, said judges and 
cleik shall certify the result upon the poll-book, and within 
five days thereafter deliver the said book, certified as aforesaid, 
to the clerk of the county commissioners' court of Knox 
county; and said clerk shall, in the presence of two justices of 
the peace of said county, or two of the county commissioners, 
Examination open and examine the said poll-book and compare the certifi- 
of poll-books, ^^^g ^^^jj |-[-,(^ votes given, and thereupon make duplicate cer- 
tificates of the result of said election, which shall be signed by 
said clerk and justices or commissioners as aforesaid; and if it 
shall appear that a majority of said votes are in favor of being 
included in the county of Stark, the said township shall be 
included in said county; otherwise, said township shall con- 
Pavt of Knox, j-^^^^^ ^^ ^^j.^ .^j^ j constitute a part of the county of Knox. 
One of the certificates made as aforesaid shall be transmitted 
to the Secretary of Stfite, to be by him filed with the enrolled 
bill enacting the county; and one shall be entered of record 
in the county commissioners' court of Knox county; but if the 
V majority of said votes shall be against being included in said 
county, the certificates shall be transmitted and recorded as 
e Tab'rTed aforesaid, and the boundaries of the county of Stark shall be 
as fixed in the foregoing section, excluding the townships afore- 
said. If the persons herein appointed to act as judges and 
clerk of said election, or any one of them, shall fail or refuse 
to act, the voters, when assembled, shall select others to act in 
their stead, who shall execute this act as though they were 
named herein. Notice of said election shall 'hi posted up at 
three places in said township, at least five days preceding said 
election, by Heniy McClanahan. 
Com'rsto va- Sec. 3. That the county commissioners' courts of the coun- 
an rotds^'^'^ ties of Bureau, Putnam, Marshall, and Stark, are hereby au- 
thorized and empowered to vacate, locate, and relocate, all 
roads within their respective counties, and to use and exercise 
exclusive jurisdiction in the premises. 
Com'rs of ^j-c. 4. The county commissioners, when elected, of the 

commence'^ county of Marshall, are hereby authorized and empowered, 
suit against and it is hereby made their duty, to commence suit against 
thetreusnrer ^he treasurer of Putnam county and his securities, for the sum 
o utnamco. ^^ ti^^ee thousand two hundred and ninety dollars, with inter- 
est thereon at the rate of twelve per cent, per annum from the 



LAWS OF ILLINOIS. ^ 231 

time of loaning the same until paid, it being the one-third 
part of the sum appropriated by the "Act establishing and 
maintaining a general system of internal improvement," to 
the county of Putnam, apportioned and pj^id over to Sciid trea- 
surer of Putnam county by the Fund Commissioners, and, by 
the "Act establishing the county of Marshall," given to said 
county of Marshall, unless said treasurer of the county of 
Putnam shall promptly upon demand pay to the commissioners 
of the county of Marshall said sum of three thousand two 
hundred and ninety dollars, with interest as aforesaid. Pro- Proviso. 
vided, however, That nothing in this act shall be so construed 
as to release the present corrimissioners of the county of Put- 
nam from any liability which they may have incurred by ille- 
gally authorizing the funds aforesaid to be used for any other 
object except that for which they were legitimately appro- 
priated. 

Sec. 5. The commissioners of the county of Stark, when Com'rs of 
elected, shall proceed immediately to demand of the county ^^^ ^p^opor- 
treasurer of Putnam county the one-sixth part of nine thou- tion of $200,- 
sand eight hundred and seventy dollars, paid him by the Fund 000. 
Commissioners, together with tv/elve per cent, per annum in- 
terest upon the one-sixth part of the sum aforesaid; and should 
the treasurer of the county of Putnam fail promptly to pay 
over the sum aforesaid, then it is hereby made the duty of the 
county commissioners of the county of Stark, to bring suit-j,^ j^^. ^jj 
against the treasurer of Putnam county and his securities for 
the sum aforesaid, it being one thousand six hundred and for- 
ty-five dollars, together with interest as aforesaid from the 
time of loaning said money until paid — said sum being hereby 
appropriated to the county of Stark, to be applied agreeable 
to the provisions of "An act to establish and maintain a gen- 
eral system of internal improvement:" Provided, however, Yro\i8o. 
That nothing in this act shall be so construed as to release 
the present commissioners of the county of Putnam from any 
liability which they may have incurred by illegally authoriz- 
ing the fund aforesaid to be used for any other object except 
that for which they were legitimately appropriated. 

Sec. 6. The county commissioners' court of the county Road across 
of Putnam is hereby fully authorized and empowered to con-"^^i'''°"o'°- 
struct a road across the river bott'^m opposite the town of Hen- 
nepin, in the county of Bureau, and, together with the county 
commissioners' court of the county of Bureau, to exercise 
such control over said road, when constructed, as may be 
agreed on by them. 

Sec. 7. That the legal voters of the county of Stark shall Voters to 
meet at the house of Elijah Mc Clan ah an, sr., in said county, ^^"^f^^^^jj;;^^; 
on the first Monday in April next, and proceed to choose their co. officers. 
own judges and clerks, who, after being duly sworn, shall pro- 
ceed to open the polls and hold an election for the purpose of 
electing county officers. It shall be the duty of Moses Board- 
man, or, in case of his absence, any justice of the peace within 



missioners . 



232 LAWS OF ILLINOIS. 

Notice of the bounds of said county, to give at least ten days' notice of 
election. ^j^^ ^^^ ^^^ place of holding said election, and, when said 

election is over, to give certificates of election to the persons 
elected county commissioners, and make returns to the Secre- 
tary of State for county officers. 
Duty of com- Sec 8. The county commissioners of said county of Stark 
shall meet at the house of Elijah McClanahan, senior, within 
ten days after their election, and, after being qualified, shall 
proceed to lay off said county into justices' districts and road 
districts, and order elections for all justices of the peace and 
constables, to levy a tax for all county purposes for the present 
year, unless the revenue law shall be changed, and to do and 
perform all the duties required of county commissioners' 
courts by law. 
Courts, when Sec. 9. The courts of said county shall be held at such 
^ place as the county commissioners'" court may designate, until 

a suitable preparation can be made at the county seat; which 
county seat, when located, shall be called Toulon. Said county 
shall form a part of the same judicial circuit with the counties of 
Putnam and Marshall; and the circuit court shall be held for 
said county twice in each year, at such time as the judge of 
the said circuit may designate. 
Senator and Sec. 10. The qualified voters of the county of Stark, in 
Rep. district. ^^^ elections except county elections, shall vote with the Sen- 
atorial and Representative district composed of the counties 
of Peoria, Putnam, Bureau, and Marshall, until otherwise 
provided by law, but shall make election returns to the Secre- 
tary of State in the same manner that is now required by law 
from other counties in this State. 
Duty ofcoun- Sec. 11. It shall be the duty of the clerk of the county 
ty clerk. commissioners' court of Stark county to make the returns of 

election for Repesentative to the General Assembly to the 
clerk of the county of Putnam, and the returns for Senator to 
the county of Peoria, and shall proceed to compare said elec- 
tion returns as is now required by law in the Senatorial and 
Representative distncts. 
School coin'r. Sec. 12. The school commissioner of the county of Put- 
nam shall, upon the application of the school commissioners of 
the counties of Marshall and Stark, pay overall moneys, books, 
and papers, relating to schools which may be in his hands be- 
longing, or which should of right belong, to the counties of 
Marshall and Stark. 

Approved, March 2, 1839. 



In force, Mar. AN ACT authorizing the sale of certain school lands in Vermilion county. 
2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That the county school 
commissioner in and for the county of Vermilion be, and he 



LAWS OF ILLINOIS. 233 

is hereby, authorized to sell and convey, in manner and form Com'r to sell 
as now prescribed by law, upon a petition of a majority of the ^'^°^^- 
qualified voters of the several townships herein named,, being 
satisfied that a majority thereof do petition the school lands, 
viz: section number sixteen, in township number eighteen Sections, 
north, of range number twelve, west of the second principal 
meridian, and section sixteen, in township number eighteen 
aforesaid, and range number thirteen, west of said meridian; 
which said lands may be sold as above stated, although said 
townships may not have the number of inhabitants required 
by the law now in force on that subject; and, being thus sold, 
the sale shall be valid. 

Approved, March 2, 1839. 



AN ACT concerning certain school funds in Wabash county. In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly^ That the school com- 
missioner of Wabash county, be, and he is hereby, authorized School com'r. 
and required to pay over to the trustees of schools of the incor- ^° P^y °^^^ 
porated townships in said county, for common school purposes, 
the distributive share of the interest on the school, college, and 
seminary fund, paid to said county out of the State treasury 
for the years 1836 and 1837, pro rata with the census of the 
children in said townships, respectively, recently taken by 
order of the county commissioners' court of the said county, 
or hereafter to be taken, at the discretion of the court, includ- 
ing the interest which may have accrued thereon. 

Sec. 2. The share of said funds which any township, not Share retain- 
now incorporated, would be entitled to, shall be retained by ^'^• 
the said school commissioner, and kept at interest, for the ben- 
efit of said townships, until they may become so incorporated, 
respectively; when the seme shall be paid over to the trustees 
of schools thereof. 

Approved, March 2, 1839. 



AN ACT to authorize the Governor to appoint bank directors. In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted hy the People of the Stat» oj Illinois, 
represented in the General Assembly, That it shall be the duty 
of the Governor, by and with the advice and consent of the 
Senate, to appoint at every regular session of the General Duty of Go- 
Assembly, five directors for the State Bank of Illinois, and ^^^.""'[^^^^j^^P- 
nine directors of the Bank of Illinois, whose term of service directors, 
shall continue for two years, and who shall remain in office 
until their successors are appointed and qualified. 

Sec. 2. The Governor of the State shall have power to To fill vacan- 
appoint the directors contemplated by this act, when vacan- ^^^s- 



234 LAWS OF ILLINOIS. 

cies may occur by death, resignation, or removal witiiout 

the limits of this State; and persons thus appointed to fill 

such vacancies shall severally hold their offices until the 

close of the next session of the General Assembly. 

Consent of Sec. 3. Before this act shall take effect, the consent of 

bank to be the banks hereunto shall be first given by an entry on their 

given, books, made under (he direction of the board of directors-, 

which shall be certified under the seal of the corporation to 

the Secretary of State, the same to be by him filed in his 

office. 

Sec. 4. Upon the consent of the banks being given to 
the provisions of the act as herein provided, so much of the 
act, entitled "An act to increase the capital of certain banks, 
and to provide means to pay the interest on a loan author- 
ized by 'An act to establish and maintain a general system : 
of internal improvement,'" as provides for the election of 
five directors to the State Bank of Illinois, and nine direc- 
Part of act re- tors to the Bank of Illinois, by the General Assembly, is, and 
pealed. shall thereupon be, repealed. 

_ ... Sec. 5. The directors herein provided to be appointed : 

Powers of di- I .i --, i n i .i ^ i i i • ^ 

rectors. "J the Governor shall have the s;ime power and be subject 

to the same restrictions as were granted to, or imposed upon, 
the directors authorized to be elected by the General Assem- 
bly under the provisions of the act above mentioned. 

Sec. 6. That the Governor, during the present session of 
the General Assembly, shall, by and vv^ith the advice and con- 
sent of the Senate, appoint all the bank directors herein pro- 
vided to be appointed; but such directors shall not take or 
hold the office of directors of such bank, until the said cor- 
porations shall have signified their assent to the provisions 
of this act as above provided. 

Sec. 7. When the assent of either of said banks shall be 
certified to the Secretary of the State as herein provided, 
the provisions of this act shall be considered as applicable 
to the bank assenting to the same, whether the other shall 
agree to the same or not. 
'' Approved, March 2, 1839. 



In force Mar. -A-N ACT to establish the county of Hardin. 

2, 1839. 

Sec. I. Be it enacted by the People of the State of Elinois, 

represented in the General Assembly^ That all that part of the 

now county of Pope vt^hich lies north of the township line 

Bo nda f ^i^'^'^^g township twelve and thirteen, and east of the Grand 

Hardin coun- Prairie creek, shall be created into a new county, to be cal- 

ty- \ led the county of Hardin: Provided^ That a majority of the 

Provaso. legal voters of the present county of Pope shall first vote for 

Vote tor coun. ^^ r _ j iTi.. 

jy. such new county at the election to be held in said county, 

on the first Monday of August next; and to afford an oppor- 



LAWS OF ILLINOIS. 235 

jnity for such expression of opinion, it shall be the duty 
f the proper officers of the now county of Pope, in prepar-Duty ofoffi. 
ig poll-books for said August election, to rule two columns, cera. 
ne for and the other against such division, in which the 
otes shall be recorded as given for or against, as the case 
lay be; and if it shall appear, from the returns of said elec- 
on, that a majority of the qualified voters of said county of 
ope as now organized shall be in favor of the establish- 
jient of the new county of Hardin, as above defined, the fact 
iiall be so certified by the clerk of the county commis- 
ioners' court, under the seal of his office, to the Secretary of 
|tate at the seat of Government; and the said county of Har- 
in shall therefore be considered and taken to be perma- 
sntly and legally established with the aforesaid boundaries. 
Sec 2. The legal voters of the counties of Hardin and Voteforcoun- 
ope shall meet at their respective places of holding elec- JJ^^^^^^^^^" 
3ns on the third Monday of August next, and vote for a 
3int or points whereat to locate the seat of justice of each 
)unty, respectively; and the place within each county re- 
viving the highest number of votes shall be and forever re- 
ain the permanent seat of justice within each county. 
Sec. 3. The legal voters of the county of Hardin shall Election of of- 
so, at the same time and places of holding such elections, ficers of Har- 
roceed to elect all county officers, excepting only justices ^^'^^"""^y* 

the peace and constables and the two county commis- 
)ners at present residing within the Hmits of said new 
unty, who shall continue to act as commissioners of the 
!w county of Hardin in the same manner, and for the same 
be, as if no division of Pope county had taken place. The 
j^al voters of Pope county shall also at the same time pro- 
ved to elect:county commissioners, who shall continue in 
ace until their successors are elected and qualified. 
[Sec. 4. The county commissioners of the said county of 
ardin and Pope shall, within ten days after their said ekc- 
m, meet within their respective counties; those within the 
unty of Hardin, at the house of Thomas Cowsut; and those 
the county of Pope, at the town of Golconda, and lay off 
eir respective counties into justices' districts, and do and Justices' dis- 
rform such other duties as is required by law. *"^^^- 

Sec 5. It shall be the duty of the county commissioners 
the county of Pope, within twelve months from the pas- 
ge of this act, to proceed to sell, at public auction, the g^^^ ^^^^^^^ 
urt house in the town of Galconda, (the clerk giving at houte^arOol- 
ist four weeks, previous notice) the purchas er giving bond, conda. 
th approved security, for the payment of the purchase mo- 
!y to the county commissioners of Pope county within a 
riod of not more than two years; and which money when 
llected shall be paid to the persons to whom the present 
unty of Pope is indebted; and if the sum of money obtain- 
|. for said court house shall not be sufficient to pay the 
hole debt which is now due from the county to individuals. 



236 LAWS OF ILLINOIS. 

the counties of Hardin and Pope shall each pay an equal 
proportion of the sum rem:^ining due, according to the amount 
of taxable property in each county. 
Sorooo"" °^ ^^^' ^' '^^^ county of Hardin shall be entitled to its dis- 
' ■ tributive share of the funds received by the county of Pope 
according to the provisions of the internal improvement lavs 
of this State, and it is hereby made the duty of the county 
commissioners' court of the said county of Pope to pay ovei 
to the county commissioners of the county of Hardin, within 
twelve months after the passage of this act, such distributive 
share as the said new county may be entitled to receive ac- 
cording to the provisions of this section. 
Courts, where Sj,p^ 7, 'p^g places for holding the circuit and commis- 
sioners' court within each county shall be determined by the 
county commissioners respectively ; and public buildings shal! 
Hardin to be erected in each county, as soon as the respective county 
vote with courts shall deem it expedient. The county of Hardin shali 
Pope for Rep. continue to form a part of the judicial circuit with the coun-i 
ty of Pope, and shall vote with the county of Pope for ametnt 
ber of the General Assembly, until otherwise provided bjl 
law. 

Approved, March % 1839. 



In force Mar. ^^ -^^"^ *o authorize Daniel F. Hitt to build a mill-dam. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That Daniel F. Hitt, hi 
Mill-dam_ _ heirs and assigns, are hereby authorized and empowered t( 
across i"ois j^^jj^ ^^^ maintain a mill-dam across a slough of the lllinoii 
river, on the north half of section twenty-two, in townshij 
twenty-three north, of range two, east of the third principa 
meridian, in La Salle county, on the north side of the islant 
there situated in the Illinois river. 
Dam not to ^E.c. 2. Said dam shall be so constructed as not to inter 

interfere with fere with the navigation of said river; and if at any time th( 
navigation. State shall improve the navigation of the Illinois river, th( 
right acquired under this act shall not be so construed ai 
to prevent the State from making such improvement. 
Approved, March 2, 1839. 



In force, Mar. AN ACT for the relief of John Winstanly and Hugh Duffy. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That the Commissione 
of the second judicial circuit is hereby authorized and re 
quired to pay, out of the internal improvement fund appro 
priated to the Western mail route, to John Winstanly am 



LAWS OF ILLINOIS. 



237 



lugh Duffy the sum of three thousand dollars; and that the Commission- 
ceptance of the same shall be bar to any cause of action, ^i" to pay 
law or equity, which may have existed upon contracts ^^'^°"- 
umbered lour and six, which were entered into by said Win- 
anly and Dulfy, of the one part, and the people of the 
;a.e of Illinois, by their Commissioner, of the second part: 
rovided, That said payment shall be made out of the spe- Proviso, 
al appropriation made for the American bottom division of 
le said work. 

Sec. 2. The appropriation made by the foregoing section ^^^™®°'*^on- 
lall be paid upon condition that the Board of Public Works '''''''''^^' 
lall, upon an examination of the accounts, and all matters 
mnected with the same, be satisfied that the claimants are 
Uitled to the sum claimed upon the principles of equity and 
fstice; and if the said Board shall be satisried, from an ex- 
tnination as aforesaid, that said claimants are entitled 
'any pay from the State, the Board shall pay the same: 
rovided the amount paid shall not exceed the sum herein Proviso. 
>propriated. 
Approved, March 2, 1839. 



f ACT to authorize NarcissePensaneau to build a bridge over the Kas- In force. Mar. 
kaskia, at Athens, in St. Clair county. 1 1939, 

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

oresented in the General Assembly, That Narcisse Pensaneau, 

s heirs and assigns, be, and he is hereby, authorized to 

iild a toll-bridge across the Kaskaskia river, at the town of Toll-bridge 

thens, in St. Clair county. 

Si;c. 2. The said Narcisse Pensaneau, his heirs and assigns, 
all commence the building of said bridge within two year?, Timeofcum- 
id complete the same within five years, from and after the ™^i<=ement & 
Lssage of this act. Said bridge shall be built in a good and '^^^P^^'^""" 
orkmanliko manner, so as to give a safe and easy passage 

all persons and their property wishing to cross said bridge. 
Sec. 3. After said bridge shall be completed, the said Pen- 
iican, his heirs and assigns, are hereby authorized to place 
toll-gate on either end, or elsewhere, of said bridge, where Toll-gate 
ey may ask and receive, of all and every person passing said 
■idge, such toll as the county commissionerb' court ot said 
'unty shall fix from jime to time. 

Sec. 4. If the said bridge shall be out of repair for more 
an six months at any one time, said charter shall be for- 
ited: /'roz)z^er^ destruction of said bridge by high water. Proviso, 
e, or other casualty, shall not work a forfeiture of the pri- 
leges hereby granted; but the said Pensaneau, his heirs 
Id assigns shall proceed immediately to repair the same. 
Sec. .^. If any person or persons shall v^ilfully do or cause , . , 

be done any injury to said bridge, the person or persons to"Sgf "' 



LAWS OF ILLINOIS. 

I 

SO offending shall forfeit and pay to the said Pensaneau, his| 
heirs and assigns, double the amount of such injury or dam-] 
ages, to be recovered before any court having jurisdiction,', 
and be liable as in other cases to criminal prosecution. i 

Sec. 6. Said bridge is to be so constructed as not in anyj 
manner to impede the navigation of said river. t 

Sec. 7. This act to be in force from and after its passage. ! 

Approved, March 1, 1839. 



In fore? Mar. ^^ ACT to relocate part of the State road leading from Appanoose to the 
I 1839, Drowning fork of Crooked creek. 

Sec. 1. Be it enacted by the People of the State of Illinois, re- 
presented in the General Assembly, That that part of the State 
road leading from Appanoose, in Hancock county, to the! 
Drowning fork of Crooked creek, in McDonough county, 
which lies between Pilot Grove and the middle branch of 
Crooked creek, in said first mentioned county, be, and the: 

Road vacated, same is hereby, vacated; and that the road laid out in pursu- 
ance of the order of the Hancock county commissioners* 
court, at their last June term, connecting the two last men-i 
tioned points, be, and the same is hereby, declared to be a 

State road, part of said State road. 

Approved, March 1, 1839. 



In force Mar. AN ACT supplemental to the act, entitled "An act to provide for a loan 
1, 1839. for canal purposes." 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in General Assembly, That in contracting for loans 
and for the reception of money under the provisions of the 
act, entitlec* "An act to provide for a loan for canal pur- 
poses," passed during the present session of the General As- 
sembly, it shall be lawful to provide for receiving the money 
in sums over one hundred thousand dollars, if, by doing so, 
Money bor- m )ney can be obtained upon better terms; and the money 
rowed to be borrowed under the provisions of the act aforesaid, shall be 
bank? ^ ^° deposited in some safe bank or banks in the United States, 
at the best rate of interest that can be obtained for the same, 
subject to be withdrawn as it may be required for use on the 
canal. 
Canal Corn'rs Sec. 2. The Canal Commissioners shall pay all interesl 
^gjP^y ^°^^^"" hereafter accruing upon money borrowed for canal pur 
poses under the direction of the Governor, out of the canal 
fund. 

Sec 3. In executing the power conferred upon the Gover 

,p^ nor hy the act recited in the first section of this act, it shaf 

loan. be lawful to procure a temporary loan for immediate use, b) 



LAWS OF ILLINOIS. OQQ 

the hypothecation of bonds or certificates of stock, upon such 
jterms and for such period of time as may be best calculated 
jto subserve the public interest; such loan not to exceed in 
amount the sum of one million of dollars, Provided, That no Am't of loan 
higher or greater rate of interest shall be paid than six per 
cent, per annum upon the money borrowed. 
Approved, March 1, 1839. 



\N ACT to vacate the town plats of the town of Caledonia and the first In force Mar 
addition to the town of Rome, in the county of Peoria. 1 1839 

Sec. 1. Be it enacted by the People of the State of Illinois, 
oresented in the General Assembly, That the present proprie- 
or or proprietors of the town of Caledonia, and the first 
Addition to the town of Rome, in the county of Peoria be 
nd they are hereby authorized to vacate the survey 'and Platvacated 
lac of the aforesaid towns of Caledonia, and the first addi- 
on to the town of Rome: Provided the vacating of the sur- Proviso 
ey and plats of said town shall not interfere with the vested 
ights of any person or persons, who may have purchased 
)ts in said towns of the proprietors or others. 
Approved, March 1, 1839. 



N ACT authorizing -^-/, P^/J^^ty^n^^^^^^ appropriating i„ ,,,,,^Mar . 

Sec. 1. Be it enacted by the People of the State of Illinois, re- 
esented in the General Assembly, That Nathan Mus-rave, 
)hn A. Wilhams, and John Musgrave, of the couSty of 
-awford, be and they are hereby, appointed commissioners Trustees to 
id trustees to survey and lay of Water street, in the village l^j off Water 
! HudsonviUe, m said county, so as to make the same sixty- ^'^^ej 'nHud- 
i feet wide, commencing at the southeast corner of lotwml 
imber forty-eight, in block number eight, thence, running 
•rallcl with the east lots of the present town plat, to lot r, , , 
imber one, in b!ock number one, at the nortneast corner stlT'"^^ ''' 

the o d town plat; and shall plant stones firmly in the 
3und to perpetuate the corners and bounds of said Water 
'eet. 

Sec. 2. Said trustees shall cause the border and strip of 
id east ol said street to the Wabash river low-water mark 
extend the privilege into said river, to be carefully survey- , 
land laid off into lots to the best advantage, and make a la^JoV" "^ 
^t of said street and ots, certify and acknowledge the same Plat oLreet 
er the surveyor makes his certificate of such survey, divi- and lots to be 
n, &c., and cause the same to be recorded in the recorder's '•^^""^^'J- 
ce of said county of Crawford. 



240 LAWS OF ILLINOIS. 

Sec. 3. Said trustees, or a majority of them, may act, and 
shall advertise the said lots for sale, giving a reasonable no- 
tice thereof at least six weeks m some newspaper and other- 
Sell lots, wise, and shall sell the same to the hest advantage — the whole 
or a part as they may deem most advantageous — on such 
terms and conditions as may be agreed on by said trustees; 
Trustees ta and, on final payment, may meet to make deeds to the pur- 
make deeds, chasers in fee simple. 

Sec. 4. The whole of the proceeds of said lots, after de- 
ducting the expenses and reasonable compensation to them, 
to be allowed by the commissioners' court of the county, 
Annnalreport(and thcy shall report annually all their proceedings to said 
of trustees, court,) shall be by them expended in building of wharves, 
securing the bank on the river, in front of said village, and 
other necessary improvements on the said bank, for the use 
and accommodation of the citizens, and the public in general. 
Com'rstogive Sec. 5. Said commissioners shall give bond to the accept- 
bond. ance of the commissioners' court aforesaid, in such sum as 

may be required, to discharge their duties faithfully under 
this act, for the use and bencht of the citizens ot said village. 
Sec 6. iMo division or sale shall be made of said strip of 
Assent of land, unless the owners of lots on said front Water street 
owners of lots gi^^ll specially assent thereto, in view of the provisions of 
this act, in writing; which shall be signed and recorded in 
the recorder's office of said county. 

Sec. 7. The deeds made strictly in accordance with the 

^ , , provisions of this act shall be good and valid in law and 
Deed made '^ . , ^-.i ^ ^i u 

valid. equity — a sure title to the purchaser. 

Approved, March 2, 1839. 



In force, Mar. AN ACT to locate a State road from Bloomington to Lexington, in 
2, 1839. McLean county. 

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

represented in the General Assembly^ That Jacob Spawr, Elberl 

Dickerson, and Jesse W. Fell, of Mcl^ean county, be, and 

Com'rs to lo- *^^y ^''^ hereby, appointed commissioners to view, mark, 

Gate road. survey, and locate a State road from Bloomington to a pomi 

on the Money creek timber, at or near Elbert Dickerson's. 

and from thence to Lexington, in said counl;y. Said commis 

sioners, or a majority of them, shall meet at the town o 

Place &, time Bloomington, on the first Monday in April next, or withir 

of meeting, ninety days thereafter, and, after being duly sworn by somt 

justice of the peace faithfully to discharge the duties require( 

of them by this act, shall proceed to view, mark, survey, an(j 

locate said road, taking into consideration the public convCj 

nience and the permanancy of the road, doing as little injur; 

to private property as prac'icable. 

Sec 2. Said commissioners shall make a report, in writing 
to the county commissioners' court for McLean county, a 



LAWS OF ILLINOIS. 241 

the next term thereof after said location is made; which said 
report shall form a part of the records of said court; and Report to be 
said road thus laid out shall be a public highway of tiiis '■<^^«''^^^'" 
State; and the county commissioners' court of said county 
shall cause the same to be opened four rods wide, and kept in Width of 
repair as other roads are required bylaw: Provided^ Tha.t^^'^ • 
said road shall not be opened, if any person through whose 
land the samo may pass shall be injured thereby, unless the pj^^j^g^g^l^^^ 
damages be first paid; nor shall the county of McLean be paid. 
bound for the payment of any damages which may be as- 
sessed on said road. 

Approved, March 2, 1839. 



AN ACT to add ranere one to the counties of Marshall and Putnam. la force, Mar.. 

2, 1839, 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Jissembly, That the qualified voters 
of townships twenty-nine, thirty, thirty-one, thirty-two, and 
that part of thirty-three lying south of the Big Vermilion Voters of 
river, and in range one, east of the third principal meridian, J^^^^^^i'^ '" 
shall meet, at the places of holding elections for justices of ™^® " 
the peace and constables in said range, on the first Saturday Time of meet- 
in iVpril next, and, if necessary, choose their own judges and^"S- 
clerks, and proceed to take the vote of said qualified voters 
for and against being detached from the county of La Salle; Vote for or 
and should there be a majority of all the votrs given at said j|^"^f,gj^^"S 
election in favor of being thus detached from the county of 
La Salle, then townships twenty-nine and thirty shall belong 
to, and form a part of the county of Marshall-, and the remain- County of 
der of said range south of the Big Vermilion river shall bc-^'^''®'^*'^"" , 
long to, and form a part of, the county of Putnam; and the 
returns of said election shall be mside to the Secretary of Returns to 
State by the judges and clerks of said election. Sec'y of State. 

Sec. 2. That the county of Putnam shall hold an e'ection, Election in 
on the second Saturday in April next, for two county commis- Putnam co. 
sioners, at the places of holding elections in said county. 
The sheriff of said county shall give notice thereof, by ad- Notice of 
vertisemcnt, at six of the most public places in said county, 
at least fifteen days previous to said election; which election 
shall be conducted, and returns thereof made, as are now pre- 
scribed by l^vv. The commissioners elected under the pro- Commission- 
visions of this act shall hold their offices until the next elec-^'"^ elected, 
lection shall be held for count} commissioners, and until their 
successors are qualified. 

Approved, March 2, 1839. 

16 



242 LAWS OF ILLINOIS. 

In force Mar. AN ACT authorizing a survey therein named. 

3^ 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represenied in the General Assembly, That the Board of Public 
Works shall, so soon as convenience will permit, detail a 
competent engineer to survey a route commencing at or near 
the point where the present location of the Central railroad 
Route to be crosses Drary's creek, in Jackson county ; thence, vi.t 
surveyed. Frankfort, in Franklin county, Mount Vernon, in Jefferson 
county, and Salem, in Marion county, to a point on the pre- 
sent location of the aforesaid railroad at or near Vandalia, 
Said Board shall also detail a competent engineer to survey 
another route between the same starting and terminating 
points, to pass at or near the Coal-banks, on Muddy; thence 
through Pinckneyville, in Perry county, Nashville, in Wash- 
ington county, and Carlyle, in Clinton county. 
Fullreportsto '^^*^* ^* ^^^^ engineers shall make full and complete reports 
be made. of the surveys of said routes, respectively, to the Board of 
Public Works, who, upon a full examination and comparison 
of the relative merits of the two said routes, and the present 
location, with a view to the interest of the State, shall deter- 
mine which of the three shall be the permanent location of 
the said Central railroad. 
Provisions of Sec. 3. The provisions of this act shall be carried into 
effected gffp^.^ ^s speedily as possible; but, while the same are in pro- 
gress, the work on the said Centr?il railroad shall proceed as 
though this act had never passed. 
Approved, March 2, 1839. 



act 
speedily 



In force Mar, AN ACT to define the bounds of Boone county. 

2,1839. ' ' 

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

represented in the General Assembly, That the boundary lines 

of Boone county shall be as follows, to wit: Beginning at the 

Bounds of northeast corner of Winnebago county, and running thence, 

Boone county, east, on the Slate line, to the northeast corner of township 
forty-six, north of range five, east of the third principal me- 
ridian; thence, south, on the range line, to the line dividing 
townships forty-two and forty-three north; thence, west, on 
said line, to the southeast corner of Winnebago county; 
thence, north, with the line of Winnebago county, to the 
place of beginning: Provided, hozoever, That if a majority of 

Proviso. the legal voters residing within the limits of townships forty- 

three, forty-four, forty-five, and forty-six north, range five, 
east of the third principal meridian, shall, on the first Mon- 

Election. day in August next, vote against the above named .townships 
forming a part of the county of Boone, then the line dividing 
ranges four and five east shall continue to form the eastern 
boundary of Boone county. 
Approved, March 2, 1839, 



LAWS OF ILLINOIS. 343 

AN ACT to locate a State road in McLean and Tazewell counties. j^ force Mar 

2, 1839. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Meredith Myers 
and John P. Beatty, of McLean county, and Richard N. Com'rs to 
Cullum, of Tazewell county, are hereby appointed commis- locate road, 
sioners to locate a State road, as follows, to wit: Commencing Course of 
at Tremont, in Tazewell county; thence to Versailles, in Mc-^oad. 
Lean county; thence to intersect the Bloomington and Qttawa 
road at or near Josephine, in the said county of McLean. 

Sec. 2. Said commissioners, or a majority of them, shall Time &, place 
meet at the town of Tremont, on the first Monday in April °^ "'^®'^"?- 
next, or within ninety days thereafter, and, after having been 
duly sworn before some justice of the peace faithfully to per- 
form the duties required of them by this act, shall proceed to 
view, mark, survey, and locate said road ; and, having so lo- 
cated the same, shall, within sixty days thereafter, make report Report of 
to the county commissioners' court of each of said counties ; com'rs. 
which report shall be entered at length upon the records of 
said courts: Provided, That no costs or damages shall be paid 
by said counties on account of the location of said road. 

Sec. 3. Said road shall be four poles wide, and shall be Width of road 
opened and kept in repair as other roads are. 

Approved, March 2, 1839. 



AN ACT for the relief of Henry county. In force, Mar 

2, 1839. 

Sf.c. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Fund Commis- 
sioners be, and they are hereby, required to pay to the county 
commissioners' court of Henry county the sum of two hundred 
and fifty dollars, being a part of the balance due the county of 
Knox from the appropriation made to certain counties by the 
law to establish and ma-ntaina general system of internal im- 
provement. This act to take effect from and after its passage. 

Approved, March 2, 1839. 



AN ACT to relocate the seat of justice of the county of De Kalb. In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That, on the second 
Monday in May next, an election shall be held in the county 
of De Kalb at the usual places of holding elections therein, 
to be conducted in all respects, as near as practicable, as other „ 
elections; at which time the legal voters of said county shall or°agakis°' re- 
vote for or against a removal of the seat of justice of said moval. 
county of De Kalb ; and if it shall appear, from the returns 
of said election, that a majority of all the votes shall be in 



244 LAWS OF ILLINOIS. 

favor of its remaining where it is at present located, then no 
further proceeding shall be had, but the county seat shall re- 
main where it is. 

If 2d election Sec. 2. If it shall appear tha;t two-thuds of the votes 
necessary, gj^^j^ ^j- ^^^^ election shall be in favor of removing said seat 
. of justice from Orange, its present location, then, and in that 
case, a second election shall be holden, as aforesaid, on the 
first Monday in June next; at which time the legal voters of 
said county shall vote to establish the said seat of justice either 
at Brush Point or Cottonville, the points named in the peti- 
tions; and the place getting the highest number of votes given 
at said second election shall forever remain the permanent seat 
of justice of said county. 

Donations. Sec. 3. At least twenty days' previous to either of said 

elections, donations may be offered, to wit: The friends of 
Orange shall file, with the treasurer of said county,, a good ' 

Bond. and sufficient bond to the acceptance of the office c, binding 

themselves to donate to said county the sum of three thousand 
dollars for the erection of a court house, to be erected on the 
land now owned by the county; and, in case of a second elec- 
tion, the proprietors of Cottonville and Brush Point shall,, 
respectively, file bonds with the treasurer of said county, 
binding themselves to make the county a deed, with cove- 
nants of a general tenure, for one hundred and sixty acres 
of land for the erection of a court house, or shall file a bond 
with the treasurer aforesaid to erect a good and durable court 
house, and finish the same in size and general structure of the 
present court house in Kane county; either of which a= shall 
best suit the proprietors of said places. 

Sec. 4. It shall be the duty of the county commissioners' 
court to cause special entries to be made of record of the ^e•^ 
suit of said elections, and file and preserve said returns or 
poll-books for inspection; and in case of removal, it shall be 
the duty of said county commissioners to dispose of the real 
estate at present belonging to said county, and apply the same 
to the erection of county buildings. 

In case of re- Sec. 5. In case the seat of justice shall be removed, all 

moval. tjjg pubhc oflices of the county shall be removed to the place 

selected, as soon as buildings are provided for the same; and 
the courts thereafter shall also, as soon as county buildings are 
erected, be holden there. 

Conrts, where Sec. 6. That the courts of said county shall be holden as 
® ■ heretofore at Cottonville until county buildings are erected, 

any act to the contrary notwithstanding. 
Approved, March 2, 1839. 



LAWS OF ILLINOIS, ' 345 

AN ACT to protect the Cumberland road, and prevent trespasses. In force, Mar 

2, 1839. 

Sec. 1. Be it enacted bi/ the People of the State of Illinois, 
represented in the General Assembly, That if any person or per- 
sons shall be guilty of removing any materials ior the construe- Persons trea- 
tion of the Cumberland road in this State, now made and passing, how 
hereafter to be"made_9,nd constructed, or deface, injure, or de- ^"°^^ 
stroy any of the works, or steal or destroy any tool or instru- 
ment belonging to the United States for the use of said road, 
he or they shall be guilty of a high crime or misde- 
meanor, and shall be punished severely under the laws now 
existing and in force for the punishment of similar offences on 
individual and State property. 

Sec. 2. That if any person or persons shall store any 
combustible or other matter in any of the culverts or bridges, 
or obstruct them in any manner whatever, or encamp or build 
fires within or near them, or obstruct any of the culverts, 
ditches, or drains, remove or deface any mile-stones, or stop 
with teams to feed on the road, shall be guilty of trespass, and 
shall be held accountable under the existing laws; and suits 
may be brought against said trespassers by any agent of the 
Government, or any other person who may take upon him- 
self to attend to the same, for all such offences. 

Sec. 3. In cases arising under this act, the individual may Persons trea- 
be taken by capias or warrant founded on affidavit, and held Passing, how 
to bail or committed to jail. 

Sec. 4. Sui^s shall be, brought before any court having 
competent jurisdiction to try and hear such cases; and the 
right to appeal to the circuit court is reserved as in similai- 
cases now provided by law. 

Approved, March 2, 1839. 



AN ACT to amend an act, entitled "An act in relation to garnishees," In force, Mar , 
approved February 12, 1839. 2, 1839 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the "Act in relation 
to garnishees," approved February 12, 1839, be, and the 
same is hereby, suspended; and shall not take effect until the 
first day of January, 1840. 

Approved, March 2, 1839. 



AN ACT to repeal an act, entitled "An act to incorporate the town of In force. Mar, 
Upper Alton." 2,1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the act, entitled 
"An act to incorporate the town of Upper Alton," approved 



346 LAWS OF ILLINOIS. j 

Act repealed. February 18th, 1837, be, and the same is hereby, repealed: 
Proviso. Provided, That the board of trustees of the said town of 

Upper Alton, now in office, shall have power and authority to 
collect, sue for, and recover, from any collector or treasurer 
of said town, or who may have acted as such, or other persons, 
any moneys in their ^ hands, collected by them for taxes or 
otherwise, belonging to said town; and the said board of trus- 
tees shall appropriate the same to the payment of any debts 
that may have been contracted by authority of the said board 
of trustees; and should there be any overplus, after discharg- 
ing all the debts as aforesaid, the same shall be expended, 
under the direction of the said board of trustees, in improving 
the streets in the said town of Upper Alton. 
Approved, March 2, 1839. 



In force, Mar. AN ACT concerning the town of Naples. 

3, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Branch rail- 
road and appendages thereof, authorized by the Board of 
Public Works, from the Northern Cross railroad to the town 
•^band*^ ^T^ of Naples, be, and the same is hereby, abandoned; and the 
Duty of Board Board of Public Works elected at the present session of the 
of Public General Assembly be, and they are hereby, required to adopt 
Works. gy^]^ measures as will secure from waste and injury all public 

property and materials appertaining to said branch and appen- 
dages, and make such disposition of said materials and pro- 
perty as they may deem the interests of the State require, and . 
Compromise to effect such a compromise with the contractors thereof as 
^^g*'°"''"^'^'" they may deem justice demands, and will be most conducive 

to the interests of the State. 
Act repealed. Sec. 2. That the act, entitled "An act to construct a rail- 
road from Naples to Jacksonville," approved February 18, 
1837, be, and the same is hereby, repealed. 
Approved, March 2, 1839. 



In force, Mar. AN ACT to provide for the relocation of a State road therein named. 
2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Hugh L. White, 
John R. Crandell, and Moses Young, be, and they are here- 
by, appointed commissioners to review and relocate so much 
of the State road leading from Wesley City, in Tazewell 
county, to Pekin, and from thence to Springfield, in Sanga- 
mon county, as lies between the north line of the town of 
Pekin and Crane creek. 



Com'rs to lo' 
cateroad. 



LAWS OF ILLINOIS. 247 

Sec. 2. The said commissioners, or a majority of them, Time & pkce 
shall meet at the town of Pekin, on or before the first Monday of meeting. 
in August next, or within sixty days thereafter; and, after be- 
ing duly sworn, by some justice of the peace of said county 
of Tazewell, well and truly to perform the duties required of 
them by this actaccording to the best of their skill and abilities, 
they shall proceed to review, survey, and locate said road 
agreeably to the first section of this act, locating said road on 
the nearest and most practicable route. 

Sec. 3. All that part of the aforesaid road between the Road vaca- 
north line of the town of Pekin and Crane creek, where the t^'^- 
road hereby authorized shall not run thereon, or shall vary 
from the present road, the same shall be annulled and vacated. 

Sec. 4. The said commissioners shall make out a state- 
ment of the length of time necessarily employed by them. Statement of 
and also their necessary hands, in locating said road, and re-t^P^^ employ- 
turn the same to the county commissioners' court of Tazewell ^ 
county; and said court is hereby authorized and required to 
make said commissioners and their necessary hands a reasona- Compensa- 
ble compensation per day, out of the county treasury, for their ^^°°" 
services rendered under this act. 

Sec. 5. Whenever the said road shall be laid out and Survey & plat 
located as aforesaid, a survey and plat of said road shall be *° ^^ ^^^'^' 
filed in the office of the clerk of the county commissioners' 
court, whose duty it shall be to cause the same to be recorded 
in the records of said court. Said road shall be opened four . 
poles wide, and kept in repair as other State roads are. 



AN ACT to establish a State road therein named. In force, Mar. 

9,1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That Zalman Carter and 
James Gilham, of the county of Scott, and Joshua Hanks, 
of the county of Greene, be, and they are hereby, declared Com'rs to lo- 
commissioners to view, mark, and locate a State road begin- <^^^® ^°*^' 
tiing at the town of Winchester, in Scott county; thence, on 
the most eligible and direct route, to the town of Wilming- 
ton, in Greene county. 

Sec. 2. Said commissioners, or a majority of them, shall Time and 
meet at the town of Winche'ster, on the first Monday in April P'*^^^ °J 
next, or as soon thereafter as practicable, and, after being "' 

duly sworn, shall proceed to perform the duties required of 
them by this act, avoiding, as much as the public good will 
permit, the injury of private property. 

Sec. 3. Said commissioners shall, within twenty days Uepo,.t ^^ },g 
after having located said road, make a report, in writing, to recorded., 
the county commissioners' courts of Greene and Scott coun- 
ties. Said report shall form a part of the records of said 



248 LAWS OF ILLINOIS- 

courts; and said road, thus laid out, shall be considered a 
V public highway of this State; and the county commissioners* 
courts of Greene and JScott counties shall cause the same 
to be opened' and kept in repair as other State roads are 
required to be by law. 
Sec. 4. The county commissioners' courts of the coun 
Pnyofc->m'is. tigg of Qi-cgne and Scott shall allow said commissioners a 
reasonable compensation, to be paid out of the county trea- 
suries of the counties through which said road may pass. 
Sec. 5. The road leading from Wilmington via Joshua 
^'mtcToad. Hanks and Henry Roblcys, and that intersects the road 
leading from Whitehalll to Carrollton near Al'an's mill, is 
hereby declared to be a State road; and the county commis- 
sioners of Greene county are required to keep said road open 
and in repair as other State roads of this State. 
Approved, March 2, 1839. 



■lu force Mar ^^ ^^'T to locate a State road from Nashville to Belleville. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembli/, That William B. Davis 
and Edward. G. McClure, of St. Clair county, and Joseph 
Kenyon, jr., of Washington county, be, and they are hereby, 
Cora'ts to lo- appointed commissioners to view, mark, and locate a State 
cate road. j-oad from Nashville, in Washington county, by the town of 
Jefferson, on the Kaskiiskia river, in St. Clair county; thence 
to^intersect the I'oad leading from Belleville to Athens at the 
south end of Presley Walker's lane; to be located on the 
nearest and best ground. 
Time and Sec. 2 The commissioners, or a majority of them, shall 

place of meet at the said town of Jefferson, on the first Monday of 
'"ee ing. April! next, or as soon thereafter as practicable, and, after 
being duly sworn, shall proceed to perform the duties required 
of them by this act, avoiding, as much as possible, the injury 
of private property. 
"Report to be ^'EC. 3. The said commissioners shall, as soon as conve- 
pvcBerved. nient, cause to be filed, with the clerk o/ the county commis- 
sioners' court of each county, a report of the location of said 
road, naming the distance, as near as may be, of said road 
in each county; which report shall be preserved, and form a 
part of the records of said courts. Said road, when located, 
«hall be opened and kept in repair as other State roads are. 
Compensa- Sec. 4. The county commissioners' court of each county 

shall allow the commissioners such compensation as they may 
deem reasonable and just, to be paid according to the dis- 
tance of said road in each county. 
Approved, March 2, 1839. 



tion. 



LAWS OF ILLINOIS. 249 

AN ACT to locate and establish a State road in the counties of Kane In force, Mar. 
and De Kalb. 2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Isaac Wilson, Anson 
Root, Lemuel Morse, Alfred Churchill, Elder Ambrose, and Com'rs to 
Henry A. Miller, of Kane county, be, and they are hereby, locate road, 
appointed commissioners to view, mark, locate, and establish 
a State road from Fox river, in Kane county, westwardly, by 
a road running from Aurora, in said county, to Dixon's ferry, 
in Ogle county. 

Sec. 2. Said commissioners, or a majority of them, shall Time and 
meet at the house of Isaac Wilson, in said county, on the first jjegj^gf 
Monday in May next, or within six months thereafter, and, 
after being duly sworn by some justice of the peace faithfully 
to perform the duties required [of] them by this act, shall pfo- 
ceed to locate, mark, and establish said road, commencing on 
the west bank of Fox river, at or near a house built by Har- 
vey Bristol and now occupid by Horace Town, in said county; 
thence running westwardly until said road so to be laid out 
shall strike thesaid road leading from Dixon's ferry, taking 
into consideration the best route and the most advantageous 
ground for a permanent [road.] 

Sec. 3. Said commissioners shall, within six months after Report of pro- 
the location of said road, make a report of their proceedings ceedmgs. 
to the county commissioners' court of the respective counties 
through which said road may pass. The said road, thus laid 
out and established, shall be a public highway of this State; 
and the county commissioners' court of said counties shall 
cause the same to be opened and kept in repair as other roads 
are. Said commissioners and the surveyor employed by them Com'rs and 
to survey said road shall receive for their services a reasonable surveyor's 
compensation, out of the funds of the said counties through ^£0™^*^"^^' 
which the said road may pass, to be allowed by the county 
commissioners' courts of said counties. 

Approved, March 2, 1839. 



AN ACT to establish a State road from Salem to Pincknejville. In force, Mar, 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Samuel W. Ander- 
son, of Washington county, Isaac B. Walker, of Perry 
county, and Alfred Ray, of Marion county, be, and they are Com'rs to 
hereby, appointed commissioners to view, survey, and locate a'^^'^^t® ^°^^- 
State road beginning at Salem, in Marion county, running 
thence, on the nearest and best ground, to Pinckneyville, in 
Perry county, so as to intersect the road leading from Pinck- 
neyville to Chester. 

Sec. 2. Said commissioners, or a majority of them, shall Time «& place 
meet at Pinckneyville aforesaid, on the first Monday in August of meeting. 



250 



LAWS OF ILLINOIS. 



Report to co 
com'rs. 



next, or within six months thereafter, and, after being first 
duly sworn by some justice of the peace faithfully to discharge 
the duties required by this act, shall proceed to view, survey, 
and locate said road according to the provisions of the pre- 
ceding section, making the best location for a permanent 
road. 

Sec. 3. Said commissioners shall make a report to the 
county commissioners' courts of the several counties through, 
which said road shall pass, of the part lying and being in each 
county; which shall be recorded, filed, and preserved. 
Pay of com'rs. Sec. 4. Said commissioners shall be allowed a reasonable 
compensation, to be paid out of the treasuries of the several 
counties, in proportion to the distance said road may run in 
each county, and the time engaged in the discharge of their 
duties. 

Approved, March 2, 1839. 



In force. Mar. AN ACT fixing the timd of hol-Hng the Supreme Court and the Circuit 
2, 1839. Courts in the first, sixth, seventh, eigth, and ninth circuits. 

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

represented in the General Assembly, That the circuit courts of 
First circuit, the several counties in the circuits hereinafter named shall 

be holden, at the county seat of said counties, at the times 

following: 

In the counties composing the first judicial circuit: 

In the county of Morgan, on the third Mondays in March, 

last Mondays in June, and first Mondays in November; in 



Morgan. 

Pike. 
Calhoun. 

Greene. 

Macoupin. 

Cass. 

Scott. 



Si^ftli circuit, 
Rock Island. 
Whiteside. ' 
Carroll. 

Stephenson. 
Winnebago. 

Boone. 

Jo Daviess. 



the county of Pike, on the first Mondays in April and Sep- 
tember; in the county of Calhoun, on the Thursdays before 
the third Mondays in April and September; in the county of' 
Greene, on the third Mondays in April, second Mondays in 
August, and third Mondays in October; in the county of 
Macoupin, on the first Mondays in May and third Mondays 
in September; in the county of Cass, on the third Mondays 
in May and first Mondays in October; in the county of Scott, 
on the fourth Mondays in Mtiy and second Mondays in 
October. 

Sec. 2. In the counties composing the sixth circuit: 
In the county of Rock Island, on the first Mondays in April 
and September; in the county of Whiteside, on the second 
Mondays in April and September; in the county of Carroll, 
on the Thursdays after the second i\J ondays in April and Sep- 
tember; in the county of Stephenson, on the third Mondays 
in April and September; in the county of Winnebago, on the 
Thursdays after the third Mondays in April and September; 
in the county of Boone, on the Thursdays after the fourth 
Mondays in April and September; in the county of Jo Da- 
viess, on the first Mondays in May and October and third 
Mondays in July. 



LAWS OF ILLINOIS. 251 

Sec. 3. In the counties composing the seventh circuit: Seventh cirCt. 

In the county of Iroquois, on the first Mondays in March Iroquois. 
and September; in the county of Will, on the second Mon- WilL 
days in March and September; in the county of Du Page, on ^^ ^^^ge. 
the second Mondays after the second Mondays in March and 
September; in the county of McHcnry, on the fourth Mon-McHenry. 
days after the first Mondays in March and September; in the 
county of Cook, on the sixth Mondays after the first Mondays Cook, 
in March and on the first Mondays in August and November, j^^^^^^^^j. 
If any new county or counties may be or shall have been ^^^"'^^6°"°" 
formed out of the counties of Cook and McHenry, in the formed of 
seventh judicial circuit, by any law of the present General McHenry^and 
Assembly, and a circuit court is or shall be required to be Jappoint^^ 
holden in any such new county or counties, the Judge of the time of court, 
said seventh judicial circuit is hereby authorized to appoint 
a time for holding the courts within such county qr counties. 
; Sec. 4. In the counties composing the eighth circuit: Eighth circ't. 

In the county of Sangamon, on the first Mondays in March, Saagamon. 
second Mondays in July, and third Mondays in November; 
in the county of Tazewell, on the first Mondays in May and TazewelL 
fourth Mondays in September; in the county of McLean, on McLean, 
fche second Mondays in May and first Mondays in October;' 
in the the county of Livingston, on the fourth Mondays in Livingston. 
[May and third Mondays in October; in the county of Macon, Macon. 
bn the first Mondays in June and fourth Mondays in October; 
in the county of DcUie, on the second Mondays in June and Dane. 
first Mondays in November; in the county of Logan, on the Logan. 
Thursdays after the second Mondays in June and first Mon- 
days in November; in the county of Menard, on the third Menard. 
Mondays in June and second Mondays in November. 

Sec. 5. In the counties composing the ninth circuit: Ninth circuit. 

In the county of Bureau, on the Tuesdays after the fourth Bureau. 
Mondays in March and September; in the county of Henry, Henry. 
on the first Mondays in April and October; in the county of 
Stark, on the first Thursdays after the first Mondays in April Stark. 
ind October; in the county of Peoria, on the second Mondays Peoria, 
in April and October; in the county of Marshall, on the fourth MarshalL 
Mondays in April and October; in the county of Putnam, on Putnam, 
the first Fridays after the fourth Mondays in April and Octo- 
ber; in the county of La Salle on the second Mondays in May La Salle. 
and November; in the county of Kane, on the fourth Mondays Kane, 
in May and first Mondays in September; in the county of De De Kalb. 
Kalb, on the next Thursdays after the first Mondays in June ^ ^^ 
and second Mondays in September; in the county of Ogle, ^ ®' 
on the second Mondays in June and third Mondays in Sep- 
tember. No grand jury 

Sec. 6. No grand jury shall be summoned to attend the shall be sum- 
circuit courts of Morgan county at the terms of said court to moned for 
be holden in June; nor shall any grand jury be summoned ^(> f^^nl^^-Inga- 
attend the circuit courts of Sangamon and Jo Daviess coun- n,on or Jo 
ties at the terms of said courts to be holden in July; nor shall Daviess. 



252 LAWS OF ILLINOIS. 

any criminal cases be docketed for trial at the said terms of ! 

Proviso. said courts; Provided^ however^ That if any person shall be i 

confined in the jail of either of said counties, upon any ! 
criminal charge, at the time the said courts may be held in '' 
June and July as aforesaid, the said courts shall have the ' 
power to try any such person, if an indictment shall have i 
been found, or, if no indictment shall have been found, to ; 
cause a grand jury to be empannelled to inquire into the cases i 
of all such persons, and to hear and determine all cases of | 
such persons. The provisions of the foregoing section shall \ 
apply to the term of the court to be holdcn in Greene county ! 
in August. 1 

All process to ^^^' '^' ^^^ ^^its, subpoenas, and other process which may I 

be re'urned. be issued, and made returnable to the terms of courts as here- I 
tofore required to be holden, shall be deemed and taken to ' 
be returnaj^le to the said courts as required to be holden I 
under the provisions of this act; and all proceedings pending:! 
in any of the courts shall be taken up and disposed of accord- 1 ' 
ing to law, as if no alteration had been made in the time of i 
holding said courts. 

Summer terms ^^^- ^' ^^^ summer terms of the Supreme Court shall! 

of Supreme hereafter commence on the second Monday in July, instead (1 

Court. of the first Monday in June. 

Approved, March 2, 1829. [1839.] 



'° 2 TSg^^'"' ^^ ^^'^ ^^^ ^^^ hmefii of Jefferson county. 



2, 1839. 
Preamble 



Whereas it is enacted by the fifteenth clause of the eigh- 1 
teenth section of "An act to estabhsh and maintain a gen- ' 
eral system of internal improvement," approved Februa- : 
ry 27, 1837, that there shall be appropriated the sum of I 
two hundred thousand dollars, of the first moneys that shall j 
be obtained under the provisions of this act, to be drawn \ 
by the several counties, in a rateable proportion to the \ 
census last made, through which no railroad or canal is \ 
provided to be made at the expense of the State of Illi- 
nois; which said money shall be expended in the improve- l| 
ments of roads, constructing bridges and other public 1 
works: and whereas the county of Jefferson is one of \ 
those counties through which no railroad or canal passes, ex- 
cept that the Central railroad, as last surveyed, (and which \ 
route, [it] is understood, is the one that will be selected,) 1 
strikes the northern line of said county of Jefferson about !• 
one hundred yards from the northwest corner of said coun- \ 
ty, and running in said county about four hundred yards, | 
and then leaving said county on the west side — proof of 
which can be had by reference to the map of the survey 
of the engineer on the Central railroad— thereby leaving 
Mount Vernon, the seat of justice of said county, about 
sixteen miles: Therefore, 

I 



LAWS OF ILLINOIS. 253 

Sec. 1 . Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That the provisions of 
the fifteenth clause of the eighteenth section of the act afore- Clause of sec- 
said shall be, and the same is hereby, construed to apply to pJ]"j,ble^t^o''^' 
the county of Jefferson the same as if no railroad or canal Jefferson co. 
touched said county. 

Sec. 2. The Fund Commissioners are hereby authorized Duty of Fund 
and required to issue their warrants on the Bank of Illinois, ^^.g"'™^^^^"" 
or any other place wherein said money may be deposited, for 
whatever amount the said county of Jefferson may be entitled 
to, upon the order of the county commissioners of said coun- 
ty, and their receipt, or the receipt of any person whom 
they may authorize to receive said money, shall be good and 
effectual as against the said county of Jefferson. 

Sec. 3. If any act shall be passed at the present session 
of the General Assembly authorizing the survey or location 
of the Central railroad through Mount Vernon or its vicinity, 
this act shall be void: Provided, That the share of said funds Pro\-iso. 
to which the county of Jefferson would be entitled shall be 
reserved by the Fund Commissioners until the final decision 
of the Board of Public Works as to the relocation of said 
sroad through said county. 

I Sec. 4. This act shall take effect and be in force from 
land after its passage. 
[ Approved, March 2, 1839. 



AN ACT to establish a State road in Alexander county. I" force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Thomas Forker, 
Enoch Smith, and Samuel Cook be, and they are hereby, ap- 
pointed commissioners to vievr, nic'irk, and locate a road to Com'rs to lo- 

ommence at or near the late residence of 'Pitman Haws; 

hence, via the town of Caledonia and Aovm the Ohio river, 
;o Trinity. 
Sec. 2. The said commissioners, or a majority of them. Time and 

hall meet at Trinity, on the first Monday in June next, or T^'^^^*^^"*®®* 
-vithin three months thereafter, and, after being sworn be- 
bre some justice of the peace faithfully to discharge the du- 
;ies conjoined upon them by this act, shall proceed to view, 
nark, and locate the said road upon the best and most direct 
•oute between the points named in the first section of this 
ict. 

Sec. 3. Upon such location being made, the said com- Report, 
nissioners, or any two of 'them, shall make a report of the 
lame to the county commissioners' court of Alexander coun- 

y, and the said court shall cause the said road to be opened 
ind kept in repair; and the said road is hereby declared to 
|)e a State road. 



254 LAWS OF ILLINOIS. 

Pay of com'rs. Cec. 4. The commissioners hereby appointed shall be 
paid, out of the county treasury of Alexander county, a fair 
compensation for the "time they may be necessarily employed 
in locating said road, to be allowed by the county commis- 
sioners. This act to take effect and be in force from and after 
its passage. 

Approved, March 2, 1839. 



In force Mar. AN ACT to locate a State road fromihe dividing line between the coun- 
2 I839/ ' ties of Vermilion and Iroquois, at the point where the Butterfield trace 
' crosses said line. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That James Smith, Alan- 
Com'rs to son Hawkins, and John Johnson, all of the county of Iro- 
locateroad. quois, be, and they are hereby, appointed commissioners to 
view, survey, mark, and locate a State road commencing at 
and running from the dividing line between the counties of 
Vermilion gtnd Iroquois, at the point where the Butterfield 
Course of trace crosses said line, to Ash Grove, on the West fork of Su- 
road. gar creek ; thence to J efferson point, on Spring creek; thence 

to Plato; thence, down the Iroquois river, to the Kankakee 
river; from thence, in the most suitable and eligible direc- 
tion, until it intersects a State road running from the mouth 
of the Iroquois river to Juliet, in Will county. 
Place and Sec. 2. The said commissioners, or a majority of them, 

time of meet-gj^jju ^^^^ ^^ ^}^g j^o^ge ^f j^gyj Thompson, Esq., in Iroquois 
^°^' county, on or before the second Monday in August next, or 

within one month thereafter, who, after being duly sworn 
before some justice of the peace in said county faithfully to 
observe the provisions of tnis act, shall proceed to view and 
locate said road; and the said commissioners, on or before 
the first day of October next, shall make, or cause to be 
Map deposit- made, a true survey and map of said road, signed by them, 
ed with coun-gj^j deposited with the county commissioners in the several 
tycom'rs. counties through which said road shall pass; which road, 
when laid out as aforesaid, shall be deemed and considered 
a public State road; and the county commissioners' courts 
of the counties through which said road is so located and laid 
out shall appoint supervisors, who shall cause the same to be 
opened and worked and kept in repair as other public works 
[roads] are. 

Sec. 3. The commissioners appointed in the first section 
of this act shall receive for their services a just compensa- 
tion, not exceeding two dollars per day, out of the funds of 
each county, respectively, through which the said road shall 
thus be located: Provided the county of Will shall not be 
compelled to pay any part of the expense of said road, with- 
out the county commissioners of Will county shall consent to 
pay the same. 

Approved, March 2, 1839. 



LAWS OF ILLINOIS. 255 

AN ACT .to establish a State road from Jameson's ferry, in Pope county, in force Mar 
to Cape Girardeau. 2 1839 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly^ That Matthew McClure^ 
of Alexander 6ounty, John L. Cooper, of Johnson county,com'rs to lo- 
and Wilham Sharp, of Pope county, be, and they are hereby, cate road, 
appointed commissioners to view, survey, and locate a road 
from Jameson's ferry, in Pope county, to the Mississippi ri- 
ver, in Alexander county, opposite to Cape Girardeau, in 
the State of Missouri. 

Sec. 2. The said commissioners, or a majority of them, Time & place 
shall meet at Jameson's ferry, on the first Monday of June °^ "^^"^'^"S- 
next, or v^^ithin three months thereafter, who, after being 
duly sworn by some justice of the peace faithfully to dis- 
charge the duties enjoined on them by the provisions of this 
act, shall proceed to view, survey, and locate the said road 
between the points named in the firjt section of this act, 
upon the most eligible and direct route, via or near the 
Cache bridge, in Alexander county, and Hazlewood, on Sex- 
ion's creek, doing as little injury to private property as pos- 
sible. 

Sec. 3. The said road, when laid out as aforesaid, shall Public high- 
be deemed a public highway; and the county commissioners' ^^^" 
courts of the several counties through which said road may 
pass, shall appoint supervisors over said road, and cause the 
same to be opened and kept in repair as other State Foads 
are. 

Sec. 4. The commissioners appointed under the provi- 
bions of this act shall receive a just compensation for the 
tims they are necessarily employed in the several counties 
herein mentioned, each county paying for the time neces- 
sarily employed therein. ' 

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

Approved, March 2, 1839. 



AN ACT to repeal "An act concerning the State road fi-om Vienna to Jq force Mar 
Equality." 2,im. 

Sec. 1. Be it enacted by the People of the State ofMlinQis, 
-epresented in the General Assembly, That so much of an act, 
Mititled "An act to relocate part of a certain State road 
iherein named," as relates to a change and relocation of said ^^t repealed 
road within the limits of Gallatin county, (the same being the 
State road from Vienna to Equality,) be, and the same is 
lereby, repealed. 

Approved, March 2, 1839. 



356 



LAWS OF ILLINOIS. 



In force, Mar. AN ACT to establish a State road from Joseph Huey's, in Clinton county, 
2 1839. ' to the northeast coi-ner of Fayette county. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That Turner S. Nichols, 
Com'r to lo- of Clinton county, Thomas Robinson and John D. Brown, of 
cate road. Fayette county, be, and they are hereby, appointed commis- 
sioners to view, mark, and locate a State road, on the nearest 
and best ground, doing as little damage to private property as 
possible, from Joseph Huey's, in Clinton county, to intersect 
the road leading from Salem to Vandalia at or near the Hick- 
ory creek bridge; thence to intersect the road leading from 
Hardy Foster's to Shelbyville, in the northeast corner of Fay- 
ette county. 
^Time & place Sec. 2. The said commissioners, or a majority of them,' 
of meeting. ghall meet at the house of Joseph Huey, in Clinton county, 
' on the first Monday in the month of May next, or some day 
thereafter, and, before entering on the duties assigned them 
To be sworn, by this act, shall take an oath before some justice of the peace 
of Clinton county faithfully and impartially to discharge the 
duties enjoined on tliem by this act, shall proceed to locate 
the said road as provided for in the first section of this act; 
and the road so laid out is hereby declared a State road; and 
it is hereby made the duty of the county commissioners' court 
of each of the counties through which the same may pass to 
cause the same to be opened and kept in repair as other State 
Compensa- roads are; and shall also allow each of the commissioners, out 
tion. of their respective county treasuries, a reasonable compensa- 

tion per day for the time actually spent in locating said road 
in the respective counties. 
Approved, March 2, 1839. 



In force, Mar. AN ACT for the relief of Andrew Cochran and other actual settlers on' 
2, 1839. section Wo, 16, township No. 14 south, range No. 3 east. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly^ That tlie county commis- 
sioners of the county of Johnson be, and they are hereby, 
authorized (if three-fourths of the inhabitants of said township 
shall petition thereibr) to appoint three disinterested free- 
holders, remotely situated from said land, vfho shall, alter 
being duly sworn faithfully and impartially to perform the du- 
Section 16 to ties enjoined on them by this act, proceed to divide and sub-di- 
be sub-divided vide the said sixteenth section in legal divisions of not less thiui 
and valued. ^^^^^ ^^^ ^^^,^ ^j^.^^^^ eighty acres, and shall value the said land 
at its truQ value, without regard to the improvements thereon. 
Sec. 2. Said commissioners hereby appointed shall make 
a plat designating each lot by its numbers, and note particu- 
larly the valuation of each lot, and shall return the same, 
certified by them, to the county commissioners' court; and the 



LAWS OF ILLINOIS. 257 

county commissioners shall direct the school commissioner of Notice of sale, 
the county to proceed to sell the said land (giving at least 
thirty days' notice of such sale, by posting up at least six print- 
ed or written notices of such sale,) to the highest bidder, in 
cash, or on a credit of one, two, and three years, provided 
such wish be expressed in the petition for the sale, for the use ■'. 

of said township. 

Sec. 3. It shall be lawful for any of the actual settlers on Settlers may 
any of said lots, previous to the day of sale, to pay to the JXatl^n^' 
school commissioners the amount of the valuation of his re- 
spective lot: Provided^ no sale shall take place unless the 
valuation shall exceed one dollar and twenty-five cents per 
acre. 

Sec. 4. The actual settlers on any of these lands who may Settlers to pay 
pay the appraised value of his lot of land to the school com- expenses, 
missioners, the[y] shall pay all the expenses of such valuation 
and sale; and the school commissioners shall give certificates to 
such purchasers, as in other cases of sales of sixteenth sections. 



AN ACT authorizing the county commissioners' court to construct certain in force, Mar. 
roads in Greene county. 2^ 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county com- 
missioners of Greene county shall, at the June term of said 
court, or at any regular term thereafter to ba held during the 
present year, appoint three suitable persons who are resi- Lo^.aty 
dents in that part of Greene county south of the Macoupin^*' 
creek; and three other persons who are residents in that por- 
tion of the said county which lies between Apple creek and 
Macoupin creek; also three oth(2r. persons who reside in that 
part of the county which lies north of Apple creek, for the 
purpose of viewing, surveying, and permanently locating the 
roads from the towns hereinafter mentioned. 

Sec. 2. The three persons who may be appointed agree- Com'rs to 
able to the first section of this act, in that part of the county }°„^^^}Jj.gg^ 
lying south of the Macoupin, shall, within three months after y^"]™ ^^^^^^ 
their appointment, proceed to view, survey, and permanently 
locate a road from the town of Jerseyville to some point on 
the Mississippi or on the Illinois river, as may be prayed for 
by a petition of the citizens of that part of the county; the 
three persons who may be selected in that part of the county 
lying between Apple creek and Macoupin, agreeable to the 
provisions of the first section of this act, shall also, within three 
months after their appointment, proceed to survey and perma- 
nently locate a road from the town of Carrollton to some point From Carroll. 
on the Illinois river as may be petitioned for by the citizens liv- ^°"" 
ing in the centre part of the county; and the three persons living 
17 



258 LAWS OF ILLINOIS- 

north of Apple creek, which may be appointed as above provi- 
ded, who reside north of Apple creek, shall also, within three 
p ^. . months after their appointment, proceed to survey and per- 
hall. manently locate a road from the town of Whitehall to some 

point on the Illinois river which may be petitioned for by the 
citizen? who reside in that part of the county. 

Sec. 3. In all cases arising under this act where there are 
conflicting opinions in regard to the location and point of 
termination of the roads herein authorized to be made, the 
county commissioners' court shall authorize and direct Uiat the 
two routes having the highest and greatest number of peti- 
tioners shall be surveyed and viewed as directed in this act; 
and the viewers shall decide and determine which of the 
two routes is the most preferable, and report accordingly; 
which report shall be final; and the survey and reports, to- 
gether with plats of the same, shall be entered upon the 
records of said court; the reports and surveys to be made and 
returned at the next succeeding term of the court. 
Cost to be es- Sec. 4. The county commissioners' court of the said 
timated. county shall, at the term of said court at which the viewers 

are appointed, sel-^ct some competent person to estimate the 
probable costs of constructing the roads herein authorized to 
be made, estimating the costs of each separately, 
f 18,000 set Sec. 5. The sum of eighteen thousand dollars of the dis- 

apan to open tributive share which the said county of Greene has or may 
roads. receive out of the two hundred thousand dollars belonging to 

certain counties through which no railroad should run, agreea- 
ble to the "Act to create and maintain a general .system of 
internal improvement," shall be set apart and applied by said 
court for the purpose of opening, constructing, and improving 
said roads, as by this act laid out, in the manner that said court 
may order and direct. 
Agents to let Sec 6. The said county commissioners' court shall have 
contracts. power and authority to appoint an agent or agents, whose duty 
it shall be to let and and enter into contracts with responsible 
individuals to construct the roads herein authorized to be 
made, under any order, or agreeable to the rules and regula- 
.* tions made by said courts. The said agents and viewers, and 

the individuals which may be appointed to make the estimates 
as directed in the fourth section of this act, shall severally, 
To be sworn, before they enter upon their respective duties, take an oath 
faithfully and impartially to perform their respective duties to 
the best of their ability and judgment; which oath shall be 
administered by the clerk of the said county commissioners' 
court, or by any justice of the peace; and each person ap- 
pointed agreeable to the provisions of this act shall receive a 
Corapensa- compensation out of the county treasury, not exceeding two 
*ion.. dollars and fifty cents for each day which they may be em- 

ployed in performing the duties required by this act. 
Money, how Sec. 7. The sum set apart as mentioned in the fifth sec- 
appropriated, tion shall be expended on the several roads herein contem- 



LAWS OF ILLINOIS. 250 

plated to be constructed, in proportion to the sunn necessary 
to construct the same, agreeable to the estimates made as di- 
rected in the fourth section of this act. 

Sec. 8. If the county of Jersey shall become organized If Jersey eo. 
as one of the counties of this State agreeable to the provisions i^ organized, 
of an act passed at the present session of the General Assem- 
bly creating said county conditionally, then, and in that case, 
so much of this act as relates to that portion of the county of 
Greene as now organized, which may constitute and form the 
said county of Jersey, shall be null and void; and the sum ap- ^^^ ^^^ ^^^ 
plied and set apart, mentioned in the fifth section of this act, reduced to 
shall be reduced to the sum of twelve thousand dollars, to be $12,000. 
expended en the roads from the towns of Carrollton and 
Wiiitehall, in accordance to the provisions of this act; and all 
expenses and liabilities incurred by the county of Greene in 
executing this law in said county of Jersey, shall stand as a 
credit to the county of Greene in adjusting and settling the 
account between said counties touching the distributive share 
of the two hundred thousand dollars mentioned in the fifth 
section of this act. 

Approved, March 2, 1839. 



AN ACT to provide for the probate of wills in certain cases. In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the Stale of Illinois^ 
represented in the General Assembly^ That in all cases wherein 
probate justices of the peace, or such other person as ma}? be ^iii^''^^^^ °^ 
authorized by law to grant probate of wills and testaments, 
may and shall have become a witness to any will or testament If probate jus- 
which is required by law to be proved before him as such pro- he shairffo b^ 
bate justice of the peace, or person authorized to grant pro- fore cir. court, 
bate as aforesaid, iind the testimony of such witness is neces- 
sary to the proof of the same, then, and in such case, it shall be 
bis duty to go before the circuit court of the county in which 
such will is to be admitted to record, and make proof of the exe- 
cution of the same in the same manner that probate of wills is re- 
quired to be made in other cases. And it shall be the duty of Duty of clerk 
the clerk of the circuit court aforesaid forthwith to certify such 
will, proven as aforesaid, to the probate court of the county; 
and said will shall thereupon have the same force and effect 
that it would have had if it had been proven by one credible 
witness before the court of probate; and if there arc other 
witnesses to said will, the court of probate shall take their evi- 
dence in support of said will, as in other cases. 

Approved, March 2, 1839. 



260 



LAWS OF ILLINOIS. 



In force, Mar. 
2, 1839. 



AN ACT altering, in pnrt, Archer's addition to Lockport. 



Green street 
abolished. 
Land added 
to blocks. 

Proviso. 



Seg. 1. Be it enacted by the Pcnple of the State of Illinois, 
_ represented in the General Assembly^ That, in order to have 
. Commerce street, in Archer's addition, connect in a true line, 
and be of the same width, viz.. eighty iaet, with said named 
street in Lockport proper, as laid otf by the State, in Will 
county, on the Illinois and Michigan canal, said street, in said 
addition, is hereby laid over and permanently established 
twenty feet further west; and the land so thrown off' on the 
east is added to the lots and blocks on the cast side of said 
Comm.erce street, to inure and be the property in fee simple, 
forever, of the present and luturc owners of the lots bounding 
on the east side of said street. 

Sec. 2. Green street, in said addition, is hereby wholly 
abolished and forever vacated, and the land in said street is 
added to the blocks on said street by a line in centre, 
making all the lots in the two tier of blocks equal in depth: 
Provided, it shall be incumbent on the proprietor to procure 
the assent, in writing, to said alterations, from the purchasers 
of lots in said addition; which shall be recorded in- the re- 
corder's office of Will county. A plat, showing the alteration 
herein named, may be recorded in said county. 
Approved, March 2, 1839. 



In force, Mar. AN ACT to locate a State road from Charlestc 
2, 18.39. Springfield trace. 



"to James Keller's, on the 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented, in the General Assembly, That Thomas B. Peyton, 
of Coles county, Andrew Love, of Macon county, and Jesse 
Ellis, of Shelby county, are hereby appointed commissioners 
to view, mark, and locate a State road from Charleston, in 
Coles county, to or near James Keller's, on the Springfield 
trace, in Macon county, via the Dead-man's grove, in Coles 
county, crossing the Kaskaskia at or near Hawkins Fuller's. 

Sec. 2. Said commissioners, or a majority of them shall 
meet at H. Fuller's, on or before the first day of September 
next, and, after being duly sworn to faithfully perform the 
duties required of them, shall proceed to view, mark, anJ 
Transmit plat locate said road; and, when located, they shall transmit plats 
to clerks. thereof to the clerks of the county commissioners' courts of 
the respective counties through, which it passes; and, when 
located, it shall be, to all intents and purposes, a State road. 
Payofcom'rs. Sec. 3. The county commissioners' courts of the counties 
through which the road passes shall allow said commissioners 
a reasonable compensation for their services, in proporcion to 
the time employed in each county by said commissioners. 
Approved, March 1, 1839. 



Com'rs to lo- 
cate road. 



Time and 
place of 
meeting. 
To be sworn 



LAWS OF ILLINOIS. 

AN ACT for foi- the benefit of the counties therein named. In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the. State of Illinois^ 
represented in the General Assembly^ That the sum of twenty- ^^5 ooo ap- 
five thousand dollars be, and the same is hereby, appropriated propriated to 
from the internal improvement fund created by an act of the the counties 
General vVssembly, entitled "An act to establish and maintain " 
a general system of internal improvement," approved 27th 
February, 1837, to the counties of Stephenson, Winnebago, 
Boone, McHenry, Henry, Kane, De Kalb, Cass, Livingston, 
and Whiteside; which sum shall be, by the Fund Commission- 
ers, divided among, and paid over to, the said counties as follows, 
videlicet: To the county of Stephenson, one thousand nine Stephenson, 
hundred and seventy-four dollars and sixty-six cents; to the 
county of Winnebago, three thousand one hundred and four- Winnebago, 
teen dollars and eighty-three cents; to the county of Boone, Boone, 
one thousand four hundred and thirty-five dollars and twenty- 
two cents; to the county of Henry, one thousand dollars; to Henry, 
the county of McHenry, three thousand five hundred and McHenry, 
seventy-four dollars and fifty-eight cents; to the county of De DeKalb, 
Kalb, one thousand nine hundred and thirty-one dollars and 
seventy-five cents; to the county of Kane, five thousand two Kane, 
hundred and ninety-seven dollars and nine cents; to the county 
of Cass, three thousand five hundred and forty-three dollars Cass, 
and ninety-three cents; to the county of Livingston, one thou- Livingston, 
sand and twelve dollars and twenty-nine cents; to the county 
of W"hiteside, two thousand one hundred and fifteen dollars Whiteside. 
and sixty -five cents; and the receipt of the county commis- 
sioners, or their authorized agent, shall be a sufficient voucher Vouchers. 
to the Fund Commissioners for the payment of any and all 
of the sums of money aforesaid. 

Sec. 2. The moneys appropriated by this act shall be Moneys, how 
applied exclusively by the county commissioners' court re- applied, 
ceiving the same to the building of bridges and the improving 
of public roads in their respecties counties: Prorz(iec/, That Pfoviso. 
all the necessary improvements on State roads shall be first 
made: And provided^ further^ That, in the county of Stephen- 
son, the bridges and other necessary improvements on the 
Chicago and Galena State road shall be first made: and, in 
the county of Winebago, the bridge across Cedar creek, on 
the State road leading by Bloomingville to the mouth of the 
Pickatonica, and the improvements of the Great Western 
mail route or road from the east to the west line of Winnebago 
county, shall first be made and paid for from the sum appro- 
priated to said county: and, in the county of Boone, the 
bridge across Coon creek, on the State road, shall first be 
finished, and the Belvidere bridge shall next be finished, or, 
if finished, the demands against the said county existing there- 
for shall next be paid; and the next appropriation shall be 
made for the building of a good and sufficient bridge aoross 
the Beaver creek where the Great Western mail road crosses. 



262 LAWS OF ILLINOIS. 

the same; and the next shall be a sufficient appropriation to 
, purchase plank and cover the Kishwaukee bridge at Ames- 
ville where the Belvidere road crosses the same, and the 
bridge across the Piscasaw near T. Caswell's; and, in the 
county of Whiteside, one-third part of the appropriation 
hereby made shall be expended on bridging the Cat-tail 
swamp, Johnson's creek, and other improvements on the State 
road leading from Rock Island to Savannah: with the balance 
of said appropriation the necessary bridges and improve- 
ments shall be made on the State road leading from Prophets- 
town to Savannah, and on the State road leading from Dixon's 
to Fulton city and the State road running up on the south side 
of Rock river; and if any of the appropriations aforesaid 
shall not be exhausted on the works and improvements afore- 
said, such surplus shall be expended in such manner on roads 
as the respective courts . may judge expedient. State roads 
having preference. 
Works to be Sec. 3. That all improvements to be made under the 
let out. provisions of this act, when the cost thereof shall not exceed 

fifty dollars, shall be let by, and the w^ork done under, the 
inspection of the supervision of the district in which the im- 
J)rovement is to be made; but when the cost of any bridge, 
or other improvement to be made under the provisions of 
this act, shall exceed fifty dollars, the county commissioners 
shall give three weeks' public notice of the letting thereof, by 
posting up one notice on the court house door, and two others 
in the most public places in the county, describing the work 
to be done, and fixing the day and hour for the commencement 
of the letting of said work; and the same shall be let to the 
lowest responsible bidder. 

Sec. 4. That if any county or counties shall be created, 
New counties Or portions detached from any of the counties aforesaid, during 
to receive pro- the present session of the General Assembly, it shall be the 
portion. ^^^^ ^^ ^j^^ county commissioners' court irom which such 

county or counties are taken, or portion detached, to pay the 
order of the county commissioners' court of the new county 
or counties, or to which said portion or portions shall be 
attached, a rateable proportion of their respective appropria- 
tions, the amount to be determined, as near as possible, by the 
votes given in said new county, or detached portion, at the 
August election, A. D. 1839. The further sum of two thou- 
$2,000 to sand dollars is hereby appropriated to the county of Scott, to 
Scott. be appropriated on the road leading from Winchester to 

Augusta, under the direction of the commissioners' court of 
said county, the money to be paid on the order of said court. 
Approved, March 2, 1839. 



LAWS OF ILLINOIS. 263 

AN ACT to locate and establish certain State roads in Peoria and Knox In force, Mar. 
counties. 2, 1839. 

Sec. 1. Be it enacted hy the people of the Slate of Illinois, 
represented in the General Assembly, That Josiah Fulton, John 
Armstrong, and Edward Dickinson, of the county of Peoria, 
be, and they are hereby, appointed commissioners to view,Com'rs to 
mark, and locate a State road from the State road leading ^°^^^^ '■°^^' 
from Peoria to Galena, via Osceola, commencing at some 
point on said road on section number thirty-three, town nine 
north, of range eight, east of the fourth principal meridian, 

running westward to intersect the Peoria and Knoxville ^°"J'^^ °f • 

, ° 1 . • ) 1 . road, 

county road at some point on said road on section twenty- 
nine, town nine north, of range eight, east of the fourth prin- 
cipal meridian. 

Sec. 2. The said commissioners, or any two of them. Time and 
shall meet at the court-house, in the town of Peoria, on the P'^^f. °^ 
first Monday in April next, or some day thereafter; and, ^' 

before entering on their duties assigned them by this act, 
shall take an oath, before some justice of the peace of said 
county of Peoria, faithfully to perform the duties required of 
them by this act, and shall proceed to view, mark, and locate 
the said road on the nearest and most eligible ground. 

Sec. 3. And be it further enacted, That the county road Rond from 

leading from Peoria to Knoxville, via Charleston, in Knox J^f°"^ y^^ 

o , , ,, • . . , 1 1 o(, , 1 <^harJeston a 

county, be, and the same is hereby, declared a State road state road. 
from the points where the aforesaid commissioners shall 
locate the road hereinbefore provided for to Knoxville, in 
Knox county; which said road shall be opened and kept in 
repair as other State roads are. 

Sec. 4. Said commissioners shall receive for their servi- Payfor 
ces a reas'^able compensation, not exceeding one dollar and services. 
fifty cents "per day, to be paid out of the county treasury of 
said county of Peoria. 

Sec. 5. That the county road now leading from Charles- County road 
ton to Rochester, in the county of Peoria, be, and the same i^^^^ Ro-^^' 
is hereby, declared a State road, and shall be kept in repair Chester. 
as other State roads. 

Sec. 6. Be it further enacted, That D. G. Garnscy and Com'rs to lo- 

Isbamar Pittsbery, of Henry county, and C. W. Stanton, of ^,^t\i"o^«^fro™- 

P-' , 1 ■ , 1 • ■ • Rochester to 

eoria county, are hereby appointed commissioners to view,gtephenson. 
mark, and locate a Slate road from Rochester, in Peoria 
county, via Victoria, twelve north, of range four east, sec- 
tion seventeen, and Andover, fifteen north, two east, to Ste- 
phenson, in Rock Island county. 

Sec 7. The said commissioners, or a majority of them. When and 
shall meet at Rochester, on the first Monday in April next, ^^^^'*^ ^° 
or some day thereafter", and after being first duly sworn, be- 
fore 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 upon the nearest and best route, 



264 LAWS OF ILLINOIS, 

^ doing as little injury to private property as the public good 

will permit. 
Plat filed in ^^^* ^' The Said commissioners shall be required to re- 
clerk's office, turn, to the clerk of the county commissioners' court of the 

several counties through which the same shall pass, a correct 

plat of the survey of said road in their respective counties; 

which plat shall be filed in the office of said clerks. 
Allowance to Sec. 9. The county commissioners' courts of the several 
com'rs and counties through which the said road shall pass shall allow 
^Wed^by™' ^'^'^ ^^^^ commissioners a reasanable compensation for their 
them. services in laying out said road, together with a reasonable 

compensation to such other persons as shall be employed by 

them in the discharge of the duties assigned them by this 
How paid. act, which shall be paid, by the several counties through 

which the said road shall pass, in proportion to the distance 

in each. 

1839. 



In force Mar. ^^ ACT tj relocate the county seat of Winnebago county. 

2, 1839. 

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

represented in the General Assembly, That for the purpose of 

permanently locating the seat of justice of Winnebago 

Duty of coun- county, it shall he the duty of the county commis'^ioners' 

ty com'i-s to clerk of said county, on or before the first day of April, 1839, 

election^ fo^r°' '■^ S^^*2 wj'i'^t^'^ notice to the several judges of election in 

county seat, each precinct, that, on the first Monday in May, 1839, an 

election for the selection of a seat of justice for said county 

will be held for that purpose. 

V'otes to be Sec. 2. The votes thus polled shall be canvassed as the 

canvassed, law directs in general elections; and if it shall appear that 

within one hundred of a majority of all the votes given are 

in favor of the town of Winnebago, then the said town shall 

be and remain the permanent county seat of said county; 

and all the provisions of the act, entitled "An act to establish 

certain counties," approved January 16, 1836, relating to 

Act in full the seat of justice of said county, shall be and remain in 

^°''"'- full force. 

If more than Sec. 3. But if any Other place, (after the first election as 
two points are heremafter provided) in said county, shall receive a majority 
voted for. of all the votes given, then such place shall be and remain 
the seat of justice of said county. If there should be more 
than two places voted for, and no one place receiving a ma- 
jority of all the votes polled, then there shall be an election 
iield on the first Monday of each succeeding month, drop- 
ping off, at such election, the place receiving the smallest 
number of votes, until some one place shall receive a major- 
ity of all the votes given; which place shall be and remain 
the permanent seat of justice of Winnebago county; and th e 



LAWS OF ILLINOIS. 265 

provisions of the act mentioned in the Second section of this 
act shall be applicable to the county seat of Winnebago, 
wherever it mr^y be located. 

Sec. 4. When it shall be determined what place is selec- When selec- 
ted, it shall be the duty of the county commissioners imme- '^^^ is made, 
diately to proceed to erect, or cause to .be erected, a suitable 
courthouse, jail, and other public buildings for said county, Court house 
on the best and most advantageous terms they can for the^'^^j^^^- 
interest of said county. 

Sec. 5. If the county seat of said county shall be moved If county seat 
from the town of Winnebago, the county commissioners of ^^jJJJ°J^^'j.g°' 
said county shall reconvey to N. Bolvin all the land or lots convey lots, 
heretofore conveyed by him to the county of Winnebago. 

Approved, March 2, 1839. 



AN ACT in relation to the county of Macon, In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly,, That hereafter all that 
territory or tract of country lying between the counties of ^^^jj'^'^^^J^'" 
Logan and Dane, and extending four miles west of the third Macon, 
principal meridian, shall be attached to, and constitute a 
part of, the county of Macon. This act to take effect from 
and after its passage. 

Approved, March 2, 1839. 



AN ACT authorizing the county commissioners' court of Madison county In force, Mar. 
to levy and collect a special tax. 2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That for the purpose of 
enabling the county of Madison to discharge the debts crea- Special tax to 
ted by the authority of the county commissioners' court o^ JJ^ ^^^^^^ 
said county, in building a bridge across Wood river, at Mil-^^ 
ton, in said county, the county commissioners' court of said 
county of Madison is hereby authorized and empowered to 
levy and collect a special or additional tax, of not exceeding 
one-half of one per centum per annum, for the years eigh- 
teen hundred and thirty-nine and forty, on all taxable prop- 
erty, real and personal, in said county of Madison; which 
tax shall be levied and collected in the same manner as other 
taxes; when so collected, shall be applied to the liquidation 
of the debts as above described, unless the same shall have 
been previously paid; in which event, the amount of taxes 
so collected shall be paid into the county treasury, and used 
for other county purposes. 

Approved, March 2, 1839. 



266 



LAWS OF ILLINOIS. 



In force, Mar, 
2, 1839. 



Names of 
partners un- 
necessary. 



•Proviso. 



Actions 
against two 
or more de- 
fendants. 



AN ACT regulating evidence in certain cases. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly^ That in trials of actions 
upon contracts, express or implie;], when ihe action is brought 
bj partners, or by joint payees or obligees, it shall not be 
necessary for the plaintiff, in order to maintain any such 
action, to prove the names of the co-partners or the christian 
names of such joint payees of obligees, but the names of such 
co-partners, joint payees or obligees, shall be presumed to 
be truly set forth in the declaration or petition: Provided, 
That nothing herein contained shall prevent the defendant 
in any such action from pleading, in abatement as heretofore, 
or of proving, on the trial, either that more persons ought 
to have been plaintiffs, or that more persons have been made 
plaintiffs, than have a legal right to sue. 

Sec. 2. On actions against two or more defendants upon 
contracts in writing, alleged to have been made or executed 
by such defendants as partners or otherwise, proof of the 
joint liability of the defendants shall not be required to enti- 
tle the plaintiff to judgment, unless such proof shall be ren- 
dered necessary by pleading in abatement, or the filing of 
pleas denying the execution of such writing, verified by affi- 
davit, as required by the "Act concerning practice in courts 
of law," approved on the twenty-ninth day of Januarv, one 
thousand eight hundred and twenty-seven. 

Approved, March 2, 1839. 



In force, Mar. 



AN ACT to quiet possessions and confirm titles to land. 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, that hereafter every 
person in the actual possession of land or tenements, under 
Persons hold- claim and color of title made in good faith, and who shall, for 
dtfe^Tnd who ^''^^^ successive years after the passage of this act, continue 
pay 'all taxes. '"^ ^uch possession, and shall also , during said time, pay all 
taxes legally assessed on such land or tenements, shall be 
held and adjudged to be the legal owner of said land or tene- 
ments, to the extent and according to the purport of his or 
her paper title. All persons holding under such possession, 
by purchase, devise, or descent, before said seven years shall 
have expired, and who shall continue such possession, an:l 
continue to pay the taxes as aforesaid, so as to complete the 
possession and payment of taxes for the term aforesaid, shall 
be entitled to the benefit of this section. 
Title to va- ^EC. 2. Hereafter, whenever a person having color of 
cant land. title, made in good faith, to vacant and unoccupied land, 
shall, after the passage of this act, pay all taxes legally asses- 
sed thereon for seven successive years, he or she shall be 
deemed and adjudged to be the legal owner of said vacant 



LAWS OF ILLINOIS. 267 

I and unoccupied land, to the extent and according to the 
ipurport of his or her paper title. All persons holding under 
I such tax-payer, by purchase, devise, or descent, before said 
I seven years shall have expired, and who shall continue to 
[pay the taxes as aforesaid, so as to complete the payment of 
[taxes for the term aforesaid, shall be entitled to the benehtof 
Ithis section: Provided^ however^ If any person, having a better Proviso. 
Ipaper title to said vacant and unoccupied land, shall, during 
the said term of seven years, pay the taxes assessed on said 
land for any one or more years of the said term of seven When tax is 
years, then and in that case such tax-payer, his heirs and P^i'^ ''^ y®^'"^- 
assigns, shall not be entitled to the benefit of this section. 

Sec. 3. The above sections of this act shall not extend to 
land or tenements when there shall be an adverse title to 
such land or tenements, and the holders of such adverse title 
is under the age of twenty-one years, insane, imprisoned, 
feme covert, out of the limits of the United States, and in the 
en^ployment of the United States or of this State: Provided VtomIso. 
such person shall commence an action, to recover such land 
or tenements so possessed as aforesaid, within three years 
after ihe several disabilities hereiri enumerated shall cease to 
exist, and shall prosecute such action to judgment, or, in case 
of vacant and unoccupied land, shall, within the time last 
aforesaid, pay to the person or persons who have paid the 
same all the taxes, with interest thereon, at the rate of twelve 
per cent, per annum, tliat have been paid on said vacant and 
unimproved land. 

Sec. 4. This act shall not be construed to extend to any 
land or tenements owned by the United States or this State, 
nor to school or seminary land, nor to land held for any public 
purpose. This act to take effect from and after its passage. 

Approved, March 2, 1839. 



AN ACT to amend "An act in relation to religious societies." In force, Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General .Assembly, That hereafter it may be 
lawful for any religious society, in this State, to purchase, or Societies may 
receive by a donation, and hold any real estate, not exceed- '^^''^ ^^°" 
ing foriy acres, for the purpose oi camp-meeting ground 
and the lots necessary for the same. 

Sec. 2. The title to said real estate shall be held by trus- In name of 
tees appointed by said society; and the same may become trustees, 
incorporated according to the provisions of "An act con- 
cerning religious societies." in force, March 1, 1835. This 
act to take effect from and after its passage. 

Approved, March 2, 1839. 



268 LAWS OF ILLINOIS. 

^" 2,''l839^'''' ^^ ^^'^ declaring a certain county road, in McLean county, a State 

Sec. 1. Be it enacted by the People of the State of ilhnois, 
represented in the General Assembly, That all that county road 
in McLean county, beginning at Bloomington, and run- 
ning by the lands of William Bishop, to the town of Le 
Roy; thence, by the lands of David Nott, Aquilla Conaway, 
John W. Badley, and Henry Merrifield, to Mount Pleasant; 
thence to intersect the State road leading from Danville, by 
County road the way of Urbana, at the east boundary line of said county, 
State'road. ^^' ''J"^ t^^. .^^"^6 is hereby, declared a State road; and so 
much of said road as lies within the recorded plat of the town 
of Le Roy, with the addition?, is hereby vacated. 
Approved, March 2, 1839. 



inois. 



In force. Mar. AN ACT concerning the town of Moscow, in Wayne county 

2, 1839. ^ ^ 

Seg. L Be it enacted by the People of tlie State of Illi...,.^ 
represented in the General Assembly, That the proprietors of 
re'leaslT'' ^^^ u""^" °^ Moscow, in the county of Wayne, be, and they 
are hereby, released from all penalties and forfeitures incur- 
red by them in selling lots in said town wifhout first having 
the plat thereof recorded, upon condition that the said pro- 
prietors shall deliver up and cancel all notes for lots in said 
tow^n, and withdraw all suits that may be instituted by them 
for any recovery of money promised for any lots in said 
town. 

S'ss'Id^'' ^^''' ^' That if any suit or proceeding shall have been 
commenced against said proprietors for the recovery of any 
penalty as aforesaid, the said suits shall only be dismissed 
upon the payment, by the said proprietors, of all costs. 
Approved, March 2, 1839. 



In force, Mar. AN ACT to authorize Joshua VandrufF to establish a ferry across Rock 
2, 1839. river, at Vandruff's island. 

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

represented in the General Assembly, That Joshua Vandruff 

Vandruffmay^"'^'^^^ associates, and their heirs and assigns, be, and they 

maintiina are hereby, authorized to establish and maintain a ferry 

Ro7k riyer' ""^Z'' ^''''t "^^''' ^^ ^"^'^ P°i"<^ ^^^ ^^1^11 be most convenient 
at Vandruti's island, on lands owned by the said Vandruff, 
his associates or assigns, on said island, and the opposite 
shores in the county of Rock Island for, and during the term 
often years from and after the passage of this act. 

Sec. 2. The boat or boats necessary for the conducting 
of the said ferry may be so constructed as to be propelled by 



LAWS OF ILLINOIS. 269 

e 

steam, horse, or such other power or means as the said pro- 
prietors may deem expedient. 

Sec. 3. When the said ferry is estabhshed, it shall and When ferry 
may be lawful for the said Joshua Vandruff, his associates, i^ established, 
their heirs and assigns, to demand and receive, from all per- 
sons crossing said ferry, for and during the time aforesaid, 
the following rates of ferriage, videlicet: For each loaded 
wagon, drawn by two horses or oxen, seventy-five cents, and Rates of toll, 
for each additional animal by which the same is drawn, 
twelve and a half cents; for the same without a load, sixty- 
two and a half cents, and for each additional animal by 
which the same is drawn, twelve and a half cents; for each 
sulky, gig, or other vehicle, drawn by one horse, and driver, 
thirty-seven and a half cents; for each coach, barouche, or 
other pleasure carriage, drawn by two horses, and the dri- 
ver, seventy-five cents, and twelve and a half cents for each 
additional horse; for each man and horse, iwenty-five cents; 
for each head of neat cattle, six and one-fourth cents; for 
each head of sheep, hogs, or goats, four cents; for each foot- 
man, twelve and a half cents; and for crossing freight, six 
and one-fourth cents per hundred weight. 

Sec. 4. The ferry hereby granted shall be in all respects Ferry, how 
2:overned by the laws regulating lei ries, toll-bridges, and turn- governed. 
Dike roads, except as is herein otherwise provided. 

Approved, March 2, 1839. 



\.N ACT to authorize the resurvey of the town of Peru, in La Salle county, j^ f^^^^ -^^^ 

2,1839. 
• Sec. 1. Beit enacted hy the. People of the State of Illinois^ 
represented in the General Assembly, That George B. Martin, 
IVard B. Burnett, and George W. Halley,are hereby created 
commissioners with power to cause a resurvey of the town Courts t o fc- 
)f Peru, in La Salle county, to be made 'in such manner as survey town 
;o conform to the course of the Illinois river to the survey of °^^®''"- 
;heNinaway addition to said town, and in such other manner 
IS to increase the value and improve the location of the lots 
n said town; and if private property is taken for public if p^^atepro- 
jse, the same shall be paid for as provided herein: Provided, Tpeny he ta.- 
rhat the corporation of said town shall be liable for any^^"- 
lamage that may result by such resurvey to any individual 
andholder in said town, such damage to be assessed by three Damages to 
3Crsons, under oath, selected for that purpose by the county be assessed, 
lommissioners' court of said county of La Salle. 

^ Sec 2. The commissioners created by this act shall cer- certify ap- 
ify their approval to the resurvey upon the plat of the same,pro\'a'l of re- 
is being in conformity to Iheir directions; which said plat, so^""'^^- 
certified to, shall be recorded in the office of record of La 
Salle county. 

Sec. 3. By the recommendation of the commissioners 
created by this act, the president and trustees of the town of 



270 LAWS OF ILLINOIS. 

Peru, and their successors in office, are hereby authorized to 
purchase, hold, and convey any real estate in said town, 
which may be necessary for the accomplishment of the ob- 
jects contemplated by this act — all purchases, however, to 
be at tlie valuation made by three persons selected as here- 
tofore provided. 
Expenseshow Sec. 4. The expenses incurred in making the resurvey 
P^^ ' shall be paid by the president and trustees of the town of 

Peru. 

Approved, March 2, 1839. 



In force, Mar. AN ACT to authorize George W, Jones to establish a ferry from Jordan's 
2, 1839. ferry to Du Bu(|ue. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the Ger eral Assembly, That George W. Jones,? 
of the county of Jo Daviess, is hereby autliorized and licensed i 

Bumie^° " ^^ keep a ferry across the Mississippi river, from a point i 
called Jordan's ferry to Du Buque, on the opposite side of' 
the river, in the Territory of Iowa; and said Jones, his heirs 
and assigns, shall have the exclusive right of having, main- 1 
taining, and using a ferry across the river at the place afore- 
said, and to have and receive all advantages and emoluments 
arising from the use of said ferry, for and during the period 
of ten years: Provided, however, That the county commis- 
sioners' court of the county of Jo Daviess shall have the right* 
to assess an annual tax upon the said ferry equal to that 
levied upon other ferries in said county similarly situated; 
and this act shall be deemed a contract between the State 
and said Jones, the said Jones agreeing, on his part, in con- 
sideration of the privilege grantfd, to keep the said ferry, and 
use the same according to the laws of the State regulating 

Proviso. fcriies: Provided, no privilege conferred by this act shall 

prejudice the claim of William H. Whiteside, or his legal re- 
presentatives^ in any claim he may have on said ferry or fer- 
ry landing. 

Approved, March 2, 1839. 



[n force, Mar. AN ACT relating to the duties of county comaussioners. 

2, 1839. '^ I 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented the General Assembly, That the annual statement, 
heretofore required by law to be made by the county com- 
missioners' courts of each county, of the fiscal concerns of 
their respective counties, shall hereafter specify the amount 
of money paid out of the county treasury during the preced- 
ing year; to whom paid, and for what purposes; and like- 
wise the amount of the county orders issued and unredeemed 
during the same year. 



LAWS OF ILLINOIS. 



271 



AN ACT to locate a State road from BellevilJe to Brownsville. In force Mar. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Reuben Lively, oi 
St. Clair county, George Thomason, of Randolph county, and ComVs to lo- 
James Bradley, oi' Jackson county, be, and they are hereby, cate road 
appointed commissioners to view, survey, and locate, a State 
road from Belleville, in St. Clair county, to Athens, Columbus, 
and Georgetown, to Brownsville, in Jackson county. 

Sec. 2. Said commissioners, or a majority of them, shall Time and 
meet at Belleville, on the tirst Monday in April next, or as P^'^*^^ °f 
soon as practicable thereafter, and, after being duly sworn to ™^^'^°S* 
discharge their duties impartially and to the best oi their 
IjudgmeVit, shall proceed to lay out and establish said road on 
Ihe most eligible route, and make return thereof to the several 
county commissioners' courts, of so much of said road as may 
be located in each of said counties; which shall be recorded, 
filed, and preserved. 

Sec. 3. The county commissioners' courts of the several Compensa- 
counties through which said road shall be located shall pay tiou of com- 
to said commissioners, surveyor, and hands, a reasonable com- ™^^^^°°®''»' 
pensation for said services, the bill being made out with a view 
to the distance of road in each county ; and the proportion 
idue shall be certitied by the commissioners herein stated, and, 
being so done, the counties shall pay the same. 
" ' ± 1839. 



^N AC T to am'end the several laws in relation to practice in courts oiSr^Cc-mc. M«, 
law, and for the benefit of A. McPhail and 'f. U. Kirkman. 2 1839 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That suits instituted in 
the name of one, for the use of another, shall not abate by the 
death of the person whose name is used as plaintiff, but shall 
3e prosecuted to judgment and execution as though the per- 
son for whose use they may have been instituted was plaintiff; 
md persons for whose use suits are prosecuted shall be consid- 
3red as parties to the proceediugs so far as to auihorize judg- 
nents against them lor costs, and to make them liable for all 
ees of officers, as though their names were, used as plaintiff", 
md so far as to allow them to prosecute appeals, writs of cer- 
iorari and writs of error, and to execute the necessary bonds 
or these purposes. 

Sec. 2. In actions upon bonds, notes, and all other writ- . . 
ngs made assignable by law, in the name of the assignee, thebo'nT'""' 
)lamtiff' shall not beheld bound to prove the assignments or 
he signature of any assignor unless the fact of assignment be 
mtin issue by plea, verified by the affidavit of the defendant 
>rsome credible person, stating that he verily believes the ^ 

acts stated in the plea are true. 



272 " LAWS OF ILLINOIS. 

Appeals to Sec. 3. In all cases of appeals to the Supreme Court, 

Sup. Court, ^^iiei-e the appellant shall fail to prosecute the appeal, the 
Supreme Court shall, upon dismissing the appeal, enter judg-' 
ment against the appellant for not less than live nor more than 
ten per cent, upon the amount of the judgment, for damages 
in consequence of the delay occasioned by such appeal. 
Appeals to Sec. 4. In cases of appeals to the circuit courts from 

«ir, court. judgments of justices of the peace, the appellee shall be en- 
titled to judgment not exceeding ten per cent, damages upon 
the amount of the judgment, if the appeal is dismissed for 
want of prosecution, or if the court shall be satisfied that the 
appeal was prosecuted for purposes of delay. 
Duty of sher- Seo. 5. The sheriff of Sangamon county shall hereafter 
ifofSanga- attend upon the Supreme Court in the same way that the 
moncoun y. gjjgj-jff ^f Fayctte county has been heretofore required to do. 
T. C. Kirk- Sec. 6. That Thomas C. Kirkman and Allen McPhail, 
man& A.Mc-jygticgg of the peace, be each allowed the sum of five dollars 
for administering the oaths required by law to the members 
T. C.Kirk- of the General Assembly; also, to said Kirkman, the sum of 
™*°" . twelve dollars for two days' services as assistant clerk of the 

House of Representatives. 
Approved, March 2, 1839. 



In force, Mar. AN ACT authorizing the settlement of the accounts of James Turney, 
2, 1839. late Attorney General, and tor establishing two additional branches of 

the Bank of Illinois. 

Sec. I. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly^ That the Auditor of Pub- 
Aud. & Trea- jj^ Accounts and the State Treasurer be, and they are hereby, 
accounts. authorized and required to settle the accounts of J ames Turney, 
Esq., late Attorney General of the State of Illinois; and they 
Notice of time are hereby required to give him notice of the time and place 
and place of of making such settlement, and shall settle the same accord- 
settlement, -j^g ^Q principles of equity and justice; and after having made 
settlement of the accounts and indebtedness of the said James 
Turney as such Attorney General, they are hereby required 
to report the resuK of the same to the Governor of this State, 
who shall take such order thereon as the case niay require. 
Bank at Sec. 2. That the directors of the Bank of Illinois at Shaw- 

Shawneetown ncetown be, and they are hereby, allowed to establish two ad- 
may establish (Jitional branches of said institution in any county or counties 
aT^branches." 1'"^ ^'"^ State: Provided the bank shall agree to accept this 
Proviso. amendment of its charter. 

Approved, March 2, 1839. 



LAWS OF ILLINOIS. 273 

AN ACT describing the mode of expending a part of the raonej arising In ^^^^^a^^^' 
trom the sale of saliue lands, which was appropriated to Marion county. '^i '^°^^- 

Sec. 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That there is hereby ap- 
propriated the sum of one hundred and fifty dollars, out of 
the money arising from the sale of saline lands in Gallatin 
county, and which was appropriated to Marion county for the 
purpose of erecting bridges in said county. The aforesaid 
sum of one hundred and itifly dollars is hereby appropriated 
for the purpose of erecting a bridge across the Raccoon fork ^"dge. 
of Crooked creek, in Marion countj'^, on the road leading from 
Salem, in Marion county, to Nashville, in Washington county; 
the place to be selected and money expended under the di- Com'rs tolo- 
rection of the county commissioners of Marion county, after ^^^^ bndge. 
said money is received by said county. \ 

Approved, March 2, 1839. 



1 

AN' ACT changing the name of the town of Florence, in White county. In force, Mar. 

2, 1839. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the name of the 
town of Florence, in the countj of White, shall be, and it is 
hereby, changed, and said town shall hereafter be called and Name of town 
known in law as Gray ville-, and the plat recorded as the town ^'"^"S^"' 
of Florence shall be considered as an addition to the ori- 
ginal town of Grayvillc, and called the river addition to the 
town of Gray ville; and all writings and conveyances, describ- 
ing lots or parts of lots as situated in the river addition to the 
town of Gray\ille, shall be deemed and considered as refer- 
ring to the recorded plat of the said town of Florence. 
Approved, March 2, 1839. 



AN A"T concerning the school fund in township thirteen north, of range In force Mar„ 
eight west. ' 2, 1839. 

Sec. 1. Be it enaiedby the People oj the State of Illinois, 
represented in the General Aisemhly, That the trustees of town- D^y of trus- 
ship thirteen north, of range eight west, in Morgan county, tees, 
be, and they are hereby, required to examine the accounts of 
Samuel Givins, deceased, for teaching school in said township, 
and pay over" to William T. Givins the amount of money, out 
of the school fund of said township, to which the said Samue! 
Givins would have been entitled out of said funds, as if he 
had made out and returned a schedule of his school according 
to law. 

Approved, March 2, 1839. 

18 - ^ 



274 



LAWS OF ILLINOIS. 



In force, Mar. 

2, 1839. 
Preamble. 



May surren- 
der patent. 



Proviso. 



Com'r to give 
certificate of 
purchase. 



AN ACT for the relief of* William Hick and Timothy Guard. 

Whereas, bj the act of the sixteenth of January, one thou- 
sand eight hundred and thirty-six, entitled "An act relat- 
ing to the Gallatin saline, and the lands belonging to the 
same," a pre-emption right to apart of the fraction of land 
on which the said Timothy Guard's furnace stood, not ex- 
ceeding ibur acres, w^as granted to him at fifty cents per 
acre, for the purpose of erecting thereon a steam-mill: and 
whereas the said Guard and William Hick, the present pro- 
prietors of said four acres have, in the erection of a large 
steam-mill on said tract, placed the same a few feet over the 
line of a correct survey of said pre-emption tract, on land 
belonging to the State, being misled, as they represent, by 
the late county surveyor of Gallatin county: and whereas. 
the said four acres were laid off by said former surveyor up- 
on a line running parallel with the Saline creek, without 
reaching to low-water mark of said creek: Therefore, 
Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That it shall be lawful for 
the said Guard and Hick to surrender the patent held by them 
for the said four acres to which a pre-emption right was grant- 
ed by the act afoicsaid to said Guard, and to rcsurvey and 
relocate their said four acres, so that the same shall extend to 
low-waier mark of the Saline creek, and include their said mill: 
Provided^ That the line of said new survey shall not extend 
more thr-n seventy -five feet west of the west line of said mill, 
and shall not run north further than the (ormer survey of said 
four acres, as laid off by said former county surveyor. 

Sec. 2. It shall be the duty of the commissioner of sales 
of saline lands in Gallatin county to receive the report of the 
present surveyor of the new location of said four acres, and to 
grant a certificate of purchase to the said Guard and Hick 
ibr the new survey of said four acres; and on the retum of 
the same, wi(h the patent which has issued for the said land 
as formerly surveyed, it shall be the duty of the Auditor to 
cancel said former patent, and cause a new patent to issue to 
the said Guard and Hick for the said four acres as located 
under this act. 

Approved, March 2, 1839. 



In force Mar. AN ACT to regulate the compensation of sheriffs for conveying convicts to 
9, 1839. ' the Penitentiary. 

Sec, 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That hereaitcr, when- 
ever any person shall be convicted and sentenced to confine- 
Duty of sher- ntient in the penitentiary for any criminal oficnce, it shall be 
Jff. the duty of the sheriff of the county where such conviction 



LAWS OF ILLINOIS. 276 

was had to employ a sufficient force to guard all such convicts 
to the penitentiary; and the said sheriff shad be responsible 
for the safe delivery of such convicts; a failure to dcHver the 
same shall be a breach of duty in the official conduct of such 
sheriff, for which he may be indicted as in other cases of mal- 
condnct in office. 

Sec. 2. The said sheriff shall be allowed thirty cents for Pay of sheriff, 
each mile necessarily travelled in going to the penitentiary 
with each convict; and each guard by him employed shall be 
allowed the sum of two dollars per day for each day's travel 
in going to the penitentiary with such convict; and the num- 
ber of the guard shall be fixed by the circuit court. The said 
conTpensVdon to the sheriff and guard shall be paid out of the 
State treasury, on the warrant of the Auditor, and shall be in 
full of all charges and expenses whatsoever. 

Sec. 3. The seventeenth section of "An act to amend an Part of act 
act, entitled 'An act relative to criminal jurisprudence,' ap-'"'^P'^*'^'^- 
proved January 6, 1827, and to provide for the regulation and 
government of the penitentiary," approved February 1.5, 
1831, is hereby, repealed. 

Approved, March 2, 1839. 



AN ACT for a State road from Shelby ville, in Shelby county, to Hillsboro, in force, Mar 
in Montgomery county. • 2, 1839. 

Sec. 1. Be it enacted hy the Pople ">f the State of Illinois^ 
represented in the General A.^semlly^ That Jo!m Tackett, of 
Shelby county, and Andrew Burk, of Montgomery county, Q^^'|..g to j^. 
be^and they are hereby appointed commissioners to view and cate road, 
locate a State road from Shelby ville, in Shelby county, by the 
way of Craddock's mill, thence to Audibon, and thence to 
Hillsboro, in Montgomery county, on the nearest and best 
ground, so as not to interfere with cultivated lands more than 
can be possibly avoided for the public convenience. 

Sbc. 2. It shall be the duty of said commissioners to meet Time & place 
at Shelby ville, on or before the first Monday in December of meeting, 
next, and, after having taken an oath before some justice of 
the peace faithfully and impartially to perforin the duties re- 
quired 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 each county. 

Skc. 3. The county commissioners of the counties of Shelby 
and Montgomery shall allow said commissioners, out of their 
rf'spective treasuries, a reasonable compensation <or their ser- Compensa- 
vices. Said road, when thus laid out and established, shall tion. 
be deemed a Slate road, and kept in repair as such. 

Approved, March 2, 1839. 



276 LAWS OF ILLINOIS. 

In force, Mar. AN ACT for the relief of puj-chasers of canal lots and lands, and for other 
2, 1839. purposes. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
rcpre.sentcdin the General Assembly^ 'i'WAi all persons who made 
purchases of lots and land of the Commissioners of the Illi- 
nois and Michigan canal, in the year one thousand eight 
Canal lands hundred and thirty-six, shall he permitted to pay for said lots 
and lots, how j^^j \tiu<\ under and according to the provisions of the act, 
P^^ '^'' passed at the present session of the General Asscmhly, enti- 
tled "An act to amend the several laws in relation to the 
Illinois and Michigan canal." All such purchasers shall be 
permitted to surrender their certiorates of purchase, and 
obtain new certificates; and have their notes or bonds can- 
Bonds cancel- celled, and execute new notes for the balance due, without 

1^'^- paving ten per cent, in advance at the time of the surrender 

Execute notes > , ^ i -r. ,i , i i n ■ i i ^ 

without inter- ^nd cancelment. By the new notes they shall be hound to 

est In advance pay six per cent, per annum interest on the amount due, tor 
twa^ity years, and then to pay the principal; and all the pro- 
visions of the act above recited shall be applicable to said 
purchasers, and their rights and liabilities shall be regulated 
and defined by the act aforesaid. The provisions of this act 
Lien of State s[ja]i not in any manner affect the lien of the State upon the 
not afiected. ^^^^ ji^j lands and all improvements thereon for the payment 
of the purchase money; and purchasers who avail themselves 
of the provisions of this act shall hold the lots and lands, 
subject to all the conditions in the act aforesaid. 
Act to extend Sec. 2. The provisions of this act shall extend to heirs, 
to heirs. devisees, and assignees of purchasers. 

» Sec 3. In making the valuation of improvements upon ca- 

nal lands under the law authorizing their valuation, the stand- 
improve- j^,.(j yj. Y\x\e of estimation shall not be what the improvements 
ments, how , i . ,i t • /■ i • ^ \^ 

valued. cost, nor what tlie making oi such improvements would cost, 

at the dale of valuation, but the estimate shall be the addi- 
tion which the improvements make to the value of the land. 
Sec. 4. in making the selections of lands to be sold whereon 
improvements are situated, the selections shall be confined to 
^^"'^®®^^^,°.^" lands occupied or cultivated by persons having permits to 

occupy or cultivate the same. 

Com'rs may Sec. 5. The Canal Commissioners shall be permitted to 

purchase. purchase the lots in Lockport, at their valuation, on which 

they have erected dwellings, and make payment therefor 

under and according to the provisions of the act recited in 

the first section of this act. The purchase shall extend to 

.j^ the improvements; and the cost of the improvements shall be 

paid without reference to their valuation. The lots shril be 

valued with reference to their actual value at the date of 

making improvements thereon, by the commissioners, having 

regard to the terms of sale. 

Valuation of Sec. 6. The valuation of said lots shall be made by three 

lots, how oj. more of the assessors appointed liy the circuit court of 

"'"^ e. ^jjj QQyj^^^y^ Qj. j-jjg judge thereof, and they shall make dupli- 



LAWS OF ILLINOIS. - 277 

cate certificates of their valuation; one shall be filed with 
the secretiiry of the Board of Canal Commissioners, and the 
other with the cleric of the circuit court of Will countj. 

Sec. 7. The first section of this act shall continue in force Fii"?^ section 
one \ ear; the fifth and six'h sections six months, and no Q"j,g°''g^j..fl'f(lj 
lonejcr. and sixth, for 

Sec. S. The Board of Canal Commissioners shall pay to s^ix months. 
William B. Archer, Gurdon S. Hubbard, and William F. Co m'rs to pay- 
Thornton, five dollars per day each, for the time they were ^^^j^^l^^'"^^^^' 
detained in Vandalia on business connected with the canal and Wm. F. 
during the session of the General Assembly which corn- Thornton, 
menced on the first Monday in December, one thousand eight 
hundred and tliiity-six, after the expiration of their term of 
their service as Canal Commissioners. 

Sec. 9. Forfeited lots in Chicago and Ottawa on which Forfeited lots 
houses have been creeled, or which are occupied by pQ,-. Reserved from 
chasers, their heirs or assigns, shall be reserved from sale 
until fur<^her provision shall be made by law. 

Approved, March 2, 1839. 



AN ACT to amend the "Act concerning marriages." I" force. Mar. 

° '^ 2, 1839. 

Whkreas, under the provisions of the law regulating the mode 
of celebrating the rites of matrimony, and designating the pj.gg^j.jjg_ 
persons who may celebrate these rites, doubts are enter- 
tained as to the right of any minister of the gospel to cele- 
brate those rites, unless he have authority conferred upon 
him by some express action of the society to which he 
belongs: Therefore, 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all marriages here- 
tofore solemnized by ministers of the gospel, and those which Ministers 
may hereaf er be so solemnized, shall be deemed and held to '^ar^il^ef'^ 
be lawful, and the issue of all surh marriages shall be deemed 
legitimate: Provided this act shall not operate upon any Proviso, 
marriages or issue, when such marriage was, or may be, con- 
summated contrary to the laws of the land, for any other 
cause than that mentioned and provided for in this act. 
Approved, March 2, 1839. 



AN ACT to authorize the Governor to commission the sheriff of Schuyler j r „ ki7„„ 
county. 3^jg'39^ 

Sec. 1. Be it enacted by the People of the State of Illitiois, 
represented in the General Assembly, That the Governor be, 
and he is hereby, required to commission the sheriff of Schuy- 
ler county, in this State, any law to the contrary nothwith- 
standing. 

Approved, March 2, 1839. 



278 



LAWS OF ILLINOIS. 



In force Mar. AN ACT to fix the time of holding courts in the several countiea compos- 
2, 1839. ing the fifth judicial circuit. 

Sec. 1. Be it enacted hy the People of the State of Illinois j 
represented in the General Assembly^ That the terms of the 
circuit courts of the several counties in the fifth judicial cir- 
cuit, in this State, shall commence at the times hereinafter 
specified, and continue to be held from day to day, Sundays 
excepted, until the business in said courts shall be disposed 
of, unless it shall be necessary to close the term to enable the 
judge to attend in the next county for the purpose of holding 
court: 

In the county of Schuyler, on the third Mondays of March 
and August; in the county of Brown, on the first Mondays 
of April and September; in the county of Adams, on the 
second Mondays of April and September; in the county of 
Hancock, on the fourth Mondays of April and September; 
in the county of McDonough, on the first Mondays of May 
and October; in the county of Warren, on the second Mon- 
days of May and October; in the county of Mercer on the 
third Mondays of May and October; in the county of Knox, 
on the fourth Mondays of May and October; in the county 
of Fulton on the first Mondays after the fourth Mondays of 
May and October. 

Sec. 2. All writs or other process which may have been 
issued from any of said circuit courts since the last term of 
the same, or which may hereafter be issued previous to this 
act being received in said counties, respectively, shall be 
deemed, and are hereby, made returnable on the first day of 
the next term of the said circuit courts to be held by virtue 
of this act, and all proceedings, both civil and criminal, which 
are now pending therein, shall be dii^posed of according to 
law, in the same manner as if no alteration had been made 
in the times of holding said courts. 

Approved, March 2, 1839. 



Schujler. 

Brown. 

Adams. 

Hancock. 

McDonough. 

Warren. 

Mercer. 

Knox. 

Falton. 



1e force, Mar. -^^ ^^'^ ^^ relation to the Penitentiary. 

2, 1839. 

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

represented in the General Assembly^ That the first and second 

sections of an act, passed February 9, 1835, entitled "An act 

to amend an act, enliilcd 'An act to regulate the peniten- 

Act repealed, tiary,' '" approved February I9ih, /S33, are hereby repealed. 

Sec. 2. The inspectors of the penitentiary are authorized 

inspectors to g^j^^j empowered to appoint a warden to superintend and 

appoint war- ^^, ,„ . ^^\ mi • i n i 

den, manage the anairs of the same. Ihe inspectors shall have 

Power to re- power to revoke the appointment of the warden whenever, 

voke. in their opinion, the interests of the State shall require it; 

X but, unless so revoked, he shall hold his office for the term 

of two years, and until his successor is appointed and qualified. 



LAWS OF ILLINOIS. 279' 

Sec. 3. For the purpose of preventing the escape of con- 
victs, the warden, with the approbation of the inspectors, , 
may employ three able-bodied and trusty men as prison- Watchmen, 
guards, who shall alternately, under the direction of the war- 
den, guard the prisoners as v^ell by night as by da\. 

' Skc. 4. On failure to realize, from the labor of the convicts When labor jf 
confined in said penitentiary, a sum suthcieni to defray the ^°"^^.^'^^^°°^ 
incidental expenses of the same and support the convicts, ' 

the inspectors shall have power to draw on the Auditor for ^ ^"^^^^^7/ a! - 
sum, not exceeding fifteen hundred dollars per annum, to sup- ditor. 
ply the deficiency. 

Sec. 5. The warden shall receive a salary at the rate of 
one thousand dollars a year, payable, quarterly, out of any ^alary of war- 
money in the treasury not otherwise appropriated; but, if j^"" . 
any convicts shall escape from said penitentiary during his gjjpg^^'^^jfjgn 
continuance in oflice, a deduction of thirty dollars shall be to lose$30Qu 
made from his salary for evei;y convict so escaping. <^^ch. 

Sec. 6. The inspectors shall meet at the penitentiary on 

the first Monday of every month, at such hour as they shall Monthly 

r»-.i "^ . 11 • /■ I • i i ineetmsTS oi 

appoint. They shall appoint one ot their number to act as inspectors. 
secretary, who shall enter, in a book to be provided for the 
purpose, all orders, regulations, and other transactions of the 
board. 

Sec. 7. One of the inspectors, to be designated by the One inspector 
board, shall visit the penitentiary once a week; and each ii>tentiavy once 
specter may visit the penitentiary as often as he shall think a week, 
necessary. 

Sec. 8. At every monthly meeting of the board of inspec- 
i tors, the superintendent shall make a report of the receipts, Report of re- 
I expenses, and condition of the penitentiary during the pre- pend^tures.^^" 
ceding month. 

Sec. 9. The inspectors shall establish and maintain a rigid 
system of police in the penitentiary; and, so far as practi- 
cable they shall prevent any conversation between the con- 
! victs. 

I Sec 10. The inspectors are authorized to furnish, at the Bible to each 
' expense of the State, a copy of the Bible to each convict *^''""^^- 
who is able and willing to read the same. 

Sec 11. The warden is authorized, under the direction of 
! the inspectors, to procure, at the expense of the State, a book 
I or books, in which he shall keep a descriptive list of all the List of con- 
I convicts, staling their age, place of birth, place and time of^^<^^^- 
conviction; crime of which they were convicted; duration 
of sentence; time of reception into the penitentiary; trade, 
business, or profession; former habits of life; whether mar- 
ried or unmarried; and such other particulars as the inspec- 
tors may direct. 

Sec 12. The inspectors are authorized, if, in their opinion, 
the public interest will be promoted thereby, to cause a sepa- 
rate account to be opened by the warden with each convict, 



280 LAWS OF ILLINOIS. 

Extrawoik of in which such convict shall be credited with all the extra 
cre!v/ted ^° ^ work which he may perform, and charged for all the time he ' 
may lose by refusal t.o labor, or miscondnct of any kind. 
Sec. 13. At the close of each week, the warden shall make 
Weekly en- an entry, in a book to be kept for that purpose, of the good 
^^y or bad behaviour of each convict during the week; also, of 

the state of such convict's health, and such other particulars 
as, in the opinion of the inspectors, it may be useful for them 
to know. 

Sec. 14. The inspectors are authorized, if they shall deem 
Convicts may it expedient, to allow compensation to the convicts for work 
oav ^^^^ performed over and above the quantity usually required of 
workmen, such compensation to be applied, under the direc- 
tion of the inspectors, in supplying such convict^! with useful 
reading; to the support of their families, if they have any; 
or it may be placed to their credit, and paid to them when 
they are discharged from the petiitentiary. 
No Inspector Sec 15. No inspector of the penitentiary shall become 
to be interest- pgj.gQj^.^Hy i(jtgj.gg(-^.(j^ either directly or mdircctly, in any 
lease, ^^ °' purchase, sale, lease, or contract of any kind, to be entered 
into by the board of inspectors, on behalf of the State, with 
any person or persons whomsoever, under a penalty of two 
hundred dollars. 

Sec. 16. Before entering upon the duties of their respec- 
Officers to '■'^^"^ offices, the inspectors and warden of the penitentiary 
take oath. shall severally take and subscribe an oath to support the con- 
stitution of the United States and of this State, and faith- 
fully to perform the duties of their respective offices accord- 
ing to law and to the best of their ability. Such oaths may 
be administered by any judge, justice of the peace, or notary 
public, of this State, and shall be transmitted by the inspec- 
tors to the Secretary of State, and filed in his office. 

Sec 17. Each of the inspectors of the penitentiary, before 
Officers' bond, entering upon the duties of his office, shall execute a bond to 
the Governor, for the use of the people of this State, in the 
penal sum of five thousand dollars, w^ith sufficient sureties, 
to be approved by the judge of the second judicial circuit, 
or the judge of the municipal court of the city of Alton, 
with the condition that such inspector shall faithfully per- 
form the duties of his office according to law; which bond 
shall be transmitted, by the inspectors, to the Secretary of 
State, and filed in his office. 

Sec 18. The warden of the penitentiary, before entering 
Bond of war- upon the duties of his office, shall execute a bond to the Go- 
fJen. vernor, for the use of the people of this State, in the penal 

sum often thousand dollars, with sufficient sureties, approved 
by the judge of the second judicial circuit, or by the judge 
of the municipal court of tiie city of Alton, conditioned that 
the said warden shall laithfully and truly perform the duties, 
.of said office according to law. 



LAWS OF ILLINOIS. 281 

Sec. 19. No spirituous liquors shall be given or furnished to Spirituous li- 
any convict, unless prescribed by a physician. quors not al- 

Sec. 20. The inspectors shall have power to increase the "^ 
number of prison-guards when the increased number of con- 
victs shall render it necessary: Provided^ That not more than.Proviso. 
three guards shall be employed, unless the number ot con- 
victs shall amouut to forty. 

Sec. 21. The inspectors of the penitentiary are hereby au- 
thorized, if, in their opinion, the interests of the State will be 
promoted thereby, to lease the penitentiary, and the labor of ^^"itentiary 
the convicts, for a term of years not exceeding three, to some ^^^ 
qualified and responsible person, who shall thenceforth, dur- 
ing the continuance of the lease, be the warden of the peni- 
tentiary, and shall perform all the duties required of that 
officer by law; such lessee being required to furnish all ne- 
cessary food, clothing, and bedding for the convicts; to hire 
all the necessary guards; and, in all respects, to manage the 
affairs of the penitentiary in such a nnanner as best to pro- 
mote the reformation, improvement, and health o^ the con- 
victs: Provided^ That the penitentiary shall not be leased for Proviso, 
a longer term than three years, nor upon any terms which 
will make the penitentiary a cost to the State. 

Sec. 22. No contract shall be enterea into by the inspec- No contract 
tors with any lessee which will restrain or affect the power shall restrain 
of the Executive to pardon any convict confined in the pen- q^^P^^^jT "^^ 
itentiary, or to grant the lessee any remuneration in conse- reprieve, 
quence of the exercise of the pardoning power. 

Sec. 23. No contract which may be entered into by the 
inspectors with any lessee shall be so construed as to inter- 
fere with the right of the State to remove the convicts to 
another building hereafter to be erected; but the right to 
make such removal is hereby reserved, and when such re- 
moval shall have been made, the lease herein provided for 
shall no longer attach to the present penitentiary buildings, 
but shall thenceforth attach and apply to such new peniten- 
tiary. 

Sec. 24. Triplicate copies of such lease =hall be executed Triplicate co- 
by the parties; one copy of which shall be kept by the Jes-P^^^°*^*^'^^®" 
see, one retained by the inspectors, and the other copy shall 
be transmitted by them to the Secretary of State, and filed 
in his office. 

S'^'.c. 25. The person who may become warden of the peni- Warden, by 
tentiary, by virtue of a lease as herein provided, shall be ^'"'"®°^'®*^®- 
required to take an oath of office, and give bond as in other 
cases, but shall receive no salary or other compensation, ex- 
cept such as shall be stipulated in such lease. 

Sec. 26. No lease, entered into by the inspectors in pur- 
suance of this act, shall be transferable by the lessee without 
the written assenc of the inspectors. 



282 LAWS OF ILLINOIS. 

Sec. 27. Before executing any lease of the penitentiary, 
and of the labor of the convicts, the inspectors shall appoint 
a day on whi^:h they will leceive written proposals for such 
lease; and they shall cause four weeks' notice to be given 
of the sanae, by advertisement in the newspapers published 
at Alton, and in the newspaper published by the State printer. 
In deciding upon the proposals received, the inspectors shall 
take into consideration the qualifications and ability of the 
persons otf'cring the same. 

Sec. 28. No warden of the penitentiary, unless he is also 
the lessee thereof, shall become personally interested, either 
directly of indirectly, in any purchase, sale, er contract to 
be entered into by the board of inspectors, on behalf of the 
State, with any person or persons whomsoever, under a pen- 
alty of two hundred dollars. 

Sec. 29. The Governer shall have power to remove from 
office any inspector of the penitentiary, for misconduct or 
long continued neglect of the duties of his office, and to ap- 
point another person to fill the vacancy until the end of the 
next succeeding session of the General Assembly. 

Sec. 30. Whenever the inspectors shall lease the peniten- 
tiary, they shall make an inventory ot all the tools, and all 
the manufactured articles, and raw materials belonging to 
the penitentiary, and fix upon them such prices as in their 
judgment they will readily sell for; a copy of which inven- 
tory shall be signed by the inspectors, and filed in the office of 
the Auditor of Public Accounts. 

Sec. 31. The lessee of the penitentiary may receive such 
property, at said valuation, on a credit of one year, by secur- 
ing the payment of the same. If he declines to "receive it 
on these terms, the inspectors shall have power to dispose of 
such property on the best terms they can procure. 

Sec. 32. If the nspectors of the penitentiary shall fail 
to lease the peitentiary within a reasonable time, they shall 
be authorized to draw on the Auditor of Public Accounts for 
a sum not exceeding three thousand dollars, payable out of 
any money in the treasury nototherwise appropriated; which 
sum shall be applied exclusively to the purchase of mate- 
rials for making barrels and other articles, the manufacture 
of which, at the penitentiary, may be considered by the in- 
spectors advantageous to the State. 

Sec. 33. All laws and parts of laws coming within the 
Laws repeal- purview of this act are hereby repealed. This act shall be 
^^' in force from and after its passage. 

Approved, March 2, 1839. 



LAWS OF ILLINOIS. 283 

AN ACT to amend an act, entitled "An act establishing and regulating j^ f^j-ce Mar. 
the inspection of tobacco in this State," approved January 12, 1829. 2 1839.' 

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

represented in the General Assembly, That if any person shall 

leave, in "any public or private warehouse in this State, any 

property ol" a perishable nature, or vi?hich,if not taken away 

and sold within fifteen months from the time at which such 

property was so left, would not at the expiration of that time 

be worth the charges which should then be due upon such ^^ ™"?^ ^^ 

1 Ti-'i 1 1 1 11 . property maj 

property; and it the charges upon such property shall not be be sold for 

paid, then and in that case it shall be lawful for the occupant charges. 
or occupants of such warehouse to sell at auction, to the 
highest bidder, only so much of such property as will pay 
the charges due, and the expense of selling and advertising 
the same, upon giving not less than three weeks' public no- 
tice of the time and place of such sale, in' two or more news- 
papers published in the town where such warehouse may be 
situated, or the vicinity thereof. 

Sec. 2. That no occupant or occupants of any warehouse 
shall sell any larger amounts of property left in such ware- 
house than will be sufficient to cover the costs and charges 
upon the same. 

Approved, March 2, 1839. 



AN ACT supplemental to an act, entitled "An act to provide for certain j „ ^ 

improvements in Pike county." o"^*! q'qq ^^" 

Sec. 1. .Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of five hun- 
dred dollars, out of the sum directed by the act to which this 
is a supplement, be expended on the road leading from Au- ^,^i^JjJi'^fJ°' 
gusta, in Pike county, via Pittsfield, New Hartford, and Sfronl^Au- 
Atlas, to Burnett's ferry, on the Mississippi river, be, and the gusta. 
same is hereby, appropriated to the improvement of the road 
leading from Philips' ierry to Pittsfield; which sum is in ad- 
dition to the sum heretofore appropriated. 

Sec. 2. That the sum of five hundred dollars, in addition |500 to road 
to the sum heretofore appropriated for the improvement of fro™ ferry, 
the road from Perry to the Illinois river, is hereby appro- 
priated to the further improvement of said road; which sum 
shall be taken from the sum provided by the act to which 
this is a supplement, to be expended on the road from Au- ' 

gusta, via Pittsfield, New Hartford, -and Atlas, to Burnett's 
ferry, on the Mississippi river, any thing in the act to which 
this is a supplement to the contrary notwithstanding. This 
act shall take effect and be in force trom after its passage. 

Approved, March 2, 1839. 



284 



LAWS OF ILLINOIS. 



In force Mar. ^"^ ACT to vacate certain alleys in the town of Tremont. 

2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Atsembly^ That ihe president and 
trustees of the town of Tremont are hereby authorized to 
Trustees may vacate, and permit to be enclosed, any street or alley in said 
vacate street town which may be deemed a nuisance, or be considered use- 
or alley. j^g^^ upon the condition and in the manner following: They 

shall make an order declaring that, unless objection be made 
to the vacating and closing any street or alley as aforesaid, at 
a time to be fixed by the board, that the same shall be va- 
Notice. cated and closed; of the making of which order, notice shall 

be given, by pv sting copies thereof at four pulijic places in 
the town, or publishing the same in a newspaper printed in 
said town, four weeks before the day fixed in the same, for 
hearing objections; and at the day fixed in the order publish- 
ed as aforesaid, the said president and triistecs shall meet, 
and, if no objection is made, they shall make an order de- 
claring the said street or alley to be from thenceforth vacated 
and authorize the occupation thereof by persons owning 
lots on either side thereof. 

Sec. 2. In all cases where lands have been, or may be, 
laid off into town-lots, streets, and alleys, and the plat thereof 
shall have been recorded, before any sale of lots therein, the 
proprietor or owner of the land may, by the execution of an 
instrument in writing, and causing the same to be recorded by 
the recorder of the county in which the plat was recorded, 
declare the said plat to be vacated; which shall operate to 
destroy the force and operation of the recording the plal of 
said town, and divest all public rights in the streets or alleys 
of the same; and plats of towns in which lots have been sold 
may be vacated, in manner aforesaid, by the execution of a 
writing aforesaid by all persons interested therein; but this 
section shall not apply to towns at which county seats have 
been or may be located, and plats of additions to towns maji 
be vacated according to the provisions of this section; but 
nothing in this section shall authorize the obstruction of any 
public road established according to law. 
Provisions Sec. 3. The provisions of the first section of this act shall 

pplytoBloo- apply to the town of Bloomington. 



mington 



Approved, March 2, 1839. 



In force, Mar. AN ACT to authorize, George W. Brinckerhoof and others to establish a 
2, 1839, ferry across Rock river. 

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

Ferry across ^^^i"*"^^^^^^^ "^ General Assembly, That George W. Brincker- 

Rockriver for hoof and his associates, and their heirs and assigns, be, and 

awenty years, they are hereby, authorized to establish and maintain a ferry 

across Rock river, at Rock ford, in the county of Winnebago, 



LAWS OF ILLINOIS. <285 

Ibr and during the term of twenty years from and after the 
, passHge of this act. 

[ Sec. 2. When said ferry is established, it shall and may 
!be lawful for the said George W. Brinckcrhoof and his asso- 
ciates, their heirs and assigns, to demand and receive, from 
all persons crossing said ferry, lor and during the time afore- 
•said, the following rates of leninge, to-wit: For each four Rates of toll. 
!wheolcd wagon [drawn] by two horses or oxen, seventy-five 
Iccnts, and for each additional animal by which the same is 
drawn, twelve and a half cents; for the same, when unload- 
ed, sixty- two and a half cents, and the like sum of twelve and 
a half cents for er.ch additional animal; for each pleasure 
carriage drawn by two horses, aud the driver, seventy-five 
cents; and for each additional horse, twelve and a half cents; 
for each person or single horse, twenty-five cents; for each 
single or led horse, six and a fourth cents; for each head of 
oeat cattle, six and a fourth cents; for each head of sheep, 
^oats, or hogs, two certs: Provided, always^ That no person 
attending the county commissioners' or circuit courts, as a 
member or judge thereof, or as a party to any matter pend- 
,ng in, or any witness or j'lror attending on, said courts, shall 
be taxed ferriage. 

I Sec. 3. The ferry hereby granted shall be in all respects Fen-j, how 
governed by the act, entitled '•'An act to provide for the es- goveVued. 
fablishing of ferries, toil-bridges, and turnpike roads, ap- 
proved, February U*, 1827, except as herein provided. 
! Approved, March 2, 1839. 



AN ACT for the relief of Joseph L. Reynolds. ^^ f^^.^^ ^^^.^ 

2 1839 
Sec. 1. Be it enacted by the People of the State of Illinois, 
fpresented in the General Assembly, That Joseph L. Reynolds 
fe, and he is hereby, allowed eighty acres of land, in Galia- Reynolds, 80 
^n county, out of such saline lands as have been theretofore ?|''g^(j!^J?°'^ 
elected and oficred for sale at fifty cents per acre, which has co,uny,''for 
ot been entered, to remunerate him for his services and the services In 
;)^s of a horse during the ^ac war of eighteen hundred and ^J^.^j^'^j^g^^"'^ 
hirty-two ; and the commi^sioner of said saline land? is 
^ereby authorized and required to issue said iieynolds a cer- 
ific;Ue for the same. 
Apphoved, March 2, 1839. 



AN ACT to improve the navigation of Spoon river. In force. Mar. 

2, 1839. 

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

"presented in the Genenil Assembly, That the Board of Com- 

lissioners of Public Works be, and they are hereby, author- 

:ed and required to cause to be made, as soon as conveniently 



286 LAWS OF ILLINOIS. 

Board Public ^^^y \y^ done, an examination and survey of Spoon river, 

make survey ^''om its junction with the Illinois river to as high a point on 

of Spoon riv- the said river as may be thought to be susceptible of being 

er. made profitably navigable for steam, keel, and flat-Voats, with 

a view of ascertaining the nature and extent of the several 

obstructions to the navigation of the said river, and of esti- 

To estimate mating the probable cost of removing or overcoming the said 

nrovins:^™' obstructions; and that a report and estimate be made, and 

filed in the office of the Commissioners of Public Works, as 

is required by the internal improvement law. 

$5,000 forim- Sec. 2. That the sum of live thousand dollars be, and the 

provement of g^nje is hereby, appropriated, out of the internal improvement 

fund, for the improvement of the navigation of said river, to 

be applied and expended, under the direction of the Board 

of Commissioners of Public Works in such manner as they 

may deem most judicious and proper to carry into effect the ^ 

intentions of this act; said improvements to be commenced at 

the obstructions nearest the mouth of said river, and proceed i 

upwards as far as the sum so appropriated will extend. 

Right of way. Sec. 3. The right of way, and land for the erection of) 

dams, locks, or other necessary appendages to said improve- ' 

ment, shall be obtained in the manner and by the authority ) 

prescribed bylaw, for the time being; and the said Board > 

Water power, ghall have due regard to the greatest and most useful amount 

of water-power to be created by the works they may erect 

for the improvement of the said river, for the use of the State. 

Com'rs of 4th Sec* 4. That the Commissioner of Public Works for the 

fi'l?''ll!^/R-^!i fourth judicial circuit shall, as soon as practicable, cause to be 
vey part of Big J . , ,, , ^ r 1 ti- ^r 

Verujilion. surveyed and examnied all that part ot the Big Vermilion 

river lying below Danville and within this State; and report 
to the next General Assembly the practicability of improving 
the navigation of the same so as to admit of steamboat navi- 
gation thereof; and the cost of such improvement, after pay- 
ing all damages to private property; and, further, what reve- 
nue the State would receive from said work in tolls and water- 
power. 

Approved, March 2, 1839. 



In force, Mar. -^N ACT for the relief of John McMennaway, late sheriff of Macon 
2, 1839. county. 

Sec. 1. Be it enacted by the People of the Stair, of Illinois^ 
rpprescntid in the Genera Assembly^ That the county com- , 
County com- missioners' court of Macon county be, and they arc hereby, | 
nussioners to required to stay execution upon the property of John Mc- { 
tion on prop- Mennaway, late shcriti' of Macon county, for the term of 
crty of late nine months from the fourth day of March next. 
^T^^^iii h" ^^^* "^^ That the said commissioners be, and they are 
accounts. hereby, authorized to settle the accounts of the said John ! 



LAWS OF ILLINOIS. 287 

McMennawaj, on the principles of equity and justice, and 
shall allow him his commission on all taxes heretofore collected 
and paid into the treasury by him; and also allow him lor all Allow for* 
losses sustained by and in consequence of persons not being losses, 
able to pay their taxes: Provided, That no allowance shall be 
made where it is clearly shown that such loss was occasioned 
by the negHgence or inattention of said McMennaway. 
Approved. March 2, 1839. 



•AN ACT to provide for the location of the county seat of Cass county. !„ fo^ce Mar 

2 1839 
Whereas it was provided, by the act for the formation of the 

county of Cass, that, in case the county seat of said county ^'■^^™^^^- 
should be located at Beardstown, the corporation or inhab- 
itants should, within one year after the location, pay into 
the county treasury the sum of ten thousand dollars, to be 
appUed to the erection of public buildings; and whereas, 
by the act passed 21st July, 1837, in relation to said county, 
further time was allowed said corporation to make said 
payment, and the said corporation having failed to pay the 
ten thousand dollars, and not having comphed with, or 
agreed to comply with, the provisions of the last recited 
act, the county commissioners of said county, under the 
provisions of the first recited act, located the county scat 
of said county at Virginia, and contracted for the erection 
of a court house and jail in said county, and doubts being 
entertained as to the true construction of the act last re- 
cited in relation to the rights of said corporation and the 
duties of the county commissioners: Therefore, 
Sec. 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That the county seat of 
. Cass county shall be and remain at Virginia, and the courts County seat 
:of said county shall hereafter be held at that place; and the ^° ^^^' "^^'■■ 
! several county officers who are required to keep their offices ^oimh" Id ' 
at the county seat are required to remove their respective there. 
joffices, and all bonds, documents, books, and papers pertaining 
to the same, to Virginia, on or before the first day [of j May next, 
and thereafter hold and keep their respective offices at that 
iplace; and in case any one or more of said officers shall fail 
,or refuse to comply with the provisions of this act, such officer ^"*-^°*"*'°"°- 
shall forfeit his office. '^ °'^^«'"«- 

Sec. 2. All process issued and notices given by any of 
(the courts or officers of said county, [which] are required by 
law to be made returnable ixt the county seat, shall be deemed 
and held to be returnable at Virginia: and all recognizances 
and bonds entered into in the said county with conditions to 
be performed at Beardstown, as the place of the county seat, 
shall be held and deeme«l as requiring performance at the 
county seat as fixed by this act. 



288 LAWS OF ILLINOIS. 

Questions of Sec. 3. That, in order to settle any and all questions 
settkd"'^^'^""' which may arise as to the forfeiture of office by any officer of 
the raid county of Cass under the provisions of this act, any 
officer failing to comply with the provisions hereof shall be 
liable to indictment for such failure, and, upon conviction, the 
court shall enter judgment of a motion from office, and the 
vacancy occasioned thereby shall be filled ^s though it had 
occurred by resignation. 
Approved, March 2, 1839. 



In force, Mar. An act for the improvement of the Wabash river, and for other purposes. 
2, 1839. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
J)n\.y oi Com- represented in the General Assembly^ That the Commissioners 
missioneis of ^^j- ^^^^ ^q^^iX of Public Works shall cause the improvement 
ruolic Works. ^ ,, . . ,- ,■ t • i «r ■ i i 

ol the navigation ol the Liltlc Wabash river to be. prose- 
cuted as high up as the Cumbeiland load at Ewington, in 
Proviso, Effingham county: Provided the Board of Public Works, 

shall deem it susceptible of advantageous improvement, and 
as much higher up as, in the opinion of the Board, the 
good of tiie State may require; the said improvement to be 
commenced as early as practicable. 

Sec. 2. Br it further enacted, That Hugh McDaniel, Robert 

Toler, and William Farmer, of Clay county, be, and they 

Com'rs to lo- ^^^ hereby, appointed commissioners to view, mark, and 

cate road. locate a State road from Ezra Baker's mills, on the Little 

Wabash river, in Edwards county, on the nearest and best 

route, to Maysville, in Clay county. 

Sec. 3. Said commissioner-, or a majority of them, j-hall 
Time & place meet at Maysville, on the first Monday in June next, and, 
of meeting, after being duly sworn by some justice of the peace of said 
county faithfully to discharge the duties herein required, 
shall proceed to perform the same; and thereupon make re-* 
port of thf^ir proceedings to the counties of Clay and Ed- 
ward?, and Wayne, at. the first meeting of theii several corn- 
missioncis' courts thereafter; and the commissioners' courts 
Road to be of said counties shall cause the said road to be forthwith opened 
opened. ^^^ ke^i in repair as the State roads are. 

Pay of Com- ^^^' '^' ^^^'^ commissioners shall receive a reasonable ccni- 
missioners. pensation lor their services, which shall be paid by each of 
the heforcmenlioned counties, in proportion to the distance 
of the road and the time employed in each county. 

Sec. 5. The county commissioners of Clay county shall 

Bridges to be be authorized and required to build the following bridges in ; 

built in Clay Clay couniy, to wit: Abridge across the Little Wabash,' 

*^"""'3'- where the road leading from Maysville to Chicago crosses the 

same; also a bridge across Big Muddy, on the road leading 

from Mount Carmel to Louisville, in Clay county; also a 

bridge across Fox river, at or near John Matthew's mills, 



LAWS OF ILLINOIS. 

in Clay county; and a bridge across Big Muddy, on the State 
road leading from Elijah Nelson's, by the way of Louisville, 
' to John Orender's, in Clay county: Provided^ in all cases, 
That said bridges shall be so constructed as not in any way 
to interfere with the free navigation of either of the afore- 
said streams or water-courses. 

Sec. 6. Said commissioners shall let out the building ofLettino-of 
said bridges to the lowest bidder, by giving sufficient pi evi- bridges. 
ous notice at what time and place such letting shall take 
place; and take from the contractor a good and sufficient 
bond for the faithful construction of said brido-es. 

Sec. 7. Said commissioners shall pay the expenses of the Expenses of 
constructing said bridges out of any moneys in the treasury bridges, 
of said county not otherwise appropriated.' 

Approved, March 2, i839. 



289 



AN ACT concerning public roads in Schuyler county 

•'J In force, Mar. 

Sec. 1. Be it enacted by the People of the State of Illinois, * ^' ^^^^' 
represented in the General Assembly, That the county commis- 
sioners' court of Schuyler county are hereby authorized to 
change the location of any State road in said county: Pro- 
vided, That no change shall be [made] in any State road, at 
the point where such State road enters other counties, with- 
out the consent of the county commissioners' court of the 
counties into which such roads may enter. 

Approved, March 2, 1839. 



AN ACT to change the time of holding courts in the third judicial In force Jul? 
circuit in this State. I jg3q 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented m the General Assembly, That the terms of the Time of hold- 
courts m the third judicial circuit shall be held, at the seve-i°?: courts in 
ral places of holding courts in the several counties theiein,^';,^/'^"'^ ""- 
at the times following, namely: In the county of Pope, on Pope 
the second Mondays in March and fourth Mondays in August; 
in the county of Gallatin, on the third and fourth Mondays Gallatin 
in March, and the first and second Mondays in September; 
in the county of Hamilton, on the Mondays following; in Hamilton 
the county of Jefferson, on the Mondays following; and in Jefferson ' 
the county of Marion, on the Thursdays thereafter; in the ^ • 
county of Franklin, on the Mondays after the courts in Ma-FmnkKn 
rion; in the county of Perry, on the Mondays following; in p 
Lhe county of Jackson, on the Mondays following; in theJacEon 
:ounty of Union, on the Mondays following; in the county Union 
)f Alexander, on the Mondays following; and in the county Alexander-, 
)t Johnson on the Mondays following. Johnson 



290 LAWS OF ILLINOIS. 

Sec. 2. An act supplemental to the several acts regulating 

J , the circuit courts in this State, in force, January 16, 1836, 

repeae . -^ hereby repealed, except so much thereof as relates to cir- 

Exception, ^.^-^.g ^j^ose terms of holding courts are unchanged at the 

present session of the General Assembly. This act to be in 

force from first of July, 1839. 

Approved, March 2, 1839. 



In force, Mar AN ACT to amend an act, entitled "An act to locate a State road from 
2 1839. Indiana line, northwest, in a direction to Mineral Point." 

Sec. 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly^ That Charles Reed, of the 
county of Will, and Alvah Trask and Michael Shoup, of the 
county of Winnebago, be, and they are hereby, appointed 
Oom'rsto fin- commissioners to finish the location of the State road from 
of road. ^*'" the west line of Will county to the county seat of Winne- 
bago county. 

Sec. 2. Said commissioners, or a majority of them, shall 
Time& place meet at the town of Aurora, Kane county, on the first day of 
of meeting, jyjj^^^ qj. g^^^e day there.ifter, and, after having been duly 
sworn by some justice of the peace faithfully to perform 
their duties, shall commence at the west line of Will county, 
where the said State road strikes said line, running thence 
to the several points specified in the act to which this is an 
amendment, approved March 1, 1837. 

Sec. 3. Said commissioners shall, as soon as practicable,, 
Report. make a report in conformity to the act to which this is an 

amendment. 
Actsrepealed. ^Ec. 4. All acts and parts of acts coming within the pur- 
view of this act are hereby repealed. This act to be in force 
from and after its passage. 
Approved, March 2, 1839. 



In force Mar. ^N ACT to authorize the reprinting of certain laws of this State. 
2, 1839. 

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

Jhity of Sec'>y 1-epresented in the General Assembly^ That the Secretary of 

of State. gj-ate be, and he is hereby, authorized to cause so much of 

Justices' laws the laws of this State as relates to the duties of justices of the 

to be printed, peace to be reprinted, and distributed, with the laws of the 

present session of the General Assembly, to such counties in 

this State as have not been supplied with the Revised Laws; 

and that the acts of incorporation, passed at the present ses- 

Incorporation sion, be printed separately, and not bound; and that only 

laws. gyg hundred copies of said acts be printed for distribution 

among the several counties in this State. 

Approved, March 2, 1839. 



LAWS OF ILLINOIS. gg£ 

AN ACT to amend the several Ly^s in relation to appeal bonds and the In force, June 
trial of appeals. j joV 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the condition of 
appeal bonds, executed upon the taking appeals from judg- 
ments of justices of the peace to the circuit court, shall be, that 
the appellant will pay and satisfy whatever judgment may be 
rendered by the circuit court upon the dismissal or trial of the 
appeal. 

Sec. 2. One or more plaintiffs, or defendants, in causes de- Right of an- 
cided by justices of the peace, shall be allowed the right of peal. 
appeal to the circuit court, without the consent of the others; 
and when one of several appeals, the supercedeas shall issue 
directing a suspension of all further proceedings upon the 
judgment, as though all had joined in the appeal. 

Sec. 3. When an appeal bond shall be executed by one Appeal bcod 
ot several parties to a judgment of a justice of the peace, the Judgment 
clerk of the circuit court shall issue a summons against the other 
parties, notifying them of the appeal in the said circuit court, 
and requiring them to appear and abide by and perform the 
judgment of the court in the premises; which summons shall 
be served as other process issued in appeal cases; and in case 
such summons shall be returned that parties are not found, the 
cause shall, at the first term of the court, be continued, but, at 
the second term, shall be tried ; and the court shall have power 
to give the same judgment in appeals taken under the provi- 
sions of this act as though all the parties to the judgment had 
joined in the appeal, ^ 

Sec 4. Upon the trial of all appeal cases before the cir- Suits, whaa 
cuit court, no exception shall be taken to the form or service dismissed 
of the summons issued by the justice of the peace, or to any 
proceedings before him; but the court shall try the cause upon 
its merits, and, in all cases of appeals from a justice of the 
ipeace, shall give judgment according to the rights of the par- 
ties, unless it shall appear, from the evidence, that the justice 
,had no jurisdiction of the subject matter of the suit; in whirh 
case the suit shall be dismissed at the cost of the plaintiff. 
This act shall take effect on the first day of June next. 
Approved, March 2, 1839. 



AN ACT to authorize Hardin Porter and Eli Gholson to build a mill-dam, t„ f„. m 
and for other purposes. ' *° 7'!?^''*'*'' 



4, 1839,. 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Hardin Porter 
and Eh Gholson be, and they are hereby, authorized to con- „.,. . 
struct a mill-dam across the North fork of the Saline, on sec- 
tion fifteen, in township seven south, range seven, 'ast oi the 
third principal meridian: Provided, That the said Porter and Proviso 



292 LAWS OF ILLINOIS, 

Gholson shall own the lands on both sides of the stream where 
Furtherpro^'i- said dam shall be constructed: And provided, further^ That - 
80- should any individual sustain damages by the overflowing of 

Damages. ^j^^ banks of said stream, occasioned by the construction of 
said dam, the said Porter and Gholson shall be liable for the 
same. 
Com'js of Sec. 2. That the county commissioners' court of HamiJ- 

ma^ borrow* * **^" county is hereby authorized to borrow, of her part of the 
money. two hundred thousand dollars appropiiated, by the "Act to 

establish and maintain a general system of internal improve- 
ment," to the counties through which no raihoad is construct- 
Amount. ed by the State, the sum of two thousand dollars, for the pur- 
pose of building a court house at the county seat of said county, 
to be reiunded out of the county treasury when needed; and 
and when so refunded, in part or in whole, to be applied to 
the purposes for which it was intended by the act by which it 
was appropriated. 

Approved, March 4, 1839. 



RESOL.UTIONS. 



JOINT RESOLUTIONS in relation to the grant of lands by Congress in 
aid of the internal improvement system of Illinois. 

Whereas the General Assembly of the State of Indiana, at Preamble 
their present session, adopted a joint resolution requesting 
their Senators and Representatives in Congress to use their 
influence to procure the passage of a law of Congress, 
granting to the said State of Indiana a portion of the vacant 
lands lying on the route of the Mount Carmel and New 
Albany railroad, in that State, in aid of the construction of 
the said railroad; and whereas this joint resolution of the 
liCgislature of Indiana has been laid before the Senate of 
the United States, and ordered to be printed, and the pro- 
position conitained in it has met with the favorable consid- 
eration of that body; and whereas the Committee on Pub- 
lic Lands, in the Senate, have reported a bill for an act to 
grant to the said State the alternate sections of vacant land 
lying within six miles on each side of the route of said 
road, amounting to about two hundred and twenty thousand 
acres ; and whereas this manifestation, on the part of Con- 
gress, favorably to entertain this request on the part of Indi- 
ana, is calculated to encourage the Legislature of Ilhnois 
to make a similar reasonable request of Congress in aid of 
the great system of internal improvements in this State, in 
the prosscution of which large quantities of the refuse lands 
of the General Government will be increased in value and 
brought into early market: Therefore, 

Resolved by the General Assembly of the State of Illinois, Instructinas™ 
That our Senators and Representatives in Congress be re- 
quested to use the influence of their stations to procure the 
passage of a law of Congress granting to the State of Illinois 
a portion of the vacant lands along the routes of the several 
railroads of this State, in aid of their construction. 

Resolved, That the Governor be, and he is hereby, request- 
ed to transmit a copy of this preamble and joint resolution to 
each of our Senators and Representatives in Congress. 



:2©4 RESOLUTIONS. 

JOINT RESOLUTION in relation to the easterly division of the Peoria 
and Warsaw railroad. 

foTm ^'T^'^ Resolved by the General Assembly, That the Board of Com- 
FaraSij^ron. ^issioners of Public Works be, and thcj are hereby, author- 
ized and empowered to locate and construct the Peoria and 
Warsaw railroad via Farmington, in Fulton county, should 
the said Bor.rd deem it expedient for the interest of the State, 
and for the convenience and accommodation of the community, 
so to do. 



JOINT RESOLUTION in relation to portraits of Washington and La 
Fayette. 

Resolved by the Honse of Representat{vesy{the Senate concur- 
ring herein,) That the Governor be, and he is hereby, author- 
J^imtj ofGov.jzed and requested to procure full length painted portraits (to 
be painted by an Amierican artist) of the fojlowing named 
benefactors of mankind, to be suitably framed, and placed in 
the hall of the House of Representatives, when completed, viz: 
George Washington and Gen. La Fayette 



PREAMBLE AND RESOLUTIONS relative to pubKc depositee. 

Pif^tmlble. Whereas, by the act of Congress regulating the deposite of 
the public money in State Banks, approved June 23, 1836, 
it was provided that at least one bank should be selected in 
» each State or Territory, if any such existed willing to be 

employed as a depository of the public money, and whereas 
there are two banks in Illinois, both of them solvent and 
safe, neither of which is now employed as the depository of 
the public money collected in this State; and whereas the 
money so collected in Illinois is deposited in the State Bank 
of Missouri, to the manifest injury of our banks and the peo- 
ple of the State : and whereas the Secretary of the Treasury, 
under the provisions of the act of 1789, has selected many 
banks which would have been excluded from the benefits 
of the deposite act of 1836, as depositories of the public 
money, which said banks, in common with our own, could 
not have been selected as depositories of the public monej 
under the provisions of the act of 1836: 
Be it resolved by the General Assembly of the State of Illinois, 
(nHtiQctions. That our Senators be instructed, and our Representatives re- 
quested, to use every effort necessary to obtain the deposite 
of the money of the General Government, collected in this 
State, in the banks of this State, so long as the State Bank 
deposite system shall be continued : Provided, That we do 
not intend to express, by this resolution, any opinion of 



RESOLUTIONS. 295 

this Legislature, either in relation to the Sub-treasury system, 
or the chartering of a National Bank, or of the State Bank 
deposite system. 

Resolved, That if any change, by law, be made in the plan 
of depositing the revenue in banks, that our Senators be in- 
structed, and our Representatives requested, to provide by 
law for the deposite of all the revenue, collected in this State, 
in the banks of this State, so long as banks may be used as 
the fiscal agents of the Government. 

Resolved, That we deprecate any policy which gives to 
banks similarly situated with our own the deposite ofthe pub- 
lic revenue, whilst the same benefit resulting from the de- 
posite system is not extended to our own banks. 

Resolved, That the Governor be requested to transmit a 
copy of the foregoing preamble and resolutions to each of our 
Senators and Representatives in Congress. 



RESOLUTION in relation to granting pre-emption rights. 

Resolved by the House of Representatives, (the Senate concur- Instructions 
ring herein,) That our Senators in Congress be, and they are 
hereby, instructed, and our Representatives in Congress be 
requested, to use their best exertions to procure, at the pres- 
ent session of Congress, the passage of a law by that body 
establishing a permanent system of pre-emption rights, by 
which the actual settler upon the lands of the Government of 
the United States shall have the exclusive privilege of pur- 
chasing, at Congress price, any quarter section of land upon 
which he may have made an improvement: also, that they 
use their exertions to procure the passage of a law providing 
that the public lands hereafter be sold in limited quantity to 
actual settlers only, and that a reasonable time be allowed 
such settlers to pay for the same. 



RESOLUTION asking of Congress a bounty to soldiers of late war. 

Resolved by the House of Representatives, (the Senate concur- Instructions . 
ring herein,) that our Senators in Congress be instructed, and 
our Representatives requested, to use their exertions to secure 
the passage of a law granting, to the volunteers and militia in 
the late war with Great Britain and the Indian tribes, a bounty 
in land. 

Resolved, That we most cordially beheve it is due from the 
Government to the soldier, to give him a home on the land 
which his valor has maintained. 



•296 RESOLUTIONS. 

PREAMBLE AND RESOLUTIONS in relation to the establishment of a 
Surveyor General's office in the State of Illinois. 

Preamble. Whereas the State of Illinois is essentially an agricultural 
State, and the greater proportion of her inhabitants are 
deeply interested in every thing relating to the security and 
permanency of our land titles; and rohereas the surveys of 
the lands in this State have been effected by an officer of 
the General Government, whose office is in another State, 
and over vrhom our courts of justice have no control; and 
I whereas there is but a single complete copy of the original 

field-notes and plats of these surveys now in existence, by 
which the metes and bounds of our lands are to be ascer- 
tained, and their location identified; and whereas these field- 
notes and plats are constantly liable to be lost or destroyed 
by fire, abrasion from constant use, their corrosion by time, 
bad ink, and the various accidents to which pamplets and 
loose papers are constantly liable — many of which are now 
almost illegible; and whereas it frequently occurs, in the 
legal investigation of the titles to our lands, in our courts 
of justice, that certified copies of these field-notes are re- 
quired as evidence; and whereas these field-notes and plats 
are beyond the control of the civil authorities of this State, 
and have to be procured by the parties litigant, at great 
expense of time and money, before they can with safety 
go to trial; and whereas we have heretofore indulged the 
well-founded hope that a Surveyor General's office would, 
before this time, have been established in this State by 
the General Government for completing the survey of our 
lands; and whereas these just expectations, so long and fond- 
ly indulged, are likely to be blasted, as appears by the 
recent recommendation of the Commissioner of the Gene- 
ral Land Office a^ Washington to the chairman of the Com- 
mittee on Public Lands, dated June 20, 1838, and also to 
the Hon. Pv. M. Young, dated January 3, 1839, in both of 
which he urges the necessity of attaching the State of Illi- 
nois to the Iowa and Wisconsin surveying district, the office 
of which is estabUshed at Du Buque, in the Territory of 
Iowa, for the more speedy survey of the lands in the State 
of Illinois; and whereas, by the removal from St. Louis, in 
the Stale of Missouri, of the original field-notes and plats 
of our lands to a Surveyor GcneraPs office atDu Buque, in 
the Territory of Iowa, would make these necessary papers 
more inaccessible to our courts of justice — a measure direct- 
ly opposed to the best interests of the State, and subversive 
of her best rights and reasonable expectations; and whereas 
it is of the utmost importance to the interests of this State to 
have the original field-notes and plats of survey on which 
the titles of our lands are founded and their location ascer- 
tained, recorded and kept within this State, and always ac- 
cessible to our courts of justice, placed as far as possible 
beyond the reach of accidents or loss: Therefore, 



RESOLUTIONS. 297 

Resolved^ unanimously^ by the Senate and House of Represen- Instructions. 
tatives, That our Senators in Congress be instructed, and our 
Representatives requested, to use their utmost exertions to 
procure the passage of a law establishing a Surveyor Gene- 
ral's office in this State. 

Resolved, That the Governor be requested to forward copies 
of the foregoing preamble and resolution to each of our Sena- 
tors and Representatives in Congress, and to the Commis- 
sioner of the General Land Office. 



JOINT RESOLUTIONS in relation to the proposed connection of cer- 
tain canals in Indiana and Illinois. 

Whereas the States on the Atlantic, in common with those Preamble, 
of the great interior of the West, feel a deep and common 
interest in the construction of lines of inter-communication * 

from the seaboard to the Mississippi river; and whereas the 
State of Indiana has embarked in carrying out these na- 
tional enterprises, with a magnanimity of design and effi- 
ciency of execution that reflects infinite credit on her State 
character: 

And whereas the State of Illinois views, with peculiar satis- Further pre- 
faction, the liberality with which the State of Indiana has amble, 
concurred in all the propositions made by Illinois to cement 
the bonds of union which should un.ite two States whose 
interests are so closely allied, by authorizing connections 
with her lines of improvement: Therefore, 

Resolved by the General Assembly of the State of Illinois, jjggQjytJon 
That the passage of the act of the General Assembly of In- concerning 
diana, at their late session (of which official information is --ct of India- 
received) authorizing a connection of the Erie and Michigan "^■ 
canal of Indiana with the Illinois and Michigan canal of Illi- 
nois, thereby forming a continuous line of canal navigation . 
from Lake Erie to the navigable waters of the Mississippi 
river, is recognized by this General Assembly as another 
magnanimous manifestation, on the part of Indiana, of her 
settled disposition to identify the best interests of the two 
States, and to promote their common and the national weal; 
and is most cheerfully reciprocated on the part of Illinois. 

Resolved, That the Governor be requested to transmit a 
copy of this preamble and resolutions to the Governor of In- 
diana, with a request to lay the same before the Legislature ^ 
of that State. 



298 



RESOLUTIONS. 



Preamble. 



Petition for 
mail route 
from Carlyle 
to Cairo. 



PREAMBLE AND RESOLUTIONS for the establishment of a mail route 
from Carlyle to the mouth of the Ohio river. 

Whereas it is ascertained, to the satisfaction of this General 
Assembly, that, at certain seasons of the year, a great 
number of the largest boats that navigate the Ohio and 
Mississippi rivers are compelled to remain at the mouth of 
the Ohio on account of the ice in the Mississippi and the 
low water in the Ohio; and whereas it is also true that 
the country in. the southern part of the State is fast popu- 
lating and improving, and is as deserving of the favorable 
consideration of the General Government, in relation to 
mail facilities, as other sections of the State where stages 
are running: Therefore, 

Resolved by the People of the State of Illinois^ represented in 
the General Assembly, That the said General Assembly do 
respectfully petition the Government of the United States to 
establish a mail route in the said State of Illinois, commencing 
at Carlyle, passing Nashville, Pinckneyville, Brownsville, 
Jonesboro and Unity, to the mouth of the Ohio river; and 
to have on the said route stages to run as frequent as the 
public good may require, and to be drawn by two or four 
horses, as may be necessary; and that the abovenamed im- 
provement of mail facilities is no more than other sections of 
the State enjoy. 

Resolved, That the Governor of the State transmit copies 
of this preamble and resolutions to each of our members in 
Congress; and that they be requested to use their best exer- 
tions to have the same carried into effect. 



Instructions 

concerning 

surveys. 



RESOLUTION in relation to unsurveyed lands in Illinois. 

Resolved by the House of Representatives, (the Senate con- 
curring herein,) That our Senators in Congress be instructed, 
and our Representatives requested, to use their best exertions 
to procure an appropriation sufficient to put all the unsurvey- 
ed lands in the State of IlHnois under mmec/m^e contract; and 
that they urge on the Commissioner of the General Land 
Office the necessity of prompt attention to this subject, in order 
that the numerous settlers thereon may be enabled to pur- 
chase the land on which they reside. 

Resolved, That the Governor of the State be requested to 
forward a copy Of the foregoing resolution to each of our 
Senators and Representatives in Congress, and to the Com- 
missioner of the General Land Office. 



RESOLUTIONS. 299 

RESOLUTIONS in relation to the survey of the Northern and Western 
lakes. 

Resolved hy the Senate and House of Representatives^ That Instructions 
our Senators and Representatives in Congress be requested to gu"v^eTof°^ 
procure the passage of a law or resolution bj Congress at its lakes, 
present session, directing a survey of the navigable waters of 
the northern and western lakes, together with the navigable 
rivers flowing into, connecting and flowing out of, the same, as 
soon as may be compatible with the convenience of the War 
Department, and that a chart be made of the same [for the 
benefit of the commerce of those lakes. 

Resolved, That the Governor be requested to transmit copies 
of these resolutions to each of the Senators and Representa- 
tives in Congress from the State of Illinois. 



PREAMBLE AND RESOLUTIONS relative to surveying and sub-divid- 
ing township five north, range fourteen west. 

Whereas the General Government, in surveying and sub- Preamble, 
dividing the lands on the Embarrass river, omitted to sub- 
divide township five north, range fourteen west, or any part 
thereof, considering and returning the whole of said town- 
ship as inundated and drowned land, in which situation it 
still remains, a part of which may be cultivated, and is now 
prrtially settled ; and whereas it is highly important to the 
settlers on said township, that the same should be surveyed 
and disposed of, and they secured in their homes, and the 
improvement of said river is of great interest to the citizens 
who have purchased the lands on and near the same, to 
enable them to transport their surplus produce, &c. : There- 
fore, 

Resolved hy the General Assembly of the State of Illinois, Instructions 
That our Senators in Congress be instructed, and our Repre- concerning 
sentatives requested, to use their best exertions to have a law^^^^^^^ ^^ 
passed by Congress donating said township of land to the west. 
State, authorizing the State to survey and sell the same, the 
avails thereof to be applied exclusively to the improvement of 
said Embarrass river. 

Resolved, That the Governor be requested to transmit a 
copy of the foregoing preamble and resolution to each of our 
Senators and Representatives in Congress. 



300 , RESOLUTIONS. 

JOINT RESOLUTION requesting the passage of a law by the Legislature 
of Indiana, in relation to the extension of certain railroads of Illinois 
into the territory of Indiana. 

3L.egislature of Resolved hy the General Assembly of the State of Illinois^ Thai 

Indiana re- the Legislature of the State of Indiana be requested to pass a 

"^a^r^ la° law, at its present session, declaring at what points the State of 

naming the Indiana will meet the State of Illinois, at the line dividing the 

points for the two States, in the construction of the easterly ends of the 

Nor!hefn°^ Northern Cross railroad and the Alton and Shelbyville rail- 

CJross railroad road in Illinois, to the end that the State of Illinois may meet 

the State of Indiana in the construction of the said works, 

and their continuation of the said works to the interseciion of 

the Erie and Wabash canal in Indiana; and, also, that the 

Legislature of Indiana provide in said act that, if the State of 

Illinois deem it proper to construct such connection from tbe 

State line to the said canal, herself, and on her own account, 

the right of way for such construction be indefeasibly granted 

to her: Provided said State of Illinois elect to do so during 

the present session of her Legislature. 

Resolved^ That the Governor be requested to transmit the 
above resolution to the Governor of the State of Indiana, with 
a request to lay the same before the Legislature of that State, 
now in session. 



JOINT RESOLUTIONS relative to the purchase of public lands. 

State pro- Resolved hy the General Assembly of the State of Illinois^ 

poses to pur- That the said State propose to purchase, of the Government 
State's ^aTun- ^^ ^^^ United States, all the lands not sold or otherwise dis- 
sold land in posed of within the limits of said State, at the rate of twenty- 
the State. five cents per acre, to be paid (unless otherwise agreed upon) 
at such time as the said Government of the United States 
shall deliver over, to the authorities of the said State of Illi- 
nois, all the plats, field-notes, &lc. &lc. pertaining to the sur- 
vey of said lands. . 

Resolved,, That the faith of the said State of Illinois is 
hereby irrevocably pledged to, carry into effect the foregoing 
proposals, if the Government of the United States shall ac- 
cept the same within two years from the passage hereof. 

Resolved,) That our Senators in Congress be instructed, 
and our Representatives requested, to use their best exertions 
to procure the passage of a law or resolution of Congress 
accepting the foregoing proposal. 

Resolved, That the Governor be requesed to transmit a 
copy of the foregoing resolutions to each of our Senators and 
Representatives in Congress. 



REPORT 



AUDITOR OF THE STATE OF ILLINOIS 



THE GENERAL ASSEMBLY, 



DECEMBER, 1838. 



Auditor's Office, Illinois, 

Vandalia, December 12^ 1838. 
Sir: In pursuance of the ninth section of "An act to consoHdate the 
acts relative to the Auditor and Treasurer, and election of Attorney 
General," I have the honor to submit to the General Assembly the 
following report. 

I am, very respectfully, sir. 

Your obedient servant, 

LEVI DAVIS, 
Auditor of Public Accounts, 
To the Hon. the Speaker of the Senate, 



303 



AUDITOR'S REPORT. 



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304 



AUDITOR'S REPORT. 



Amount of wrtrrants cirawn upon the State Bank, from the 30th day of 
June, 1837, to the \st day of December, 1838, for the current expenses 
of the State, and charged to the following accounts, viz: 



To what charged. 



Special appropriations 

Interest on school, college, and seminary fund 

Circuit attorneys - _ . 

General Assembly . - 

Money refunded 

The Judiciary 

The Secretary of State 

The Militia 

Incidental expenses - - - 

The Attorney General . . - 

Penitentiary Inspectors - - - 

Auditor of Public Accounts 

The Treasurer . _ . 

Warden of the Penitentiary 

Appropriations to counties 

The Governor - - - 

Public printing . . 

Counties in the Military Tract 

Taxes refunded on lands redeemed 

Appropriations for State house at Springfield 

Distribution of laws and journals - 

Incidental expenses of the Penitentiary 

Superintendent of the Penitentiary 

Appropriation for killing wolves 

The contingent fund - - - 

Fund Commissioners - _ - 

Interest on State paper stock redeemed 

Redemption money . _ . 

Slate paper stock redeemed 

Canal fund . . , . 



Amount due the bank on the 30th day of November, 1838 
To this sum, add the amount of outstanding warrants against 
the bank on the 30th day of Nov. 1838 

Balance against the treasury on the 30th November, 1838 



526,978 00 



.$19,009 25 
1,224 52 



AUDITOR'S REPORT. 3O5 

Present resources of the State. 

Amount due the State from the citizens of Springfield at 

this date - - - - . . ^Q^QQQ 60 

Amount due from Revenue Collectors at this date - 8,459 41 

AmountduefromClerksonthefirstMondajof April, 1839, 34'849 63 
AmountduefromSheriffson the firslMonday of March, 1839, 6^687 74 
Amount due from the Bank of Illinois on the 1st Jan'y, 1839, 

, (^aj) - 6^981 01 

Amount due from the State Bank of Illinois for half per cent, 
on amount of capital stock and semi-annual dividend on 
|100,000 of stock due on 1st January, 1839, (say) - 12,000 00 

Total amount ...... |85,64445 

A statement of the present condition of School, College and Seminary Fund. 

Amount of school fund on the 30th day of June, 

. , 183^ - - . . 1257,235 07 

Amount received into the treasury on the 22d 

July, 1837 .... 13,433 33 

Amount received into the treasury on the 26th 

January, 1838 - - . 8^416 gg 

Amount of surplus revenue which was constitu- 
ted a part of the school fund by an act of the 

Legislature, approved 25th February, 1837 335,592 32 . ^ 

1614,677 38 

Amount of college fund on the 30th June, 1837 51,450 99 

Amount received into the treasury on the 22d 

July, 1837 - . . . 2^666 gg 

Amount received into the treasury on the 26th 

January, 1838 - . . . i,683 33 

A . r • r . 55,800 98 

Amount 01 seminary fund - - . 49 3Qg 05 

Total amount of school, college, and seminary fund - $719 784 61 

There has been no school fund received from the General Govern- 
ment since the 26th day of January, 1838, and none received on account 
of the amount due for the years 1837 and 1838. What amount is now 
due, I am not in possession of the means of ascertaining; but as large 
quantities of the public lands have been sold within the two past vears 
the sum due the State must be considerable. About two weeks since' 
a patent was received from the General Government for eleven and one- 
half sections of seminary lands, to complete the quantity granted in 
heu of the township surrendered by the act of 1831. There is yet due 
the State seven sections, to complete the quantity of seminary land 
granted by the act of Congress of 1818. 



20 



306 



AUDITOR'S REPORT. 



A Statement of the amount drawn from the Treasury, on account of the Contin- 
gent Fund, from June 30, 1837, to December 1, 1838. 



To whom 



To warrants to William James, in full for 450 
bushels of lime furnished for plastering lower 
rooms of the State house . - > 

To warrants to John F. Maddox, in full for plas- 
tering two rooms of the State house for 
public offices - - - _ 

To warrants to A. and H. Lee, in full for finish- 
ing the joiner work of one room in the State 
house for Supreme Court - - . 

To warrants to John D. Whiteside, Treasurer, 
in full for his expenses in going to and return- 
ing from Springfield on official business 

To warrants to John D. Whiteside, in full for 
carrying writs of election to the counties of 
St. Clair, JVladison and Monroe. 

To warrants to Winslow Pilcher, in full for 
cleaning out Senate chamber, and hall of 
the House Representatives - - - 

To warrants to S. M. Bartlett, in full for pub- 
lishing Governor's proclamation, offering a 
reward for the apprehension of certain fugi- 
tives from justice, and proclamation con- 
cerning canal lands - - - - 

To warrants to S. H. Davis, in full for publish- 
ing Governor's proclamation and an act 
concerning trespasses on canal lands 

To warrants to William Hodge, in full for 500 
copies "Free Press," containing the Govern- 
or's proclamation convening the Legislature, 
and also for work done in taking down and 
removing fixtures in Secretary's office 

To warrants to Enoch Luckej, in full for his 
expenses in arresting Johnson, Arheart, and 
Elliott, prisoners who escaped from the jail 
of Madison county - - - - 

To warrants to Levin Lane, in full for his ser- 
vices as a messenger to the Governor of Indi- 
ana, to demand a fugitive from justice 

To warrants to Wm. Reaves, in full for his ser- 
vices as an express to the county of Adams, 
with a writ of election . . - 

To warrants to Eleanor Hall, in full for 100 
bushels lime, furnished for plastering rooms 
in the State house for the use of Treasurer 
and Clerk Supreme Court - 



AUDITOR'S REPORT. 

Contingent Fund — Continued. 



' 307 



Date. 



1837. 

August 29 



Sept 2 
9 



To whom paid. 



To warrants to A. Johnson, in full for finishing 
room in State house for use of the Treasurer 
To warrants to William Linn, in full for plank 
furnished for lathing rooms in State house 
for use of Treasurer and Supreme Court - 
To warrants to W.Young, in full for plastering 
rooms in State house for Treasurer, &c. 
19 To warrants to Levi Davis, in full for expenses 
in going to Edwardsville and Belleville on 
official business - - . _ 

October 2 To warrants to Abner Johnson, in full for his 
services as a messenger to the acting Gover- 
nor at Carmi - . . _ 
21 To warrants to L. O. Shrader, in full for his 
services as an express to certain counties 
with writs of election 
To warrants to George H. Norris, in full for 
publishing Governor's proclamation and act 
concerning trespasses on canal lands 
To^ warrants to Brooks & Co. in full for pub- 
lishing Governor's proclamation convening 
Legislature - - 
To warrants to Stout & Johnson, in full for 
bindmg laws and journals of Congress, fee 
for Secretary's office - - . 
To warrants to James M. Morse, in part for his 
services as a messenger to the Executive of 
Arkansas, to demand a fugitive from justice 
To warrants to B. Buckmaster, in full for 1000 
shingles for covering cupalo of State house 
To warrants to W. L. Graves, in full for work 

done for Secretary's office - 
To warrants to John Hogan &; Co., in full for 

freight and storage on cannon, &c. 
To warrants to L. Davis, in full for his expenses 

in going to Alton on official business 
To warrants to Franklin Witt, in full for his 
services in carrying delinquent lists to coun- 
ties on the Military Tract - 
To warrants to A. Johnson and W. L. Graves, 
in lull for work on cupola of State house - 
To warrants to N. H. Ridgely, in full for pro- 
curing an engraving for canal bonds, and 550 I 
impressions of the same 

To warrants to Wm. Linn, in full for lumber 
furnished for cupalo of State house 



Nov. 11 
24 



12 



22 
25 



1838. 
Jan. 16 



Amount. 



$36 50 

34 34 

227 25 

25 00 
36 00 

140 00 

25 50 

5 00 

350 50 

150 00 

4 00 

15 12 

57 10 
20 00 

35 00 

69 40 

433 00 
25 99 



308 



AUDITOR'S REPORT. 
Contingent Fund — Continued. 



Date. 

1838. 
Jan. 29 

April 16 



26 

July 2 

August 8 
October 3 

16 

Nov. 3 

6 
13 

23 

27 
28 



To whom paid. 



To warrants to Doolittle and Munson, in full 
for State seal .... 

To warrants to J. M- Morse, in full for his ser- 
vices and expenses in going as an express to 
the Lieut, and acting Governor at Carnni 

To warrants to E. J. Rice, in full for going to 
Jacksonville, as an express to the Governor, 
by order of the Secretary of State 

To warrants to Johnson & Curlee, in full for 
door for Supreme Court room in State house 

To warrants to James M. Morse, in full for ser- 
vices and expenses in going as a messenger 
to the Governor of Arkansas to demand H. 
Brackin, a fugitive from justice 

To warrants to the Commissioners of Public 
Buildings, in full for allowance made by the 
Governor to aid in building the State house 
in Springfield .... 

To warrants to J. M. Lucas, in full for publish- 
itjg Governor's proclamation for the appre- 
hension of Silas A. Rude and Jos. Evans, fu- 
gitives from justice - - - - 

To warrants to McConnel, Ormsbee & Co., in 
full for freight paid by them on cannon be- 
longing to the State . . . 

To warrants to J. M. Morse, in part of his ac- 
count for plastering legislative halls, as per 
contract made by order of the Governor 

To warrants to T. B. Hickman, in part for work 
done on State house, as per contract 

To warrants to W. H. Olvey, in part for paint- 
ing Senate chamber and hall House of Reps. 

To warrants to E. Capps, in full for paints fur- 
nished for painting Senate chamber and hall 
of the House of Representatives 

To warrants to T. B. Hickman, in full of his 
contract for work done on State house by or- 
der of the Governor . . _ 

To warrants to W. H. Olvey, in full for paint- 
ing Senate chamber and hall of the House of 
Representatives . . . . 

To warrants to R. Goudy, in full for services 
and expenses as a messenger from the Gov- 
ernor at Jacksonville to Vandalia 

iTotal amount of the contingent fund 



AUDITOR'S REPORT. 



309 



A Statement of the amount to be apportioned to the several counties on the 
1st day of January, 1839, from the interest on the School, College, and 
Seminary Fund, for the year 1838. 



Counties. 


Amount. 


Counties. 


Amount. 


Adams 


|l,150 79 


Madison 


|1,342 65 


Alexander - 


334 74 


Morgan and Cass 


3,098 03 


Bond 


611 U 


Monroe 


420 37 


Cl^^Tk 


555 44 


Montgomery 


621 51 


Cook 


1,305 88 


Marion 


469 18 


Crawford 


576 75 


Macon 


501 83 


Clinton 


425 20 


McLean 


883 11 


Coles 


870 59 


McDonough - 


475 52 


Clay 


236 29 


Mercer 


80 03 


Champaign - 


172 35 


Macoupin - 


904 65 


Calhoun 


170 49 


Pope 


594 81 


Edgar 


1,135 19 


Pike 


1,003 24 


Edwards 


326 07 


Peoria 


473 65 


Effingham - 


181 94 


Perry 


368 81 


Franklin 


922 37 


Putnam and Bureau - 


570 47 


Fulton 


960 71 


Randolph 


882 03 


Fayette 


619 05 


Rock Island - 


87 37 


Gallatin 


1,240 08 


Sangamon - 


2,881 46 


Greene 


2,038 79 


Saint Clair - 


1,400 11 


Hancock 


523 92 


Shelby 


. 825 43 


Hamilton 


469 39 


Schuyler 


1,017 20 


Iroquois 


186 47 


Tazewell - 


903 07 


Johnson 


362 56 


Union 


709 69 


Jefferson 


587 94 


Vermilion - 


1,336 30 


Jackson 


463 60 


Wabash 


502 61 


Jo Daviess - 


492 01 


Warren 


440 82 


Jasper 


70 41 


White 


1,003 06 


Knox 


392 40 


Washington - 


510 68 


Lawrence - 


707 55 


Wayne 


508 02 


T.a Sallf 


665 73 






xua. ksaiie 


Total 


|43,571 52 



310 AUDITOR'S REPORT. 

An estimate of expenditures on the part of the State, for the years 1839 and 1840. 



Expenditures for 1839. 



The Judiciary 

Secretary of State 

Auditor of Public Accounts - 

State Treasurer 

Attorney Genera] 

Circuit Attorneys 

Special appropriations for various expenses 

Interest on school, college, and seminary funds 

General Assembly, including stationery for same, printing and 

distributing laws, and paper for same, &c. - 
The militia - - 

Incidental expenses .--.-. 
Incidental expenses of the penitentiary, and salary of Inspectors 
The Governor ...... 

Counties on Military tract ..... 

Wolf scalps ....... 

Contingent fund ...... 

Superintendent of Penitentiary .... 

Total amount for 1839 .... 

Expenditures for 1840. 

The Judiciary ...... 

Secretary of State - - - . - 

Auditor of Public Accounts ..... 

State Treasurer ...... 

Attorney General ...... 

Circuit attorneys ..--.. 

Special appropriations for various expenses - - . 

Interest on school, college, and seminary funds, (say) - 
The militia -.-.... 

Incidental expenses - - - - ■' . 

Incidental expenses of the Penitentiary, and salary of Inspectors 
The Governor ...... 

Counties on the Military tract ..... 

Wolf scalps - - - - - . . 

Contingent fund - - - - - - 

Superintendent of Penitentiary .... 

Expenses of taking the census, (say) .... 

Total amount for 1840 .... 

Add amount for 1839 - - . ' . 

Total estimate of expenditures for 1839 and 1840 



Amount. 


$11,800 00 


1,100 00 


2,400 00 


1,600 00 


350 00 


1,500 00 


5,000 00 


43,571 52 


80,000 00 


870 00 


1,500 00 


1,600 00 


1,000 00 


2,450 00 


200 00 


4,000 00 


800 00 


$159,741 52 


$11,800 00 


1,100 00 


2,400 00 


1,600 00 


350 00 


1,500 00 


5,000 00 


45,000 00 


870 000 


1,500 00 


1,600 00 


1,000 00 


2,450 00 


200 00 


4,000 00 


800 00 


10,000 00 


91,170 00 


159,741 52 


$250,911 52 



The above estimates have been made with reference to the laws as they now 
exist. In the estimate of the expenses of the General Assembly, I have included 
every expenditure necessarily arising out of a session of the Legislature; and 
believe that my statement will not vary much from the true amount. 



AUDITOR'S REPORT. 



311 



A ^atement of the quantity of lands taxable in each county in the State 
for the years 1839 and 1840, and the amount paid into the county and, 
State treasury for the year 1838. 



Counties. 








paid into 
! treasury 
ear 1838. 




§1 

o =5 


§1 


« c-S 


Ill 




a?^ 




a§g 


a^ S 




<i - 


<^ 


«jj « « 


^jj-S'S 


Alexander 


34,237 


35,096 


|328 53 


|157 30 


Adams 


352,851 


357,260 


1.764 37 


3,813 93 


Bond 


53,193 


54,593 


658 24 


118 03 


Bureau 


33,280 


33,280 


- , 


483 25 


Coles 


71,226 


84,346 


917 40 


108 58 


Clark 


44,327 


46,707 


545 46 


100 45 


Clay 


5,018 


5,098 


49 75 




Crawford 


61,859 


62,511 


883 66 


140 67 


Cook 


2,560 


7.440 


- 


8 78 


Calhoun 


105,428 


105,548 


- 


1,465 00 


Cass 


36,996 


41,076 


382 81 




Clinton 


42.303 


43,713 


370 60 


180 81 


Champaign 


19,730 


26,326 


235 44 




Effingham 


2,360 


'2,732 


14 40 




Edgar 


110,459 


116,499 


1,323 04 


226 09 


Edwards 


37,906 


39,030 


348 49 


86 24 


Franklin 


22,593 


23,033 


262 65 


52 79 


Fulton 


270,120 


270,120 


1,283 92 


3,132 56 


Fayette 


26,456 


27,436 


287 17 


62 61 


Greene 


178,736 


203,776 


2,294 15 


472 15 


Gallatin 


152,626 


154,266 


251 18 


147 70 


Hancock 


314,367 


314,628 


- 


4,510 68 


Henry 


39,680 


39,680 


- 


574 25 


Hamilton 


12,009 


12,609 


134 92 


540 92 


Iroquois 


9,360 


16,560 


106 47 




Jackson 


57,111 


57,765 


446 96 


288 91 


Jefferson 


13,302 


13,382 


101 01 


38 41 


Johnson 


19,364 


20,524 


125 05 


83 38 


Jasper 


1,547 


1,547 


20 25 




Knox 


261,880 


261,880 


- 


3,758 94 


Lawrence 


78,720 


80,820 


946 09 


176 25 


La Salle 


12,538 


15,685 


167 60 


5 14 


McLean 


67,230 


82,010 


801 66 


81 34 


McDonough - 


251,440 


251,749 


701 73 


3,263 76 


Macoupin 


64,607 


112,469 


535 93 


26 45 


Macon 


41,455 


49,751 


545 61 


5 14 


Mercer 


153.920 


153,920 


- 


2,136 73 


Monroe 


103,821 


105,138 


777 93 


291 47 


Marion 


6,400 


6,440 


43 86 




Madison 


196,384 


215,806 


2,277 92 


1,092 12 



312 


AUDITOR'S REPORT. 






Taxable Lands — Continuec 


* 




'Ti 02 


-B 


S £q6 


°^-^ 




^00 


-^2 


o'i§ 




Counties. 


^•S 


0.5 


-sis 


t|s 




p 


n 


a 






< " 


< ^ 


^ 0^ 


<^^<2 


Montgomery - 


33;: 56 


36,816 


$394 66 


|13 91 


Morgan 


281,262 


297,228 


3,912 00 


768 70 


Putnam 


199,071 


204,965 


- 


2,796 19 


Pope 


28,970 


29,530 


430 47 


65 64 


Perrj 


20,898 


22,468 


256 35 


27 64 


Peoria 


128,800 


128,800 


361 24 


1,976 11 


Pike 


273,652 


281.732 


1,021 29 


2,914 47 


Randolph 


1[6,165 


117,716 


1,424 85 


1,005 88 


Rock Island - 


2.891 


48,44 


73 01 


65 


Saint Clair 


221,605 


233,122 


2,772 42 


362 97 


Shelby 


47,488 


55,288 


494 37 


72 10 


Schuyler 


220,938 


223,104 


836 86 


3,363 02 


Tazewell 


85,140 


99,840 


1,015 10 




Union 


45,848 


46,331 


624 66 


93 72 


Vermilion 


154,588 


163,226 


2,092 93 


229 41 


Sangamon 


335,097 


364,332 


4,683 78 


475 63 


Washington 


19,158 


20,213 


175 82 


70 37 


Wabash 


63,780 


65,031 


752 91 


228 06 


Warren 


390,680 


390,840 


927 87 


5,064 75 


White 


80,801 


82,321 


955 19 


154 26 


Wayne 


35,778 


36,102 


276 31 


181 58 


Will 


3,490 


9,410 


75 64 





In the foregoing statement of the amount of taxes paid into the county 
treasuries, a road tax, if any have been assessed, is not included, as I have 
no official knowledge of the same. I have endeavored, in this report, to 
furnish the General Assembly with such information as will enable tbem 
to act advisedly in relation to our revenue system. The period has arrived 
when an amendment of our revenue laws can no longer be postponed, 
without great injury to the State. The total amount of revenue, from 
taxes on lands under the present sytem, amounts to about $46,000; and 
from the banks, for bonus and dividends on stock, to about $21,500; 
making, in all, the sum of $67,500. These are the only sources of rev- 
enue which the State possesses, except the school fund, which ought not 
to be regarded as a legitimate source of revenue. There is no probability 
that, under existing laws, the revenue of the State will increase. In the 
years 1835 and 1836, large quantities of land were entered, both by 
residents and non-residents, for purposes of speculation; and should these 
lands still remain in the hands of the original purchasers at the time 
when they become taxable, the^State revenue would undoubtedly increase^ 
(were there no causes operating to diminish the amount now received.) 
It is, however, a fact that the lands of non-residents are almost daily 



AUDITOR'S REPORT, 3X3 

passing into the hands of residents; and the decrease of revenue from 
this cause will counterbalance any accession which it might receive from 
the causes abovementioned. It may, therefore, safely be assumed that 
the revenue of the State, under existing laws, will not increase. On the 
1st day of January next, the sum of ^43,571 52 must be paid, out of the 
State treasury, for the'interest on the school, college, and seminary fund; 
and the expenses of the Legislature for the present session may be as- 
sumed (including all incidental expenses) at f 80,000. These two ex- 
penditures alone form the sum of 123,571 52, a sum nearly twice as . 
large as the annual revenue of the State. From the estimates above 
submitted, there cannot be a doubt that there is an imperative necessity 
for a new and improved revenue system; and while it is believed that 
there is sufficient wisdom and intelligence in the present Legislature to 
frame a well regulated system of finance, and one which will yield a 
revenue adequate to all the wants of the State, it is, at the same time, 
believed that no labor will be spared on their part which may be neces- 
sary to frame such laws as will produce these desirable results. Any fur- 
ther information which the Legislature may desire (in my power to give,) 
or any suggestion which my experience in the situation which I have for 
several years past held, may enable me to afford, either in the principles 
or details of a revenue system, will be most cheerfully given. The fore- 
going remarks are submitted with all deference to the wisdom of the 
Legislature, and in accordance with what I conceive to be my duty. 

LEVI DAVIS, 
Auditor of Public Accounts^ 



REPORT 



TREASURER OF THE STATE OF ILLINOIS 



THE GENERAL ASSEMBLY, 



DECEMBER, 1838. 



TREASUREit's Office, 
Vandalia, Illinois, December 11, 1839. 
Sir: In compliance with the law requiring a report from the Treas- 
urer, I have ttie honor to submit to the General Assembly the following 
statement, showing the amount received at the Treasury, monthly, from 
the various sources of revenue, from the 1st day of July, 1837, to the 30th 
day of November, 1838, inclusive; also, the amount deposited in the 
State Bank and Branches, old State paper burned, &c. All of which is 
respectfully submitted. 

I am, very respectfully. 

Your obedient servant. 

JOHN D. WHITESIDE, 

Treasurer. 
To the Hon. the Speaker of the Senate^ 



316 



TREASURER'S REPORT. 



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TREASURER'S REPORT. 



317 



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INDEX TO LAWS. 



A. 



PAGE, 



Appeal bonds and trial of appeals, laws amended - 291 

Appropriations, partial - - . . 4q 

to penitentiary ... ^g 

to State house - - _ 47 

to Clinton county, changed - . 7g 

to Lawrence county, changed - - 86 

to enclose graves of deceased officers - 88 

to navigation of Embarrass river - 97 

for years 1839 and 1840 - - 113 to 117 

to Champaign county, proceeds of saline lands 137 

to Iroquois, changed to Champaign county 137 

to State libraiy - - . I49 

Asylum, Deaf and Dumb - - . . jg2 

location of - - . 163 

duty of Auditor - - 164 

Attorney General - . . _ j42 

late, settlement of accounts of - 272 

Auditor, duties under revenue law - . _ 3 

to Illinois Asylum - . . Ig4 

to issue warrant for redemption money - - 19 

to proceed against collectors in cases of failure - 21 

duty relative to late warden of penitentiary - 46 

warrants of, interest on - . I45 

B. 

Bank of Ilhnois, additional branches of - . 272 

directors, Governor to appoint - - 233 

notes, less than five dollars - . . 79 

plea against, good - . . _ 80 

Bridges over Little Wabash river - - . 7O 

time given Sullivan and Greene - - 70 



INDEX. 



Bridges, time given Toler, Farmer, and McDaniel 

certain, in Knox county - - _\ 

across Des Plaines river - - 

across Big Vermilion river - - - 

across Little Vermilion river 

across North fork of Big Vermilion river 

G. W. Smith, across Des Plaines river 

across Sangamon river - - - 

across Fox river at Ottawa - - - 

commissioners of La Salle 
county may purchase 
Narcisse Pensaneau, across Kaskaskia river 
in Clay county - - - - 

across Winnebago swamp, (H. W. Cleaveland, toll) 

county commissioners may 
purchase 

a 

Canal, Illinois and Michigan, settling accounts of 

laws relating to, amended - 
powers of commissioners extended 
lands, sale of certain ... 

further provision for sale of - 

improvements on - 

I protection of, against trespassers - 
duty of agents on - 

dedication of lots to public purposes 
water-lots and privileges on - 

i leases on - 

houses erected on - 

Carriages, public ... 

drunken drivers to be discharged 
hackney coaches - . - 

Chancery, mode of proceeding in - 
Circuits, judiciiJ, State divided into - - - 

City, Chicago, school lands in block thirty 

Galena - - - 

College, Union, of Illinois, act amended 
Commissioners of Board of Public Works, term of office - 
Committees of General Assembly may swear witnesses - 
Contractors on public works, settlement with relatives of deceased 
Corporations, process against ... 

County, Boone, bounds of, defined - - 

Brown, out of Schuyler - - - 

commissioners to locate county seat of 
school moneys of - 
Bond, commissioners to loan funds 
Bureau, act creating, amended 



INDEX. m 

PAGE. 

County, Carroll, organized - - _ IgQ 

county buildings - - . 160 

Cass, locadon of county seat of - - 287 

Dane, established - - - _ 104 

part of Shelby county attached to - 188 

county seat of - - . 105 

supplement to - - '_ 205 

De Kalb, relocation of county seat of - ^. 243 

courts, where held - - . 244 

De Witt, formation of - _ - . 199 

attached to eighth circuit - - 200 

school fund of - - . 201 

Du Page, created - - - ^ * - %i!y5* 

atHched to seventh circuit - '"•■♦.-••I ^% 74 

county seat of - - "V^ t^ t^'''4 

Hardin, established - - _ \ ^ -^234 

county seat of - . _ ^ 235 

courts, where held - - . 236 

Iroquois, relocation of county seat - . 185 

commissioners to report 186 

Jersey, established - . _ 208 

attached to first circuit - . 209 

county scat of - * - . 210 

Johnson, records of - . . 84 

Lake, formed - - . . 216 

attached to seventh circuit - . 217 

Lee, created - - . _ 17q 

county seat of - . . 171 

election of officers ^ _ . 172 

Livingston, relocation of county seat - - - 217 

Logan, established - . . 1Q4 

county seat of - . . lOg 

supplement to - . . . 205 

Macon, act in relation to - - . 265 

Madison, records of - . . 13q 

relief of trustees of schools in - - 148 

Marshall, established - - - 43 

county seat of - . . 43 

attached to sixth circuit - , 44 

range one added to - . 241 

Menard, established - _ . 104 

county seat of - - . 105 

supplement to - . . 205 

Mercer, county seat of - - . 188 

Ogle, part of - . . . 1^2 

Peoria, commissioners to lease offices - - 119 

Putnam, range one added to - - . 241 

^ Scott, created - . . _ 126 

representation of - - . 127 

21 



»"3 



INDEX. 



County, Scott, county seat of - - - 128 

school fund of - - - 129 

Stark, formation of - • - - 229 

boundaries established - - 230 

Whiteside, county seat of - - - 143 

donations for - - - 144 

Williamson, established - - - 110 

duty of school commissioner of - 111 

county seat of - - - 112 

County commissioners, duties of - - - 270 

Courts, tjme of holding, in first circuit - - 250 

in second circuit - - 103 



^^T^ in third circuit - - 289 



^^ e-CA-*^ in fifth circuit - - 278 

^ ^ £f in sixth circuit - - 250 

*^ ^ J in seventh circuit . - - 250 

^ in eight circuit - - 250 

in ninth circuit - - 250 

Supreme, summer terms ... 142, 252 

county commissioners', to recover certain moneys - 119 

Creeks, Mauvaise-terre, navigable - - - 122 

Mill and Big, navigable _ . - 123 

D. 

Davidson, William H., appropriation to - - 71 

Deeds of sheriffs, for lands sold for taxes - - 17 

evidence of facts - - 18 

duplicate . _ - . 20 

Divorce, Julia Ann Hull - - - - 79 

E. 

Education in township five south, six east, act repealed - 50 

Elections, act regulating . - - - 109 

betting on, prohibited - - - 109 

judges of, in Coles and other counties - 120 

Eiectment, law in relation to actions of - - 220 

averment of plaintiff - - - 221 

court to grant order - ' - - 222 

consent rule abolished - - - 223 

writ of possession . - . 224 

court may vacate judgment - - 225 

new trial . _ . - 225 

action for dower - . - 227 

laws repealed - - - - 228 

Evidence, sheriffs' deeds - - - - 18 

records of clerks . . - 19 

in certain cases - - - 196 

regulating . - 266 



INDEX. 
F. 



Fees of officers under revenue law ... 22 

Ferries at Wilcox's and William Parker's - - 57 

P. and H. M. Jarboe, across Illinois river - 100 

on school lands - - - - - 120 

duty of school commissioners - 121 

A. and S. S. Phelps, at Oquawka - - 131 

A. Doolittle, across Mississippi river •■ - - 159 

St. Clair county, across Mississippi river - 175 

forfeiture of right - - 17o 

Edward White, across the Mississippi river - 195 

N. G. Wilcox and others, opposite JBloomington - 202 

Joshua Vandruff, acro:-s Rock river - - 26S 

George W. Jones, across Mississippi river - 270 

G. W. Brinckerhoof, across Rock river - - 284 

Filley, Watson James, name of, changed - - 78 

G. 

Galena, city of - . . . . 25 

boundaries - - - - 2o 

annual election - - - 26 

vacancies, how filled - - - 27 

special meetings ... 27 

mayor's power in case of riot - - 28 

a justice peace - - * 28 

salary of - - - 23 

quorum - - . . 28 

theatres in - - - 29 

lotteries in - - - - 30 

records of - - - - 31 

may erect bridges ... 32 

public, free - 32 

schools - - - . 33 

assessors, how appointed - - 33 

salaries and fees - - 33 

marshal of - - - - 34 

fees - - - 34 

ordinances of - - - 34 

wisdom of - - 34 

imprisonment in - - - 35 

appeal - - . . 35 

roads in - - - - 36 

this act to be accepted by inhabitants - 36 

Garnishees - - - - - 86 

act to amend act in relation to - - 245 

General Assembly, manner of petitioning, defined - 167 

Groceries. See License. 



INDEX. 



H. 



Heacock, Russell E., plat of school land vacated 
Hull, Julia Ann. See Divorce. 

I. 

Illinois Asylum foi- deaf and dumb - - - 

Improvement, internal, gef^eral system of - 

duty of Fund Commissioners 
regular meeting of Board 
duly of principal engineer 
Board to construct railroads in Indiana 
part of act repealed 
in Pike county, supplemental to 
Inspector, Brigade, compensation to - - 

penitentiary. See Penitentiary. 



Jackson, William M. - 

Judgments and executions - - - 

Justices' districts in Greene county - - . - 

Peoria county - - - 

Randolph county 
Justices and constables' districts in the town of Manchester 
of the peace and constables, election of 
in Naples and Meredosia 
act concerning 

K. 

Knox county revenue. See Revenue, public 



Lands belonging to infants, how and when redeemed 
when sold to State how redeemed 
titles to, confirmed - - - - 

public, extent of possession on - - 

Laws, reprinting of certain, of this State 
Library, State - - - . - 

License, tavern and grocery ... 
Loans, commissioners of certain counties to effect 

for canal purposes - - - 41, 

act supplemental to - - 

of money authorized - - - 

duty of Auditor and Treasurer 
under that law 
Lottery to drain American bottom - - - 



INDEX. 



M. 

Marriages, act to amend act concerning - - 277 

Mill-dams, J. T. Gilford & S. J. Kimball, across Fox river 108 

R. & S. L. Haines, across Mackinaw river - 108 

Baker and Mills - - - - 117 

Ezra Baker, jr., further time allowed - 131 

L. D. Hillcrman, across Little Wabash river - 169 

J. A. McClanahan and others - - 197 

Hillon and Mason, across Big Muddy - 203 

D. F. Hitt, across Illinois river - - 236 

H. Porter and E. Gholson - - 291 

Mortgages, release and extinction of - - - 197 

N, 

Notaries public, Naples . . - . 55 

in Morgan county - - - 55 

Greene - - - 55 

. Pike ... 55 

Chester, in Randolph - - ^ 55 

Hamburg, in Calhoun - - 55 

^ Virginia, in Cass - - - 55 

towns in Will - - - 55 

Chicago ... 55 

Alton .... 55 

Hancock ... 88 

provision for appointment of - - 148 

o. 

Officers, deceased. See Appropriations. 

Offices, public, removal of - - - - 141 

Governor to issue proclamation - 142 



Penitentiary, appropriation to - - - 46 

relief of late warden of - - 46 

act in relation to - - - 278 

list of convicts in - - " - 279 

spirituous hquors not allowed to convicts - 281 

Petitioning General Assembly, manner of, defined - 167 

Peoria county, assessment of property in - - 38 

sherifi* of. Governor to commission , - 40 

commissioners of, to lease certain offices - 119 

to change State roads - 131 



INDEX. 



Plats of towns vacated, Peru 

Middletown - - - 

Auburn _ _ . 

school lands .... 

Poor, relief of . - - - - 

house . - - - - 

agent of ' - 
Possession, extent of, on public lands - 
Practice in courts of law, act amended 
Process issued by justices of probate legalized 

against corporations . . - 

Property, right of, mode of trying 

act to amend - 
in warehouses, how disposed of - 

Public lands, possession of - 

improvements on - 

money, place of deposite of - 
revenue - - - 

of Knox _ . - - 

R. 

Railroads in Indiana - - . - 

termination of Central - - - 

Randolph county, commissioners to change roads 

Records of Johnson county - - - 

Madison county - - - 

Redemption of lands. See Lands. 

Relief and benefit, N. Pope and others - - 37 

securities of T. Moore - - 39 

Jefferson county - - 252 

A. Cochran and others - - 256 

counties therein named - - 261 

A. McPhail and T. C. Kirkman - 272 

Wilham Hick and Timothy Guard - 274 

purchasers cana^ lots and lands - 276 

Archer, Hubbard, and Thornton - 277 

Joseph L. Reynolds - - 285 

John McMcnnaway - - 286 

of the poor - - - 1^8 

late warden of Penitentiary - - 46 

Robert Davis and others - - 52 

heirs of John Thompson - - '^ 

Mary Evans - . - 80 

inhabitants of town, two, in Wayne county 85 

Judge of sixth circuit - - 1^2 

trustees of schools in Madison county - 148 

John W. Spencer and David B. Sears - 189 

Calhoun county . - - 198 

John Winstanjy and Hugh Duffy - 236 

Henry county - - - 243 



INDEX. 



R eplevin, action of, regulated ... 77 

Resolutions, joint - - - - 293 to 300 

Revenue, public ----- 3 

county commissioner^ to appoint assessors 4 

duty of assessors - . - 4 

clerks - . . 4 

appeals from valuation, how made - 7 

collector to execute bond - - 8 

where filed - 8 

amount to be levied - - - 9 

lien on land for taxes - - 9 

j personal property may be sold for taxes - 10 

what money receivable for - - 10 

collector to pay over by March - 11 

certificate of clerk to Auditor - - 12 

form of collector's report to circuit court - 12 

notice of application to circuit court for judgment 13 

suit for taxes - - - . 13 

form of order on judgment - - 14 

sheriffs to sell lands - - - 14 

lands sold to State - - - 15 

sheriff to pay into State treasury - 16 

of Knox county . - . 125 

Right of way - - - - - 118 

River, Big Muddy, improvement of - - - 99 

declared navigable - - 308 

Vermilion, improvement of _ . 286 

Des Plaines, declared navigable - - 208 

Embarrass, improvement of - - - 97 

Fox, in Clay county, declared navigable - 208 

Fox, in White county, declared navigable - 150 

Spoon, improvement of - - - 285 . 

Wabash, improvement of - - - 285 

Wabash, Little, improvement of - - 285 

Roads, Albion to Maysville - - - 203 

Alexander county - - - - 100, 253 

Andover, via Clearland, to Mississippi river - 67 

Appanoose, via Lahart, to Mississippi river - 65 

to Drowning fork of Crooked creek - 238 

Atlas to Pleasant Vale . - - 69 

Aurora to Mineral Point - _ - 64 

Baker's mill to Charleston - - ' - 69 

Maysville - - "- 288 

Belleville to Brownsville - - - 271 

Beardstown to Des Moines river _ ^ 51 

Manchester - - - 101 

Mount Sterling, vacated - 65 

Beverly to point Avcst of Perry - - 64 

B. Sewards, in Montgomery county - - 69 

Big creek, via Brown's mills, to Redmond's - 62 



INDEX. 



Roads, Bloomington to Lexington - . _ 240 

Carlinville to Greenville, revived - - 60 

Meacham's ferry - - 60 

Carrollton ... qi 

Jacksonville, changed - - 65 

Carmi to Grayville ... g4 

Calhoun to Schuyler, part of, relocated - - 157 

Caiulkin's to Coulter's . _ . 69 

certain, in Edgar - - - _ 173 

legalizing survey of - - 45 

in Morgan changed - - - 49 

Wabash and Lawrence - - 147 

Chicago, via Half-day, to McHenry - - 63 

to south line of Wisconsin Territory - 192 

Charleston to J. Keller's - - - 260 

Springfield, part of, vacated - 70 

Shelbyville •> _ , . 70 

Clayton, via Houston and Chili, to Rushville and Warsaw 

road - - - . - - 62 

in Clinton county - - - . 57 

Columbus to Chambersburg - - - 66 

Chryslalville to Mineral Point . . 64 

Danville to State line - - - 58 

Darwin to New Richmond, vacated - - 69 

Dixon's ferry to Linder . . . 64 

Decatur lo Bloomington '. . . 66 

Douglas to Carlinville, vacated - - 69 

Edgar, act amended, relating to - - 58 

to Grand View - - - 58 

Enterprize to C. B. Harleys - - . 63 

Equality to Vienna - - - 172 

part of, changed - - 187 

Fairfield to Maysville - . - 56 

Farmington, via Rochester, to Richmond - 62 

to Monmouth - / - - 66 

Fayette county - - - - 212 

Ford's ferry to Jacksonville - - - 65 

Four-mile prairie to Louisville - - 59 

Fox river to Dixon's ferry . - . 249 

Frankfort to Wilcox's ferry - - . 57 

Franklin county - . - - 87 

Frankhn and Union counties - - - 206 

Galena to Prophetstown - - - 61 

Gallatin to Jonesborough - - - 56 

Golconda to Pinckneyville - - - 57 

Grand Turn, below Marshall, to Crawiord county line 69 

Grand View and Terre Haute, part of, changed - 137 

Greene county . - . . 257 

Griggsvillc to Mississippi - - - 204 

Hennepin to Victoria - _ - 68 



INDEX. 



Roads, Hillsboro to Alton - - - 65 

Husband's to Douglass - . . 60 

Indiana line to Mineral Point - - 290 

Illinois river to Canton - -. . 174 

Indiana line to Ottawa ... 68 

Jackson Grove to Lewistown - - - 191 

Jacksonville to Springfield - - - 136 

Jameson's ferry to Cape Girardeau - - 255 

Joseph Huey's to northeast corner of Fayette - 256 

Jonesboro to W. T. Ryburn's in Franklin county - 124 

Juliet, via Norman's, to Indiana State line - 62 

Knoxville, via Galesburgh, to New Boston - 63 

Kishwaukee to Freeport ... 66 

La Salle, via Troy Grove, to State line - - 64 

Lexington, via Virginia, to Matanzas - 61 

Louisville to Charleston - - . 59 

Mount Carmel - - - 59 

J. Onslott's ... 70 

Macomb to Mississippi river, opposite Burlington - 62 

Maysville to Shelby ville - - - 68 

McLean county .... 268 

McLean and Tazewell counties - - 243 

McLeansborough to Mount Vernon - - 57 

Meredosia to Mount Sterling - - 65 

Middle fork of Big Muddy to Maulding's mills - 194 

Monmouth to Illinois city . - _ 183 

Mount Vernon to Fairfield - - - 207 

Morgan county, changed ... 83 

Mount Carmel to Maysville, relocated - - 134 

Mount Vernon to Nashville, part of relocated - 202 

Mount Sterling to Macomb, located - - 153 

Liberty - - - 63 
via La Grange, Arnez's mills, and Princeton, 

to Springfield . - - 187 

Naperville to Indian creek - - - 125 

Warrenville, changed - - 155 

Naples to Bloomtield - - - 68 

Nashville to Belleville - - - 248 

New Albany to Genesee, in Henry county - 61 

New Boston to Richmond - . . 62 

Newton to Louisville, in Clay county - - 59 

Orender's to Nelson's, changed - - 59 

Palestine to Shelbyville ... 58 

Vandalia - - - 59 

Parker's ferry, via Vienna, to Brownsville - 57 

Peoria to Stephenson, changed - - 131 

Peoria to Knoxville, part of, changed - 153 



INDEX. 



Roads, Peoria and Knox counties - - - 263 

to Burlington ... qq 

Knoxville ... 79 

Phillips' ferry, in Morgan county, part changed - 156 

Pope's creek, via Edwards river, to Stephenson - 61 

public, in Schuyler county - - - 289 

Quincy to Mount Sterling ... 66 

Phillips' ferry ... 63 

Macomb - - - 218 

Rockport to Savannah ... 68 

Randolph county ... - 101 

Rock Island to Savannah, vacated - - 64 

Rushville to Pittsfield - - 190 

Carthage ... 63 

Quincy - - - 65 

Salem to Pinckneyville - - - 249 

Charleston - - - 68 

line of Clay county ... 59 

ShelbyviUe to Danville - - - 58 

Chicago ... 68 

Danville ... 70 

Decatur - - - 190 

Hillsboro ... 275 

Slocum's mill to Maysville - - - 59 

Springfield to Macomb . - . 67 

Decatur, relocated - - 154 

St. Clair county, how changed - - 201 

Stephenson to the mouth of Pickatonica - 75 

Tremont to Washington ... 60 

Dillon - - - - 61 

Thornton to Lockport - - - 123 

Upper Alton to Greenville ... 60 

Union Grove to Fulton City . . - 64 

Dixon's ferry - - 64 

Union Prairie to Bartlett's land - . 69 

Vandalia to Carlyle ... 59 

Salem - - - 122 

Springfield ... 67 

Vienna to Equality, repealed - - 255 

Vincennes to Chicago, via Russelville - 170 

Warsaw to Quincy - - - 158 

Canton - - - 67 

Wabash to ShelbyviUe, by R. Logan's, senior - 195 

Waynesville to Bloomington - - 60 

Whitehall, via Simmon's ford to Jacksonville - 61 

-« Wesley City to Springfield, part of, relocated - 246 

Wilmington via Joshua Hanks' - - 248 



INDEX. 



Roads, Winchester to Wilmington 

Winnebago to Will county line 



XIII 

PAGE. 

247 
64 



Salaries, Commissioners of Public Works - - 93 

Governor - - - - . 211 

Judges Supreme Court ... 102 

Salines, Bond county, sale of, authorized - - 213 

lands, money arising from, appropriated to Marion 

county, how appropriated - - - 273 

Schools, common, in Chicago - - - 215 

inspectors of - - 216 

fund in Wabash county - - - 233 

township thirteen north, range 8 west - 273 

lands, sixteenth section in Knox county - 102 

in Chicago, sub-division of block 30 - 160 

sale of, regulated - - - 190 

when patent of, is lost, duplicate may issue 192 

in Edwards county, sale of - - 192 

duty of school com'rs 204 

in Vermilion county ^ - - 232 

feries on - - - - 120 

duty of commissioner - 121 

trustees of township seven north, range seven 

east, to revalue sixteenth section - 149 

Secretary of State, duty of - - - .23 

Sheriffs, conveying convicts to penitentiary - - 274 

Peoria county, Governor to commission - 40 

Schuyler county, Governor to commission - 277 

and coroners, law in relation to, amended - 217 

Silk, culture of - - - - - . 212 

premium lor - - - - 213 

Simpson, John, acts of, legalized - - - 75 

Societies, religious, act in relation to, amended - 267 

State house, appropriation to - - - 47 

Supreme Court. See Coirts. p 

Surveys therein named ... 242 

of the town of Carthage - - - 118 



Taverns and groceries. See license. 
Tax, special, in Madison county 
Tobacco, inspection of 



265 

283 



INDEX. 



Towns, Auburn, plat of, vacated - - - 176 

Augusta, name of, changed - - - 119 

Bloomington . - . . 234 

Carthage, survey of - - - 118 

Caledonia, plat of, vacated . - - 239 

Charleston, name of, changed - - 73 

Fairfield, in Adams county, name of, changed - 81 

Florence, in White county, name of, changed - 273 

Geneva, name of, changed - - - 40 

Hudson - - - - - 49 

Hudsonville, sale of property in - - - 239 

trustees of, to make deeds - - 240 

Knoxville, Heaton's addition to - - 49 

Leesburg, named of, changed - - *- 156 

Liberty, powers of, increased - - 133 

Lockport, part of Archer's addition altered - 260 

Lynnville, act concerning - - - 132 

Mechanicsburg, name of, changed - - 126 

Middletown, plat of, vacated - - 145 

Monmouth, block 41 in, vacated - - 103 

Moscow, in Wayne county, act concerning - 268 

Naples, rxt concerning - _ _ 246 

Peoria, Garritt's addition to, vacated - -, 49 

Peru, plat of, vacated - - - 48 

resurvey of - - • 269 

Rome, plat of, vacated . - . 239 

Savannah, in Ir-)quois county, plat vacated - 73 

Savannah, in Warren county, name of, changed - 119 

Springfield, act in relation to - - 104 

Stephenson, additional lots in - - 78 

Tremont, certain alleys in, vacated - - 284 

Upper Alton, act to incorporate, repealed - 245 

Vienna, in Fulton county, name of, changed - 52 

Trespass by cutting timber ... 42 

on Cumberland road - - - 245 

Turnpike, Charleston to Darwin - - - 229 



U. 
Union College of Illinois, act amended - - 150 



Vandalia, public property in, disposed of - - 134 

Venue, change of, act to amend act in relation to - 198 



INDEX. 



W. 



Water-lots and privileges on Illinois and Michigan canal - 150 

Warrants, Auditor's, interest on - - - 145 

Wills, probate of, in certain cases - - - 259 

Witnesses, sworn by committees of General Assembly - 39 

Works, public, Board of Commissioners, term of office of - 97 

facilities to procure Ic.borers on - - 98 



State of Illinois, 

Office of Secretary of State. 
I, Alexander P. Field, Secretary of State of the State of Illinois, do 
hereby certify the foregoing to be true and perfect copies of the Enrolled 
Laws and Resolutions deposited in this office. 

In testimony whereof, I have hereunto subscribed my name, at Vandalia, 
I4th March, 1839. 

A. P. FIELD, 

Secretary of State* 



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