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PRILZHVS  LiII3RHRY 

—OF— 

^oftr}    f^    (Harmon, 

—OF— 

MT.    CARMEL,   ILL'S. 

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No 


"Learning  in  youth  is  wisdom  in  age. 


ASSOCIATION 


Illinois 

(L.*s.  Legis, 
Career) 

(see  L.Lore 
1^83  #6) 


LINCOLN    NATIONAL 
LIFE  FOUNDATION 


AA^m^. 


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ILLINOIS  SESSION  LAWS 
1839-40 

Many  of  the  law  "books  used  by 
Abraham  Lincoln  have  "been  pre- 
served and  are  now  treasured  in 
the  various  collections  of 
Lincolniana  throughout  the  country. 

In  a  group  of  law  books  used 
to  illustrate  the  book,  "Lincoln 
the  Lawyer,"  by  Frederick  Trevor 
Hill,  is  shown  a  copy  of  the  Session 
Laws  for  1841,  at  one  time  in  the 
office  library  of  Logan  &  Lincoln. 
This  copy  is  now  owned  by  William 
H.  Townsend,  of  Lexington,  Kentucky. 

H.  E.  Barker 

Undoubtedly  he  used  the  issue 
of  1839-40.  (L.A.W. ) 


\ 


LAWS 


THE  STATE  OF  ILLINOIS 


PASSED    BY 


THE    ELEVENTH    GENERAL    ASSEMBLY, 


Their  Special  Session,  began  and  held  at  Springfield,  on  the  ninth  of  December,  one 
thousand  eight  hundred  and  thirty-nine. 


PUBLISHED  IN  PURSUANCE  OF   LAW. 


SPRINGFIELD : 
William  Walters,   Public   Printer. 

'1840.' 


TK 


LAWS. 


AN  ACT  to  amend  "An  act  concerning;  the   Public  Revenue,   approved  In  force,  Feb. 
26th  Feb.  1839."  1,1840. 

Sec.  1.  Be   it   enacted  by  the   People  of  the  State  of  Illi-  Assessors  to 
nois,  represented  in  the  General  Assembly,  That  hereafter  as-  bna^|ee  *etturns 
sessors  shall  have  till  the  first  Monday  of  June  annually  to  Monday  in 
make  their   returns  to  the  Clerks  of  the  county  commission-  June. 
ers'  courts  of  their  respective  counties;  and  any  person  feel- 
ing aggrieved  by  reason  of  the  assessment  of  his  or  her  proper-  Persons  ag- 
ty,  shall  be  allowed  until  the  September  term  of  the  county  grieved  may 
commissioners'   court  of  the  proper  county,  in  each  year,  toaPPea" 
appeal  to  said  court  for  the  purposes  set  forth  in  the  twelfth 
section  of  the  act  concerning  the  public  revenue. 

Sec.  2.  The  clerks  of  the  county  commissioners' courts  of  Clerks  to 
the  several  counties,  shall,  immediately  after  the  September  :ransmU 

stittomGDt  TO 

term  of  their  courts,  annually,  and  by  the  first  day  of  October,  Auditor, 
transmit  by  mail  to  the  auditor  of  public  accounts,  a  state- 
ment, as  required  by  the  thirteenth  section  of  the  act  concern- 
ing the  public  revenue,  and  hereafter  shall  deliver  to  the  col--p0  deliver  to 
lectors  of  their  respective  counties,  the  list  of  taxable  proper- collector,  list 
ty  returned  to  them  by  the  assessors,  on  or  before  the  second  of  taxable 
Monday  of  September,  annually.  piopei  y. 

Sec.    3.    Hereafter,  collectors  shall  annually,  and  within  Collectors  to 
ten  days  after  the  times  of  holding  the  first  terms  of  the  cir-  pay  over  into 
cuit  courts  of  their  respective  counties,  account  to  the  audi- Stat,^  Treasn" 
tor  of  public  accounts  for,  and  pay  into  the  State  treasury,  all  collected. 
moneys  collected  by  them  for  the  use  of  the  State,  deducting 
therefrom  their  commissions  for  collecting  the  same:  Provid- 
ed, That  if  the  times  of  holding  the  term  of  any  of  the  circuit 
courts  should  be  previous  to  the  first  Monday  in  March,  then, 
and  in  that  case,  the  collectors  of  such  counties  shall  in  like 
manner  account  for,  and  pay  into  the  State  treasury,  all  such 
moneys,  within  ten  days  after  the  said  first  Monday  in  March. 


4  LAWS  OF  ILLINOIS. 

Collectors  to       SEC.  4.  The  collectors  of  the  several  counties  heretofore 

tension^'*"     appointed,  or  hereafter  to  be  appointed  or  elected,  shall  have 

time.  an  extension  of  time  for  making  a  final  and  annual  settlement 

with  the  county  commissioners'   courts  of   their    respective 

counties,  until  the  first  Monday  of  June.     They  shall  also 

make  returns  to  the  several  circuit  courts  as  required  by  the 

twenty-fifth  section  of  the  act  to  which  this  is  an  amendment, 

at  least  five  days  previous  to  the  first  day  of  the  term  of  their 

circuit  courts  respectively:  they  shall  also  be  authorized  to 

Delinquent      publish  the  delinquent  list  of  lands  and  town  lots  in  any  news- 

lished  in  any   PaPer  m  this   State,  which,  in  the  opinion  of  the  collectors, 

newspaper      has  the  most  extensive  circulation  in   their  respective   toun- 

having  the  ^ies;  ancj  m  case  any  collector  shall  fail  to  make  report  of  the 
most  ext'nsive  c  .,•         ,         J       ,  ,  .  .,       ~     .     *  c  ., 

circulation,     persons  tailing  to  pay  taxes  on  lands,  at  the  first  term  of  the 

circuit  court,  then  he  shall  make  such  report  to  the  next  suc- 
ceeding term  of  the  court,  and  the  said  circuit  court  shall 
proceed  as  though   application  had  been    made    to  the  first 
term  of  the  circuit  court,  to  give  judgment  as  is  now  provid- 
ed for  by  law.     If  any  collector  shall  fail  to  comply  with  any 
Penalty  on     of  the  provisions  of  this  act,  or  the  act  to  which  this  is  an 
collectors i  for  amendment ,  in  relation  to  advertising   delinquent  lands,  he 
duty,  shall    be  liable  to  a  penalty  of  one  hundred  dollars,  to  be  col- 

lected by  an  action  of  debt  before  any  justice  of  the  peace, 
or  in  the  circuit  court  of  his  county,  in  the  name  of  the  coun- 
ty commissioners  of  the  county. 
Assessors  to        Sec  5.  Assessors  shall  also  be  required  to  value  and  as- 
value  proper- sess  any  lands  or   town  lots  not  included  in  the  list  of  lands 
lJ-  and  town  lots  furnished  them  by  the  clerks  of  the  county  com- 

missioners' courts,  which  they  may  ascertain  to  be  liable  to 
taxation. 

Sec.  6.  The  thirty-second  section  of  the  act  to  which  this 
is  an  amendment,  is  hereby  repealed. 
Persons  Sec  7.  So  much  of  the   act,  to  which  this  is  an  amend- 

nam.es  n^ee^  ment,  as  requires  the  names  of  all  persons  listing  taxable  pro- 
phabeticr.l  or- perty  to  be  arranged  and  written  in  alphabetical  order,  be, 
der.  and  the  same  is  hereby  repealed;  and   assessors  are  hereby 

allowed  to  arrange  and  take  the  names  of  persons  listing  pro- 
perty in  any  manner  most  convenient  to  said  assessor;  except 
in  listing  lands,  the  lands   shall  be  arranged  by  townships, 
ranges  and  sections,  in  numerical  order. 
Fees  to  Sec  8.  The  following  fees  and  compensation  shall  be  al- 

lowed to  the  several  officers  and  persons  herein  named,  for 
services  rendered  under  this,  and  the  act  to  which  this  is  an 
amendment.  To  sheriffs,  for  each  tract  of  land  or  town  lot 
sold  for  taxes,  ten  cents,  to  be  collected  as  costs,  and  in  the 
same  manner  as  the  principal  sum:  for  each  sheriff's  deed, 
twenty-five  cents,  to  be  paid  by  the  person  receiving  such 
deed.  So  much  of  the  sixty-second  section  of  the  act  to 
which  this  is  an  amendment,  as  allows  collectors  ten  cents 
for  each  tract  of  land  or  town  lot  sold  for  taxes,  be,  and  the 
same  is  hereby  repealed.     To  clerks  of  the  circuit  court,  for 


officers. 


LAWS  OF  ILLINOIS.  5 

receiving  and  recording  the  collector's  return,  six  cents  for 
each  tract  of  land  or  town  lot  contained  in  said  report,  which 
shall  be  taxed  as  costs,  and  collected  in  the  same  manner  as 
the  principal  sum;  and  no  clerk,  sheriff,  collector  or  other  of- 
ficer, shall  be  allowed  to  charge  any  other  fees  for  services 
rendered  under  this  act  and  the  act  to  which  this  is  an  amend- 
ment, except  those  expressly  granted  and  allowed  to  be 
charged.  There  shall  be  allowed  collectors  of  the  several 
counties  in  this  State,  ten  per  cent,  on  the  first  five  hundred 
dollars  of  revenue  which  they  may  collect,  and  six  per  cent, 
on  all  sums  above  that  amount;  and  collectors  shall  be  allow- 
ed to  have  one  or  more  deputies — such  collector  being  in  all 
cases  responsible  for  the  acls  of  his  deputy. 

Sec  9.  So  much  of  the  thirty -fust  section  of  the  act  to  Thirty-first 
which  this  is  an  amendment,  as  requires  the  clerk  of  the  cir- Eectlon  °f.^e 

•  /m.  *■  net  to  wfiicri 

cuit  court  to  furnish  a  copy  of  the  collectors  report  to  the  tnis  is  supple- 
sheriff,  be,  and  the  same  is  hereby  repealed.     The  word  "of"  mentary  re- 
in the  seventeenth  line  of  the  first  section  of  the  act  to  which  Pealed> 
this  is  an  amendment,  shall  be  construed  as  the  word  "and." 

Sec.  10.  The  Secretary  of  State  is  hereby  required,  so  soon  Secretary  of 
as  this  bill  becomes  a  law,  to  have,  without  delay,  three  copies  to  publish  this 
of  this  bill  printed  for  each  county  in  this  State,  and  forward  act  on  its  pas- 
the  same  without  delay,  by   mail,  to  each    of  the  following  saSe- 
county  officers:  One  copy  to  the  clerk  of  the  circuit  court, 
one  copy  to  the  clerk  of  the  county  commissioners'  court,  and 
one  copy  to  the  sheriffof  each  and  every  county  in  this  State. 

Approved,  Feb.  1st,  1840. 


AN  ACT  fixing  the  time   of  holding  the   Circuit  Courts  in    the   Eighth  In  force  Feb. 
Judicial  Circuit.  1,  1840. 

Sec  1.  Be  it  enacted  by  the   People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  Circuit  Courts 
of  the  several  counties  in  the  eighth  Judicial  Circuit,  shall  here-  Time  of  hold- 
after  be  holden  at  the  county  seats  of  said  counties,  at  the  iag  courts  in 
times  following,  to  « it:  eiShth  circuit' 

In  the  County  of  Sangamon,  on  the  first  Mondays  in  March,  Sangamon. 
second  Monday  in  July,  and  seeond  Monday  in  November. 

In  the  County  of  Tazewell,  on  the  Thursdays  before  the  first  Tazewell. 
Mondays  in  May,  and  the  Thursdays  before  the  fourth  Mon- 
days in  September. 

in  the  County  of  McLean,  on  the  second  Mondays  in  May,  McLean, 
and  first  Monday  in  October. 

In  the  County  of  Livi?igsto?i,  on  the  third  Monday  in  May,  Livingston. 
and  second  Monday  in  October. 

In  the  County  of  De  Witt,  on  the  Thursdays  after  the  third  De  Witt. 
Mondays  in  May,  and  the  Thursdays  after  the  second  Mon- 
days in  October. 

In  the  County  of  Macon,  on  the  fourth  Mondays  in  May,  Macon. 
and  third  Mondays  in  October. 


LAWS  OF  ILLINOIS. 


Dane,  (now         Jn  the  County  of  Dane,  on  the  first  Mondays  of  June,  and 

ns  ianco.j  fc^^  Mondays  in  October. 
Logan.  jn  foc  County  of  Logan,  on  the  Thursdays  after  the  first 

Mondays  in  June,  and  the  Thursdays  after  the  fourth  Mondays 
in  October. 

In  the  County  of  Menard,  on  the  second  Mondays  in  June, 
and  first  Mondays  in  November. 

Sec.  2.  All  writs,  or  other  process  which  may  have  been 
issued  out  of  any  of  said  courts  since  the  last  term  of  the  same, 
or  which  may  hereafter  be  issued  previous  to  this  act  being  re- 
ceived by  the  clerks  of  said  courts  respectively,  shall  be  deemed 
and  are  hereby  made  returnable  on  the  first  day  of  the  next 
term  thereof,  to  be  held  by  virtue  of  this  act;  and  all  proceed- 
ings, both  civil  and  criminal,  which  are  now  pending  therein, 
shall  be  dispoied  of  according  to  law  in  the  same  manner  as  if 
no  alteration  had  been  made  in  the  times  of  holding  said  courts. 

Approved,  Feb.  1st,  1840. 


Menard . 

Writs  and 
process. 


Body  politic 
and  corpo- 
rate. 

Name  and 
style. 


Boundaries. 


City  to  be  di- 
vided into 
wards. 

What  lands 
may  be  an- 
nexed to. 


Powers. 


AN  ACT  to  incorporate  the  city  of  Springfield. 
ARTICLE    I. 

Boundaries  and  general  powers. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  inhabitants  of 
the  town  of  Springfield,  in  the  county  of  Sangamon,  and 
State  of  Illinois,  be  and  they  are  hereby  constituted  a  body 
politic  and  corporate,  by  the  name  and  style  of  the  City  of 
Springfield,  and  by  that  name  shall  have  perpetual  succession, 
and  may  have  and  use  a  common  seal,  which  they  may 
change  and  alter  at  pleasure. 

Sec.  2.  All  that  district  of  country  enclosed  within  the  fol- 
lowing boundaries,  to  wit:  Being  in  Sangamon  county  and 
State  of  Illinois,  one  mile  square;  the  State  House  is  [being] 
the  centre  of  [said  city  of  Springfield.] 

Sec  3.  The  President  and  Board  of  Trustees  of  the  town 
of  Springfield,  shall  on  or  before  the  first  day  of  March  next, 
or  as  soon  thereafter  as  practicable,  divide  the  said  city 
of  Springfield  into  four  wards,  as  nearly  in  population  as 
practicable,  particularly  describing  the  boundaries  of  each. 

Sec  4.  Whenever  any  tract  of  land  adjoining  the  city  of 
Springfield  shall  or  may  have  been  laid  off  into  town  lots 
and  duly  recorded  as  required  bylaw,  the  same  shall  be  an- 
nexed to  and  form  a  part  of  the  city  of  Springfield. 

Sec  5.  The  inhabitants  of  said  city,  by  the  name  and  style 
aforesaid,  shall  have  power  to  sue  and  be  sued,  to  implead 
and  be  impleaded,  defend  and  be  defended  in  all  courts  of 
law  and  equity,  and  in  all  actions  whatever.  To  purchase, 
receive  and  hold  property,  real  and  personal,  beyond  the  city, 
for  burial  grounds,  as  for  other  public  purposes,  for  the  use  of 
the  inhabitants  of  said  city.     To  sell,  lease,  convey  or  dis- 


LAWS  OF  ILLINOIS.  7 

pose  of  property  real  and  persona]  for  the  benefit  of  the  oily, 
and  to  improve  and  protect  such  property,  and  to  do  alJ  other 
things  in  relation  thereto  as  natural  persons. 

ARTICLE    II. 

Of  the  City  Council. 

Sec.  1.  There  shall  be  a  City  Council,  to  consist  of  a  Mayor 
and  Board  of  Aldermen.  Mayor  and 

Sec.  2.  The  Board  of  Aldermen  shall  consist  of  one  mem-  Aldermen- 
ber  from  each  ward,  to  be  chosen  by  the  qualified  voters  for 
two  years. 

Sec.  3.  No  person  shall  bean  Alderman  unless  at  the  time 
of  his  election  he  shall  have  resided  six  months   within  the  Qualifications 
limits  of  the  city,  and  shall  be  at  the  time  of  his   election  a  of  Aldermen* 
bona  fide  free-holder  in  said  city,  and  twenty-one  years  of 
age,  and  citizen  of  the  United  States. 

Sec.  4.  If  any  Alderman  shall  after  his  election,  remove 
from  the  ward  for  which  he  is  elected,  or  cease  to  be  a  free- Office  when 
holder  in  said  city,  his  office  shall  thereby  be  vacated.  vacant. 

Sec.  5.  At  the  first  meeting  of  the  City  Council  the  Alder- 
men shall  be  divided  by  lot  into  two  classes,  the  seats  of  those  Classes  of 
of  the  first  class  shall    be  vacated  at  the  expiration    of  the  Aldermen- 
first  year,  and  of  the  second  class   at  the  expiration  of  the 
second  year,  so  that  one-half  of  the  Board  shall  be  elected 
annually. 

Sec.  6.  The  City  council  shall  judge  of  the  qualifications, 
elections,  and  returns  of"  their  own  members,  and  shall  deter- Elections  and 
mine  all  contested  elections.  K  returns. 

Sec  7.  A  majority  of  the  city  council  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn  Quorum. 
from  day  to  day,  and  compel  the  attendance  of  absent  mem- 
bers under  such  penalties  as  may  be  prescribed  by  Ordinance. 

Sec  8.  The  city  council  shall  have   power   to  determine 
the  rule  of  its  proceedings,  punish  its  members  for  disorderly  Expulsion  of 
conduct,   and   with  the    concurrence    of  two-thirds  of  the  members- 
members  elected,  expel  a  member. 

Sec  9.  The  city  council  shall  keep  a  journal  of  its  pro- 
ceedings, and  from  time  to  time,  publish  the  same,  and  the  Journal  of 
yeas  and  nays  when  demanded  by  any  member  present,  shall proc 
be  entered  on  the  Juornal. 

Sec  10.  No  Alderman   shall  be   appointed  to  any  office 
under  the  authority  of  the  city,  which  shall  have  been  creat-  Aldermen 
ed  or  the  emoluments  of  which  shall    have  been  increased  ^ces  under 
during  the  time  for  which  he  shall  have  been  elected.  city. 

Sec  11.  All  vacaucies  that  shall   occur  in   the   Board   of 
Aldermen,  shall  be  tilled  by  election.  Vacancies. 

Sec  12.  The  Mayor  and  each  Alderman,  entering  upon 
the  duties  of  their  office,  shall  take  and  subscribe  an  oath0athsofoffice 
"That  they  will  support  the  Constitution  of  the  United  States, 
and  of  this  State,  and  that  they  will  well  and  truly  perform 
the  duties  of  their  office  to  the  best  of  their  skill  and  abilities." 


8  LAWS  OF  ILLINOIS. 

Sec.  13.  Whenever  there  shall  be  a  tie  in  the  election  of 
Tie,  how  de-   Aldermen,  the  Judges  of  election  shall  certify  the  same   to 
termiend.        the  Major,  who  shall  determine    by  lot  in  such  manner   as 
shall  be  provided  by  ordinance. 

Sec.  14.  There  shall  be  twelve  stated  meetings  of  the  city 
Stated  council  in  each  year,  and  at  such  times  and  places  as  may  be 

meetings.        prescribed  by  ordinance. 

ARTICLE    III. 

Of  the  chief  Executive  officers. 
Sec.  1.  The  chief  executive  officers  of  the  city  shall  be  a 
Mayor,  how    Mayor,  who  shall  be  elected  by   the  qualified   voters  of  the 
elected.  city,  and  shall  hold  his  office  for  one  year,  and  until  his  suc- 

cessor shall  be  elected  and  qualified. 

Sec.  -2.  No  person  shall  be  eligible  to  the  office  of  Mayor, 
Qualifications  who  shall  not  have  been  a  resident  of  the  city  for  one  year 
for  Mayor.      next  preceding  his  election,  or  who  shall  be    under   twenty- 
one  years  of  age,  or  who  shall  not  at  the  time  of  his  election 
be  a  bona  fide  freeholder  in  said  city,  and  a  citizen   of    the 
United  States. 

Sec.  3.  If  any  Mayor  shall,  during  the  time  for  which  he 
Office  of  shall  have  been  elected,  remove  from  the  city,  or  shall  cease 
Mayor.  to  ^g  a  freeholder  in  said  city,  his  office  shall  be  vacated. 

When  vacant.      Sec.  4.  When  two  nr  more  persons  shall  have  an    equal 
Tie,  for  number  of  votes  for  Mayor,   the   Judges  of    election  shall 

Mayor.  certify  the  same  to  the  city  council,  who  shall  proceed  to  de- 

termine the  same  by  lot  in  such  manner  as  may  be  provided 
for  by  ordinance. 

Sec.  5.  Whenever  an  election  of  Mayor  shall  be  contested, 
Contested  the  city  council  shall  determine  the  same,  in  such  manner  as 
election.         may  ^g  px-ovideci  by  ordinance. 

Sec  6.  Whenever  any  vacancy  shall  happen  in  the  office 
Vacancy.howof  Mayor,  it  shall  be  filled  by  election. 
fillecl-  ARTICLE    IV. 

Of  Elections. 

Sec.  1.  On  the  third  Monday  of  April  next,  one  election 

First  election,  shall  be  held  in  each  ward  of  said  city,  for  one  Mayor  for  the 

city,  one  alderman  from  each  ward,  and  forever  thereafter,  on 

the  third  Monday  of  April  after,  each  year  there  shall  be  an 

Annual  election  held  for  one  Mayor  for  the  city,  and  two  aldermen 

election.         from  tWQ  Qf  the  wardg^  tJ)e  first  e]cctjon  held  for  Mayor  and 

Aldermen  shall  be  held, conducted,  and  returns  thereof  [made] 
as  may  be  provided  by  ordinance  of  the  present  Trustees  of 
the  town  of  Springfield. 

Sec  2.  All  free  white   male  inhabitants,  citizens  of  the 

Qualifications  United  States,  of  the  age  of  twenty-one  years,  who  are  en- 
titled to  vote  for  State  officers,  and  who  shall  have  been  actual 
residents  of  said  city  six  months  next  preceding  said  election, 
shall  be  entitled  to  vote  for  city  officers:  Provided,  That  said 

Proviso.  voters    shall    give    their    votes  for  Mayor  and  aldermen   in 

wards  in  which  they  respectively  reside,  and  in  no  other;  and 


LAWS  OF  ILLINOIS.  9 

that  no  vote  shall  be  received,  at  any  of  said  elections,  un- 
less the  person  offering  such  vote,  shall  have  been  an  actual 
resident  of  the  ward  where  the  same  is  offered,  at  least  ten 
days  next  preceding  such  election. 

ARTICLE    V. 

Of  the  Legislative  poivers  of  the  city  council. 

Sec  1.  The  city  council  shall  have  powersand  authority  to  Tax  to  be 
levy  and  collect  taxes  upon  all  property,  real  and  personal,  ie^ied' 
within  the  city,  not  exceeding  one-half  per  cent,  per  annum 
upon  the  assesed  value  thereof,  and  may  enforce  the  payment 
of  the  same  in  any  manner  prescribed  by  ordinance  not  re- 
pugnant to  the  Constitution  of  the  United  States  and  of  this 
State. 

Sec.  2.  The  city  council  shall  have  power  to  require  of  all  Officers  to 
officers  appointed  in  pursuance  of  this  charter,  bonds  withpyebo"^an 
penalty  and  secuiity  for  the  faithful  performance  of  their  res- 
pective duties  as  may  be  deemed  expedient,  and  also  to  re- 
quire all  officers  appointed  as  aforesaid  to  take  an  oath  for  the 
faithful  performance  of  the  duties  of  their  respective  offices 
upon  entering  upon  the  discharge  of  the  same. 

Sec.  3.  To  establish,  support,  and  regulate  common  schools,  To  borrow- 
to  borrow  money  on  the  credit  of  the  city:  Provided,  That  no  money. 
sum  or  sums  of  money  shall  be  borrowed  at  a  greater  interest  scnoois. 
than  six  per  cent,  per  annum,  nor  shall  the  interest  on  the  ag-  Proviso, 
gregate  of  all  the  sums  borrowed  and  outstanding  ever  exceed 
one-half  of  the  city  revenue  arising  for  taxes  assessed  on  real 
property  within  the  corporation. 

Sec.  4.  To  make  regulations  to  prevent  the  introduction  of  Contagious 
contagious  diseases  into  the  city,  to  make  quarantine  laws  for  diseases._ 
that  purpose,  and  enforce  the  same.  &. 

Sec  5.  To  appropriate  and  provide  for  the  payment  of  the  Expenses  of 
debt  [and]  expenses  of  the  city.  city. 

Sec  6.  To    establish  hospitals,  and   make  regulations  for 
the  government  of  the  same. 

Sec  7.  To  make  regulations  to  secure  the  general  health  Health  of 
of  the  inhabitats,  to  declare  what  shall  be  a  nuisance,  and  to  inhabitants, 
prevent  and  remove  the  same. 

Sec  8.  To  provide  the  city  with  water,  to   dig  wells   and  Wells  and 
erect  pumps  in  the  streets  for  the  extinguishment  of  fires,  and  pumps, 
convenience  of  the  inhabitants. 

Sec  9.  To   open,  alter,  widen,   extend,   establish,  grade,  Improvement 
pave,  or  otherwise  improve  and  keep  in  repair  streets,  avenues,0  streets- 
lanes  and  alleys. 

Sec  10.  To  establish,  erect,  and  keep  in  repair,  bridges.     Bridges. 

Sec  11.  To  divide  the  city  into  wards,  and  specify  the  Wards  and 
boundaries  thereof,  and  create  additional  wards,  as  the  occa-  boundaries, 
sion  may  require. 

Sec   12.  To  provide  for  lighting  the   streets   and  erecting  Lamps  and 

,  .  *  too  b  posts. 

lampposts.  Night  watch- 

Sec  13.  To  establish,  support,  and  regulate  night  watches,  es. 


.10 


LAWS  OF  ILLINOIS. 


Markets. 


Buildings. 

Public 
grounds . 

To  license 
and  tax  mer- 
chants, &c. 

Carriages, 
drays,  &c. 


Porters  and 
porterage. 

Exhibitions. 


Sec.  14,  To  erect  market  bouses,  establish  markets,  and 
market  places,  and  provide  for  the  government  and  regulation 
thereof. 

Sec.  15.  To  provide  for  erecting  all  needful  buildings  for 
the  use  of  the  city. 

Sec  16.  To  provide  for  enclosing,  improving,  regulating 
all  public  grounds  belonging  to  the  city. 

Sec.  17.  To  license,  tax,  regulate  auctioneers,  merchants 
and  retailers,  grocers,  taverns,  ordinaries,  hawkers,  pedlars, 
brokers,  pawn  brokers,  and  money  changers. 

Sec  18.  To  license,  tax  and  regulate  hacking,  carriages, 
wagons,  carts  and  drays,  and  fix  the  rates  to  be  charged  for  the 
carriage  of  persons,  and  for  the  wagonage,  cartage,  and  dray- 
age  of  property. 

Sec.  19.  To  license  and  regulate  porters  and  fix  the  rates 
of  porterage. 

Sec.  20.  To  license  and  regulate  theatrical  and  other  ex- 
hibitions, shows  and  amusements. 

Sec  21.  To  tax,  restrain,  prohibit  and  suppress,  tipling  houses, 
dram  shops,  gaming  houses,  bawdy  and  other  disorderly  houses. 

Sec  22.  To  provide  for  the  prevention  and  extinguishment 
of  fires,  and  to  organize  and  establish  fire  companies. 

Sec  23.  To  regulate  the  fixing  of  chimneys  and  the  flues 


Disorderly 
houses. 

Fire  compa- 
nies. 

Chimneys, 

flues,  &  pipes,  thereof,  and  stove  pipes. 

Combustible        Sec.  24.  To  regulate  the  storage  of  gunpowder,  tar,  pitch, 

materials.       rosin,  and  other  combustible  materials. 

Sec.  25.  To  regulate  and  order  parapet  walls  and  parti- 
tion fences. 

Sec  26.  To  establish  standard  weights  and  measures,  and 
regulate  the  weights  and  measures  to  be  used  in  the  city,  in  all 
other  cases  not  provided  for  by  law. 

Sec  27.  To  provide  for  the  inspection  and  measuring  of 
lumber  and  other  building  materials:  and  for  the  measurement 
of  all  kinds  of  mechanical  work. 

Sec  28.  To  provide  for  the  inspection  and  weighing  of  hay, 
hay,hme,  &c.  \[mc^  an(i  stone  coal,  the  measuring  of  charcoal,  fire  wood,  and 
othor  fuel,  to  be  sold  or  used  within  the  city. 

Sec.  29.  To  provide  for  and  regulate  the  inspection  of  to- 
bacco, and  of  beef,  pork,  flour,  meal,  and  whiskey  in  barrels. 

Sej.  30.  To  regulate  the  weight,  quality,  and  price  of  bread 
sold  and  used  in  the  city. 

Sec.  31.  To  provide  for  taking  the  enumeration  of  the  in- 
habitants of  the  city. 

Sec.  32.  To  regulate  the  election  of  city  officers,  and  pro- 
vide for  removing  from  office  any  person  holding  an  office 
created  by  ordinance. 

Sec.  33.  To  fix  the  compensation  of  all  city  officers  and 
regulate  the  fees  of  jurors,  witnesses  and  others,  for  services 
rendered  under  this  actor  any  ordinance. 

Sec  34.  To  regulate  the  police  of  the  city,  to  impose 
fines,  and  forfeitures  and  penalties,  for  the  breach  of  any  ordi- 


Walls  and 
fences. 

Weights  and 
measures. 


Lumber  and 
material*. 


Inspection  of 


Beef,  pork, 
&,c. 

Weight  of 
bread. 

Census. 


Removal  of 
officers. 


Jurors  and 
witnesses  fees 


City  police. 


LAWS  OF  ILLINOIS.  11 

nance,  and  provide  for  the  recovery  and  appropriation  of  such  Fines  and  for- 
fincs  and  forfeitures,  and  the  enforcement  of  such  penalties,     feitures. 

Sec.  35.  The  city  council  shall  have  exclusive  power  with-  Billiard  ta- 
in the  city,  by  ordinance,  to  license,  regulate,  and  suppress  and  b   s>  &c* 
restrain,  billard  tables,  and  from  one  to  twenty  pin  alleys,  and 
every  other  description  of  gaming  or  gambling. 

Sec.  36.  The  city  council  shall  have  power    to    make    all  Ordinances, 
ordinances  which  shall  be  necessary  and  proper  for   carrying 
into  execution  the  powers  specified  in   this  act,  so  that   such 
ordinance  be  not  repugnant  to,  nor  inconsistent  with,  the  con- 
stitution of  the  United  States  or  of  this  State. 

Sec  37.  The  style  of  the  ordinances  of  the  city  shall  be:  Style  of. 
"Be  it  ordained  by  the  city  council  of  the  city  of  Springfield.'"' 

Sec  3S.  All  ordinances  passed  by  the   city  council  shall,  When  to  take 
within  one  month  after  they  shall  have  been  passed,  be  publish-         • 
ed  m  some  newspaper  published  in  the  city,  and  shall  not  be  in 
force  until  they  shall  have  been  published  as  aforesaid. 

Sec  39.  All  ordinances  of  the  city  may  be  proven   by  the  How  proven. 

seal  of  the   corporation,  and  when  printed  and  published  by 

authority  of  the  corporation,  the  same  shall  be    received  in 

evidence  in  all  courts  and  places  without  further  proof. 

article  VI. 

Of  the  Mayor. 

Sec  1.  The  mayor  shall  preside  at  all  meetings  of  the  city  Casting  vote 
council  and  shall  have  a  casting  vote  and  no  other.     In  case  of  ot  Mayor- 
non-attendance  of  the  mayor  or  at  any  meeting,  the  board  of  ald- 
ermen shall  appoint  one  of  their  own  members  chairman,  who  chairman, 
shall  preside  at  that  meeting. 

Sec  2.  The  Mayor  or  any  two  aldermen  may  call  special  Special  meet- 
meetings  of  the  city  council.  inSs- 

Sec  3.  The  Mayor  shall  at  all  times  be  active  and  vigilant  Duties  of 
in  enforcing  the  laws  and  ordinances  for  the  government  of Mavor 
said  city;  he  shall  inspect  the  conduct  of  all  subordinate  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  aldermen  such  information,  and  re- 
commend all  such  measures,  as  in  his  opinion  may  tend  to  the 
improvement  of  the  finances,  the  police,  the  health,  security, 
comfort  and  ornament  of  the  city. 

Sec.  4.  He  is  hereby  authorised  to  call  on  uny  male  inhabi-  In  case  of  riot 
tant  of  said  city  over   the    age    of  eighteen  years  to  aid    in  ^fon  iuhab- 
enforcing  the  laws  and  ordinances;  and  in  case  of  riot,  to  callitants. 
out  the  militia  to  aid  him  in  suppressing  the  same,  or  in  carry- 
ing into  effect  any  law  or  ordinance,  and  any  person  who  shall  F.       f 
not  obey  such  call  shall  forfeit  to  the  said  city  a  fine  not  exceed-  refusal. 
ing  five  dollars. 

Sec  5.  He  shall  have  power  whenever  he  may  deem  it  Exhibit  of 
necessary  to  require  of  any  of  the  officers  of  the  said  city  an  books  and 
exhibit  of  his  books  and  papers. 

Sec.  6.  He  shall  have  power  to  execute  all  acts   that  may  To  extend  all 

arts. 


12  LAWS  OF  ILLINOIS. 

be  required  of  him  by  any  ordinance  made  in  pursuance  of 
this  act. 
Mayor  com-  Sec.  7.  He  shall  be  commissioned  by  the  Governor  as  a 
missioned  as  justice  of  the  peace  for  said  city  and  county,  and  as  such  shall 
justice  peace.  v>e  a  conservator  of  the  peace  in  the  said  city;  and  shall  have 
Powers.  power  and  authority  to  administer  oaths,  issue  writs  and  pro- 

cesses under  the  seal  of  the   city,  to  take  depositions,  the  ac- 
knowledgements of  deeds,    mortgages,  and    all  other  instru- 
ments of  writing,  and  certify  to    the  same  under  the  seal  of 
the  city,  which  shall  be  good  and  valid  in  law. 
Exclusive ju-       Sec.  8.  He  shall  have   exclus.ve  jurisdiction  in  all  cases 
nsdiction.       arising  under  the  ordinances  of  [the]  corporation,and  concurrent 
jurisdiction  with  all  justices  of  the  peace  in  all  civil  and  crim- 
inal cases  within  the  limits  of  the  city,  arising  under  the  laws 
Fees.  of  the  state,  and  shall  receive  the  same  fees  and  compensation 

for  his  services  in  similar  cases. 

Salary  of  Sec.  9.  He  shall  also   have    such  jurisdiction  as  may    be 

Mayor.  vested  in  him  by  ordinance  for  the  purpose  of  enforcing  the 

health  and  quarantine  ordinances  and  regulations  thereof,  and 

he  shall  receive  for  his   services  such  salary  as   shall  be  fixed 

by  ordinance  of  the  city. 

Mayormay  be      Sec  8.  [10.]  In  case  the  mayor  shall  at  any  time  be  guilty  of 

indicted  for     palpable  omission  of  duty,  or  shall  wilfully  and  corruptly  be 

ii'il-rond  not  »  • 

guilty  of  oppression,  mal-conduct,  or  partiality  in  the  discharge 
of  the  duties  of  his  office,  he  shall  be  liable  to  be  indicted  in 
the  circuit  court  of  Sangamon  county,  and  on  conviction;  he 
shall  be  fined  not  more  than  two  hundred  dollars;  and  the 
court  shall  have  power,  on  recommendation  of  the  jury,  to  add 
to  the  judgment  of  the  court,  that  he  be  removed  from  office. 

ARTICLE    VII. 

Proceedings  in  Special  Cases. 
Where  private      Sec  1.  When  it  shall  be  necessary  to  take  private  proper- 
property  tak-  fy?  for  opening,  widening,  or  altering  any  public  streets,  lanes, 
streets.  avenue,  or  alley,  the  corporation  shall  make  a  just  compensa- 

tion therefor  to  the  person  whose  property  is  so  taken;  and  if 
the  amount  of  such  compensation  cannot  be  agreed  upon,  the 
mayor  shall  cause  the  same  to  be  ascertained  by  a  jury  of  six 
disinterested  freeholders  of  the  city. 
Petition  by          Sec  2.   "When  the  owner  [s]  of  all  the  property  and  [on  any] 
owners  for      street,  lane,  avenue,  alley,  proposed  to  be  opened,  widened  or 
streets  "S        altered,  shall  petition  therefor,  the  city  council  may  open,  widen, 
or  alter  such  street,  lane,  avenue,  or  alley,  upon  conditon  to  be 
prescribed  by  ordinance,  but  no  compensation   shall  in  such 
case  be  made  to  those  whose  property  shall  be  taken,  for  open- 
ing, or  altering  such  street,  lane,  avenue,  or   alley,  nor    shall 
there  be  any  assessment  of  benefits  or  damages  that  may  ac- 
crue thereby  to  any  of  the  petitioners. 
Damages,  Sec  3.  All  persons  cmpannelled  to  enquire  into  the  amount 

how  assessed,  of  benefits  or  damages  which  shall  happen  to  the  owners  of 
property  proposed  to  be  taken  for  opening,  widening,  or  alter- 
ing any  street,  lane,  avenue, or  alley,  shall  be  first  sworn  to  that 


LAWS  OF  ILLINOIS.  13 

effect,  and  shall  return  to  the  mayor  their  inquest  in  writing, 
and  signed  by  the  Jurors. 

Sec.  4.  In  ascertaining  the   amount  of  compensation  for  Benefits  and 
property  taken  for  opening,  widening,  or  altering  any  street, injuries. 
lane,  avenuo,  or  alley,  the  jury  shall  take  into  consideration 
the  benefit  as  well  as  the  injury  happening  by  such  opening, 
widening,  or  altering  such  streets,  lanes,  avenues,  or  alley. 

Sec  5.  The  mayor  shall  have  power,  for  good  cause  shown  Inquest  may 
within  ten  days  after  any  inquest  shall  have  been  returned  tobe  set  aside. 
him  as  aforesaid,  to  set  the  same  aside,  and  order  a  new  inquest 
to  be  made. 

Sec  6.  The  city  council  shall  have  power  by  ordinance  to  Special  tax  to 
levy  and  collect  a  special  tax  on  the  holders  of  the  lots  in  any  improve 
street,  lane,  avenue,  or   alley,   or  part  of  any  street,  lane, strees' 
avenue,  or  alley,  according  to  their  respective  fronts  owned 
by  them,  for  the  purpose  of  paving  and  grading  the  side  walks, 
and  lighting  such  streets,  lanes,  avenues,  or  alleys. 

ARTICLE    VIII. 

Miscellaneous  Provisions. 

Sec.   1.  The   inhabitants  of  the  city    of   Springfield  are  Citizens  ex- 
hereby  exempted  from  working  on  any  road  beyond  the  limits  emPl  from 
of  the  city,  and  from  paying  any  tax  to  procure  laborers  uponcounty  tax- 
the  same,  and  from  any  tax  for  county  purposes  except  upon 
real  estate:  Provided, The  corporation  shall  support  and  provide  Proviso. 
for  all  the  resident  paupers  of  said  city,  and  pay  the  expenses 
of  the  circuit  court  in  all  criminal  cases  arising  out  of  the  of- 
fences of  any  citizen  of  said  city,  as  also  jail  fees  which  may 
accrue  therefrom,  viz:  boarding  and  lodging  of  criminals,  or 
charges  that  may  be  just  and  equitable. 

Sec  2.  The  city  council  shall  have  power  for  the  purpose  Labor  on 
of  keeping  the  streets,  lanes,  avenues,  or  alleys  in  repair,  and stree,s- 
require  any  male  inhabitants  in  said  city  of  twenty  one  years 
of  age  to  labor  on  said  street,  lane,  avenue,  or  alleys,  not  ex- 
ceeding three  days  in  each  and  every  year;   aud  any  person 
tailing  to  perform  such  labor  when  duly  notified  Dy  the  super-  Refusal  to 
visor,  shall  forfeit  and  pay  not  to  exceed  one  dollar  per  day  for labor- 
each  day  so  neglected  or  refused. 

Sec  3.  The  city  council  shall  have  power  to  provide  for  Punishment  of 
the  punishment  of  offenders,  by  imprisonment  in  county  or  city  offenders- 
jail  in  all  cases  when  such  offenders  shall  fail  or  refuse  to  pay 
the  fines  and  forfeitures  which  may  be  recovered  against  them. 

Sec  4.  The  city  council  shall  cause  to  be  published  annual- Annual  state- 
ly, a  full  and  complete  statement  of  all  moneys  received  and  mems- 
expended  by  the  corporation  during  the  preceding  year,  and 
on  what  account  received  and  expended. 

Sec  5.  All  ordinances  and  resolutions  passed  by  the  presi-  Ordinances  of 
dent  and  trustees  of  the  town  of  Springfield  shall   remain  m|rusteesin 
force  until   the  same  shall  have  been  repealed  by  the  city  coun- 
cil heieby  created:  Provided^  No  contract  or  agreement  shall  Proviso, 
be  affected  thereby. 

Sec  6.  All  suits,  actions,  and  prosecutions,  instituted,  com  Suits  and  ac- 


14  LAWS  OF  ILLINOIS. 

tions,  how       menced,  or  brought  by  the  corporation  hereby  created,  shall  be 
prosecute  .     jnstituted,  commenced,  and  prosecuted  in  the  name  of  the  city 

of  Springfield. 
Fines,  &c.  ac-      Sec.  7.  All  actions,  fines,  penalties,  and  forfeitures,  which 
cri"nf~~ ll0W  have  accrued  to   the  president  and  trustees  of  the  town  of 
Springfield,  shall  be  vested  in,  and  prosecuted  by,  the  corpora- 
tion hereby  created. 
Property  of        Sec  8.  All  property,  real  and  personal,  heretofore  bclong- 
town vested m -ng  to  tjie  president  and   trustees  of  the  town  of  Springfield 
for  the  use  of  the  said  inhabitants  of  said  town ,  shall  be,  and 
the  same  is  hereby,  declared  to  be  vested  in  the  corporation 
hereby  created. 
Charter  not  to      Sec.  9.  This  charter  shall  not  invalidate  any  act  done  by 
invalidate       fae  president  and  trustees   of  the   town  of  Springfield,  nor 
divest  them  of  any  right   which  may  have  accrued  to  them 
prior  to  the  passage  of  this  act. 
Duty  of  trus-       Sec  10.  The  President  and  trustees  of  the  town  of  Spring- 
fees  of  town  to  ^g]^  shall,  immediately  after  the  passage  of  this  law,  within 

issug  nroclci*  • 

iiiation,  the  limits  of  the  city  of  Springfield,  issue  their  proclamation 

for  the  election  of  officers,  and  cause  the  same  to  be  published 

in  all  the  newspapers  in  said  city,  for  four  weeks  in  succession 

prior  to  the  day  of  election  for  saidofficeis. 

Appeals  al-  Sec.  11.  Appeals  shall  be  allowed  from  the  decision  in  all 

lowed.  cases  arising  under  the  provisions  of  this  act,  or  any  ordinance 

passed  in  pursuance  thereof,  to  the  circuit  court  of  Sangamon 

county,  and  every  such  appeal  shall  be  taken  and  granted  in 

the  same  manner  and  like  effect  as  appeals  are  taken  from,  and 

granted  by,  justices  of  the  peace  to  the  circuit  court  under  the 

law  of  this  slate. 

Office  of  May-      Sec.  12.  Whenever  the  mayor   shall  absent  himself  from 

or  when  va-     the  city,  or  shall  resign,  or  die,  or  his  office  shall  otherwise  be 

Mayor  pro  ^  vacate^,  the  board  of  aldermen  shall  immediately  proceed  to 

tern.  elect  one  of  their  number  president,  who  shall  be  the  mayor 

pro  tern. 
Act  declared       Sec  13.  This  act  is  hereby  declared  to  be  a  public  act,  and 
public.  mav  De  reac[  in  evidence  in  all  courts  of  law  and  equity  in  this 

state  without  proof. 
Actsrepealed.  Sec  14.  All  actsor  part  of  acts  coming  within  the  provisions 
of  this  charter,  or  contrary  to  or  inconsistent  with  its  provisions, 
are  hereby  repealed. 
Jurisdiction  Sec  15.  The  city  marshal,  or  any  other  officer  authorised 
of  city  mav-_  to  execute  writs'  or  other  process  issued  by  the  mayor,  shall 
have  power  to  execute  the  same  any  where  within  the  limits 
of  the  county  of  Sangamon,  and  shall  be  entitled  to  the  same 
fees  tor  travelling  as  are  allowed  to  constables  in  similar  cases. 
Act  to  be  pub-  Sec.  16.  It  shall  be  the  duty  of  the  president  and  trustees 
lished.  of  the  town  of  Springfield,  immediately  after  the   passage  of 

this  act,  to  cause  the  same  to  be  published  twO  weeks  in  succes- 
sion in  two  of  the  public  journals  printed  in  said  town,    and 
Meeting  of  ie- thereafter  give  notice  for  a  public  meeting  of  the  legal  voters 
gal  voters.       of  said   town,  who  shall  have  been  resident  citizens  thereof 


shall  and  offi- 
cers. 


LAWS  OF  ILLINOIS.  15 

at  least  six  months  preceding  said  meeting,  to   be  held  at  the 
courthouse  on  the  first  Monday  of  April  next,  for  the  purpose  ^etjJ^°t 
of  then  and  there  voting  for  the  adoption  or  rejection  of  this  5*hi°pact. 
act.  The  majority  of  the  legal  voters  there  present  shall  deter- 
mine the  adoption  or  rejection  of  the  same;  Provided,  That  at  Proviso, 
any  subsequent  meeting,  like  notice  being  given  as  aforesaid, 
the  same  may  be  adopted  and  take  effect  immediately  there- 
after. 

Approved  by  the  Council,  Feb.  3,  1840. 


AN  ACT  in  relation  to  the  State  Bank  of  Illinois.  In  force  Jan. 

31,  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  fHin&jg\  charter  of 
represented  in  the  General  Assembly,  That  the  State  Bank  of  state  Bank 
Illinois  is  hereby  revived,  and  the  forfeiture  of  its  charter    for  revived.  _ 
refusing  to  pay  for  its  notes,  or  other  evidences  of  debt,  in  spe- 
cie, is  hereby  set  aside;  and  said  bank  is  hereby  authorized  to 
transact  all  business  as  a  body  corporate,  in  as  full  and  complete 
a  manner  as  she  might  have  done  if  said  bank  had  not  suspend- 
ed specie  payments;  and  every  provision  of  law  requiring  or 
authorizing  proceedings  against  said   bank,  with  a  view  to 
fotfeit  its  charter,  or  wind  up  its  concerns,  or  which  requires 
said  bank  to  suspend  its  operations  and  proceedings  in  conse- 
quence of  its  refusal  to  pay  its  notes,  and  other  evidences  of  Time  of  revi- 
debt,  in  specie,  is  hereby  suspended,  until  the  close  of  the  next  val  of  charter, 
session  of  the  General  Assembly  of  the  State  of  Illinois:  Pro-  Proviso. 
vided,  however,  That  to  secure  the  benefit  of  the  foregoing  pro- 
visions, the  said  bank  shall  agree  to  conform  to,  and  comply  with, 
the  following  conditions,  restrictions,  and  limitations,  to  wit: 

First.  The  said  bank  shall  not  hereafter  make  any  loan  on  First. 
an  hypothecation  of  the  stock  of  the  bank. 

Second.  That  it  will  not,  directly  or  indirectly,  during  its  Second, 
suspension  of  specie  payments,  sell,  dispose  of,  or  part  with, 
any  of  its  specie,  or  gold  or  silver  bullion,  except  for  the  pur- 
poses of  change,  to  the  amount  of  five  dollars,  or  under  the  sum 
of  five  dollars. 

Third.  That  it  will  furnish  monthly,  to  the  Executive  of  the  Third. 
State,  a  full  and  complete  statement  of  the  condition  and 
financial  operations  of  said  bank,  and  its  branches,  verified  by 
the  oath  of  [the]  president  or  cashier  of  said  bank,  which  state- 
ment shall  be  published  in  the  newspaper  of  the  Public 
Printer. 

Fourth.  That  it  will  not,  either  directly  or  indirectly,  issue,  Fourth* 
or  put  into  circulation,  during  the  period  of  its  suspension  of 
specie  payments,  any  bank  bill,  or  note,  or  any  evidence  of 
debt,  by  whicb  its  circulation  will  be  increased  beyond  the 
amount  of  the  capital  stock  actually  paid  in. 

Fifth.  That  it  will  receive,  upon  deposite,  any  funds  belong-  Fiftfe, ' 
ing  to  the  State,  which  may  be  required  to  be  so  deposited, 


10 


LAWS  OF  ILLINOIS. 


Sixth. 


Seventh, 


Eighth. 


Ninth. 


Tenth. 


Shall  receive 
its  own  bills. 


Acceptance 
of  provisions 
to  be  filed  with 
Sec.  of  State. 


and  pay  the  same  out  upon  the  order  of  the  proper  officer  or 
agent  of  the  State,  in  kind,  free  from  charge;  and  also,  all 
funds  heretofore  deposited  by  the  State. 

Sixth.  Hereafter,  any  stockholder  in  said  bank,  owning  five 
shares  of  the  stock  of  said  bank,  shall  be  qualified  to  act  as 
director  of  said  bank. 

Seventh.  That  until  said  bank  shall  resume  specie  payments, 
citizens  and  residents  of  this  State,  who  are  indebted  to  them 
upon  notes  heretofore  discounted,  shall  be  allowed  to  pay  their 
debts  in  instalments,  at  the  rate  of  ten  per  cent,  upon  each 
and  every  renewal  upon  the  amount  originally  due,  upon  con- 
dition that  such  debtors  shall  execute  new  notes  with  satisfacto- 
ry security,  arid  pay  the  aforesaid  per  cent.,  and  the  interest  in 
advance,  according  to  the  uses  [usages]  and  customs  of  bank- 
ing: Provided,  That  this  section  shall  not  apply  to  notes  or 
bonds  assigned  or  endorsed  to  the  bank. 

Eighth.  That  the  said  bank  shall  not,  after  their  acceptance 
of  the  provisions  of  this  act,  suffer  any  person,  firm,  or  house, 
to  become  indebted,  at  any  one  time,  to  the  parent  bank,  or 
either  of  its  branches,  as  principal,  or  maker,  of  any  promisso- 
ry note,  or  notes,  in  a  sum  greater  than  ten  thousand  dollars. 
That  it  shall  not  suffer  any  person,  firm,  or  house,  to  become 
indebted  to  the  parent  bank,  or  any  [either]  of  its  branches,  as 
security  or  endorser,  on  promissory  notes,  in  a  sum  greater  than 
ten  thousand  dollars,  and  that  it  shall  not  suffer  any  person, 
firm,  or  house,  to  become  indebted  to  said  bank,  or  either  of 
its  branches,  as  drawer,  or  endorser,  of  bills  of  exchange,  in 
a  sum  greater  than  twenty-five  thousand  dollars;  and  in  case 
any  person,  firm,  or  house,  shall,  at  the  time  of  the  acceptance 
of  this  act  by  said  bank,  be  indebted  to  it  in  any  manner  great- 
er than  is  allowed  by  the  preceding  limits,  said  bank  shall 
proceed  to  call  in  said  debt  by  instalments,  until  it  shall  not 
exceed  the  amount  allowed  by  the  above  provisions. 

Ninth.  That  at  the  next  election  for  choosing  directors  of 
said  bank,  under  the  provisions  of  its  charter,  not  less  than 
three  persons  not  now  Directors,  shall  be  chosen  Directors  by 
the  stockholders;  and  thereafter,  at  each  election,  at  least  two 
new  Directors  shall  be  elected. 

Tenth.  After  the  acceptance  of  this  act,  if  said  bank  shall 
fail  to  comply  with  any  of  the  conditions,  restrictions,  or  lim- 
itations, herein  imposed,  it  shall  be  liable  to  be  proceeded 
against  as  may  now  be  done  for  a  violation  of  any  of  the  pro- 
visions of  the  original  charter  of  said  bank. 

Sec.  2.  The  State  Bank  of  Illinois  shall  at  all  times  receive 
its  own  bank  bills  in  payment  of  any  demand,  debt,  or  claim, 
due  to  the  bank,  from  any  individual  or  corporation  whatever. 

Sec.  3.  Whenever  the  State  Bank  shall  accept  the  provis- 
ions of  this  act,  and  the  president  thereof  shall  file, in  the  office 
of  the  Secretary  of  State,  a  certificate  of  the  fact  of  such 
acceptance,  under  the  corporate  seal  of  said  bank,  then  from 
and  after  the  filing  such  certificate,  said  bank  shall  be  considered 


LAWS  OF  ILLINOIS.  17 

as  entitled  to  the  benefits  of  this  act,  and  shall  be  bound  by  all 
the  conditions,  restrictions,  and  limitations  herein  contained. 

Sec.  4.  This  act  shall  not  be  construed  so  as  to  impair  any  Rights  not 
rights  acquired  by  individuals,  or  to  prevent  the  holders  of  its  imPaired- 
notes,  and  other  evidences  of  debt,  from  bringing  and  main- 
taining suits  against  said  bank,  for  any  notes,  or  other  eviden- 
ces of  debt,  which  they  now  have,  or  may  hereafter  hold,  against 
it;  and  the  provisions  of  this  section  shall  apply  as  well  to 
notes  heretofore  issued,  as  to  notes  which  may  hereafter  be 
issued  by  said  bank. 

Sec  5.  The  Directors  of  the  parent  [bank]  shall,  within  six  Bran  chat 
months  from  the  passage  of  this  act,  remove  from  Chicago  the  Chicago  t0  he 
branch  located  at  that  place,  and  establish  the  same  at  such  jn  sjx  m0nths. 
other  place  as  the  bank  may  deem  proper. 

Approved,  by  the  Council,  January  31st,  1840. 


AN  ACT  to  incorporate  the  Rock  Island  University.  In  force,  Jan, 

18,  1840. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the   General  Assembly,  That  Charles   Oakley,  persons  com- 
Charles  S.  Hempstead,  Joshua  Harper,  Charles^  C.  Wilcox,  posing  body 

Philip  K.  Hanna, .  Osborn,  Samuel  L.  Lamberson,  Ru-  corporate. 

fus  J.  Hervey,  Charles  G.  Thomas,  Jonathan  K.  Woodruff, 
Germanicus  Kent,  James  H.  Gower,  Alonzo  P.  Clapp,  Lucius 
Wells,  and  William  Hammond,  and  their  successors,  be,  and 
they  are  hereby  created  a  body  politic  and  corporate,  to  be 
styled  and  known  by  the  name  of  "the  Trustees  of  the  Rock  Name  and 
Island  University."  style. 

Sec.  2.  The  said  University  shall  remain  located  at  or  near  Location  of 
Hampton,  in  the  county  of  Rock  Island.     The  number   of  Universit7- 
trustees  shall  not  exceed  fifteen,  exclusive  of  the  chancellor,  or  Number  of 
presiding  officer  of  said  university,  who  shall,  ex  officio,  be  a  chancellor 
member  of  the  Board  of  Trustees.     No  other  instructor  shall 
be  a  member  of  the  board. 

Sec  3.  The  object  of  said  corporation  shall  be  to  qualify  object  of  cor- 
youth  to  engage  in  the  several  employments  and  professions  of  poration. 
society,  and  to  discharge  honorably  and  usefully  the  various 
duties  of  life. 

Sec.  4.  The  said  corporation  shall  have  power  to  purchase,  p0were. 
receive  and  hold,  for  the  sole  use  and  benefit  of  said  Universi- 
ty, such  personal  property  as  may  be  proper  and  useful  in 
promoting  the  cause  of  literature  therein;  and  in  its  corporate 
name  to  sue,  and  be  sued,  plead,  and  be  impleaded,  answer, 
and  be  answered,  in  all  courts  of  law  and  equity;  to  have  a 
common  seal,  and  to  alter  or  change  the  same;  to  make  such 
by-laws  lor  its  regulation  as  are  not  inconsistent  with  the  con- 
stitution and  laws  of  this  State  or  of  the  United  States;  and 
to  confer  on  such  persons  as  may  be  considered  worthy,  such 
2 


18  LAWS  OF  ILLINOIS. 

Degrees  may  academical  or  honorary  degrees  as  are  usually  conferred  by 

be  conferred.    simi}ar  institutions. 

Sec.  5.  The  trustees  of  said  corporation  shall  have  authori- 
ty to  elect  a  chancellor,  to  regulate  all  financial  affairs,  and  to 
Proviso.  fill  the  various  offices  of  instruction:  Provided,  That  no  per- 

son be  appointed  to  such  office,  except  he  be  first  nominated  by 
Further  pro-  the  chancellor:  Provided,  also,  That  nothing  herein  contained 
viso.  shall  authorize  the  establishment  of  a  theological  department 

in  said  University. 
Trustees  may      Sec.  6.    The  trustees  for  the  time  being  shall  have  power  to 
be  removed.    remove  any  trustee  from  his  office  of  trustee  for  any  dishonor- 
Proviso,  able  or  criminal  conduct:  Provided,  That  no  such  removal  shall 
take  place  without  giving  to  such  trustee  notice  of  the  charges 
exhibited  against  him,  and  an  oppoitunity  to  defend  himself  be- 
fore the  board,  nor  unless  that  two-thirds  of  the  whole  num- 
ber of  trustees,  for  the   time   beipg,    shall  concur  in  such  re- 
moval.    The  trustees  for  the  time  being,  in  order  to  have  per- 
petual succession,  shall  have  power  as  often  as  a  trustee  shall 
h  ap?,nc,ies  t0  be  removed  from  office,  die,  resign,  or  remove  out  of  the  State, 
to  appoint  a  resident  of  the  State  to  fill  the  vacancy  thus  made 
in  the  board  of  trustees.     A  majority  of  the  trustees  for  the 
Quorum.         time  being,  shall  be  a  quorum  to  do  business. 

Sec.  7.  The  trustees  shall  faithfully  apply  the  funds  collect- 
Funds,  how    ed,  or  hereafter  collected,  according  to  their  best  judgment,  in 
applied.         erecting  suitable  buildings,   in  supporting  the  necessary  in- 
structors, officers  and  agents,  in  procuring  books,  maps,  charts, 
globes,  philosophical,  chemical  and  other  apparatus  necessary 
to  aid  in  the   promotion  of  sound  learning  in  the  University: 
Proviso.  Provided,  That  in  case  any  donation,  devise  or  bequest  shall  be 

made  for  particular  purposes,  accordant  with  the  objects  of  the 
institution,  and  the  trustees  shall  accept  the  same;  every  such 
donation,  devise,  or  bequest,  shall  be  applied  in  conformity 
Further   pro-  with  the  express  condition  of  the  devisors  or  donor:  Provided, 
yis0'  also,  That  lands  donated  or  devised  as  aforesaid  shall  be  dis- 

posed of  as  required  by  the  tenth  section  of  this  act:  And 
Still  further  provided,  farther,  That  the  said  corporation  shall  have  power 
proviso.  ^Q  pUrc}jase5  an(j  j^id  n0  greater  quanty  of  land  than  six  hun- 

dred and  forty  acres  (which  power  is  hereby  conferred)  except 
the  same  is  acquired  by  donation. 

Sec.  8.  The  treasurer  of  said   University,  always,  and  all 
other  agents   when  required  by  the  trustees,  before  entering 
Bonds  of  offi-upon  the  duties  of  their  appointments,  shall  give  bond  for  the 
cers-  security  of  the  corporation,  in  such  penal  sum,  and  with  such 

Process  securities  as  the  Board  of  Trustees  shall  approve,  and  all  pro- 

against  cor-   cess  against  the  said  corporation  shall  be   by  summons,  and 
poration,  how  service  of  the  same  shall  be  by  leaving  an  attested  copy  with 
the  treasurer  of  the  University,  at  least  thirty  days  before  re- 
turn day  thereof. 
University  Sec.  %  The  said  University   and  its  preparatory  depart- 

free  to  all       ments  shall  be  open  to  all  denominations  of  Christians,  and  the 
Christians,      profession  of  any  particular  religious  faith  shall  not  be  requir- 


LAWS  OF  ILLINOIS.  19 

ed  of  those  who  become  students.  All  persons,  however,  may  Idle  and  vi- 
be suspended  or  expelled  from  said  University,  whose  habits  ^a^be  expel- 
are  idle,  or  vicious,  or  whose  moral  character  is  bad.  led. 

Sec.  10.  The   lands,  tenements  and  hereditaments  to  be 
held  in  perpetuity  in  virtue   of  this  act,  shall  not  exceed  six  Limit  of  lands 
hundred  and  forty  acres,  except  such  as   are  for  University  t0  be  neld- 
buildings    and   necessary    appurtenances:  Provided,  however, pr0viso. 
That  if  donations,  grants,  or  devises  in  land  shall  from  time  to 
time  be  made  to  said  corporation  over  and  above  said  six  hun- 
dred and  forty  acres  which  may  be  held  in  perpetuity  as  afore- 
said, the  same  may  be  received  and  held  by  said  corporation  Lands  by 
for  the  period  of  nine  years  from   the  date  of  such  donation,  gram  may  be 
grant  or  devise;  at  the  end  of  which  time,  if  said  lands  over         mne 
and  above  the  said  six  hundred  and  forty  acres  shall  not  have- 
been  sold  by  the  said   corporation,  then,  and  in  that  case,  the 
said  land  so  donated,  granted,  or  devised,  shall  revert  to   the  When  lands 
donor,  or  grantor,  or  to  the  heirs  of  the  devisor  of  the  same.     sha11  revert. 

Approved,  January  1 8th,  1840. 


AN  ACT  for  the  incorporation  of  the  Fayette  Steam  Mill  Company.       jn  forCe,  Jan. 

18,  1840. 

Sec  1.  Be  it  enacted  by  the  people  of  the  State   of  Illinois'1 
represented  in  the  General  Assembly,  That  James  Black,  Jo-  Persons  com- 
seph  Chaffin,  Fred'k  Remann,  Benjamin  Buckmaster,  Harvey  J^^ate30^ 
Lee,  John  Denton,  Joseph  T.  Eccles,  R.  K.  McLaughlin  and      p 
N.  M.  McCurdy,  and  their  associates,  successors,  and  assigns, 
be,  and  they  are  hereby  constituted  a  body  politic  and  corpor- 
ate by  the  name  and  style  of  "The  Fayette  Steam  Mill  Com-  Name  and 
pany,"  for   the  more   convenient  owning  and  conducting  astvle» 
steam-saw  and  grist-mill,  to  be  propelled  by  one  or  more  steam 
engines,  in  the  county  of  Fayette;  and  the  transactions  of  all 
the  usual  business  of  companies  engaged  in  the  manufacture 
of  flour,  meal  and  lumber,  and  the  transportation,  and  vending 
the  same;  and  the  said  corporation,  by  the  said  name,  is  de- 
clared, and  hereby  made  capable  in  law,  to  sue,  and  be  sued,  Powers, 
to  plead,  and  be  impleaded,  to  have  a  common  seal,  and  the 
same  to  alter  and  renew  at  pleasure;  to  make  rules  and  by-laws 
for  the  regulation  and  management  of  the  said   corporation, 
consistent  with  the  laws  of  this  State;  and  generally  to  do 
and  execute  whatever  by-law  shall  appertain  to  such  bodies 
politic:  Provided,  That  nothing    herein  contained,   shall   be  Proviso, 
considered  as  conferring  on  the  said  corporation  any  banking  Banking  pri- 
privileges,  but  they  shall  be  exclusively  confined  to  the  opera-  vlleges  not 
tions  necessary  for  carrying  on  the  business  consequent  upon  gr 
the  running  and  conducting  of  Steam-mills. 

Sec  2.  The  said  corporation  shall  have  the  right  to  hold,  May  hold  one 
possess,  and  enjoy,  any  quantity  of  land,  not  exceeding  one  thousand  a-  _ 
thousand  acres,  and  the  whole  amount  of  capital  stock  shall  capital  stock, 
not  exceed  in  value  twenty  thousand  dollars,  and  shall  be  di- 


20  LAWS  OF  ILLINOIS. 

vided  into  two  hundred  shares  of  one  hundred  dollars  each; 

which  capital  shall  be  employed  in  purchasing  and  holding  the 

Capital,  how  lands  aforesaid,  and  in  procuring,  constructing,  employing,  and 

employed,      using,  buildings,  machinery,  teams,  tools,  and  utensils  and  all 

things  necessary  and  proper  for  the  manufacturing  of  meal, 

flour  and  lumber,  and  transportation  and  sale  of  the  same,  and 

the  purchase  of  corn,   wheat,  timber,  and  other  materials  for 

the   successful   prosecution  of  the  object  of  the   company. 

Certificate  of  Every  member  of  the  company  shall  have  a  certificate,  under 

stock.  the  seaj  0f  tne  corporation,  and  made  and  altered,  in  such 

manner  and  form  as  the  by-laws  shall  prescribe,  certifying  his 

property  in  the  share  or  shares  owned  by  him ;  and  the  stock  of 

g     ,  ■    said  company  shall,  in  the  nature  of  personal  property,  be  as- 

ferable.  signable  and  transferrable  according  to  such  rules  as  the  board 

of  directors  shall  establish;  and  no   stockholder  indebted  to 

No  transfer  to  the  company  shall  be  permitted  to  make  a  transfer  or  receive 

be   made  till  a  dividend,  until  such  debt  is  discharged,  or  se'curity  given  for 

to  corporat'n. tne  same  to  tne  satisfaction  of  the  directors. 

Sec.  3.  For  the  managing  of  the  affairs  of  the  said  corpora- 
Directors  how  tion,  there  shall  be  chosen  from  the  stockholders,  seven  direc- 
cbosen .  ^ors,  ^q  sna]j  hold  their  office  for  one  year,  or  until  superceded 

by  others.     Ten  days  previous  notice  shall  be  given  in  one  or 
more  newspapers,  published  in  the  town  of.  Vandalia,  of  the 
First  election,  first  election  for  directors  under  this  ad,  and  there  shall  be 
annually  thereafter,  a  like  election  for  directors,  in  the  town 
of  Vandalia.     In  all  such  elections  for  directois,  each  proprie- 
Eaoh  share,     tor  of  a  share  in  the  capital  stock  shall  be  entitled  to  one  vote 
one  vote.        for  each  and  every  share  held  and  owned  by  him,  which  vote 
shall  be  given  either  by  himself  in  person,  or  by  his  proxy  duly 
authorized  under  seal,  and  a  majority  of  the  shares  shall  be 
necessary  to  a  choice  of  directors,  or  the  transaction  of  any 
business  which  may  concern  the  company  and  come  before  the 
stockholders. 
Quorum.  Sec.  4.  A  majority  of  the  directors  shall  form  a  quorum  to 

transact  business,  and  they  shall  meet  within  thirty  days  from 
the  time  they  shall  have  been  chosen,  at  Vandalia,  and  choose 
President,  by  ballot  one  of  their  number  for  President,  who  shall  serve 
how  chosen.  for  one  year,  or  until  superceded  by  a  new  election;  and  there 
A  ,  ,  shall  be,  annually  thereafter,  a  like  election  in  the  town  of 
tion,"  where  °~  Vandalia,  by  the  said  directors  for  the  time  being,  of  a  Pre- 
held.  sident  for  the  said  corporation.     The  said  directors  shall  also 

Secretary  and  have  power  to  choose  and  appoint  a  Secretary,  and  Treasurer, 
Treasurer,&c.  and  such  other  officers  and  agents  to  conduct  and   prosecute 
the  business  of  the  said  corporation  as  they  shall  deem  neces- 
sary and  proper,  and  prescribe   their  duties  from  time  to  time 
in  such  way  as  said  directors  may  think  best.     The  said  di- 
Books  of  re-  rectors  shall  cause  to  be  kept  duly  recorded  in  books  to  be  pro- 
cord,  vided  and  kept  for  the  purpose,  minutes  of  all  their  proceedings, 
and  regular  accounts  of  all  their  transactions;  as  also  minutes  of 
the  proceedings  of  the  stockholders  at  each  of  their  meetings, 


LAWS  OF  ILLINOIS.  21 

which  books  may  at  any  time  be  inspected  by  any  of  the  stock- 
holders. 

The  said  directors  shall  have  power,  for  good  cause,  to  be 
spread  at  large,  together  with  the  proof  in  support  thereof, 
upon  the  minutes  aforesaid,  to  remove  the  President  from  of-  President 
fice;  they  shall  have  power  also  to  supply  any  vacancy  which  may  *>e  re- 
may  occur  in  the  office  of  President,  or  in  their  own  body;  and 
the  President  or  Directors  thus  chosen  shall  hold  his  office  Termofoffice. 
until  the  next  succeeding  regular  annual  election  for  such  of- 
ficer. 

Sec.  5.  The  directors  may,  from  time  to  time,  at  any  meet- 
ing, assess  and  require  payment  of  such  sum  of  money  not  Instalmentsof 
exceeding  twenty  per  cent,  upon  each  share  of  the  capital  how  called  in! 
stock,  as  shall  be  judged  by  them  necessary  for  the  purposes  of 
the  corporation,  to  be  paid  into  the  hands  of  the  Treasurer, 
and  if,  after  publication  of  notice  in  a  newspaper,  once  a  week 
for  two  months,  of  the  time  of  payment  of  any  proportion  or 
instalment  of  said  capital  stock,  if  any  stockholder  shall  fail  to 

pay  his  instalment  at  the  time  specified  in  such  notice,  the  when  insta; " 
r    J  *        iiii  l         u    n  ments  are  not 

amount  paid  by  such  delinquent  stockholder,  previously,  snail  pajd,  stock 

be  forfeited  to  the  company,  and  his  stock  may  be  sold  to  any  may  be  sold. 

person  for  such  price  as  may  be  agreed  upon  between  said 

company  and  the  purchasers. 

Sec.  6.  Dividends  of  the  nett  profits  of  the  said  company 
shall  be  made  at  such  time  as  shall  be  determined  by  the  stock-  Dividends, 
holders  in  general  meeting,  which  dividend  shall  be  paid  to  the  ^a^andhow 
person  entitled  to  the  same,  on  demand  made  ten  days  after 
making  and  declaring  such  dividend.  The  declaring  and 
amount  of  said  dividend  shall  be  published  once  or  more  in  the 
nearest  newspaper. 

Sec  7.  The  Treasurer  of  said  company,  within  thirty  days  Treasurer  to 
after  his  appointment,  shall  enter  into  bonds  for  the  faithful  dis-  Slve  bon  • 
charge  of  his  duties,  in  such  amount  as  shall  be  designated  by 
the  Board  of  Directors,  and  with  such  securities  as  said  board 
may  approve;  and  all  money  accruing  to  the  company  and 
falling  into  the  hands   of  said  Treasurer  shall  be  by  him  de-  Moneys, 
posited  in  the  Vandalia  branch  of  the  State  Bank,  to  the  credit  where  depas- 
of  said  company,  whenever  the  same  shall  exceed  one  hun-surer/ 
dred   dollars;  said   money  when   so  deposited   shall  only  be 
drawn  therefrom  for  the  use  of  said  company  on  a  check  of  Moneys,  how 
the  Treasurer,  countersigned  by  the  President  of  the  cor-  drawn . 
poration. 

Sec    8.  The  stock  of  said  company  shall  be  deemed  per-  Stock  deemed 
sonal  estate,  and  pass  as  such  to  the  legal  representative  0fPersonal- 
each  stockholder:  Provided,  That  the  real  estate  which  may  Proviso, 
be  held  by  said  corporation  shall  be  sold  and  conveyed  when 
they  may  think  proper  so  to  dispose  of  it,  according  to  the 
forms,  and  in  the  manner  prescribed  by  the  law  conveying  real 
estate;  the  President  of  the  company  making  the  acknowledg- 
ment on  behalf  of  the  corporation:    And  provided,  further,  Further provi- 
That  the  said  corporation,   during  the  period  of  its  existence  so' 


22  LAWS  OF  ILLINOIS. 

Limit  of  which  shall  terminate  at  the  expiration  of  twenty  years  from 

the  passage  of  this  act,  shall  not  purchase  and  hold  any  greater 
quanty  of  land  than  one  thousand  acres. 
Approved,  January  18.  1840. 


In  force,  Jan.  AN  ACT  to  authorize  the  county  of  Jo  Daviess  to  borrow  money. 

18,  1840.  J 

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  Jo  Daviess,  may,  by  an  order 
to  be  entered  upon  the  records  of  said  court,  appoint  a  corn- 
Commission-   missioner,  whose  duty  it  shall  be  to  borrow  such  sum  or  sums 
er   to  borrow     c  ,     f  ,  ,  ,         .  ,  .      , 

money.  °'  money,  as  may  be  necessary  to  enable  said  county  to  com- 

plete the  new  courthouse,  in  the  town  of  Galena,  in  said 
county,  and   the  said  commissioner  is  hereby  authorized  to 

Real  estate  to  mortgage  any  of  the  real  estate  of  said  county,  to  secure  the 
be  morte-as;ed  u     c  c  i  j 

as  security,     payment  or  any  sum  or  sums  or  money  so  borrowed. 

Sec  2.  Any  mortgage  deed,  made  by  such  commissioner, 
under  his  hand  and  seal,  on  behalf  of  said  county,  for  the  pur- 
poses aforesaid,  duly  acknowledged  and  recorded,  shall  in  all 
respects  be  valid  and  binding  upon  said  county,  and  shall  en- 
able the  mortgagee  of  such  deed  to  prosecute  to  effect  said 
,  county  for  a  breach  of  the  conditions  of  such  deed,  in  the 
same  manner  as  is  pointed  out  in  the  18th  section  of  the  act 
entitled  an  act  concerning  judgments  and  executions,  ap- 
proved January  17,  1825. 

Sec  3.  In  any  suit  instituted  under  the  provisions  of  this 
Writ  of  wire  act,  the  scire  facias  required  by  said  [act]  to  be  issued  may 
facias.  kg  jeft  wj(;j1  ^   cierjj  0f  sajj   court,  ten  days  'previous  to 

Service  of      the  return  day  thereof,  which  shall  constitute  a  sufficient  ser- 
vice thereof   to  authorize  the  proper  court,    before  which 
such  suit  is  instituted,  to  proceed  and   render  judgment  ac- 
cording to  justice  and  merits  of  the  case. 
Approved,  January  18,  1810. 


In  force,  Jan.  AN  ACT  to  revive  and  continue  in  force  an  act,  entitled   "  An  act  to  lo- 
18,  1840.  cate  a  certain  State  road  therein  mentioned,  approved  Feb.  27,  1839." 

Sec  1.   Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the    General   Assembly,  That  an  act,  entitled 
Act    revived,  an  act  to  locate  a  certain  State  road  therein  mentioned,  ap- 
&  further  time  proved  February  27,  1839,  be  revived,  and  that  the  period 
cate^road.0  allowed  the  commissioners,  appointed  by  said   act,  to 

perform  the  duties  therein  assigned  them  therein,  be  extend- 
ed to  one  year  from  the  passage  of  this  act. 
Approved,  January  18,  1840. 


LAWS  OF  ILLINOIS.  23 

AN  ACT  to  authorize  H.  H.  Gear  to  keep  a  ferry  across  the  Mississippi  In  force,  Jan. 

river.  18,  1840. 

* 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Hezekiah  II.  Gear, 
of  the  county  of  Jo  Daviess,  is  hereby  authorized,  and  licens- 
ed to  keep  a  ferry  across  the  Mississippi  river,  at  and  from  a  Location  of 
a  point  in  said  river,  in  the  county  of  Jo  Daviess,  and  oppo- ferr^' 
site  the  mouth  of  •'  Tete  de  Mort,"  in  the  territory  of  Iowa; 
and  the  said  Gear,  his  heirs  and  assigns,  shall  have   the  right 
of  having,  maintaining,  and  using  a  ferry  across  the  said  river, 
at  the  place  before   mentioned,  and  to  have  and   receive  all 
advantages  and  emoluments  arising  from  the  use  of  said  ferry, 
for  and  during  the  term  often  years:  Provided, however,  That  Proviso 
the  county  commissioners'  court,  of  the  county  of  Jo  Daviess 
shall  have  the  right  to  assess  an  annual  tax  upon  the  said  fer- 
ry equal  to  that  levied   upon  other  ferries  severally    situated 
in  said  county. 

Approved,  January  18,  1840. 


AN  ACT  to  amend  an  act,  entitled  "An  act  to  incorporate  the  Rock  Island  t     r  t 

Mutual  Fire  Insurance  Company."  ,^  'Jcmq 

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

represented  in  the  General  Assembly,  That  the  said  corpora-  ^     . 

jj-..-        j.     *l  i        "l   c  i    i       .i  i  Further  pow- 

tion,  in  addition  to  the  powers  heretofore  granted,  by  the  act  ers  granted  to 

to  which  this  is  an  amendment,  are  hereby  authorized  to  take  corporation 

risks,  and  effect  insurances,  on  all  classes  of  personal  property 

within  the  limits  of  this  State. 

Approved,  January  18, 1840. 


AN  ACT  to  amend  an  act  to  incorporate  Knox  Manual  Labor  College.    i„  force  jan> 

18,  1840. 
Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  period  of  three 
years,  allowed  to  the  Trustees  of  Knox  Manual  Labor  College, 
by  the  ninth  section  of  the  act,  to  which  this  is  an  amendment, 
for  holding  donations,  grants,  or  devices  in  lands,   be,  and 
the  same  is  hereby  extended  to  seven  years,  in  addition  to  foj^naJ- 
the  aforesaid  period  of  three  years,  any  thing  in  said  section  changed  to  7 
to  the  contrary  notwithstanding.!  years 

Approved,  January  18,  1840. 


24  LAWS  OF  ILLINOIS. 

In  force,  Jan.  AN  ACT  to  establish  Insurance  Offices  in  Morgan,  Pike  and  Scott  counties. 
27,  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  re- 
presented in  the  General  Assembly,  That  the  following  privi- 
Insurance       leges  and   powers  are  hereby  conferred  upon  and  granted 
powers  grant  to  the  Winchester,  Lynnville  and  Jacksonville  Railroad  Com- 
pany, incorporated  by  an  act  passed  on  the  eighteenth  day 
of  January,  in  the  year  eighteen  hundred  and  thirty-six. 

First.  To  use  the  stock  and  effects  of  said  company, 
in  the  business  of  insurance,  and  to  become  to  all  intents 
and  purposes  an  Insurance  Company. 

Second.  To  establish  and  keep  in  operation,  insurance 
Location  of  offices  in  Jacksonville  and  Winchester;  all  the  business  and 
offices  operations  of  the  company,  to  be  under  the  direction  of  the 

rectors  as  heretofore. 
By-laws  to  be      Third.     To  change  the  by-laws  of  the  corporation,  so  as 
changed          to  make  them  applicable  and  appropriate  to  the  business  and 
operations  of  an  insurance  company,  and   to  make  such  ad- 
Additional  by  ditional  by-laws,  not  inconsistent  with  the  laws  of  the  land, 
as  may  be  found  necessary  to  carry  on  the  business  of  the 
company. 

Sec.  2.  Said  company  shall  be  authorized  to  make  insu- 
rances upon  vessels  and  their  cargoes,  or  either,  navigating 
the  high  sens  or  the  lakes,  and  upon  vessels  and  boats  of  any 
description  and  their  cargoes,  or  either,  navigating  rivers  and 
canals:  to  make  insurance  upon  houses,  mills  and  other  build- 
Exception  ings,  (excluding  distilleries)  goods,  chattels,  wares,  and  mer- 
chandize, money,  and  every  description  of  property  usually 
insured  by  other  companies  in  the  State;  also  upon  bottomry, 
loans,  and  upon  lives,  and  also  to  cause  itself  to  be  re-insured 
against  all  risks  or  perils  upon  which  it  may  have  made  insu- 
rance, and  to  make  advances  of  money  upon  bottomry  and 
respondentia,  upon  such  terms  as  are  authorized  by  the  ex- 
isting laws  of  this  Slate. 

Sec.  3.  The  directors  shall  prescribe  in  their  by-laws  the 
Policies  of  in- manner  of*  executing  their  policies  of  insurance;  the  terms 
surance  0f  insurance  shall  be  such  as  may  be  agreed  upon,  as  well  as 

the  provisions  and  times  of  payment. 
Stockholders       Sec  4.     The  stockholders  shall  severally  be  held  liable 
habie  ^Q  crec]itorg?  for  the-  amount  of  stock  subscribed.     The  liabi- 

lities of  the  company  shall  never  exceed  the  amount  of  sub- 
scriptions of  stock,  and  for  all  excess  of  liability  the  diiec- 
Wben  Direc- tors  under  whose  authority  or  by  whose  permission  such  ex- 
tors  shall  be  cess  may  arise,  shall  be  jointly  and  severally  liable  for  the 
liable  same> 

Sec.  5.     The   real   estate  now  owned   by  the   company, 

Capital  stock  shall  be  held  as  capital  stock  at  its  cost,  and  the  company 

shall  not  hereafter  purchase  or  hold  any  other  real  estate  in 

fee  simple,  except  one  town  lot  in  Jacksonville  and  one  in 

Winchester,  on  which  to  erect  the  buildings  necessary  to  the 

Proviso  transaction  of  its  business:  Provided,  however,  that  in  cases 


LAWS  OF  ILLINOIS.  25 

where  real  estate  may  be  sold  to  satisfy  debts  due  the  compa- 
ny, the  same  may  be  purchased  in  satisfaction  of  such  debts, 
but  all  real  estate  so  purchased,  shall  be  offered  for  sale  at 
public  vendue,  at  least  once  in  each  year,  and  shall  be  sold  sojj  for debts 
whenever  the  amount  of  the  judgment  under  which  the  pur- 
chase was  made,  shall  be  offered  at  any  such  sale. 

Sec.  6.  Said  company  shall  not  directly  or  indirectly  deal  Company  not 
or  trade  in  goods,  wares  or  merchandize,  or  engage  in  any  to  deal  in  any 
other  business,  or  use  its  means  for  any  other  purpose  than  as  other  business 
expressly  authorized  by  its  charter. 

Sec.  7.  The  present  subscribers  to  the  capital  stock  shall 
be  entitled  to  the  benefit  of  their  subscriptions,  and  to  all 
payments  made  thereon;  and  the  organization  of  the  com  pa- Organization 
uy  shall  be  deemed  to  have  been  conformable  to  law.  The  of  company 
change  in  the  charter  authorized  by  this  act  shall  not  release 
or  affect  any  liability  of  the  company  now  existing  against  it; 
and  all  the  powers  and  rights  conferred  upon  said  company, 
shall  be  continued  so  far  as  they  may  be  consistent  with  the 
provisions  of  this  act. 

Sec  8.  Suid  company  shall  not  have  power,  if  this  amend-  Powers  to 
ment  is  adopted  to   the  charter,  to   make  or  construct  any  make  roads 
railroad,  turnpike,  McAdamized,  or  other  description  of  road,resci 
or  to  have  or  hold  the  right  of  way  for  any  such  road,  or  to 
engage  in  the  business  of  transporting  property  or  persons 
upon  any  road  whatever. 

Sec.  9.  The  directors  shall  provide   for  the  speedy  adjust- Losses  shall 
ment  and  payment  of  all  losses  arising  under  any  policy  made  be  paid  spee- 
by  the  company,  and  for  all  unreasonable  and  vexatious  de-   ly 
lays  in  payments,  the  company  shall  be  liable  to  pay  damages 
not  exceeding  per  cent,  per  annum,  in  addition  to  le- 

gal interest. 

Sec  10.     Additional  subscriptions  to  the  capital  stock  of 
said  company  may  be  received  hereafter  upon  the  payment 
of  one  dollar  upon  each  share  subscribed,  and  the  capital  Increase  of 
stock  of  said  company  may  be  increased  two  hundred  thou-  caPltal  9tock 
sand  dollars. 

Sec.  11.  The  said  company  may  proceed  to  business  un- 
der this  charter,  whenever  the  sum  of  ten  thousand  dollars 
shall  have  been  paid  to  their  treasurer,  including  the  stock 
already  held  in  real  estate. 

Sec  12.  Said  company  shall  keep  regular  books,  and  enter  R        ,     f 
therein  all  their  accounts  and  transactions;  and  the  accounts  company 
of  the  company  shall  be   balanced  half  yearly,  and  the  pro- 
fits growing  out  of  its  business  shall  be  divided  half  yearly  „.  .,     , 
among  the  stockholders  according  to  their  rights,  but  divi- 
dends shall  not  be  paid  except  of  profits  actually  realized. 

Sec.  13.     It  shall  be  lawful  for  stockholders  to  secure  the 
payment  of  their  stock  to  the  company  by  mortgage  upon  st0ckehow  to 
real  estate,  and  all  such  mortgages  shall  stand  as  security  to  be  secured 
creditors  for  moneys  due  from  the  company. 


26  LAWS  OF  ILLINOIS. 

Sec.  14.  This  act  as  well  as  all  others  amending  the  ori- 
This  act  to  be  gjna|  charter  of  said  company,  shall  become  to  all  intents  and 
charter11Sina  purposes  a  part  of  the  act  of  incorporation,  upon  being 
agreed  to  by  the  President  and  Directors  of  said  Company; 
and  an  entry  of  such  agreement  upon  the  record  kept  of  the 
Evidence  o(  actings  and  proceedings  of  said  board,  shall  be  sufficient  evi- 
adoption  of  dence  of  the  adoption  of  such  amendments;  and  of  the  right 
this  act  qj.  ^  company  t0  act  under  the  same. 

Pittsfield  and  Skc.  15.  The  President  and  Directors  of  the  Pittsfield 
Mississippi  R  an(i  Mississippi  Railroad  Company,  incorporated  by  an  act 
Sa^SabHsh  passed  on  the  first  of  March,  one  thousand  eight  hundred  and 
insurance  of- thirty  seven,  are  authorised  to  establish  and  keep  in  opera- 
fice  in  Pitts-  ^on  an  jnsurance  office  in  Pittsfield,  and  to  use  all  of  its 
e  stock  and  means  in  the  business  of  insuiance,  and  to  become 

to  all  intents  and  purposes  an  insurance  company,  upon  con- 
Conditions  dition  that  said  President  and  Directors  agree  that  the  first, 
second,  third,  fourth,  fifth,  sixth,  seventh,  eighth,  ninth,  tenth, 
eleventh,  twelfth,  thirteenth,  and  fourteenth  sections  of  this 
act  shall  be  adopted  as  an  amendment  to  the  charter  of  said 
company,  except  that  said  company  shall  not  have  any  office 
Sec.  fifteen  of  jn  Jacksonville  or  Winchester. 

Lynnvfllfand  Sec.  17.  The  fifteenth  section  of  the  original  act  incor- 
Jacksonville  porating  the  Winchester,  Lynnville  and  Jacksonville  Railroad 
RRCoi?Pany  Company,  is  hereby  repealed. 

Acf  to  conti-      Sec  18.     This  act  shall  continue  in  force  for  twenty  years 
nue  20  years   from  its  passage,  and  no  longer. 
Approved,  January  27,  1840. 


In  force  Jan.    AN  ACT  to  authorize  J.  A.  Clark  to  build  a  bridge  across  the  Pickatonica. 
27,  1840.  ' 

Sec  1.  Beit  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  John  A.  Clark, 
his  heirs  and  assigns,  be,  and  they  are  hereby  authorized  to 
build  and  keep,  for  the  term  of  twenty  years,  from  the  pas- 
Location  of  sage  ol  this  act,  a  toll  bridge  across  the  Picatonica  river,  in 
township  No.  twenty-seven  north,  of  range  No.  eight  east,  at 
and  opposite  the  town  of  Freeport,  in  Stephenson  county, 
Illinois:  Provided,  said  bridge  shall  not  interfere  with  the  navi- 
gation of  said  river. 

Sec.  %  The  said  John  A.  Clark,  his  heirs  or  assigns, shall 
When  com-  commence  the  building  of  said  bridge,  within  one  year,  and 
menced  complete  said  bridge  within  four  years  from  and  after  the  pas- 

sage of  this  act:  said  bridge  shall  be  built  in  a  good  and  sub- 
stantial manner,  so  as  to  give  a  safe  and  easy  passage  to  all 
persons  and  their  property,  wishing  to  cross  the  same. 

Sec  3.  After  said  bridge  shall  be  complete,  the  said  John 
A.  Clark,  his  heirs  or  assigns,  are  hereby  authorized  to  place 
a  toll  gate  on  either  end  of  said  bridge,  or  elsewhere,  where 
he  or  they  may  demand  of  all    and  every  person  passing  said 


LAWS  OF  ILLINOIS.  27 

bridge,  the  following  rates  of  toll,  (to  wit:)  For  each  two  Rates  of  toll 

horse   wagon  drawn  by   two  horses,  or  one  yoke  of  oxen, 

twenty-rive  cents;  for  each  additional  pair  of  horses  or  yoke 

of  oxen,  twelve  and  a  half  cents;  for  each  one-horse  wagon 

or  carriage,  eighteen  and   three-fourth  cents;  for  each  man 

and  horse,  twelve  and  a  half  cents;  for  each  head  of  hogs, 

sheep,  or  goats,  one  cent;  for  each  head  of  horses,  cattle, 

mules,  or  asses,  three  cents;  and  three  cents  for  each  footman. 

Sec.  4.  The  said  John  A.  Clark,   his  heirs,  or  assigns,  shall 

at  all  times  after  the  completion  of  said  bridge,  keep  the  same 

in  good  repair,  and  allow  a  speedy  passage;  and  if  at  any  time  Bridge  out  of 

the  bridge  be  kept  out  of  repair,  so  that  the  same  be  impassi-re'oair  t0  ac" 
iiri  c     ■  ,u         i.  j.-  iu  .  ,crueto  coun- 

ble  for  the  space  or  six  months  at  any  one  time,  the  said  ty 

bridge  shall  accrue   to  the  county  of  Stephenson:  Provided, Proviso. 
however,  That  the  destruction  of  said   bridge   by  fire,  high 
water,  or  other  casualty,  shall  not  work  a  forfeiture  of  the 
privileges  hereby  granted;  but  said  Clark,  his  heirs  or  assigns, 
shall  proceed  immediately  to  repair  the  same. 

Sec.  5.  When  the  commissioners  of  the  county  of  Stephen-  Commission- 
son  deem  it  expedient  to  purchase  said  bridge,  they  shall  have  ers  of  co"nty 
,         .    ,  ,'  ,  *   •  i  •  i  /-.t      i     i  •    i     •  may  purchase 

the  right  to  do  so,  by  paying  the  said  Clark,  his  heirs  or  as- bridge 

signs,  the  value  of  said  bridge,  in  current  money  of  the  Unit- 
ed States,  which  value  shall   be  ascertained  by  the  valuation  Value  of  same 
of  three  disinterested,  appraisers,   to  be   appointed   by  said 
court,  who  shall  be  sworn  to  a  faithful  and  impartial  discharge 
of  their  duties,  as  such  appraisers;  or  if  the  commissioners  of  County  com- 
said  county  will  proceed  without  delay  and  build  a  free  bridge  missioners  or 
at  the  place  aforesaid,  or  if  the  people  of  said  county,  or  any  "J^"^  hel 
number  of  them,  will  proceed  without  delay,  and  build  a  free  bridge 
bridge  across  the  Pickatonica  river,  at  the  place  aforesaid,  and 
have  the  same  completed  within  one  year  from  and  after  the 
passage  of  this  act,  they  shall  have  the  power  to  do  so  under 
this  act,  and  the  said   bridge,  when  so  completed,  shall  be 
and  remain  open  and  free  for  al'  persons,  and  their  property 
wishing  to  cross  the  same,  and  shall  be  and  remain   a  free 
bridge  to  all  intents  and  purposes:  Provided,  That  if  the  said  Proviso 
free  bridge  when  so  completed,  shall  remain  out  of  repair  for 
six  months  at  any  one  time,  the  privileges  hereinbefore  grant- 
ed to  John  A.  Clark  shall  be  revived,  and  he  may  proceed  to 
the  erection  of  the  toll  bridge  aforesaid,  *he  same  as  if  no 
bridge  had  been  erected  by   the  coommissioners,  or  the  peo- 
ple aforesaid:  Provided,  further,  that  casualties,  or  high  water,  Further  pro- 
or  otherwise,  shall  not  work  a  forfeiture  to  the  people  of  said  vis0 
county,  or  commissioners  hereinbefore  offered  to  them,   but 
they  may  proceed  immediately  to  repair  the  same. 

Sec.  6.  If  any  person  or  persons,  shall  wilfully  do,  or  cause 
to  be  done,  any  injury  io  said  bridge,  the  person  or  persons  InJur,y  done 
so  offending,  shall  forfeit  and  pay  the  said  John  A.  Clark,  his  °    n  ge 
heirs  or  assigns,  double  the  amount  of  such  injury  or  damage, 
to  be  recovered  before  any  justice  of  [the]  peace  having  juris- 
diction of  the  same. 


28  LAWS  OF  ILLINOIS. 

Bridge  deem-      Sec.  7.  The  said  bridge  shall  be  deemed  a  public  highway, 

ed  public        within  the  meaning,  of  the  laws  providing  for  the  punishment 

highway  c  •    •      •  l   j        ,_•  i  •  F 

oi  persons  injuring,  obstructing,  or  destroying  public  bridges 

in  any  manner,  or  by  any  means  whatever. 

Approved,  January  27,  1840. 


In  force,  Jan.  AN  ACT  to  authorize   the  Auditor  to   enter  a  credit  upon  a  judgment 
27,  1840.  against  Robert  Davis. 

Preamble  Whereas  Robert  Davis,  of  the  county  of  Pike,  did  at  the 
December  term,  one  thousand  eight  hundred  and  thirty- 
eight,  of  the  Supreme  Court,  as  one  of  the  securities  of 
James  Davis,  lute  clerk  of  the  county  commissioners'  court,  of 
said  county  of  Pike,  confess  judgment,  in  favor  of  ihe  State 
of  Illinois,  for  the  sum  of  two  thousand  four  hundred  and 
eighty  dollars;  and  whereas  the  Legislature  at  its  last  ses- 
sion made  an  appropriation  to  the  county  of  Scott,  of  two 
thousand  dollars,  to  be  expended  in  making  improvements 
upon  the  State  road,  between  Winchester  and  Florence; 
and  whereas  one  thousand  dollars  of  said  appropriation  is 
yet  due  and  unpaid,  from  the  State  to  the  said  county  of 
Scott;  and  whereas  the  said  Robert  Davis,  for  the  purpose 
of  enabling  him  to  meet  his  aforesaid  liability  to  the  State, 
took  a  contract  from  the  county  of  Scott,  upon  the  road 
aforesaid,  and  has  performed  work  thereon  to  the  amount 
of  one  thousand  seven  hundred  and  sixty-three  dollars;  and 
whereas  the  said  Robert  Davis  has  an  order  from  the 
county  commissioners'1  court  of  Scott  county,  for  the  one 
thousand  dollars  now  due  from  the  State  upon  the  appro- 
priation aforesaid;  and  whereas,  the  said  Robert  Davis,  is 
anxious  to  apply  said  one  thousand  dollars  as  a  credit  upon 
the  judgment  aforesaid:  Now  therefore, 
Sec.  1 .  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  Auditor  of 
Duty  of  Audi- Public  Accounts,  is  hereby  authorized  and  required,  upon  the 
£or  said  Robert  Davis  delivering  ,to  him  an  order  from  the  coun- 

ty commissioners'  court  of  Scott  county,  upon  the  Fund  Com- 
missioners of  this  State,  for  the  sum  of  one  thousand  dollars, 
to  enter  a  credit  of  one  thousand  dollars  upon  a  judgment 
rendered  against  said  Robert  Davis,  in  favor  of  the  state  of 
Illinois,  at  the  December  term,  one  thousand  eight  hundred 
and  thirty-eight,  of  the  Supreme  Court,  for  the  sum  of  two 
When    credit  thousand  four  hundred  and  eighty  dollars;  and  when  such  cred- 

i9  entered  all  jj.  jg  s0  entered  upon  said  judgment,  all  claim  which  the  coun- 
claim  of  Scott ,         fc.      ,,  r.  J     i       a     .     c         i  •    j-  c 

co'y  to  cease  v  °»  Scott  now  has  upon  the  State  lor  the  appropriation  ot 
two  thousand  dollars,  made  to  said  county,  at  the  last  session 
of  the  General  Assembly,  shall  cease,  and  the  one  thousand  dol- 
lars of  said  appropriation,  which  now  remains  unpaid,  instead 
of  being  paid  to  the  said  county  of  Scott,  shall  be  paid  into 
the  Treasury  of  this  State. 
Approved,  January  27,  1840. 


LAWS  OF  ILLINOIS.  29 

AN  ACT  attaching  a  portion  of  Tazewell  county  to  Logan  county.        In  force,  Jan. 

27, 1840. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  all  that  portion  of 
Tazewell  county,  embraced  in   the  following  limits,  viz:  Be- 
ginning at  the  south  east  corner  of  Township  No.  twenty-one  Part  of  Tase- 
north,  range  No.  two  west,  of  the   third  principal  meridian,  ^edclJ'   at" 
thence  north  seven  miles,  to  the  north  east  corner  of  section  Logan  county 
thirty-six,  township   twenty-two,  thence  west,  along  the  sec- 
tion lines,  eighteen   miles  to  the  north  west  corner  of  section 
thirty-one  on  the   range  line,  between  ranges  four  and  five, 
township  twenty-two  north,  thence  south  seven  miles,  to  the 
corner  of  Logan  county,  thence  east,  along  said  county  line, 
to  the  place  of  beginning,  is  hereby  added  to,  and  hereafter 
shall  be  a  part  of  the  county  of  Logan. 

Sec  2.  That  hereafter,  at  all  general  or  special  elections,  Parts  set  off  to 
the  portion  of  Tazewell  county  so  added  shall  vote  with vote  witu  L<>- 
the  county  of  Logan.  gan  county 

Approved,  January  27,  1840. 


AN  ACT  to  change  the  name  of  the  "Kaskaskia  Insurance  Company."      In  force,  Jan. 

31, 1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  "Kaskaskia  In- 
surance Company,"  incorporated  by  an  act,  entitled  "An 
act  to  incorporate  the  Kaskaskia  Insurance  Company;"  ap- 
proved March  1. 1839,  shall  hereafter  be  known  by  the  name  N  , 
and  style  of  the  "Insurance  and  Trust  company'of  Illinois,"  style 
and  by  that  name  and  style,  shall  have  all  the  powers,  privi- 
leges, and  advantages  granted  to  the  aforesaid  Kaskaskia 
Insurance  Company  by  the  act  aforesaid. 

Approved,  January  31,  1840. 


AN  ACT  to  change  a  part  of  the   State  road  leading  from  Griggsville  to  In  force,  Jan. 

Quincy.  31,  1840. 

Sec   1 .  Be  it  enacted  by  the  People   of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  so  much  of  the  State 
road  from  Griggsville,  Iayingsbetween  Henry  Brown's  and  the 
Adams  county  line,   be  vacated,  and  hereafter,  that  part  of  Part  of  road 
said  road  shall  be  located  on  the  ground  now  travelled,  andTacated 
the  now  travelled  road  between  the   said  points,  as  well  as  R  , 
from  the   point  where   said   road  intersects  the  county  line, 
till  it  intersects  the  road  as  lately  laid  out,  shall  be  part  of 
said  road,  and  be  kept  in  repair  as  required  by  law. 

Approved,  January  31,  1840. 


39  LAWS  OF  ILLINOIS. 

In  force  Jan.  AN  ACT  to  amend  an  act  entitled  "An  act  to  provide  for  the  dedication  of 
31    1840  lots  in  the  towns  situate  on  canal  lands  to  public  purposes."     Approved, 

'  '         February  28th,  1839. 

Preamble        Whereas  some  of  the  congregations  and  religious  societies 
in  towns  laid  off  by  the  Board  of  Commissioners  of  the  Illi- 
nois and  Michigan  Canal,  have  erected  churches  on  lots  in 
such  towns,  parts  of  which  are  held  by  individuals,  and  the 
act  entitled  "An  act  to  provide  for  the  dedication  of  lots  in 
towns  situated  on  canal  lands,  to  public  purposes,"  approved 
February  2Sth,  1839,  does  not  authorize  said  Canal  Commis- 
sioners to  divide  such  lots,  and  donate  to  such  religious  so- 
cieties and  congregations  a  part  of  such  lots;  therefore. 
Sec.   1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  Board  of  Com- 
Com'rs  of  ca-  missioners  of  the  Illinois  and  Michigan  Canal  be,  and  they  are 
nal  to  give  lots  nereDy  authorized  under  the  act  to  which  this  is  an  amend- 
to  religious  ,       ,         .  i      •        i_         v    •  k   *■  j 
societies         ment,  to  donate   and  give  to  religious  societies  and  congrega- 

when  so  re-  tions  when  they  may  request  it,  a  part  of  any  lot,  in  lieu  of 
quested  foe  whole,  which  by  said  act  they  are  authorized  so  to  do- 

nate, to  hold,  use  and  occupy  the  same  for  the  purposes  and 
on  the  conditions  in  said  act  mentioned. 

Sec.  2.  That  when  any  person  shall  have  been  the  purcha- 
ser from  the  State  or  the  assignee  of  any  such  purchaser  of 
any  portion  of  any  such  lot,  another  part  of  which  is  claimed 
by  any  religious  society  or  congregation  unJer  the  act  to 
which  this  is  an  amendment,  the  said  Commissioners  shall  give 
Title  to  lots  to  such  purchasers,  his  or  her  assigns,  a  certificate  of  purchase 
for  such  portion  of  such  lot,  held  by  him  or  them,  upon  his  or 
their  compliance,  with  the  terms  of  an  act  entitled  "An  act  for 
the  relief  of  purchasers  of  canal  lots  and  lands,"  approved 
March  2,  1839,  at  a  price  which  such  part  of  said  lot  shall 
bear  in  value  to  the  amount  due  the  State  on  the  whole  of 
such  lots. 

Approved,  January  31,  1840. 


In  force  Jan  A^  ACT  concerning  attachments. 

31, 1840.    '  ■  rn.      . 

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

represented  in  the  General  Assembly,  That  hereafter  when  any 

attachment  shall  be  placed  in  the  hands  of  any  sheriff  or  other 

Officer  may.    officer,  and  the  defendant  shall  be  in  the  act  of  absconding 

pursue  defen-  with  his  goods,  and  effects,  it  shall  be  lawful  for  such  officer  to 

dant   to  any  pUrsue  tne  SSL\^  defendant  into  any  county  of  this  State,  and  to 

county  m  tie^^  ^^  ^  take   ^  goods  anc{  chatteis  of  said  defendant 

back  to  the  county  from  which  said   attachment  issued,  any 
law  to  the  contrary  notwithstanding. 
Approved,  January  3l,  1840. 


LAWS  OF  ILLINOIS.  31 

AN  ACT  to  amend  "Aq  act  concerning  attachments,"  approved,  February  In  force,  Jan. 

12th,  1833.  31,  1840. 

Sec.   1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assrmbly,  That  all  the  provisions  of 
the  act  entitled  "An  act  concerning  attachments,"  shall  extend  How   far  at- 
to  one  or  more  joint  debtors,  so  that  in  all  cases,  when  two  ortachment  law 
more  persons  are  jointly  indebted,  either  as  joint  obligors,  part- shaJ1  extend 
ners,  or  otherwise,  and  an  affidavit  shall  be  made  in  pursuance 
of  the  provisions  of  the  said  act, so  as  to  bring  one  ormore  of  such 
joint  debtors  within  the  provisions  of  the  same,  and  amenable 
to  the  process  of  attachment,  then  the  writ  of  attachment  shall 
issue  against  the  property  and  effects  of  such  joint  debtors,  so 
amenable  as  aforesaid,  and  shall  direct  the  sheriff  to  summons 
all  of  the  said  joint  debtors  to  answer  to  said  action. 

Sec.  2.  The  court  out  of  which  such  writ  shall  be  issued, 
shall  proceed  in  relation  to  such  joint  debtors,  and  so  much  of 
their  lands,  rights,  credits,  money  and  effects,  as  may  be  at- 
tached in  the  same  manner  as  pointed  out  in  the  act  to  which 
this  is  amendatory. 

Approved,  January  31,  1S40. 


AN  ACT  to  incorporate  the  Middlesex  Steam  Mill  Company .  In  force,  Jan . 

31,  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  assembly,   That  Seth   Washburn, 
Mathias  Mason,  Robert  Easton,  and  such  other  persons  as 
shall   become   subscribers  to  the  stock  hereinafter  mention- 
ed, shall   be  and  they  are  hereby  constituted  a  body  politic  Body  politic 
and  corporate  by  the  name  and  style  of  the  Middlesex  Steam  and  corporate 
Mill    Company,  from  and   after  the  passage  of  this  act;  and 
by  that  name,  they  and  their  successors  shall,  and  may  have 
succession  for  the  term  of  thirty  years  from   and  after  the  Term  of  char- 
passage  of  this  act,  and  shall  be  capable  of  suing  and  being ter 
sued,  pleading  and    being   impleaded,  answering  and  being  Powers 
answered,  in  all  courts,  and  places  whatsoever;  and  they  and 
their  successors  may  have  a  common   seal,  and  they  shall,  in 
law,  be  capable  of  purchasing  and  holding  real  estate  for  the 
purposes  and  objects  of  said  corporation:  Provided,  That  the  Proviso 
personal  property  of  each  stockholder  be  bound  for  the  con- 
tracts of  such  corporation. 

Sec.  2.  That  the  capital  stock  of  said  corporation  shall  be  Capital  stock 
six  thousand  dollars,  with  power  in  the  company  to  increase  $6'000i  may 
said   stock    to  fifteen  thousand  dollars,  if  they  shall  deem  it  foji^ooo^ 
necessary;  that  said  capital  stock  chall  be  divided  into  shares 
of  twenty-five  dollars  each,  and  that  the  above  named  corpo- 
ration have  power  to  open,  and  keep  open,  books  for  subscrip- 
tion to  said  stock. 

Sec.  3.  That  the  said  company  are  hereby  empowered  to  Further  pow- 
erect  and  conduct  a   grist  mill  and  such  other  machinery  to  ers 


32  LAWS  OF  ILLINOIS. 

be  propelled  by  steam,  as  they  may  deem  necessary,  and 
that  they  have  power  to  make  by-laws,  and  such  other  regu- 
lations for  managing  said  affairs  as  are  just  and  necessary: 
Provided,  said  mill  and  machinery  be  erected  at  or  near  Half- 
day  post  office,  in  Lake  county. 

<r.«      i   u  -u      Sec.  4.  That  the  above  named  corporators  be  allowed  two 
Time  to  build  .,  ,     r         ,  ,    ! T.         1     ,  , 

mill,  &c.       years  irom  and  alter  the  passage  ot  this  act,  to  construct  and 

erect  said  mill  and  machinery,  and  if  said  mill  be  not  in  opera- 
tion within  said  time,  this  act  shall  be  void  and  of  no  effect. 
Approved,  January  31,  1840. 


In  force,  Jan  AN  ACT  to  incorporate  Georgetown  in  the  county  of  Randolph. 

31,  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois y 
represented  in  the  General  Assembly,  That  the  inhabitants  of 
the  town  of  Georgetown  in  the  county  of  Randolph,  be,  and 
they  are  hereby  authorized,  and   empowered,  to  become  in- 
corporated in  the  manner  and  upon  the  terms  prescribed  in 
Inhabitants     the  act,  entitled  An  act  to  incorporate  such  towns  as  may 
may  become   wish  to  be  incorporated,  approved  February  12,  1831;   not- 
incorporate     withstanding,  there  may  not  be  one  hundred  and  fifty  inhabi- 
tants in  said  town;  and  upon  complying  with  the  provisions  of 
the  act  aforesaid,  the  inhabitants  of  said  town,  and  the  Presi- 
dent and  Trustees  thereof,  when  elected,  shall  have,  exer- 
cise, rand]  enjoy  all  the  rights,  privileges,  and  powers  grant- 
ed and  conferred  by  the  act  above  recited. 
Approved,  January  31, 1840. 


In  force  Jan.  AN  ACT  t0  vacate  the  town  plat  of  the  town  of  Washington. 

31,  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly,  That  Thomas  S. 
Garvin  and  Robert  McClellan,  proprietors  of  the  town  of 
Washington,  lying  in  the  county  of  Fulton,  and  situated  on 
the  west  half  of  section  twenty-four,  in  township  three 
Plat  may  be nortn  °f  range  one  east,  of  the  fourth  principal  meridian, 
vacated  be,  and  they  are  hereby  authorized  to  vacate  the  survey  and 

Proviso  plat  of  said  town  of  Washington:  Provided,  said  Thorns  S. 

Garvin  and  Robert  McClelland,  the  proprietors  of'said  town, 
shall  first  in  writing,  duly  signed,  sealed,  and  recorded,  in  the 
Recorder's  office  of  said  county,  signify  their  consent  thereto: 
And  provided  also,  That  vacating  the  survey  and  plat  of  said 
town,  shall  not  interfere  with  the  vested  rights  of  any  person 
or  persons,  who  may  have  purchased  lots  in  said  town,  of  the 
proprietors  or  others. 

Approved,  January  31,  1840. 


LAWS  OF  ILLINOIS.  33 

AN  ACT  rsupplemen'al  to  an  act]  to  incorporate  the  town  of  Blooming-ton  .  In  force,  Jan. 
L     j*  J  31,1840. 

Whereas,  by  an  act  of  the  General  Assembly,  of  the  State  Preamble 
of  Illinois,  approved  March   2,  1S39,  entitled  "An  act  to 
incorporate  the  town  of  Bloomington,"  it  is  provided  that 
said  town  be  incorporated,  as  a  body  corporate  and  politic, 
in   the    manner   therein  provided:   And   whereas,   by   the 
neglect  of  the  citizens  of  said  town,  to  avail  themselves  of 
the  provisions  of  said  act,  in  becoming  so  incorporated,  said 
act  has  become  null  and  void:  Now  therefore, 
Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  said  act  be,  and  is 
hereby  revived,  and  continued  in  full  force  and  operation,  Act  revived 
any  provision  of  the  same  to  the  contrary  notwithstanding. 

Sec.  2.  Be  it  further  enacted,  That  at  any   time  heieafter, 
it  shall  be  competent  for  any  number  of  freeholders  of  said 
town,  not  less  than  ten,  to  post  up  notices  of  an  election,  giv-  Notice ofelec- 
ing  at  least  ten  days  previous  notice,  to  vote  for  or  against tion 
incorporating  said  town,  under  the  provisions  of  said  act,  and 
if  it   shall  appear  that  a  majority  of  the  qualified  voters  are 
in  favor  of  the  same,  it  shall    be  incorporated  immediately 
thereafter  by  the  election  of  officers,  as  therein  provided;  any 
thing  in  said  act  concerning  the  mode  of  incorporating,  to  the 
contrary  notwithstanding:  Provided,  however,Tha.t  any  failure  Proviso, 
or  failures  so   to  incorporate,  shall  not  work  a  forfeiture  of 
said  act,  or  prevent  further  or  repeated    efforts    by  election, 
to  incorporate  said  town. 

Sec.  3.  This  act  to  be  in  force  from  and  after  its  passage. 
Approved,  January  31,  1840. 


AN  ACT  to  amend  an  act  entitled  "An  act  to  incorporate  the  Union  Agri-  jn  force   jan 
cultural  Society ."  3]    jg'^ 

Sec.  1.  Be  it  enacted  by  the  People  of  the    State  of  Illinois, 
represented  in  the  .General  Assembly,  That  section  No.  five,  of  Sec.  5  of  act 
the  act  of  incorporation  of  the  Union  Agricultural  Society,  be  annulled 
annulled,  and  the  following  be  inserted  as  the  fifth  section,  to     " 
wit: 

"Said  Commissioners,  or  a  majority  of  them,  may  open  Substitute 
books  for  subscriptions  to  said  capital  stock  at  such  times  and 
places  as  they  may  think  best,  by  advertising  the  same  at  least 
fourteen  days  previous  in  two  or  more  of  the  newspapers  pub- 
lished in  said  counties,  and  may  close  the  same  at  pleasure,  and 
may  appoint  committees  to  receive  subscriptions,  and  abrogate 
the  same,  or  any  of  them,  at  pleasure:  and  any  subscriptions 
that  have  been  or  may  be  made  under  the  direction  of  the 
commissioners,  or  the  committees  by  them  appointed,  or  to  be 
appointed,  are  hereby  legalized  and  made  valid." 

Sec.  2.  That  section  No.  seven  of  said  act  be  also  annulled,  Sec.  7  annnl- 
and  the  following  inserted  as  the  seventh  section,  to  wit:  led 

3 


34  LAWS  OF  ILLINOIS. 

Sec.  inserted      "If  the  subscriptions  to  the  capital  stock  shall  exceed,  ten 
in  lieu.  thousand  dollars,  the  commissioners  may  apportion  the  same 

among  the  subscribers  thereto,  or  increase  the  capital  stock 
from  time  to  time,  to  any  amount  less  than  thirty  thousand 
dollars." 
Sec.  8  set  a-      Sec.  3.  That  section  No.  eight  of  said  act  be  also  annull- 
side  ed,  and  the  following  inserted  as  the  eighth  section,  to  wit: 

What  in  place     "Said  commissioners    shall  continue   in  office  during  the 
of  pleasure  of  the  trustees,   and   when   removed,   the   powers 

vested  in  them  shall  vest  in  and  may  be  executed  by  the  trus- 
tees." 

Sec.  4.  That  the  words  ''which  election  shall  be  annually" 
Sec.  11  made  at  the  end  of  the  ninth  section,  and  all  of  section  No.  eleven, 
void  be  also  annulled,  and  the  following  be  inserted  as  the  eleventh 

section,  to  wit: 
Sec.  in  place     "The  trustees  hereafter  shall  be  elected  at  such  times  as 
of  may  be  provided  in  the  by-laws,  and   shall  hold  their  offices 

until  others  are  elected  in  their  places,  and  notice  of  the  time 
and  place  of  holding  such  election,  shall  be  given  by  the  Se- 
cretary, by  advertising  the  same  at  least  fourteen  days  pre- 
vious, in  two  or  more  of  the  newspapers   published  in    said 
counties." 
Insertion  in       Sec  5.  That  after  the  words  "a  treasurer,"  in  the  fifteenth 
15th  sec         section  of  said  act,  the  following  be  inserted  to  wit:  (of  whom 
they  may  require  bonds  in  a  sum  sufficient  to  insure  the  faith- 
ful discharge  of  his  duties;")  and  at  the  end  of  the  same  sec- 
Words  added  tion,  the  following  be  added,  to  wit:  "They  may  also  establish 
or  connect  with  this  society   branches   or   auxiliary   societies, 
of  like   characters,  in  the  counties   of  La  Salle,  Will,  Cook, 
McHenry  and  Kane. 
Sec  6.  That  if  this  society  shall  be  organized  within  one 
Privileges  and  year  from  the  passage  of  this  act  the  privileges  and  benefits  of 

benefits  of  act,  ^g  orimnal  act  of  incorporation,  and  of  this  amendment,  shall 
how  secured    ,  ?         ,         ,  A     ■.  ,     •. 

be,  and  are  hereby  secured  to  it. 

Sec  7.  The  society  incorporated  by  the  act  to  which  this 

is  an  amendment,  shall  exist  as  a  corporate  body  no  longer 

Term  of  char- than  the  period  of  twenty  years   from   the  passage  of  this 

ter  act. 

\       Approved,  January  31,  1840. 


In  force   Jan.  &^  ACT  providing  for  the  binding  of  the  Laws  and  Journals. 

31,  1840. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  hereafter,  until  the 
Aud'r,  Sec'y  Legislature  shall  otherwise  direct,  that  the  Auditor  of  Public 
andTreasurer  Accounts,  Secretary  of  State,  and  State  Treasurer  are  hereby 
for  publicraCt  required  to  contract  with  a  Book  Binder  or  Binders,  on  or  be- 
binding  fore  the  first  of  September,  before  the  meeting  of  each  Legis- 

lature.    And  it  shall  be  the  duty  of  said  Binder  or  Binders,  to 


LAWS  OF  ILLINOIS.  35 

bind  all  acts   or  laws  that  may  be  passed,  or  ordered  to  be 
bound:  and  to  fold,  stitch,  cover  with  blue  paper,  and  cut  the  styie  ofbiud- 
edges  of  all  Journals    that  may   be  published;  and.  the  saiding 
Binder  or  Binders  shall  receive  for  their  services  the  following 
prices,  (viz:)  for  binding  laws,  leather  backs  and  paper  sides, 
when  the  number  of  pages  does  not  exceed  one  hundred  and 
fifty,  at  the  rate  of  twenty  cents  per  hundred  pages,  that  each  Prices  for 
volume  may  contain :  acts  or  laws,  over  one  hundred  and  fifty 
pages,  at  the  rate  of  fifteen  cents  per  hundred   pages  each 
volume    contains:  and    in    case    of   a   revision  of  the  laws, 
the  said  Binder  or  Binders  are  to  furnish  leather  and  full  bind, 
with   leather  cove2'ing  (law  form,)  in  a  substantial,  workman- 
like manner,  all  such  laws  as  may  be  ordered  to  be  bound,  for  when  addi- 
which  there  shall  be  added  fifteen  cents  over  the  price  of  the  tional  price 
half  binding  lor  each  and  every  volume  so  full  bound:  and  for  may  be  Paid 
doing  up  the  Journals  as  above  specified,  there  shall  be  allow- 
ed at  the  rate  of  six  cents  for  every  one  hundred  pages  each 
volume  may  contain. 

Sec.  2.  It  shall  be  the  duty  of  the  Public  Printer  or  Prin- Duty  of  Pub- 
ters  to  deliver  to  the  Public  Binder  or  Binders  each  form  of ,ic  Printer 
the  Laws  and  Journals,  dry  and  in  good  order,  as  fast  as  they 
are  printed;  and  after  the  last  form  of  the  laws  is  so  printed 
and  delivered,  the  said  Binder  or  Binders  shall  bind  and  de- 
liver to  the   Secretary  of  State  one  thousand  copies  of  the 
laws  in   fifteen  days,  and  at  the  rate  of  one  thousand  copies  Time  of  ,leK_ 
every  twelve  days  afterwards,  (Sundays  excepted).     Als*,  af-  very  of  books 
ter  the  last  form  of  the  Journals  are  delivered  to  said  Binder  bound 
or  Binders,  they  shall  do  them  up  as  above  specified,  and  de- 
liver at  the  rate  of  one  thousand  copies  every  ten  days,  (Sun- Exception, 
days  excepted.) 

Sec  3.  It  shall  be  the  duty  of  the  Public  Binder  or  Bin-  Binders  to 
ders,  to  give  bond  with  sufficient  security,  to  be  approved  rff^mrity1 
by  the  Governor,  in  the  penal  sum  of  one  thousand  dollars  for 
the  faithful  performance  of  his  or  their  contract,  agreeable  to 
this  act.  And  a  failure  on  the  part  of  the  public  Binder  or  Bin- 
ders shall  subject  him  or  them  to  a  forfeiture  of  six  per  cent,  per  Forfeiture   of 
week  on  the  whole  amount  of  their  contract.  6  per  cent. 

Sec  4.  That  on  the  fulfilment  of  the  contract  for  binding 
the  Laws,  as  also  on  the  fulfilment  of  the   contract  for  doing 
up  the  Journals,  the  Secretary  of  State  shall  certify  the  fact  Duty  of  Secre- 
to  the  Auditor,  who  shall  issue  his  warrant  on  the  Treasurer,  taiT  &  Audi- 

.  tor 

for  the  sum  due  such  Binder  or  Binders;  which  sum  shall  be 
paid  out  of  any  money  not  otherwise  appropriated.  All  acts 
and  parts  of  acts  heretofore  passed  upon  the  subject  of  Pub- 
lic binding,  be,  and  the  same  is  hereby  repealed.  This  act  Acts  repealed 
shall  take  effect  from  and  after  its  passage ;  but  is  in  no  wise 
to  interfere  with  the  binding  of  the  present  session. 
Approved,  January  31,  1840. 

. 


36  LAWS  OF  ILLINOIS. 

In  force,  Jan.  AN  ACT  to  incorporate  the  towns  therein  named. 

31,  1840. 

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

represented  in  the  General  Assembly,  That  the  inhabitants  of  the 

McLeansboro  town  of  MoLeansboro'  in  Hamilton  county, the  inhabitants  of 

Fairfield         the  town  of  Fairfield,  in  Wayne  county,  the  inhabitants  of  the 

Scottsville      town  of  Scottville,  in  Macoupin  county,  and  the  inhabitants 

Mackinaw      of  the  town  of  Mackinaw,  in  Tazewell  county,  be,  and  thev 

are  hereby   authorized   to  become  incorporated,  under  the 

general   incorporation  law,  notwithstanding  said  towns  may 

Proviso.         not  contain  one  hundred  and  fifty  inhabitants:  Provided,  said 

corporators  are  not  compelled  to  work  the  public  highways 

more  than  one  half  mile  from  the  centre  of  said  corporation. 

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

Approved,  January  31,  1840. 


In  force  Feb.  AN  ACT  to  amend  the  law  in  relation  to  change  of  Venue. 

1,  1840. 

Sec  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  whenever  any  ap- 
peal shall  be  depending  in  any  of  the  circuit  courts  of  this 
State  from  any  assessment  of  damages  for  land,  or  other  pro- 
perty taken  under  the  authority  of  any  law  of  this  State  for 
Appeals, when  the  use  of  any  rail  road,  canal,  turnpike  or  any  other  high- 
taken  way,  or  for  any  purpose  whatever,  it  shall  and  may  be  lawful 
for  the  people,  or  county,  or  other  corporation,  or  person  for 
whose  use  such  land  or  other  property  i?  to  be  taken,  or 
the  person  conducting  the  appeal  in  their  behalf,  or  for  the 
claimant  or  claimants,  or  his,  her,  or  their  agents,  or  attor- 
ney at  law,  or  attorney  in  fact  to  file,  his,  her,  or  their  affida- 
vit in  writing,  stating  that  he,  she,  or  they  verily  believe  that 
a  fair  and  impartial  trial  of  said  appeal  cannot  be  had  in  the 
court  where  said  appeal  is  depending;  on  account  that  either 
the  Judge  of  the  court,  or  the  People  of  the  county,  are  in- 
terested or  prejudiced  against  the  cause  of  the  party  on  whose 
behalf  said  application  is  made,  or  in  favor  of  the  cause  of  the 
other  party,  or  for  or  against  the  parties  as  aforesaid. 

Sec  2.  On  filing  such  affidavit  it  shall  be  the  duty  of  the 
Change  of  ve- court  to  change  the  venue  of  said  cause  to  some  convenient 
nue  county  to  which  objections  shall  not  be  made  by  similar  affida- 

vit. And  said,  appeal  shall  be  dockited  and.  tried  in  the  court  to 
which  the  venue  thereof  is  changed,  in  the  same  manner  as  if 
it  had  been  originally  instituted  there. 
When  objec-      Sec  3.  That  if  any  objection  shall  be  taken  to  any  such 
tion  is  made  appeal  on  account  of  any  defect  in  the  appeal  bond,  such  ob- 
Proviso?8      jection  shall  not  be   sustained:  Provided,  the   appellant,  his, 
her,  or  their  agent  or  attorney  shall  enter  into,  and  acknowl- 
edge such  bond,  with  sufficient  security  as  may  be  approved 
by  said  court. 

Approved,  February  1,  1840. 


LAWS  OF  ILLINOIS.  37 

AN  ACT  to  incorporate  Shiloh  College.  In  force,  Jan. 

8th,  1840. 

Sec   1 .  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the   General  Assembly,  That  James  Gillespie,  g0(j„    cor_ 
James  Bradley,  John  Moore,  Benjamin  F.  Bradley,  John  Bar-porate. 
row,  William  Pike,  Richard  Bradley,  Arthur  Cross,  William  x. 

Bradley,  and  John  B.  Burke  be,  and  they  are  hereby  created, 
a  body  corporate  and  politic,  by  the  name  and  style  of  the  st^™^  an    ' 
"President  and  Trustees  of  Shiloh  College;"  and  by  that  name 
and  style  to  have   perpetual  succession:  the  said  institution  Object, 
being  designed  to  promote  the  cause  of  education  and  im- 
provement in  literature;  and  to  be  located  in  the  county  of  Location. 
Randolph. 

Sec  2.  The  corporation  hereby  created  shall  have  power  pow.ers 
to  make  and  execute  all   necessary  contracts  for  the   promo- 
tion of  the  cause  of  education,  and  improvement  of  literature 
in  said  institution;  and  to  purchase  and  hold  such  personal 
property  as  may  be  needful  in  advancing  the  ends  of  its  crea-  M      ^old 
tion;  and  may  purchase  and  hold,  for  the  use   thereof,  any  land, 
quantity  of  land  not  exceeding  eighty  acres.     The  said   cor- 
poration may  sue  and  be  sued  in   its  corporate  name;  plead  Common  seal 
and   he  impleaded;  may  have  a  common  seal,  and  make   by-  B 
laws  for  its  regulation,  not  inconsistent  with  the  constitution 
and  laws  of  the  United  States  or  of  this  State. 

Sec.  3.  A  majority  of  the  trustees  shall  form  a  quorum  to  Quorum 

do  business;  and  shallhave  authority  to  elect  a  President  and_     ., 

,      xI  jT-  ,  -     .  m       j  rresident  and 

such  other  omcers  as  may  be  necessary  to  prescribe  the  course  other  officers 

of  studies  to  be  pursued;  to  fix  the  rate  of  tuition;  to  appoint 
a  preceptor  and  such  officers  and  assistants  as  they  may  con- 
sider the  interest  of  the  institution  requires. 

Sec  4.  A  majority  of  the   board  of  trustees  may  fill  any  Vo„ „ „  . 
i-iJ^  -ii  ^    r  •  3  i    vacancies 

vacancy  which  may  occur  m  the  board,  irom  aeath,  removal,  how  filled 

resignation,  or  otherwise. 

Sec  5.  The  said  institution  shall  be  open  to  all  religious To  be  °Pen  to 
denominations;  and  the   profession  of  no  particular  religious a 
faith,  shall  be  required  either  of  officers  or  pupils. 

Approved,  January  8,  1S40. 


AN  ACT  to  change  the  name  of  the  town  of  Columbus,  in  the  county  of  In_  "**?*.„" 

Randolph.  Jan.  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  Cohimbus 
represented  in  the  General  Assembly,  That  the  name  of  Co-  changed  to 
lumbus,  in  Randolph   county,  be,   and  the  same  is  hereby  Sparta, 
changed. to  that  of  Sparta. 

Approved,  January  8,  1840. 


3S 


LAWS  OF  ILLINOIS. 


In  force,   8th  AN  ACT   to  authorize  the  county  court  of  Lawrence   county,  to   build  a 
Janl  1840.  bridge  across  the  Embarrass  River. 


Bridge  at 
Lawrence- 
ville. 


Location. 

Plan      of 
bridge. 

Notice    be- 


Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  county  commis- 
sioners1 court  of  Lawrence  county  be,  and  they  are  hereby, 
authorized  to  cause  to  be  erected  a  bridge  across  the  Embar- 
rass River,  at  the  town  of  Lawrenceville,  on  a  direct  line  with 
either  of  the  two  streets  that  run  north  from  the  public  square 
in  said  town.  Said  commissioners  shall  agree  upon  a  plan  of 
said  bridge,  and  cause  the  same  to  be  recorded;  they  shall  cause 
a  correct  description,  in  writing,  of  the  pian  of  said  bridge,  to 
be  posted  up  in  the  Clerk's  office  of  said  county,  at  least  twen- 
ty days  previous  to  letting  any  contract  for  the  erection  of 
said  bridge;  and  shall  cause  written  notices  to  be  put  up  in  at 
least  six  of  the  most  public  places  in  the  county,  for  a  period 
fore  contract.  0f  not  iesg  faan  one  month  before  entering  into  any  contract 
for  the  materials  or  erection  of  said  bridge,  stating  therein,  that 
they  will  let  to  the  lowest  responsible  bidder,  at  the  court  house 
in  said  town,  on  a  day  to  be  agreed  upon  by  them,  contracts 
for  the  delivery  of  the  necessary  materials,  also,  contracts  for 
the  masonry  and  carpenters'  work  of  said  bridge:  Provided, 
That,  in  making  con  tracts,  said  commissioners  shall  take  a  bond, 
payable  to  the  county  of  Lawrence,  with  security,  to  be  ap- 
proved of  by  them,  for  the  faithful  performance  of  such  con- 
tracts, by  the  person  or  persons  who  may  undertake  the  same, 
and  within  such  time  as  shall  be  agreed  upon:  And  provided, 
further,  That,  in  no  case,  shall  ihe  commissioners  make  any 
payment  to  any  person  engaged  in  the  said  work,  which  shall 
exceed  two-thirds  of  the  value  of  work  then  performed,  until 
the  contract  shall  be  completed,  and  received  by  the  commis- 
sioners. 

Sec.  2.  The  said  building,  when  erected,  as  aforesaid,  shall 
be,  and  forever  remain,  a  public  bridge,  free  to  the  passage  of 
all  persons,  and  their  property,  at  all  times,  and  without  any 
charge  whatever;  and  the  county  commissioners'  court  of  Law- 
rence county  shall  cause  the  same  to  be  kept  in  good  repair, 
to  afford  a  safe  passage  to  all  persons  and  their  property. 

Sec.  3.  Nothing  in   this  act  shall  be  so  construed,  as  to  au- 
ofriver  notto  thorize  the  said  commissioners  to  obstruct  the  navigation  ot 
eo  structe  .  sa^  Y-lver^  ^j^  ejtner  flat  or  keel  boats. 

Approved,  January  8,  1840. 


Proviso. 


Proviso. 


Bridge    to 
remain  public 
and   kept  in 
repair. 


Navigation 


In   force,  8th 
Jan.  1840-     AN  ACT  to  amend  "an  act  to  establish  the  county  of  Hardin,  approved 

2d  March,  1839."      ' 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
Boundaries  represented  in  the  General  Assembly,  That  all  that  part  of  the 
of  the  county  territory  ol  Pope  county,  as  it  stood  previous  to  the  passage  of 
of  Hardin,      the  law  to  which  this  is  an  amendment,  which  is  comprised 


LAWS  OF  ILLINOIS.  39 

within  the  following  limits,  shall  constitute  the  county  of  Har- 
din, that  is  to  say:  beginning  on  the  Ohio  river,  at  the  point 
where  a  line,  dividing  sections  thirty-four  and  thirty-five,  in 
township  twelve,  south  of  range  seven  east,  running  south, 
would  strike  the  Ohio  river;  thence,  due  north  with  the  sec- 
tional line  to  the  Gallatin  county  line;  thence,  east  two  miles; 
and  thence,  southeast  along  the  line  dividing  Pope  and  Gal- 
latin counties  to  the  Ohio  river;  thence,  with  the  Ohio  river, 
to  the   place  of  beginning. 

Sec.  2.  The  said  county  of  Hardin  shall  have  jurisdiction  Jurisdiction 
of  all  the  territory  included  within  the  said  limits,  as  well  as  °    county- 
all  jurisdiction  which,  of  right,  belongs  to  the  State  of  Illinois, 
upon  so  much  of  the  Ohio  river  as  forms   the   river  boundary 
of  said  county  of  Hardin. 

Sec.  3.  That  it  shall  be  the  duty  of  the  county  commission-  C0^Tr  °0f 

ers  of  the  county  of  Pope,  to  pay  over  to  the  county  commis-  Pope  county. 

sioners'  court  of  Hardin  county,  a  fair  proportion  of  the  money     „ 

*/       Jr  roDortion 
received  by  said  county  of  Pope,  from   the  State   under  the  0f    Internal 

Internal    Improvement  law;    also,  a   fair  proportion   of    the  Improvement 

school  fund,  according  to  the  population  of  Pope  and  Hardin  moneJ- 

counties,  in  the  year  one  thousand  eight  hundred  and.  forty,  to  Sc'  1o]  fund- 

be  ascertained  by  the  census  of  that  year. 

Sec.  4.  That   immediately  after   the   passage    of  this   act,     Election  to 

the  oldest    justice    of  the    peace,  within   the   limits  of   thebf,ordeTred.by 

oldest  J  us  tic  6 

county  of  Hardin,  shall  order  an  election  to  be   held  in  the  0f  Peace  for 
several  places   of  holding  elections  in  said  county,  for  a  she-  co.  officers, 
riff,  coroner,  and  three  county  commissioners,  and  a  commis- 
sioners1, clerk,  and   all  other  county  officers  elective  by  the 
people,  for  said  county  of  Hardin;  whose  powers  and  duties 
shall    be  the  same  as  other  sheriffs,  coroners,  and  county  com- 
missioners of  other  counties.     The  notice  for  the  elections  Notice  for 
aforesaid,  shall  be  given  three  weeks  before  the  time  of  holding  electlon- 
it,  by  posting  up,  at  three  of  the  most  public  places  in  said 
county  of  Hardin,  a  notice  thereof;  and  it  shall   be  the  duty 
of  said  justice  giving  the  notice  aforesaid,  to  receive  the  polls, 
count  the  votes,  and    declare  who   shall  have  been   elected 
sheriff,  coroner,  and  county  commissioners  of  said  county  of 
Hardin. 

Sec  5.  Said  sheriff,  coroner,  and  county  commissioners,  so  Term  of  of- 
elected,  shall  continue  in  office  until  the  next  general  election. fices- 

Sec.  6.  It  shall   be  the    duty  of  the  county  commissioners  D        f 
first  to  be  elected,  to  appoint  a  day  for  an  election,  to  be  held  missioned 
at  the  several  places  of  holding  elections  within  the   limits  of 
said  county  of  Hardin,  for   the  purpose  of  choosing  the   per-  Election  for 
manent   seat  of  justice  of  said  county;  and  it  no  one   place 
shall  have  received  a  majority  of  all   the  votes  given,  then  it 
shall   be  lawful  for  the  legal  voters  to  meet  at  the  place  or 
places  of  holding  elections,  in  ten  days  thereafter,  and    then 
and  there  select  and  vote  for  one    of  the  two    places  only, 
heretofore   voted  for,  having  the  two  highest  number  of  all 
the  votes  where  the    county  seat  shall  be  located;  and   that 


corn- 


Seat    ol    Jus- 
tice 


40  LAWS  OF  ILLINOIS. 

place,  having  a   majority  of  all  the  votes  given,  shall  be  the 
permanent  seat  of  justice  for  said  county  of  Hardin. 

Sec.  7.  The  county  commissioners   of  Hardin  county  are 
Appropria-  hereby  authorized  to   appropriate,  for  public    improvements, 
tion  for  public  the  amount   of  money  which  said  county  is  to  receive  from 
improvements  ^  counfy  commissioners  of  Pope  county  under  the  Internal 
improvement  law,  as    provided    in   the  third   section  of  this 
act. 
Sched  To  3d      Sec*  8'  Th?  said  county  of  Hardin  shall  belong  to  the  third 
Jud.  circuit     judicial  circuit;  and  the  limes  of  holding  the  circuit  courts   of 
said  county,  shall   be  as  follows,  to  wit:  on  the  Thursdays  be- 
dins;  courts "    f°re  the  second  Mondays  in  March,  and  the  fourth  Mondays 
Proviso  in  August:  Provided,  That  no  term  of  the  circuit  court  of  said 

county  of  Hardin  shall  be  held  until  the  fall  term  of  said  court, 
as  herein  provided;  that  all  suits  now  pending  in  the  Pope  cir- 
cuit court,  in  which  citizens  of  Hardin  county  are  concerned, 
Suits  in  Pope  or  to  be  commenced,  by  or  against  citizens  of  Hardin  county, 
circuit   court  prior  to  the  next  March  term  of  the  Pope  circuit  court,  shall 
be  tried  in    said  Pope  circuit  court;  and  that  the  said   circuit 
court  of  Pope   county  have  full   and  complete  jurisdiction  of 
'  all   matters,  whether    civil  or  criminal,  which   pertain  to  the 
said  county  of  Hardin,  as  it  had  prior  to  the  passage  of  an  act, 
entitled  "An  act  establishing  the  county  of  Hardin,  approved 
March   2,  1839,"  to  which  this  [is]  an  amendment,  until  after 
the  March  term,  next  ensuing,  of  the  said  Pope  circuit  court. 
Laws   re-  Sec.  9.  All  laws,  or  parts  of  laws,  coming  within  the  pro- 

pealed  visions  of  this  act,  are  hereby  repealed. 

Approved,  January  8,  1840. 


In  force    8th    AN  ACT  supplemental  to  "An  act  to  authorize  the  county  commissioners 
Jan.  1840.  to  construct  certain  roads  in  Greene  county." 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
Duties  re-  rePresentect  ^n  the  General  Assembly,  That  all  the  duties  that 
quired  of  com  are  required  and  directed  to  be  done  by  the  county  commis- 
niissioners  of  sioners  of  Greene  county,  under  "An  act  authorizing  the  coun- 
to^b"  C°?l-TJ-  ty  commissi°ners'  court  to  construct  certain  roads  in  Greene 
ined  by  comr's  county,  approved  March  2d,  1839,"  if  the  county  of  Jersey 
of  Jersey  had  not  been  created,  is  hereby  authorized  and  required  to 
county  kg  ^one  Dy  the  county  commissioners  of  Jersey  county,  in  re- 

gard to  the  road  from  Jersey ville  to  the  river  in  said  county; 
said  county  commissioners  are  hereby  authorized  and  required 
expended       to  expend  the  same  amount  of  monoy,  and  in  the  same  way  that 
the  county  commissioners  of  Greene  county  would  have  done, 
if  the  county  of  Jersey  had  not  have  been  created. 
This  act  to  be  in  force  from  and  after  its  passage. 
Approved,  January  8,  1840. 


LAWS  OF  ILLINOIS.  41 

AN  ACT  authorising  an  additional  Justice  of  the  Peace  in  the  La  Ilarpe  In   force,  8th 
District,  in  Hancock  county.  Jan,  1840 

Sec.  1.  Be  it  enacted   by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  one  justice  of  the 
peace  in  addition  to  the   one  now  allowed    bylaw,  shall  be  Additional 
elected  in  the  La  Harpe  district,  in  the  county  of  Hancock,  Justice  for  the 
which  Justice  so  elected  shall  reside  in  the  town  of  La  Harpe,  fj^"e  ° 
in  said  district. 

Sec    2.    The  county  commissioners'    court    of   Hancock 
county  are  hereby  required,  to  cause  an  election  to   be  held  Time     of 
on  the  first  Monday  of  April  next,  or  as  soon  thereafter   as  election 
practicable,  and  at  each  quadrennial  election  thereafter,  for 
one  justice  of  the  peace  in  said  district  in  addition   to  those 
now  allowed  by  law. 

The  justice  of  the  peace  so  elected,  shall   hold   his    office     Term  of  of- 
until  the   next  general  election  for  justices  of  the  peace,  and 
until  his  successor  shall   be  elected  and  qualified  as  in  other 
cases;  and  the  Justice  so  elected,  shall   have  the  same  juris-  Jurisdiction 
diction,  and   be  governed  in  all  respects  by  the  sameregula-0     ustlce 
tions  as  other  justices  of  the  peace. 

Approved,  January  8,  1840. 

- 

- 
AN  ACT  to  incorporate  the  Clinton  Steam  Mill  Company. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  Inj[°Qvc^Jth 
represented   in  the    General  Assembly,  That   Thomas   Bond, 
James  Wightman,  James  Thompson  and  Benjamin  Bond,  and 
their  associates,  successors  and  assigns,  be,  and  they  are  here-  Body  corpo 
by  constituted  a  body  politic  and  corporate,  by  th,3  name  and 
style  of  the  "Clinton   Steam  Mill  Company,"   for  the  more  Name   and 
convenient  owning  and  conducting  a  Steam  Saw  and  Grist  style 
Mill,  to  be  propelled   by  one  or  more  steam  engines,   in  the 
county  of  Clinton,  and  the  transaction  of  all  the  usual    busi- 
ness of  companies  engaged  in  the  manufacture  of  flour,  meal 
and   lumber,   and   the  transportation  and  vending  the  same; 
and   the  said  corporation,  by  the  said  name,  is  declared,  and 
hereby  made  capable  in  law,  to  sue  and  be  sued,  to  plead  and 
be  impleaded,  to  have  a  common  seal,  and  the  same  to  alter  powers 
and  renew  at  pleasure,  to  make  rules  and  by-laws,  for  the  reg- 
ulation and  management  of  the  said  corporation,   consistent 
with  the  laws  of  this  State;  and  generally  to  do  and  execute 
whatever  by-law  shall  appertain  to  such  bodies  politic:  Pro- -proyiso 
vided.  That  nothing  herein  contained,  shall  be  considered  as 
conferring  on  the  said  corporation  any  banking  privileges,  but 
they  shall  be  exclusively  confined  to  the  operations  necessary 
for  carrying  on  the  business  consequent  upon  the  running  and 
conducting  of  steam  mills. 

Sec.  2.  The  said  corporation  shall  have  the  right  to  hold,la^mo"ntb£f 
possess  and  enjoy,  any  quantity  of  land,  not  exceeding  six  hun-  held 


42 


LAWS  OF  ILLINOIS. 


dred  and  forty  acres,  and  the  whole  amount  of  capital  stock 
Capital  stock,  shall  not  exceed  in  value  thirty  thousand  dollars,  and  shall  be 
how  employed  divided  into  one  hundred  shares  of  three  hundred  dollars  each; 
which  capital  shill  be  employed  in  purchasing  and  holding  the 
lands  aforesaid,  and  in  procuring,  constructing,  employing  and 
using  buildings,  machinery,  teams,  tools  and  utensils,  and  all 
things  necessary  and  proper  for  the  manufacturing  of  meal, 
flour,  and  lumber,  and  transportation  and  sale  of  the  same;  and 
the  purchase  of  corn,  wheat,  timber  and  other  materials  for  the 
successful  prosecution  of  the  object  of  the  company;  every  mem- 
ber of  the  company  shall  have  a  certificate,  under  the  seal  of  the 
corporation,  and  made  and  altered  in  such  manner  and  form  as 
the  by-laws  shall  prescribe,  certifying  his  property  in  the  share 
or  shares  owned  by  him,  and  the  stock  of  said  company  shall 
in  the  nature  of  personal  property,  be  assignable  and  trans- 
ferable, according  to  such  rules  as  the  board  oi  directors  shall 
establish,  and  no  stockholder  indebted  to  the  company,  shall 
to  be  transfer- be  permitted  to  make  a  transfer  or  receive  a  dividend,  until 
red  till  debts  such  debt  is  discharged,  or  security  given  for  the  same  to  the 
satisfaction  of  the  directors. 

Sec.  3.  For  the  managing  of  the  affairs  of  the  said  corpo- 
ration, there  shall  be  chosen  from  among  the  stockholders, 
four  directors,  who  shall  hold. their  office  for  one  year,  or  un- 
til superseded  by  others,  ten  days  previous  notice  shall 
be  given,  by  putting  up  written  notices  in  five  of  the  most 
public  places  in  the  county  of  Clinton,  (or  by  publishing  in  a 
public  newspaper  whenever  there  shall  be  one  published  in 
the  county  of  Clinton,)  of  the  first  election  for  directors  under 
this  act,  and  there  shall  be  annually  thereafter,  a  like  election 
for  directors,  in  the  town  of  Carlyle.  In  all  such  elections  for 
directors,  each  proprietor  of  a  share  in  the  capital  stock  shall 
be  entitled  to  one  vote  for  each  and  every  share  held  and  own- 
ed by  him,  which  vote  shall  be  given,  either  by  himself  in 
person,  or  by  his  proxy  duly  authorized  under  seal,  and  a  ma- 
jority of  the  shares  shall  be  necessary  to  a  choice  of  directors, 
or  the  transaction  of  any  business  which  may  concern  the 
company  and  come  before  the  stock  holders. 

Sec.  4.  A  majority  of  the  directors  shall  form  a  quorum  to 
transact  business,  and  they  shall  meet  within  thirty  days  from  the 
time  they  shall  have  been  chosen  at  Carlyle,  and  chose  by 
ballot  one  of  their  number  for  President,  who  shall  serve  tot 
one  year,  or  until  superseded  by  a  new  election;  and  there 
Annual  elec-  shall  be  annually  thereafter/a  like  election  in  the  town  of  Car- 
tlon  lyle,  by  the  said  directors  for  the  time  being  of  a  President 

for  the  said  corporation. 
Secretary  and  The  said  directors  shall  also  have  power  to  choose  and  ap- 
Treasurer,  &  point  a  secretary  and  treasurer,  and  such  other  officers  and 
agents  to  conduct  and  prosecute  the  business  of  the  said  cor- 
poration as  they  shall  deem  necessary  and  proper,  and  pre- 
scribe their  duties  from  time  to  time  in  such  way  as  said  direc- 
tors may  think  best. 


Stock  trans 
ferable 


Stock     not 


are  paid 


Directors, 
how  chosen 


Notice     of 
election 


How 
share 
vote 


each 
may 


Quorum   to 
do  business 


President 


other  officers 


LAWS  OF  ILLINOIS.  43 

The  said  directors  shall  cause  to  be  kept,  duly  recorded  in 
books  to  be  provided  and  kept  for  the  purpose,  minutes  of  all  Minutes  of 
their  proceedings,  and  regular  accounts  of  all  their  transac-^0^^^ 
tions;  as  also  minutes  of  the  proceedings  of  the  stockholders 
at  each  of  their  meetings,   which   book  may  at  any  time  be 
inspected  by  any  of  the  stockholders.  The  said  directors  shall 
have  power  for  good   cause,  to  be  spread  at  large,  together 
with  the  proof  in  support  thereof  upon  the  minutes  aforesaid,  officers  may 
to  remove  the  President  from  office;  they  shall  have  power  also  be  removed 
to  supply  any  vacancy  which  may  occur  in  the  office  of  Presi- 
ident,  or  in  their  own  body,  and  the   president  or  directors 
thus  chosen,   shall  hold   his  office  until  the    next  succeeding 
regular  annual  election  for  such  office. 

Sec  5.   The  directors  may  from  time  to  time,  at  any  meet-  Payment  of 
ing,  assess  and  require   payment  of  such  sum   of  money  not  instalments 
exceeding  twenty  per  cent,  upon  each  share  of  the    capital 
stock,  as  shall  be  judged  by  them  necessary  for  the  purposes  of 
the  corporation,  to  be  paid  into  the  hands  of  the  treasurer;  and 
if  after  publication  of  notice  in  a  newspaper,  once  a  week  for 
two  months,  or  by  posting  up  written  notices  for  the  space  of 
two   months  by  the  secretary  of  the  boaid  of  the  time  of  pay- 
ment of  any  proportion  or  instalment  of  said  capital  stock,  in  Failure    to 
five  of  the  most  public  places  in  the  county  of  Clinton,  if  there  pay    instal- 
be  no  newspaper  published  in  said  county.     Any  stockholder  ^e^j>    sl'a!1 
failing  to  pay  his  instalment,  at  the  time  specified  in  such  no-  oug  payments 
tice,  the  amount  paid  by  sueh  delinquent  stockholder  previous- 
ly, shall    be  forfeited  to  the  company,  and  his  stock  may  be  Stock  may 
sold  to  any  person  for  such  price,  as  may  be  agreed  upon  be- be  sold 
tween  said  company  and  the  purchaser. 

Sec.  6.  Dividends  of  the  nett  profits  of  the  said  company  Dividends 

shall  be  made  at  such  time  as  shall  be  determined  by  the  stock  now  made 

holders  in  general  meeting,  which  dividend  shall  be  paid  to^    , 

it         Dec  In.  rut  ion 
the  person  entitled  to  the   same,  on  demand   made,  ten  days  of    dividends 

after    making  and  declaring  such  dividend.     The   declaring  to     be    pub 
and  amount  of  said  dividend  shall  be  published  once  or  morellshed 
in  a  newspaper,  should  there  be  any  printed  in  the  county  of 
Clinton,  and  should  there  be  no  newspaper  printed  as  afore- 
said, then  for  four  weeks  successively,  by  keeping  up  printed 
notices  in  five  of  the  most  public  places  in  the  county. 

Sec  7.  The  Treasurer  of  the  Company  within  thirty  days  J.reaj^edr3to 
after  his  appointment  shall  enter  into  bonds  for  the  faithful gl 
discharge  of  his  duties,  in  such  amount  as  shall  be  designated 
by  the  Board  of  Directors,  and  with  such  securities  as  said 
Board  may  approve;  and  all  monies  accruing  to  the  company 
and  falling  into  the  hands  of  said  Treasurer,  shall  be  by  him 
safely  kept  and  disbursed  for  the  uses  of  said  company  as  al- 
ready provided  for,  and  in  accordance  with  the  by-laws  of 
said  company,  not  conflicting  with  any  of  the  provisions  of 
this  act. 

Sec.  8.  The  stock  of  said  company  shall  be  deemed  per- 
sonal estate,  and  pass  as  such  to  the  legal  representatives  of 


44 


LAWS  OF  ILLINOIS. 


Proviso 

Real  estate 
may  be  sold 

Proviso 


Terra     of 
charter 


each  stockholder:  Provided,  That  the  real  estate  which  may 
be  held  by  said  corporation  shall  be  sold  and  conveyed  when 
they  may  think  proper  so  to  dispose  of  it,  according  to  the  forms 
and  in  the  manner  prescribed  by  law  for  conveying  real 
estate,  the  President  of  the  company  making  the  acknowl- 
edgment on  behalf  of  the  corporation:  Provided.,  also,  that  the 
whole  amount  of  real  estate  purchased  by  said  corporation 
during  its  corporate  existence  shall  not  exceed  six  hundred 
and  forty  acres. 

Sec.  9.  Said  corporation  shall  continue,  and  by  the  name 
and  style  of  the  "Clinton  Steam  Mill  Company"  shall  have 
succession  for  and  during  the  period  of  twenty  years  and  no 
longer. 

Approved,  January  8,  1840. 


In  force,  8th 
Jan.  1840. 


AN  ACT  to  vacate  the  town  plat  of  Shepherdstown. 


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

represented  in  the  General  Assembly,  That  so  much  of  the  town 

plat  of  Shepherdstown,  as  lies  within   the  county  of  Vermil- 

Condition  on  ion,  State  of  Illinois,  shall  be,  and  the  same  is  hereby  declared 

which  plat  of  vacateci   Upon  the  proprietor   of  said  town   making  and  filing 

town  is  vtiCci-  ?      v  r      i  o  #  o 

ted  with  the   clerk  of  the  County  Commissioners'   Court,  of  said 

county  of  Vermilion,  under  oath,  a  statement  in  writing,  set- 
ting forth  that  he  is  the  sole  proprietor  and  owner  of  all  the 
lots  embraced  within  the  limits  of  said  town. 
Approved,  January  8,  1840. 


In  force,  8th 
Jan.  1840. 


AN  ACT  to  attach  the  county  of  Lee  to  the  sixth  Judicial  District. 

Sec  1.  Be  it  enacted  by  the  people  nf  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  count}  of  Lee, 
be,  and  the  same  is  hereby  attached  to  the  Sixth  Judicial 
Circuit.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved,  January  15,  1840. 


AN  ACT  to  change  the  name  of  the  town  of  Worcester,  in  Pike  county' 
to  that  of  Barry. 

Name  of  town      Sec.   *•  ^e  &  enacted  by  the  People  of  the  State  of  Illinois, 
changed  to      represented   in  the  General  Assembly,  That  the  name  of  the 

town  of  Worcester,  in   Pike    county,  be,  and  the   same  is 

hereby  changed  to  that  of  Barry. 
Approved,  January  15th,  1840. 


In  force,  15th 
Jan.  1840. 


Barry 


LAWS  OF  ILLINOIS.  45 

AN  ACT  to  vacate  the  plat  of  the  town  of  Cottage  Grove,  in  the  county  of     In  force, 

Cook.  January  15tb, 

1840. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  survey  and  Plat  vacated 
plat  ot  the  town  of  Cottage  Grove,  in  the  county  of  Cook, 
be,  and  the  same  is,  hereby  vacated:  Provided,  the  assent  of  Proviso 
the  owners  of  any  lots  in  said  town,  shall  first  be  obtained, 
which  assent  shall  be  made  in  writing,  and  recorded  in  the 
recorder's  office  of  Cook  county.  This  act  to  take  effect, 
force  from  and  after  its  passage. 

Approved,  January  15,  1840. 


AN  ACT  to   legalize  the  assessment  of  taxes  in  the    county  of  De   Kalb, 

for  the  year  1839.  ,  In   for<"» 

J  January  15th, 

1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the   General   Assembly,  That  the  assessment  ofZ^e^^b 
taxes  in  the  county  of  De  Kalb,  shall  be  as  valid  to  all  intents  for  1339  le- 
and  purposes,  as  if  it  had  been   made  as  required  by  an  actgalized 
concerning   the  Public  Revenue,  approved    Feb.  26,  1839. 

Approved,  Jan.  15,  1840. 


AN  ACT  to  authorrze  Beniamin  W.  Pope  and  William  Gasoway  to  build  T     ,  no  , 

J        a  mill-dam.  In  force,  18th 

Jan. 1840 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the   General   Assembly,    That    Benjamin  W. 
Pope    and  William    Gasoway   be,  and  they  are   hereby  au- Mill  dam, 
thorised  to  raise  and  continue  a  mill  dam  across  Big  Muddy,  where  built 
on   section,  number   twenty,  township  number  seven,  range 
number  two   east  of   the   third    principal   meridiam,  in  the 
county  of  Franklin,  to  the  height  of  ten  feet:  Provided,  The  Proviso 
said    Benjamin    W.  Pope    and  William  Gassoway  own  the 
land  on  which  the  same  is  to  be  raised;  and,  Provided,  That  Further  pro- 
the  raising  of  said  dam  does  not  interfere  with  any  mill  dam  viso 
formerly  built  across  said  river;  however,  upon  the   follow- 
ing conditions,  to  wit.  That  the   State  in  no  event,  shall  be  ^     ,.  . 
,    o      .  ,  '  .  r  .  -1,1,        Conditions 

bound  to  pay  any  damages  tor  removing  said  dam,  and  other 

obstructions,  shall  it  hereafter  be  necessary,  for  the  purposes 
of  improving  the  navigation  of  said  river. 
Approved,  January  18th,  1840. 

■     .  . 


46  LAWS  OF  ILLINOIS. 

In  force.  18th  AN  ACT  to  compensate  certain  witnesses. 

Jan.  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That   there  be  allowed 
$2  per  day  for  to  each  witness,  summoned  by  the  House  of  Representatives 
attendance      af.  tms   sessi0n  of  the  General  Assembly,   the   sum  of  two 
dollars  for  each  day  such  witness  was  compelled    to  attend, 
$2  for  20        and  two  dollars  for  every  twenty  miles  necessary  travel,  to, 
miles  travel     ant}  from  lne  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  proved   by  any 
Proviso  credible  witness:  Provided,  That  witnesses,  summoned  while 

at  the  Seat  of  Government,  shall  not  be  allowed  mileage. 
This  act  to  be  in  force  from  and  after  its  passage. 
Approved,  January  18th,  1840. 


In  force  18th       AN  ACT  to  amend  an  act,  entitled  "An  act  to  increase  the  corporate 
Jan.  1840.  powers  of  the  town   of  Chester. 

Sec.   1.  Be  it  enacted  by  the  People  of  the   State  of  Illinois, 
represented  in  the   General  Assembly,  That  the   provisions  of 
an  act  entitled,  "An  Act  to  increase  the  corporate  powers  of 
SvSfoT    the  town  of  Chester>"  in  force   February  the  12th,  1>39, 
Justices  in      shall   not  be  so   construed  as  to  authorise  the  citizens  of  the 
precinct  of     town  of  Chester  to  vote  tor  Justices  of  the  Peace  and  Con- 
Chester  stables,   in   the   Justice's  precinct   in   which   said  town   of 
Chester  is  situated. 

Sec.  2.  The  Board  of  Trustees  of  said   town  shall  have 

Further  P°w-power  f-0  appoint  a  Secretary,  Treasurer,  Assessor,  Collector, 
ers  of  Board    £  rr#     ,  ■>  7  7  m 

of  Trustees  Street  Commissioner,  and  such  other  officers  as  the  lrustees 
may  deem  necessary,  any  thing  in  the  eighth  section  of  the 
act  to  which  this  is  an  amendment,  to  the  contrary  notwith- 
standing. 

Approved,  January  18th,  1840. 


In  force   18th      AN  ACT  to  legalize  the  survey  and  relocation  of  part  of  a  State  road 
Jan.  1840.  therein  named. 

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

represented  in  the   General  Assembly,  That    the  survey  and 

relocation  of  a  part  of  the  State  road,  leading  from  Peoria, 

t>  i      t.       fto  Burlington,   as  made  by  Benjamin    Tompkins,  Kenner 

KelocaUon  of  ^  *?■»«-.  »    *i       ""•     xir  i_  j   aL_ 

road  legalized  Brent,  and  Matthew  J.  Cox,  in  Warren  county,  be,  and  the 

same  is  hereby  legalized,  and  the  county  commissioners'  court 
of  Warren  county  is  hereby  authorised  to  receive  and  record 
Report  to  be  the  report  in  the  same  manner  as  though  the  survey  and  re- 
recorded       location  had  been  made  in  conformity  to  the  law  authorising 
the  resurvey  and  relocation. 
Approved,  January  18th,  1840. 


LAWS  OF  ILLINOIS.  47 

AN  ACT  to  amend  an  act,  entitled  "An  act  to  vacate  the  survey  and  plat  In  force,  18di 
of  the  town  of  Middleton.  Jan.  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  instead  of  the  name^ame  substi- 
of  John  Newman,  contained  in  said  act,  the  name  of  Johntuted 
Nawman,  be  substituted. 

Approved,  January  18th,  1840. 


AN  ACT  for  the  relief  of  Lake  county.  jn  force    I8th 

Jan.  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  so  much  of  the  tax, Tax  in  Lake 
levied  by  order  of  the   county  commissioners'  court  of  Mc- ?0U™tyHleT. 
Henry   county,  as  has  been  assessed   on  that  portion  of  Mc- to  he  collect- 
Henry  county  now  forming  Lake  county,  be    legalized,  andedDyLake 
the  county  commissioners  of  Lake  county    be  authorised   tocounty 
appoint  Collectors,  and  have  the  same  collected  for  the  use 
of  said   Lake    county,  under  the  aforesaid   assessment,  made 
by  the  commissioners    of  McHenry  county,  at  their  March 
term,  1839. 

Approved,  Januarv  18th,  1840. 


AN  ACT  to  legalize  the  assessment  of  taxes  for  the  county  of  DuPage-  In  force,  18th 

Jan.  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the    appointment  A   eg  m 
of  Assessors,  and    the  assessment  of  taxes  in,  and  for  the  legalized 
county  of  Du  Page,  for  the  year  one  thousand  eight  hundred 
and  thirty-nine,  shall  be  as  good  and  valid  to  all  intents  and 
purposes,  as  if  the  same  had  been  made  at  the  periods  directed 
by  the  act  entitled,  "An  Act  concerning  the  Public  Reveuue," 
approved,  Februry    26th,  1839,  and    that  any  person    fcel-^™edS,re?" 
ing  aggrieved  by    the   valuation  of  taxable   property,   may  medy 
apply  to  the  county  commissioners'  court  of  the  said  county, 
to  be  holden  in  March  next,  for  such  relief  as  is  authorised 
by  the  aforesaid  act  concerning  the  Public  Revenue,  and  the 
said   court  may  then   grant  such  relief  as  could  have   been 
granted  by  law  at  the  June  term  of  such  court. 

Approved,  January  18th,  1840. 


AN  ACT  to  authorize  certain  persons  therein  named  to  keep  a  ferry.       In  force,  18th 

Jan.  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois' 
represented  in  the  General  Aesembly,  That  David  W. 
Matthews,  Mark  Aldrich,  their  heirs  and  assigns,  are  hereby 


48  LAWS  OF  ILLINOIS. 

Ferry  estab-    authorised  to  establish  and  keep  a  ferry  for  the  period  of  ten 

ears       teU  Yearsi  across  the  Mississippi  river  from  the  town  of  Warsaw, 

Location        *n  Hancock  county,  to  a  point  at   or  near  the  mouth  of  the 

Dcs  Moins  river,  opposite  said  town. 
Boat  to  be  fur      Sec.  2.  Said    Matthews  and  Aldrich    shall,   within   two 
nished  and      years  from  the  passage  of  this  act,  cause  said  ferry  to  be  fur- 
worked  by      nished  with  a  good  tight  boat,  worked  by  steam   power,  and 
sufficient  for  the  safe   and  speedy  transportation  of  all  pas- 
sengers, their  teams,  horses,  cattle,  and  other  animals,  as  well 
as  their  goods  and  effects;  and  said  boat  shall  be  furnished 
with  men  of  suitable  strength  and  skill  to  manage  the  same. 
Sec.  3.  Said  Matthews  and   Aldrich  shall  receive    such 
Rates  of  toll    rates,  and  sums  of  money,  for  crossing  at  said  ferry,  as  are 
now  allowed,  and  taken  for  crossing  between  Warsaw  and 
By  whatpow-  the  mouth  of  said  river  Dcs  Moins,  and    in  the  management 
erned      S°V~  of  the  same,  they  shall  be  governed  by  the  requisitions  of  the 
act,  entitled  "An  Act    to  provide   for    the  establishment  of 
ferries,  toll  bridges,  and  turnpike  roads,"  approved  February 
12,  1827, 

Approved,  January  18th,  1840. 


In  force,  29th  An  ACT  to  amend  "An  act  to  incorporate  the  Beet  Sugar,  Silk  and  Vege- 
Jan.  1840.  table  Oil  Manufacturing  Company,  "approved  February  27, 1837." 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  John  B.  Hundley, 
Directors        Benjamin  F.  Edwards,  Justis  Rider,  Charles   Howard  and 
William  H.  Rider,  shall  be  directors  of  the  Beet  Sugar,  Silk 
and  Vegetable  Oil   Manufacturing  Company,  until   the  first 
Monday  in  February, 1840,  at  which  time,  and  annually  there- 
Annual  elec-  after,  five   directors  shall  be   chosen   by  the  stockholders  of 
tion  said  company;  and  if  such  election  shall  be  made  on  the  said 

first  Monday  in  February,  1840,  or  within  three  months  there- 
after, the  charter  of  said  company  shall  not  be  deemed  to  have 
been  forfeited  by  reason  of  any  neglect  to  choose  directors 
heretofore. 
Commission-       Sec.  2.  That  Jacob  Fry  of  Greene  county,  Lewis  Roberts 
ers  to  receive  0f  Calhoun  county,  Ira   Davenport,  Alexander   Brothers  and 
to  capital0118  Austin  Brokenbrough,of  Morgan  county,  are  hereby,  appoint- 
stockof  Miss,  ed  commissioners,  a  majority  of  whom  are   hereby  authorized 
and  HI.  canal  to  open  books  for  the  subscription  to  the  capital  stock   of  the 
company        Mississippi  and  Illinois    Ganal   Company;  and    in  all  other 
respects,  to  carry  into  effect  the  act  incorporating  said  compa- 
Failure  to       ny,  according  to  its  provisions;  and  that  a  failure,  on  the  part 
Seaf°h™iinot  oi  ^ie  cornmissioners  originally  appointed  in  said  act,  to  per- 
work  forfeit-   form  the  duties  required  of  them,  shall  not  be  considered  as  a 
ure  forfeiture  of  said  charter. 

Approved,  January  29,  1840. 


LAWS  OF  ILLINOIS.  49 

AN  ACT  (o  amend  "An  act  incorporating  the  Calhoun  Coal  and   Mining      In  force, 

Company."  Jan.  31,  1840. 

Sec  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  stockholders  of 
the  Calhoun  Coal  and  Mining  Company  may  locate  a  portion  Land  may  De 
of  the  land  authorised  in  the  act  to  which  this  is  an  amend-  located  in 
ment,  in  the  county  of  Monroe,  with   the  privilege  of  build-  Monroe  coun- 
ins:  a  rail  road  from  their  coal  mines  to  the  banks  of  the  Mis-rynm  .  rmoir 

o  .  _  ,  .  i*i  Ks-oiup  iiy  nitty 

sissippi  river,  the  right  ol  way  to  be  procured  in  the  same  build  a  railr'd 
manner  as  is  now  provided  in   the  act  to  obtain  the  right  of 
way,  and  for  other  purposes,  approved  February  28,  1S33. 

Sec.  2.  The  capital  .stock  of  said  company,  at  any  regular  Capital  stock 
meeting  of  the  stockholders,  may  be  increased  to  one  hundred  ™r^gebj  .*?" 
thousand  dollars,  which  capital,  when  paid  in,  shall  have  pow-  $ioo,000 
er  to  use  their  surplus  capital  in  the  same  manner  as  is  provid-  Surplus  capi- 
ed  in  the  act  granted  to  the  Illinois  Insurance  Company,  ap- tal  m*j  be 
proved  March  2, 1839.  "sed- 

Approved,  January  31,  1840. 


AN  ACT  to  establish  a  ferry  across  Illinois  river.  jn  force 

Feb.  1    1840, 
Sec.  1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois, 

represented  in  the  General  Assembly,  That  William  L.  May,    , 

his  heirs  and  assigns,  be,  and  they  are  hereby  authorized  to 

establish  a  ferry  at  the  outlet  of  lake  Peoria,  and  to  run  the 

same  from  both  sides  of  said  outlet  on  the  Illinois  river,  either 

from  any  public  highway  or  from  any  lands  or  lots  which  are  Location  of 

or  may  be  owned  by  them.  liy' 

Sec.  2.  The  said  William  L.  May,  his  heirs  and  assigns, 
shall,  at  all  times  keep  a  sufficient  number  of  boats,  hands, 
oars  and  poles,  to  afford  at  all  times  a  safe  and  speedy  trans- 
portation of  all  travellers  and  other  persons  who  may  desire 
to  cross  said  river  with  their  horses,  wagons,  carriages,  and 
other  propei  ty;  and  the  said  ferry  shall  at  K.11  times  be  sub- 
ject to  all  the  rules  and  regulations,  which  now  are  or  may 
hereafter  be  provided  by  law,  to  regulate  ferries  in  this 
,  State. 

Sec  3,     In  consideration   of  the  obligations  hereinafter 
imposed,  the   said  William  L.  May,  his  heirs  and  assigns, 
shall  have  the  right  of  ferrying  and  receiving  tolls  therefor,  at  Tolls 
the  said  outlet,  for  and  during  the  term  of  fifteen  years  from 
the  first  of  February,  1S40. 

Sec.  4.  The  said  William  L.  May,  his  heirs  and  assigns, 
shall  be  authorized  to  receive  the  same  tolls  as  are  now  al- 
lowed by  the  county  commissioners  court  of  Peoria  county, 
at  the  ferry  established  at  the  said  outlet  of  lake  Peoria. 

Sec  5.     The  said  William  L.  May,  his  heirs  and  assigns, 
shall  at  all  times  during  the  existence  of  the  privilege  hereby 
4 


5)  LAWS  OF  ILLINOIS. 

Persons  pass-  granted,  afford  a  free  passage  over  said  ferry,  to  all  citizens 
ing  free  of  toll  Qr  what  1S  now  Tazewell  county,  together  with  their  horses, 
carriages,  wagons  and  other  property,  when  going  to  or  re- 
turning from  the  town  of  Peoria,  for  the  purposes  of  trade 
with  any  of  the  inhabitants  thereof,  or  for  the  purpose  of  con- 
sulting or  employing  any  physician  or  lawyer  of  said  town 
of  Peoria. 

Sec.  6.     If  the  said  William  L.  May,  his  heirs  and  assigns, 

shall  at  any  time  after  the  provisions  of  this  act  takes  effect, 

demand  or  receive  any  toll  or  ferriage,  from  any  citizen  of 

Tazewell  county  who  may  desire  to  cross  at  said  ferry,  for 

the  purposes  of  trading  or  transacting   business  as  aforesaid, 

Penalty  for      anc[  who  shall  demand  his  exemption  as  aforesaid,  he  or  they 

""ifceMof      shall  forfeit  for  every  such  offence  to  every  such  person,  the 

Tazewell        sum  of  five  dollars,  to  be  recovered  with  costs  before  any 

justice  of  the  peace  by  action  of  debt. 

Sec.  7.  The  license  and  privilege  hereby  granted,  shall 
be  liable  to  be  revoked  by  information  in  the  nature  of  a  quo 
warranto,  to  be  filed  in  the  circuit  courts  either  of  Tazewell 
Privileges  or  Peoria  counties,  if  at  any  time  hereafter  the  said  William 
maybe revok- ^  May,  his  heirs  and  assigns,  shall  fail  to  keep  at  said  ferry 
a  sufficient  number  of  boats,  oars,  poles,  and  hands,  to  afford 
a  passage  to  all  persons  with  their  property,  who  may  desire 
to  cross  said  ferry  with  safety  and  reasonable  speed,  or  if  at 
any  time  he  or  they  shall  knowingly  and  wilfully  fail  or  neg- 
lect to  comply  with  any  of  the  provisions  of  this  act. 

Sec  8.     The  said  William  L.  May,  his  heirs  and  assigns, 
shall  annually  on  the  first  day  of  September,  in  each  and  ev- 
$50  to  Peoria  ery  year,  pay  into  the  county  treasury  of  the  county  of  Pe- 
county  oria?  the  sum  of  fifty  dollars  for  the  use  of  said  county,  and 

shall  at  the  same  time  in  each  year,  pay  a  like  sum  of  fifty 
$50  town  of  dollars  into  the  treasury  of  the  town  of  Peoria,  to  be  expend- 
Peoria  ed  under  the  direction  of  the  Trustees  of  said  town  in  im- 

proving so  much  of  the  State  road  leading  from  Peoria  to 
Springfield,  as  lies  between  the  Illinois  river  and  the  top  of 
the  bluff;  and  if  at  any  time  the  said  May,  his  heirs  and  as- 
signs, shall  fail  to  pay  the  above  amounts  for  the  space  of  one 
month  after  the  same  shall  become  due,  the  license  hereby 
granted  may  be  revoked  as  aforesaid. 

Sec.  9.  If  any  person  or  persons  shall,  by  falsely  repre- 
senting themselves  to  be  citizens  of  Tazewell  county,  and  go- 
ing to  Peoria  for  the  purposes  of  trade  or  the  transaction  of  bu- 
siness as  aforesaid,  procure  a  free  passage  across  said  river  at 
the  ferry  aforesaid,  every  srch  person  shall  forfeit  and  pay 
to  the  said  William  L.  May,  his  heirs  and  assigns,  the  sum  of 
five  dollars  for  every  such  offence,  to  be  recovered  by  action 
of  debt  in  the  name  of  the  party  aggrieved,  before  any  jus- 
tice of  the  peace  having  jurisdiction  therein. 

Sec  10.     The  provisions  of  this  act  shall  not  take  effect 

Proviso.  unless  the  said  William  L.  May  shall,  on  or  before  the  first 

day  of  April,  1840,  file  in  the  office  of  the  clerk  of  the  coun- 


LAWS  OF  ILLINOIS.  51 

ty  commissioners'  court  of  Peoria  county,  a  bond  with  one  or 
more  securities,  to  be  approved  by  said  clerk  in  the  penal 
sum  of  one  thousand  dollars,  payable  to  the  county  aforesaid, 
conditioned  to  perform  all  the  duties  required  by  this  act. 

Sec.  11.     The  county  commissioners' courts  of  the  coun-  ... 

ties  of  Peoria  and  Tazewell,  is  [are]  hereby  inhibited  from  be  established 
granting  any  license,  to  keep  a  ferry  at  the  said  outlet  of  lake  at  outlet 
Peoria,  during  the   existence  of  this  grant,  but  nothing  in 
this  act  shall  be   construed  to  interfere   or  prejudice  any 
rights  already  obtained. 

Sec  12.     The  trustees  of  the  town  of  Peoria  are  hereby 
authorized  to  expend,  under  their  direction,  the  amount  re- 
quired by  this  act  to  be  paid  into  the  Treasury  of  said  town 
by  the  said  William  L.  May,  upon  so  much  of  the  State  road  Part  of  road 
leading  from  Peoria  to  Springfield,  as  lies  between  the  river  from  Peoria  to 
and  the  top  of  the   bluff;  also   to  cause  to  be  expended   any    pnng  e 
further  sum  or  sums  of  money  that  they  may  think  proper  to 
expend  from  time  to  time,  upon  that  part  of  the  said  road. 

Sec.  13.     In  addition  to  the  amount  required   to    be  paid 
by  the  said  *W"illiam  L.  May,  by  the  provisions  of  the  eighth 
section  of  this  act,  he  shall  cause  to  be  expended  upon  that 
part  of  the  Springfield  and  Peoria  road,  lying  between  the 
Illinois  river  and  the  top  of  the  bluff,  the  sum  of  fifty  dollars  $50  to  be  ex- 
nnnually,  for  which  he  is  to  file  his  vouchers  for  the  actual  pendedbyW. 
expenditure,  with  the  board  of  trustees  of  the  town  of  Peo-    '     ay 
ria,  on  or  before  the  first  Monday  in  September,  in  each  year. 

Sec.  14.  That  so  much  of  the  eleventh  section  of  the  act 
entitled  "An  act  to  extend  the  corporate  powers  of  the  town 
of  Pekin,  approved  February  23,  1839,"  as  gives  the  county 
commissioners'  court  of  Peoria  county  the  right  to  fix  and  re- 
gulate the  rates  of  ferriage  over  the  Illinois  river  at  said 
town,  be  and  the  same  is  hereby  repealed.  Sec.  repealed 

Approved,  February  1,  1840. 


AN  ACT  authorizing  commissioners'  courts  to  alter,  change,  andjre-locate      In  force, 

State  roads.  Feb.  1,  1840. 

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  several  counties  in  this  State  shall  have 
the  control  of,  and  jurisdiction  over  all  roads  in  their  re- Co'nty  com'rs 
spective  counties,  as  well  State  roads  located  by  State  au- t0  na^e  c°n" 
thority,  as  by  the  county,  and  may  alter  and  relocate  the 
same  on  application. 

Sec.  2.  That  when  any  person  or  persons  desire  a  change, 
or  re-location  of  any  State  road  now  located,  notice  of  such 
intended  application  shall  be  given,  by  setting  up  advertise- 
ments in  writing,  at  least  one  in  each  road  district,  through 


52 


LAWS  OF  ILLINOIS. 


.  which  said  road  shall  pass,    and  on  the  court-house    door, 
twenty  days  previous  to  the  sitting  of  the  court  to  which  ap- 
Petition  for]   plication  shall  be  made;   and  on  petition  of  a  majority  of  the 
roads  qualified  voters  of  each  road  district,  through  which  the  road 

/       shall  pass,  fairly  obtained,  the  court  shall  appoint  viewers,  to 
examine  the  rout,  and  make  the   location,  and  the  proceed- 
ings thereafter  shall  be  had  as  in  cases  of  county  roads:  Pro- 
Froviso.         vided,  nothing  in  this  act.  shall  be  so  construed  as  to  authorize 
the  re-location  of  any  State  road,  unless  the  majority  of  the 
qualified  voters  living  immediately  in  the  vicinity  of  such  road 
proposed  to  be  changed,  petition  for  such  change;  and  depos- 
ite  withthe  county  commissioners'  clerk  sufficient  money  to 
defray  the  expenses  of  such  review:  And  provided  further,  no 
change  shall  be  made  unless  the  distance  is  shortened  thereby. 
Sec.  3.  That  when  it  shall  become  necessary   to  have  a 
road  altered,  or  located  at  a  county  line,  the  same  shall  be 
agreed  on  and  settled  by  viewers,  from  each  county,  to  be 
Roads  ending  appointed  by  the  counties  immediately  interested;  and  no 
at  co'y  lines    State   road  shall  be  altered  at   a  county  line,  or  elsewhere, 
unless  a  majority  of  the  viewers  appointed,  ag"ree  on  such 
change   or  location.     All  roads  shall  be  surveyed,  and  a 
plat  with  the  courses  and  distances  reported  and   recorded, 
and  the  county  commissioners'  courts  are  empowered  to  es- 
tablish the  main  leading  roads  four  rods  wide. 

Sec  4.  In  all  cases  where  objection  shall  be  made,  and  a 

Remonstran-  remonstrance  presented  to  an  alteration,  or  location  of  a  road, 

ces  the  court  shall  consider  the  same,  and  act  according  to  their 

best  judgment  for  the  public  good:  no  power  or  authority  is 

hereby  granted  to  change  or  interfere,    with   the  great  wes- 

Exception       tern  mail  rout,  or  the  Darwin  and  Charleston  turnpike. 

Approved,  Feb.  1.  1840. 


In  force, 
Feb.  1,  1840. 


Road  annul'd 


Privilegeu  of 
company 


An  ACT  to  vacate  a  State  road  in  Pike  county,  and  for  other  purposes. 

Sec  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  road  located  by 
the  provisions  of  the  fiftieth  section  of  "An  [actj  to  locate  and 
establish  and  alter,  change,  and  re-locate  state  roads,"  ap- 
proved March  2,  1839,  be  and  the  same  is  hereby  disconti- 
nued and  annulled. 

Sec  2.  That  upon  the  acceptance  and  adoption  of  the 
act  entitled  "An  act  to  establish  insurance  offices  in  Morgan, 
Pike  and  Scott  counties,"  passed  during  the  present  session 
of  the  General  Assembly,  by  the  corporations  or  either  of 
them  named  in  said  act,  it  shall  be  lawful  for  the  president 
and  directors  of  either  of  said  corporations  to  adopt  as  part 
of  the  charter,  any  one  or  more  sections  of  the  act  incorpo- 


LAWS  OF  ILLINOIS.  53 

rating  the  other  company;  so  that  each  company  shall   have 
all  the  rights,  privileges,  powers   and   immunities  granted  to, 
or  conferred   upon    either:  Provided,  That  the  capital  stock  Proviso. 
shall  not  be  increased   beyond  the  amount  now  provided  for 
by  law:  And  provided  further,  That  the  place  of  doing  busi-  Further   pro- 
ness  shall  not  be  changed,  the   directors  of  said  companvvlso# 
respectively,  are  authorized  to  fix  the  time  of  the  annual  meet- 
ings and  elections;  but  in  case  of  failure  to  make  an  election 
at  any  time  provided  for,  said  corporations  shall  not  thereby 
be  dissolved,  but  the  directors  last  elected  shall  continue  in  of- 
fice until  successors  are  elected,  and  enter  upon  their  duties; 
and  each  of  said  corporations  shall  continue  to  exist,  and  ex- 
ercise, have,  and  enjoy,  all  the  rights  and  privileges  conferred 
upon  and  granted  to  them  by  the  above   recited  act,  during 
the  period  limited  in  the  original  acts  of  incorporations. 
Approved,  February  1,  1^40. 


AN  ACT  to  incorporate  the  Hamilton  Primary  School.  In  force, 

Feb.  1,  1840. 

Whereas,  Silas  Hamilton  did,  by  his  will  and  bequest,  bearing  preamb]e 
date  the  20th  day  of  October,  1834,  give  and  bequeath 
four  thousand  dollars  in  the  words  following,  viz:  Believing 
in  the  very  great  importance  of  primary  schools,  and  de- 
siring that  my  friends  and  relations  in  this  neighborhood 
should  receive  the  benefit  of  them,  I  give  and  bequeath 
four  thousand  dollars  for  the  establishment  of  a  primary 
school,  viz:  Two  thousand  dollars  to  be  appropriated  to  Part  of  will 
the  erection  of  a  building  suitable  for  a  school,  and  for  a 
place  of  public  worship,  and  two  thousand  dollars  to  consti- 
tute a  fund  for  the  support  of  a  teacher;  said  house  is  to 
be  located  not  exceeding  one  mile  south  of  this,  my  resi- 
dence, nor  one  mile  west,  nor  one  mile  nor  one  half  mile 
north,  nor  one  fourth  mile  east  of  it,  but  at  or  near  the 
point  called  the  four  corners,  and  I  desire  my  executors  to 
oversee  the  erection  of  said  building. 

And  whereas  the  executor  of  said  Hamilton  has  procured  a  Preamble 
lot  of  land  at  the  place  called  the  four  corners,  mentioned 
in  said  will,  it  being  in  the  centre  of  section  number  four- 
teen in  township  number  seven,  north  of  range  number 
twelve  west,  in  the  county  of  Jersey,  and  have  erected  a 
stone  building  thereon  for  the  use  and  purpose  mentioned 
in  said  will,  and  for  the  purpose  of  enabling  the  neighbor- 
hood aforesaid  to  use  and  forever  enjoy  the  benefits  of 
the  said   bequest — Therefore, 

Sec   1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  J.  M.  Hurd,  Tarlton  #0(\y  politic 
F.  Brock,  Henry   Noble,  James  C.  Perry,   and  George  D.  and  corporate 
Sidway,  and  their  successors,  be,  and  they  are  hereby  created 


54  LAWS  OF  ILLINOIS. 

a  body  politic  and  corporate,  by  the  name  and  style  of  the 
Name  and  "Hamilton  Primary  School,"  and  by  that  name  to  have  per- 
s,y  petual  succession,  with  power  to  sue  and  be  sued,  plead  and 

be  impleaded,   to  acquire,  hold,  and   convey  property,  real, 
personal,  and  mixed,  together  with  all  donations  and  bequests 
made  by  Silas  Hamilton  for  school  purposes,  to  have  and  use 
Powers.  a  common  seal,  to  alter  the  same   at  pleasure,  to  make  and 

alter  from  time  to  time,  such  by-laws  as  they  may  deem  ne- 
cessary for  the  government  of  said  school,  its  officers  and  ser- 
vants: Provided,  such  by-laws  be  not  inconsistent  with  the 
constitution  and  laws  of  the  United  States  and  of  this  State. 
Sec.  2.     The  said  primary  school,  incorporated  by  this  act, 
Location  of     shall  remain  located  in  Jersey  county,  where  it  now  is;  the 
school.  powers  and  privileges  hereby  conferred  shall  be  exercised  and 

employed  for  the  sole  purpose  of  establishing  a  primary 
Gifts&  grants  school  and  promoting  the  cause  of  education.  And  all  gifts 
and  donations  which  may  have  been,  or  that  may  hereafter 
be  made  for  the  purposes  of  education  or  establishing  a  semi- 
nary of  learning,  shall  be  received  and  held  by  the  said 
Hamilton  primary  school,  for  the  purpose  of  establishing  a 
seminary  of  learning,  and  the  proceeds  thereof  shall  be  ap- 
propriated in  such  a  manner  as  shall  best  promote  the  objects 
of  the  donor,  and  advance  the  prosperity  of  said  school. 
That  all  donations  that  have  or  may  be  given  for  a  particular 
purpose,  expressed  in  this  grant,  and  accepted  by  said  school, 
shall  be  applied  in  conformity  with  the  design  of  the  donors; 
and  if  it  is  not  inconsistent  with  the  objects  of  any  such  do- 
nation, shall  be  loaned  out  by  the  trustees  of  said  school,  at 
such  rate  of  interest  as  is  now  allowed  to  be  taken  by  indi- 
viduals; and  the  trustees  of  said  school  are  hereby  authorized 
to  obtain  and  receive  from  the  executors  or  executor  of  the 
said  Silas  Hamilton,  or  their  legal  representatives,  all  notes, 
bonds,  mortgages,  and  other  securities  by  them  taken  as  se- 
curity for  the  said  donations;  and  the  said  trustees  shall  have 
full  power  and  authority  to  collect  the  same,  with  the  inter- 
est due  thereon,  in  the  same  way  the  executors  might  or  could 
have  done. 

Sec  3.     The  officers  of  said  school  shall  be  governed  by 

five  trustees;   and  the  persons  named  in   the  first  section  of 

this  act  shall  be  the  first  trustees,  and  continue  in  office  until 

Election  tne  fipst  Monday  in  June  next,  and  until  their  successors  are 

elected  and  qualified.     And  on  the  first  Monday  of  June  next 

there  shall  be  elected  five  trustees,  who  shall  hold  their  office 

until  succeeded,  as  hereinafter  directed,  at  the  first  regular 

meeting  of  the  trustees  elected  in  pursuance  of  this  act.  or 

Trustees  divi-  as  soon  thereafter  as  practicable.     The  trustees  shall  divide 

ded  into  five  themselves  into  five  classes,  and  prepare  five  tickets,  and  cast 

Sl-S!efi«         lots,  and  the  trustee  drawing  the  first  class,  shall  hold  his  of- 

rirst  class         -      '  '  °  '    .  . 

nee  for  the   term  of  five  years,   and   until  his  successor  is 

Second  class   elected;  and  the  trustee  drawing  the  second  class  shall  hold 

his  office  for  the  term  of  four  years,  and  until  his  successor  is 


LAWS  OF  ILLINOIS.  55 

elected;  and  the  trustee  drawing  the  third  class  shall  hold  his  Third 
office  for  the  term  of  three  years,  and  until   his  successor  is 
elected;  and  the  trustee  drawing  the  fourth  class  shall   hold  Fourth 
his  office  for  the  term  of  two  years,  and  until  his  successor  is 
elected;  and  the  trustee  drawing  the  fifth  class  shall  hold  his  Fifth 
office  for  the  term  of  one  year,  and   until  his  successor  is 
elected;  so  that  on  the  first   Monday  in  June  thereafter,  in 
each  and  every  year,  there  shall  be  elected  one  trustee,  who 
shall  hold  his  office  for  the   term  of  five  years,  and  until  his 
successor  is  elected  and  qualified.     The   trustees  shall  elect 
one  of  their  own  number  President,  and  shall  be  judges  of  the  President 
qualifications  of  its  members. 

Sec.  4.  That  at  any  election  held  for  the  election  of  trus- 
tees, all  persons  residing  within  four  miles  square  to  be  laid 
off  north  and  south,  and  east  and  west,  calling  the  school- 
house  aforesaid  the  centre  of  said  four  miles  square,  and  who 
are  qualified  to  vote  for  members  of  the  General  Assembly, 
shall  be  entitled  to  vote  for  trustees;  and  a  majority  of  trus- 
tees shall  form  a  quorum  for  the  transaction  of  business;  and  Quorum. 
any  three  of  them  may  act  as  judges  and  clerks  of  the  elec- 
tion of  trustees,  and  may  make  such  regulations  in  regard  to 
conducting  the  election  of  trustees,  as  they  may  see  proper 
from  time  to  time. 

Sec  5.     The  trustees  of  said  incorporation  shall  have  au- 
thority from  time  to  time  to  prescribe  and  regulate  the  studies  Studies  to  be 
to  be  pursued  in  said  school,  to  fix  the  rates  of  tuition,  and  Pursued 
any  other  academical  expenses,  to  appoint  instructors  and  such 
other  officers   and  agents  as  may  be    necessary  in   manag- 
ing the  affairs  of  said  school,  to  define  their  duties,  to  fix 
their    compensation,  and  to  displace  and  remove    them  at  Officers  may 
pleasure,  to  erect  any  necessary  buildings,  to  purchase  books,  be  removed 
apparatus,  and  other  suitable  means  of  instruction,  and  gen- 
erally to  do  such  acts,  from  time  to  time,  as  they  may  deem 
necessary  to  promote  the  objects  of  this  act. 

Sec.  6.  It  shall  be  the  duty  of  said  trustees  to  appoint  a 
treasurer  who  shall  also  act  as  clerk  of  said  incorporation, and 
require  the  treasurer  to  give  bond,  with  good  and  sufficient  Treasurer  to 
security,  in  such  penal  sum  as  they  may  deem  proper,  condi-  glve  ° 
tioned  that  he  shall  faithfully  perform  the  duties  of  his  office, 
and  comply  with  such  duties  as  the  by-laws  of  said  corpora- 
tion shall  require  of  him,  from  time  to  time. 

Sec  7.     The  said  school  shall    be  open  to  all  classes  of  School  open 
people  and  denominations  of  christians,  and  the  profession  of t0  allclasses 
any  particular  religious  faith  shall  not  be  necessary  of  those 
who  become   students.     All  persons,  however,  may  be   sus- 
pended or  expelled  from  said  school  by  the  trustees  thereof, 
whose  habits  arc  idle  or  vicious. 

Sec  8.     The  real  estate  owned  by  said  corporation,  at  any  Real  estate 
one  time,  shall  not  exceed  three  hundred  acres,  nor  shall  this  ownetl 
act  be  so  construed  so  as  to  prevent  said  school  from  receiv- 
ing its  just  proportion  from   the  township  and  State  fund,  as 


56 


LAWS  OF  ILLINOIS. 


Executors  of 
Ifamilton 


other  schools  do:  and  said  trustees  shall  perform  the  same 
duties  in  regard  to  said  school,  for  the  purpose  of  obtaining 
their  proportion  of  said  school  fund,  as  is  or  may  be  requir- 
ed of  trustees  of  schools  in  other  townships. 

Sec.  9.  Three  trustees  of  said  school  shall  have  full  pow- 
er and  authority  to  call  on  the  executors,  or  executor  of  said 
Silas  Hamilton,  or  their  legal  representatives,  for  a  settlement 
of  their  acts  in  regard  to  said  donation,  and  it  shall  be  the 
duty  of  the  trustees  of  said  school  to  see  that  the  donation 
of  the  said  Silas  Hamilton  is  faithfully  applied  to  the  objects 
of  the  donor. 

Sec.  10.  This  act  shall  take  effect  from  and  after  its  pas- 
sage, any  law  to  the  contrary  notwithstanding. 

Approved,  February  1,  1840. 


In  force,       AN  ACT  to  authorize  Sherland  Rose  and  Andrew  C.  Swan  to  build  a  toll 
Feb.  1, 1840 .  bridge  across  Fever  river,  at  Galena,  in  the  county  of  Jo  Daviess. 


Persons   au- 
thorized to 
build  toll 
bridge 


Proviso 


Commence- 
ment &  com' 
pletion  of 
bridare 


Toll  gates 
Rates  of  toll 


May  hold  real 
estate 


Sec  1.  Beit  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Sherland  Rose  and 
Andrew  C.  Swan,  and  their  associates,  and  successors,  are 
hereby  authorized  to  build  a  loll  bridge  across  Fever  river,  at 
such  point  as  they  may  determine,  not  exceeding  in  distance 
three  hundred  and  fifty  rods  from  the  ferry  now  kept  for 
crossing  said  river  at  Galena:  Provided,  That  the  erection  of 
said  bridge  shall  not  conflict  with  any  rights  heretofore  grant- 
ed to  any  person  or  persons:  And  provided  further,  That  the 
said  bridge  shall  be  so  constructed  as  not  to  obstruct  the 
navigation  of  said  river. 

Sec.  2.  Said  Ros?  and  Swan,  and  their  associates,  or  suc- 
cessors, shall  commence  the  erection  of  said  bridge,  within 
two  years  from  the  passage  of  this  act,  and  complete  the  same 
within  three  years. 

Sec  3.  When  the  said  bridge  shall  be  completed,  the  pro- 
prietors thereof  shall  have  the  right  to  erect  thereon  the 
usual  gates  or  barriers,  and  demand  and  receive  from  all  per- 
sons crossing  the  same  the  following  rates  of  toll,  viz:  For 
each  footman  6i  cent,c;  for  a  man  and  horse  12|  cents;  foreach 
wagon  or  other  vehicle  drawn  by  two  horses,  or  one  yoke  of 
oxen  37~2-  cents;  for  each  additional  pair  of  horses,  or  yoke  of 
oxen  25  cents;  for  each  vehicle  drawn  by  one  horse  Ibf  cents; 
for  each  loose  or  lead  horse,  mule,  ass,  or  Jennie,  6icents  for 
each;  for  each  head  of  cattle  2  cents;  for  each  head  of  hogs, 
goats  or  sheep  1  cent. 

Sec  4.  The  said  Rose  and  Swan,  their  associates,  and 
assigns,  are  hereby  authorized  to  purchase  and  hold  such  real 
estate  not  exceeding  fifty  acres,  as  may  be  necessary  for  the 
objects  herein  contemplated,  and    they   shall   have  power  to 


LAWS  OF  ILLINOIS.  57 

employ  such  clerks,  toll  gatherers    and  helps,  as  they  may  Officers 
deem  necessary,  and  require,  and  take  bonds  for  the  faithful 
performance  of  the  duties  assigned  them. 

Sec.  5.  The  proprietors  of  said  bridge  shall  at  all  times  af- 
ter the  same  is  erected,  afford  a  safe  and  speedy  passage  to  Duties 
all  persons  and  their  property,  on   payment  of,  or  tender  of 
the   tolls,  as   herein    provided;  and   if  the  said  bridge  at  any 
one  time  be  out  of  repair,  for  ten  days  together,  the  proprie- 
tors shall  forfeit  and  pay  a  line  often  dollars,  and  a  like  sum  Forfeitures 
for  every  five  days  thereafter,  that  the  said   bridge  shall  re- 
main out  of  repair,  to  be  recovered  by  action  of  debt,  before 
any  justice  of  the  peace,  of  Jo  Daviess  count) ,  one  half  to  be 
paid  to  the  person  suing  for  the  same,  and  the  other  half  to 
be  paid  into  the  county  treasury:  Provided,  that  if  reasonable  Proviso, 
exertions  are  made  to  repair  the  same,  no  liability  shall  be 
incurred  by  reason  of  said  bridge  being  out  of  repair. 

Sec  6.  The   county  commissioners'  court  of  Jo  Daviess 
county  may,  at  any  time  after  the  expiration  of  three  years, 
irom  the   completion   of  said  bridge,  purchase  the  same  by  County  court 
p?.ying  the  original  cost  thereof,  and  ten  per  cent,  thereon;  maJ  purchase 
and  to  enable   the  county  commissioners'  court  to  ascertain       § 
the  cost  of  said  bridge,itis  hereby  made  the  duty  of  the  said  pro- Cost  of  bridge 
prietors  to  keep  an  accurate  account  of  the   cost  of  con- 
structing said  bridge,  and  make  affidavit  thereto,  and  file  the 
same  with  the  clerk  of  the  county  commissioners'  court. 

Sec.  7.  This  act  to  be  and  remain  in  force  for  and  during 
the  term  of  twenty  years  from  and   after  its  nasrage,  and  be  Term  of  act 
subject  to  be  taxed  by  the  county  commissioners'  court,  as  in  Bridge  may 
other  cases  of  toll  bridges  and  ferries,  as  now  is  or  hereafter  be  taxed 
may  be  provided  by  law. 

Approved,  February  1,  1840. 


AN  ACT  to  incorporate  the  Kaskaskia  Beet  Sugar  Manufacturing  Com-       jn  force 

pany  and  Randolph  Silk  Manufacturing  Company.  Feb.  1   1840, 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the    General  Assembly,  That  John  D.  Owings,  . 
David   Hailman,  James  M.  Wheeler,  S.  H.  Cander,  Miles  A.  Body  corpo- 
Gilbert  and  William  Brewster,  and  their  associates,  successors  rate 
and  assigns,   be,  and  they  are  hereby  declared  to  be  a  body 
corporate  and  politic  for  the  term  of  twenty  years,  from  and 
after  the   passage  of  this  act,  by  the  name  and  style,   of  the 
"Kaskaskia  Beet  Sugar  Manufacturing  Company,"  and  by  that  Name  and 
name   and  title  shall  be  capable  of  suing  and  being  sued,  of  style 
pleading  and  being  impleaded,  of  contracting  and  being  con- 
tracted with,  of  defending  and  being  defended  in  all  courts  and  Powers 
places  whatsoever,  and  may  have  and  use  a  common  ?eal,  the 
same  to  alter  and  renew  at  pleasure. 


58  LAWS  OF  ILLINOIS. 

Sec.  2.  The  capital  stock  of  said  company  shall  be  one  hun- 
Capital  stock  dred  thousand  dollars,  with  the  power  of  increasing  the  same 
from  time  to  time,  as  a  majority  of  the  stockholders  may  deem 
proper,  to  any  amount,  not  exceeding  in  the  whole  the  |sum 
of  three  hundred  thousand  dollars,  divided  into  shares  of  twen- 
ty dollars  each,  and  each  share  shall  be  entitled  to  one  vote. 

Sec  3.  The  said  company  shall  have  power  to  enter  into 
and  carry  on  the  cultivation  of  beet  and  other  saccharine  vege- 
tables, and  manufacture  sugar  therefrom,  and  export  their  pro- 
ducts and  manufactures  to  erect  mills,  works,  machinery,  and 
such  other  buildings  as  may  be  necessary  for  the  manufacture 
of  sugar;  to  purchase,  hold  and  convey  any  property,  real,  per- 
sonal, or  mixed,  in  the  county  of  Randolph,  which  may  be  ne- 
cessary to  enable  the  said  company,  properly  to  carry  out  the 
Proviso  expressed  objects  for  which  they  were  incorporated:  Provid- 

ed, That  the  quantity  of  real  estate  to  be  held  by  said  com- 
»        pany  shall  not  exceed  six  hundred  and  forty  acres. 

Sec.  4.  The  business  and  affairs  of  said  company  or  the 
Management  corporation  hereby  created,  shall  be  managed  and  governed  by 
of  company  not  less  than  three,  nor  more  than  five  directors,  as  the  stock- 
holders,  at  their  annual  meetings,  shall  from  time  to  lime  de- 
Directors  to  clare.  One  of  the  directors  shall  be  elected  president  of  the 
be  chosen       board,  who  shall  also  be  elected  president  of  the  company. 

Sec.  5.  The  president  and  directors  of  said  company  Or  a 
Treasurer       majority  of  them,  'may  elect  a  treasurer,  secretary  and  such 
other  officers  as  they  may  deem  necessary  to  carry  into  effect, 
the    objects    and    intent   of    this  act;    may   make,  execute 
and  adopt  such  by-laws,  rules,  regulations  and  ordinances  as 
Proviso.         they  may  think  proper:   Provided,  said  by-laws  are  not  incon- 
sistent with  the  laws  of  this  State  or  of  the  United  States. 
Stock  deem'd     Sec  6.  The  shares  in  said  company  shall  be  deemed  per- 
personal         sonal  property,  and  shall  be  transferrable  in  such  manner  as 
shall  be  prescribed  by  the  by-laws  of  said  company;  any  two 
of  the  individuals    named  in    the  first  section    of  this   act, 
are   hereby   authorized   to  open  books   for  the   subscription 
Subscription   of  said  stock  in  the  town  of  Kaskaskia  at  such  place  as  may 
to  stock          ke  appointed,  by  giving  not  less  than  five  days  notice  of  the 
time  and  place  of  such  meeting  in  some  newspaper  in  the  coun- 
ty of  Randolph,  or  by  said  notice  being  stuck  up  on  the  court 
house  door  of  said  county. 

Sec  7.    This    act   shall    be   deemed  a  public   act   in  all 
courts  and  places  whatsoever,  and  shall  be  in  force  from  and 
after  its  passage. 
Randolph  silk      Sec  8.  That  Miles  A.  Gilbert,  James  M.  Wheeler,  John 
company        p  Qwings,  William  Brewster,  and  such  other  persons  as  shall 
become  stockholders  pursuant  to  this  section,  shall  be  and  they 
are  hereby  declared  to  be  r„  body  corporate  and  politic,  by  the 
|  name  and  style  of  the  "Randolph  Silk  Manufacturing  Com- 

pany," and  by  that  name,  they  and  their  successors  shall  have 
succession  for  the  term  of  twenty  years,  with  the  power  to 
Powers.  sue  and  be  sued,  plead  and  be  impleaded,  defend  a::  J  be  de- 


LAWS  OF  ILLINOIS.  59 

fended,  in  all  courts  and  places  whatsoever;  to  make,  have  and 
use  a  common  seal,  the  same  to  alter  and  renew  at  pleasure,  to 
contract  and  be  contracted  with  in  all  matters  and  things  re- 
lating to  their  corporate  powers  or  duties  as  fully  and  effectu- 
ally as  a  natural  person:  to  purchase,  hold  and  convey  real 
estate,  personal  or  mixed,  to  cultivate  the  different  varie- 
ties of  the  mulberry,  to  manufacture  silk  therefrom;  also,  to 
manufacture  all  kinds  of  cloths,  whether  made  of  silk,  flax,  or 
wool,  and  to  export  the  same;  to  erect  cocoonries,  machinery, 
mills,  and  such  other  buildings  as  may  be  necessary  to  carry 
into  effect  the  objects  and  meaning  of  this  act. 

Sec.  9.  This  company  or  corporation  shall  have  the  same 
amount  of  capital,  perform  all  the  duties,  and  be  governed  by  Capital  stock 
all  the  restrictions  and  limitations  contained  in  the  second, 
third,  fourth,  fifth,  sixth  and  seventh  sections  of  this  act,  so  far 
as  they  can  be  made  applicable  to  the  "Randolph  Silk  Manu-  Section  made 
facturing  Company."     The  corporate  existence  of  the  saidappica 
"Randolph  Silk  Manufacturing  Company"  shall  cease  at  the 
expiration  of  twenty  years  from  the  passage  of  this  act. 

Approved,  February  1,  1840. 


AN  ACT  to  relocate  part  of  a  State^road  therein  named.  In  force. 

Feb.  1 .  1840. 
Sec.   1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Hugh  Ferguson, 
George   A.  Charles,  and  John  Coleman,  be,  and  they  are 
hereby  appointed  commissioners    to  review,  mark,  and   re- Commission- 
locate  that  part  of  the  State  road  leading  from  Knoxville  in  ersl°  relocate 

o  roifi 

Knox  county,  via  Charleston,  to  Peoria,  in  Peoria  coun- 
ty, commencing  at  the  east  end  of  Main  street,  in  the  town 
of  Knoxville,  running  thence  due  east  to  the  township  line 
between  ranges  two  and  three,  east,  thence  north  on  said  Route 
line  to  the  centre  of  section  thirty,  in  township  eleven,  north 
of  range  three  east,  and  from  thence  due  east  till  it  shall  in- 
tersect the  original  survey  of  said  road. 

Sec.  2.     Said  commissioners  shall  meet  in  Knoxville,  on  -piine  &    ]ace 
or  before   the  first  day  of  June  next,  or  within  six  months  of  meeting 
thereafter,  and  after  being  duly  sworn  before  some  justice  of 
the  peace,  impartially  to  view  and  relocate   the  same,  shall, 
within  fifteen  days  after  the  relocation  of  said  road,  cause  a 
true  survey  and  map  of  the  same  to  be  lodged  with  the  clerk  Survey  &map 
of  the  county    commissioners'   court  of  Knox  county;  said  of  road 
road,  when  relocated,  shall   be  deemed  a  public  high-way, 
and  opened  and  kept  in  repair  as  other  State  roads  are. 

Sec  3.     The  county  commissioners'  court  shall  allow  the 
said  commissioners  a  reasonable  compensation  for  their  ser-  Compensate 
vices. 

Approved,  February  1,  1840. 


60  LAWS  OF  ILLINOIS. 

In  force,     AN  ACT  to  legalize  the  acts  of  certain  officers  of  Henry  county,  and  for 
Feb  1,  1840.  other  purposes. 

Preamble  Whereas  it  appears  by  a  memorial  of  the  county  commission- 
ers'court  of  Henry  county,  that  during  the  month  of  May, 
1839,  the  public  buildings  erected  at  the  town  of  Richmond, 
the  county  seat  of  said  county,  were  entirely  destroyed  by 
fire,  and  there  is  now  only  a  temporary  building,  entirely 
insufficient  for  the  accommodation  of  the  circuit  and  county 
commissioners'  courts:  And  whereas,  a  convention  of  the 
citizens  of  said  county  was  held  at  Geneseo,  in  said  county, 
on  the  ninth  day  of  July,  1S39,  it  was  voted,  that  it  is  expe- 
dient to  have  the  county  seat  removed  from  its  present  lo- 
cation, and  also  that  the  county  commissioners'  be  author- 
ized to  remove  their  place  of  holding  courts,  to  some  place 
within  the  county,  where  they  could  be  comfortably  ac- 
commodated, until  suitable  buildings  could  be  erected  at 
the  county  seat:  And  whereas,  according  to  the  expressed 
wish  of  the  people  of  the  county,  and  lor  the  reasons  fore- 
going, the  county  commissioners'  courts  have,  since  the  last 
mentioned  period,  been  held  at  the  village  of  Geneseo,  the 
nearest  settlement  to  the  county  seat — Therefore, 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
Acts  of  coun-  represented  in  the  General  Assembly,  That  the  official  acts  of 
ty  commis-  ^e  county  commissioners'  court  of  Henry  county  be  and  the 
ized'  same  are  hereby  legalized,  and  shall,  to  all  intents  and  pur- 

poses, be  considered  as  valid  as  if  transacted  at  the   county 
seat  of  said  county. 

Sec.  2.  The  county  commissioners'  court,  and  likewise 
the  circuit  court  of  said  county,  are  authorized  and  required 
to  hold  their  respective  terms  of  courts  at  the  said  village  of 
Courts  to  be  Geneseo,  until  suitable  buildings  for  the  transaction  of  busi- 
held  atGene-ness  s\V(i\\  be  erected  at  the  county  seat  now  established,  or 
hereafter  to  be  established,  by  law,  in  said  county;  and  all 
their  official  acts  and  business  transacted  at  the  said  village  of 
Geneseo,  shall  be  as  valid  as  if  transacted  at  Richmond,  the 
present  county  seat  of  said  county. 

Sec.  3.  All  the  official  acts  of  the  public  officers  of  said 
All  acts  of  co.  county,  which  by  law  were  required  to  be  transacted  at  the 
officers  legal- county  seat  thereof,  and  which  have  been  transacted  at  Ihe 
said  village  of  Geneseo,  or  at  any  other  place  in  said  county, 
which  have  been  transacted  according  to  law,  excepting  that 
they  have  not  been  transacted  at  the  place  required  by  law, 
are  hereby  rendered  equally  as  valid  as  if  transacted  at  the 
county  seat  of  said  county.  The  several  public  officers  of 
said  county  are  hereby  authorized  and  permitted  to  reside  at 
their  respective  places  of  residence,  for  the  term  of  one  year 
from  the  first  day  of  January,  1840,  and  until  suitable  buil- 
dings for  the  transaction  of  the  official  business  shall  be  pro- 
vided at  the  county  seat  now  established  or  hereafter  to  be 
established  by  law,  in  said  county. 


LAWS  OF  ILLINOIS,  61 

Sec.  4.  That  Alexander  Turn  bull,  of  Warren  county,  Milsey 
[Miles]  W.  Conway,  of  Rock  Island  county,  and  Harmon 
Brown  of  Knox  County,  be,  and  they  are  hereby  appointed  Commission- 
commissioners  to  re-locate  and  re-establish  the  seat  of  justice  ers  to  relocate 
of  Henry  county,  and  give  it  a  name;  said  commissioners, county  seat 
or  a  majority  of  them,  shall  meetat  the  town  of  Geneseo,insaid  Time  &  place 
county;  who  after  being  first  duly  sworn  before  some  justice  of  oi  meetinS 
the  peace  of  said  county,  faithfully  to  locate  the  seat  of  jus- 
tice thereof,  without  partiality,  favor,  or  affection,  taking  into 
consideration  the  present,  and  prospect  of  future  population, 
shall  proceed  accordingly  to  fix  upon  a  place  for  the  perma- 
nent seat  of  justice  of  said  county. 

Sec.  5.     When  said  commissioners,  or  a  majority  of  them, 
shali  have  agreed  upon  a  place  for  the  scat  aforesaid,  thcv 
shall  make  a  report  in  writing,  under  their,  hands  and  seals,  Kep,  in .-wrifg 
describing-  the  quarter,  or  fractional  quarter  section,  town- t0  be  ma     ,to 

^  .  ■*  '  county  com  rs 

ship,  and  range,  upon  which  they  have  located  the  same,  to-  court 
gether  with  the  name  they  may  have  given  it,  to  the  county 
commissioners'  court  of  said  county  of  Henry ,who  shall  at  the 
next  term  of  said  court  thereafter,  cause  the  said  report  to  be 
entered  on  the  records  of  said  court;  and  the  place  so  select- 
ed by  said  commissioners,  or  a  majority  of  them,  shall  re- 
main the  permanent  scat  of  justice  of  Henry  county,  and  shall 
be  known  and  called  by  such  name  as  may  be  given  to  it  by 
said  commissioners. 

Sec  6.     The  county  commissioners'  court  of  said  county 
shall  allow  said  commissioners  such  reasonable  compensation  Compensate 

per  day  for  their  services  as  thev  may  deem  iust,  out  of  the  of  .com'rs  lo- 
1  e      .j  .  J  eating;  co.seat 

county  treasury  or  said  county.  & 

Sec.  7.     Should  said  commisioners  locate  said  seat  of  jus- 
tice on  land    belonging  to  an  individual  or  individuals,  they 
shall  ask  and  obtain  a  donation  of  any  number  of  acres  not  Donations  for 
less  than  forty,  and  also  select  and  describe  said  donation  in  county  seat 
their  repor,t  with  reasonable  certainty,  by  metes  and  bounds: 
Provided,  That  should   the  proprietor  or  proprietors  neglect  Proviso 
or  refuse  to  make  the  donation  herein  provided  for,  the  said 
commissioners   shall   then   be   required  to  locate  said  seat  of 
justice  on  the  nearest   eligible   situation  on  public  land;  and 
it  shall  be  the  duty  of  said  commissioners,  previous  to  locating 
laid  seaf.  of  justice  on   the  land  belonging  to  any  individual  Land  to  be 
or  individuals,  to  take  a  deed  in  fee  simple  to  said  county  of  deeded  .to  co- 
Henry,  for  such  land   as  may  be  donated  as  aforesaid:  And  simp]e 
"provided fur  thev,  That  if  the  said  commissioners  shall  locate  said  Further  pro- 
seat  ol  justice  on  the  public  land,   the  county  commissioners'  viso 
court  shall  be,  and  they  are  hereby  authorized  and  required 
to  purchase  any  quantity  of  land  not  exceeding  one  hundred 
and  sixty  acres  including  said  town  site,  in  the  name  and  for 
the  use  of  said  county  of  Henry;   which  land,  or  such  part 
thereol  as  the  county   commissioners'  court  may  order  and 
direct,  shall  be  laid  off  into  town  lots,  in  such  manner,  and 
sold   for  the  use  and  benefit  of  said   county,  at  such  time 


62  LAWS  OF  ILLINOIS. 

and  place  as  the  county  commissioners'  court  thereof  may  or- 
Proviso.  der  aQd  direct:  Provided,  however-.  That  so  much  of  the  pro- 

ceeds of  the  sale  of  said  lots  as  may  be  required  to  erect  pub- 
lic buildings  for  the  use  of  said  county,  shall  be  applied  exclu- 
Further    pro-  sively  for  that  purpose:  Provided,  further,  That  nothing  in 
viso.  this  act  shaU  be  so  construed  as  to  authorize  the  commission- 

ers appointed  under  this  act  to  locate  the  county  seat  of 
said  county  of  Henry,  on  the  lands  of  any  individual  or  indi- 
viduals, unless  it  be  ascertained  first,  by  said  commissioners, 
that  no  suitable  location  can  be  made  on  public  land. 

Sec  8.     That  if  the  commissioners  appointed  under  this 

act  shall  deem  it  to  the  interest  of  said  county  to  locate  the 

seat  of  justice  of  said  county,  within  the  limits  of  any  town 

County  seat    plat  owned  by  any  individual  or  individuals,  they  shall  be  au- 

may  be  locat- thorized  to  receive  donations  of  lots  in  such  town,  or  other 

ed  on  town     reaj  estate  donated:  Provided,  That  the  value  of  such  town  lots 

or  other  real  estate  donated,  according  to  the  provisions  of 

the  foregoing   section,  shall  not  be  of  less  value  than   two 

thousand  dollars. 

Sec.  9.     The  commissioners  appointed  underathis  act  shall 
meet  at  the  place  designated  in  the  fourth  section  of  this  act, 
Hii^ioners    "  on  the  first  day  of  June  next,  or  within  six  months  thereafter, 
meeting  and  proceed  to  the  discharge  of  their  duties. 

Approved,  February  1,  1840. 


In  force        AI^  ACT  to  locate  the  county  seat  of  Stark,  and  to  extend  the  limits  of 
Feb.  1,1840.  said  county. 

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

represented  in  the  General  Assembly,  That  Cyrus  Walker,  of 

McDonough  county,  D.  G.  Salsbury  of  Bureau  county,  and 

William  Fenn,  of  Marshall   county,  are   hereby  appointed 

Com'rs  to  lo-  commissioners  to  locate  the  seat  of  justice  in  and  for  the 

cate  co.  seat  county  of  Stark.     Said  commissioners,  or  a  majority  of  them, 

of  Stark         shrtll  meet  at  the  house  of  Wm.  H.  Henderson,  in  said  county, 

Time  & _ place  on  ^     grst  Monday  ill   April  next,  or  as  soon  thereafter  as 
of  meeting  ,  , J       .      , r    r,         ,     .         .    .  . 

may  be  convenient.     And  after  being  duly  sworn  by    some 

justice  of  the  peace  of  said  county,  faithfully  to  perform  the 
duties  required  cf  them  by  this  act,  shall  proceed  to  locate 
the  county  seat  of  said  county,  having  due  regard  to  the  pre- 
sent and  future  population  of  said  county,  the  eligibility  of 
the  site,  and  the  general  good  of  the  whole  people  of  said 
county,  as  near  the  geographical  centre  of  said  county  as 
may  be  agreeable  to  the  provisions  of  this  act. 

Sec  2.     Said   commissioners  shall,  by  donation  or  pur- 
chase, procure  a  clear  and  indefeasible  title,  with  general 
„,.  warranty  deed,  to  at  least  forty  acres  of  land,  upon  which 

to  lands  the  pub]ic  buildings  shall  be  erected,  and  said  county  seat  lo- 


LAWS  OF  ILLINOIS.  63 

cated.  Said  deed  shall  be  made  to  and  in  the  name  of  the 
county  commissioners  of  Stark  county,  and  their  successors 
in  office,  for  the  use  and  benefit  of  said  county  of  Stark. \ 

Sec.  3.     It  shall  be  the  duty  of  the  county  commissioners 
aforesaid,  immediately  after  said  county  seat  shall  be  located, 
to  cause  to  be  surveyed  into  lots,  upon  such  plan  as  may  be 
agreed  on  by  them,  the  lands  upon  which  the  location  has]a'id  off  jnto 
been  made;  to  proceed  to  advertise  and  sell  the  same,  at  such  lots  and  sold 
time  and  on  such  terms  as  they  may  deem  most  advisable  for 
the  good  of  the  county;  and  the  proceeds  of  said  sale,  or  so 
much  thereof  as  may  jbe  sufficient,  shall  be  faithfully  applied 
to  the  erection  of  a  court-house   and  jail  for  said  county  of  Public  build- 
Stark.  inSs 

Sec  4.  The  county  commissioners'  court  of  the  county  of 
Stark   shall  appropriate,  out  of  the  county  treasury,  the  sum 
of  three  dollars  per  day  to  each  of  the  commissioners  for  thepay  0f  com. 
number  of  days  they  may  be  employed  in  locating  the  coun-missioners 
ty  seat  and  travelling  to  and  from  the  county  aforesaid. 

Sec  5.     That  all  that  part  of  Henry  county  within  the  part  of  Hen_ 
following  boundary,  shall  be  attached  to  and  form  a  part  ofry  attached  to 
the  county  of  Stark,  to  wit:  Beginning  at  the  South  east  cor-  S^k,  condi- 
ner  of  the  corner  of  Henry,  running  north  with  the  line  di-tl0na  3 
viding  ranges  five  and  six,  to  the  northeast  corner  of  section 
twenty-four,  in  township  fifteen  north,  of  range  five  east,  of 
the  fourth  principal  meridian,  thence  west  with|the  sectional 
lines  to  the  northwest  corner  of  section  twenty-two,  in  range 
four,  east;  thence  along  the  section  twenty -two  in  range  four 
east,  thence  south  along  the   sectional  line,  dividing  town- 
ships thirteen  and  fourteen  north,  thence  east  with  said  line  to 
the  beginning,  it  being  nine  miles  t?quare,  out  of  the  south 
east  corner  of  said  county:  Provided,  That  an  election  shall proviso 
be  held  in  said  county  of  Henry,  at  the  usual  places  of  hol- 
ding elections,  on  the  first  Monday  of  March  next,  to  vote  for  Time  0f  dec- 
or against  a  division  of  said  county;  and  if  it  shall  appear  that  tion  for  divi- 
a  majority  of  the  legal  voters  of  said  county  of  Henry,  are  insion 
favor  of  the  territory  above  described,  being  attached  to,  and 
hereafter  forming  a  part  of,  the  county  of  Stark,  it  shall  be 
considered  a  part  of  said  county  of  Stark;  but  if  a  majority  of 
the  legal  voters  of  said  county   of  Henry    are    opposed   to 
the   division  of  said    county,   then  the   territory    described 
in  the  foregoing  part  of  this  section  shall  remain  and  conti- 
nue a  part  of  Henry  county.     The  election  shall  be  conduct- 
ed, notice  given,  and  returns  made,  in  the  same  manner  as 
now  required  by  law  for  all  special  or  general  elections. 

And  it  is  further  provided,  That  should  the  vote  of  Henry  proviso 
county  be  against  attaching  the  nine  miles  square  to  the 
county  of  Stark,  then  the  county  seat  of  Stark  shall  not  be  Where  co"n- 
located,  and  this  act  shall  be  considered  void  and  of  no  effect.  Sot^loc^ted 
Approved,  February  1,  1840. 


64  LAWS  OF  ILLINOIS. 

In  force,      AN  ACT  to  establish  a  State  road  from  Petersburgh  in  Menard  county,  to 
Feb.  1,1840.  Waverly  in  Morgan  county. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  John  B.  Broadwell, 
Franklin  Minor  and  Achilles  Morris,  be,  and  they  are  here- 
Com'rs  to  lo-by  appointed  Commissioners,  to  view,  make  and  locate  a 
cats  road  State  road  from  Petersburgh,  in  Menard  county  by  way  of 
i  -ation  of  J°nn  B.  Broad  well,  Berlin,  New  Berlin,  and  the  rail  road  de- 
road  pot  in  Sangamon  county,  to  Waverly,  in  Morgan  county. 

Sec.  2.  That  said  Commissioners  or  a   majority  of  them 

„.      .    ,      shall  meet  at  Petersburgh  on  the  first  Monday  of  March  next, 
Time  &  place  .  .  ,  .       .      &    ,  .  „  j     .  ■ ,  ,    .         .      ' 

of  meetin-      or  any  ^ime  within  sixty  days  thereafter,  and  alter  being  duly 

sworn,  shall  proceed  to  locate  said  road,  avoiding  as  much  as 
possible  all  injury  to  private  property. 
Separate  re-        Sec.  3.  That  said  Commissioners  shall  make  out  a  separate 
port  report  of  so  much  of  the  location  of  said  road  as  lies  in  each 

of  said  counties,  and  file  the  same  with  the  Clerk  of  the  coun- 
ty Commissioners'  Court  of  the  proper  county. 

Sec  4.  That  said  Commissioners  shall  have  such  compen- 
sation out  of  the  Treasuries  of  said  counties  as  shall  be  just 
Pay  of  com'rs  and  reasonable,  each  county  to  pay  in  proportion  to  the  dis- 
tance the  road  may  run  in  said  county. 

Sec  5.  That  John  L.  Ewing,  of  Schuyler  county,  is  here- 
by appointed  in  lieu  of  Edward  Doyle,  one  of  the  Commis- 
Com'rs  to  lo-sioners,  for  the  purposes  mentioned  in  an  act  entitled  "An  act 
cate  road  in  iQ  locate  a  State  road  from  Mount  Sterling  in  Brown  county 
uy  er  co    tQ  JYjount  carmej  in  McUonough  county;"  approved  February 
22,  1839. 
Time  extend-      Sec  6.  The  time  mentioned  in  the  second  section  of  said 
ccl  act  for  the  Commissioners  to  meet  and  perform  the  duties  re- 

quired of  them  in  said  act  shall  be  extended  to  one  year,  from 
and  after  the  passage  of  this  act. 
Approved,  February  1,  1840. 


In  force        -^-N  ACT  to  amend  "An  act  concerning  Justices  of  the  Feace  and  Consta- 
Feb .  1    1840 .  blee,"  approved  February  3,  1827. 

Sec.   1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented   in  the  General  Assembly,  That  so  much    of  the 
Sec.  28  of  act  twenty-eighth  section  of  an  act,  entitled  "An  act  concerning 
repealed         Justices  of  the  Peace  and  Constables,"  approved  February  3, 
1827,  as  requires  Clerks  of  the  Circuit  Courts  to  affix  a  certifi- 
cate of  magistry  to  an  execution  issued  to  another  county  is 
hereby  repealed;  and  hereafter  such  certificate  shall  be  affixed 
by  Clerks  of  the  County  Commissioners'  Courts,  respectively. 
Approved,  February  1,  1840. 


LAWS  OF  ILLINOIS.  65 

AN  ACT  to  amend  an  act  regulating  the  publication  and  distribution  of  In  force,  29th 
the  laws  and  journals  of  the  General  Assembly .  Jan.  1840. 

Sec.  1.  Be  it   enacted  by  the  People  of  the  State  of  Illinois,  Recorders  & 
represented  in  the  General  Assembly,  That  recorders  and  school  Sc,ll0,°l    cora- 
commissioners  of  the  counties  shall  be  entitled  to  one  copy  entjt]e(i  t0 
of  the  laws  of  this  State,  in  all  future  distributions  of  the  same,  laws 

Approved,  January  29,  1840. 


AN  ACT  in  relation  to  the  court  house  in  the  county  of  La  Salle.        Jn  force   29th 

Jan. 1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  county  com- Care  of  co- 
missioners  of  the   county  of  La  Salle,  shall  have  the   care  °f  gaHeover    * 
the  court  room  in  said  county,  any  law  to  the  contrary  not-  court  room 
withstanding:  Provided,  said   commissioners  shall  have  said  Proviso 
room  kept  in  order  for  holding  courts,  at  any  time  that  it  may 
be  wanted  for  holding  courts,  or  other  public  purposes. 

Approved,  January  29,  1S40. 


AN  ACT  for  the  benefit  of  Stark  county.  jn  (orce  o,gth 

Jan. 1840. 

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

represented  in  the  General  Assembly,  That  the  county  of  Stark  Staf*-  co- entl" 
-  \         i  •  i    i    .      .i  f   '  Ti  r  ,i  i  tied  to  portion 

js  hereby  entitled  to  the  one-fourth  part  ol  the  money  here-  of  internal 

after  to  be  drawn  by  the  county  of  Putnam,  from  the  Internal  Improvement 

Improvement  fund;  the  other  three-fourths  to  be  adjusted  be-"10"^  Jrawn 

r         ,i  •     •  ,  c  Ai  j.-  rby  Putnam 

tween  the   county  commissioners    courts   or  the  counties  ot  county 

Putnam  and  Stark,  according  to  an  arrangement  entei'ed  into 

by  said  courts:  Provided,  said  money  shall  be  applied   to  the  Proviso 

purposes  for  which  it  was  originally  appropriated. 

Approved,  January  29,  1840. 


AN  ACT  to  change  the  name  of  the  town  of  "Victoria"  in   the  county  of      in  force 

White,  to  that  of  Philipstown.  Jan,  29,  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That    the  name  of  the  cnaam°  °d  fr^ 
town  of  "Victoria,"  in  the  county  of  White  and  State  of  Illi-  victoria  to 
nois,  be,  and  the  same  is  hereby,  changed  to  that  of  Philips-  Philipstown 
town,  and  by  that  name  it  shall  hereafter  be  known  and  dis- 
tinguished in  law. 

Sec.  2.  This  act  shall,  in  no  wise,  affect  the  title  to  the  real  Alteration 
estate  lying  and  being  within  the  plat  of  said  town.     This  act  5^53*  af" 
to  take  effect  and  be  in  force  fiom  and  after  its  passage.  real  Estate  in 

Approved,  January  29,  1840. 
5 


66  LAWS  OF  ILLINOIS. 

In  force,  29th  AN  ACT  for  the  appointment  of  an  additional  notary  public  in  the  town  of 
Jan.  1840.        Grafton,  in  Jersey  county,  and  Pittsfield  in  Pike  county, and  Charleston 
in  Coles  county. 

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

Additional  represented  in  the  General  Assembly,  That  the  Governor  shall 
Notary  Pub-  appoint,  by  and  with  the  advice  and  consent  of  the  Senate, 
licin  Grafton,  one  additional  notary  public,  in  the  town  of  Grafton  in  the 
ChaSon.nd  county  cf  Jersey,  and  Pittsfield  in  Pike  county,  and  Charles- 
ton in  Coles  county.  This  act  to  be  in  force  from  and  after 
its  passage. 

Approved,  January  29,  1840. 


In  force,  29th  _^N  ACT  to  relocate  parts  of  State  roadsin  Fayette  county. 

Jan. 1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Blinois, 
represented  in  the  General  Assembly,  That  Dudley  Mabry 
Comr's  to  re-  and  William  Paydon,  of  Fayette  county,  are  appointed  corn- 
locate  road  mjps}onerg  to  review  and  relocate  so  much  of  the  State  road, 
Direction  of  authorized  by  an  act  of  the  Legislature  of  1838  and  1839, 
road  leading  from  Joseph  Huey's  in  Clinton  county,  to  the  North- 

east corner  of  Fayette  county,  as  lies  between  the  said  Dud- 
ley Mabry's  along  on  said  road  to  near  the  hazle  mound;  thence, 
on  the  nearest  and  best  ground,  to  the  house  of  Isaac  Work- 
man; and  thence,  on  the  most  eligible  site  to  intersect  the 
aforesaid  State  road  in  the  post  oak  plats,  south  of  Stuart's 
mills,  in  Big  Creek,  in  the  said  county  of  Fayette. 
Time  and  Sec.  2.  That  said  commissioners,  or  either  of  them,  shall 

place  of  meet-  meet  at  tne  house  of  the  said  Dudley  Mabry,  whenever  it  shall 
in°  be  most  convenient  for  them  so  to  do,  within  ninety  days  from 

To  be  sworn   tne  passage  of  this  act;  and  after  being  duly  qualified  before 
some   person  authorized  to  administer  oaths,  impartially  to 
discharge  the  duties  enjoined  by  this  act,  shall  proceed  to  re- 
locate said  road,  as  provided  for  in  the  first  section  of  this  act. 
Comrs  of  ^ec  ^'  A^  li  1S  maa"e  the  duty  of  the  county  commission- 

Fayette  co.  to  ers'  court  of  Fayette  county,  to  cause  the  reviewed  and  relo- 
keep  road  o-  cated  part  of  said  State  road  to  be  opened  and  kept  in  repair 

pah-       m  18"as  otner  State  roads  are  required  t0  be;  anfl  sna11  also   aU°w, 

out    of  the  county  treasury,  a  reasonable   compensation  per 

Pay  of  comr's  day  to  said  commissioners,  for  the  time  actually  spent  in   the 

performance  of  the  duty  required  by  this  act. 

Com:'s  to  re-     Sec.  4.  That  John   Shirley  and  Andrew  J.  Hickerson  be, 

^w16  f°vl     ana-  tnev  are  hereby,  appointed  commissioners  to  relocate  that 

dalia°      *  "  part  of  the  State   road    leading  from  Vandalia  to  Carlyle,  as 

lies  between  the  said  town  of  Vandalia  and  William  Miles', 

on    the  said  Carlyle  road,  commencing  at  Vandalia;  thence, 

through  the  inlots  in  the  south-western  corner  of  said  town, 

Direction  of  to  Jeremiah  Evans'  old  place;  and  thence,  to  intersect  the 

road  State  road  leading  to  Carlyle,  near  the  said  William  Miles'. 


LAWS  OF  ILLINOIS.  67 

Said  commissioners  shall  meet  at  the  house  of  Aikins  Evans, Time  ancI 
on  some  day  within  ninety  from  the  passage  of  this  act,  thatPngCeo  meet* 
they  may  agree  upon,  and  after  being  duly  sworn  before  some 
person    authorized   to   administer   oaths,    shall  proceed    to 
perform  the  duty  herein  required  of  them. 

Sec.  5.  The  third  section  of  this  act  shall,  in  all  respects,  p     0fcomrig 
be  applicable   to  the   road  authorized   to   be  relocated  in  the 
foregoing  section,  as  well  as  to  the  compensation  of  the  com- 
missioners appointed  by  said  section. 

Approved,  January  29,  1840. 


AN  ACT  to  repeal  "An  act  incorporating  the  Northern  division  of  the        In  J°TC?i 

American  Bottom."  Jan-  21->  ib4U< 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  Act  repea]ed 
represented  in  the  General  Assembly,  That  the  "Act  incorpo- 
rating the  northern  division  of  the  American  Bottom,"  appro- 
ved, March  2d,  1839,  be,  and  the  same  is  hereby,  repealed. 

Approved,  January  27, 1840. 


AN  ACT  in  relation  to  Lusk  creek.  In   force, 

Jan.  29,  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Aseembly,  That  Lusk  Creek,  in  the  declared  nav- 
county  of  Pope,  is  hereby  declared  a  navigable  stream   fromigable 
the  mouth  thereof  up  to  John  Ritts'  mill;  and  all  laws  declar- 
ing said  creek  navigable  higher  up  than  Ritts'  mill,  are  here-  ^ws  rePea}> 
by  repealed. 

Approved,  January  29,  1840. 


AN  ACT  to  authorize  Allen   P.  Hubbard  to  build  a  mill  dam  across  jQ  force 

Fox  River-  Jan.  29,  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Allen  P.  Hubbard  Location  of 
and  his  associates,  heirs  and  assigns,  be,  and  they  are  hereby  mill-dam  on 
authorized  to  construct  and  build  a  mill  dam  across  Fox  river,  Foxnver 
on  sections  twenty-seven  and    twenty-eight,  township  thirty- 
nine  north,  range  eight  east  of  the  third  principal  meridian, 
in  the  county  of  Kane,    to  the  height  of  six  feet  above  low 
water  mark:    Provided,  Said  grant  shall   not  be  construed  so  Proviso 
as  to  prevent  the  State  from  improving  said  Fox  River  at  that 
place,  by  dams,  locks,  or  any  other  way,  at  any  time  hereafter, 
for  the  purpose  of  slackwater  navigation,  or  otherwise:  Pro- 
tided,  however,  That  said  dam  be  not  so  constructed  as  to  in- 
terrupt the  free  navigation  of  said  river. 


68  LAWS  OF  ILLINOIS. 

Style  &  plan      Sec.  2.  The  said  darn  shall  be   constructed  with  a  down 
of  dam  stream  slope  of  two  feet  horizontal  to  one  foot  perpendicular 

rise;  well  and  sufficiently  planked  over,  for  the  purpose  of  al- 
lowing a  safe  passage  to  the  descending  trade  of"  the  said  riv- 
er, and  during  the  continuance  of  said  dam,  said  slope  shall 
be  kept  in  good  repair. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  passage. 
Approved,  January  29, 1840. 


In  force,  AN  ACT  to  extend  the  time  for  the  location  of  State  Roads. 

Jan. 30,  1840. 

Sec.  1,  Be  it  enacted  by  the  People,  of  the  State  of  Illinois, 
Time  to  lo-  represented  in  the  General  Assembly,  That  Commissioners  ap- 
cate  roads  ex-  pointed  to  locate  State  Roads  by  any  law  of  the  last  session 
tended  to  De-  Qf  foe  Legislature  of  this  State,  and  who  have  failed  to  per- 
1840  '     form  said  duties,  are  hereby  authorized  to  perform  the  same 

at  any  time  previous  to  the  fir^fc  Monday  in  December  next. 
Approved,  January  30,  1840. 


Time  of  elec- 
tion 


In  force.       -^^  ACT  permanently  to  locate  the  seat  of  justice  of  the  county  of  DeKalb. 
Jan.  30,  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State   of  Illinois, 
represented  in  the  General  Assembly,  That  on  the  first  Monday 
in  August  next,  the  qualified  voters  of  the  county  of  De  Kalb, 
who  shall  have  resided  within  said  county  for  thirty  days  next 
Persons  qual-  preceding  the  day  of  election,  shall  vote  for  or  against  the  re- 
ified may  vote  moval  of  the  county  seat,  from  its  present  location;  and  if  it 
removtTfofco  sha^  appear  from  the  returns  of  the  said  election,  that  a  ma- 
seat  jority  of  all  the  votes  given  shall  be  in  favor  of  a  removal  of 
the  county  seat,  and  also,  that  a  majority  of  all  the  votes  giv- 
en shall  be  in  favor  of  any  other  place  within  said  county,  then 
said  county  seat  shall  be  removed,  and  the  place  receiving  the 
number  of  votes  required  by  this  act  shall  be,  and  forever  re- 
main, the  permanent  seat  of  justice  for  the  said  county  of  De 
Kalb. 

Sec  2.  If  a  majority  of  the  votes  given  shall  be  in  favor  of 

Second   elec-  a  removal  °f  the  county  seat,  and  no  other  place  shall  receive  a 

don  condi-     majority,  then  a  second  election  shall   be  held  on  the  third 

tional  Monday  of  the  said  month  of  August,  and  a  selection  shall  be 

made  from  the  two  places  receiving  the  highest  number  of 

votes  at  the  first  election. 

Sec.  3.  It  shall    be  the  duty  of  the  Clerk  of  the  County 
Notice  of  e-    Commissioners'  Court,  to  cause  notices  of  the  elections   con- 
clerk113  templaled   by  this  act,    to  be  posted  up  at  three  of  the  most 
public  places  within  each  Precinct,  at  least  twenty  days  pre- 
vious to  the  day  of  the  first  election,  and  ten  days  previous  to 
Duty  of  sher-£ne  secon(j  election,  and  the  Sheriff  of  the  said  county  of  De 
Kalb  shall  post  up  said  notices. 


LAWS  OF  ILLINOIS.  69 

Sec.  4.  The  judges  of  elections  within  the  several  precincts,  Duty  of  Jua"g- 
shall  cause  separate  columns  to  be  ruled  in  the  respective  poll  es  election 
books,  in  which  to  record  the  votes  given  for  and  against  the 
removal  of  the  county  seat  from  Coltonville,  also  columns  in 
which  to  record  the  votes  given  for  each  place,  and  the  re- 
turns of  said  election  shall  be  made,  and  the  votes  counted  in 
the  same  manner  that  is  required  by  the  laws  of  this  State 
regulating  elections. 

Sec.  5.  Donations  of  land  shall  be  received  at  least  twenty  Time  when 

days  previous  to  the  first  election  provided  for  by  this  act,  and  ^onatl°n  ™ay 

j     r  x  **  *  Qg  received 

any  person  or  persons  offering  donations  of  land,  shall  file  with 

the  Treasurer  of  said  county,  a  good  and  sufficient  bond,  with 
approved  security,  to  be  accepted  by  the  said  Treasurer,  bind- 
ing the  said  donor  or  donors,  to  execute  a  deed  of  general  ten- 
ure, to  thesaid  county  of  DeKalb,  for  any  quantity  of  land  not 
less  than  one  hundred  and  sixty  acres,  and  on  which  the  pub- 
lic buildings  shall  be  erected,  or  donate  to  the  county  of  De 
Kalb  three  thousand  dollars,  or  erect  within  eighteen  months 
from  and  after  the  passage  of  this  act,  a  court-house,  the  esti-  » 
mate  value  of  which  shall  be  at  least  three  thousand  dollars, 
and  to  be  accepted  by  the  County  Commissioners  of  said 
county,  and  no  place  shall  be  considered  as  eligible  for  the 
location  of  the  county  seat,  unless  the  provisions  of  this  sec- 
tion shall  be  fully  complied  with. 

Sec.  6.  It  shall  be  the  duty  of  the  County  Commissioners  Duty  0f  co. 
to  cause  special  entries  to  be  made  of  record,  of  the  result  of com  rs 
the  said  elections,  and  file  and  preserve  the  poll  books  for  in- 
spection; to  layoff  into  lots,  and  dispose  of  any  donation 
that  may  be  received,  to  the  best  advantage  for  the  interest  of 
the  county,  also  to  dispose  of  the  present  county  buildings  and 
other  property,  should  the  county  seat  be  removed;  the  pro- 
ceeds of  which  shall  be  applied  to  the  erection  of  public  build- 
ings which  shall  be  erected  without  unnecessary  delay. 

Sec  7.  In  case  the  seat  of  justice  shall  be  removed,  all  the 

books,  papers  and  records,   belonging,  or  appertaining  to  the  Papers,  books 

county  of  De  Kalb,  shall  be  removed  to  the  place  selected,  as  ^c;,of  De 

..,,!.,,.  .         ,       .       ,r        !,!<-,..    Kalb  county 

soon   as  suitable  buildings  can   be  obtained,  and  the  Circuit 

Court  of  the  said  county  shall  be  holden  at  such  place  as  may 
be  determined  by  the  Judge  presiding  in  the  ninth  Judicial 
Circuit,  on  the  first  day  of  the  term  thereof;  and  which  deter- 
mination or  decision  of  the  said  Judge,  shall  prevent  a  dismis-  . 
sal  or  discontinuance  of  any  suit  in  law,  or  in  equity,  or  any 
other  legal  proceedings  heretofore  commenced  and  now  pend- 
ing, or  which  may  be  hereafter  commenced  on  account  of 
process  being  made  returnable  at  any  other  place  in  said  coun- 
ty, until  the  county  seat  shall  be  permanently  located,  and 
public  buildings  erected  in  accordance  with  the  provisions  of 
this  act,  any  law  to  the  contrary  notwithstanding. 

Sec  8.  That  the  act  entitled  an  act  to  re-locate  the  seat  of 
justice  of  the  county  of  DeKalb  be,  and  the  same  is  hereby  Act  repaeled 
repealed. 

Approved,  January  30, 1840. 


70 


LAWS  OF  ILLINOIS. 


lu  force, 
Jan.  30,  1840. 


AN  ACT  to  legalize  the  assessment  of  the  Revenue  in  the  counties  of 
Iroquois  and  Clay,  for  the  year  1839. 


Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
Assessment  in  reprcsented  in  the  General  Assembly,  That  the  assessment  of 
Clay  for  1839,  the   taxable  property  made  in  the  counties  of  Iroquois  and 


legalized 


Persons  ag- 
grieved how 
to  proceed 

Proviso 


Clay,  for  the  year  one  thousand  eight  hundred  and  thirty-nine, 
is  hereby  legalized  and  made  binding,  as  though  the  same 
had  been  done  in  strict  conformity  with  the  provisions  of  the 
"Act  concerning  the  Public  Revenue,"  approved  February 
the  twenty-sixth,  one  thousand  eight  hundred  and  thirty- 
nine. 

Sec  2.  That  any  person  feeling  aggrieved  by  the  valuation 
of  taxable  property  in  the  counties  aforesaid,  shall  be  entitled 
to  the  provisions  of  the  twelfth  section  of  the  "Act  concern- 
ing the  Public  Revenue:"  Provided,  Application  be  made  to 
the  County  Commissioners'  Courts  at  their  March  term  of  said 
Courts,  in  the  year  one  thousand  eight  hundred  and  forty,  for 
such  purposes. 

Sec.  3.  This  act  to  be  in  force  from  its  passage. 

Approved,  January  30,  1840. 


In  force, 
Jan.  30, 1840. 


Body  politic 
and  corporate 


Name  and 
style 


Powers 


Annual   elec- 
tion for  trus- 
tees 
Term  of  office 

Notice  of 
elections 


Qualifica- 
tions of  trus- 
tees 


AN  ACT  to  incorporate  the  town  of  Carrai. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  inhabitants  and 
residents  of  the  town  of  Carmi  in  White  county,  are  hereby 
made  a  body  corporate  and  politic,  in  law  and  in  fact,  by  the 
name  and  style  of  the  "President  and  Board  of  Trustees  of 
the  town  of  Carmi,"  and  by  that  name  shall  have  perpetual 
succession,  and  a  common  seal,  which  they  may  alter  at  plea- 
sure, and  in  whom  the  government  of  the  corporation  shall  be 
vested,  and  by  whom  its  affairs  shall  be  managed. 

Sec.  2.  The  boundary  of  the  said  corporation  shall  include 
all  that  country  contained  within  the  limits  of  the  plat  of  the 
town  of  Carmi,  as  of  record  in  the  recorder's  office  of  the 
county  of  White. 

Sec.  3.  That  there  shall,  on  the  first  Monday  of  May  next, 
be  elected  seven  trustees,  and  on  every  first  Monday  of  May 
thereafter,  who  shall  hold  their  offices  for  one  year,  and  until 
their  successors  are  duly  elected  and  qualified;  and  public  no- 
tice of  the  time  and  place  of  holding  said  election,  shall  be 
given  by  the  president  and  trustees,  by  an  advertisement  pub- 
lished in  a  newspaper  in  said  town,  or  posting  it  up  in  at  least 
four  of  the  most  public  places  in  said  town.  No  person  shall 
be  a  trustee  of  said  town,  who  has  not  arrived  at  the  age  of 
twenty-one  years,  who  has  not  resided  in  said  town  six  months 
next  preceding  his  election,  and  who  is  not,  at  the  time  thereof, 
a  bona  fide  freeholder,  and  moreover,  who  has  not  paid  a  cor- 


LAWS  OF  ILLINOIS.  71 

poration  tax;  and  all  free  white  male  inhabitants,  over  twenty-  Qualifica- 
one  years  of  age,  who  have  resided  in  said  town  three  months  ers 
next  preceding   an  election,  shall    be  entitled  to  vote  for  trus- 
tees.    And  the  said  trustees  shall,  at   their  first  meeting,  pro- Election  of 
ceed  to  elect  one  of  their  body  president,  and  shall  have  power  president 
to  fill  all  vacancies  in  said  board   which   may  be  occasioned  Vacancies 
by  death,  resignation,  removal,  or  six  months'  absence  from  the  how     ed 
town;  and  to  appoint  a  clerk  and  assessor,  a  treasurer,  a  street  0;her  officers 
inspector,  and  a  town  constable,  to  give  bond  and  security  in  ot  t0"  n 
such  amount  as  the  trustees  may  require.     And  the  said  town  Duty  of  con- 
constable  shall  take  an  oath,  or  affirm   before  some  justice   of  stable 
the  peace,  that  he  will  faithfully  discharge  the  duties  of  said 
office;  and  it  shall  be  his  duty  to  collect  all  fines,  and  to  serve 
all  processes  at  the  suit  of  the   corporation,  and   to  do  such 
other  matters  and  things  pertaining  to  the  office,  as  may  be 
required  of  him  by  the  ordinances  and  by-laws  of  said  corpo- 
ration. 

Sec.  4.  The  said  corporation  is  hereby  made  capable,  in  Mjly  hold 
law,  to  take  and  hold  to  themselves  and  their  successors,  any  an  s 
lands,  tenements,  hereditaments,  and  the  rents,  issues  and  pro- 
fits thereof,  which  may  be  necessary  for   the   erection   of  any 
market  house,  or  other  public    buildings,  to  promote  the  inter- 
est  and  public  good  of  the  citizens  of  said  town,  and  the  same  .  ™   1C     U1 
to  sell,  grant  and  dispose  of,  if  necessary.  They  shall  also  have 
power  to  regulate,  to  grade,  pave  and  improve  the   streets,  Improvement 
lanes  and  alleys,  within  the  limits  of  said  town   and  corpora-  of  streets 
tion;  and   to  extend,  open  and  widen   the  same,  making  the 
persons  injured  thereby,  adequate  compensation;  to  ascertain  tion  pto  s'Jr_ 
which,  the  board  shall  cause  to   he  summoned  six  good  and  sons  injured 
lawful  men,  freeholders  and  inhabitants  of  said  town,  not  direct- 
ly interested,  who  (being  first  duly  sworn  for  that   purpose.) 
shall    enquire  into    and   take   into  consideration  as  well  the 
benefits  as   the  injury  which  may  accrue,  and  estimate   and 
assess  the  damages  which  would  be  sustained  by  reason  of  the 
opening,  extending,  widening,  of  any  street,  avenue,  lane  or 
alley;  and  shall  moreover  estimate   the  amount  which  other 
persons  will  be  benefitted  thereby;  and  shall  contribute  towards  Persons  bene- 
compensatino- the  person   injured;  all  of  which  shall  be  return- fitteJ  l0   Pa3r 
ed  to  the  board  of  trustees,  under  their  hands  and  seals;  and 
the  persons  who  shall  be  benefitted,  and  so  assessed,  shall  pay 
the  same  in  such  manner  as  shall  be  provided,  and  the  residue, 
if  any,  shall  be   paid  out  of  the  town  treasury.     And  they 
shall  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be 
answered,  in  any  court  whatever. 

Sec  5.  The  trustees  aforesaid,  and  their  successors,  or  a 
majority  of  them,  shall  have  full  poAver  and  authority  to  ordain 
and  establish  such  rules  and  regulations  for  their  government  Rules  and  by- 
and  direction,  and  for  the  transaction  of  the  business  and  con- Jaws 
cerns  of  the  corporation,  as  they  may  deem  expedient;  and 
to  ordain  and  establish,  and  put  into  execution  such  by-laws, 
ordinances  and  regulations,  as  shall  seem  neeessary  for  the 


72 


LAWS  OF  ILLINOIS. 


Tax 


To  license 

shows  &c. 


Sale  of  lots 
for  taxes 
Proviso 


Further 
viso 


pro- 


Further  pow- government  of  said  corporation,  and  for  the  management*, 
control,  disposition  and  application  of  its  corporate  property,, 
and  generally  to  do  and  execute  all  and  singular  such  acts, 
matters  and  things,  which  to  them  may  seem  necessary  to  do, 
and  not  contrary  to  the  laws  and  constitution  of  this  State. 

Sec.  6.  The  said  trustees  shall  have  power  to  levy  and  col- 
lect a  tax  not  exceeding  one  half  of  one  per  cent,  on  all  lots 
and  improvements,  and  personal  property  lying  and  being  with- 
in the  incorporated  limits  of  said  town,  according  to  valuation; 
to  tax  public  shows  and  houses  of  public  entertainment,  tav- 
erns, stores  and  groceries,  for  the  purpose  of  making  and  im- 
proving the  streets  and  keeping  them  in  repair,  and  for  the  pur- 
pose of  erecting  such  buildings  and  other  works  of  public  utility, 
as  the  interest  and  convenience  of  the  inhabitants  of  said  town 
may  require,  and  the  circumstances  render  proper  and  expe- 
dient. And  said  trustees  may  adopt  such  modes  and  means 
for  the  assessment  and  collection  of  taxes  as  they  may,  from 
time  to  time,  fix  upon  and  determine;  and  to  prescribe  the 
manner  of  selling  property,  when  the  tax  levied  upon  it  is 
not  paid :  Provided,  No  sale  of  any  town  lots  or  other  real 
estate  shall  be  made,  until  public  notice  of  the  time  and  place 
shall  be  given  by  advertisement  in  the  newspapers,  or  at  four 
of  the  most  public  places  in  said  town,  at  least  fifteen  days 
previous  thereto:  Provided  also,  All  the  provisions  applicable 
to  such  sale  of  the  law,  entitled  an  act  concerning  the  pub- 
lic revenue,  in  /orce  February  26,  1839,  shall  be  complied 
with. 

Sec  7.  That  the  trustees  of  said  town,  or  a  majority  of 
them,  shall  have  power  to  preserve  good  order  and  harmony 
punished  °W  m  sa^  town;  to  punish  open  indecency,  breaches  of  the  peace, 
gambling,  gaming  houses,  horse-racing,  shooting,  and  all  dis- 
orderly houses,  and  riotous  meetings;  to  remove  obstructions 
in  the  streets  and  public  ways,  and  all  nuisances,  for  which 
purpose  they  may  make  such  by-laws  and  ordinances  as  to 
them  may  seem  expedient,  and  not  inconsistent  with  any  pub- 
lic law  of  this  State;  and  impose  fines  for  the  breach  thereof, 
which  fines  shall  be  recoverable  before  any  justice  of  the  peace 
residing  in  said  town.  And  all  suits  and  judicial  proceedings, 
under  this  act,  shall  be  brought  in  the  name  and  style  of  the 
President  and  Board  of  Trustees  of  the  town  of  Carmi. 

Sec  8.  It  shall  be  the  duty  of  any  justice  of  the  peace 
residing  in  said  town,  and  he  is  hereby  authorized  and  empow- 
ered, upon  the  violation  of  any  law  or  ordinance  of  said  cor- 
poration, to  issue  his  warrant,  directed  to  the  town  constable, 
or  any  authorized  county  officer,  to  apprehend  the  offender 
or  offenders,  and  bring  them  or  him  forthwith  before  him;  and 
after  hearing  the  evidence,  if  it  shall  appear  that  the  said 
accused  has  been  guilty  of  the  violation  of  any  such  law  or 
ordinance  of  the  corporation,  to  impose  such  fine  or  imprison- 
Proviso  ment  as  shall  be  pointed  out  in  such  law  or  ordinance:  Provided, 

Such  fine  shall  not  exceed  five  dollars,  and  imprisonment,  not 


Breaches  of 


Fines,  how 
recovered 

Suits,  how 
brought 


Duties  of  jus- 
tices peace 


LAWS  OF  ILLINOIS.  73 

to  exceed  twenty-four  hours:  Provided,  however,  That  writs  of  Further    pro« 

certiorari  and  appeals  shall  be  granted   from  judgments  un-vls0 

der   this  act^  as  in  other  civil  cases;  and  in  all  criminal  cases,  .     ea]g  from 

the  defendant  shall  be  entitled  to  an  appeal  to  the  circuit  court,  judgment 

by  entering  into  bond  or  recognizance,  as  the  case  may  require, 

before  the  justice  of  the  peace,  within  twenty  days  after  the 

rendition  of  the  judgment,  with  such  securities  and  in  such 

an  amount  as  the  justice  may  think  right  and  proper;  and  all 

fines  imposed  for  a  breach  of  the   peace  or  violation  of  the 

corporation  ordinances,  shall  be  paid  into  the  treasury  of  said 

corporation. 

Sec.  9.  That  when  any  town  lots  or  real  estate  shall  be 
sold  for  taxes,  by  virtue  of  this  act,  the  same  may  be  redeem- 
ed  at  any  time  within  two  years  from  the  date  of  such  sale  of  jotsp  s0\^ 
by  the  owner  of  said  property,  or  his  or  her  agent,  executor  for  taxes 
or  administrator,  paying  to  the  treasurer  of  said  town,  for  the 
use  of  the  purchaser  of  said  property,  the  full  amount  of  pur- 
chase money,  with  interest  at  the  rate  of  twelve  per  cent,  per 
annum,  together  with  costs  accruing  thereon. 

Sec  10.  That  upon  the  application  of  the  owners  of  two- 
thirds  of  the  front  lots  on  any  street  or  parts  of  a  street,  it  shall 
be  lawful  for  the  board  of  trustees  to  levy  and  collect  a  special  enecjai  tax  to 
tax  on  the  owners  of  the  lots  on  said  street  or  parts  of  a  street,  grade  &pave 
according  to  their  respective  fronts,  not  to  exceed  one  per  streets 
cent.,  for  the  purpose  of  grading  and    paving  the  side  walks 
on  said  street. 

Sec  11.  That  all  ordinances  of  said  trustees  shall  be  fairly 
written  out,  signed  by  the  clerk  and  published  in  a  newspaper  Ordinances, 
printed  in  the  town,  or  posted  up  at  three  of  the  most  public  puyi™a  e 
places  in  said  town;  and  no  ordinance  shall   be  in  force  until 
published  as  aforesaid. 

Sec  12.  That  justices  of  the  peace  and  constables,  who  Fees  of  offi- 
are  required  to  render  services  under  this  act,  shall  be  entitled  cers 
to  the  same  fees,  and  collect  them  in  the  same  manner  as  now 
is,  or  hereafter  may  be,  provided  by  law. 

Sec  13.  That  the  president,  or  any  two  of  the  trustees,  Meetings  of 
shall   have   power  to  call  a  meeting  of  the  board,  by  giving board  of  trus* 
one  day's  notice  thereof;  and  a  majority  shall  constitute  a. 
quorum  to  do   business,  but  a  minority  shall  have    power  to       lum 
adjourn  from  time  to  time,  and  compel  the  attendance  of  ab- 
sent members,  and  in  the  event  that  the  notice  of  an  election 
is  not  given,  as  required  by  this  act,  or  from  any  other  cause, 
that  an  annual  election  should  not  be  holden  at  the  proper 
time,  it  shall  be  lawful  for  the  late  clerk  of  the  board,  or  any 
two  qualified  voters  in  said  town,  at  any  time  thereafter,  to 
give  notice,  as   aforesaid,  of  the  time  and   place  of  holding  a  Special  elec 
special  election,  and  the  trustees  elected  at  such  special  elec- tlons 
tion,  shall  have  all   the  powers  conferred  by  this  act. 

Sec  14.  The  qualified  voters,  within  the  corporation,  shall, 
at  the  first  annual  election  for  trustees,  vote  for  or  against 


74 


LAWS  OF  ILLINOIS. 


This  charter  becoming  incorporated  under  the  provisions  of  this  act;  and 
for  oraeain't^  two-thirds  of  all  the  votes  given  at  said  election  is  in  favor 
of  being  incorporated,  then  this  act  to  be  in  force,  otherwise 
to  be  null  and  void.  This  incorporation  may,  at  any  regular 
annual  election  for  trustees,  be  dissolved  by  two-thirds  of  the 
votes  given  being  in  favor  of  such  dissolution,  then  this  act 
shall  be  null  and  void. 

Approved,  January  30,  1840. 


Corporation 
may  be  dis- 
solved 


In   force, 
Feb.  3d,  1840. 


Body  politic 
and  corporate 

Object  of 
company 


Common 
school 

School  fund 


Proviso 


Powers 


Land  to  be 
held 

Donations  to 

Officers 
Term  of  office 


AN  ACT  to  incorporate  the  Springfield  Mechanics'  Union. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Caleb  Burchall, 
Thomas  Lewis,  Edmund  R.  Wiley,  William  D.  Herndon, 
Simeon  Francis,  George  R.  Weber,  Walter  Davis,  George 
Wood  and  R.  F.  Coflin,  and  their  associates  and  successors, 
be,  and  they  are  hereby,  constituted  a  body  politic  and  corpo- 
rate, under  the  name  of  the  "Springfield  Mechanics'  Union," 
for  the  purpose  of  affording  relief  to  the  sick  and  disabled 
members  thereof,  and  to  the  widows  and  orphans  of  deceased 
members;  for  the  establishment  of  a  common  school  and  a 
public  library,  and  for  the  promotion  of  literature,  science, 
and  the  mechanic  arts;  and  for  no  other  purpose  whatever. 

Sec.  2.  The  said  corporation,  on  the  establishment  of  their 
common  school,  shall  receive  from  the  school  commissioner  of 
the  county  the  same  amount  of  money,  in  the  same  propor- 
tion, and  apply  the  same  to  such  tuition,  in  the  same  manner 
as  other  common  schools  are  paid  and  kept:  Provided,  That 
the  teachers  or  instructors  of  said  school,  shall  be  selected  by 
the  corporation,  and  be  under  the  control  of  its  bj^-laws. 

Sec  3.  The  said  corporation,  by  the  name  of  the  "Spring- 
field Mechanics'  Union,"  is  declared  and  hereby  made  capable, 
in  law,  to  sue  and  be  sued,  plead  and  be  impleaded,  to  have  a 
common  seal,  and  the  same  to  alter  or  renew  at  pleasure;  to 
make  and  adopt  a  constitution  and  by-laws  for  the  government 
of  the  corporation,  not  inconsistent  with  the  laws  of  this  State, 
or  the  constitution  of  the  United  States,  and  the  same  to 
alter  or  amend  whenever  it  may  be  deemed  necessary:  Pro- 
vided, That  the  said  corporation  shall  not  hold  more  than  live 
acres  of  land,  with  the  improvements  thereon,  for  a  longer 
term  than  one  year,  except  such  as  may  be  donated  to,  and 
for  the  sole  use  and  behoof  of,  the  corporation. 

Sec.  4.  The  officers  of  this  corporation  shall  consist  of  a 
president,  vice  president,  secretary,  treasurer,  and  a  board  of 
seven  directors,  who  shall  continue  in  office  for  the  term  of 
one  year,  and  uutil  their  successors  are  elected,  together  with 
such  other  officers  as  may  be  provided  for  by  the  constitution 
and  by-laws  of  the  corporation.     The  duties,  rights,  privileges 


LAWS  OF  ILLINOIS.  75 

and  liabilities  of  the  aforesaid  officers  to  be  defined  by  the  con-  By-laws 
stitution  and  by-laws  of  said  corporation. 

Sec.  5.  All  fines  and  forfeitures  for  non-attendance,  delin-  Fines  and  for- 
quency,  imposed  by  the  constitution  and  by-laws  provided  forieitures 
in  the  third  section  of  this  act,  not  exceeding  twenty-five 
dollars  in  any  individual  case,  shall  be  recoverable  by  action 
of  debt,  before  any  justice  of  the  peace  of  the  proper  county 
by  the  said  company,  in  their  corporate  capacity,  which  shall 
be  for  the  use  of  the  coiporation. 

Sec.  6.  This  corporation  shall  not  be  dissolved,  nor  a  divi-  Existence  of 
dend  made  of  its  funds,  while  there  are  seven  resident  mem-  corPoration 
bars  in  favor  of  its  continuance. 

Sec  7.  The  Legislature  hereby  reserves  the  right  to  amend  Right  reserv- 
or  repeal   this  act  whenever,  in  their  opinion,  the  public  good  ecl 
may  require  it. 

Sec  8.  This  act  to  be  in  force  from  and  after  its  passage. 

Approved,  February  3,  1840. 


AN  ACT  to  amend   an  act  to   incorporate  the  La  Salle  Charity  Hospital,       In  force, 

approved,  February  23,  1839.  Feb.  1,   1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  corporators,  in 
the  act  to  which  this  is  an  amendment,  shall  have  two  years  t0  corpora. 
from  the  time  the  canal  commissioners  shall  select  the  land  as  tors 
required  by  the  act  to  which  this  is  amendatory,  to  comply  on 
their  part  with  the  provisions  of  said  act:  Provided,  It  shall  be  Proviso 
the  duty  of  the  commissioners  to  select  the  land  within  three 
months  from  the  passage  of  this  act. 

Approved,  February  1,  1840. 


AN  ACT  authorizing  the  county  commissioners  of  Union  county  to  jn  force 

borrow  money  for  certain  purposes.  jreD    j     1840, 

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

represented  in  the  General  Assembly,  That  the  county  commis-  Co.  comr's 

sioners  of  Union  county,  are  hereby  authorized  to    borrow  mav borrw 
/.  ,  •  A  m   •      ,   r     money  to 

irom  any  person  or  corporation,  a  sum  oi  money  sumcient  iOFcomp]etepUb, 

the  erection  and  completion  of  the  necessary  public  buildings  He  buildings 

for  the  county  and  are  empowered  to  execute  any  notes  or 

bonds,  bearing  interest  not  exceeding  twelve  per  cent,  per 

annum,  for  the  purpose  of  carrying  out  the  intention  of  this 

act,  which  notes  or  bonds  shall  be  binding  on  the  said  county 

of  Union. 

Approved,  February  1, 1840. 


76  LAWS  OF  ILLINOIS. 

In  force,     AN  ACT  to  authorize  Ira  Minard,  Read  Ferson,  Bela  T  Hunt  and  Darwin 
Feb.   1,  1340.  Millington,  to  build  a  dam  across  Fox  river. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois* 
Persons  au-  represented  in  the  General  Assembly,  that  Ira  Minard,  Read 
thorized  to  Ferron,  Bela  T.  Hunt  and  Darwin  Millington,  their  heirs  and 
cross  Fo?  ri-assi§ns'  be'  and  they  are  hereby,  authorized  to  construct,  build 
Ter  and  continue  a  mill-dam  across  Fox  river,  at  the  town  of  St. 

Charles,  in  the  county  of  Kane,  between  the  land  held  by  them 
Proviso  to  the  height  of  seven  feet  above  low  water  mark:  Provided* 

Said  grant  shall  not  be  construed  so  as  to  prevent  the  State 
from  improving  said  Fox  river  at  that  place,  by  dams,  locks, 
or  any  other  way,  at  any  time  hereafter,  for  tiie  purpose  of 
slack  water  navigation,  or  otherwise. 
Construction  Sec.  2.  The  said  dam  shall  be  constructed  with  a  down 
of  dam  stream  slope  of  two  feet  horizontal  to  one  foot  perpendicular 

rise,  well  and  sufficiently  planked  over,  for  the  purpose  of  al- 
lowing the  safe  passage  of  the  descending  trade  of  said  river; 
and  during  the  continuance  of  the  said  dam,  said  slope  shall 
be  kept  in  good  repair.  This  act  to  take  effect  from  and  after 
its  passage. 

Approved,  February  1,  1840. 


In   force  AN  ACT  to  change  part  of  a  State  road  from  Naperville,  in  Du  Page 

Feb.  1,  1840.  county,  to  Indian  Creek,  in  McHenry  county. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Stephen  J.  Scott, 
Nathan  Allen  Jr.,   Ethan  Grisworld,  be,  and  they  are  hereby, 

locateVoad e"  aPPomted  commissioners  to  view  and  relocate  a  certain  State 
road  from  Naperville,  heretofore  in  Cook  county,  now  in  Du 
Page  county,  to  Indian  Creek,  in  McHenry  county,  from  the 
twenty-nine  mile  stake  on  the  line  of  said  road  to  Naperville. 
Sec.  2.  The  said  commissioners,  as  soon  as  they  shall  have 
completed  said  work,  shall  make  out   a  map  of  that   part  of 

Map  of  road  the  said  road  so  to  be  relocated,  giving  the  course  and  dis- 
tances to  be  lodged  with  the  clerk  of  the  county  commission- 
ers' court  for  the  county  of  DuPage,  which  shall  be  recorded 
at  length  in  the  books  of  said  court:  Provided,  however,  That 

Proviso  those  persons  interested  in  the  relocating  of  the  above  road, 

shall  defray  all  the  expenses  thereof. 

Sec  3.  The  said  commissioners  shall,  before  they  proceed 
to  relocate  said  road,  be  sworn  before  some  justice   of  the 

Com'rs  to  be  peace  faithfully  to  perform  their  duties;  and  so  much  of  said 
road  as  shall  be  changed,  shall  be  vacated. 
Approved,  February  I,  1840. 


LAWS  OF  ILLINOIS.  77 

AN  ACT  in  relation  to  the  publication  of  the  reports  of  the  decisions  of        In  force, 
the  Supreme  Court  of  the  State  of  Illinois.    '  Feb.  1, 1840. 

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  reporter  of  the  Supreme  Court  of  this  State,  to  deliver  Duty  of  re- 
to  the  Secretary  of  State,  such  number  of  copies  of  the  re-Porter 
spective  volumes  of  the  reports  of  said  court,  as  may  be  ne- 
cessary to  enable  the  said  secretary  to  distribute  the  same,  in 
the  manner  provided  in  the  second  section  of  this  act,  togeth-  Distribution 
cr  with  one  hundred  copies  in  addition,  to  be  deposited  in  the  of  RePorts 
Secretary's  office,  for  the  use  of  the  State. 

Sec.  2.     It  shall  be  the  duty  of  the  Secretary  of  State  to  Secretary  of 
distribute  the  said  reports,  in  the  manner  following,  to  wit:  St.ate  to  dis_ 
he  shall  deliver  one  copy  to  each  of  the  justices  of  the  Su-tn  ute  reP'ts 
preme  Court,  and  the  respective  judges  of  the  circuit  courts; 
one  copy  to  the  Attorney  General,  each  State's  attorney,  To  whom  dis- 
and  to  each  clerk  of  a  court  of  record  in  this  state,  except  tribuied. 
the  Supreme  Court;  one  copy  to  each  probate  justice,  and  five 
copies  to  the  clerk  of  the  Supreme  court;  one   copy  to  the 
Executive  of  each  State  in  the  United  States,  and  five  copies 
to  the  Executive  of  the  United  States;  and  one  copy  to  each 
of  the  officers  of  the  Executive  department  of  this  State,  who 
are  required  to  keep  their  offices  at  the  seat  of  government. 

Sec.  3.     Upon  the  delivery  of  the  requisite  number  of  any 
volume  of  said  reports,  ii'  shall  be  the  duty  of  the  Secretary 
of  State   to  deliver  to  said   reporter  a  certificate,  specifying  Certificate   to 
the  number  of  copies  of  said  reports,  which  shall  have  been  reporter 
delivered  to  him,  and  on  presentation  of  said  certificate  to  the 
auditor  of  public  accounts,  he  shall   issue  his  warrant  upon  Duty  of  Audi- 
the  treasury  for  such  an  amount  as  said  volumes  shall  amount tor 
to,  at  the  price  for  which  said  books  shall  be  sold  to  individ- 
uals: Provided,  said  price  shall  not  exceed  the  ordinary  price  Proviso 
of  law  books  of  the  same   description,  to  be  determined  by 
the  Auditor,  Treasurer,  and  Secretary  of  State. 

Approved,  February  1,  1840. 


AN  ACT  to  legalize  the  assessment  of  taxes  taken  in  the  counties  of  Mc-       jn  force 

Henry  and  Stark,  in  the  year  1839.  Feb.  1    1840 

Sec  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  assessment  of 
taxes  taken  in  McHenry  and  Stark  counties  in  the  year  1839.  Assessment 
shall  be  good  and  valid,  and  in  every  respect  legal  as  if  the  legalized 
same  had  been  taken  under  the  provisions  of  the  act  concern- 
ing the  public  revenue,  approved  Feb.  26,  1839. 

Approved,  February  1,  1840. 


78  LAWS  OF  ILLINOIS. 

In  force,       AN  ACT  to  amend  "An  act  authorizing  Samuel  Witters  to  build  a  toll 
Feb.  1, 1840.  bridge  across  ihe  Skillet  Fork  of  the  Little  Wabash." 

Sec.  1.  Beit  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  aforesaid  Wit- 
ters, or  his  legal  representative,  is  hereby  allowed  to  demand 
Rate.?  of  toll  ahd  receive  the  following  rates  of  toll  from  each  person  or 
persons  for  crossing  said  bridge,  to  wit:  for  each  head  of  hogs, 
sheep,  or  goats,  crossing  said  bridge,  one  cent;  for  each  head 
of  cattle,  horses,  mules  or  asses,  the  sum  of  three  cents;  for 
each  foot  passenger,  six  and  one  fourth  cents;  for  each  man 
and  horse,  twelve  and  a  half  cents;  for  each  one  horse  waggon 
or  carriage,  eighteen  and  three  fourth  cents;  for  each  two  horse 
waggon  drawn  by  horses  or  oxen,  twenty  five*' cents;  for  each 
four  horse  waggon,  thirty  seven  and  a  half  cents,  whether 
drawn  by  horses  or  oxen;  for  each  six  horse  waggon,  whether 
drawn  by  horses  or  oxen,  fifty  cents;  the  said  VVitters  shall  be 
allowed  to  demand  and  receive  for  any  species  of  property  not 
herein  enumerated  in  proportion  to  the  above  rates  of  toll. 
Persons  ex-  ■  Said  Witters  shall  not  be  allowed  to  exact  any  toll  from  peo- 
emPt  from  t0  pie  going  to  or  returning  from  worshipping  Almighty  God. 
This  act  to  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  February  1,  1840. 


In  force,      AN  ACT  concerning  sheriffs,  coroners,  constables,  justices  of  the  peace, 
Feb.  1,1840.  and  probate  justices  of  the  peace. 

Sec  1.  Be  it,  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  whenever  any  Sher- 
When  officers  ifij  Coroner,  Constable,  Justice  of  the  Peace,  or  Probate  Jus- 
fail  to  pay  mo-  tice  of  the  Peace  in  this  State,  shall,  after  proper  demand 
neys  collected  macje  fajj  neglect,  or  refuse,  to  pay  over  any  sum  or  sums  of 
office  to  be  va-  ',.     °    ,    '  i  V  i       xn  •  j  u        •   , 

cated  money,  collected  orrecewed  by  such  officer,  in,  and  by  virtue 

of  his  office,  his  said  office  shall  be  forfeited  and  vacated. 

Sec  2.  Whenever  in  pursuance  of  the  laws  of  this  State, 
any  judgment  shall   be  had,  or  taken,  against  any  sheriff, 
coroner,  constable,  justice  of  the    peace,  or  probate  justice 
of  the  peace,  for  any  failure  neglect  or  refusal  of  such  officer, 
to  pay  over  any  sum,  or  sums  of  money  collected  or  received 
by  him,  in  and  by  virtue  of  his  office,  and  it  shall  appear  to 
the   satisfaction   of  the  court,   that   proper  demand  for  the 
same  has  been  made,  it  shall  be  the  duty  of  the  court,  or  jus- 
tice of  the  peace,  befoie  whom   such  judgment  is  had  or  ta- 
When  office   ken,  further  to  adjudge  and  decree  that  the  office  of  such  offi- 
t.o  be  forfeited  cer,  so  failing,  neglecting,  or  refusing,  as  aforesaid,  is  forfeit- 
and  vacated    e(j  ancj  vacated,  and  such  vacancy  shall  be  filled  as  in  other 
cases  of  vacancy,  as  is  now  provided  by  law. 
Approved,  Feb.  1, 1840. 


LAWS  OF  ILLINOIS.  79 

AN  ACT  to  amend  the  several  laws  in  relation  to  the  Illinois  and  Mi-  In  force, 

chigan  Canal.  Feb.  1,  1840. 

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  commissioners  ol  the   Illinois  and  Michigan  canal  to  Canal  com- 
sell  so  much  of  the  canal  lands  and  lots,  the  present  year,  missioners  to 
as  may  be   required  to  pay  the  interest  on  loans  made   for^tg  an  s  an 
canal  purposes;  sales  made  under  this  act  shall  be  conducted 
and   under  the  same  restrictions  as  required  by  the   act  to 
which  this  is  an  amendment:  Provided,  however,  If  the  com-  Proviso 
missioners  shall  be  of  opinion  the  interest  of  the  State  requires 
more  than  ten    per  cent,    to    ho   paid   at  the  time  of  sale, 
they  shall  state  in  their  advertisements  the  amount  that  will 
be  required  to  be  paid  at  the  time  of  purchase. 

Sec  2.     Where  timber  land   is  selected  for  sale,  it  shall  Timber  land 

be  the  duty  of  the  commissioners  to  divide  it  into  small  lots,       ,,,    in 
"'•,/.,  •  ,  ,    ,  •  small  lots 

not    to  exceed   forty  acres  in   one  lot,  and  to  require  one 

fourth  of  the   purchase    money   to  be   paid  at  the   time  of  Purchase  mo- 
purchase,  and  the   balance  to  be  paid  in  three  annual  in-  nev 
stalments,  with  six  per  cent,  interest,  paid  in  advance  for  the 
first  year.     Sales  made  under  the  provisions  of  this  act  shull 
be  subject  to  the  same  forfeitures  and  restrictions  as  required  Restriction 
in  the  several  acts  authorizing  the  sales  of  canal  lands. 

Sec.  3.     There  shall  be  one  principal  engineer,  who  shall  Principal  en- 
have  a  salary  of  two  thousand  dollars  per  annum;  there  shall  gineer 
be  one  resident   engineer,  who  shall  have   fifteen   hundred  Resident  en- 
dollars  per  annum;   there  shall  be   seven  assistant  engineers,  £ine.er 

c*  ?  A.  s -^stunts 

who  shall  each  have  a  salary  of  one  thousand  dollars  per  an- Salaries 

num.  And  the  engineers  aforesaid  shall  not  receive  any  other 
compensation  for  their  services,  under  any  pretence  what- 
ever: Provided,  that  the  work  on  the  canal  progresses.  But  it  Proviso 
shall  be  the  duty  of  the  board  of  canal  commissioners  to  dis- 
charge such  assistant  engineers,  whenever  said  work  is  sus- 
pended. 

Sec.  4.     It  shall  be  the  duty  of  the  commissioners,  when 
any  person  or  persons  claim   damages  that  they  may  have  Damages 
sustained,  by  the  construction  of  the  Illinois  and  Michigan  claimed,  how 
canal,  to  settle  with  any  such  person  or  persons  for  the  dam-  a  JU9te 
ages  they  may  have  received,  and  pay  the  same:  Provided,  pr0viSo 
If  the  commissioners  are  of  opinion  the  claim  is  too  high,  and 
the  claimant  will  not  take  a /'air  compensation,  they  shall  call 
the  appraisers  as  required  in  the  act  to  which  this  is   an 
amendment,  and  they  shall  proceed.  ;is  required  in   said  act. 
Said  appraisers  shall  receive  a  reasonable  compensation,  not 
to  exceed  five  dollars  per  day,  for  their  services,  for  the 
time  necessary   to  perform   the  duties  required  of  them  as 
such  appraisers,  and  shall  be  paid  out  of  the  canal  fund. 

Sec  5.  That  the  board  of  public  works  of  this  State, 
whose  appointment  is  provided  for  in  a  bill,  entitled  "An  act 
to  provide  for  the  settlement  of  debts  and  liabilities  incurred 


SO  LAWS  OF  ILLINOIS. 

on  account  of  interna]  improvements,  in  the  State  of  Illinois," 
Bo'd  of  public  shall  be,  and  they  are  hereby,  authorized  to  employ  not  ex- 
works  may  ceeding  four  assistant  engineers,  at  a  salary  not  exceeding 
employ  eng'rs  ,  i  j  j    n  ° 

v   J  one  thousand  dollars  per  annum. 

Salaries  of  en-      Sec.  6.     That  the  compensation  of  the  chief    engineer, 
gineers  whose  appointment  is  provided  for  in  the  bill  referred  to  in 

the  preceding  section,  shall  be  two  thousand  dollars  per  an- 
num, any  bill  or  law  to  the  contrary  notwithstanding. 

Sec.  7.     The  act  passed  February  27,  1839,  entitled  "An 
act  to  provide  for  a  loan  for  canal  purposes,"  is  hereby  so 
Act  changed  changed  as  to  authorize   the  interest  upon  bonds  hereafter 
sold  under  the  provisions  of  said  act  to  be  paid  semi-annual- 
ly. 
Auditor toset-      Sec.  8.     The   Governor,  Auditor,  and  Treasurer  of  this 
tie  accounts    State,  shall  settle  the  accounts  of  the  several  agents  employ- 
of  canal  ag'ts  ecj  jjy  t|ie  Governor,  within  the  last  year,  to  negotiate  canal 
loans,  or  to  convey  funds   from  eastern   cities  to  this  State, 
and  allow   them  respectively,  a  compensation  of  five   dollars 
a  day  for  the  time  occupied  by  them  in  the  performance  of 
those  services;  except  in  case  where  a  different  agreement 
has  been  made  with  them  by  the  Governor;  arid  if  any  such 
agent    has  retained  a  greater   compensation  than  herein  al- 
lowed, he  shall  be  required  to  refund  the  overplus,  and  the 
Proviso  same  shall  be  added  to  the   canal  fund:  Provided,  That  no 

person  shall  be  entitled  to  receive  from  the  State  a  per  diem 
compensation  for  services  performed  in  two  or  more  different 
capacities  at  the  same  period  of  time. 

Sec  9.  Should  there  be  no  funds  on  hand  to  meet  the 
liabilities  of  the  State  to  the  contractor,  for  labor  done  on 
the  Illinois  and  Michigan  canal,  at  the  estimate  to  be  made 
Com'rs  to  is- on  the  first  of  March  next,  it  shall  be  the  duty  of  the  corn- 
sue  checks  to  missioners  of  said  canal  to  issue  their  checks  to  contractors 
pay  contrac-  for  sucn  amount  as  may  be  found  then  due,  as  now  provided 
Ch    k  '"^  ^aw'  an^  PayaD'e  whenever  funds  have  been  deposited  for 

bear  6  per  ct.  t'iat  purpose,  bearing  an  interest  at  the  rate  of  six  per  cent: 
interest  Provided,  That  this  provision  shall  not  extend  to  estimates 

Proviso  made  after  said  first  day  of  March  next:  Provided,  also,  That 

in  no  case  shall  such  checks  be  issued  for  a  smaller  amount 
than  one  hundred  dollars. 

Approved,  Februarv  1,  1840. 


In  force  "^  ACT  to  change  the  name  of  the  county  of  Dane  to  that  of  Christian. 

Feb.  1,1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the   name  of  the 
Christian  co.    county  of  Dane  shall  hereafter  be  Christian. 
Approved,  Feb.  1,1810. 


LAWS  OF  ILLINOIS.  81 

AN  ACT  making  partial  appropriations.  In   force, 

Jan.    8,  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  Auditor  of  Pub-  D,ut^  of  autht- 
lic  Accounts  be,  and  he  is  hereby  required   to  draw  warrants  Members  of 
on  the  treasury  for  the  sum  of  one  hundred  dollars  to  each  Gen.  Assem- 
member  of  the  General  Assembly,  and  a  like  warrant  to  the  1^'  ,^10t'' 
Speaker  of  each  House,  the  Secretary  of  the  Senats,  and    the  of  Senate'ci'k 
Clerk  of  the  House  of  Representatives,  and  Assistants  of  each  of  H.  R.,  As- 
House,  to  each  of  the  Enrolling  and  Engrossing  Clerks,  and  slst1agts^.  J£]}T' 
door-keepers,  and  each  Assistant  door-keeper,  of  both  Houses.  Door-keepers 

Approved,  January  S,  1S40.  and  Assist- 


AN  ACT  making  additional  appropriations  for  the  years  1839  and  '40.  in  force 

Feb.  1,  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the   General  Assembly,  That  there  shall  be  al- «,      .    .  U 
lowed  to  the  Speaker  of  the  House  of  Representatives  and  the  nate  &  House 
Speaker  of  the  Senate,  each-,  the  sum  of  seven  dollars  per  day  of  Represent 
and  four  dollars  for  every  twenty  miles  necessary  travel,  in  Mileage 
coming  to  and  returning  from  the  seat  of  government  of  this 
State. 

Sec.  2.     To  each  member  of  the  Senate  and  House  of  Re-  Members  of 
presentatives  the  sum  of  four  dollars  per  day  for  every  day's  Senate  and  H: 
attendance  at  the  present  session  of  the  General  Assembly,  SePresent's 
and  four  dollars  for  every  twenty  miles  necessary  travel,  in  Miieaee 
coming  to  and  returning  from  the  seat  of  government. 

Sec  3.  To  the  Secretary  of  the  Senate  and  principal  Sec'y  of  Sen. 
Clerk  of  the  House  of  Representatives  six  dollars  per  day,  and  Principal 
and  to  each  assistant  clerk  of  the  Senate  and  House  of  Re  pre-  clerkof  H- R- 
sentatives  the  sum  of  six  dollars  per  day.  The  number  of  Assist' t  clerks 
days  employed  to  be  certified  by  the  clerk  of  each  House  re- 
spectively. 

Sec  4.     To  the  engrossing  and  enrolling  clerk  of  each  e.  &,  e.  clerks 
house  five  dollars  per   day,  and   to  each  assistant  engrossing  Assistants 
and  enrolling  clerk  of  both  houses  four  dollars  per  day.     The 
number  of  days  employed  to  be  certified  by  the  engrossing  and 
enrolling  clerks. 

Sec.  5.     To  the  door  keeper  of  each  House,  four  dollars  Doorkeepers 
per  day. 

Sec  6.     To  Andrew  Johnson  four  dollars  per  day,  during  A.  Johnson 
the  time   employed  in  reading   bills,  messages,  &c.  for  the 
House  of  Representatives,  and  six  dollars  per  day  during  the 
time  he  acted  as  assistant  clerk  of  the  House  at  its  present 
session. 

Sec  7.     To  David  Prickett  six  dollars  per  day  during  the  d.  Prickett 
time  he  acted  as  clerk  of  the  House  at  its  present  session,  the 
number  of  days  employed  to  be  certified  by  the  ^Speaker. 

6 


82  LAWS  OF  ILLINOIS. 

w .  L.  Graves  Sec.  S.  To  William  L.  Graves  fifteen  dollars  and  fifty 
cents,  amount  expended  by  him  in  going  to  Pike  county  to 
summon  witnesses  in  the  contested  case  between  Richard  Kerr 

F.  R Hicks  and  Oscar  Love;  and  to  F.  B.  Hicks  the  sum  of  four  dollars 
per  day  and  fifteen  dollars  for  expenses  in  going  to  Coles  to 
summon  one  witness  in  the  same  case.  The  number  of  days 
to  be  certified  by  the  Speaker. 

Mileage  to  old     Sec.  9.     To  the  officers  of  the  Senate  and  House  of  Re- 
officers  presentatives,  who  were  chosen  at  the  last  session  of  the  Gen- 
eral Assembly,  and  who  are  in  attendance  at  the  present  ses- 
sion, the  sum  of  two  dollars  for  every  twenty  miles  necessary 
travel  in  coming  to  and  returning  from  the  seat  of  Govern- 

Exception  ment,  except  such  as  are  herein  otherwise  allowed  travelling 
fees. 

J.  Cook  Sec  10.     To  Isaac  Cook  four  dollars  per  day,  for  nineteen 

days,  in  summoning  witnesses  on  the  charges  preferred  against 
the  Hon.  John  Pearson,  by  James  M.  Strode  and  others,  and 
fifty  dollars  for  expenses. 

J .  Taylor  '^°  Jcnn  Taylor  four  dollars,  for  articles  furnished  for  the 

burial  of  the  Hon.  James  Copeland. 

H.  Woodson  To  Harriet  Woodson  for  articles  furnished,  and  services  ren- 
dered in  the  same  case,  five  dollars. 

J.  Brewer  To  John  Brewer  five  dollars  for  digging  the  grave  for  the 

Hon.  James  Copeland.     . 

Sec'yofCoun-      To  the  secretary  of  the  council  of  revision  four  dollars  per 

cllotRevislonday;  the  number  of  days  employed  to  be  certified  by  the 
council  of  revision. 

T.  Moffett  To  Thomas  Maffit  five  dollars,  for  swearing  the  new  mem- 

bers of  the  House  of  Representives,  and  swearing  witnesses  in 
the  Pike  county  contested  seat,  and  on  the  charges  preferred 
against  the  Hon.  John  Pearson. 

J.  N.  Eno-lish  To  John  N.  English,  for  fifteen  days  attendance  as  assistant 
doorkeeper  to  the  House  of  Representatives,  four  dollars  per 
day. 

L.  T.Jemison  To  L.  T.  Jemison,  clerk  of  the  joint  select  committee,  ap- 
pointed to  investigate  the  affairs  of  the  State  Bank,  four  dol- 
lars per  day;  the  number  of  days  employed  to  be  certified  by 
said  committee. 

Sec'y  of  Sen.      To  the  secretary  of  the  Senate  and  principal  clerk  of  the 

and  Prin.  el'k  House  of  Representatives,  the  sum  of  two  hundred  and  fifty 
dollars  each,  for  furnishing  a  copy  of  the  Journals  of  the  pro- 
ceedings of  the  two  branches  of  the  Legislature  for  publica- 
tion. 

Doorkeep'rof     To  the  door-keeper  of  the  council  of  revision  three  dollars 

Coun.  Revia.  and  fifty  cents  per  day,  the  number  cf  days  employed  to  be 
certified  by  the  Governor. 

Ass't  doork'r      To  each  assistant  door-keeper  of  the  Senate  and  House  of 

Sen.  &  H.  R.  Representatives  four  dollars  per  day. 

O.Love  To  Oscar  Love  four  dollars   per  day,  during  the  time  he 

held  his  seat  as  a  Representative  from  the  county  cf  Pike;  the 


LAWS  OF  ILLINOIS.  83 

number  of  days  to  be  certified  by  the  clerk  of  the  House  of 
Representatives,  and  the  same  rate  of  mileage  as  other  mem- 
bers. 

To  A.  Trailer  thirty-one  dollars  and  fifty  cents  for  makings.  Trailer 
a  coffin,  and  other  services  rendered  in  the  burial  of  the  Hon. 
James  Copeland. 

To  James  T.  Collier  three  dollars  and  fifty  cents  per  day,  J.  T.  Collier 
for  attending   to  the  offices    of  Secretary  of  State,  and   to 
the  engrossing  and  enrolling  clerks  of  each  House;  the  number 
of  days  employed  to  be  certified  by  the  Secretary  of  State. 

To  H.  E.  Bridge  &  Co.  the  sum  of  five  hundred  and  eighty-  H.E.  Bridget 
four  dollars  and  ninety-seven   cents,  being  in  full  for  articles  Co" 
furnished  for  the  use  of  the  State. 

To  Joseph  Thayer  &  Co.  seventeen  dollars  and  nineteen  J.  Thayer  & 
cents,  in  full,  for  articles  furnished  for  the  use  of  the  State.      Cc- 

To  John  H.  Smith  twelve  dollars  and  fifty  cents  for  hawling  J.  H.  Smith 
saw  dust  for  the  use  of  the  House  of  Representatives. 

To  C.  B.  De  Reimer  &  Co.  twelve  dollars  for  articles  fur-C.  B.  De  Rei- 
nished  for  the  use  of  the  office  of  Secretary  of  State.  mer  &  Co- 

To  Robert  Irwin  &  Co.  two  hundred  and  sixty-five  dol-R.  Irwin  & 
lars,  in  full,  for  articles  furnished  for  the  State.  Co- 

To  A.  Trailer  thirty  dollars,  in  full,  for  articles  furnished  for  A.  Trailer 
the  use  of  the  State. 

To  the  Secretary  of  State,  for  copying  laws,  making  margi-gec'y  of  State 
nal  notes,  and  index  to  the  same,  and  making  index  to  the 
Journal  of  the  Senate  and  House  of  Representatives,  reading 
proof  sheets  and  superintending  printing,  the  sum  of  five  hun- 
dred dollars. 

To  A.  P.  Field,  for  his  expenses  to  Louisville  to  purchase  A-  p» Field 
stationary  for  the  Legislature  of  1S37  and  1838,  the  sum  of 
seventy-five  dollars. 

To  James  P.  Langford  two  hundred  and  thirty  dollars  and  j.p.Langford 
six  cents,  in  full,  for  work  done  and  materials  furnished  for  the 
State. 

To  John  G.  Burgan,  for  the  use  of  the  first  Presbyterian  J.G.  Bergan 
church,  fifteen  dollars  for  work  done  for  the  use  of  the  State. 

To  S.  M.  Tinsloy  sixty-four  dollars  and  seven  cents,  for  arti-  S.  M.  Tinsley 
cles  furnished  for  the  use  of  the  State. 

To  John  Hart  two  dollars  and  thirty-eight  cents,  for  dray-  j  jjart 
age  of  wood  for  the  Council  of  Revision. 

To  Joseph  Thayer  twenty-five  dollars,  for  the  rent  of  a  room  J.  Thayer 
for  the  engrossing  and  enrolling  clerk  of  the  House  of  Repre- 
presentatives. 

To  E.  H.  Bridges  &  Co.  one  dollar  and  twenly-five   cents,  e.  H.  Bridges 
for  articles  for  the  use  of  the  State.  &  Co- 

To  John  Clifton  eighteen  dollars  and  seventy-five  cents,  for  J.  Clifton 
the  use  of  a  room,  fire  and  lights,  furnished  for  the  committee 
appointed  to  investigate  the  affairs  of  the  State  Bank. 

To  C.  Birchall  &  Co.  one  hundred  and  thirty  seven  dollars  c.  Birchall  & 
and  seventy-five  cents,  in  full,  for  articles  furnished  for  the  use  Co. 
of  the  State. 


84  LAWS   OF  ILLINOIS. 

Webster  and      To  Webster  and  Hickox,  for  articles  furnished  for  the  funer- 

Hickox  aj  0f  tne  Hon.  James  Copeland,  five  dollars. 

G.  Elkin  To  Garrett  Elkin,  for  a  room  furnished  for  the  use  of  the 

Council  of  Ri vision,  the  sum  of  fifty-seven  dollars. 
p.  Beers  To  P.  Beers,  for  the  use  of  the  Christian  church,  by  the  Su- 

preme court,  at  the  last  July  term,  the  sum  of  fifty  dollars. 
Prot.  Episco-      To  the  wardens  and  vestrymen  of  the  Protestant  Episcopal 
pal  church      church,  for  the  use  of  said  church  by  the  Supreme  cour<:  at  its 

present  session,  the  sum  of  fifty  dollars. 
Trustees  2nd      To  the  trustees  of  the  second  Presbyterian  church,  the  sum 
Presbyterian  0r  two  hundred  dollars,  for  the  use  of  their  church  as  a  Hall 

for  the  House  of  Representatives. 
M.K.Ander-     To  Moses  K.  Anderson,   adjutant  general  of  the  Illinois 
*on  militia,  the  sum  of  twenty  dollars  and  eighty-two  cents  for  ser- 

vices rendered  in  the  year  1839,  from  the  fifteenth  day  of  Oc- 
tober last  to  the  31st  of  December,  1839. 
Trustees  2nd  The  trustees  of  the  second  Presbyterian  church  may  retain 
Presbyterian  £ne  four  stoves  now  in  the  same,  for  the  use  of  said  church,  un- 
til said  stoves  be  required  for  the  use  of  the  State. 
Duty  of  Audi-  The  Auditor  of  Public  Accounts  shall  issue  his  warrant  on 
tor  the   Treasurer   in   favor,  of  the  different  persons  heretofore 

named   for   the  several    sums    annexed   to  their  respective 
names. 
Inspectors  of     The  Auditor  shall  issue  his  warrant  in  favor  of  the  inspec- 
Penitentiary    tors  0f  tne  Penitentiary  for  such  sum  or  sums  as  may  be  certi- 
fied by  them,  to  be  necessary  to  pay  guards  for  securing  con- 
victs in  the  Penitentiary,  for  which  there  are  no  cells:  Provided, 
they  shall  not  pay  more  than  one  dollar  and  twenty-five  cents 
per  day  for  each  guard  necessarily  employed. 
J.  L.Lamb         $ec.  H-     To  James  L.  Lamb  the  sum  of  eighteen  dollars 

-.   and  fourteen  cents,  for  candles. 
Edwards'  To  Rankin  and  Edwards,  eight  dollars. 

Methodist  E.      To  the  Methodist  Episcopal  church,  for  the  use  of  house 
church  by  the  Senate,  the  sum  of  one  hundred  and  fifty  dollars,  and 

the  use  of  the  stoves  and  other  furniture  until  called  for  by  the 
Senate. 
G.T.Edwards      To  George  T.  Edwards,  for  assisting  the  sergeant  at  arms, 

the  sum  of  four  dollars. 
Prot.  Episco-     The  additional  sum  of  fifty  dollars  for  the  use  of  the  Episco- 
pal church      p4ai  church. 

T.  Bryant  To  Thomas  Bryant,  sheriff  of  Peoria  county,  the   sum  of 

one  hundred  dollars,  for  apprehending  Wm.  B.  Thomson,  a 
convict  who  escaped  from  the   Penitentiary  in  1836,  and  de- 
livering him  to  the  warden  of  the  penitentiary  in  1839. 
P.  A.  Saun-       Sec.  12.     To  P.  A.  Saunders,  for  rent  for  a  room  for  the 
ders  '  clerks'  office  of  the  Supreme  court,  from  the  29th  of  July, 

1839,  at  the  rate  of  seven  dollars  per  month,  to  be  paid  on  the 
certificate  of  the  clerk  of  said  court. 
D.  Raggsdall       To  D.  Ragsdall  the  sum  of  sixteen  dollars,  for  four  days  ser- 
vices as  assistant  sergeant  at  arms  at  the  present  session. 


LAWS  OF  ILLINOIS.  85 

To  John  Williams,  for  fitting  up  room  for  the  sittings  of  j.  Williama 
the  Supreme  court,  twenty-five  dollars,  July  term. 

To  Mr.  Hough,  for  furnishing  coal  for  the  use  of  the  Su-  Mr  Hou(rh 
preme  court,  sixteen  dollars. 

The  Board  of  Public  Works  provided  for,  and  created  by 
the  provisions  of  an  act  to  provide  for  the  settlement  of  debts 
and  liabilities  incurred  on  account  of  Internal  Improvement,  No  ne     con_ 
in  the  State  of  Illinois,  passed   at  the  present  session  of  thetractstobeIet 
General  Assembly,  are  hereby  prohibited  from  letting  any  ad-  on  public 
ditional  contract  upon  any  rail  road,  turnpike  road,  or  river works" 
in  this  State,  until  further  authorized  by  law  so  to  do. 

Approved,  February  1,  1840. 


AN  ACT'authorizing  the  revaluation  of  sections  number  sixteen,  in  certain 

cases. 


In  force, 
Feb.  1,  1840. 


Sec.   1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  in  all  cases  where  a 
majority  of  the  inhabitants  of  any  township  in  this  State,, 
shall  be  of  opinion  that  section  number  sixteen,  or  any  part  haveberaTva- 
thereof,  has  been  valued  at  a  rate  so  high  as  to  prevent  the lued trio  high, 
sale  thereof,  and  shall  by  petition  set  forth  that  fact,  to  them*y  bc  rcva" 

*  •     1  I      •  Ill 

trustees  ol  said  township,  they  shall  cause  the  same  to  be  re- 
valued, and  re-offered  for  sale,  in  the  same  manner  as  though 
no  valuation  had  been  previously  had  thereon:  Provided, 
That  in  no  case  of  a  second  valuation,  shall  it  be  legal  to  fix 
the  value  thereof  below  the  rates  at  present  fixed  by  law;  this 
act  to  be  in  force  from  and  after  its  passage. 
Approved,  Feb.  1,  1840. 


When  lands 


lued. 


AN  ACT  to  resurvey  a  part  of  the  State  road  leading  from  Decatur  to      in  force 

Danville.  Feb.  1, 1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Henry  Zorgcs,  Eli- 
sha  Querry  and  Joseph  Spangler,  be,  and  they  are  hereby  ap-Com,rg  t0  re_ 
pointed  commissioners,  to  view,  mark,  and  relocate,  so  much  locate  road 
of  the  State  road,  leading  from  Decatur  to  Danville,  as  lies 
between  the  Sangamon  river  and  the  section  line  north  east 
of  the  residence  of  Guy  Helm. 

Sec.  2.  That  the  said  commissioners,  or  a  majority  of  them,  Time  &  place 
shall  meet  at  the  House  of  Guy  Helm,  on  the  first  Monday  of  meeting. 
of  April,  or   within  six  months  thereafter;  and  after  being 
sworn  before  some  justice  of  the  peace,  shall  proceed  to  view, 
mark,  and  relocate  said  road  on  the  most  eligible  ground. 

Approved,  Feb.  1,  1S40. 


86  LAWS  OF  ILLINOIS. 

In  force,  AN  ACT  in  relation  to'certain  roads  in  Greene  county. 

Feb.  1,  1840. 

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

represented  in  the  General  Assembly,  That  the  survey  and  loca- 

5?iS  !ro^ .    tion  of  the  road  from  White  Hall  to  the  Illinois  river,  as  loca- 
Whitehall    to  ,    ,  ,        ,       ~  .     .  .     ,   ,         ,        „  .  '     ,,       , 

Illinois  river,  ted  by  the  Commissioners  appointed  under  "An  act  autnonz- 

valid  ing  the  county  cmmissioners'  court  to  construct  certain  roads 

in  Greene  county,"  approved  March  2,  1839,  shall  be  deemed 

as  good  and  valid  as  il  the  same  had  been  done  according  to 

the  provisions  of  the  above  recited  act. 

Sec  2.  The  roads  mentioned  in  the  aforesaid  act  shall  be 
deemed  State  roads,  and  kept  in  repair  as  other  State  roads 
are. 

Approved,  February  1, 1840. 


In  force       ^N  ACT  changing  the  times  of  holding  circuit  courts  in  Jersey,  Cass,  and 
Jan.  30,  1840.  Scott  counties. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  Slate  of  Illinois, 
represented  in  the   General  Assembly,  That  the  times  of  hold- 
ing the  circuit  courts  in   the  counties  of  Jersey,  Cass,  and 
Scott,  shall  hereafter  be  as  follows: 
Times  of         In  the  county  of  Jersey,  on  the  Thursdays  before  the  first 

^61jen|courts  Mondays  in  May  and  November. 

Cass.ISey"  1°  the   county  of  Cass,  on  the  Thursdays  before  the  fourth 

Mondays  in  May, and  first  Mondays  in  October. 

SCott.  In  the  county  of  Scott,  on  the  fourth  Monday  in  May,  and 

first  Mondays  in   October;  and  all  causes  depending  in  said 
courts  respectively,  shall  stand  for  trial  at  the  terms  aforesaid, 

Return  of       and  ail  process  which  has  been  or  may  be  issued,  returnable  to 

process.  ^e  terms  as  heretofore  fixed   by  law,  shall  be   deemed  and 

held  to  be  returnable,  at  the  terms  fixed  by  this  act,  and  all 
recognizances  or  obligations  required  to  be  complied  with  in 
the  said  courts,  at  the  terms  heretofore  provided  for,  shall  be 
deemed  and  held  as  recognizances  or  obligations  to  be  com- 
plied with  at  the  terms  fixed  by  this  act. 
Approved,  January  30ih,  1840. 


,      ,  AN  ACT  relating  to  certain  records  in  the  counties  of  Franklin,   William- 

in    iorce,  g        Morgan,  and  Cass. 

Jan-  30,  1840.  ,  707 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
Records  of  represented  in  the  General  Assembly,  That  the  county  commis- 
Franklin.  si0ners'  court  of  Franklin  county,  be,  and  they  are  hereby  au- 
thorized to  contract  with  any  suitable  person,  for  the 
transcribing,  into  suitable  books,  all  deeds  and  other  instru- 
ments of  writing,  heretofore  recorded  in  said  recorder's  office, 
and  that  they  be  allowed  to  pay  such  person  a  reasonable 
compensation  /or  his  services. 


LAWS  OF  ILLINOIS.  87 

Sec.  2.  The  county  commissioners'  courts,  of  the  counties  Williamson 
of  Williamson,  and  Cass,  be,  and  they  are  hereby,  anthorized a         S8- 
to  contract  with  any  suitable  persons  to  transcribe,  into  suitable 
books  for  that  purpose,  all  deeds,  and  ether  instruments  of  writ- 
ing, heretofore  recorded  in  the  recorder's  office  of  the  counties 
of  Franklin  and  Morgan,  which  in  any  wise  affect  the  interest,  Franklin  and 
or  belong  to,  the  counties  of  Williamson  and  Cass,  and  that  MovSan- 
they  pay  such  persons  a  reasonable  compensation  lor  their 
services. 

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

Approved,  January  30th,  1S40. 


AN  ACT  fixing  the  time  of  holding  the  Summer  term  of  the  Supreme  Court.       In  force, 

Feb.  lst,1840. 

Sec.   1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois,  Summer  term 
represented  in  the  General  Assembly,  That  hereafter  the  sum-     suPreme 
mer  term  of  the  Supreme  Court  shall  commence  on  the  first 
Monday  in  June,  in  each  year,  and  all  parts  of  laws  inconsist- 
ent with  this  act  are  hereby  repealed.  Laws  repeal- 

Approved,  February  1st,  1840. 


AN  ACT  in  relation  to  the  county  of  Williamson.  jn    force 

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

represented  in  the  General  Assembly,  That  the  Secretary  of  tary  of  State 
State  be  required  to  furnish  to  the  judge  of  the  third  judicial 
circuit,  and  to  the  clerk  of  the  circuit  court  of  the  counties  of 
Franklin  and  Williamson,  a  certiiied  copy  of  a  law  passed  at 
the  present  session,  entitled  "an  act  to  amend  an  act  to  amend 
an  act  establishing  the  county  of  Williamson." 

Sec  2.  The  judge  of  the  third  judicial  circuit    is  hereby  Judge  of  3d 
required  to  hold  courts  in  the  county  of  Williamson,  at  the  JjjJJJjJjJ  X^l\- 
town  of  Marion,  in  pursuance  of  law.  liamson 

Approved,  January  31stj  1S40. 


AN  ACT  requiring  School  Commissioners  to  distribute  school  funds  at  the      In    force, 
county  seats.  Jan  31,  1840. 

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  School  Commissioners  of  the  several  counties  of  this 
State,  to  distribute  the  school  funds  to  the  teachers  and  treasu- 
rers of  townships,  in  their  respective  counties,  at  the  county 
seats  of  said  counties:  And  it  shall  also  be  the  duty  of  said 
commissioners,  to  give  four  weeks  public  notice  of  the  time  of 
making  such  distribution. 

Approved,  January  31st,  1840. 


ss 


LAWS  OF  ILLINOIS. 


In    force, 
March  1,1840. 
Time  of  hold' 
ins.'  courts  in 


Stephenson 

Winnebago 

Boone 

Lee 

Whiteside 

Rock  Island 

Carroll 

Jo  Daviess 

Writs  and 
process 


AN  ACT  fixing  the  times  of  holding  Courts  in  the  Sixth  Judicial  Circuit. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois^ 
represented  in  the  General  Assembly.  That  the  circuit  courts  of 
the  several  counties  composing  the  sixth  judicial  circuit,  b.3re- 
inafter  named,  shall  be  holden  at  the  county  seat  of  said  coun- 
ties at  the  times  following: 

In  the  county  of  Stephenson,  on  the  first  Mondays  in  April 
and  September. 

In  the  county  of  Winnebago,  on  the  Thursdays  after  the  first 
Mondays  in  April  and  September. 

In  the  county  of  Boone,  on  the  first  Thursdays  after  the 
second  Mondays  in  April  and  September. 

In  the  county  of  Lee,  on  the  third  Mondays  in  April  and 
September. 

In  the  county  of  Whiteside  on  the  first  Thursdays  after  the 
third  Mondays  in  April  and  September. 

In  the  county  of  Rock  Island,  on  the  fourth  Mondays  [in] 
April  and  September. 

In  the  county  of  Carroll  on  the  next  Mondays  after  the  fourth 
Mondays  in  April  and  September. 

In  the  county  of  Jo  Daviess,  on  the  second  Mondays  in  May, 
October,  and  February. 

Sec.  2.  All  writs,  subpoenas,  and  other  process,  which  may 
be  issued  and  made  returnable  to  the  terms  of  courts  in  said 
circuit,  as  heretofore  required  to  be  holden,  shall  be  deemed 
and  taken  to  be  returnable  to  said  courts,  as  required  to  be 
holden  under  this  act;  and  all  proceedings  pending  in  any  of 
said  courts,  shall  be  taken  up  and  disposed  of  according  to  law, 
as  'f  no  alteration  had  been  made  in  the  times  of  holding  said 
courts. 

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

Approved,  January  29th,  1840. 


In   force,      AN  ACT  to  amend  "An  act  establishing  the  county  of  Williamson,"  ap- 
Jan.  18,  1810.  proved  February  28,  1839. 


Williamson 
attached  3d 
judicial  cir- 
cuit 

Duty  of  judge 
to  hold   court 
in 
Time  of  court 


Duty  of  audit- 
or   to    pay 
school  fund  to 
Williamson 
county 


Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  county  of  Wil- 
liamson be  attached  to,  and  form  a  part  of,  the  third  judicial 
circuit  of  the  State  of  Illinois,  and  the  Judge  of  said  circuit  is 
hereby  required  to  appoint  a  circuit  clerk  in  said  county,  and 
to  hold  circuit  courts  in  said  county,  on  the  Monday  after  the 
circuit  court  in  the  county  of  Johnson,  until  otherwise  di- 
rected. 

Sec  2.  Until  a  new  apportionment  is  made,  the  Auditor  of 
Public  Accounts  shall  issue  his  warrant  in  favor  of  the  School 
Commissioner  and  agent  for  the  inhabitants  of  Williamson 
county,  for  one-half  of  the  distributive  share  of  the  school  fund, 


LAWS  OF  ILLINOIS.  89 

belonging  to  the  comity  of  Franklin,  under  the  last  appor- 
tionment. 

Sec.  3.  The  county  of  Franklin  and  Williamson,  at  the  Election  for 
next  general  election  for  Senator  and  Representatives  to  the  ^"atur  ^nci 
General  Assembly,  shall  each  be  entitled  to  elect  one  Repre-  tives 
sentative,  and  the  county  of  Williamson  shall  vote  with  the 
counties  of  Franklin  and  Jackson,  for  Senator;  and  the  clerk  Duty  of  clerk 
of  Williamson  county  shall  be  required  to  perform  all  the  duties  of  Williamson 
in  relation  to  such  election,  as  is  required  of  the  county  clerk  of  eie'Ctions° 
the  county  of  Jackson. 

Sec  4.  The  official   acts  of  all  officers  rendering  services  Acts  of  officers 
in  their  official  capacities,  in  the  counties  of  Williamson  and    s 
Franklin,  since  the  first  Monday  in  August  last,  are  hereby  de- 
clared lo  be  legal  as  though  no  division  had  taken  place;  and 
the  election  of  all  officers  which  took  place  in  the  counties  of 
Williamson  and  Franklin,  on  the  first  Monday  in  August  last,Ele.ctIonsle- 
is  hereby  legalized,  and  commissions  required  to  be  issued  ac- ga  lze 
cordingly:  and  the  clerk  of  the  county  commissioners'  court  of  Duty  of  cl.erk 
Franklin  county,  is  hereby  required  to  hand  over  to  the  coun-COUQty 
ty  clerk  of  Williamson  county,  all  bonds  which  he  may  <have 
received  of  officers  elected  in  the  county  of  Williamson,  at  such 
election,  and  said  bonds  shall    be  filed  in  the  clerk;s  office  of  Bondsofoffi- 
said  county,  and  be  in  force  as  though  they  were  given  to  such  oers 
clerk. 

Sec  5.  The  act  establishing  Frankfort  the  county  seat  of  Act  repealed 
Franklin  coun'y,  is  hereby  repealed. 

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

Approved,  January  18th,  1840. 


AN  ACT  exempting  certain  articles  from  execution,  in  addition  to  those     In    force. 

already  exempt  by  the  laws  of  this  State.  June  1,  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  Property  ex- 
represenied  in  the  General  Assembly,  That  each  person,  being  empt  from  ex- 
the  head  of  a  family,  and  residing  with  the  same,  shall  retain, ecutlon 
exempt  from  execution,  in  addition  to  the  property  now  exempt 
by  the  laws  of  this  State,  one  horse,  or  yoke  of  oxen,  not  ex- 
ceeding in    value    sixty  dollars:  Provided,  Such  head  of  a  Proviso 
family  shall  follow  the  cultivation  of  the  soil,  for  the  maintain- 
ance  of  himself  and  family,  or  should  such  head  of  a  family  be 
a  mechanic,  and  follow  the  art  of  his  profession,  for  the  inain- 
tainancc    of  himself  and  family,  such  mechanic  shall  retain 
sixty  dollars  worth  of  tools  suited  to  his  profession. 

Sec.  "2.  Should  any  disagreement  arise  between  any  officer  Appraisement 
and  defendant  in  execution,  about  and   concerning  the  value  °f  property 
of  any  species  of  property  allowed  by  the  first  section  of  this 
act,  it  shall  be  the  duty  of  such  officer  forthwith  to  summon  two 
disinterested  householders,  who,  after  being  duly  sworn  by 
some  justice  of  the  peace,  shall  proceed  to  appraise  said  pro- 


90  LAWS  OF  ILLINOIS. 

pertv,  as  each  defendant  may  select,  as  mentioned  in  the  first 
section  of  this  act,  not  exceeding   in  valuation   sixty    dollars. 
This  law  to  take  an  effect  upon  all  contracts,  or  cause  of 
actions,  accruing  from  and  after  the  first  day  of  June  next. 
Approved,  February  1st,  1840. 


In    force,      AN  ACT  fixing  the  times  of  holding  the  spring  terms  of  the  circuit    courts 
Jan.  29,  1840.     in  the  counties  of  Coles  anil  Champaign,   and  authorizing  an  additional 
term  of  the  circuit  courts  of  Vermilion  and  Edgar  counties. 

Spring  terms       Sec.   1.  Be  it  enacted  by  the  People  of  the  State  oj  Illinois, 
ot   courts    in  represented  in  the  General  Assembly,  That  the  spring  terms  of 
Champaign     the  circuit  courts,  for  the  counties  of  Coles  and   Champaign, 
shall  be  commenced   at  the  times  hereinafter  specified,  and 
Exceptions     shall  continue  to  be  held  from  day  to  day,  (Sundays  excepted) 
until  the  business  shall  be  disposed  of,  unless  it  shall  be  neces- 
sary to  close  the  term   to  enable  the  judge  to   attend  in  the 
next  county  to  hold  court,  viz:  in  the  county  of  Coles,  on  the 
Time  of  courts  third  Monday  in  the  month  of  March;  in  the  county  of  Cham- 
paign on  Wednesday  before  the  first  Monday  in  June. 
mrnabfe  ^         ^Ec*  ^'  ^  process,  suits,  and  recognizances,  which  have 
been,  or  may  be,  entered  into,  and   made  returnable,  to    the 
said  courts  as  at  present  arranged,  shall  be  taken  and  consid- 
ered to  be  returnable  to  the  terms  fixed   by  this  act,  and  all 
proceedings,  either  civil  or  criminal,  which  are  now  pending, 
shall  be  taken  up  and  disposed  of  according  to  law,  in  the 
same  way  as  if  no  alteration  had  been  made  in  the   times  of 
holding  such  courts. 
Additional  gEC#  3.  There  shall  be  an  additional  term  of  the  circuit  court 

in^Vemiilion  ^c^  annually,  in  the  counties  of  Vermilion  and  Edgar,  at  the 
and  Edgar      times  herein  directed,  viz:  In  the  county  of  Vermilion,  on  the 
first  Monday  in  June,  and  in  the  county  of  Edgar  on  the  sec- 
ond Monday  of  June. 

Sec.  4.  This  act  repeals  all  acts  and  parts  of  acts   coming 
Acts  repealed  within  its  provisions,  and  shall  be  in  force  from  and  after  its 
passage. 

Approved,  January  29th.  1840. 


In  force,       AN  ACT  to  amend  an  act  entitled   an  act  to   amend   the   several  acts  in 
Jan.  18,  1840.  relation  to  common  schools,  approved   March  4, 1837. 

Part  of  act  re-      Sec.  1.  Be  it  enacted  by  the  People  of  the  Stale  of  Illinois, 
pealed  represented  in  the  General  Assembly,  That  so  much  of  the  act 

entitled  "an  act  to  amend  the  several  acts  in  relation  to  com- 
mon schools,'- as.rcquires  two-thirds  of  [the]  votes  to  be  in  favor 
of  beccoming  incorporated,  is  hereby  repealed:  And  hereafter 
it  shall  only  be  necessary  for  a  majority  of  the  legal  voters  of 
any  township  in  this  State,  to  vote  for  becoming  incc.-f  orated, 


LAWS  OF  ILLINOIS.  91 

to  entitle  them  to  all  the  provisions  of  the  act  to  which  this  is 
an  amendment. 

Approved,  January  18th,  1840. 


AN  ACT  to  authorize  and  require  the  school  commissioner  of   Sangamon      In    force, 
county   to   pay  over  certain  school  funds  to  the  school  commissioners  of  Jan-  28,  1840. 
Menard,  Logan,  and  Dane  counties.  , 

Sec.   1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois-,  Commissioner 
represented  in  the  General  Assembly,  That  as  soon  as  the  school  of  Sang  iuihd 
commissioners  of  Menard,  Logan,  and  Dane  counties,  shall ieaat(J^eiMud" 
enter  into  bond  with  the  county  courts  of  their  respective  coun-&c 
ties,  for  the  proper  discharge  of  their   duties,   and  present   a 
certificate  of  the  county   clerks  of  their  respective  counties, 
certifying  to  the  facts  of  their  having  been  thus  authorized  to 
receive   said    funds,  the  school  commissioner  of  Sangamon 
county,  be,  and  he  is  hereby,  required  to  pay  over  the  town- 
ship funds  belonging  to  the  several  townships  within  the  limits 
of  the  counties  of  Menard,  Logan,  and  Dane. 

Sec.  2.  The    Auditor  of  Public  Accounts  shall  apportion  Duty  of  audit- 

the  funds  to  be  distributed  on  the   first  Monday  in  January01" 

next  for  the  use  of  schools  in  Sangamon  county,  in  the  follow- „        ..  „ 

i  i         liii   Proportions 

ing  proportions,  to  wit:  to  Menard  county,  five  hundred  dol-to  counties 

lars;  to  Logan  county,  two  hundred  and  fifty  dollars;  to  Dane 

county,  two  hundred  and  fifty  dollars. 

Sec.  3.  All  abstracts  and  schedules,  and  other  useful  papers,  Schedules, 
comprising  maps,  reports  of  trustees,  and  all  other  useful  pa- m^ps'reports'' 
pers  that  have  been,  or  may  hereafter  be,  presented  to  the 
school  commissioner  of  Sangamon  county,  that  properly  be- 
long to  any  and  all  of  the  several  townships  within  the  limits  of 
the  counties  mentioned  in  the  first  section  of  this  act,  shall  be 
furnished  to  the  proper  commissioners,  on  or  before  the  thirti- 
eth day  of  December,  1839,  if  application  be  made  for  the 
same. 

Sec.  4.  It  shall  be  lawful,  hereafter,  for  the  county   courts New  counties 
of  all  new  counties,  formed,  or  to  be  formed,  in  this  State,  after  School*com- 
the  organization  required  by  law,  to  appoint  a  school  commis-  missioners 
sioner;  and  said  commissioner,  on  producing  evidence  of  his 
appointment,  as  required  by  the  first  section  of  this  act,  is 
hereby  authorized  to  demand,  sue  for,  and  receive  from,  the 
county  or  counties  from  which  the  same  shall  have  been  tak- 
en, or  out  of  which  such  new  county,  was,  or  may  be,  formed, 
all  moneys,  papers,  or  other  valuable  things,  that  of  right  be- 
long to  the  inhabitants  of  said  new  county. 

Sec.  5.  The  school  commissioners  of  Menard,  Logan,  andScnec1ules,&c 
Dane  counties,  shall  be  allowed  to  receive  schedules  and  ab-  ofMenard'&« 
stracts  of  schools,  up  to  the  second  Monday  of  Januaiy  next,-  and 
they  shall  also  be  allowed  the  further  time  of  one  week  to  pre- 
pare for  paying  claims,  but  nothing  herein  contained  shall  be 


92  LAWS  OF  ILLINOIS. 

so  construed  as  to  delay  paymenters  long*;than  the  third  Mon- 
day of  January,  A.  D.  1840. 
Commissioner      Sec.  6.  That  the  school  commissioner  of  Schuyler  county, 
of  Schuyler t0  Illinois,  shall  be  required  to  withhold  payment  of  any  part  of 
money  till       that  portion  of  the  interest  on  the  school,  college,  and  semina- 
commissioner  ry  fund,  drawn  by  said  commissioner  for  the  use  of  schools  of 
of  Brown ishall  sa^  COunty,  for  the  year  eighteen  hundred  and  thirty-nine, 
until  the  school  commissioner  of  the  county  of  Brown,  shall 
present  the  schedules  o'f  teachers  of  schools  in  the  said  county 
of  Brown,  which  may  be  made  out  according  to  law,  and  the 
said  commissioner  of  Schuyler  shall  then  apportion  the  said 
fund  amongst  the  several  teachers  of  both  [of  J  said   counties, 
as  the  law  required  previous  to  the  creation  of  the  county  of 
Proviso  Brown:   Provided,   The  school  commissioner  of  Bi own  county 

shall  present  said  schedules  to  the  commissioner  of  Schuyler 
county,  on  or  before  the  first  day  of  June  next. 
County  school      Sec.  7.  That  the  school  commissioner  of  Schuyler  county 
fund  ot  Brown  s}la}|   De  required  to  settle  with,  and  pay  over  to,  the  school 
commissioner  of  Brown  county,  such  portion  of  any  county 
school  fund,  which  may  be  in  his  hands,  to  which  the  county 
of  Brown  may  be   equitably  entitled,  in  consequence  of  the 
division  of  the  said  county  of  Schuyler:  and  that  the  data  by 
which,  the  apportionment  and  division  of  any  such  fund  shall 
be  made,  shall  be  fixed  upon  by  the  two  commissioners  of  said 
counties,  and  in  case  of  their  disagreement,  it  shall  be  appor- 
tioned according  to  the  number  of  the  votes  polled  for  the  can- 
didates for  Congress,  within  the  limits  of  said  counties,  in  the 
year 1S37. 
Com'r  of  Put-      Sec.  8.  The  school  commissioner  of  the  county  of  Putnam 
nam  to  pay     is  hereby  required  to  pay  over  to  the  school  commissioners  of 
shS'l'an?1"  ^C  counties  of  Marshall  and  Stark,  the  one  half  of  the  annual 
Stark  interest  received  by  him,  from  the  State  treasury,  on  the  col- 

lege, school,  and  seminary  funds  (after  first  deducting  the 
Am't  to  Bu-  -m0unt  required  by  law  to  be  paid  to  the  county  of  Bureau) 
in  the  following  proportion,  to  wit:  to  the  county  of  Marshall, 
one-third  part;  and  to  the  county  of  Stark,  one-sixth  part  of 
the  whole  remaining  fund,  as  aforesaid.  The  distributions 
and  divisions  authorized  by  this  act,  to  continue  to  be  made  as 
aforesaid,  until  a  distribution  is  made  under  the  next  census. 
Approved,  January  27th,  1840. 


reau 


In    force,      AN  ACT  to  provide  for  holding  an  addiiional  term  of  the   circuit  court  in 
Jan.  29,  1840.  the  county  of  Peoria. 

Spring  term  of     sEC#  \    j$0  jt  enacteci  ty  fhe  pe0ple  of  the  State  of  Illinois, 

BeKtib  coun-rePresented  in  the  General  Assembly,  That  the  spring  term  of 

tj  the  circuit  court  in  the  county  of  De  Kalb,  shall  be  held  on  the 

first  Monday  in  June  annually,  and  all  writs  and  other  process 

which  may  be  issued  and  made  returnable,  at  the  term  of  said 


LAWS  OF  ILLINOIS.  93 

court  as  heretofore  required  to  be  holdcn,  shall  be  deemed 
and  taken  to  be  returnable  to  the  said  term  as  required  to  be 
held  by  the  provisions  of  this  act. 

Sec.  2.  In  addition  to  the  regular  terms  of  the  circuit  court  Additional 
in  the  ninth  judicial  circuit,  there  shall  be  held,  in  the  county*^.™8^"^ 
of  Kane,  a  term  of  said  court,  on  the  second  Monday  in  July,  Kane  and  Pe- 
and  in  the  county  of  Peoria,  on  the  fourth  Monday  in  July,oria 
annually. 

Approved,  January  29th,  1840. 


AN  ACT  to  provide  for  the  settlement  of  debts  and   liabilities  incurred  on      jn  force 

account  of  Internal  Improvements  in  the  State  of  Illinois.  Yeb  1st   1840 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  One  Fund 
represented  in  the  General  Assembly,  That  there  shall  be  elect-  Commissioner 
ed  by  the  joint  vote  of  the  two  Houses  of  the  present  General tobe  elected 
Assembly,  and  by  each  regular  General  Assembly  hereafter, 
one  Fund  Commissioner,  who  shall  give  bond  and  qualify,  in 
the  same  manner  that  Fund  Commissioners  were  required    to 
give  bond  and  qualify,  by  and  under  the  provisions  of  an    act, 
entitled  "an  act  to  establish  and  maintain  a  general  system  of 
Internal  Improvements,  passed  27th  February,  1837,"  and  the 
acts  supplemental  and  amendatory  thereto,  and  who  shall  per-  Duties 
form  the  same  duties  that  were  required  to  be  performed    by 
the  Fund  Commissioners,  under  the  provisions  of  the  laws 
aforesaid,  except  that  he  shall  not  be  authorized  to  sell  State 
bonds,  or  borrow  money  on  behalf  of  the  State,  unless  hereaf- 
ter authorized  by  law.     It  shall  be  the  duty  of  the  Fund  Com- 
missioner to  receive    all  Iron  which  may  have  been  purchased 
for  the  use  of  the  State  of  Illinois,  at  whatever  port  landed  in 
the  United  States;  and  to  provide  for  its  transportation  to  the 
State  of  Illinois;  and  to  pay  all  duties,  or  execute  bonds  there- 
for, in  conformity  with  the  several  laws  of  Congress,  relating  to 
railroad  iron,  freight  and  charges  upon  the  same;  and  to  enable 
the  fund  commissioner  to  make  such  payments,  it  shall  be  law-  When  State 
ful  for  him  to  dispose  of  State  bonds  to  an  amount  sufficient  tobonds  may  be 
pay  such  charges,  being  governed  in  the  sale  and  disposal  of9old 
such  bonds,  by  the  provisions  of  an  act  entitled  an    act    to 
establish  and  maintain  a  general  system  of  Internal  Improve- 
ments:   Provided,  That  if  there  shall  be  a  sufficient  amount  Proviso 
of  the  money  borrowed  on  account  of  the  Internal  Improve- 
ment system  on  hand,  to  pay  said  charges,  the  Fund  Commis- 
sioner shall  apply  such  money  to  such  payment,  and  shall  not 
make  sale  of  State  bonds  for  that  purpose. 

Sec  2.  There  shall  be  elected,  by  the  joint  vote  of  theThreeCom- 
present  General  Assembly,  and  by  each  regular  General  As- missioners  of 
sembly  hereafter,  three  commissioners,  to  be  styled  the  Board  Public  Works 
of  Public  Works,  who  shall  give  bond  and  qualify  in  the  same 
manner  that  the  commissioners  of  the  Board  of  Public  Works 


94  LAWS  OF  ILLINOIS. 

were  required  to  give  bonds  and  qualify,  by  and  under  the 
provisions  of  an  act  entitled  "an  act  to  establish  and  maintain 
a  general  system  of  Internal  Improvements,"  passed  the  27th 
February,  1837,  and  the  several  acts  supplemental  and 
amendatory  thereto,  and  who  shall  continue  in  office  until 
the  first  day  of  January,  1841,  and  until  their  successors  are 
elected  and  qualified. 
Duties  Sec.  3.  The  said  Board  of  Public  Works  shall  keep  their 

May  employ   office  in  the  town  of  Springfield,  and  may  employ  in  their  said 
'  ecretai3r        office   one  clerk  or  secretary,  at  the  cost  of  the  State,  whose 
duty  it  shall  be  to  keep  the  accounts,  and  to  keep  a  fair  regis- 
ter ofthe  actings  and    doings   of  the   said  Board  of  Public 
Works. 
Term  of  office      §EC^  4    ^he  officers  elected  under  the  provisions  of  this  act 
shall  hold  their  offices  until  the  first  day  of  January,  eighteen 
hundred  and  forty-one,  and  until  their  successors  are  elected 
and  qualified,  and  the  said  Fund  Commissioner  and  members 
of  the  Board  of  Public  Works,  shall  each  receive  the  sum  of 
Pay  of  Com- four  dollars  for  each  day  they  may  actually  be  employed,  and 
missumers       ^q\\  not  ^e  ent^je(j  to   any  compensation   for  travelling  ex- 
penses or  other  contingencies. 
Duty  of  late         Sec.  5.  It  shall  be  the  duty  of  the  late  Board  of  Commissioners 
]bi°aiorklPUb"of  Pubhc  Works   forthwith  to  deliver  up  to  the  Board  of  Pub- 
lic Works,  all  books,  records,  maps,  drawings,  and  papers  of 
every  kind  and  description  pertaining  to  their  office,   and  all 
property  of  every  kind  and  description,  in  their  possession,  or 
under  their  control,  which  belongs  to  the  State. 
What  proper-      Sec.  6.  The  Board  of  Public  Works  shall  dispose   of  such 
ty    of    Sfue  property  belonging  to  the  State  as  is  not  wanted  for  immediate 
XbediSP°S~use>  and  is  [as]  will  be  subject  to  waste  or  depreciation   by 
keeping,  and  account  to  the  State  (or  the  proceeds  ofthe  same, 
and  shall,  to  the  best  of  their  ability,  protect  the  various  pub- 
lic works  of  the  State  from  dilapidation  or  decay. 
Governor  to         Sec  7.  Should  a  vacancy  occur,  during  the  recess  of  the 
fill  vacancies  General  Assembly,  in  the  office  of  Fund  Commissioner,  or 
Board  of  Public  Works,  the  Governor  shall  fill  such  vacancy 
by  appointment,  which  shall  expire    at  the  time  then  next 
ensuing  for  the    election   for   such   officer,   or  at  the  end  of 
the  next  session  of  the  General  Assembly,  whichever  shall 
Proviso  first  occur:  Provided,  The    appointment   of  such  officer  shall 

not  expire  until  his  successor  shall  be  elected  and  qualified. 

40thsectionof     Sec.  8.  The  fortieth  section  of  the    act   to  establish  and 

act  revived      mamtain  a  general  system  of  Internal  Improvement,  approved 

27th  February,  1837,  is  hereby   revived,  and  declared  to  be 

in    full    force  and  effect,  any  law  repealing  or   suspending 

said  act  to  the  contrary  notwithstanding. 

Board,  how         Sec.  9.  The  Board  of  Public  Works,   in   making   setttle- 

g-overned  in   menr,g  with   contractors,  and  others,  and  in   superintending, 

s^tcdements'     managing,  keeping  in  repair  and  operations,  such    works  as 

may  be  completed,  shall  be  governed  in  all   respects  by  the 

act  entitled  "an  act  to  establish  and  maintain  a  general  sys- 


LAWS  OF  ILLINOIS.  95 

tern  of  Internal  Improvements,"  passed  27th  February,  1837, 
and  the  several  laws  supplemental  and  amendatory  thereto, 
and  all  parts  of  said  laws  which  impose  fines,  forfeitures,  and 
penalties,  for  injuries  to  the  public  works,  or  fcr  any  oth- 
er cause,  and  which  prescribes  the  mode  and  manner  of  col- 
lecting such  fines  and  forfeitures,  and  imposing  penalties,  are 
hereby  revived,  and  continued  in  full  force  and  effect. 

Sec.  10.  The  Board  of  Public  Works  shall  cause  the  amount  Amount  due 
due  to  contractors  to  be  estimated,  including  the  back  per  cent-  contractol's 
age,  heretofore  retained,  and  sholl  give  a  draft  therefore  [there- 
tor]  on  the  Fund  Commissioner,  and  in  case  of  disagreement 
between  the  Acting  Commissioner  and  the  contractor,  then 
the  matter  in  dispute  shall  be  referred  to  the  Board,  when 
in  session,  u  hose  decision  shall  be  final  in  the   case.     And  if  Decision  ef 
any  contractor,  or  contractors,  shall  claim  any  amount  from  board  final 
the  State,  over  and  above  the  retained  per  centage,  for  dama- 
ges on  his  contract,  such  claim  for  damages  shall   be  decided 
by  the  Board,  when  in  session,  and  they  shall  issue  a  draft  in 
favor  of  such  contractor,   for  the   amount  allowed ;  and  the 
decision  of  the  Board  on  the  claim  of  such  contractor,  shall  be 
final.     The  Board  of  Public  Works  shall  also  settle  and  adjust 
all  dues  and  liabilities  of  every  kind,  due   and  owing  from  the  Dues  and  Ha- 
thc  State,  under  the  provisions  of  the  act  to  establish  and  main-  bilitiea  to  be 
tain  a  general  system  of   Internal  Improvements,  approved sett  e 
27th  February,  1837,  and  the  acts  supplemental  and  amenda- 
tory thereto,  and  give  drafts  for  the  amount  so  settled  and 
adjusted,  on  the  Fund   Commissioner;  and  when  any  person 
shall  receive  drafts,  under  the   provisions  of  this  section,  his  Drafts  given 
contract  shall  be  cancelled.  in  settlement 

Sec  11.  All  drafts  drawn   by  the  Commissioners  of  the  Drafts  drawn 
Board  of  Public  Works,  on  the  Fund  Commissioner,  if  not  paid  on  fund  com- 
within  thirty  days,  shall  bear  six  percent,  interest  per  annum,  "yj^01!61, 
from  date;  and  all  drafts  heretofore  drawn  by  any  member  of  interest 
the  former  Board  of  Public  Works,  on  the  former  Board  of 
Fund  Commissioners,  and  which  have  not  been  paid,  shall  bear 
the  same  interest  from  their  respective  dates;  and  in  all  cases 
where  the  Fund  Commissioners,  in  making  payments  on  spe- 
cial drafts,  cannot  pay  off  the  whole  amount  of  said  drafts,  it 
shall  be  lawful  for  him  to  endorse  the   amount  paid,  on   the  Endorsements 
back  of  said  draft.  on  drafts 

Sec  12.  The  Board  of  Public  Worksshall  pay  off,  and  dis- 
charge, all  engineers  and  agents  now  in  employment,  whose 
services  are  not  indispensable  to  assist  them  to  ascertain  the 
amount  due  to  contractors,  and  so  soon  as  their  services  can 
be  dispensed  with  they  shall  also  be  discharged. 

Sec  13.  The  Board  of  Public  Works  shall  have  power  to  Management 
provide  for  the  security,  and  successful  management  and  ope- of  railroads 
ration  of  such  parts  of  the  railroads  as  are  already  completed, 
and  may  fix  and    establish  the  rates  of  toll  to   be  collected 
therefrom,  and  provide  for  the  faithful  collection  thereof,  and 
for  the  payment  of  the  amounts  collected,  to  the  Fund  Com- 


96  *  LAWS  OF  ILLINOIS. 

Fines  for  not  missioner,  and  any  person  refusing  to  pay  the  established  tolls, 
paying  tolls    shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  shall  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars. 
Fundcommis-      Sec.  14.  The  Fund  Commissioner  shall  be,  and  is  authoriz- 
sionei-mayre-e(]j  and  required  to  take,  and  receive  back,  any  and  all  State 
ceiyeback       Donds  heretofore  sold  to  any  person,  firm,  or  corpoiation,  who 
have  failed,  or  may  hereafter  fail,  to  comply  with  their  con- 
tract, and  upon  the  reception  of  all  such  bonds  sold  them,  said 
commissioner  is  authorized  to   cancel  said  contracts,   and  the 
bonds  thus  returned   shall  be  burned    by  the   Fund  Commis- 
sioner, in  the  presence  of  ihe  Auditor  and  Treasurer  of  State; 
Bonds,  when  anc[  fae  pnn([  Commissioner  shall  make  and  keep  a   correct 
register  of  the  number,  amount,  and  disposition  made  of  all 
bonds  and  money  coming  to  his  hands. 
Settlement  of     Sec.  15.  The  Fund  Commissioner,  when  elected  and  quali- 

fanTTommis  fie(^'  shil11  audit  &lld  SCttle  *e  acC0Unts    of  the    late    Boa!'d  of 
sioners  Fund  Commissioners,  and   the  late  Board  of  Public  Works, 

and  of  each  member  of  said  Boards;  and,  in  case  any  mem- 
ber of  either  of  said  Boards,  or  of  former  Boards,  shall  be 
found  to  be  in  arrear  to  the  State,  he  shall  cause  suit  forth- 
with to  be  instituted  against  such  person. 
What  acts  re-  Sec.  16.  Sueh  parts  of  the  acts  to  establish  and  maintain 
vived  a  genera]  system  of  Internal  Improvement,    approved  Febru- 

ary 27th,  1837,  and  the  acts  supplemental  and  amendatory 
thereto,  as  are  necessary  to  enable  the  Fund  Commissioners 
and  Board  of  Public  Works  to  discharge  the  duties  imposed 
upon  them  by  this  act,  are  hereby  revived  for  the  purposes 
herein  defined,  and  no  other. 
Approved,  February  1st,  1840. 


In   force       AN  ACT  further  to  amend  the  several  acts  in  relation  to  common  schools 
Feb.  3d, 1840. 

Dutyoftreas-      Sec  1.  Bo  it  enacted  by  the  People  of the    State  of  Illinois, 
urers  of  town-  represented  in  the  General  Assembly,  That  in  making  out  the 
ships  in  mak-   .   t      t    required  by  the  fifteenth  section  of  the  act  of  March 
■g  tiubiraois  ^  xgifi,  entitled  "an  act  to  amend  the  several  acts  in  rela- 
tion to  common  schools,"  the  treasurer  of  townships  shall  state 
in  such  abstracts,  the  amount  of  compensation  earned  by  each 
teacher  named  in  such  abstracts,  within  the  time  comprised  in 
the  same;  and  the  school  commissioner  of  the  county   shall 
not  pay  more  than  one-half  of  such  compensation  from  the  in- 
terest of  the  school,  college,  and  seminary  funds. 
Scholars  in  Sec.  2.  In  all  cases  where  scholars  residing  in  an  unincorpo- 

unincorporat-  Tiite({  township,  shall  attend  aschool  taught  in  a  township  which 
cd  townships  hag  become  incorporated,  the  .teachers'  schedule,  comprising 
the  names  of  such  scholars,  shall  be  examined  and  certified  by 
the  trustees  of  the  township  in  which  the  school  is  kept,   and 
delivered  to  the  school  commissioner  of  the  county  in  which 


LAWS  OF  ILLINOIS.  97 

such  unincorporated  township,  or  the  larger  part  thereof,  is 
situated ;  and  such  school  commissioner  shall  pay  the  teacher 
of  such  scholars  a  distributive  share  of  the  interest  of  the 
school  fund  of  such  township. 

Sec.  3.  When  scholars,  residing  in  an  incorporated   town- Teachers  in 
ship,  attend  a  school  kept  in  a  township  which  is  not  incorpo-  uninoorporat- 
sated,  the  teacher's  schedule,  comprising  the  names  of  such  ec  tovras  1P3 
scholars,  shall  be  examined  and  certified  by  the  trustees  of 
the  school  which  such  scholars  attend,  and  delivered  to    the 
treasurer  of  the  township  in  which  such  scholars  reside,  and 
their  teacher  shall  be  entitled  to  receive  from  such  treasurer 
a  distributive  share  of  the  interest  of  the  school  fund  of  such 
township. 

Sec.  4.  Whenever  the  situation  of  the  settlements  is  such  School  dis- 
as  to  make  it  expedient  that  a  school  district  shall   comprise  !ricts  Qowpris- 
portions  of  two  or  more  incorporated   townships,  such  district  o^IIowdbM 
may  be  established,  and  its  boundaries  defined,  and  altered  by 
the  concurrent  action  of  the  trustees  of  the  several  townships 
in  which  such  school  district  is  comprised. 

Sec  5.  When  a  school  shall  consist  of  scholars  residing  in  Scholars  of 
two  or  more  counties,  separate  schedules  or  abstracts  shall  te  two  or  more 
made  and  returned  in  the  mode  heretofore  provided  by  law, counties 
to  the  school  commissioners  of  each  of  said  counties,  in  order 
to  entitle  the  teacher  to  a  share  of  the  interest  of  the  school, 
college,  and  seminary  funds  of  the  State. 

Sec.  6.  So  much  of  the  seventeenth  section  of  the  act  of.partof section 
March  4th,  1837,  entitled  "an  act  to  amend  the  several  acts  repealed 
in  relation  to  common  schools,"  as  requires  that  "the   appor- 
tionment of  money  shall  be  equalized  in   each  township,  by 
paying  to  every  teacher  the  same  rate  of  compensation,"   is 
hereby  repealed. 

Approved,  February  3d,  1840. 


AN  ACT  supplemental  to  an  act  to  authorize  and  require  the   school  com-     In    force, 
commissioner  of  Sangamon  county  to  pay  over  certain  school  funds   to  Feb.  3d,   1840 
the  school  commissioners  of  Menard,  Logan,  and  Dane  counties. 

Sec.  1.  Beit  enacted  by  the  People  of  the  State  of  Illinois,  Words  con- 
represented  in  the  General  Assembly,  That  the  words  "Janu-strued 
ary  next,"  in  the  second  and  third  lines  of  the  second  section 
of  the  act  to  which  this  is  supplemental,  shall  be  construed  to 
apply  to,  and  mean,  January,  1840.     And  the  Auditor   of  Duty  ofaudit. 
Public  Accounts,  and  the  school    commissioner  of  Sangamon  or  and  school 
county,  are  hereby  required  to  construe  the  act  to  which  this  commissioner 
is  supplemental,  as  applying  to  the  present  year,  and  not  to 
the  year  1841. 

Approved,  February  3d,  1840. 


98  LAWS  OF  ILLINOIS. 

In  force,       AN  ACT  to  abolish  the  Board  of  Commissioners  of  Public  Works,  and  the 
Feb.  1st,  1840  Board  of  Fund  Commissioners. 

Parts  of  acts  Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
repealed  represented  in  the  General  Assembly,  That  so  much  of  the  act 
entitled  an  act  to  establish  and  maintain  a  general  system  of 
Internal  Improvements,  passed  27th  of  February,  eighteen 
hundred  and  thirty-seven,  as  authorizes  the  establishment  of  a 
Board  of  Commissioners  of  Public  Works,  and  a  Board  of 
Fund  Commissioners,  shall  be,  and  the  same  is,  hereby  repeal- 
ed. 

Approved,  February  1st,  1840. 


In   force,  AN  ACT  for  the  relief  of  contractors  on  public  works  in  this  State. 

Feb.  3d,  1840 

Furd   com'r       Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 

may  sell  bonds  represented  in  the  General  Assembly,  That  in   case  sufficient 

iractorsCOn"    fun-ds  should  not  be  available,  from  loans  already  ncgociated, 

to  pay  the  contractors  on  the  Internal  Improvement  system, 

for  such  balances  as  may  be  found  due  them  for  work  already 

done,  that  the  Fund  Commissioner,  for  the  time  being,  are  [is] 

hereby  authorized  to  sell,  at  not  less  than  par,  sufficient  of  the 

State  bonds  to  pay  said  balances. 

Drafts  drawn       Sec.  2.  That  when  drafts  have  heretofore  been,  or  that 

by  board  P1^3-  hereafter  shall  be,  drawn  by  any  of  the   Commissioners  of  the 

fund   com'r    Board  of  Public  Works,  on  the  Fund  Commissioner,  for  balan- 

heretofore,  to  ces  due  contractors,  for  work  done  on  any  of  the  railroads  in 

be  taken  up    ^  gj-ate,  or  t0  anv  other  person  for  other  liabilities,  embraced  in 
and  new  drafts  '  /  ,  r     .        .  ri  i 

issued  to  bear  "an  act  to  establish  and  maintain  a  general  system  ot  Internal 

interest  Improvements,"  and  all  acts  supplementary  thereto,  and  those 

drafts  shall  not  have  been  paid  by  the  Fund  Commissioner,  it 
shall  be  the  duty  of  the  Commissioners  of  the  Board  of  Public 
Works  to  give  other  drafts  in  lieu  thereof,  drawing  interest  at 

Proriso  the  rate  of  six  per  cent,  per  annum:  Provided,  That  no  such 

renewed  or  substituted  draft  shall  be  for  a  less   sum  than  one 
hundred  dollars;  and  no  new  contracts  shall  hereafter  be  let 
out  by  the  Board  of  Public  Works. 
Approved,  February  3d,  1840. 


In  force,  AN  ACT  declaring  Fox  river  navigable. 

Jan. 15,   1840 

In  the  coun-  Sec.  I.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
ties  of  La  represented  in  the  General  Assembly,  That  the  Fox  river,  in  the 
andM'Henry  counties  of  La  Salle,  Kane,  and  McHenry,  from  the  conflu- 
from  Ottawa  ence  with  the  Illinois  river,  at  Ottawa,  to  the  northern  bound- 
to  northern  ary  0f  this  State,  is  hereby  declared  a  navigable  stream,  and 
shall  be  deemed  and  held  a  public  highway. 

This  act  shall  take  effect  from  and  after  its  passage. 
Approved,  January  15th,  1840. 


LAWS  OF  ILLINOIS.  99 

AN  ACT  for  the  relief  of  John  G.  McHatton.  In  force, 

Feb.    1,   1840 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
rcdresented  in  the  General  Assembly,  That  fifty-eight  dollars  be, 
and  the  said  is  hereby,  appropriated  to  John  G.  McHatton,  M5^Htott(^  G' 
sheriff  of  Schuyler  county:  it  being  the  amount  paid  by  the 
said  McHatton  for  the  apprehension  of  William  Frame,  who 
had  escaped  from  the  jail  of  the  said  county  of  Schuyler,  when 
he  was  confined  on  a  charge  of  murder,  and  of  which  charge 
he  was  afterwards  convicted  and  executed. 

Approved,  February  1,  1840. 


AN  ACT  supplemental  to  "An  act  to  authorize  the  inhabitants  of  Cahokia,      In  force, 
to  raise  a  levee  on  the  creek  bank  opposite  the  town  of  Cahokia.  Feb.  1,   1840. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  supervisor  au-  Supervise*  to 
thorized  to  be  elected  by  the  act  to  which  this  is  a  supplement, 
shall  be  elected  as  provided  in  said  act,  and  a  certificate  sign- 
ed by  the  judge  holding  the  election,  shall,  in  all  cases,  be 
sufficient  evidence  of  his  election. 

Sec.  2.  That  said  supervisor  shall  have  power  to  institute  Powers  of 
and  maintain  actions  of  trespass  in  any  court  having  jurisdic-super 
tion  of  the  same,  for  the  benefit   of  the  citizens  of  Cahokia, 
against  any  person  trespassing  on   the  commons  attached   to 
said  town. 

Sec.  3.  This  act  to  take  effect  from  and  after  its  passage. 

Approved,  February  1,  1840. 


AN  ACT  supplimental  to  "An  act  to  incorporate  the  Bainbridge  In  force, 

Academy,"  approved  March  2d  1839.  Feb.  1,  1840. 

Sec.  1.  Be   it  enacted  ty  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  treasurer  and  powers  of 
board  of  trustees  of  the  Bainbridge  Academy,  shall  have  all  Trustees 
the  privileges  given  to  the  treasurer  and  board  of  trustees  of 
incorporated   townships  under  the  act  to  amend  the  several 
"Acts   in  relation    to  common  schools,  approved  March  the 
fourth,  eighteen   hundred  and  thirty  seven:"  Provided,  That  Proviso 
the  treasurer  and  board  of  trustees  of  the  Bainbridge  Acade- 
my shall  comply  with  all  the  provisions  of  the  last  mentioned 
act,   prescribing    the  duties  of  the  treasurer  and   board   of 
trustees  of  incorporate  townships.     This   act  to  be  in  force 
from  and  after  its  passage. 

Approved,  February  1,  1840. 


100 


LAWS  OF  ILLINOIS. 


In  force,  AN  ACT  for  the  relief  of  William  Howell,  of  Calhoun  county. 

Feb.  1,  J  840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
\uditor  to  is-  represented  in  the  General  Assembly,  That  the  Auditor  of  pub- 
lic accounts  is  hereby  authorized  and  required  to  issue  his 
warrant  on  the  Treasurer,  in  favor  of  William  Howell,  of 
Calhoun  dounty,  for  one  hundred  and  nine  dollars  and  fifty 
cents,  which  shall  be  in  full  for  his  services  and  expenses  in 
going  to  Missouri  aud  apprehending  and  bringing  to  Pike 
county  a  fugitive  from  justice. 

Approved,  February  1,  1840. 


sue  warrant 
to  Wm.  How 
ell  for  $101/ 
and  50  cts. 


In   force       AN  ACT  to  amend  an  act,   entitled  "An  act  concerning   the  road  from 
Feb.   1     1840.  Warsaw  to  Quincy,"  approved  February  22,  1839. 


cate  road 


Sej.  1.  Be  it  enacted  by  the  ppople  of  the  State  of  Illinois, 
Comi's  to  lo-  represented  in  the  General  Assembly,  That  the  commissioners 
named  in  the  act  to  which  this  is  an  amendment,  or  a  ma- 
jority of  them,  shall  proceed  to  locate  said  road  from  Warsaw 
in  Hancock  county,  to  Quincy  in  Adams  county,  according  to 
the  provisions  of  the  act  to  which  this  is  an  amendment,  pre- 
vious to  the  first  day  of  August  next. 

Sec  2.  Be  it  further  enacted,  That  so  m\ich  of  the  State 
road  from  Warsaw  in  Hancock  county,  to  Peoria  in  Peoria 
county,  as  lies  between  Warsaw  and  Carthage,  in  Hancock 
county,  laid  out  under  the  authority  of  an  act,  entitled  "An 
act  to  locate  a  State  road  from  Warsaw  in  Hancock  county, 
to  Peoria  in  Peoria  county,  approved  4th  of  February,  1837," 
is  hereby  declared  a  Si  ate  road. 

Sec.  3.  And  the  said  location  and  survey  is  hereby  declar- 
ed to  be  legal  and  valid  in  all  respects,  and  shall  not  be  set 
aside  or  be  held  to  be  void  amd  of  no  effect,  on  account  of  any 
informality  in  locating  said  road  whatever;  and  the  road,  as 
laid  off  and  located  by  the  said  commissioners,  or  any  two  of 
them,  shall  be  opened,  worked,  and  kept  in  repair  as  the  law 
requires. 

Approved,  February  1,  1840. 


Road  from 
Warsaw  to 
Peoria 


Location 
legal  : 


T     f  AN  ACT  to  incorporate  the  St.  Clair  Steam  Mill  Company. 

Feb.  1,  1840. 

Sec  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Laurant  Pensaneau, 
Wm.C.  Carr,  John  Barkley  and  David  Re  verdy,  their  associates, 
Body  politic  heirs  and  assigns,  are  hereby  constituted  and  declared  a  body 
ic  corporate  politic  and  corporate,  by  the  name  and  style  of  the  "St.  Clair 
Name  and  Steam  Mill  Company,"  from  and  after  the  passage  of  this  act; 
8tyle  and  by  that   name  and  style  they  and  their  successors  shall 


LAWS  OF  ILLINOIS.  101 

have  succession  for  ten  years,  and  shall,  in  law,  be  capable  of 
suing  and  being  sued,  pleading  and  being  impleaded,  an-  Powers 
swering  and  being  answered  unto,  in  all  courts  and  places 
whatsoever;  may  have  a  common  seal,  and  may  change  and 
alter  the  same  at  pleasure;  and  they  and  their  succeisors  may 
also,  by  that  name  and  style,  be  capable,  in  law,  of  purchas- 
ing, holding  and  conveying  away  real  and  personal  estate 
for  the  use  and  purposes  of  said  corporation;  which  real  estate 
shall  not  exceed  one  hundred  and  sixty  acres,  whereon  to 
erect  the  mill  and  necessary  inclosures  for  carrying  on  the  bu- 
siness of  the  said  company. 

Sec  2.  The  said  company,  hereby  incorporated,  shall  have 
power  to  erect  a  steam  mill  at  or  near  Illinois  town,  in  the  Location 
county  of  St.  Clair,  and  are  hereby  authorized  to  carry  on  the 
manufacturing  of  the  various  kinds  of  grain  and  other  manu- 
factures, to  export  the  same  and  other  products  of  the  country, 
and  to  use  all  such  powers  and  privileges  as  may  be  necessary 
to  carry  on  the  said  manufactory  according  to  the  objects  of 
this  act  as  herein  expressed. 

Sec.  3.  The  capital  stock  of  said  company  shall  consist  of  c    -taj  8tock 
ten  thousand  dollars,  with  the  privilege  of  increasing  the  same 
to  twenty  thousand  dollars,  to  be  divided  into  shares  of  one 
hundred  dollars  each. 

Sec.  4.  Said  company  shall  meet  annually  on  the  first  Mon-  Annual  eleo- 
day  of  April,  and  elect  a  president  and  secretary,  who  shall tl0n 
be  sworn  by  a  justice  of  the  peace  to  the  faithful  discharge  of 
his  duties,  and  who  shall  keep  a  record  of  the  proceedings  of  Records 
said  company  in  a  book  to  be  by  him  kept   for  that  purpose; 
a  treasurer  who  shall  give  bond  to  such  amount  and   in  such  Treasurer  to 
manner  as  the  said  company  shall   direct;  and  said  company  glve 
shall  appoint  such  other  officers  and  agents  as  may  be  necessa-0fficersaud 
ry  to  carry  into  effect  the  powers  herein  granted.  8 

Sec  5.  Said  company  shall  have  power  to  make  and  estab- 
lish all  such  by-laws,  rules  and  regulations,  as  shall  be  neces- 
sary, and  not  inconsistent  with  the  constitution  and  laws  of 
this  State  or  of  the  United  States;  and  the  provisions  of  this 
act  for. the  transfer  or  payment  of  the  stock  or  property  of 
said  company,  and  for  the  management  and  direction  of  the 
affairs  of  said  company. 

Sec  6.  If  it  should  happen  that  any  election  should  not 
be  made  or  held  on  the  day  appointed  by  the  provisions  of  this 
act,  the  said  company  shall  not  for  that  reason  be  dissolved ; 
but  such  election  may  be  held  on  any  other  day  within  thirty 
days  thereafter,  notice  being  given  by  the  president,  secre- 
tary, or  any  two  members  of  said  company;  and  at  all  elec- 
tions and  proceedings  of  said  company,  each  shareholder  shall  en\jt]e^  ^e 
be  entitled  to  as  many  votes  as  the  number  of  shares  he  or  she  vote 
may  have  in  said  company. 

Approved,  February  1,  1840. 


102 


LAWS  OF  ILLINOIS. 


Name  and 
style 


Powers 


In  force,  AN  ACT  to  incorporate  the  Sangamon  Coal  Bank  Bridge  Company. 

Feb.  3,   1840. 

Sec  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  all  such  persons  as 
shall  become  subscribers  to  the  stock  hereinafter  mentioned, 
Body  politic  shall  be,  and  they  are  hereby,  constituted  and  declared  a  body 
corporate  and  politic,  by  the  name  and  style  of  the  "Sanga- 
mon Coal  Bank  Bridge  Company,"  from  and  after  the  passage 
of  this  act,  and  by  that  name  they  and  their  successors  shall, 
in  law,  be  capable  of  suing  and  being  sued,  pleading  and 
being  impleaded,  answer  and  be  answered,  in  all  courts  and 
places  whatsoever;  and  they  and  their  successors  may  have  a 
common  seal,  and  may  alter  and  change  the  same  at  pleasure; 
and  also  they  and  their  successors,  by  that  name  and  style, 
shall  be,  in  law,  capable  of  purchasing,  holding  and  convey- 
ing any  estate,  real  and  personal,  which  may  be  necessary  to 
enable  the  said  company  to  carry  out  the  expressed  objects 
for  which  they  are  incorporated,  and  none  other.  The  char- 
Existence  of  tered  existence  of  said  company  shall  cease  at  the  expiration 
charter  0f  twenty  years  from  the  passage  hereof,  and  the  stock  there- 

of shall  be  deemed  and  considered  personal  property. 

Sec  2.  That  the  capital  stock  of  said  company  shall  be 
three  thousand  dollars,  divided  into  three  hundred  shares  of 
ten  dollars  each;  and  James  F.  Reed,  Gersham  Keys,  Tho- 
mas J.  Knox,  William  Pickerell  and  Thomas  Simpson,  of  San- 
gamon county,  and  Samuel  Nesbit,  of  Macon  county,  are 
hereby  appointed  commissioners  to  receive  subscription  for 
said  stock;  and  such  subscription  shall  be  opened  at  such  times 
and  places  as  the  commissioners,  or  a  majority  of  them,  shall 
appoint,  by  notice  to  be  published  in  the  Journal  and  Register 
papers,  printed  in  the  town  of  Springfield,  at  least  twenty 
days  before  the  time  appointed.  If  the  requisite  number  of 
shares  shall  not  be  subscribed  for,  at  the  time  and  places  ap- 
pointed for  such  subscription,  said  commissioners,  or  a  majority 
of  them,  shall  take  such  measures  for  compelling  [completing] 
such  subscription  as  they  may  deem  expedient  and  proper. 
Every  subscriber  shall,  at  the  time  of  subscribing,  pay  to  said 
$1  to  be  paid  commissjoners  tne  sum  0f  one  dollar  for  each  share  subscribed, 
on  subscrip-  ,  ,  •  ,  .  ,  ,i       • 

tion  and  the  remainder  at  sucn  times  and  in  such  sums  as  the  in- 

terest of  said  company  may  require. 

Sec  3.  As  soon  as  two-thirds  of  the  shares  shall  be  sub- 
scribed, the  commissioners  shall   give   notice  thereof,  in   the 
Time  and       manner  aforesaid,  and   appoint  the  time  and  place  in   such 
place  of  elec- notice  for  the  subscribers  to  meet,  for  the  purpose  of  choosing 
tlon  a  treasurer,  clerk,  and  five  directors.    Every  stockholder  shall 

be  entitled,  at  such  and  all  other  elections,  to  one  vote  for  each 
share  to  the  number  of  ten,  and  one  vote  for  every  five  addi- 
tional shares,  which  votes  may  be  given  in  person  or  by  proxy, 
at  the  election  to  be  held  as  aforesaid;  the  said  commission- 
ers, or  such  of  them  as  may  attend,  shall  be  inspectors,  and 
their  certificate  of  the  names  of  persons  elected,  shall  be  con- 


Capital  stock 


Comr's  to 
receive  sub- 
scriptions 

Notice 


LAWS  OF  ILLINOIS.  103 

elusive  evidence  of  such  election.     The  first  Monday  in  the 
month  in  which  such  election  shall  be  held,  shall  be  the  anni- 
versity  day  of  all  subsequent  elections  of  such  officers.     A  Annual  dec- 
majority  of  the  directors,  so  chosen,  shall  be  a  quorum,  and  tlons 
shall  be  capable  of  transacting  the  business  of  the  corporation.  Quorum 
Any  act  of  the  majority  shall  be  binding  on  the  corporation. 
The  said  directors,  when  elected   as  aforesaid,  shall  immedi- 
ately proceed  to  electone  of  their  number  as  president;  and  the  Election  of 
said  president  and  directors  may  meet  from  time  to  time,  and  President 
shall  have  power  to  make  such  by-laws,  rules  and  regulations,  By-laws 
as  shall  be  deemed  expedient  and  proper  for  the  well-ordering 
of  the  affairs  of  the  said  corporation:  Provided,  The  same  be 
not  repugnant   to  the  constitution  and  laws  of  the  State  and 
the  United  States. 

Sec.  4.  The  said  corporation  is  hereby  authorized  and  em-  „  . , 

i-i  ji       ci  ■  xi      Uridsje  oyer 

powered  to  erect  a   bridge  over  tn?  Sangamon  river  at  the  Sangamon 

coal  bank,  crossing  where  the  road  leading  from  Springrield  to  river 

Decatur  crosses  said  river. 

Sec.  5.  The  said  president  and  directors,  or  other  persons  __    '    . 
i  i  i       ,i  j  wi  •  '        r  is      Valuation  of 

employed  by  them,  may  enter  upon  and  take  possession  of  tne  iands  taken 

land  on  each  side  of  the  river  where  such  bridge  shall  be  erect- 
ed; and  the  said  corporation,  on  taking  possession  of  such 
land,  and  on  receiving  a  conveyance  thereof,  shall  pay  the 
value  of  so  much  of  the  same  as  may  be  necessary  for 
making  and  erecting  said  bridge,  and  establish  a  gate,  toll-  ' 
house,  and  other  works  necessary  for  said  bridge;  and  in  case 
of  disagreement  between  the  parties  as  to  such  value,  the 
same  shall  and  may  be  ascertained  by  three  disinterested 
freeholders  of  the  county,  who  shall  be  appointed  for  that 
purpose,  as  may  be  agreed  on  by  the  parties,  and  shall  be 
sworn  to  make  a  just  valuation  thereof. 

Sec  6.  As  soon  as  the  bridge  shall  be  completed,  it  shall 
be  lawful  for  said  corporation  to  erect  a  gate  at  the  end  of  said 
bridge,  and  demand  and  receive  the  same  rates  of  toll  as  is  Rates  of  toll 
allowed  by  the  county  court  of  Sangamon  county  to  ferries 
kept  on  said  river:  Provided,  That  all  persons,  citizeus  of 
Sangamon  county,  shall  have  a  right  to  cross  said  bridge,  in  ^o^0^/*66 
going  to  or  returning  from  any  muster  or  election  in  said  coun- 
ty; and  all  grand  and  petit  jurors,  in  going  to  and  returning 
from  courts,  shall  be  permitted  to  cross  said  bridge  free  of  toll. 

Sec  7.  If  any  person  or  persons  shall  wilfully  or  malicious- Pe^s°°soinJu' 
ly  do  or  cause  to  be  done  any  act  whatsoever  whereby  the  no^  ijabfe 
said  bridge,  or  any  thing  appertaining  to  the  same,  shall  be 
impaired,  injured  or  destroyed,  the  said  person  or  persons  so 
offending,  shall  forfeit  and  pay  to  the  said  corporation  treble 
the  amount  of  damages  occasioned  thereby,  to  be  recovered 
by  said  corporation,  with  costs  of  suit  in  an  action  of  trespass, 
in  any  court  having  competent  jurisdiction  thereof. 

Sec  8.  If  any  toll-gatherer  shall  unreasonably  delay  or  hih-  Liability  of 
der  any  traveller  from  passing  said  bridge,  or  shall  demand  orto11  keePers 
receive  more  toll  than  is  allowed  by  this  act,  he  shall  for  every 


104  LAWS  OF  ILLINOIS. 

such  offence  forfeit  and  pay  a  sum  not  exceeding  ten  dollars, 
with  cost  of  suit,  to  be  recovered  before  any  justice  of  the 
peace  of  said  county  for  the  use  of  the   person  hindered    or 
Co.  comr's  ofdefrauded. 

Sangamon  gEc.  9.  At  any  time  after  the  completion  of  said  bridge, 

brids;e"andaSe  *ne  county  commissioners  of  Sangamon  county  shall  have  the 

make  it  free     right  to  purchase  said  bridge  by  making  the  same  free  to  all 

persons  crossing  the  same,  by  paying  to  said   corporation   the 

costof  constructing'the  same  with  ten  per  cent,  interest  thereon. 

Approved,  February  3, 1840. 


In   force,      AN  ACT  to  amend   an  act  to  create  and  establish  the  county  of  Jersey. 
Feb.  1,  1840. 

#  Whereas, on  thefirstMonday  of  Augustlast,the  county  of  Jer- 

sey was  created  agreeable  to  "An  act  to  create  and  estab- 
lish the  county  of  Jersey,  approved  February  28th,  1839:" 
And  whereas,  on  the  same  day  there  was  elected,  in  that 
part  of  Greene  county  created  into  the  county  of  Jersey 
aforesaid,  certain  justices  of  the  peace  and  constables:  And 
whereas,  much  doubt  exists  in  regard  to  the  legality  of  said 
election:  Therefore, 

Sec.  1.  Be  it  enacted   by  the  people  of  the  State  of  Illinois, 
Officers  of       represented  in  the  General  Assembly,  That  all  justices  of  the 
Jersey  to  hold  peace  and  constables  which  were  elected  on  the  first  Monday 
till  next  elec-  0f  August  last,  in  that  part  of  Greene  county  created^into  the 
county  [of  Jersey,  shall  severally  hold  tkeir  offices  in  the  county  of 
Jersey  for  the  term  for  which  they  were  elected  and  commis- 
sioned, &c,  the  same  as  if  they  had  been  duly  elected  and 
commissioned  for  Jersey  county,  and  their  oaths  of  office  which 
have  been  administered    by  the  clerk  of  the  county  commis- 
sioners' court  of  Greene  county,  shall  be  deemed  to  have  been 
properly  taken. 
Time  of  ma-  ■      Sec.  2.  That  all  abstracts  and  schedules  of  schools  in  Jer- 
king abstract  sev  county  shall  be  made  to  the  school  commissioners  of  said 
tended  "  county,  and  the  time   for  receiving  the  same  by  said    school 

Duty  of  commissioner  for  the  present  year,  is  hereby  extended  until 

school  comr's  the  second  Monday  in  February  next:  and  it  shall  be  the  duty 
of  the  school  commissioners  of  Jersey  county,  as  soon  as  said 
abstracts  are  made  to  him,  to  meet  the  school  commissioner 
of  Greene  county;  and  it  shall  be  the  duty  of  the  school  com- 
missioner of  Greene  county  to  pay  over  to  the  school  commis- 
sioner of  Jersey  county  annually  out  of  the  school  fund  which 
Greene  county  may  receive  from  the  State,  the  portion  which 
Jersey  county  may  be  entitled  to  in  proportion  to  the  abstracts 
and  schedules  of  schools  returned  to  the  school  commissioner 
of  both  counties  respectively;  and  the  school  commissioner 
of  Jersey  county  shall  apply  the  money,  thus  received,  for 
school  purposes  in  Jersey  county,  as  is  now  required  by  law. 


LAWS  OF  ILLINOIS.  105 

Sec.  3.  The  president  and  trustees  of  the  town  of  Jersey- 
ville,  within  Jersey  county,  arc  hereby  authorized  and  empow- 
ered to  convey  to  the  county  of  Jersey,  for  the  purpose  of  erect- 
ing county  buildings  thereon,  the  public  square  in  said  town;pubiic  square 
and  a  conveyance  made  for  the  public  square,  as  aforesaid,  by  in  Jerseyville 
the  president  and  trustees  of  said  town,  shall  be  good  and  valid. 
This  act  shall  take  effect  from  and  after  its  passage. 

Approved,  February  1, 1840. 


AN  ACT  to  locate  a  State  road  therein  named.  In   force, 

Feb.   3,  1840. 

Whereas,  by  and  under  an  act  approved,  February  28,  1839, 
providing  for  the  formation  of  the  county  of  Williamson,    re  m 
from  the  county  of  Franklin,  and  for  the  location  of  the 
county   seat   of  the  said   county  of  Franklin,  the  commis- 
sioners appointed  by   said  act    did  proceed    to  locate  (in 
conformity  therewith)  the  county  seat  of  the  said  county 
of  Franklin  at  the  town  of  Benton:  And,  whereas,  there 
is  no  State    or  county  road    passing  through   said  town  of 
Benton,  whereby  travellers  and  others  experience  great  dif- 
ficulty in  passing  to  and  from    said  town:  And  whereas, 
from  the  shortness  of  the  time  which  has  intervened  be- 
tween the  location  of  said  county  seat,  and  the  meeting  of 
the  Legislature,  the  citizens  of  Franklin  county  have  been 
unable  to  comply  with  the  provisions  of  an  act  denning  the 
manner   of  petitioning  the  General  Assembly  in  relation 
to  the  location  of  State  roads;  Therefore, 
Sec   1.  Be  it  enacted  by  the  People  of  the   State  of  Illinois, 
represented  in  the   General  Assembly,  That  James   Eubanks,  Comr's  to  lo- 
John  Ewing,  and  William  Mitchell,  of  Franklin  county,  be,Cateroad 
and  they  are  hereby  appointed  commissioners  to  view,  mark, 
and  locate  a  State  Road  from  wThere  the  Nashville  and  Equality 
road  crosses   Little  Muddy  river,  to  the  town  of  Benton,  in  Location 
Franklin  county;  thence,  to  the  bridge  over  Muddy  river,  on 
the  road  leading  from  Mount  Vernon,  in  Jefferson  county,  to 
Golconda,  in  Pope  county,  and  from  thence  to  Galatia  in  Gal- 
latin county. 

Sec  2.  Said    commissioners    shall  meet  at  the    town   of  Time  and 
Frankfort,  on  the  first  Monday  in  April  next,  or  as  soon  there-  place  of  meet- 
after  as  practicable,  and  after  being  first  duly  sworn  before  some ins 
justice  of  the  peace  faithfully  to  discharge  the  duties  required 
of  them  by  this  act,  shall  proceed  to  view,  locate  and  mark 
said  road  between  the  points  above  designated,  on  the  nearest 
and  best  ground,  by  marking  trees  in  the  timber,  and  putting 
up  stakes  in  the  prairie,  having  due  regard  to  the  public  good, 
and  doing  as  little  damage  to  private  property  as  the  nature 
of  the  case  will  permit. 

Sec  3.  The  said  commissioners,  as  soon  as  practicable,  after 
the  location  as  aforesaid,  shall    make  out  maps  and  reports- 


106  LAWS  OF  ILLINOIS. 

thereof,  giving  the   correct  distance  and   description  of  the 

Maps  and  re-  same;  and  shall  file  the  same,  or  a  copy  thereof,  in  the  clerk's 

recorded  *     °^ce    °f  the   county    commissioner's  court  of   each  county 

through  which  any  part  of  said    road  may  pass;  which  said 

reports  shall  be  made  matters  of  record  in  said  offices,  and  the 

same  carefully  preserved. 

5        Sec.  4.  The  county  commissioners'   courts  of  the  several 

ayo  com  rs  counties  through   which   said  road  passes,   shall  allow    said 

commissioners  and  their  assistants,  a  reasonable  compensation 

for  their  services  in  proportion  to  the  length  of  said    ?oad  in 

the  several   counties  through  which  the  same  shall  pass,  and 

they  shall  cause  said  road  to  be  opened  and  kept  in  repair  as 

other  State  roads  are. 

Sec.  5.  The  operation  of  the  "act  to  define  the  manner  of 
proceeding  in  petitioning  the  General  Assembly  for  locating 
Act  suspend-  or  altering  State  roads,"  so  far  as  it  relates  to  the  provision  of 
cd  this  act,  is  hereby  suspended. 

Sec.  6.  So  much  of  the  State  road  leading  from  Nashville 
Part  of  road   to  Galatia,  as  is  now  located  between  the  beginning  and  ter- 
minating points  of  the  road  provided  for  in  the  provisions  of 
Proviso.  ^his  ac^  is  hereby  declared  vacated:  Provided,  That  none  of 

the  expenses  of  said  survey  be  paid  out  of  the  county  treasury 
of  Gallatin  county. 

Approved,  February  3,  1840. 


In   force,      AN"  ACT  to  incorporate  the  town  of  Jacksonville,  and  for  other  purposes. 
April  6,  1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Aesembly,  That  Matthew  Stacy, 
John  Hurst,  R.  T.  McNeely,  W.  Branson  and  E.  T.  Miller, 
Body  politic  citizens  of  the  town  of  Jacksonville,  in  the  county  of  Morgan, 
and  corporate  are  hereby  constituted  a  body  politic  and  corporate,  by  the 
Name  and  name  and  style  of  the  "President  and  Trustees  of  the  town 
style  0f  Jacksonville,"  and  by  that  name  they  and  their  successors 

may  sue  and  be  sued,  plead  and  be  impleaded,  in  all  actions 
in  law  and  equity;  may  grant,  purchase,  receive  and  hold  real 
Powers  and  personal  estate,  and  may  lease,  sell  and  dispose    of  the 

same  for  the  benefit  of  said   town ;  may  do   all  other  acts  as 
natural  persons  may  do,  and  may  have  a  common  seal,  and 
change  and   alter  the  same  at  pleasure,  and   shall  have  per- 
petual succession. 

Sec  2.  The   boundaries  of  said  town  shall  be  one  mile 
Boundaries  of  square,  the  centre  of  the  public  square  in  said  town  being  the 
centre  of  said   [mile]  square;  and  all   the   land   within  said 
limits  shall  be  considered  as  the  town  of  Jacksonville. 

Sec  3.  The  aforesaid  corporators  shall  continue  in  office 

until  the  first  Monday  in  April,  1840,  and  until  their  succes- 

tfon™foretrus-sors  are  elected  and  qualified.     And  on  the  fkst  Monday  in 

tees  April,  and  forever  thereafter,  an  election  shall  be  held  for  five 


LAWS  OF  ILLINOIS.  107 

trustees,  who  shall  hold  their  offices  for  one  year,  and  until 
their  successors  are  elected  and  qualified.     Said  trustees  shall  President 
elect  one  of  their  own  body  president  of  the  board,  and  shall how  e,ected 
appoint  all  other  officers  for  said  corporation;  they  shall  have  vacancies 
power  to  fill  all  vacancies  in  the  board,  occasioned  by  death,  how  filled 
resignation,  or  six  months'  absence  from  said  town.     A  major- 
ity shall  constitute  a  board  to  do  business,  but  a  smaller  num- (iuorum 
bermay  adjourn  from  day  to  day,  and  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  penalties 
as  the  board  may  provide.     The  trustees  of  said  tovvii  shall  be 
at  least  twenty-one  years  old,  a  citizen  of  the  United   States, 
and  shall  be  residents  and  citizens  in  said  town.     Those   per- 
sons residing  m  said  town  shall  be  qualified  to  vote  for  trustees 
who  possess  the  requisite  qualifications  to  vote   for  State  offi- 
cers. 

Sec  4.  The  officers  of  said  town  shall  consist  of  one  clerk,  officers  of 
one  town  constable,  who  shall  have  and  perform  all  the  duties  town 
of  town  constable,  as  required  and  authorized  in  the  act,  en- 
titled "An  act  further    defining  the  duty  of    trustees   of    in- 
corporated towns,"  approved  January  31, 1835;  one  treasurer 
and   such  other  officers  as  the  said  president  and  trustees  of 
said  town  may  see  proper  to  appoint;  and  said   officer  shall 
give  bond  and  security  in  such  sum  and  in  such  manner  as  may 
be  required  by  the  board  of  trustees  of  said  town.     And  said  Officers  may 
officers  shall  be  removable   at   the   pleasure  of  the  board  of be  removed 
trustees. 

Sec  5.  The  sixth,  seventh,  eighth, ninth,  tenth,  eleventh,  Partsoflaw 
twelfth,  thirteenth,  seventeenth  and  eighteenth  sections  of  an  applicable  to 

town 

act,  entitled  "An  act  to  incorporate  the  town  of  Upper  Alton," 
approved  February  18, 1837,  are  hereby  declared  to  be  appli- 
cable to  the  president  and  trustees  of  the  town  of  Jacksonville; 
and  the  tax  mentioned  in  the  sixth  section  of  said  act  shall  be 
in  lieu  of  any  county  tax  on  the  real  estate  in  said  town,  and 
all  the  powers,  duties  and  restrictions  therein  mentioned  shall 
be  applied  to  said  president  and  trustees  as  fully  as  if  the  same 
were  herein  set  forth. 

Sec  6.  The  acts  of  the  present  president  and    trustees  ofActsoftrus- 
the  town  of  Jacksonville,  shall  be  considered  as  binding  and  tees  binding 
in  full  force  until  the  first  meeting  of  the  board  of  trustees,  to 
be  elected  under   the   provisions  of  this  act.     This  act  shall 
take  effect  on  the  first  Monday  in  April  next,  and  the  present 
board  of  trustees  shall    give  notice  of  the  election  to  be  held 
on  said  day,  by  having  written  notices  thereof  posted  up  in 
four  public  places  in  said  town  at  least  one  week  previous  to 
said  election;  and  one  of  the  members  of  said  board  and  the 
clerk  of  the  board  shall  act  as   inspector  and   clerk  of  said  inspectors  of 
election,  and  shall  give  certificates  of  election  to  the  five  per-  elections 
sons  receiving  the  greatest  number  of  votes.  Name  of 

Sec.  7.  That  the  name  of  the  town  of  Greenfield,  in  theB^^eCoin 
county  of  Bureau,  be  changed,  and  hereafter  to  be  known  and  changed  to 
ealled  by  the  name  ol  Laymoile.  Laymoile 


108 


LAWS  OF  ILLINOIS. 


Name   of  In- 
diantown 
changed  to 
Tiskilwa 

Limits  of 
Hennepin  in 
Putnam  co. 


Sec.  8.  That  the  name  of  the  town  of  Indiantown  and  of 
Windsor,  in  Bureau  county,  be  changed  and  both  of  said 
towns  hereafter  be  known  and  called  by  the  name  of  Tiskil- 
wa. 

Sec.  9.  That  the  corporate  limits  of  the  town  of  Henne- 
pin, in  Putnam  county,  shall  hereafter  include  the  west  half  of 
the  south-west  quarter  of  section  ten,  and  the  east  half  of  said 
quarter  section  shall  hereafter  be  excluded  from  said  corpora- 
tion. 

Approved,  February  3,  1840. 


In   force,  AN  ACT  to  vacate  the  town  plats  of  the  towns  therein  named . 

Feb.  3,  1840. 

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

Town  plat  of  rPpresented  in  the  General  Assembly,  That  the  entire  town  plat 
Bristol    \aca-     i.,  /*  r»  •   ,    i    •     ,1  "rim-       i     a        i    •  •■     ™-r     •■ 

ted  °i  the  town  of  Bristol,  in  the  county  of  Marshall,  as  laid  off  and 

recorded,  is  hereby  declared  to  be  vacated.     This  act  to  be  in 

force  from  and  after  its  passage. 

Sec  2.  The  town  plat  of  the  town  of  Fairmont,  in  the 
county  of  Bureau,  as  laid  off  by  the  original  proprietors,  and 
recorded  in  the  county  of  Putnam,  is  hereby  declared  to  be 
vacated:  Provided,  This  act  shall  not  interfere  or  prejudice 
the  rights  of  any  individual  or  individuals,  who  may  have 
become  the  purchasers  of  any  lot  or  lots,  in  either  of  the 
aforesaid  towns. 

Approved,  February  3,  1840. 


Plat  of  Fair 
mount  vaca- 
ted 

Proviso 


In  force  ■^  ACT  to  amend  the  several  laws  in  relation  to  appeals. 

Feb.  3,   1840. 

Sec  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
Appeals  may  represented  in  the  General  Assembly,  That  appeals  from  judg- 
be  granted,     ments  of  justices  of  the  peace  to  the  circuit  court,  shall   be 
fudement        granted  in  all  cases  except  on  judgment  confessed:  Provided, 
confessed        The  party  praying  for  an  appeal   shall,  within   tw.mty  days 
from  the  renderingof  the  judgment  from  which  he  desires  to 
take  an  appeal,  enter  into  bond  in  the  office  of  said  justice  of 
the  peace,  with  security  to  be  approved  by  the  justice  condi- 
tioned that  the  appellant  will  pay  and  satisfy  whatever  judg- 
ment may  be  rendered  by  the  circuit  court  upon  dismissal  or 
trial  of  the  appeal. 

Sec  2.  If  upon  the  trial  of  any  appeal,  the  bond  required 
to  be  given  in  the  first  section   shall   be  adjudged  insufficient, 
the  party  who  executed  such  bond,  shall  in  no  wise  be  preju- 
Proviso  diced  by  reason  of  such  insufficiency:  Provided,  He  will,  in  a 

reasonable  time  to  be  fixed  by  the  court,  execute  and  file  in 
court  a  good  and  sufficient  bond. 


LAWS  OF  ILLINOIS.  109 

Sec  3.  Where  a  bond  shall  be  executed  by  the  appellant 
as  aforesaid,  the  justice  who  gave  the  judgment,  and  if  exe- 
cution or  other  process  has  been  issued  thereon,  said  justice 
shall  recall  the  same,  and  all  further  proceedings  thereon  shall 
be  suspended,  and  the  said  justice  shall,  within   twenty  days 
after  receiving  and  approving  of  the  appeal  bond,  file  the  same  Bond  of  ap- 
in  the  office  of  the  clerk  of  the  circuit  court,  together  with  all  pe  u^i,*}0, 
the  papers  and  transcript  of  the  judgment  he  had  given,  with 
a  certificate  under  his  hand,  that  the  said  transcript  and  pa- 
pers contain  a  full   and  perfect  statement  of  all  the  proceed- 
ings before  him;  and  the  court  shall  hear  and  determine  the  Appeal  to  be 
said  appeal  in  a  summary  way,  without  pleading   in  writing,  ^"pleadings 
according  to  the  justice  of  the  case. 

Sec  4.  The  following  shall  be  the  form  of  the  bond  requir- 
ed by  the  first  section  of  this  act:  Know  all  men  by  these 
presents,  That  we,  A.  B.  and  C.  D.,  are  held  and  firmly  bound  Form  of., 
unto  E.  F.,in  the  penal  sum  of  (here  insert  double  the  amount  bond 
of  judgment  and  costs,)  dollars,  lawful  money  of  the  United 
States,  for  the  payment  of  which,  well  and  truly  to  be  made, 
we  bind  ourselves,  our  heirs  and  administrators,  jointly,  sever- 
ally and  firmly,  by  these  presents.  Witness,  our  hands  and 
seals,  this  day  18  .     The  condition 

of  the  above  obligation  is  such,   That  whereas,  the  said  E.  F. 
did,  on  the  day  of  A.  D.  18  ,  before 

,  a  justice  of  the  peace  for  the  county  of  , 

recover  a  judgment  against  the  above  bounden  A.  B.,  for  the 
sum  of  dollars;  from  which  judgment  the  said  E.  F. 

has  taken  an  appeal  to  the  circuit  court  of  the  county  of 
aforesaid,  and  State  of  Illinois.  Now  if  the  said  A.  B.  shall 
prosecute  his  appeal  with  effect,  and  shall  pay  whatever  judg- 
ment may  be  rendered  by  the  court  upon  dismissal  or  trial  of 
said  appeal,  then  the  above  obligation  to  be  void,  otherwise 
to  remain  in  full  force  and  effect. 

[l.  s.] 

[L.    S.] 

r>  s.] 

Approved  by  me  at  my  office,  this  day  of 

18 

L.  M.,  J.  P. 

Sec.  5.  Parties  to  suits  before  justices  of  the  peace,  may 
take  appeals  from  their  decisions  before  the  clerks  of  the  cir-  Appeals  how 
cuit  courts  in  the  same  manner  as  is  now  provided  by  law,  or  taken 
they  may  appeal  as  provided  in  the  foregoing  sections. 

Sec.  6.  The  security  in  any  such  appeal  bond  shall  be  lia-  Securities  on 
ble  on  said  bond  for  the  amount  of  the  original  judgment,  bond  liable 
and  all  costs  thereon  in  case  the  said  appeal  be  dismissed,  and  for  original 
shall  be  liable  also  on  said  bond  for  whatever  judgment  may 
be  rendered  by  the  circuit  court,  in  case  the  original  judgment 
be  affirmed  by  said  circuit  court,  either  in  whole  or  in  part,  and 


110  LAWS  OF  ILLINOIS. 

the  same  provisions  shall  extend  to  appeal  bonds  executed 
under  the  act  to  amend  the  several  laws  in  relation  to  ap- 
peal bonds,  and  the  trial  of  appeals,  approved  March  2d, 
1839. 

Approved,  February  3,  1840. 


In  force,      AN  ACT  to  authorize   Shelton  L.  Hall  and  others  to    establish  a  ferry 
Feb.],    1840.  across  Rock  river. 

Sec.  1.  Be  it   enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Simeon  Towle,  Shel- 
ton L.  Hall,  and  their  associates,  and  their  heirs  and  assigns, 
Ferry  across   De»  and  they  are  hereby,  authorized  to  establish  and  maintain 
Rock  river      a  ferry  across  Rock  River,  at  a  point  within  half  a  mile  of  the 
Location        junction  of  the  Rock  and   Kishwaukee  rivers,  southerly  from 
said  junction  in  the  county  of  Winnebago,  for  and  during  the 
term  of  ten  years  from  and  after  the  passage  of  this  act. 
Rates  of  ferri-      Sec.  2.  The  rates  of  ferriage  for  crossing  said  ferry  shall 
age  be  fixed  by  the  county  commissioners'  court  of  Winnebago 

Proviso  county:  Provided  always,  That  no  person  attending  the  county 

commissioners'  or  circuit  court,  as  a  member  or  judge  thereof, 
or  as  a  party  to  any  matter  pending  in,  or  any  witness  or 
juror  attending  on,  said  court,  shall  be  taxed  ferriage. 

Sec    3.    The  said  Simeon  Towle,  Shelton  L.  Hall,  and 

Two  years      their  associates,  heirs  or  assigns,  shall  be  allowed  the  term  of 

h  'Wh    t0     ten  months  from  and  after  the  passage  of  this  act,  to  construct 

the  necessary  boats,  and  otherwise  prepare  the  said  ferry  for 

the  uses  contemplated  in  this  act. 

Sec  4.  The  said   Simeon  Towle,  Shelton  L.  Hall,  thsir 

associates,  heirs  and  assigns,  in  the  management  of  said  ferry, 

shall    govern  sriaM   De  governed   by  the   provisions  of  an  act,  entitled  "An 

ferry  act  to  provide  [for]  the  establishing  of  ferries,  toll  bridges  and 

turnpike  roads,"  approved  February  12,  1827. 

Approved,  February  1,  1840. 


In  force,  AN  ACT  to  locate  a  State  road  in  the  county  of  Washington. 

Feb.  3,   1840. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
Comr's  to  lo-  represented  in  the  General  Assembly,  That  Henry  Cheny,  John 
cate  road       Phillips  and  Joseph  Whittenburgh,  of  the  county  of  Washing- 
ton, are  hereby  appointed  commissioners    to  mark  and  locate 
a.  State  road  from  Nashville,  in  Washington  county,  to   Mid- 
dleton's  old  ferry,  on  the  Kaskaskia  river,  at   the  crossing  of 
the  road   leading    from  Nashville    to  Belleville,  in   St.  Clair 
county. 
Time  and  Sec  2.  Said  commissioners,  or  a  majority  of  them,  shall 

place  of  meet- meet  jn  the  town  of  Nashville  on  the  first  Monday  in  April 
ins  next,  or  within  three  months  thereafter,  and  after  having  taken 


LAWS  OF  ILLINOIS.  Ill 

an  oath  before  some  justice  of  the  peace  faithfully  to  discharge 
the  duties  imposed  upon  them  by  this  act,  doing  as  little  harm 
to  private  property  as  the  public  good  will  permit,  shall  pro- 
ceed to  locate  said  road,  commencing  at  the  south-west  cor- Line  of  road 
ner  of  J.  D.  Woods'  land,  lying  immediately  west  of  Nash- 
ville, and  running  to  the  feny  aforesaid,  locating  said  road  on 
the  nearest  and  best  ground,  putting  up  stakes  in  the  prairie 
at  proper  distances,  and  marking  trees  in  the  timber. 

Sec.  3.  Said  commissioners,  after  having  made  the  location  Report  to  be 
aforesaid,  shall  make  out  a  report  of  their  proceedings  and  recor(led 
present  the  same   to  the  county  court,  whose  duty  it  shall  be 
to  have  said  report  entered  upon  the  records  of  said  court. 

Sec  4.  Said  commissioners  shall  receive  for  their  services  Compensa- 
not  more  than  one  dollar  and  fifty  cents  per  day  each,  to  be  tion 
paid  out  of  the  county  treasury  for  every  day  which  they  are 
necessarily  employed  in  the  discharge  of  the  duties  herein 
named. 

Sec.  5.  Said  road  shall  be  opened  and    kept  in  repair  as 
other  State  roads  are. 

Approved,  February  3,  1840. 


AN  ACT  concerning  the  revenue  in  Clay  county.  In  force, 

Feb.  3,   1840. 

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

•*■  ,  **  *  oi  coll6ctors 

sioners'  court  of  the  county  of  Clay,  are  hereby  authorized  to  in  clay  co. 
appoint  a  county  collector  at  their  next  March  term,  to  collect 
the  State  and  county  tax  for  the  year  1839.     The   said  col- 
lector shall  be  allowed  time  to  the  first  day  of  July  next,  for  Time  allowed 
the    collection  of  the  same,  at  which  time  he  shall  pay  the 
same  over  as  other  collectors  are  required  to  do.     Said  col-  Compensa- 
lector  shall  be  allowed,  as  a  compensation  for  his  services,  ten  tion 
per  cent,  upon  the  amount  of  the  State  tax  collected  by  him. 
Approved,  February  3,  1840. 


AN  ACT  to  legalize  the  acts  of  the  commissioners  of  Champaign  county.      jn   force 

Feb.  3,   1840 

Sec  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented   in   the  General  Assembly,  That   the  acts  of  the  Acts  of  com'rs 
county  commissioners  of  the  county  of  Champaign,  in  relation  °  ^  "wai. 
to  the  assessment  and  collection  of  the  county  and   State    tax  ized 
for  the  year  1839,  be,  and  the  same  are  hereby  legalized. 

Approved,  February  3,  1840. 


112 


LAWS  OF  ILLINOIS. 


In  force,      AN  ACT  to  amend  "an  act  to  incorporate  the  Peoria  Commercial   Insu- 
Feb.  3,   1840.  ranee  Company,"  approved,  Feb.  18,  1837. 


Sec.  of  act 
repealed 


Comr's  to 
open  books 


Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  twelfth  and 
thirteenth  sections  of  an  act  to  which  this  is  an  amendment, 
is  hereby  repealed. 

Sec  "2.  Francis  Voris,  Amos  Stevens,  Andrew  Gray,  Moses 
Pettingell,  Aquilla  Wren,  Lewis  Nowell,  J.  C.  Armstrong, 
J.  M.  Smith  and  James  H.  Work,  be,  and  are  hereby,  ap- 
pointed commissioners  to  open  books  to  the  subscription  of 
the  capital  stock  in  the  same  manner  as  is  provided  in  the  act 
to  which  this  an  amendment. 

Approved,  February  3d,  1840. 


In  force,      AN  ACT  to  authorize  the  Board  of  Public  Works  to  audit  and  settle  the 
Feb.  3,  1840.  accounts  of  Edward  .Smith,  deceased. 


Duty  of  B.  P. 

Works,  to 
settle    acc'ts 
of  Edward 
Smith  Esq., 
deceased. 


Balances,how 
paid  over 


Receipts  for 
same 


Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  board  of  pub- 
lic works  be,  and  the  same  is  hereby,  authorized  to  audit  and 
settle  the  accounts  of  Edward  Smith,  Esq.,  deceased,  late 
engineer  of  the  southern  division  of  this  State,  under  an  act, 
entitled  "An  act  to  maintain  a  general  system  of  internal 
improvements,"  and  to  allow  for  the  services  of  the  said  Ed- 
ward Smith,  deceased,  a  compensation  equal  to  that  allowed  to 
other  engineers  of  the  same  grade. 

Sec.  2.  That  after  having  made  such  settlement,  the  said 
board  of  public  works  shall  pay  over  to  the  widow  of  the  said 
Edward  Smith,  deceased,  such  sum  or  sums  of  money  due  for 
such  services  aforesaid,  for  her  sole  use  and  benefit,  and  the 
receipt  of  the  said  widow  shall  be  a  sufficient  voucher  for 
such  payment. 

Approved,  February  3, 1840. 


In  force  AN  ACT  legalizing  the  State  road  between  Washington  and  Pekin. 

Feb.  3,   1840. 

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

represented  in  the  General  Assembly,  That  so  much  of  the  State 

Road  from      road  from  Pekin  to  Washington,  as  lies  east  of  the  range  line 

Pekin  to         between  township  twenty-five  north,  range  three  and  four, 

StaYeroad°na  west  of  the  third  principal  meridian,  and  west  of  the  bridge 

near  Ratcliff 's,  is  hereby  declared  a  State  road,  and  shall  be 

marked  and  kept  in  repair  as  other  State  roads. 

Approved,  February  3,  1840. 


LAWS  OF  ILLINOIS.  113 

AN  ACT  to  incorporate  the  city  of  Quincy.  In  force, 

Feb.  3,  1840. 

SECTION    I. 

Of  boundat^ics  and  general  powers. 

[Sec.  1.]  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the   inhabitants  of 
the  town  of  Quincy,  in  the  county  of  Adams,  and   State  of 
Illinois,  be,  and  they  are  hereby   constituted  a   body   politic  and  corporate 
and  corporate,  by  the  name  and  style  of  the   city  of  Quincy,  Name  and 
and  by  that  name  shall  have  perpetual  succession,  and  may  style 
have  and  use   a  common  seal,  which  they  may  change  and  Common  seal 
alter  at  pleasure. 

Sec.  2.  All  that  district  of  country  embraced  within  the 
following  boundaries,  to  wit:  beginning  in  the  middle  of  the  Boundaries  of 
main  channel  of  the  Mississippi  river,  west  of  the  south  side  Clt^ 
of  Jefferson  street,  thence  up  the  river  with  said  channel  to  a 
point  due  west  of  the  northern  extremity  of  Pease's  addition 
to  said  town,  thence  due  east  to  the  eastern  side  of  Wood 
street,  thence  due  south  along  Wood  street  to  a  point  due 
east  from  the  place  of  beginning,  thence  due  west  down  the 
south  side  of  Jefferson  street  to  the  place  of  beginning,  is 
hereby  declared  to  be  within  the  boundaries  of  the  said  city 
of  Quincy. 

Sec  3.     The  present  board  of  trustees  of  the  town   of 
Quincy  shall,  on  or   before   the  first  day  of  March  next,  di- 
vide the  said  city  of  Quincy  into  three  wards,  as  nearly  equal  city  to  be  di- 
in    population    as   practicable,   particularly*    describing   the  vided  into 
boundaries  of  each.  three  ward« 

Sec.  4.     Whenever  any  tract  of  land  adjoining  the  city  of 

Quincy  shall  have  been  laid  off  into  town  lots  and  duly  re-  Lands  laid  off 

corded,  as  required  by  law,  the  same  shall  be  annexed  to, an(1  recorded, 
i  t  l      *'»u      x  c  r\    •  to  form  part  of 

and  form  a  part  oi  the  town  ol  Quincy.  cit        " 

Sec  5.     The  inhabitants  of  said  city,  by  the  name  and 
style  aforesaid,  shall  have  power  to  sue   and  be  sued,  to  im-  p0Wers 
plead  and  be  impleaded,  defend  and  be  defended,  in  all  courts 
of  law  and  equity,  and  in  all  actions  whatever:   to  purchase, 
receive,  and  hold  property,  real  and  personal,  in  said  city;  May  hold  real 
toprrchase,  receive,  andhold  property, both  real  and  personal,  ana  personal 
beyond  the  city  for  burial  grounds,  or  for  other  public  purpos- 
es,  for  the  use  of  the  inhabitants  of  said  city;  to  sell,  lease, 
convey,  ordispose  of  property,  real  and  personal,  for  the  bene- 
fit of  the  city;  and  to  improve  and  protect  such  property,  and 
to  do  all  other  things  in  relation  thereto  as  natural  persons. 

ARTICLE    IT. 

Of  the  city  Council.  City  council 

Sec  1.     There  shall  be  a  city  council,  to  consist  of  a 
Mayor  and  Board  of  Aldermen. 
8 


114  LAWS  OF  ILLINOIS. 

men°two  frCm      Sec*  2"  The  Board  of  Aldermen  shall  consist  of  two  mem- 
each  ward       Ders  from  each  ward,  to  be  chosen  by  the  qualified  voters  for 

two  years. 

Sec.  3.  No  person  shall  be  an  alderman,  unless  at  the 
Qualificat'ns  time  of  his  election  he  shall  have  resided  six  months  within 
of  Aldermen    fche  jimits  oftne  cjty,  and  shall  be  at  the  time  of  his  election 

twenty-one  years  of  age,  and  a  citizen  of  the  United  States. 
When  office  of     Sec.  4.     If  any  alderman  shall  after  bis  election  remove 
Aldermen   to  from  the  ward  for  which  he  is  elected,  or  cease  to  be  a  free- 
cant  "holder  in  said  city,  his  office  shall  be  thereby  vacated. 

Sec  5.  At  the  first  meeting  of  the  city  council,  the  alder- 
Division  of  men  shall  be  divided  by  lot  into  two  classes,  the  seats  of 
Aldermen  by  those  of  the  first  class  shall  be  vacated  at  the  expiration  of 

the  first  year;  and  of  the  second  class,  at  the  expiration  of  the 

second  year,  so  that  one-half  of  the  board  shall  be  elected 

annually. 

™     .  Sec  6.    The  city  council  shall  judge  of  the  qualifications, 

Elections,  re-    ,  ,        ;    *  c    .     .  J      °     .  ^ .     ,     „    ,         7 

turns  of  and  elections,  and  returns  of  their  own  members,  and  shall  deter- 

contested        mine  all  contested  elections. 

Sec  7.     A  majority  of  the  city  council  shall  constitute  a 
Quorum.         quorum  to  do  business,  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the   attendance  of  absent  members 
under  such  penalties  as  may  be  prescribed  by  ordinance.  . 
Sec.  8.     The   city  council  shall   have  power  to  determine 
Rules  of  pro-  the  rule  of  its  proceedings,  punish  its  members  for  disorderly 
Expulsion  0fconduct,  ana"  with  the  concurrence  of  two  thirds  of  the  mem- 
members         bers  elected  expel  a  member. 

Sec.  9.  The  city  council  shall  keep  a  journal  of  its  pro- 
tv  "council  To  ceeQ,ings,  and  from  time  to  time  publish  the  same,  and  the  yeas 
be  published   and  nays  when  demanded  by  any  member  present  shall  be 

entered  on  the  journal. 
Aldermencan      Sec  10.     No  alderman  shall  be  appointed  to  any  office 
hold  no  office  un(jer  the  authority  of  the  city,  which  shall  have  been  creat- 
ed whileTn  of-  e^i  °r  the  emoluments  of  which  shall  have  been  increased 
fice  during  the  time  for  which  he  shall  have  been  elected. 

Vacancies,  Sec.   11.     All  vacancies  that  shall  occur  in  the  Board  of 

how  filled       Aldermen   shall  be  filled  by  election. 

Mavor  &  Al-  ^Ec*  ^?*  ^ne  Mayor  and  each  alderman,  before  entering 
dermen  10  upon  the  duties  of  their  office  shall  take  and  subscribe  an  oath 
take  oath  «  that  they  will  support  the  Constitution  of  the  United  States, 
and  of  this  State,  and  that  they  will  well  and  truly  perform 
the  duties  of  their  office  to  the  best  of  their  skill  and  abilities. 
Mayor  to  de-  Sec.  13.  Whenever  there  shall  be  a  tie  in  the  election  of 
termine  elec-  a](jermen  the  iudges  of  election  shall  certify  the  same  to  the 

tion  in  c9.se  ot  jo  j 

tie  Mayor,  who  shall  determine  the  same  by  lot  in  such  manner 

as  shall  be  provided  by  ordinance. 
Twelve  stated      Sec  14.     There  shall   be  twelve  stated  meetings  of  the 
meetings,        city  council  in  each  year,  at  such  times  and  places  as  may  be 
yeary  prescribed  by  ordinance. 


LAWS  OF  ILLINOIS.  115 

ARTICLE    III. 

Of  the  chief  Executive  officers. 

Sec.  1.     The  chief  Executive  officers  of  the  city  shall  be,  a  Executive  of- 
Mayor,  who  shall  be  elected  by  the  qualified  voters  of  the  ficers 
city,  and  shall  hold  his  office  for  one  year,  and  until  his  sue- Term  of  of- 
cessor  shall  be  elected  and  qualified.  fice 

Sec  2.     No  person  shall  be  eligible  to  the  office  o f  Mayor,  Q,Ualificat'ns 
who  shall  not  have  been  a  resident  of  the  city  for  one  year for  Mayor 
next  preceding  his  election  or  who  shall  be   under  twenty- 
one  years  of  age,  or  who  shall  not  at  the  time  of  his  election 
be  a  citizen  of  the  United  States. 

Sec.  3.  If  any  Mayor  shall,  during  the  time  for  which  he  When  office  of 
shall  have  been  elected,  remove  from  the  city,  or  shall  cease  Mayor  to  be 
to  be  a  freeholder  in  said  city,  his  office  shall  be  vacated.        vacate 

Sec    4.     When  two  or  more  persons  shall  have  an  equal 
number  of  votes  for  Mayor  the  judges  of  election  shall  certi-  ln  case  of  ,ie 
(y  the  same  to  the  city  council   who  shall  proceed  to  deter- forun^ii  u>de- 
mine  the  same  by  lot,  in  such  manner  as  may  be  provided  cide  by  lot 
by  ordinance. 

Sec.  5.     Whenever  an  election   of  Mayor  shall  be  con- Contest'd  e- 
tested,  the  city   council  shall  determine  the   same  in  such  1®ctioa  of 
manner  as  may  be  prescribed  by  ordinance.  a^01 

Sec.  6.     Whenever  any  vacancy  shall  happen  in  office  of  Vacancy  in 
Mayor  it  shall  be  filled  by  election.  orfhow  fined* 

ARTICLE    IV. 

Of  Elections. 

Sec.  1.  On  the  third  monday  of  April  next,  an  election  Annual  elec- 
shall  be  held  in  each  ward  of  said  city  for  one  Mayor  for  the  tion  ibrMayor 
city,  two  aldermen  for  each  ward,  and  forever  thereafter,  on  ermen 

the  third  monday  of  April  of  each  year,  there  shall  be  an 
election  held  for  one  Mayor  for  the  city  and  one  Alderman 
for  each  ward,  the  first  election  for  Mayor  and  Aldermen  shall  First  election, 
be  held,  conducted,  and  returns  thereof  made,  as  may  be  pro-how  conduct- 
vided  by  ordinance  of  the  present  trustees  of  the  town  of e 
Quincy.  » 

Sec.  2.     All  free  white  male  inhabitants,  over  the  age  of  Resident    in- 
twenty-one  years,  who  are  entitled  to  vote  for  State  officers,  habitantsmay 
and  who  shall  have  been  actual  residents  of  said  city  ninety  officers     "^ 
days  next  preceding  said  election,  shall   be  entitled  to  vote 
for  city  officers:   Provided,  that   said  voters  shall  give  their  Proviso, 
votes  for  mayor  and  aldermen  in  the  wards  in  which  they 
respectfully  [ively]  reside,  and  in  no  other,  and  that  no  vote 
shall  be  received  at  any  of  said  elections  unless  the  person 
offering  such  vote  shall   have  been  an  actual  resident  of  the  Votes  in  dif- 
ward  where  the  same  is  offered,  at  least  ten  days  next  pre-  ferent  wards 
ceding  such  election. 


116  LAWS  OF  ILLINOIS. 


ARTICLE    V. 


Of  the  Legislative  powers  of  the  city  council. 

Assessment  &  Sec.  1.  The  city  council  shall  have  powers  and  authority  to 
collection  of  levy  and  collect  taxes  upon  all  property,  real  and  personal, 
tuxes.  within  the  limits  of  the  city,  not  exceeding  one-half  per  cent,  per 

annum  upon  the  assessed  value  thcreof,and  may  enforce  the  pay- 
ment of  the  same  in  any  manner  to  be  prescribed  by  ordinance 
not  repugnant  to  the  Constitution  of  the  United  States  and  of 
this  State. 
Officers  of  city      Sec.  [2.]  The  city  council  shall  have  power  to  appoint  a 
clerk,  treasurer,  assessor,  marshall,  supervisors  of  streets  and 
all  such  other  officers  as  may  be  necessary, 
to  give  bonds      Sec.  3.  The  city  council  shall  have  power  to  require  of  all 
and  security,  officers  appointed  in  pursuance  of  this   charter,   bonds    with 
&  take  oath  pena]fy  and  secuiity  for  the  faithful   performance  of  their  res- 
pective duties  as  may  be  deemed    expedient,  and  also  to   re- 
quire all  officers  appointed  as  aforesaid  to  take  an  oath  for  the 
faithful  performance  of  the  duties  of  their   respective    offices 
Com.  Schools  before  entering  upon  the  discharge  of  the  same.    To  establish, 
May  borrow  support,  and  regulate  common  schools,  to  borrow  money  on  the 
™oneJ  credit  of  the  city:  Provided,  That  no  sum  or  sums  of  money 

shall  be  borrowed  at  a  greater  interest  than  at  six  per  cent 
per  annum,  nor  shall  the  interest  on  the  aggregate  of  all  the 
sums  borrowed  and  outstanding  ever  exceed  one  half  of  the 
city  revenue  arising  from  taxes,  assessed  on  real  property 
within  the  limits  of  the  corporation. 
Expenses  of  Sec.  4.  To  appropriate  money  and  provide  for  the  payment 
city,howpaid  of  the  debt  and  expenses  of  the  city. 

Sec.  5.  To  make  regulations  to  prevent  the  introduction  of 
Quarantine  contagious  diseases  into  the  city,  to  make  quarantine  laws  for 
laws,  to  ex-  that  purpose,  and  enforce  the  same  within  five  miles  of  the 
tend  5  miles     oitV. 

Establishing        Sec.  6.  To    establish  hospitals,  and  make  regulations  for 
of  hospitals     the  government  of  the  same. 
Health  ofcity,      Sec.  7.  To  make  regulations  to  secure  the  general   health 

removal  of  0f  the  inhabitants,  to  declare  what  shall  be  a  nuisance,  and  to 
nuisances  ,  ,i 

prevent  and  remove  the  same. 

Water  works      Sec.  8.  To  provide  the  city  with  water,  to  erect  hydrants 

and  pumps  in4he  streets  for  the  convenience  of  the  inhabitants. 

Sec.  9.  To  open,  alter,  abolish,  widen,  extend,  establish. 
Alteration   of         n  \,     7     .  j  i  .  •       ,  ' 

streets  grade,  pave,  or  otherwise  improve  and  keep  in  repair  streets, 

avenues,  lanes  and  alleys. 
Bridges  Sec.  10.  To  establish,  erect,  and  keep  in  repair,  bridges. 

Boundaries  of  Sec.  11.  To  divide  the  city  into  wards,  alter  the  boun- 
wards  daries  thereof,  and  erect  additional  wards,  as  the   occasion 

may  require. 
Lighting  city       Sec  12.  To  provide  for  lighting  the  streets  and  erecting 

lamp  posts. 
Ni  ht  watch        Sec.   13.  To  establish,  support,  and  regulate  night  watches. 


LAWS  OF  ILLINOIS.  117 

Sec.   14.  To  erect  market  houses,  establish  markets,  and  Regulation  of 
market  places,  and  provide  for  the  government  and  regulation  maikets 
thereof. 

Sec.   15.     To  provide  for  erection  of  all   needful    build- City  buildings 
ings   for  the  use  of  the  city. 

Sec.  16.     To  provide  for  enclosing,  improving,  and  regu-  Pub- grounds 
lating  all  public  grounds  belonging  to  the  city. 

Sec.  17.     To  improve  and  preserve  the  navigation  of  the  ^JgJJJJj^ 
Mississippi  river  within  the  limits  of  the  city.  river 

Sec.  18.     To  erect,  repair  and  regulate  public  wharves  Wharves  and 
and   docks,  to   regulate    the   erection   and   repair  of  private  docks 
wharves,  and  the  rates  of  wharfage  thereat. 

Sec.   19.     To  license,  tax,  and  regulate  auctioneers,  mer- May  grant  H- 
chants,  retailers,  grocers,  taverns,  ordinaries,  hawkers,  ped- censes 
lars,  brokers,  pawn  brokers,  and  money  changers. 

Sec.  20.     To  license  tax  and  regulate  hackney  carriages,  Rates  of  dray- 
wagons,  carts,  and  drays,  and  fix  the  rates  to  be  charged  forase  and  Por~ 
the  carriage  of  persons  and  for  the  wagonago  and  cartage  and  eiage 
drayage  of  property. 

Sec.  21.     To  license  and  regulate  porters,  and\  fix  the  rates 
of  porterage.  \ 

Sec.  22.     To  licence,  tax,  and    regulate  theatrical,  and  Shows 
other  exhibitions,  shows,  and  amusements. 

Sec.  23.     To  tax,  restrain,  prohibit,  and  suppress  tippling  May  suppress 

houses,  dram  shops,  and  naming  houses,  and  bawdy  and  other  disorderly 
,■,',,  "  '  &  °  J  houses 

disorderly  houses. 

Sec.  24.     To  provide  for  the  prevention  and  extinguish- Fire  compa- 
ment  of  fires,  and  to  organize  an  establish  fire  companies.      mes 

Sec.  25.     To  regulate  or  prohibit  the  erection  of  wooden  Wooden 
buildings  in  any  part  of  the  city.  buildings 

Sec.  26.     To  regulate  the  fixing  of  chimneys,  fix  the  fees  Chimneys 
[flues]  therefor  [thereof.] 

Sec.  27.    To  regulate  the  storage  of  gunpowder,  tar,  pitch,  Gunpowder 

rosin,  and  other  combustible  materials. 

Sec.  28.     To   regulate  and  order  parapet  walls  and  par-  Parapet  walls 
,..•        r  °  *■         1  l         and  fences 

tition  fences. 

Sec.  29.     To   establish  standard   weights  and    measures,  Weights  ami 
and  regulate  the   weights  and  measures  to  be  used  in  the  measures 
city,  in   all  cases  not  otherwise  provided  for  by  law. 

Sec  30.     To  provide  for  the  inspection  and  measuring  of  Inspection  of 
lumber  and  other  building  materials,  and  for  the  measurement  measurement 
of  all  kinds  of  mechanical  work.  of  work 

Sec.  31.     To  provide  for  the  inspection  and  weighing  of  Weight  of  hay 
hay  and  stone-coal,  the  measuring  of  charcoal,  firewood  and  and  coal 
other  fuel  to  be  sold  or  used  within  the  city. 

Sec  32.     To  provide  for  and  regulate  the  inspection  of  to-  Inspection  of 
bacco,  and  of  beef,  pork,  flour,  meal,  and  whiskey  in  barrels.  p^Sou^&c 

Sec.  33.     To  regulate  the  inspection  of  butter,  lard,   and  0r  provisions 
other  provisions.  v 

Sec    34.     To  regulate  the  weight,  quality  and  price  of  Weight  of 
bread  to  be  sold  and  used  in  the  city.  bread 


118  LAWS  OF  ILLINOIS. 

Size  of  brick      Sec.  35.     To  regulate  the  size  of  bricks  to  be  sold  or  used 

in  the  city. 
Census  Sec  36.     To  provide  for  the  taking  enumerations  of  the 

inhabitants  of  the  city. 
To  regulate         SEC<  37.     fo  regulate  the  election  of  city  officers  and  pro- 
removeoffic'rs  v*de  lor  removing  from  office  any  person   holding  an  office 

created  by  ordinance. 
Pay  of  officers      Sec.  38.     To  fix  the  compensation  of  all  city  officers,  and 
jurors  &  wit-  regUlate  the  fees  of  jurors,  witnesses  and  others,  for  services 

rendered  under  this  act,  or  any  ordinance. 
Police  of  city      Sec.  39.     To  regulate  the  police  of  the  city;  to  impose  fines 
and  forfeitures  and  penalties  for  the  breach  of  any  ordinance, 
and  provide  for  the  recovery  and  appropriation  of  such  fines 
and  forfeitures,  and  the  enforcement  of  such  penalties. 
Exclusive         Sec.  4.  [40.]  The  city  council  shall  have  exclusive  power  with- 
powera  jn  the  city,  by  ordinance,  to  license,  regulate  and  restrain  the 

keeping  of  ferries,  and  to  suppress  and  restrain  billiard  tables. 
To  make  all  Sec  5.  [4l.]  The  city  council  shall  have  power  to  make  all 
ordinances  ordinances  which  shall  be  necessary  and  proper  for  carrying 
necessary  m^0  execu^on  the  powers  specified  in  this  act  so  that  such  or- 
dinance be  not  repugnant  to  nor  inconsistent  with  the  consti- 
tution of  the  United  States  or  of  this  State. 
Style  of  ordi-  Sec.  6.  [42.]  The  style  of  the  ordinances  of  the  city  shall  be, 
nances  «Be  it  ordained  by  the  city  council  of  the  city  of  Quincy." 

_  Sec  7.  [43.]  All  ordinances  passed  by  the  city  council,  shall, 

not  to  take  ef-  within  one  month  after  they  shall  have  been  passed,  be  pub- 
feet  until  pub-  lished  in  some  newspaper  published  in  the  city,  and  shall  not 
hshed  kg  [n  force  until  they  shall  have  been  published  as  aforesaid. 

Sec  8.  [44.]  All  ordinances  of  the  city  may  be  proven  by  the 
Published  or- sea^  °f  tne  corporation,  and  when  printed  and  published  in 
dinancestobebook  or  pamphlet  form  and  purporting  to  be  printed  and  pub- 
Ta^  }n  evi"  hsned  by  authority  of  the  corporation,  the  same  shall  be  re- 
ceived in  evidence  in  all  courts  and  places  without  further 
proof. 


deuce 


Article  vi. 

Of  the  Mayor. 

May'r  to  have      Sec  1.     The  Mayor  shall  preside  at  all  meetings  of  the  city 

casting  vote    COuncil,  and  shall  have  a  casting  vote  and  no  other:  in  case  of 
non-attendance  of  the  Mayor  at  any  meeting,  the  Board  of 

Mayor  pro.     Aldermen  shall  appoint  one  of  their  own  members  chairman 

tem.  ^  wh0  ghaji  preside  at  that  meeting. 

fn^ho  "coil-      ^Ec*  ^'     ^^e  Mayor  or  any  two  aldermen  may  call  special 

ed°  '  meetings  of  the  city  council. 

Sec  3.  The  Mayor  shall  at  all  times  be  active  and  vigilant 

Duties  of        jn  enforcing  the  laws  and  ordinances  for  the  government  of  the 

ayor  city;  he  shall  inspect  the  conduct  of  all  subordinate  officers  of 

said  city,  and  cause   negligence  and  positive  violation  of  duty 

to  be  prosecuted  and  punished;,  he  shall  from  time  to  time 


LAWS  OF  ILLINOIS.  119 

communicate  to  the  aldermen  such  information,  and  recom- 
mend all  such  measures,  as  in  his  opinion  may  tend  to  the  im- 
provement of  the  finances,  the  police,  the  health,  security,  com- 
fort and  ornament  of  the  city. 

Sec.  2.  [4.]  He  is  hereby  authorized  to  call  on  every  male  in-  Persons  refus- 
habitant  of  said  city  over  the  age  of  eighteen  years  to  aid   in  inSt0  assist  to 

•  niiPll  1'intQ 

enforcing  the  laws  and  ordinances;  and  in  case  of  riot  to  call  ma(je  ];ab]'e 
out  the  Militia  to  aid  him  in  suppressing  the  same,  or  in  carry- 
ing into  effect  any  law  or  ordinance,  and  any  person  who  shall 
not  obey  such  call  shall  forfeit  to  the  said  city  a  fine  not  ex- 
ceeding five  dollars. 

Sec  3.  [5.]  He  shall  have  power  whenever  he  may  deem  it  When  officers 
necessary,  to  require  of  any  of  the  officers  of  the  said  city  an  t0  exhibit 
exhibit  of  his  books  and  papers. 

Sec.  4.  [6.]  He  shall  have  power  to  execute  all  acts  that  Mayor  to  exe- 
may  be  required  ol  him  by  any  ordinance  made  in  pursuance  cu.te  1acts  *e* 
Of  this  act.  quired  of  him 

Sec.  5.  [7.]  He  shall  be  commissioned  by  the  Governor  as  a  Mayor  to  be 
justice  of  the  peace  for  said  city,  and  as  such  shall  be  a  eonser-  commissioned 
vator  of  the  peace  in  the  said  city,  and  shall  have  power  and  justice  peace 
authority  to  administer  oaths,  issue  writs  and  processes  under  powers  of 
the   seal   of  the  city.     To  take   depositions,  the  acknowledg-  Major 
ments  of  deeds,  mortgages,  and  all  other  instruments  of  wri- 
ting,  and  certify  the  same  under  the  seal  of  the  city  which 
shall  be  good  and  valid  in  law. 

Sec.  6.  [8.]  He  shall  have  exclusive  jurisdiction  in  all  cases  Exclusive  ju- 
arising  under  the  ordinaces  of  the  corporation,  and  concurrent  ™diction    of 
jurisdiction  with  all  other  justices  of  the  peace  in  all  civil  and  his  fees' 
criminal  cases  within  the  limits  of  the   city   arising  under  the 
laws  of  the  State,  and  shall  receive  the  same  fees  and  compen- 
sation for  his  services  in  similar  cases. 

Sec.  7.  [9.]  He  shall  also  have  such  jurisdiction  as  may  be  jurisdict'n  to 
vested  in  him  by  ordinance  of  the  city  in  and  over  all  places  enforce  quar- 
within  five  miles  of  the  boundaries  of  the  city  for  the  purpose  antine  laws 
of  enforcing  the  health  and  quarantine   ordinances  and  regu- 
gulations  thereof,  and 

Sec.  8.  [10.]  He  shall  receive  for  his  services  such  salary  as  Salary  of 
shall  be  fixed  by  an  ordinance  of  the  city.  Mayor; 

Sec  4.  [11.]  In  case  the  Mayor  shall  at  any  time  be  guilty  of  He  may  be  in- 

a  palpable  omission  of  duty,  or  shall  wilfully  and  corruptly  be  dicted  »n  CSr. 

•u        c  •  i         j  j.-   i-x      •     ,1        i-     i  court,  Adams 

guilty  or  oppression,  malconduct  or  partiality  in  the  discbarge  co.  for  viola- 

of  the  duties  of  his  office,  he  shall  be  liable  to   be  indicted  in  tion  of  duty, 
the  circuit  court  of  Adams  county,  and  on  conviction  he  shall  and  fined,  and 
be  fined  not  more  than  two  hundred   dollars,  and   the  court  ^  (rom  0ffjce 
shall  have  power  on  the  recommendation  of  the  jury   to  add 
to  the  judgment  of  the   court  that  he  be  removed  from   of- 
fice. 


120  LAWS  OF  ILLINOIS. 

Article  vii. 

Proceedings  in  special  cases. 

When  private      Sec.  1.     When  it  shall   be  necessary  to  take  private  pro- 
Eenfor  public  Perty  f°r  opening,  widening  or  altering  any  public  street,  lane, 
use,  to  be  paid  avenue,  or  alley,  the  corporation  shall  make  a  just  compensa- 
tor tion  therefor  to  the  person  whose  property  is  so  taken,  and  if 
the  amount  of  such  compensation  cannot  be  agreed   on,  the 
Mayor  shall  cause  the  same  to  be  ascertained  by  a  jury  of  six 
disinterested  freeholders  of  the  city. 

Sec.  2.     Where  the  owners  of  all  the  property  on  a  street, 
lane,  avenue,  or  alley,  proposed  to  be  opened,  widened  or  al- 
Petitions  to     tered,  shall  petition  therefor,  the  city  council  may  open,  widen, 
streets1  m  ea  or  a^ter  sucn  street5  lane?  avenue,  or  alley,  upon  condition  to 
be  prescribed  by  ordinance,  but  no  compensation  shall  in  such 
case  be  made  to  those  whose  property  shall  be  taken  for  the 
opening,  widening  or  altering  such  street,  lane,  avenue,  or  al- 
ley, nor  shall  there  be  any  assessment  of  benefits  or  damages 
that  may  accrue  thereby  to  any  of  the  petitioners. 
Jurors  to  as-       Sec.  3.     All  jurors  empannclled  to  enquire  into  the  amount 

sess  damages,  Qf  benefits  or  damages  which  shall  happen  to   the  owners  of 
must  be  sworn  ^  ■*■  * 

property  proposed  to  be  taken  for  opening,  widening,  or  alter- 
ing any  street,  lane,  or  alley,  shall  first  be  sworn  to  that  effect, 
and  shall  return  to  the  Mayor  their  inquest  in  writing,  and 
signed  by  [each]  juror. 
Rule  for  as-       ^ec  4.     ^n  ascertaining  the  amount  of  compensation  for 
sessment  of    property  taken    for   opening,  or  widening,  or   altering  any 
damages         street,  lane,  avenue,  or  alley,  the  jury  shall  take  into  considera- 
tion the  benefit,  as  well  as  the  injury  happening  by  such  open- 
ing, widening,  or  altering  such  street,  lane,  avenue,  or  alley. 
Decis'n  of  ju-      Sec.  5.     The  Mayor  shall  have  power  for  good  causes  shown 
ry  maybe  set  within  ten  days  after  any  inquest  shall  have  been  returned  to 

ft  sid  6  •*  •>         *  B 

him  as  aforesaid,  to  set  the  same  aside  and  cause  a  new  inquest 

to  be  made. 

Sec.  6.     The  city  council  shall  have  power  by  ordinance  to 

levy  and  collect  a  special  tax  on  the  holders  of  the  lots  in  any 
grade'1  streets  streftt5  lane,  avenue,  or  alley,  or  part,  of  any  street,  lane, 
and  light  the  avenue,  or  alley, according  to  their  respective  fronts  owned  by 
same  them  for  the  purpose   of  paving  and  grading  the  side  walks, 

and  lighting  such  streets,  lane,  avenue  or  alley. 

ARTICLE    VIII. 

Miscellaneous  provisions. 

Inhabitants  Sec.  1.  The  inhabitants  of  the  city  of  Quincy  are  hereby 
shall  not  work  exempted  from  working  on  any  road  beyond  the  limits  of  |the 
pay  co.  taxes  c'tv?  an(^  fr°m  paying  any  tax  to  procure  laborers  to  work  upon 
Exception.  *ne  same,  and  from  any  tax  for  county  purposes  except  for  t  h 
completion  of  the  county  jail,  now  being  erected  in  said  city. 


LAWS  OF  ILLINOIS.  121 

Sec.  2.     The  city  council  shall  have  power  for  the  purpose 
of  keeping  the  streets,  lanes,  avenues  and  alleys  in  repair  to  Qjty  street3  to 
require  every  male  inhabitant  in  said  city  over  twenty-one  be  worked  by 
years  of  age  to  labor  on  said  streets,  lanes,  avenues  and  alleys,  niale  innaDit- 
not  exceeding  three  days  in  each  and  every  year:  and  any  per- 
son  failing  to  perform  such  labor  when  duly  notified  by  the 
supervisor  shall  forfeit  and  pay  the  sum  of  one  dollar  per  day  Fine  for  refu- 
for  each  day  so  neglected  or  refused. 

Sec.  3.     The  city  council  shall  have  power  to  provide  for 
the  punishment  of  offenders  by  imprisonment  in  the  county  or  Punishmentof 
city  jail  in  all  cases  where  such  offenders  shall  fail  or  refuse  to  oflender8, 
pay  the  fines  and  forfeitures  which  may  be  recovered  against 
them. 

Sec.  4.  The  city  council  shall  cause  to  be  published  annu-  Annual  state- 
ally  a  full  and  complete  statement  of  all  moneys  received  and  mG.nt  ®£  re" 
expended  by  the  corporation  during  the  preceding  year,  and  pTifditures  to 
on  what  account  received  and  expended.  be  published 

Sec.  5.     All  ordinances  and  resolutions  passed  by  the  pre- 
sident and  trustees  of  the   town   of  Quincy,  shall  remain  in  Ordinance  in 
force  until  the  same  shall  have  been  repealed  by  the  city  coun-  force  until  re- 
cil  hereby  created.  pealed 

Sec.  6.     All  suits,  actions,  and  prosecutions  instituted,  com- 
menced, or  brought  by  the  corporation,  hereby  created,  shall  Suits    bow 
be  instituted,  commenced,  and  prosecuted  in,  the  name  of  the  brouSht 
city  of  Quincy. 

Sec.  7.     All  actions,  fines,  penalties,  and  forfeitures  which  Actions     ac- 
have  accrued  to  the  president   and   trustees  of  the   town  ofcruinS  totru.s_ 
Quincy,  shall  be  vested  in,  and  prosecuted  by  the  corporation  cjty 
hereby  created. 

Sec.  8.  ?A11  property,  real  and  personal,  heretofore  belong- 
ing to  "the  president  and  trustees  of  the  town  of  Quincy"  forPro     t       of 
the  use  of  the  inhabitants  of  said  town,  shall  be  and  the  same  town  vested  in 
is  hereby  declared  to  be    vested  in  the   corporation   hereby  ci,y- 
created. 

Sec.  9.     This  charter  shall  not  invalidate  any  act  done  by 
"the  president  and  trustees  of  the  town  of  Quincy,"  nor  divest  This  act   in- 

them  of  any  right   which  may  have  accrued  to  them  prior  to  validates    no 

,i  /■  ?i  •         ,  •  act  ot  trustees 

the  passage  of  this  act. 

Sec.  10.  "The  president  and  trustees  of  the  town  of  Quin-  Duty  of  Pres't 
cy"  shall  immediately  after  the  passage  of  this  act  take  mea-  and.  trustees. 
sures  to  promulgate  this  law  within  the  limits  of  the  city  of ]  amotions™  °~ 
Quincy,  and  issue  their  proclamation  for  the  election  of  officers,  for  election 
and  cause  the  same  to  be  published  in  all  the  newspapers  in  of  officers 
said  city  for  four  weeks  in  succession  prior  to  the  day  of  elec- 
tion for  said  officers. 

Sec.  11.     Appeals  shall  be  allowed  from  decisions  in  all  Appeals     al- 
cases  arising  under  the  provisions  of  this  act  or  any  ordinance  Io 
passed  in  pursuance  thereof,   to   the   circuit  court  of  Adams 
county,  and  every  such  appeal  shall  be  taken  and  granted  in 
the  same  manner  and  with  like  effect  as  appeals  are  taken  from 


court 


122  LAWS  OF  ILLINOIS. 

and  granted  by  justices  of  the  peace  to  the  circuit  court,  under 
the  law  of  this  State. 
Election     of       Sec.  12.  Whenever  the  Mayor  shall  absent  himself  from  the 
mayor  pro  tem  city,  or  shall  resign,  or  die,  or  his  office  shall  be  otherwise  vaca- 
ted, the  Board  of  Aldermen  shall  immediately  proceed  to  elect 
one  of  their  number  president,  who  shall  be  Mayor  pro.  tem. 
Act  declared      SEC.  13.     This  act  is  hereby  declared  to  be  a  public  act,  and 
pu   1C  may  be  read  in  evidence  in  all  courts  of  law  and  equity,  in  this 

State,  without  proof. 
Acts  repealed      Sec.  i  14.     All  acts  or  parts  of  acts  coming  within  the  pro- 
visions of  this  charter,  or  contrary  to,  or  inconsistent  with  its 
provisions,  are  hereby  repealed. 
City  marshall      Sec.  15.     The  city  marshall  or  any  other  officer  authorized 
or  other  officer  ^0  execute  writs  or  other  process  issued  by  the  Mayor,  shall 

may  issue  pro- ,  ,  ,,r  .'  .  .  .    •>  ,.  '     . 

cess  through- nave  power  to  execute  the  same  any  where  within  the  lim- 
out  the  county  its  of  Adams  county,  and  shall  be  entitled  to  the  same  fees 
of  Adams       for  travelling  as  are  allowed  to  constables  in  similar  cases. 

Sec.  16.     The  president  and  trustees  of  the  town  of  Quin- 

cy  shall  caus3  an  election  to  be  held  in  said  town  on  the  third 

Election    for  Wednesday  in  March  next,  at  which  the  inhabitants  of  said 

Sils^harter     town  w^°  are  authorized  to  vote  for  State  officers,  shall  vote 

for  or  against  the  adoption  of  this  charter,  and  if  a  majority 

of  the  votes  given  at  such  election  shall  be  in  favor  of  the 

adoption  of  said  charter,  said   charter  shall  immediately  take 

If    voted    a-  e^"ect  as  a  ^aw,»  Dut  ^  a  majority  of  the   votes  given  shall  be 

gainst,  act  to  against  the  adoption  of  said  charter,  then  this  act  to  be  of  no 

be  void  effect. 

Approved,  by  the  Council,  February  3,  1840. 


In  force,  AN  ACT  to  incorporate  the  town  of  Lacon,  in  Marshall  county. 

Dec.  10,1839. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  resident  inhabi- 
Body  corpo-   tants  of  the  town  of  Lacon,  in  Marshall  county,  are  hereby 
rate  constituted  a  body  politic  and  corporate  to  be  known  by  the 

Name  and      name  of  "the  President  and  Trustees  of  the  town  of  Lacon," 
style.  and  by  that  name  shall  be  known  in  law,  and  have  perpetual 

Powers  succession,  may  sue  and  be  sued,  implead  and  be  impleaded, 

defend  and  be  defended,  in  courts  of  law  and  equity,  and  in 
all  actions  and  matters  whatsoever,  may  grant,  purchase,  re- 
ceive and  hold,  real  and  personal  property  within  the  limits  of 
said  town,  and  no  other,  (burial  grounds  excepted)  and  may 
lease,  sell,  and  dispose  of  the  same  for  the  benefit  of  the  town, 
and  may  have  power  to  lease  any  of  the  reserved  lands  which 
have  been  or  may  be  appropriated  to  the  use  of  said  town,  and 
Common  seal  may  do  all  other  acts  as  natural  persons,  may  have  a  common 
seal,  change  and  alter  the  same  at  pleasure. 

Sec  2.     That  all  those  tracts  of  land  embraced  within  the 


LAWS  OF  ILLINOIS.  123 

following  boundaries,  to  wit:  beginning  at  the  N.  W.  corner 
of  the  N.  W.  fractional  quarter  of  sec.  26,  town.  30,  north  of  Boundaries  of 
R.  3,  west  of  the  third  principal  meridian,  and  running  thence  corPoratlon 
east  with  the  half  section  line  to  the  centre  of  section  35  of 
the  same  town,  and  range,  thence  south  on  the  half  section  line 
to  the  centre  of  sec.  36,  of  the  same  town,  and  range,  thence 
west  with  the  half  section  line  to  the  centre  of  fractional  sec. 
35  of  the  same  town,  and  range,  thence  north  to  the  Illinois 
river,  and  thence  northwardly  with  said  river  at  low  water 
mark  to  the  place,  of  beginning,  be,  and  the  same  is  hereby  de- 
clared to  be  within  the  limits  or  boundaries  of  the  town  of 
Lacon. 

Sec.  3.     The   corporate   powers  and  duties  of  said  town  Powers  vested 

shall  be  vested  in  a  president  and  four  trustees,  who  shall  form  in  pIfBldent 
,  -,^,1  i>  r  \       •  and  trustees 

a  board  tor  the  transaction  ol  business. 

Sec.  4.  The  president  and  members  composing  the  board 
of  trustees  shall  be  elected  annually  on  the  first  Monday  in  4nnual  elec" 
April  to  serve  for  one  year,  and  until  others  shall  be  legally 
qualified;  they  shall  be  at  least  twenty  one  years  of  age,  citi-  Qualification 
zens  of  the  United  States,  and  shall  possess  a  freehold  estate 
within  the  limits  of  the  corporation.  Those  persons  only  shall 
be  qualified  to  vote  for  president  and  trustees,  or  in  such  town 
meetings  as  may  be  held  in  conformity  to  this  act,  who  possess 
the  requisite  qualifications  to  vote  for  State  officers,  and  have 
resided  within  the  limits  of  the  corporation  six  months  previ- 
ous to  such  elections  or  town  meetings. 

Sec  5.     The  Board  of  Trustees  shall  appoint  all  officers  of  officers  of  B'd 
their  board  (the  president  excepted  who  shall  be  elected  by  of  Trustees 
the  people)  and  shall  be  the  judges  of  the  qualifications,  elec- 
tions, and  returns  of  their  members,  and  shall  have  power  to 
fill  all  vacancies  in  the  board  occasioned  by  death,  resignation,  Vacancies 
or  six  months  absence  of  any  member  thereof.     A  majority 
shall  constitute  a  board  to  do  business,  but  a  smaller  number  Q 
may  adjourn  from  day  to  day,  may  compel  the  attendance  of 
absent  members,  in  such  manner,  and  under  such  penalty  as 
the  board  may  provide;  they  may  determine  their  rules  of  pro- 
ceedings, and  make  such  other  rules  and  regulations  for  their 
own  government  as  to  them  may  seem  expedient  and  proper. 

Sec.  6.     The  president  of  the  board  of  trustees  shall  have 
power  to  call  special  meetings  of  the  board  whenever  in  his  Special  meet- 
opinion  the  public  good  may  require  it.     He  shall  have  con-inSs 
current  jurisdiction  with  justices  of  the  peace  in  all  civil  and  President's 
criminal  cases  arising  under  the  provisions  of  this  act,  within Juns  1C  lon 
the  limits  of  the  corporation,  and  shall  receive  the  same  fees  Fees 
and  compensation  for  his  services. 

Sec.  7.     The  board  of  trustees  shall  have  power  to  levy  Taxes  to  be 
and  collect  taxes  upon  all  real  estate  within  the  town,  not  ex- leTied 
ceeding  one  per  cent,  upon  the  assessed  value  thereof,  except 
as  may  be  herein  excepted,  to  make  regulations  to  secure  the 
general  health  of  the  inhabitants,  to  prevent  and  remove  nui-  Health, 


124 


LAWS  OF  ILLINOIS. 


Nuisances 
Night  watch 

Powers  to  lr 
cense 


Markets 


Fire  depart- 
ment 

Wells  and 
pumps 
Aqueducts 
Combustible 
materials 

Quarantine 
laws 


Fines  to  be 
imposed 


Jurisdict'n  of 
president  as 
justice  peace 

Writ  of  certi- 
orari 


School  houses 


To    borrow 

money 

Proviso. 


Special  tax  to 
grade  streets 
&  sidewalks 


Square,  mar- 
ket and  public 
purposes 


sances,  to  restrain  cattle,  horses,  sheep,  swine,  and  dogs  from 
running  at  large,  to  establish  night  watches,  erect  lamps  in  the 
streets,  and  lighting  of  the  same,  to  erect  and  keep  in  repair 
bridges,  to  license  and  tax  merchants,  to  regulate  auctions, 
taverns,  groceries  and  pedlars,  theatrical  and  other  shows, 
billiard  tables  and  other  amusements,  to  restrain  and  prohibit 
gaming  houses,  bawdy  houses  and  other  disorderly  houses,  to 
prevent  the  shooting  of  fire  arms  within  the  limits  of  the  cor- 
poration, to  establish  and  erect  markets,  to  open  and  keep  in 
repair  streets,  and  avenues,  lanes,  alleys,  drains,  sewers,  to 
keep  the  same  free  from  incumbrances,  to  establish  and  regu- 
late a  fire  department,  to  provide  for  the  prevention  and  ex- 
tinguishing of  fires,  to  dig  wells  and  erect  pumps  in  the 
streets  for  the  convenience  of  the  inhabitants,  or  construct  ac- 
queducts,  to  supply  the  town  with  water,  to  regulate  the  stor- 
age of  gun-powder,  and  other  combustible  materials,  to  regu- 
late the  police  of  the  town  and  the  election  of  town  officers, 
to  fix  their  compensation,  to  establish  and  enforce  quarantine 
laws,  and  from  time  to  time  to  pass  such  ordinances  to  carry 
into  effect  the  provisions  of  this  act,  and  the  powers  hereby 
granted,  as  the  good  of  the  inhabitants  may  require,  and  im- 
pose and  appropriate  fines  and  forfeitures  for  the  breach  of  any 
ordinance,  and  to  provide  for  the  collection  thereof,  and  that  in 
cases  arising  under  this  act,  or  growing  out  of  the  by-laws  and 
ordinances  made  in  pursuance  of  this  act  of  incorporation,  the 
president  of  the  board  of  trustees,  or  any  justice  of  the  peace 
within  said  incorporation,  shall  have  jurisdiction  to  hear  and 
determine  the  same,  and  an  appeal  may  be  taken,  and  writs 
of  certiorari  allowed  from  such  decisions,  in  the  same  manner 
as  now  is  or  may  be  hereafter  provided  by  law  for  appealing 
from  judgments  of  justices  of  the  peace. 

Sec.  8.  The  board  of  trustees  shall  have  power  to  levy  a 
tax  for  the  erection  of  schools  houses  and  the  support  of  com- 
mon schools  within  said  corporation,  and  to  raise  money  by 
loan  on  the  credit  of  the  town  for  commencing  and  prosecuting 
works  of  public  improvements:  Provided,  however,  That  the 
same  shall  be  submitted  to  a  vote  of  the  citizens  of  the  town 
and  approved  by  a  majority  thereof. 

Sec  9.  That  upon  the  application  of  the  owners  of  two 
thirds  of  the  real  estate,  upon  any  street,  block  or  half  block, 
it  shall  be  lawful  for  the  board  of  trustees  to  levy  and  collect 
a  special  tax  on  the  owners  of  the  lots  on  said  street,  block, 
or  half  block,  according  to  their  respective  fronts,  for  the  pur- 
pose of  grading  and  paving  the  side  walks  of  said  streets, 
blocks,  or  half  blocks. 

Sec.  10.  That  the  board  of  trustees  shall  have  power  to 
regulate,  grade,  pave,  and  improve  the  streets,  avenues,  lanes, 
and  alleys  within  the  limits  of  said  town,  and  to  extend,  open, 
and  widen  the  same,  and  to  set  aside  and  appropriate  sufficient 
ground  for  a  square,  for  a  market,  and  other  public  purposes, 


LAWS  OF  ILLINOIS.  125 

making  the  person  or  persons  impaired  thereby  adequate  com- 
pensation, to  ascertain  which  the  board  shall  cause  to  be  sum- 
moned twelve  good  and  lawful  men,  freeholders,  and  inhabi- 
tants of  said  town,  not  directly  interested,  who  being  first 
duly  sworn  for  that  purpose,  shall  inquire  into  and  take  into 
consideration  as  well  the  benefits  as  the  injuries  that  may  n 
accrue,  and  estimate  and  assess  the  damages  which  would  be  i10W  assessed 
sustained  by  opening,  widening  or  extension  of  any  street, 
avenue,  lane  or  alley,  or  setting  aside  and  appropriating  ground 
for  a  market  square  and  other  public  purposes,  and  shall  more- 
over estimate  the  amount  which  other  persons  will  be  benefit- 
ted] thereby  who  shall  contribute  towards  compensating  the 
persons  injured,  all  of  which  shall  be  returned  to  the  board  of 
trustees  under  their  hands  and  seals,  and  the  person  or  per- 
sons who  shall  be  benefitted  and  r^o  assessed  shall  pay  the  same 
in  such  manner  as  shall  be  provided,  and  the  residue  if  any 
shall  be  paid  out  of  the  town  treasury. 

Sec  11.  That  the  trustees  shall  have  power  to  survey  and 
plat  the  grounds  within  the  corporation  flimits  and  record 
the  same,  which,  when  thus  surveyed,  platted,  and  recorded, 
shall  be  a  governing  plat  for  town  rules:  Provided,  however,  proviso 
That  this  shall  be  c-o  construed  as  to  give  the  trustees  power 
so  to  vary  from  any  established  plat,  as  thereby  to  affect  the 
rights  of  private  individuals. 

Sec  12.     That  whenever  the  owners  of  any  lot  or  piece  of 
ground  within  the  limits  of  said  incorporation  shall  neglect  or  Neglect  to 
refuse  to  pay  the  tax  or  taxes  levied  on  the  same  when  they  pay  tax  on 
may  become  due,  it  shall  be  the  duty  of  the  trustees  to  adver- lots 
tise  the  same  for  non-payment,  either  in  a  newspaper  printed 
in  said    town   or   by  posting  in  three   of   the    most  public 
places  in  said  town  for  the  space  of  sixty  days,  and  on  further 
failure  of  payment  thereof,  to  sell  at  public  sale  said   lot  orLo(s(obe 
piece  of  ground  to  pay  said  taxes  and  defray  the  expences  of  sold 
collection. 

Sec.  13.     All  ordinances  shall,  within  ten  days  after  their 
passage,   be    published,  either    in    a    newspaper    if    one    is  Ordinances, 
printed  in  the  town  or  by  posting  in  three  of  the  most  public  hu^]i™ade 
places  in  said  town. 

Sec  14.     That  when  any  real  estate  in  said  town  shall   be 

sold  for  the  non-payment  of  taxes  by  the  authority  of  said  cor-  Lc^SuDd  land 
•j  i       j  i  i  i-i  -i.i        sold, how  may 

poration,  said  lands  may  be  redeemed  m  the   time  that  other  be  redeemed 

lands  are  redeemed  by   virtue  of  the  laws  of  this  State,  upon 

paying  the  treasurer  of  the  board  double  the  amount  of  taxes 

for  which  the  same  was  sold,  together  with  all  the  costs  accru-  Conveyance 

ing  on  such  sale;  land  notredeemed  under  such  sale  shall  be  con-  of  lands  not 

veyed  by  special  warranty  under  the  seal  of  the  corporation,  redeemed 

Sec  15.     The  officers  of  said  town  in  addition  to  the  presi- 
dent and  trustees,  shall  consist  of  one  clerk,  one  street  torn-  .  ,,...      , 

•     •  xl  '  ,  ,  ,  Additional 

missioner,  one  treasurer,  three  assessors,  one  town  constable  and  officers 

collector,  one  town  surveyor,  and  such  other  officers  as  the  trus- 


126 


LAWS  OF  ILLINOIS. 


Fire  engine 
companies 


Lands  donati 
ed  to  town 


Proviso. 


Notice  of 
town  meet'gs 


Proviso 


Officers  to 
take  oath 


Division  of 
town  into 
wards 
Proviso . 


Successors  to 
trustees 


tees  of  said  town  may  deem  necessary  for  the   good  of  said 
town. 

Sec.  16.  That  the  president  and  trustees  of  said  town, 
shall,  whenever  they  may  deem  it  necessary,  order  the  forma- 
tion of  fire  engine  companies  and  hook  and  ladder  companies; 
said  company  to  contain  such  number  of  members  as  the  trus- 
tees by  their  ordinances  shall  direct. 

Sec  17.  That  all  lots  of  land  or  parcels  of  ground  in  said 
town,  or  which  have  been  conveyed  by  the  original  proprietors 
thereof,  or  other  persons  to  the  inhabitants  of  said  town  in 
their  aggregate  capacity,  or  to  any  person  or  persons  in  trust 
for  them,  or  for  their  use  and  benefit,  and  all  funds  raised  or 
to  be  raised  by  the  sale  of  donation  lots  or  otherwise,  whether 
for  the  erection  of  school-houses,  academies,  or  places  of  pub- 
lic worship,  are  hereby  declared  to  belong  to,  and  to  be  vested 
in  said  corporation,  and  shall  be  under  the  direction  and 
management  of  the  trustees  aforesaid  and  their  successors, 
and  applied  in  the  furtherance  of  the  objects  intended  by  the 
proprietors  or  donors  thereof,  and  the  said  trustees  shall  have 
power  to  institute  suits  for  the  recovery  of  every  or  any  such 
lots  or  parcels  of  ground  should  it  be  necessary,  and  to  perfect 
in  them  or  their  successors  the  title  thereof,  or  to  make  such 
other  adjustment  relative  thereto,  as  to  them  shall  seem  expe- 
dient and  proper:  Provided,  That  nothing  contained  in  this  act 
shall  be  so  construed  as  to  affect  the  act  incorporating  the  La- 
con  Academy. 

Sec.  18.  That  it  shall  be  the  duty  of  the  board  of  trustees 
in  such  manner  as  they  may  hereafter  provide  to  give  notice 
of  all  town  meetings  to  be  held,  whether  for  the  election  of 
trustees  or  any  other  purpose  arising  under  the  provisions  of 
this  act,  by  posting  the  same  in  three  of  the  most  public  places 
in  said  town,  and  stating  therein  the  object  of  such  meeting: 
Provided,  however,  That  not  less  than  three  days  notice  of  such 
meetings  shall  in  any  case  be  given  except  in  cases  of  emer- 
gency. 

Sec.  19.  That  the  members  of  the  board  of  trustees  and 
any  officer  of  said  corporation,  shall,  before  entering  on  the 
duties  of  his  office,  take  an  oath  or  affirmation  before  some 
judge  or  justice  of  the  peace  to  support  the  constitution  of  the 
United  States  and  of  this  State,  and  faithfully  to  discharge  the 
duties  of  their  several  offices. 

Sec  20.  That  the  trustees  may  have  power  to  divide  said 
town  into  such  number  of  wrrds  as  to  them  shall  seem  expe- 
dient and  proper:  Provided,  however,  That  no  stock  belonging 
to  citizens  without  the  boundaries  of  said  town  shall  be  hurt  by 
the  authority  of  said  corporation. 

Sec.  21.  That  from  and  after  the  officers  of  said  town  are 
elected  under  the  provisions  of  this  act  and  qualified  for  office 
according  to  the  previous  sections  of  this  act  they  shall  be 
deemed  in  law  successors  to  the  trustees,  elected  under  the 


LAWS  OF  ILLINOIS.  127 

aforesaid  general  act,  shall  be  carried  into  full  effect  by  their 
successors. 

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,  Secret'y  State 
and  the  said  bill  not  having  been  returned  with  the  objections  of  the 
council  on  the  first  day  of  the  present  session  of  the  General  Assem- 
bly, the  same  has  become  a  law. 

Given  under  my  hand  this  10th  day  of  December,  1839,. 

A.  P.  FIELD,  Secretary  of  State. 


AN  ACT  to  incorporate  the  Madison  county  Ferry  Company.  In  force, 

Feb.  3,  1840. 
Whereas  Thomas  G.  Lofton,  William  Gillham,  Moses  Seeds,  Preamble 
Wiiliam  Snyder,  and  John  Wood,  residents  of  Madison 
county,  in  this  State,  have  represented  to  the  General  As- 
sembly that  they  have,  in  good  faith,  contracted  with  Abel 
Rathburn  Corbin,  and  Elizabeth  Corbin,  his  wife,  of  the 
city  of  St.  Louis,  in  the  State  of  Missouri,  for  the  ferry 
across  the  Mississippi  river,  between  North  St.  Louis  and 
a  point  in  Illinois  five  rods  north  of  the  line  between  town- 
ship two  and  three  north,  and  also  for  the  steam  ferry  boat 
Brooklyn,  and  can  have  a  title  therefor;  and  whereas 
it  has  been  represented,  that  although  the  profits  of  said 
ferry  have  hitherto  proved  insufficient  to  induce  any  indi- 
viduals to  keep  the  same  in  operation  for  any  considerable 
time,  yet  a  company  may  be  formed ,  under  an  act  of  incor- 
poration, who  will  be  able  to  maintain  said  ferry  in  such  a 
manner  as  greatly  to  promote  the  public  convenience: 
Therefore, 

Sec.  1 .  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  rep- 
resented in  the  General  Assembly,  That  Thomas  G.  Lofton,  Wil-  R  -, 
liam Gillham,  William  Snyder,  Moses  Seeds  and  John  Wood,rate 
and  such  others  as  may  associate  themselves  with  them,  their 
successors  and  assigns,  are  hereby  constituted  a  body  corpo- 
rate by  the  nameof  the  "Madison  County  Ferry  Company,"  for  Name  an(} 
the  purpose  of  conveying,  in  steam  or  ether  boats,  persons  style, 
and  property  from  this  State,  at  a  point  five  rods  north  of  the 
place  where  the  line  between  townships  two  and  three  north 
strikes  the  bank  of  the  Mississippi  river  to  the  opposite  shore,  fe°c^ tlon  ° 
at  a  place  called  North  St.  Louis;  said  company  shall  have 
succession  for  ten  years,  may  sue  and  be  sued,  contract  and  Term  of  char- 
be  contracted  with,  may  have  a  common  seal  and  change  the  ter 
same  at  their  pleasure  during  their  corporate  existence. 

Sec  2.  The  business  of  said  company  shall  be  under  the  Business  of 
entire  control  and  management  of  five  directors,  to  be  chosen  comp'ny,how 
as  hereinafter  provided,  which  directors  shall  choose  one  0f conJucted 
their  number  to  preside  over  their  deliberations.    Said  direc- 
tors shall  continue  in  office  one  year,  and  until  their  succes- 
sors shall  be  elected  and  qualified. 


P2S  LAWS  OF  ILLINOIS. 

Sec.  3.    The  capital  stock  of  said  company  shall  be  twen- 

$25,001] icapi-  tj.five  thousand  dollars,   to   be   divided  into  shares  of  one 

hundred  dollars  each;  fifteen  per  cent,  on  each  share  to  be 

paid  at  the  time  of  subscribing,  and  ten  per  cent,  to  be  paid 

every  four  months  thereafter,  if  required  by  the  directors. 

Sec.  4.     If  any  stockholder  shall  refuse  or  neglect  to  pay 

the  balance  of  his  stock  for  ten  days  after  the  same  shall  have 

Stock,  when    become  due  and  after  the  same   shall   have  been  required  by 

forieited         the  directors,  the  president  and  directors   may    declare  his 

stock   forfeited  for  the  benefit  of  the  company. 

Sec.  5.     It  shall   be   the  duty  of  the  president  and  direc- 
tors to  give  notice  by   setting  up   at  five  of  the  most  public 
Notice  of  pay-  places  in  this  State,  within  six  miles  of  said  ferry,  written  or 
printed  advertisements,  at  least  ten  days  previous  to  the  time 
when  payments  are   required  to   be  made;    said  advertise- 
ments to  state  what  per  centum  on  the  stock  is  required  to 
be  paid,  and  the   place  where  and  the  person  to  whom  the 
same  must  be  paid. 
Commission-       Sec.  6.     Samuel  Squire,  Moses  Seeds,  Thomas  Gillham, 
ers  to  receive  J0hn  Ives  and  Calvin  Kinder,  are  hereby  appointed  commis- 
su  jscnp  ion.   gjoners?  wnose  duty  it  shall  be  to  open  books  for  the  subscrip- 
tion of  stock  of  said  company,  at  such  time  and  place  as  they 
may  think  proper,  by  setting  up  written  or  printed   notices 
in  five  of  the  most  public  places  in  six  mile  township,  at  least 
ten  days  previous  to  the  opening  of  the   books  for  subscrip- 
tion of  stock;  said  books  to  remain  open  until  all  the  stock 
is  subscribed,  or  until   otherwise  directed   by  said  commis- 
sioners. 

Sec.  7.  As  soon  as  one  half  of  the  capital  stock  of  said 
company  shall  be  subscribed  according  to  the  third  section 
of  this  act,  the  aforesaid  commissioners  shall  give  notice  to 
the  stockholders  in  the  manner  prescribed  in  the  sixth  sec- 
tion of  tlrs  act,  that  an  election  will  be  held  for  the  purpose 
Election  of  of  choosing  five  directors  of  said  company,  and  such  election 
directors         sha]|  |,e  j^u  aj-  jne  ^lme  ancj  place  previously  appointed  and 

advertised.  Each  stockholder  present  shall  be  entitled  to 
give  one  vote  for  every  share  of  stock  owned  by  him.  The 
commissioners  aforesaid,  or  such  of  them  as  may  be  present, 
shall  be  judges  of  the  first  election  of  directors,  and  shall  cer- 
tify under  their  hands  the  names  of  the  persons  duly  elected 
to  the  office  of  directors;  and  the  commissioners  shall  deliver 
to  said  directors  the  subscription  books  together  with  all  mo- 
nies paid  to  them  on  stock. 

Sec.  8.  Elections  of  directors,  subsequent  to  the  election 
provided  for  in  the  preceding  section,  shall  be  held  at  some 
Notice  of  an- place  in  this  State  within  five  miles  of  said  ferry  landing,  at 
nual elections  suc|1  pjace  anc|  at  such  time  in  the  month  of  January  in  each 
year,  as  the  directors  may  think  proper.  For  this  purpose 
the  directors  are  required  to  give  ten  days  previous  notice 
in  the  manner  prescribed  in  the  seventh  section  of  this  act, 
and  to  conduct  the  election  in  the  same  manner  as  the  com- 


LAWS  OF  ILLINOIS.  129 

missioners  are  required  to  conduct  the  election  provided  for 
in  the  said  seventh  section.  If  from  any  cause  an  election 
shall  not  be  made  at  the  time  appointed,  such  omission  shall 
not  affect  the  existence  of  the  company,  but  the  president 
shall  in  such  case  appoint  another  day,  as  soon  thereafter  as 
may  be  for  the  holding  of  such  election. 

Sec.  9.  The  president  and  directors  shall  have  power  to 
make  all  by-laws  and  regulations  that  may  be  necessary  forty-laws  and 
the  transaction  of  business  and  the  good  government  of  the  regulations 
company,  and  to  alter  or  amend  the  same  as  often  as  may  be 
necessary:  Provided,  That  such  by-laws  and  regulations  shall 
not  be  in  contravention  of  this  act,  or  of  the  constitution  or 
laws  of  the  United  States  or  of  this  State. 

Sec  10.     The  rates  of  toll  and  license  of  said  ferry  shall 
be  under  the  control  of  the  county  commissioners'  court  in  Co.  com'rs  to 
the  manner  now  provided,  or  hereafter  to  be  provided,  by  the  govern  ferry 
laws  of  this  State  regulating  ferries. 

Sec.  11.     No  othei  ferry  shall  be  established  within  one  Noo'herferry 
mile  of  the  ferry  authorized  by  this  act,  during  the  existence  within  l  mile 
of  the  said  company:  Provided,  That  the  General  Assembly  Proviso 
may  repeal  this  section  whenever,  in  their  opinion,  the  pub- 
lic interest  shall  require  it. 

Sec.  12.  The  stock  of  said  company  shall  be  transferable 
only  on  the  books  of  the  company. 

Sec.  13.     The  said  company  shall  have  power  to  held  real  Real  estate 
estate  not  exceeding  six  hundred  and  forty   acres;  to  build  hel(* 
ferry  houses,  and  build  or  purchase  ferry  boats  of  any  kind; 
to  improve  roads  and  bridges;  to  borrow  money  not  exceed- 
ing the  amount  of  their  capital  stock:  to  employ  engineers  Engineers  & 
and  ferrymen,  and  generally  to  do  such  other  things  as  shall  ferrymen 
be  necessary  to  keep  said  ferry  in  operation. 

Sec.  14.  Said  company  may  land  its  boat,  or  boats,  at 
any  point  within  one  mile  of  its  established  place  of  landing 
whenever  it  may  be  necessary  or  convenient  to  do  so,  without 
being  required  to  pay  for  any  additional  license,  and  for  that 
purpose  may  use  any  public  road  or  street,  without  let,  hin- 
drance or  charges  from  any  persons  whomsoever. 

Sec  15.  The  company  hereby  incorporated  may  con- 
tinue in  existence  during  the  term  of  ten  years  from  the  pas- 
sage of  this  act. 

Approved,  February  3,  1840. 


AN  ACT  to  relocate  a  certain  State  road  in  Pike  county.  In  force 

Feb.  1 .  1840. 
Sec  1.     Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  William  Blair,  James 
Gates,  and  John  Gaston,  of  Pike  county,  be,  and   they  are  Commission- 
hereby  appointed  commissioners   to  review  and  relocate  so  ers to  relocate 
much  of  the  State   road,  leading  from  Griggsville   in  Pikeroad 
9 


130  LAWS  OF  ILLINOIS. 

county,  to  Kinderhook,  as  is  situated  between  New  Philadel- 
phia and  Kinderhook. 

Sec.  2.     Said  commissioners,  or  a  majority  of  them,  shall 
Time  &  place  meet  at  Worcester,  on  the  first  Monday  in  April  next,  or 
of  meeting      within  sixty  days  thereafter,  and  after  being  duly  sworn  by 
some  justice  of  the  peace  to  faithfully  discharge  their  duties 
agreeably  to  the  provisions  of  this  act,  shall   proceed  to  re- 
view and  locate  that  part  of  said  road,  situated  as  aforesaid. 
Sec  3.     The  said  commissioners  shall,  within  thirty  days 
after  having  relocated  said  road,  make  report  in  writing,  and 
writing  m       fi'e  a  coPy  °f  the  same>  in  the  office  of  the  clerk  of  the  coun- 
ty commissioners'  court  in  Pike  county. 

Sec.  4.     When  said  road  is  relocated,  it  shall  be  opened 

and   kept  in   repair.     The   county    commissioners   of  Pike 

pfcom,rg  county   shall  allow  said  commissioners,  and  others  employed 

in   relocating  said  road,  such  a  compensation  as  they  may 

deem  just  and  equitable. 

Approved,  Feb.  1,  1810. 


In  force,  AN  ACT  concerning  the  Little  Wabash  river. 

Feb.  3,  1840. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
Co.  comv's  of  represented  in  the  General  Assembly,  That  the  county  commis- 
White  may     gioners'  court  of  White  county  is  hereby  authorized    to  re- 
dan^6 ni  "  moye  the  mill-dam  across  the  Little  Wabash  river,  purchased 
by  the  State,  if  to  the  said  court  it  shall  appear  advisable  so  to 
do. 

Approved,  February  3,  1840. 


In   force  &^  ACT  regulating  the  time  of  holding  the   court  in  the  counties  of 

Feb.  3   1840.  Clinton  and  Bond. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in   the  General  Assembly,  That   the  next   term  of 
CourtinBond  the  Bond   circuit  court  shall   be  held  on  the  fifth   Monday  of 
March,  1840,  and  all  process,  suits,  and   recognizances  which 
have  been  or  may  be  issued  or  entered  into,  and  made  returna- 
ble to,  the  said  court,  as  at  present  arranged,  shall  be  taken 
and  considered  to  be  returnable  to  the  time  fixed  by  this  act, 
and  shall  be  valid  to  all  intents  and  purposes. 
Judge  ofClin-      Sec.  2.  That  the  judge  of  the  circuit  court  of  Clinton  coun- 
ton  circuit      £v  may  order  a  venire  for  any  number  of  talismen  that  he 
der  venue  0r~  may  think  proper,  at  the  next  term  of  the  said  court.     This 
.       act  to  take  effect  from  and  after  its   passage;  and  the   Spring 
cult  court       term  of  the  Clinton  circuit  court  shall  continue  two  weeks. 
Approved,  February  3,  1840. 


LAWS  OF  ILLINOIS,  131 

AN  ACT   to  authorise  the  trustees  of  schools  in  township  eight  north,       In  force, 

range  five  ea6t,  to  refund  certain  moneys.  Feb.  1,    1840. 

Sec.     1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,    That  the   trustees  ot  Trustees  of 
schools,  in  township  number  eight  north,  of  range  five  east,  of  schools  in  Pe- 
the  fourth  principal  meridian,  in  the  county  of  Peoria,  be,  and  ^  m0neya 
they  are  hereby,  authorized  to  pay  over  to  the    purchasers  of 
section  number  sixteen  of  said  township,  any  amount  of  mo- 
ney the  said  purchaser  may  have   over-paid,  by  reason  of  the 
said  section  or  any  part  thereof  having  fallen  short  in  quantity, 
from  what  the  said  section  or  any  such  division  may  have  been 
supposed  to  contain  at  the  time  of  sale. 

Approved,  February  1,  1S40. 


AN  ACT  in"relation  to  the  Charleston  Seminary  and  Jonesboro'  College.      In  force, 

Feb.  3,   1840 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  trustees  of  the  Trustees  of 
Charleston  Seminary  shall  hold  their  offices  until  the  first  Mon-  Charleston 
day  in  May  next,  and  until  their  successors  are  elected  and  SemmaiT 
qualified. 

Sec.  '2.  That  an  election  shall  be  held   at  the  seminary  on 
the  first  Monday  in  May  next,  and  every  four  years  thereafter,  Time  of  elec- 
tor seven  trustees  to  said  seminary,  who  shall  hold    their  offi-  tion 
ces  for  four  years,  and  until  their  successors  are  elected  and 
qualified. 

Sec  3.  Every  person  who  shall  have  subscribed    and    paid  Who  ent£tje(j 
five  dollars,  or  who  may  hereafter  subscribe  and  pay  five  dol-  to  vote 
lars,  shall  be  entitled  to  a  vote  for  said  trustees,  and  for  every 
additional  ten  dollars  so  subscribed  and  paid  in,  [or]  which  may 
hereafter  be  subscribed   and   paid,  an  additional  vote;  which 
right  to  vote  may  be  transferred.     The  trustees  shall  keep  a 
record  of  the  names  of  the  donors,  and  the  amount  donated,  Records 
and  the  names  of  the  persons  that  such    privilege  is  transfer- 
red to. 

Sec  4.  The  trustees  shall  have  power  to  make  such  rules  powers 
and  regulations  in  regard  to  the  manner  of  holding  elections, 
and  determining  upon  who  shall  be  elected,  as  they  may  think 
proper;  and  to  make  such  other  rules  and  regulations  for  said 
seminary,  as  they  may  deem  expedient.  They  shall  keep  a 
journal  of  their  official  acts,  and  may  confer  such  degrees  as 
are  conferred  by  other  institutions  of  learning. 

Sec  5.  The  seminary  shall  not  be  used  as  a  house  of  pub-  Seminary 
lie  worship,  and  no  pupil  excluded  on  account  of  his  religious  how  used 
opinions. 

Sec  6.  The  school  commissioner  of  Coles  county  is  hereby  Dutyof 
authorized  and  required  to  pay  to  the  order  of  the  president  school  comr's 
and  trustees  of  the  Charleston  Seminary  two  hundred  dollars  0l  Coles  co- 


132  LAWS  OF  ILLINOIS. 

per  year,  out  of  the  distributive  share  of  the  State  fund,  for 
purposes  of  education,  to  the  county  of  Coles;  and  the  said 
trustees  are  hereby  authorized  to  expend  said  money  in  such 
manner  as  they  may  think  proper  for  the  use  and  benefit  of 
said  seminary. 

Sec.  7.  Two-thirds  of  the  trustees  shall  have  power  to  ex- 

7?      i  :I»    e  pel  any  member  of  said  board    of  trustees  for  mal-conduct, 
expulsion  of   r  /  .   ,  .  ' 

members         and  till  any  vacancy  which  may  occur  from  any  cause  what- 
ever.    And  the  provisions  of  this  act  shall  apply  to  the  Jones- 
Jonesboi-o'      borough  College  in  all  respects  whatever,  on  condition  that  a 
college  majority  of  the  qualified  voters  of  said  town  of  Jonesborough 

shall  signify  their  willingness  to  the  same  by  a  vote  of  said 
town,  on  or  before  the  first  day  of  June  next. 
Approved,  February  3,  1840. 


'In  force       AN  ACT    supplemental  to  an  act  entitled  "an   act  to    incfirpnrate  the 
Feb.  3  1840.  Quincy  House  Company,"  approved  March  2  [Feb.  21,]  1839. 

Sec.  1.   Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented   in  the  General  Assembly,  That  the  Quincy  House 
Capital  stock  Company  be,  and  the   same  are  hereby  authorized  and  em- 
may  be  exten-  powered  to  add  to  the  capital  stock  of  said  Company,  at  any 
ded>  time  before  the  first  day  of  January,  1841,  by  a  purchase  of 

all  the  lands,  tenements,  hereditaments  and  appurtenances 
held  by  the  Illinois  Land  Company,  all  of  which  said  lands 
having  been  heretofore  conveyed  by  sundry  persons,  to  Charles 
F.  Moulton,  Daniel  Low,  David  H.  Nevins,  John  N.  Gossler, 
Lands  of  Ills.  jonn  y(.  Leavitt,  Joseph  L.  Joseph,  Samuel  S.  Lewis,  Amos 
Binnoy,  James  C.  Dunn,  Joseph  Swift,  Lemuel  Lamb, 
Charles  Atwater,  and  James  B.  Danforth;  also  to  Lemuel 
Lamb,  and  Thomas  Dunlap,  at  such  price,  and  on  such  terms 
as  the  said  Quincy  House  Company,  and  the  Trustees  and 
Directors  on  behalf  of  the  Illinois  Land  Company  may  think 
proper-  to  contract,  which  lands  were  purchased  of  sundry 
individuals  by  the  said  trustees  and  directors,  and  are  sititate 
in  the  State  of  Illinois,  and  constitute  the  joint  interest  of  the 
Illinois  Land  Company,  of  which  company  John  Tillson  jr., 
is  their  general  agent. 

Sec.  2.  Upon  the  purchase  of  the  lands  and  other  property 

belonging   to  the   Illinois   Land   Company-   by  the   Quincy 

House  Company,  the  said  Quincy  House  Company  may  issue 

Additional      fifteen  thousand    shares  of  additional  stock   of  one   hundred 

stock  dollars  each,  and  the  lands  so  purchased  shall  all  be  disposed 

of  by  said  company  on  or  before  the  first  day  of  January,  A.  D. 

Sales  of  lands  1848,  first   offering  the  same  at  public  sale  at  the  office  in 

Qu'ncy,  Illinois,  giving  at  least  sixty  days  previous  notice  of 

such  sale   by  advertisement  in    at  least  four  of  the  public 

newspapers  printed  in  this  State,  and  that  certain  portions  of 

said  land,  not  less  than  one-eighth  of  the  quantity  they  may 


LAWS  OF  ILLINOIS  133 

own,  shall  be  brought  inlo   market  in  each  and   every  year, 

until   all  shall  have  been    disposed  of  by  the  company,  and 

that  the  minimum  price  at  the  public  sale  shall  not  exceed  the 

government  price,  though  after  the  public  sale  is   over,  all  of 

said  lands  remaining  unsold  may  be  disposed  of  at  any  price, 

and  on  such  terms  as  the  said  company  may  think  proper. 

Sec.  3.  All  deeds  and   documents  of  every  kind,  relating 

to  the   title  of  any  property  that  may  be  conveyed  to   the 

Quincv  House  Company  as  aforesaid,  and  that  may  be  found  _     . 

•  •  ••iii  j     •  jIu  Deeds  and 

in  anywise  requisite  to  place  on  record,  in    order  to  show  a  paperg  may 

more  perfect  chain  of  title  to  any  portion  of  the  property  so  be  recorded  in 

held  by  them,  may  be  recorded  in  the  recorder's  office  of  the  Adams  co. 

county  of  Adams;  and  it  shall  not  be  requisite  to   record  said 

deeds  or  documents  in  any  other  county  in  this  State. 

Sec.  4.  The  Legislature  reserve  the  right,  after  the  first  Risjht  resenr- 
day  of  January  1843,  to  investigate  the  books  and  papers  of ed  t0  Legiela- 
the  Quincy  House  Company,  and  to  call  upon  the  officers  for 
any  information  they  may  wish  for,  in  reference  to  a  final  dis- 
position, by  said  company,  of  all  the  lands  and  other  prop- 
erty conveyed  to  them  by  the  trustees  and  directors  of  the 
Illinois  Land  Company,  and  to  reduce  the  capital  stock  of  the 
said  Quincy  House  Company  to  the  original  capital  of  one 
hundred  thousand  dollars;  and  inquire  them  to  confine  their 
operations  exclusively  to  the  manag  >ment  of  the  same,  and 
the  business  necessarily  connected  therewith. 

Sec.  5.  Should  the  Illinois  Land  Company  accept  the  pro- 
visions of  this  act,  and  consent  to  a  sale  of  their  property  to 
the  Quincy  House  Company,  they  shall  signify  their  accept- 
ance of  the  same  by  an  instrument  of  writing  under  the  hand 
and  seal  of  John  Tillson  jr.,  the  general  agent,  which  said 
acceptance  shall  be  filed  with  the  secretary  of  the  Board  of 
Directors  of  the  Quincy  House  Company,  and  by  him  entered 
upon  the  records  of  said  company.  Said  secretary  shall  make 
out  and  certify  a  copy  of  said  acceptance,  and  transmit  the 
same  to  the  Auditor  of  Public  Accounts,  to  be  by  him  filed 
and  preserved  in  his  office. 

Sec.  6.  The  corporate  existence  of  the  said  Quincy  House  Existence  of 
Company  shall   wholly   cease  at  the  termination  of  twenty  ^^ 
years  from  the  passage  of  this  act. 

Approved,  February  3,  1840. 


AN  ACT  to  alter  a  certain  State  road  in  Fayette  countv.  In  force, 

n        Feb.   1,  1840 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  so  much  of  the  State 
road  lending  from  Greenville  to  Shelby  ville,  as  lies  in  Fayette  ed°a  g 

county,  be,  and  the  same  is  hereby,  changed  as  follows:  leav- 
ing the  old  road  at  Mathew  Pope's  line,  in  section  twenty-nine, Alteratl0n 
running  thence  fifty-eight  rods  to  said  Pope's  corner;  thence, 


134  LAWS  OF  ILLINOIS. 

north-east  ninety-three  rods,  so  as  to  intersect  the  old  road  at 
Jonathan  Cooke's  line,  in  section  twenty-one,  township  eight 
north,  range  one  west  of  the  third  principal  meridian;  any 
law  to  the  contrary  notwithstanding. 

Sec.  2.  The  county  commissioners  of  Fayette  county  may, 

Road  may  be  at  their  March  term,  make  an  order  for  the  relocation  of  said 

relocated  r0ad,  as  described  in  the  first  section  of  this  act,  and  when  so 
surveyed  and  located,  shall  be  declared  a  State  road,  and  kept 
in  repair  as  other  public  roads  in   this  State.     Said  court  is 

Expenses  how  hereby  authorized  to  pay  all  reasonable  expenses  which  may 

pai  be  incurred  in  the  relocation  of  said  road. 

Approved,  February  I,  1840. 


In  force,  AN  ACT  for  the  benefit  of  Wildy  Lodeje  in  the  town  of  Galena. 

Feb.  3,  1840. 

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

represented  in  the  General    Assembly,   That   John    Turney, 

Constantine  Kentlenback,  Edward  H.  Snow,  and  John    G. 

Body  politic    P°Ms,  their  associates  and  successors,  in  the  town  of  Galena, 

and  corporate  be  and  they  are  hereby  constituted  a  body  politic  and  corpo- 

ftame  &  style  rate,  under  the  name  and  style  of  Wildy  Lodge,  number  five, 

of  the  Independent  Order  of  Odd  Fellows,  for  the  purpose  of 

producing  harmony  and   good    fellowship,  promoting  their 

common  interest,  disseminating  useful  knowledge;  to  relieve 

Objects  and  give  succor  to  the  distressed  of  their  own  order,  and  for 

the  general  purposes  of  charity  and  good  feeling,  and  for  no 

other  purpose  whatsoever.     The  said  corporation  is  declared 

Powers.  and  hereby  made  capable   in   law  to   sue  and  be  sued,  plead 

and  [be]  impleaded ;  to  have  a  common  seal,and  the  same  to  al- 

„     .  ter  and  renew  at  pleasure:  Provided,  That  the  said  corpora- 

tion  shall  not  hold  more   than  one  acre  of  ground  with  the 

improvements   thereon,  except   such  as  shall  be  donated  to 

and  for  the  sole  use  and  behoof  of  said  corporation. 

Approved,  February  3,  1S40. 


In  force  ^^  ACT  to  vacate  certain  alleys  in  the  town  of  Winnebago. 

Dec  10,  1839. 

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

represented  in  the  General  Assembly,  That  so  much  of  those 

alleys  in  the  town  of  Winnebago,  as  run  through  block  one, 

block  i&  40  an(l  block  forty  of  said    town,   be,  and  the  same  are  hereby 

vacated  vacated:  Provided,  That  the  consent  of  the  owners  of  lots  on 

Proviso.         g^d  a]jevs  sna]i  f^  be  obtained.     , 

Certificate  of       This  bill  having  been  laid  before  the  Council  of  Revision,  and  ten  days 
Sec.  of  State  not  having  intervened  before  the  adjournment  of  the  General  Assembly, 

and  said  hill  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  ay  hand  this  10th  day  of  December,  1839. 

A.  P.  FIELD,  Secretary  of  State. 


LAWS  OF  ILLINOIS.  135 

AN  ACT  for  the  benefit  of  Vesty  Adaline  Martin .  In  force, 

Dec.  10,  1839. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Vesty  Adaline 
Martin,  of  Shelby  county,  in  this  State,  is  hereby  rendered 
free  and  capable  in  law  of  doing  and  performing  every  and 
all  acts,  which  would  be  competent  for  persons  of  full  age  to 
do  and  perform,  and  all  such  acts  shall  possess  the  same  validi- 
ty, force,  and  effect,  as  if  the  said  Vesty  Adaline  Martin 
was  of  legal  and  mature  age.  This  act  to  take  effect  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  Assem-  Secret'y  State 
bly,  and  the  said  bill   not  having  been  returned  with  the  objections  of 
the  council,  on  the  first  day  of  the  present  session  of  the  General  Assem- 
bly, the  same  has  become  a  law. 

Given  under  my  hand,  the  10th  day  of  December,  1839. 

A.  P.  FIELD,  Secretary  of  State. 


AN  ACT  to  incorporate  the  Kankakee  manufacturing  company.  jn  force 

Dec.  10,  1830. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Jacob  B.  Merrick, 
Richard  J.  Wells,  Jeremiah  Price,  Henry  Green,  Allen  H. 
Howard,  Artemus  Doane,  John  G.  Castu,  and  their  associates 
and  successors,  be,  and  they  are  hereby  constituted  a  body  Body  politic 
corporate  and  politic,  by  the  name  and  title  of  the  Kankakee  Name  &  style 
Manufacturing  Company,  to  be  located  in  the  town  of  Kan- 
kakee, La  Salle  county,  and   by   that  name   and  title  shall 
have  power  to  sue  and  be  sued,  contract  and  be  contracted  Powers 
with,  plead  and  be  impleaded,  defend  and  be  defended,  answer 
and  be  answered  unto,  in  all  courts  of  law  and  equity  having 
competent  jurisdiction. 

Sec  2.     The  said  company  shall  be  vested  with  full  power 
to  erect  a  dam  across  the  Kankakee   river,  in  said  town  of  Dam  to  be 
Kankakee,  of  such  height  and  on  such  a  plan  as  shall  nolbuilt* 
obstruct  the  ordinary  navigation  of  said  stream,  or  interfere  Navigat'nnot 
either  with  private  or  public  rights  to  erect  mills,  furnaces, ^  eo  8truct" 
machine  shops,  and  all  other  machinery  for  the  purpose  of 
transacting  all  kinds  of  manufacturing  business  which  they 
shall  deem   proper,  to   give  and  receive   promissory  notes, er"11  er  pow" 
to  purchase,  take,  and  hold  such  property,  either  real,  per- 
sonal, or  mixed,  as  may  be  necessary  to  carry  into  effect  the 
object  of  said  company,  and   the  same   to  sell,  exchange, 
or  otherwise  dispose  of:  Provided,  The  quantity  of  real  es-proviso 
tate  so  purchased,  and  held  by  such  company  shall  not  exceed  ' 
three  hundred  and  twenty  acres;  to  ordain,  establish,  and 
put  in  execution  such  by-laws,  ordinances  and  regulations  as  By-laws 
may  be  necessary  for  the  good  government  of  said  incorpo- 


136  LAWS  OF  ILLINOIS. 

ration,  to  have  a  common  seal,  make,  alter,  break,  or  renew 
the  same  at  pleasure,  and  to  do  all  other  acts  and  things 
which  they  may  deem  best  for  the  interest  of  the  company, 
not  contrary  to  the  law  or  the  constitution. 

Sec  3.     The  capital  stock  of  said  company  shall  be  one 
Capital  stock  hundred  thousand  dollars,  with  power  to  increase  the  same 
fe  increased^  to  ^ve  nundred  thousand  dollars,  at  the  pleasure  of  the  corn- 
to  $500,000     pany,  which  capital  stock  shall  be  divided  into  shares  of  one 
hundred  dollars  each.     The  total   amount  of  debt  which  the 
Total  debt  of  company  shall  at  any  time  owe,  shall  not  exceed  the  amount 
company        0f  their  capital  stock;  but  in  case  an  excess  of  debt  shall  be 
Private  pro-  created  or  permitted,  the  private  property  of  the  board  of  di- 
perty  holden  rectors  under  whose  administration  it  shall  happen,  shall  be 
holden  for  the  same,  but  this  shall  nol  exempt  the  corporate 
property  of  the  company  from  being  also  liable  for  such  ex- 
cess. 

Sec.  4.     The   charter    of   incorporation   hereby   granted 
ter  '"shall  continue  in  force  twenty  years  from  and  after  the  pas- 

sage of  this  act. 
Subscription       Sec  5.     Subscriptions  to  the  capital  stock  of  said  company 
books  shall  be  opened  under  the  direction  of  Jeremiah  Price,  Rich- 

Directors  for  apd  J*  Wells,  Henry  Green,  A.  H.  Rowland,  and  J.  B.  Mer- 
time  being      rick,  who  shall  be  directors  from  the  time  this  act  takes  effect 
and  until  others  are  elected,  and  it  shall  be  the  duty  of  the 
directors  for  the  time  being,  to  call  for  and  to  demand  of  the 
stockholders  respectively  all  sums  of  money  by  them  sub- 
scribed at  such  times  and  in  such   proportions  as  they  shall 
Notice  of  pay- see  lit,  giving  always  sixty   days  notice  in  a  public  journal 
me.nts.on  sub"  printed  in  or  nearest  to  said  town;  and  in  case  of  failure  on 
the  part  of  any  of  the  stockholders  or  their  legal  representa- 
tives to  pay  in  said  stock  as  required,  or  within  thirty  days 
thereafter,  all   the  interest  they  may  have  in  said   company 
Forfeiture  of  shall  be  forfeited  to  the  members  thereof.  So  soon  as  the  capi- 
stock  taj  stoc]c  sha]|   have  been  subscribed,  it  shall  be  the  further 

duty  of  the  directors  above  named,  to  proceed  to  distribute 
the  stock  among  the  .subscribers  in  such   manner  as  they 
shall  deem  best  for  the  interest  and  future  prosperity  of  the 
company. 
Officers  Sec  6.     The  officers  of  said  company  shall  consist  of  a 

board  of  five   directors,  one  of  whom  shall  be  elected  Presi- 
dent of  the  board;  they  shall  be  chosen  annually,  from  among 
Election  to  be  the  stockholders,  at  the   time  such  elections   may   be  held, 
annual  ancj  m  ^^  manner  as  a  majority  of  the  stockholders  shall 

ordain  and  determine;  each  share  of  the  stock  shall  be  enti- 
tled to  one  vote,  and  the  members  may  vote  either  in  person 
or  by  proxy;  a  majority  of  the  directors  shall  constitute  a 
quorum  to  do  business. 

Sec  7,     The   board  of  directors  or  a  majority  of  them 

Special  meet-  shall  have  power  to  call  special  meetings  of  the  company  and 

to  fix  the  times  of  holding  the  annual  meetings  for  the  election 


LAWS  OF  ILLINOIS.  137 

of  officers,  by  giving  sixty  days  previous  notice  in  the  nearest  Notice 

public  journal;  to  fill  vacancies  that  may  occur  in  their  own  Vacancies, 

body,  either  by  death  or  resignation,  to  hold  their  offices  until how  fiIled 

their  successors  are  elected;  to  appoint,  employ,  and  dismiss 

at  their  pleasure  a  treasurer, secretary,  and  all  other  officers,  Treasurer  & 

agents,  clerks,  mechanics,  laborers,  and  servants,  and  to  fix  °^ei^°fficers» 

their  compensation,  in  order  to  execute  and  transact  v\\  the 

necessary  and  proper  business  of  the  company,  and  to  make 

and   prescribe  such   rules,  regulations  and  by-laws,  relative  Rules,  by- 

to  the  concerns  of  said  incorporation  as  the  interest  of  the       s 

company  may  require. 

Sec.  8.     It  shall  be  the  duty  of  said  board  of  directors,  at 
all  times,  to  keep  pioper  books  of  accounts,  in  which   they  Books  of  ac- 
shall  register  all  the  transactions  of  the   company,  which  count 
books  shall  at  all   times  be  subject  to  the  inspection  and  ex- 
amination   of  the  stockholders,  to   make  annual  and  semi- 
annual dividends  of  so  much  of  the  profits  of  said  company  Dividends 
as  they  shall  deem  advisable  for  the  interest  of  the  company, 
and  whenever  required  by  a  majority  of  the  stockholders  to 
exhibit  at  a  general  meeting,  as  complete  and  perfect  a  state- 
ment of  all  the  debts,  credits,  and  of  all  other  matters  in  rela- 
tion to  the  affairs  of  the  company,  as  may  be  deemed   essen- 
tial. 

Sec.  9.     The  stock  of  said  company  shall  be  deemed  per-  Stockdeemed 
sonal  property,  and  assignable  and  transferable  on  the  books  personal 
of  the  company,  but  no  stockholder  indebted  to  the  company 
shall  be  permitted  to  make  a  transferor  an  assignment,  until 
such  debt  be  paid,  or  secured  to  be  paid  to  the  satisfaction  of 
the  directors. 

Sec.  10.     A  majority  of  the  stockholders  may  call  a  spe-  Special  meet- 
cial  meeting  of  the  company  when  they  deem  it  necessary.      iu%s 

Sec.  11.     This  act  is  hereby  declared  a   public  act,  and  Public  act 
shall  take  effect  from  and  after  its  passage;  and  the  Legisla- 
ture hereby  reserves  the  right  to  alter,  modify,  or  repeal  thisr^1  .T^nff" 
act,  or  any  part  of  its  provisions,  whenever  they  may  deem  ture 
the  public  interest  to  require  the   same:   Provided,  That  in  Proviso 
case  of  repeal,  the  said  corporation  shall  he  allowed  such  rea- 
sonable time  to  dispose  of  their  property,  and  close  their  con- 
cerns, as  in  the  wisdom  of  the  Legislature  may  be   deemed 
equitable  and  just. 

This  bill  having  been  laid  before  the  Council  of  Revision,  and*  ten  days  not  rv,»,-fi„.w„      r 
,      .        .   .    °        ]i/-  i         t  r-    ,     .V  iV      J  1 1     certificate    01 

having  intervened  belore   the  adjournment  of  the  General  Assembly,  g        ■  *  s.„, 

and  the  said  bill  not  having  been  returned  with  the  objections  of  the 
council  on  the  first  day  of  the  present  session  of  the  General  Assem- 
bly, the  same  has  become  a  law. 

Given  under  my  hand  this  10th  day  of  December,  1839. 

A .  P.  FIELD,  Secretary  of  State. 


138  LAWS  OF  ILLINOIS. 

In  force,      AN  ACT  to  incorporate  the  Vandalia  and  Mississippi  Turnpike  Company. 
Dec.  10,  1839. 

Sec.   1.  Be  it  enacted  by  the  people,  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  James  Black,  James 
Body    corpo-  T.  B.  Stapp,  Robert  K.  McLaughlin  and  Robert  Blackwell  of 
rate  Fayette  county,  Thomas  Keys,  Seth  Blanchard,  J.  W.  Fitch, 

William  S.  Wait,  James  Bradford,  William  Smith,  Lorenzo 
D.  Plant  and  Duncan  Johnson  of  Bond  county,  James  Rey- 
nolds of  Madison  county,  Vital  Jarrott,  William  W.  Romann 
and  Benjamin  T.  Kavanaugh  of  St.  Clair  county,  and  their 
successors  in  office  duly  elected  as  hereinafter  directed,  are 
hereby  constituted  and  appointed  a  body  politic  and  corporate, 
Name  and  and  by  the  name  and  style  of  "the  Vandalia  and  Mississippi 
style  Turnpike  Company,"  shall  be  able  and  capable  in  law  and 

equity,  to  defend  and  be  defended,  answer  and  be  answered 
into,  in  any  and  all  courts  of  justice  whatever,  to  purchase  or 
donatJns^In  receive  donations  of  land,  money,  or  other  valuable  thing, 
hand  &c.        to  borrow  money,  and  do  all  matters  and  things  necessary  to 
carry  into  effect  the  objects  contemplated  in  this  act  as  fully  as 
natural  persons  could  do,  for  the   purpose  of  raising  means  to 
complete  the  road   hereinafter  named,  but  for  none  other;  to 
May  thave  a  make  and  use  a  common  seal,  and  the  same  to  alter,  change, 
seal  or  renew  at  pleasure,  and  shall  be  able  in  law  to  make  con- 

tracts, and  enforce  the  same,  and  to  make  and  enforce  the  ne- 
To  make  by-  cessary  by-laws,  rules,  and  regulations,  to  enable  them  to  carry 
laws  unto  effect  the  provisions  of  this  act,  and  the  objects  contem- 

plated by  the  same,  not  inconsistent  with  the  laws  and  consti- 
tution of  this  State. 
«500  000St°Ck      ^EC"  ^"     ^e  capital  stock  of  said  corporation  shall  be  five 
Shares  hundred  thousand  dollars,  divided  into  shares  of  fifty  dollars 

Capital  stock  each,  with  power  to  increase  the  capital  stock  if  necessary  to 
may  be  m-  accomplish  the  objects  herein  contemplated. 
Time  &  olace  ^ECl  [^'1  ^ne  directors  in  this  act  named  or  a  majority  of 
of  meetingof  them,  shall  meet  at  such  time  and  place  as  they  may  agree  on, 
directors  arid  organize  said  corporation  by  electing  one  of  their  own 
President0  b°dy  to  be  president;  and  after  such  organization,  any  three 
Quorum         of  said  board  shall  be  a  quorum  to  do  business,  but  after  an 

election  for  directors  it  shall  require  five  to  form  a  quorum. 
Appointment       Sec.  4.     The   corporation   shall    have   power    to  appoint 
of  agents.       agents,    clerks,  treasurers,  surveyors,  engineers,  superinten- 
dants,  artists,  and  all  other  officers,  and  persons  necessary  to 
Journals    of  carry  into- effect  this  act,  they  shall  keep  a  journal  of  all  their 
proceedings    proceedings,  in  which  shall  be  entered  all  by-laws,  rules,  and 
regulations  and  all  orders  for  the  payment  of  such  allowances, 
as  may  be  made  to  their  officers,  and  all  others  in  their  em- 
ployment, which  journal  shall  from  time  to  time  be  read,  cor- 
rected and  signed  by  the  president.    They  may  sit  on  their  own 
adjournment,  or  on  the  call  of  the  president.     When  the  pre- 
President  pro  gident  is  absent,  they  may  appoint  a  president  pro  tempore',  they 
shall  fill  all  vacancies  that  may  happen  in  their  own  body. 


LAWS  OF  ILLINOIS.  139 

Sec.  5.  The  corporation  shall  cause  books  to  be  opened  for  Books  of  sub- 
subscription  to  the  capital  stock  at  such  time  and  such  place  or  scnPtlon 
places  as  they  may  choose,  one  notice  of  which  shall  be  given 
in  some  public  newspaper  in  this  State;  in  each  of  which 
books  the  following  entry  shall  be  made:  we,  the  undersigned  EinU  .to    be 
promise  to  pay  the  sum  of    dollars  for  each  share  of  stock  set  ™VV° 
opposite  our  names,  in  such  manner  and  proportions,  and  at  books 
such  times  as  the  president  and  directors  of  the  Vandalia.  and 
Mississippi  turnpike  company  may  direct,  witness  our  hands 
this         day  of. 

Sec.  6.     It  shall  be  lawful  for  all  persons  of  lawful   age,  Who  may  sub- 
or  for  the  agent  of  any  corporate  body,  to  subscribe  for  any  scribe    for 
amount  of  the  capital  stock,  and  the   said  corporation  may, Sl 
by  an  agent,  offer  for  sale  in  every  other  State  any  amount  of 
stock  upon  such  terms  and  conditions  as  may  be  thought  ad- 
visable, and  they  shall  have  power  on  their  own  credit  to 
borrow  upon  such  terms  as  may  be  agreed  on  by  the  parties.  m^ 
The  corporation  may  require  such  sum  of  money  to  be  paid 
at  the  time  of  subscribing,  not  exceeding  five  dollars  on  each  Amount  to  be 
share,  as   they  may  think    proper,  but  the  amount  required  P/"d  on  <?acli 
shall  be  made  known  at  the  notice  for  opening  the  books,  and  scvjbed 
any  further  payments  on  the  stock  shall  be  under  the  control 
of  the  corporation. 

Sec  7.     As  soon  as  five  hundred  shares  are  subscribed  for,  When   500 
and  five  dollars  paid  on  each  share,  it  shall  be  the  duty  of  theke'n  directors 
corporation  to  give  three  weeks  notice  thereof  in  such  news- may  be  cho- 
paper  in  this  State,  and  in  such  notice  appoint  a  time  andsen 
place  for  the  stockholders  to  meet  and  elect  eleven  directors 
who  shall   be  stockholders  and   citizens   of  this  State,  and 
which  election  shall  be  by  ballot,  conducted  under  the  super-  Qualifications 
intendence  of  an  inspector  and  two  judges  appointed  by  the 
stockholders  present,  and   the    persons  having  the  highest Electionshow 
number  of  votes  for  directors,  shall  be  declared  duly  elected;  conducted 
no  share  shall  confer  a  right  to  vote  at  any   election,  unless  Shares^  when 
the  same  shall  have  been  held  one  month  previous  to  the  elec-  "°voeteU 
tion;  in  all  elections  each  share  shall  entitle  the  holder  to  one 
vote  only,  to  be  given  by  the  person  owning  the  same,  or  by 
one  of  any  partners,  or  by  the  husband,  father,  mother,  ad- 
ministrator, or  executor,  or  trustees,  or  guardians,  or  by   the 
agent  of  any  corporation,  or  of  any  person  having  a  right  to, 
may  vote  by  proxy. 

Sec  8.     It  shall  be   the  duly  of  the  directors  elected  as 
above  and  those  elected  at  all  subsequent  elections,  to   meet ml^andelect 
as  soon  thereafter  as  may  be  convenient,  and  elect  one  of  President 
their  body  to  be  president;    the  president  and  directors  thus 
elected,  shall  continue  in  office  until  the  next  annual  election, Term  of  office 
and  until  their  successors  are  elected  and  qualified.  of  officers 

Sec  9.     All  elections  after  the  first,  shall  be  held  on  the 
first  Monday  in  January,  annually,  under  the  direction  of  the  Annual  elec- 
stockholders  present,  of  which  election  notice  shall  be  given; tlons 


140  LAWS  OF  ILLINOIS. 

but  should  no  election  be  held  on  the  day  appointed  by  this 
act,  or  by  the  directors  for  the  first  election,  it  shall  be  lawful 
to  hold  the  election  on  any  other  day. 

Sec.  10.  Certificates  of  stock  shall  be  given  to  the  stock- 
Evidence  of  holders,  which  shall  be  evidence  of  the  stock  held,  they  shall 
stock  held  De  sjgne(]  Dy  the  president  and  countersigned  by  the  clerk, 
May  be  trans-  the  stock  shall  be  transferable  on  the  books  of  the  corpora- 
ferred  tion  only,   by  an  agent  or  attorney,  or  by  the  adminstrator, 

executor,  trustee,  or  guardian,  but  such  stock  shall  be  at  all 
Held  for  debts  times  holden  by  the  corporation  for  any  dues  from  the  holders 
due  corpora-  thereof  to  the  corporation,  or  for  any  sums  that  may  thereaf- 
ter become  due  on  a  contract  made  prior  to  such  transfer. 
Sec  11.     The   corporation  shall   have  power  to  call  for 
Instalments    such  portions  of  the   stock  subscribed  not  exceeding  twenty 
five  per  centum,  every  six  months,  as  they  may  think  proper, 
to  be  paid  at  such  times  and  places  as  they  may  designate  by 
Notice  of  pay- giving  sixty  days  notice  in  some  newspaper  of  this  State,  or 
ments  ^  givjn^  written  notice  to  the  stockholders,  in  which  shall  be 

specified  the  amount  demanded  on  each  share,  and  the  time 
and  place  of  payment;  and  if  any  stockholders  shall  neglect 
Refusal  to  pay  or  refuse  to  pay  such  requisition  within  ten  days  after  the  time 
instalments,  narnec|  for  sucn  payment,  the  corporation  may  bring  suit 
stockholder  against  [any]  delinquent  for  the  amount  due,  and  called  for, 
to  suit  in   any    court  of  competent  jurisdiction,  and   recover   the 

amount  with  two  per  centum  interest  thereon,  per  month,  and 
if  the  amount  cannot   be  made  on  execution,  or  if  [said]  de- 
linquent is  out  of  the  State,  then  the  corporation  may,  by 
Stock,  when    an  order  on  their  books,  declare  such   stock  forfeited  to  the 
forfeited  corporation,  with  whatever   amount    may  have  been   paid 

thereon;  and  no  such  delinquent  before  the  forfeiture  of  his 
stock  shall  have  the  right  to  vote  for  directors,  or  receive  any 
dividend  on  his,  her,  or  their  stock,  until  the  corporation  is  ful- 
All  officers  to  ly  satisfied.  The  corporation  shall  require  of  all  officers  and 
give  bond  others  in  their  employ,  bonds  with  security  as  they  may  think 
proper  for  the  faithful  performance  of  their  duties. 

Sec.  12.  The  corporation,  by  their  agents  shall  have  pow- 
Corporation  er  from  time  to  time  to  ex;!  mine,  survey,  mark,  and  locate  the 
may  examine,  roacj  for  a  turnpike  road  from  the  termination  of  the  Cum- 
ca'eroad  °"berland  road  in  Vandalia,  or  in  case  said  road  is  continued 
Route  to  Alton  or  elsewhere  not  on  the  line  proposed  in   this  char- 

ter, then  from  some  convenient  point  on  said  road  to  be  se- 
lected by  the  president  and  directors  of  this  corporation,  so 
as  to  pass  by  the  way  of  Greenville  or  to  branch  at  Green- 
ville, and  thence  to  Amity  in  Bond  county,  and  thence  to  the 
Route  Mississippi  river  in  Illinois  town,  or  at  a  point  opposite  to  the 

upper  ferry,  opposite  North  St.  Louis  with  full   power  to  di- 
How  far  may  verge  from  a  direct  line,  not  exceeding  two   miles  in  twenty 
diverge  from  DetWeen  the  points  named,  when  more  favorable  ground  can 
be  had  for  the  construction  of  said  road,  the  same  to  be  not 
Width  of  road  more  than  eighty  feet  in  width,  and  the  said  corporation  shall 


LAWS  OF  ILLINOIS.  141 

nave  full  power  and  authority  to  open  books  for  the  subscrip- 
tion of  stock  for  the  entire  construction  of  said  road  its  whole 
length,  as  said  corporation  may  deem  most  advisable  under 
the  regulations  and  provisions  of  this  act. 

Sec.  13.  And  for  the  purpose  of  making  such  examination 
and  location,  it  shall  be  lawful  for  the  corporation  by  their 
agent  or  persons  in  their  employ,  to  enter  upon  any  land,  to 
make  surveys  and  estimates,  and  for  the  purpose  of  searching 

for  stone,  gravel,  wood,  or  other  materials  necessary  for  the  .,  ,    .  . 

~  .  .  *  ivlatena]s  to 

construction  of  said  road,  but  no  stone, gravel  or  other  material  construct  ro'd 

shall  be  taken  away  from  any  land  without  the  consent  of  the 
owner  thereof,  until  the  rate  of  compensation  shall  be  ascer- 
tained  and  paid. 

Sec.   14.     It  shall  be  lawful  for  the  corporation  either  be- 
fore or  after  the  location  of  any  section  of  the  road,  to  obtain 
from  the  person  or  persons  through  whose  land  the  same  may 
pass,  a  relinquishment  of  so  much  of  said   land  as  may  be  Reiinqmshm't 
necessary  for  the  construction  of  said  road  as  also  the  stone  oflancis where 
gravel,  timber,  and  other  materials  that  may  be  obtained  on  roa(i  Passes 
said  route;  and  may  contract  for  stone,  gravel,  timber,  and 
other  materials  that  may  be  obtained   from  any  lands  near 
thereto;  to  receive   by  donations,  gifts,  grants,  or   bequests, 
lands,  money,   labor,  property,  stone,  gravel,  wood,  or  other 
materials  for  the  benefit  of  said  corporation;  and  all  such  con- 
tracts, relinquishments,  and   donations,  gifts,  grants,  or  be-  Contracts, &c 
quests,  made  and  entered  into,  in  writing,  by  any  person  or  made  to  be 
persons,  able  in  law   to  contract,  made  in  consideration  ofbin      5 
such  location,  and  for  the  benefit  of  the  corporation,  shall  be 
binding  and  obligatory;  and  the  corporation  may  and  shall 
have  their  action  at  law  in  any  court  of  competent  jurisdic- 
tion, to   compel   a   compliance  thereto:  Provided,  That  all  Proviso 
such  contracts,  relinquishments,  donations,  gifts,  grants,  and 
bequests,  shall  be  made  in  writing  by  the  party  making  the 
same. 

Sec.  15.     That  in  all  cases  where   any  person  through 
whose  land  the  road   may  run  shall  refuse  to  relinquish  the  Refusal  to  re- 
same,  or  where  a  contract  between   the   parties  cannot  be  Knquish 
made,  it  shall  be  lawful  for  the  corporation  to  give  notice  to 
some  justiceof  the  peace, in  the  county  where  such  circumstan- 
ces occur  or  may  exist,  and  such  justice  shall  thereupon  sum- 
mon the  owner  of  said  land  to  appear  before  him  upon  a  parti- 
cular day  within  ten  days  thereafter,  and  shall  appoint  twelve 
disinterested  persons  of  the  neighborhood,  who  shall,  after  ta- 
king an  oath  faithfully  and  impartially  to  assess  the  damages  Damages  to 
if  any,  view    the  land  or  materials,  and  after  having  taken  be  assessed 
into  consideration  the  advantages  as  well  as  disadvantages, » Stakes 
the  road  may  be  to  the  same,  report  thereon  whether  such 
person  is  entitled  to  damages  or  not,  and  if  so  how  much; 
and  shall  file  said  report  with  said  justice;  whereupon  said 
justice  shall  enter  judgment   thereon  unless  for  good  cause 
shown;  and  in  case  either  party  shall  show  sufficient  cause 


142  LAWS  OF  ILLINOIS.  , 

why  judgment  shall  not  be  entered,  the  justice  may  grant  a 
Proviso  review  of  the  premises  either  with  or  without  costs:  Provided, 

either  party  may  at  any  time  after  the  rendition  of  judgment 
Appeals  al-_  appeal  to  the  circuit  court  of  the  proper  county,  as  in  other 
cu7t  court  C""cases'  an(*  sucn  court  sna^  appoint  reviewers  as  above  direct- 
Jud  ent'of  ed,  who  may  report  at  that  or  the  succeeding  term,  in  the 
circuit  court  discretion  of  the  court,  and  the  judgment  of  the  circuit  court 
final-  shall  be  final  when  rendered. 

Sec.  16.  And  in  all  cases  when  the  owner  or  owners  of 
such  land  or  materials  shall  be  minors,  insane  persons,  or  re- 
side out  of  the  county  where  such  land  may  lie,  such  justice 
shall  cause  three  notices  of  the  application  made,  and  of  the 
day  fixed  for  the  appointment  [of]  viewers,  to  be  posted  up 
in  three  of  the  most  public  places  in  the  county,  and  if  no 
person  should  appear  on  the  day  named  in  said  [notice]  such 
justice  shall  adjourn  the  same  until  that  day  two  weeks,  at 
which  time  he  shall  proceed  as  if  such  person  or  persons 
had  been  duly  notified  to  attend;  and  on  such  judgment  being 
When  corpo- rendered,  and  the  corporaiion  complying  therewith,  by  the 
ration  sha,1^e  payment  of  costs  or  damages,  or  both,  according  to  the  award 
against  them,  the  corporation  shall  be  seized  of  the  land  or 
materials;  costs  shall  be  allowed  or  awarded  against  cither  par- 
ty at  the  discretion  of  the  justices. 

Sec  17.     If  it  shall  be  found  necessary  to  the  construction 
and  location  of  said  road,  the  corporation  shall  have  the  right 
to  lay  the  same  along  and  upon  any  State  or  county  road: 
Proviso  Provided,  however,   before  such  location  is  made  the  corpora- 

tion shall  apply  to  the  county  commissioners  in  their  respec- 
tive counties  through  which  the  said  road  will  run,  for  said 
Right  of  way  right,  and  the  said  county  commissioners  are  hereby  vested 
with  power  to  grant  to  said  corporation  such  right,  and  shall 
enter  the  same  on  the  records  of  said  county' or  counties,  as 
Proviso  the  case  may  be:  Provided  also,  That  said  corporation  shall 

Where  toll  not  have  power  to  create  any  toll  gate  upon  any  bridge  or 
be  placed  "0t  embankment  which  shall  have  been  made  at  the  expense  of 
the  State  or  of  the  county;  nor  shall  they  have  power  to  fence 
No  road  to  be  up  or  in  any  manner  obstruct  any  State  or  county  road  now 
obstructed  jn  existence,  or  which  may  be  in  existence  at  the  time  when 
the  proposed  turnpike  road  shall  be  surveyed. 

Sec.  IS.     That  when  said  corpora'ion  shall  have  procured 
Right  of  cor- the  right  of  way,  as  herein  provided,  they   shall  be  seized  in 
poration  to     the  right  of  way  over  such  land,  and  shall  have  the  sole  use 
and  occupancy  of  the  same,  for  the  purposes  aforesaid;  and 
no  person,  body  politic  or  corporate  shall  in  any  way  inter- 
fere with,  molest,  injure,  or  disturb  any  of  the  rights  and  privi- 
leges hereby  granted. 
Time  of  com-      £EC#  j9#     T/he  corporation  shall  commence  the  construc- 
mencemeiv.  &  , .  „       .  ,  ,    .-•.,%•    .  c  j  i    ,      .i 

completion  0fll0n  °f  salc*  road  within  five  years,  and   complete  the  same 
road  within  twenty  years  from  its  commencement:  Provided,  That 

Proviso  if  any  one  of  the  sections  of  said   road  shall  be   completed 

within  the  time  aforesaid,  the  charter  shall  not  be  forfeited 


LAWS  OF  ILLINOIS.  143 

as  to  that  part  of  said  road  so  completed,  although  the  resi- 
due of  said  road  may  not  have  been  completed  within  the 
time  aforesaid. 

Sec.  20.  The  corporation  shall  cause  said  road  to  be  open- 
ed not  exceeding  eighteen  [eightyj  feet  wide,  at  least  twenty  Width  of  road 
feet  of  which  shall  be  made  an  artificial  road  composed  of  stone, 
gravel,  or  other  suitable  materials,  well  compacted  together, 
in  such  manner  as  to  secure]a  firm,  substantial,  and  even  road, 
rising  in  the  middle,  with  a  gradual  curve,  and  shall  maintain  Form  of  road 
and  keep  the  same  in  good  repair,  and  in  no  case  shall  the  as- 
cent in  the  road  be  greater  than  an  elevation  of  five  degrees. 

Sec.  21.     That  when  said  road  or  any  particular  section,  When  one 
(ten  miles  constituting  a  section,)  thereof  shall  be  located,  itsection  is  Jo- 
shall  be  the  duty  of  said  corporation  to  cause  a  plat  or  plats  catc 
thereof  to  be  deposited  in  the  office  of  the  Secretary  of  State; 
and  after  that  time  it  shall  not  be  lawful  for  said  corporation 
to  alter  or  change  any  part  thereof,  unless  said  corporation 
pay  the  owner  or  owners  of  land  on  said  route  the  amount 
of  damages  they  may  sustain  by  such  change. 

Sec  22.     That  if  said  road  after  its  completion,  or  any  sec- 
tion thereof  shall  be  sufficient   [suffered]  to  go  to  decay,  orRoa(i  out   of" 
be  impassible  for  [one]  year  unless  when  the  same  is  repair- ie^ai^"[ean" 
ing,  this  charter  shall  be  considered  as  forfeited. 

Sec.  23.     As  soon  as  the  said  corporation  shall  have  com- 
pleted the  road  as  aforesaid,or  any  section  thereof,  or  ten  miles 
beginning  at  Vandalia  on  the  eastern  end  of  said  road,  and 
so  on  from  time  to  time,  as  often  as  ten   continuous  miles  of 
said  road  shall  be  completed,  an  agent  shall  be  appointed  by 
the  Governor,  if  not  otherwise  directed  by  the  Legislature, 
who  shall  on  the  application  of  the  corporation  examine  the 
same,  and  report  his  opinion  in  writing  to  the  corporation; 
and  if  such  report  shall  state  the  road  or  any  ten  continuous,,., 
miles  of  the  same  to   be  completed  agreeably  to  the  provis-sectLn  is 
ions  of  this  act,  the  corporation   may  then  erect  a  gate   or  completed  toll 
gates  at  suitable  distances  apart,  not  less  than  ten  miles,  and  gates  ?a^  be 
demand  and  receive  of  persons  travelling  said  road  the  tolls  Distance  of 
allowed  by  this  act:  Provided,  That  whenever  that  portion  of  toll  gates 
the  said  turnpike  road  as  lies   between  the   Mississippi  river Proviso 
and  the  bluffs,  east  of  the  American  Bottom,  shall  be  com- 
pleted; the  said  company  may  erect  toll  gates  and  demand  and 
receive  tolls  for  travel  thereon  at  the  rates  herein  allowed  pro 
rata,  should  the  distance  between  said  points  be  less  than  ten 
miles. 

Sec.  24.     The  following  shall  be  the  rates  of  toll  for  each 
and  every  ten  miles  of  said  road,  and  in  proportion  for  a  great- Rates  of  toll 
er  or  less  distance,  to  wit:  for  every  four  wheeled  carriage, 
wagon,  or  other  vehicle  drawn  by  one  horse  or  other  animal 

cents;  for  every  horse   or  other  animal  in  addition,  six 

and  one   fourth   cents;  for  every  cart,  chaise,  or  other  two 
wheeled  carriage  or  vehicle,  drawn    by  one  horse  or  other 


144  LAWS  OF  ILLINOIS. 

animal cents;  for  every  horse  or  other  animal  in  addi- 
tion six  and  a  fourth  cents;  for  every  sled  or  sleigh,  drawn  by 
one  horse  or  other  animal,  twelve  and  one  half  cents;  for  eve- 
ry horse  or  other  animal  in  addition,  six  and  one  fourth  cents 
for  every  coach,  chariot,  or  other  four  wheeled  pleasure  car- 
riage, drawn  t>y  one   horse,  twenty-five  cents;  for  every  ad- 
ditional horse  twelve  and  a  half  cents;  for  every  horse  and 
rider  six  and  a  fourth  cents;  for  every  horse,  mule  or  ass,  six 
months  old  or  upwards,  led  or  driven,  three  cents;  for  every 
head  of  neat  cattle,  six  months   old  or  upwards,  one  cent: 
Proviso.          Provided,  That  all  persons  going  to  and  returning  from  public 
Exemptions     worship,  and  all  militia  men  going  to  and  returning  fiom  mus- 
frointoll         tcr,  and  all  funeral  processions,  shall  pass  said  road  free  of 
Proviso          toll:    Provided,  also,  That  the  Legislature  may  at  any  time 
after  the  expiration  of  ten  years  from  the  time  of  the  comple- 
dsfature     °"  ^on  °*  sa^  [road]  or  any  section  thereof,  make  any  reason- 
able alteration  in  the  rates  of  toll  aforesaid. 

Sec.  25.  If  any  person  or  persons  using  said  road  shall 
Fraudulent  with  intent  to  defraud  said  company,  or  to  evade  the  pay- 
practice  to     mcnt  of  tolls,  pass  through  any  private  gate,  or  bars,  or  along 

evade   tolls,  ,,  r      i  7  \.  -i  \  .  .    .'     i     n    .  ° 

how  punished  anJ  other  ground  near  to  any  turnpike  gate  which  shall  be 
enclosed  pursuant  to  this  act,  or  shall  practice  any  fraud- 
ulent means,  with  intent  to  evade  or  lessen  the  payment  of 
such  toll,  or  if  any  person  shall  take  another  off  said  road, 
with  an  intent  to  defraud  said  corporation,  each  and  every 
person  concerned  in  such  fraudulent  practice,  shall  for  every 
Forfeiture  such  offence  forfeit  and  pay  to  the  corporation,  the  sum  of 
five  dollars,  without  any  stay  of  execution,  to  be  recovered 
with  cost  of  suit  in  an  action  of  debt,  at  the  suit  of  the  corpo- 
Proviso  ration  before  any  justice  of  the  peace  of  the  county:  Provided^ 

That  nothing  in  this  act  shall  be  so  construed  as  to  prevent 
persons  residing  on  said  road  from  passing  thereon  about 
their  premises  between  the  gates,  for  common  and  ordinary 
business. 

Sec.  28.  H  the   said  corporation  shall  fail  for  ten  days  in 
Company  fail- succession,  to  keep   said   road   in    repair,  and  complaint  be 
ingto  keep     macje   thereof  to  a  justice  of  the  peace  of  the  county,  it  shall 
pair  lb" ten"    De  ^xs  duty  forthwith  to  summon  three  disinterested  judicious 
days,  shall      freeholders  to  examine  the  same;  and.  he  shall   give  notice  to 
not  be  allow- j-[ie    toll-gatherer  at  the  nearest  gate,  of  the  time  when  said 
tolls        *      freeholders  will  proceed   to  examine  that  part  of  said   road 
complained  of,  and  the  said  freeholders,  after  having  taken  an 
oath  or  affirmation  to  act  impartially,  shall  proceed  in  the  ex- 
amination; and  if  they  shall  find,  the  same  out  of  repair,  they 
shall    certify  it  to  a  justice  of  the    peace,  who  shall  immedi- 
ately transmit  a  copy  of  said    certificate  to  the  nearest  toll- 
gatherer,  where  such  defective  part  of  the  road  lies;  and  from 
the  time  of  receiving  such  notice,  no  toll  shall  be  demanded, 
or  received  for  such  part  of  the  road,  until  the  same  shall  be 
Penalty  put  in  complete  repair,  uuder  the  penalty  of  five  dollars  for 


LAWS  OF  ILLINOIS.  145 

every  such  offence,  to  be  recovered  of  said  corporation  with 
costs  of   suit,  and  for  the  use  of  the  party  aggrieved. 

Sec.  27.  If  any  person  shall  wantonly  or  wilfully  destroy,or  Persons  inju- 
in  any  manner  iniure  or  obstruct,  any  part  of  said  road,  or  'anv  KLs*^?r? 

i  i  •  i  •  1        •  •'    i        t-  i        *    D      to  Hue 

gate  thereon,  otherwise  than  in  the  just  and  lawful  use 
thereof,  every  person  shall,  on  conviction  thereof,  before  a 
justice  of  the  peace  of  the  county,  be  liable  to  a  fine  of  not 
more  than  fifty,  nor  less  than  five  dollars  for  every  such  of- 
fence, to  be  recovered  in  action  of  debt  at  the  suit  of  the  State 
of  Illinois,  to  go  to  the  county  school  fund  in  the  county  Fine,  how  ap- 
where  the  injury  may  have  been  committed;  and  such  offen-  Pr°priated 
der  moreover,  shall  be  liable  for  all  such  damages  to  the  cor- 
poration, and  for  injury  accruing  to  travellers  in  consequence 
of  any  such  unlawful  damage  or  obstruction  of  the  road ;  all 
damages  and  costs  under  this  section  shall  enure  to  the  par- 
ties entitled  to  the  same,  and  shall  be  collected  by  execution 
before  any  court  having  competent  jurisdiction  thereof. 

Sec.  28.  The  company  shall  put  up  a  post  or  stone  at  the  Mile  stones 
end  of  each  mile,  with  the  number  of  miles  from  on  road 

fairly  cut  or  painted  thereon;  and  also,  in  a  conspicuous  place 
near  each  gate  shall  be  placed  a  board  with  the  rates  of  toll 
fairly  painted  thereon,  and  such  other  matters  in  relation  to 
direction  as  may  be  necessary. 

Sec.  29.  Any   person   wilfully  destroying,  defacing   or  re-p.ersons.  defa- 
moving  any  guide  board,  mile  post,  or  stone,  or  list  of  rates  of  bcwds^o^or- 
[tolls]  erected  on  said  road,  shall,  on  conviction  thereof  before  feit 
any  justice  of  the  peace,  forfeit  and  pay  a  sum  not  exceeding 
ten  dollars,  to  be  recovered   with   costs  of  suit,  and  for  the 
use  of  said  corporation. 

Sec.  30.    If  any  toll-gatherer  on   said   road  shall    unrea-if  toll-collec 
sonably  detain  any  passenger  after  the  toll  has  been  paid,  or tor  sha11  de- 
tendered,  or  shall    demand  or   receive  greater  toll  than  is  by^?  Passen" 
this  act  allowed,  he  shall,  for  every  such  offence,  forfeit  and  s 
pay  a  sum  not  exceeding  ten  dollars,  to  be  recovered  with  costs  liability 
of  suit  before  any  justice  of  the  peace  having  competent  ju- 
risdiction, at  the  suit  of  the  party  injured:     Provided,  That  Proviso 
no  suit  or  action  shall  be  brought  against  any  person  or  per- 
sons, for  any  penalty  incurred  under  thiJ  section,  unless  such 
suit  or  action  shall  be  commenced  within  thirty  days  from  the 
time  of  incurring  the  same;  and  the  defendant  or  defendants, 
in  any  such  suit  or  action,  may  plead  the   general  issue  and 
give  this  act  in  evidence  with  any  other  special  matter. 

Sec  31.  The  corporation   shall  cause  to  be  kept,  a  fair  ac-  Account  of 
count   of  the  whole    expense  of  making  and  repairing  said  expense  of 
road,  or  any  section  thereof,  with  all  incidental  expenses,  and  k°ept,  &  "tolls 
also,  a  fair  account  of  the  tolls  received;  and  the  State  shall  received 
have  the  right  to  purchase  the  stock  of  said  company  at  any  Right  of  State 
time  after  twenty  years,  on  paying  said  corporation  a  sum  of to  Parchase 
money  which,  together  with  the  tolls  received,  shall  equal  theS ' 
cost  and  expenses  ol  said  Turnpike  road  as  aforesaid,  with  an 
interest  of  ten  per  centum  per  annum,  and  the  books  of  the 

10 


146  •  LAWS    OF   ILLINOIS. 

Agent  of  State  corporation  shall  always  be  open  for  the  inspection  of  any 
may  examine  agent  0f  the  State  appointed  for  that  purpose  by  the  Legis- 
r°0  s  a  lature;  and  if  the  said  corporation  shall   neglect  or  refuse  to 

fusing  to  ex-  exhibit  at  any  time  their  accounts  agreeably  to  this  section, 
Mbit  books,  when  thereto  required,  then  all  the  rights  and  privileges 
charter  to  be  granted  by  this  act  shall  cease  and  be  ?.t  an  end. 

Sec.  32.  The  said  corporation  shall  be,  and  are  hereby  au- 
thorized and  empowered  to  demand  and  receive  the  same  toll, 
and  proceed  in  the  same  manner  to  collect  the  same  from  the 
Right  to  col-  drivers,  owner,  or  owners  of  any  stage,  carriage,  or  sleigh,  in 
lect  tolls        which  shall  be  conveyed  the  mail  of  the  United  States,  as  they 
have    by  this  act   a  right  to  do  from  the  drivers  of  similar 
carriages  and  sleighs,  drawn  by  the   same  number  of  horses 
in  which  no  mail  is  carried,  any  law  to  the  contrary  notwith- 
Proviso  standing:  Provided,  That  nothing  herein  contained   shall  be 

so  construed  as  to  empower  said   corporation,  their  agent  or 
ao-ents,  to  stop  or  detain  any  person,  carriage,  sleigh  or  horse, 
while  actually  employed  in  the  conveyance  of  the  said  mail. 
Co.  com'rs  Sec.  33.  It  shall  be  lawful  for  the  county  commissioners  of 

may  subscribe  eacj1  an(j  every  county  through  which  the  said  road  may  run 
or  pass,  for  and  [in  behalf  of]  such   county,  to  authorise  by 
Limitation  of  an  order  as  much  of  the  stock  to  be  taken  as  they  may  think 
charter  proper. 

Sec  34.  This  charter  is  to  be  limited  to  twenty  years  in  its 

duration. 

Proviso  Sec.  35.  Provided  however,  That  nothing   in  this  act  shall 

be  so  construed,  as  to  interfere  in  any  manner  whatever,  with 

the  location  by  the  United  States,  of  the  Cumberland   Road, 

Further  pro-    between  the  points  designated  in  this  act:  Provided  also,  That 

vis0  if  said  company  or  corporation  should  deem  it  advisable,  they 

Road  maybesna^   nave  tne  r*§nt  an<*  Priv^ege  °f  commencing  said  work 

commenced    at  the  town  of  Greenville   aforesaid,  and  constructing  the 

at  Greenville  same  to  St.  Louis  in  the  first  instance,  and  suffer  that  portion 

between  Vandalia  and  Greenville,  to   remain  to  be  finished 

lastly. 

Act  when  in      Sec  26.  This  act  to  be  in  force  from  and  after  its  passage, 

force  anci  shall   be  taken,  and  considered  a  public  act  in  all  courts 

Considered  a  Qf  recorci  within  and  out  of  this  State,  as  also,  in  courts  of 

pubhc  act       justices  0f  the  peace,  and  shall  be  beneficially  construed. 

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

Certificate  ot         not  having  intervened  before  the  adjournment  of  the  General  Assembly, 

bee.  of    state  and  thg  gaid  bil]  not  naviug  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  this  10th  day  of  December,  1839. 

A.  P.  FIELD,  Secretary  of  State. 


LAWS  OF  ILLINOIS.  147 

AN  ACT  to  provide  for  securing  to  mechanics  and  others   liens  for  the       In  force, 

value  of  labor  and  materials.  Dec.  10,  1839 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,^™™3 J£x"e_ 
represented  in  the  General  Assembly,  That  any  person  who  r{a]s  for  build- 
shall,  by  contract  with  the  owner  of  any  piece  of  land  or  town  ings,  to  have 
lot,  furnish  labor  or  materials  for  erecting  or  repairing  any lien  on  the 
building,  or  the  appertenances  of  any  building  on  such  land 
or  lot,  shall  have  a  lien  upon  the  whole  tract  of  land  or  town 
lot,  in  the  manner  herein  provided,  for  the  amount  due  to  him 
for  such  labor  or  materials. 

Sec  2.  The  lien  shall  extend  to  all  work  done  and  mote- Extent  of  lien 
rials  furnished  under  the  provisions  of  the  contract,  whether 
the  kind  or  quantity  of  work,  or  amount  to  be  paid,  be  speci- 
fied or  not:  Provided,  That  the  time  of  completing  the  con-Proviso 
tract  shall  not  be  extended  for  a  longer  period  than  three 
years,  nor  the  time  of  payment  beyond  the  period  of  one 
year,  from  the  time  stipulated  for  the  completion  thereof. 

Sec.  3.  When  any  sum  due  by  such  contract  shall  remain 
unpaid  after  the  same  is  payable,  the  creditor  may,  upon  bill  Creditor  may 
or  petition  to  the  circuit  court  of  the  county  in  which  the  land  !?bta*?  order 
or  lot  lies,  obtain  an  order  for  the  sale  thereof,  and  for  apply- 
ing the  proceeds  of  such  sale  to  the  discharge  of  his  demand; 
and  the  filing  of  the  bill  or  petition  in  the  clerk's  office,  and 

sueing  out  a  summons  thereon,  shall  be  deemed  the  commence-  Commence^ 
,°  c  ,,  .,  ment  of  suit 

ment  of  the  suit. 

Sec  4.  The  bill  or  petition  shall  contain  a  brief  statement  What  petition 
of  the  contract  on  which  it  is  founded,  and  of  the  amount  due sha11  contain 
thereon,  with  a  description  of  the  premises  which  are  subject  to 
the  lien ,  and  all  other  material  facts  and  circumstances  necessary 
i;o  a  full  understanding  of  the  rights  of  the  parties,  and  shall 
be  considered  as  the  foundation  of  the  plaintiff's  action;  and 
upon  the  filing  of  which  with  the  clerk,  a  summons  shall  issue  Summons  to 
thereon  against  all  persons  made  parties  as  is  required  uponis6ue 
filing  bills  in  chancery. 

Sec  5.  For  the  purpose  of  bringing  all  parties  in  interest 
before  the  court,  the  court  shall  have  power  to  permit  amend-  Amendment 
ments  to  any  part  of  the   pleadings,  and    to  issue    process, t0  P]eadings 
make  all  orders  requiring  parties  to  app'ear,  and  requiring 
notice  to  be  given  by  publication  in  newspapers,  that  are  or 
may  be  authorized  in  proceedings  in  chancery;  and  the  court  Power  of 
shall  have  the  same  power  and  jurisdiction  over  the  parties court 
and  subject  that  are  or  may  be  conferred  upon  courts  in  chan- 
cery in  respect  to  proceedings  before  that  court. 

Sec  6.  Suits  instituted  under  the  provisions   of  this    act, Suits  t0  be 

shall  be  placed  upon  the  common  law  docket,  and  shall  stand  Placed  °n 
r  -ii  i  a  i'ii  •  i     common 

lor  trial  at  the  term  of  the  court  to  which  the  summons  is  made  docket 

returnable.     The  summons  shall  be  served  by  the  sheriff  as 

other  process;  but  if  not  served  ten  days  before    the  return 

day  thereof,  the  cause  shall  be  continued,  unless  the  parties 

agree  to  a  trial  at  that  term  of  the  court. 


14S 


LAWS  OF  ILLINOIS. 


Issue    formed 


Oral  testimo- 
ny 

Notice  to  par- 
ties 


Persons    may 
become  par- 
ties 


No  preference 
to  creditors 


Proceeds  of 
sales,  how 
anplied 


Division  of 
premises 


Parties  to 
liens  when 
claim  is  not 
due 


Sec.  7.  Defendants,  in  proceedings  under  this  act,  shall 
answer  the  bill  or  petition  under  oath;  and  the  plaintiff  shall 
except  or  reply  to  the  answer  as  though  the  proceeding  was 
in  chancery;  the  answer  shall  be  regarded  as  the  plea  of  the 
defendant,  and  by  the  replication  thereto,  an  issue  or  issues 
shall  be  formed,  which  shall  be  tried  by  the  court  or  by  a  jury 
under  the  direction  of  the  court,  as  the  court  may  direct  or  the 
parties  agree. 

Sec  8.  Every  defendant  served  with  process  ten  days  be- 
fore the  return  day  thereof,  shall  answer  the  bill  or  petition 
on  or  before  the  day  on  which  the  cause  shall  be  set  for  trial 
on  the  docket,  and  the  issue  or  issues  in  the  cause  shall  be 
made  up  under  the  direction  of  the  court,  and  oral  testimony 
shall  be  received  as  in  cases  at  law. 

Sec  9.  Notice  given  to  parties  by  publication  in  newspa- 
pers, under  the  direction  of  the  court,  shall  be  equivalent  to 
personal  service  of  such. notice. 

Sec.  10.  In  proceedings  under  this  act,  all  persons  interest- 
ed in  the  subject  matter  ot  the  suit,  or  in  the  premises  intend- 
ed to  be  sold,  may,  on  application  to  the  court  wherein  the  suit 
is  pending,  become  parties  at  any  time  before  final  judgment. 

Sec.  11.  Upon  questions  arising  between  different  credit- 
ors, no  preference  shall  be  given  to  him  whose  contract  was 
first  made. 

Sec  12.  Upon  the  trial  of  causes  under  this  act,  the  court 
shall  ascertain  the  amount  due  each  creditor,  and  shall  direct 
the  application  of  the  proceeds  of  sales  to  be  made  to  each  in 
proportion  to  theii  several  amounts. 

Sec  13.  When  the  owner  of  the  land  shall  have  failed  to 
perform  his  part  of  the  contract,  and  by  reason  thereof  the 
other  party  shall,  without  his  own  default,  have  been  prevent- 
ed from  performing  his  part,  he  shall  be  entitled  to  a  reasona- 
ble compensation  for  as  much  thereof  as  he  has  performed  in 
proportion  to  the  price  stipulated  for  the  whole,  and  the  court 
shall  adjust  his  claim  accordingly. 

Sec  14.  If  any  part  of  the  premises  can  be  separated  from 
the  residue,  and  sold  without  damage  to  the  whole,  and  if  the 
value  thereof  should  be  sufficient  to  satisfy  all  the  claims 
proved  in  the  cause,  the  court  may  order  a  sale  of  that  part. 

Sec  15.  Parties  entitled  to  liens  under  the  provisions  of 
this  act,  whose  claims  are  not  due  or  payable  at  the  time  of 
the  commencement  of  suit  by  any  other  party,  shall  be 
permitted  to  become  parties  to  the  suit,  and  their  claims  shall 
be  allowed,  subject  to  a  reduction  of  interest  from  the  date  of 
judgment  to  the  time  such  claim  is  due  or  payable. 

Sec.  16.  In  cases  under  this  act,  where  there  are  several 
claimants,  the  issue  of  law  and  fact,  or  either,  may  be  tried 
separately,  and  in  no  case  shall  the  want  of  preparation  for 
trial  to  one  claim,  delay  the  trial  in  respect  to  others;  but  trials 
shall  be  had  upon  issues  between  such  parties  as  are  prepared, 


LAWS   OF  ILLINOIS.  149 

without  reference  to  issues  between  other  parties;  and  when 
one  cieditor  shall  have  obtained  a  verdict  or  judgment  for 
the  amount  due,  the  court  may  order  a  sale  of  the  premises  on 
which  the  lien  operates  or  a  part  thereof,  so  as  to  satisfy  the 
judgment:  Provided,  That  the  court  may,  for  good  causes  Proviso 
shown,  delay  making  any  order  of  sale  until  the  rights  of  all 
parties  in  interest  shall  be  ascertained  and  settled  by  the  court. 

Sec.  17.  If  the  person  who  procures  work  to  be  done,  orWhen  lau<1* 
materials  furnished,  has  an  estate  for  life  only,  or  any  other„ ao.e(j 
estate  less  than  a  fee  simple  in  the  land  or  lot  on  which  the 
work  is  done,  or  materials  furnished,  or  if  such  land  or  lot,  at 
the  time  of  making  the  contract,  is  mortgaged,  or  under  any 
other  incumbrance,  the  person  who  procures  the  work  or  ma- 
terials, shall  nevertheless  be  considered  as  the  owner  within 
the  meaning  of  this  act,  to  the  extent  of  his  right  and  interest 
in  the  premises;  and  the  lien  herein  provided  for,  shall  bind 
his  whole  estate  and  interest  therein,  in  like  manner  as  a  mort- 
gage would  have  done;  and  the  creditor  may  cause  the  right 
of  redemption,  or  whatever  other  right  or  estate  such  owner 
had  in  the  land  at  the  time  of  making  the  contract,  to  be  sold, 
and  the  proceeds  of  sale  applied  according  to  the  provisions 
of  this  act. 

Sec.  18.  Suits  may  be    instituted    under  the  provisions  of  Suits  in  favor 
this  act  in   favor  of  administrators  or  executors,  and    may  be  ot  adm'rs  or 

executors 

maintained  against  the  representatives  in  interest  of  those 
against  whom  the  cause  of  action  accrued;  and  in  suits  insti- 
tuted under  the  provisions  of  this  act,  the  representatives  of 
any  party  who  may  die  pending  the  suit,  shall  be  made  par- 
ties as  though  it  was  a  suit  in  chancery. 

Sec.  19.  Upon  proceedings  under  this  act,  parties  claiming  Rights  may 
may  contest  each  other's  rights  as  well  with  respect  to  amount be  cuntes,ed 
due,  as  with  respect  to  their  right  to  the    benefit  of  the   lien 
hereby  created;  and  upon  all  questions  made  by  parties,  the 
court  shall  require  issues  of  law  or  fact  to  be  formed,  so  as  to 
to  bring  about  a  speedy  decision  thereof. 

Sec.  20.  No  incumbrance  upon  land  created  before  or  after  No  incum- 

the  making  of  a  contract,  under  the  provisions  of  this  act,  shall  bra'?c<;  on   a 
13  '  r  '  Janets  to  one- 

operatc  upon  the  building  erected,  or  materials  furnished,  un- rate  against 
til  the  lien  in  favor  of  the  person  doing  the  work  or  furnish- Hens 
ing  the  materials,  shall  have  been  satisfied;  and  upon  ques- 
tions arising  between  previous  incumbrances  and  creditors, 
under  the  provisions  of  this  act,  the  previous  incumbrance 
shall  be  preferred  to  the  extent  of  the  value  of  the  land  at  the 
time  of  making  the  contract,  and  the  court  shall  ascertain  by 
jury  or  otherwise,  as  the  case  may  require,  what  proportion 
of  the  proceeds  of  any  sale  shall  be  paid  to  the  sevei-al  parties 
in  interest. 

Sec.  21.  Parties  in  interest,  within  the  meaning  of  this  act, 
shall  include  all  persons  who  may  have  any  legal  or  equitable 
claim  to  lands  or  lots  upon  which  a  lien  may  be  attempted  to 
be  enforced  under  the  provisions  of  this  act. 


150  LAWS  OF  ILLINOIS. 

Creditors  may      Sec.  22.  Creditors  who  file   bills   or  petitions  under   this 
contest  the      ac^  mav  COntest  the  validity  of  incumbrances,  as  well   in  re- 
incumbrances  gara"  *°  amount  as  to  their  justice;  and  any  incumbrance,  wheth  ■ 
er  by  mortgage,  judgment  or  otherwise,  charged  and   shown 
to  be  fraudulent  in  respect  to  such  creditor,  or  in  respect  to 
creditors  generally,  may  be  set  aside    by  the  court,  and  the 
premises  made  subject  to  the  claim  of  the  creditor  freed  and 
discharged  from  such  fraudulent  incumbrance. 
Powers  of  Sec.  23.  In  proceedings  under  this  act,  the  courts  are  vest- 

courts  e(j  with  all  the  powers  of  courts  of  chancery,  and   shall  be 

governed  by  the  rules  of  proceeding  and  decision  in  these 
courts,  so  far  as  that  power  may  be  necessary  to  carry  into 
full  and  complete  effect  the  provisions  hereof,  and  so  far  as 
those  rules  of  proceeding  and  decision  are  applicable  to  cases 
and  questions  presented  for  adjudication  and  decision. 

Sec.  24.  No  creditor  shall  be  allowed  to  enforce  the  lien 
created  under  the  provisions  of  this  [act,]  as  against  or  to  the 
prejudice  of  any  other  creditor  or  any  incumbrance,  unless 
suit  be  instituted  to  enforce  such  lien,  within  six  months  after 
the  last  payment,  for  labor  or  materials,  shall  have  become  due 
and  payable. 

Sec.  25.   Nothing  contained  in  this  act  shall   be  construed 
to  prevent  any  creditor   from  maintaining  an   action  at  law 
upon  his  contract,  in  like  manner  as  if  he  had  no  lien  for  the 
security  of  his  debt. 
Where  sale  is      Sec  26.  If  upon  making  sale  of  an)'  premises  under  this 
insufficient      ac^  fac  proceeds  of  such   shall  not  be  sufficient  to  pay  the 
p  claims  of  all  parlies  according   to  their  rights,  the  judgment 

shall  be  credited  by  the  amount  of  such  sale,  and  execution 
may  issue  in  favor  of  any  creditor  whose  claim  is  not  satis- 
fied for  the  balance  due,  as  upon  a  judgment  in  actions  of 
debt  or  assumpsit;  and  in  case  of  excess  of  sales  over  the 
amount  of  judgment,  such  excess  shall  be  paid  to  the  owner 
of  the  land,  or  to  the  person  who  may  be  entitled  to  the  same, 
under  the  direction  of  the  court. 
Costs  how  Sec.  27.  The  costs  of  proceeding  under  this  act,  as  between 

paid  creditors  claiming  liens  and  the  person  against  whom  the  lien 

is  intended  to  be  enforced,  shall  abide  the  event  of  the  suit; 
and  the  costs,  as  between  creditors  aforesaid,  in  contest  rela- 
tive to  each  others'  claims,  shall  be  subject  to  the  order  of  the 
court,  and  the  same  rule  shall  prevail  in  respect  to  costs  grow- 
ing out  of  proceed  [proceedings]  against  and  between  incum- 
brances. 

Sec.  28.  The  act  entitled  "An  act  for  the   benefit  of  me- 

Act  repealed  chanics,  approved  22d   February,  1833,"  is  hereby  repealed; 

but  rights  acquired  and  liabilities  incurred,  under  that  act, 

shall  not  be    affected    by  the  repeal  thereof.     This  act  shall 

take  effect  on  the  first,  day  of  May  next. 

Certificate   of     This  bill  having  been  laid  before  the  Council  of  Revision,  and  ten  days 
Sec.   of  State        not  having  intervened  before  the  adjournment  of  the  General  Assembly, 


LAWS  OF  ILLINOIS.  151 

and  the  said  bill  not  having  been  returned  with  the  objections  of  the 
Council  on  the  first  day  of  the  present  session  of  the  General  Assembly, 
it  has  become  a  law. 
Given  under  my  hand  this  10th  day  of  December,  1839. 

A.  P.  FIELD,  Secretary  of  State. 


AN  ACT  to  incorporate  the  Montibello  Manufacturing-  company.  in  force, 

Dec.  10,  1839. 

Sec.   1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  all  such  persons  as 
shall  become  subscribers  to  the  stock  hereinafter  described,  are 
hereby  constituted  and  declared  a  body  corporate  and  politic,  ra°cey  corP°- 
by  the  name  of  the  "Montibello  Manufacturing  Company,"  to  jjame  pnc| 
be  located  upon  the  lower  rapids  of  the  Mississippi   river,  in  style 
the  county  of  Hancock,  at  some  point  between  the  north  line  Location 
of  the  south-east  quarter  of  fractional  section  twelve,  and  the 
north  of  the  creek  commonly  known   by  the  name  of  Chan- 
cy's  Creek;  and  by  that  name  they,  their  successors,  and  as-  Powers 
signs,  shall  have  succession,  for  and  during;  the  term  of  twenty  T,erm  of 
years,  and  be  capable,  in  law,  to  sue  and  be  sued  to    final 
judgment  and  execution,  plead  and  be  impleaded,  defend  and 
bo   defended,  in  all  courts  and  places  whatsoever;  to  make, 
have  and  use  a  common  seal,  and   the  same  to  break,  renew 
or  alter  at  pleasure. 

Sec.  2.  The  said  company  shall  be  authorized  and  empow-  Further  pow- 
ered to  erect,  build,  put  in  operation,  employ,  work  or  use  all  era 
kinds  of  mills  and   machinery  for  the  manufacturing  of  flour, 
lumber  and  other  useful  articles,  and  for  these  purposes  they 
are  hereby  authorized  to  take  any  quantity  of  water  from  the 
Mississippi  river  that  they  may  deem  necessary,  and  to  build, 
erect,  construct  and  support  in  the  said  Mississipp  river,  any 
wing  dam,  barrier,  or  other  means  to  use  that  may  be  necessa- 
ry to  increase  the  fall,  or  to  conduct  and  control  so  much  of  the 
water  of  the  said  river  as  may  be  required  for  the  purposes  of 
the  said  company:  Provided,  That  no  such  dam,  barrier,  or  ob-  Proviso 
struction  shall  be  so  built,  constructed  or  placed  in  said  river, 
as  in  any  way  to  obstruct  or  injure  the  navigation  thereof. 

Sec  3.  The  capital  stock  of  said  company  shall    be   ten  Ca  pital  stock 
thousand  dollars,  divided  into  one  hundred  shares  of  one  hun-  $10,000 
dred  dollars  each,  which  the  stockholders,  at  a  general  meet- 
ing, and  by  a  vote  representing  in  its  majority  at   least  two- 
thirds  of  the  stock  subscribed,  may  increase  to  any  sum  not  May  be 
exceeding  one  hundred  thousand  dollars  in  any  form  or  manner  $10ui000 
that  they  may  deem  proper:  Provided,  That  the  amount  of  provig0 
debts  which  the  said  company  shall  at  any  time  owe,  shall  not 
exceed  the  amount  of  their  capital  stock,  and  in  case  of  such 
excess,  those  under  whose  administration  it  shall  happen,  shall 
be  holden  for  the  same,  in  their  natural  and  private  capacity ; 
but  this  shall  not  be  construed  to  exempt  the  corporate  prop-  Property  li 
erty  of  the  company  from  being  also  liable  and  chargeable  for  able 
such  excess. 


152  LAWS  OF  ILLINOIS. 

Sec.  4.  For  the  purpose  of  carrying  into  effect  the  objects 

of  this    corporation,  Abram  Smith,  Cyrus   Felt,    Enoch  D. 

Brown,  Alpheus  Kemball,  Philemon  Frances,  Matthew  Gray 

Commission-  and  M.  D.  Billings,  are  hereby  appointed    commissioners   to 

ers  to_  obtain  receive  subscriptions  to  the  capital  stock  of  said  company,  and 
subscriptions  ,     ,.    ,  .    r  ,  .       .      k  .     .  r  .    ./.> 

it  snail   be   the   duty  ol  said  commissioners,  or  a   majority  of 

them,  as  soon  after  the  passage  of  this  act  as  may  be,,  to  take 
or  adopt  such  measures,  pursue  such  course  for  the  obtaining 
of  said  subscriptions,  and  for  completing  the  same,  as  they 
may  deem  most  expedient  and  proper;  but  every  subscriber, 
on  subscrip- a^  *ne  ^me  °f  subscribing,  shall  pay  to  said  commissioners  the 
don  sum  of  one  dollar  for  each  share  subscribed. 

Sec.  5.  The  stock,  property  and  concerns  of  the  said  cor- 
poration, shall  be  managed   and  conducted  by  live  directors, 
Directors  to    w}10j  at  the  time  of  their  election,  shall    be  stockholders,  and 
annually         s^a^  ^e  cnosen  annually  by  ballot,  on  the  day  and  at  the  place 
of  holding  the  annual  meetings  of  said  corporation.     Said  ui- 
Term  of         rectors  shall  hold  their  office  ibr  the  term  of  one  year  from  the 
time  of  their  election,  and  until  their  successors  are  elected; 
there  shall  also  at  the  same  time  and  place,  for  the  same  term 
Treasurer  to    ano^  m  the   same  manner,   be   chosen  a  treasurer,  who   shall 
be  sworn  and  possess  the  same  qualifications  as  a  director,  shall  be  sworn  to 
give  bond       the  faithful  dischargeof  his  duty,  and  shall  give   bond  in  such 
amount  and  in  such  manner  as  the  president  and  directors 
shall  prescribe. 
Shares  to  Sec.  6.  At  all  elections  and  in  all  other  matters  wherein  a 

each  vote        vote  0f  a  corporation  shall    be  taken,  every  stockholder  shall 
be  entitled   to  one  vote  for  each  share  to  the  number  of  ten, 
and  one  vote  for  every  five  additional  shares,  wrhich  votes  may 
be  given  in  person  or  by  lawful  proxy. 
When  fifty  Sec  7.  As  soon  as  fifty  shares  shall  be  taken,  the  commis- 

shares  shall     sioners  shall  give  at  least  thirty  days  notice  thereof  in  one  or 
more  newspapers  in  this  State,  and  appoint  in  such  notice  the 
Election  of     ^me  anc*  P^ace  ^n'  such  subscribers  to  meet,  for  the  purpose  of 
Directors  and  choosing  directors  and  treasurer;  at  the  election  to  be  held  as 
Treasurer       aforesaid,  the?  said  commissioners,  or  such  of  them  as  may  at- 
tend, shall  be  inspectors,  and  their  certificate  of  the  names  of 
the  persons  elected,  shall  be  conclusive  evidence  of  such  elec- 
tion; at  the  first  election  held  for  directors  and  treasurer,  the 
ballots  shall    contain  the  name  of  the  person  voted  for,  the 
name  of  the  stockholder  claiming  to  vote,  and  the  number  of 
,,  .    .  votes  he  claims  to  be  entitled  to;  and  it  shall  require  a  major- 

Yli-noritv  rc»  ■ 

quired  to         ity  t>f  all  the  votes  given  to  constitute  a  choice;  but  all  subse- 
elect  quent  elections  shall,  in  these  respects,  be  held  and  conducted 

as  the  corporation  in  their  by-laws  shall  direct. 

Sec.  8.  The  directors  when  elected  as  aforesaid,  shall  im- 
Choice  of  mediately  proceed  to  the  choice  of  one  of  their  number  for 
president  president,  who  shall  be  elected  for  one  year,  and  shall  be 
president  of  the  company  for  the  time  being.  A  majority  of 
the    board  of   directors   shall  constitute  a  quorum  for  doing 


First  election 


Quorum 


LAWS  OF  ILLINOIS.  153 

business,  and,  in  the  absence  of  the  president,  may  choose  a 
president  pro  tempore;  and  so  soon  as  the  said  directors  shall 
be  elected  and  enter  upon  the  duties  of  their  office,  the  com- 
missioners shall  deliver  over  to  the  said  directors'  all  the  books 
containing  subscriptions  to  the  capital  stock,  and  account  for 
money  received  on  such  subscriptions. 

Sec.  9.  The  president  and  directors  shall  appoint' a  clerk$ ■&pla^tt^r 
whose  duty  it  shall  be  to  keep  a  fair  record  of  the  proceedings 
and  transactions  of  said  corporation,  The  directors  may  meet  Meetings  of 
at  such  time  and  places  as  they  may  think  proper,  may  appoint      p01 
such  superintendants  and  agents  as  they  may  deem  necessary; 
employ  such  workmen  and  make  such  contracts  as  they  may 
deem  conducive  to  the  interests  of  the  said  corporation. 

Sec.  10.  It  shall  be  lawful  for  the  directors  to  require  pay-  jKSJJtaw 
ment  of  the  sums  subscribed  to  the  capital  stock,  at  such  times 
and  in  such  proportions,  a'nd  on  such  conditions,  as  they  shall 
deem  fit  under  the  penalty  of  the   forfeiture   of  all  previous  * ovfeiture  ot 

1    i     ii     ■  •  r    i  j.i        paymentt 

payments  thereon,  and  shall  give  notice  oi  the  payments  thus 
required,  and  of  the  place  and  time  where  and  when  the  same 
are  to  be  paid,  at  least  sixty  days  previous  to  the  payment  of 
the  same,  in  some  public  newspaper  of  this  State. 

Sec.  IT.  The  said  company  shall  have  power  to  make,  or-  3*"laws 
dain  and  establish  all  such  by-laws,  rules  and  regulations,  and 
ordinances,  as  they  may  deem  expedient  and  necessary  to  ac- 
complish the  designs  and  purposes,  and  to  carry  into  effect  the 
provisions  of  this  act,  and  the  well-ordering,  regulating  and 
securing  of  the  interests  and  affairs  of  the  company:  Provided,'?70™0 
The  same  be  not  repugnant  to  the  constitution  and  laws  of 
this  State  or  of  the  United  States. 

Sec.  12.  The  said  company  shall  have  power  and    be  ca-  Powers 
pable  of  holding,  purchasing,  improving,  selling  and   convey- 
ing any  estate,  real  cr  personal,  lor  the  use  of  said  corporation: 
Provided,  That  the  quantity  of  real  estate  held   by  the  said  Proviso- 
corporation,  shall  not  at  any  one  time  exceed  six  hundred  and 
forty  acres. 

Sec.  13.  The  stock  shall  be  deemed  personal  property,  and  Stock  deemed 

shall  be  transferable  by  certificate  signed  by  the  president,  and  pg|.j°Da   pr01 

attested  by  the  treasurer;  and  all  conveyances  of  real  estate,  How  trans. 

so  executed,  shall  be  Vcilid    and  binding  on  said    corporation;  ferred 

but  no  such  holdei  indebted  to  the  corporation  shall  be  permit-  No  transfer 

ted  to  make  a  transfer  until  such  debt  be  paid  or  secured  to  the  flowed  till 

,•  c     ,■  c  ,,       j.        ,  l  debts  are  paid 

satisfaction  ol  the  directors.  * 

Sec.  14.  The  company  shall  at  all  times  keep  proper  books 
of  accounts,  in  which  shall  be  registered  all  the  transactions 
of  the  corporation,  and  the  same  shall  at  all  times  be  subject 
to  the  inspection  of  the  stockholders;  and  it  shall  be  the  duty 
of  the  directors  to  make  annual  dividends,  or  at  such  other  Annual  divi- 
times  as  a  majority  of  the  directors  shall  direct,  of  so  muchclends 
of  the  profits  of  said  company  as  to  them,  or  a  majority  of 
them,  shall  appear  advisable;  and  the  directors,  whenever  re- 
quired   by  a  majority  of  the  stockholders,  shall  exhibit,  at  a 


154  LAWS  OF  ILLINOIS. 

Statements  to  general  meeting,  a  full  and  perfect  statement  of  the  debts  and 
be  made         credits,  and  all  such  other  matters  as  may  be  deemed   essen- 
tial relating  to  the  affairs   of  the  company. 
Special  meet-      Sec.  15.  A  majority  of  the  stockholders,   whenever  they 
inSa  deem  it  necessary,  may  call  a  special  meeting  of  the  compa- 

ny, and  provided   the  regular  elections  from  any  cause  shall 
not  take  place,  it  shall  be  lawful  for  any  four  of  the  stockhol- 
Special  elec-  cers  to  call  a  special  election  by  giving  notice  of  the  time  and 
tions  place. 

Forfeiture  of  ^EC*  ^*  ^  ^ie  sa^  corporation  shall  not  organize  and  corn- 
charter  mence  their  said  business  within  two  years  from  the  passage 
of  this  act,  and  expend  five  thousand  dollars  in  the  erection  of 
mills  or  other  machinery  suitable  to  the  prosecution  of  their 
business,  according  to  the  provisions  of  this  act,  then  this  act 
shall  be  null  and  void. 

Certificate    of     This  bill  having  been  laid  before  the  Council  of  Revision,  and  ten  days 

Sec    of  State  not  navinS  intervened  before  the  adjournment  of  the  General  Assembly, 

and   said    bill  not   having  been  returned   with  the  obje^'ons  of  the 

Council  on  the  first  day  of  the  present  session  of  the  Gen   .„«  Assembly, 

the  same  has  become  a  law. 

Given  under  my  hand  this  10th  day  of  December,  1839. 

A.  P.  FIELD,  Secretary  of  State. 


In  force       AN  ACT   vacating  a  part  of  the  town  of  Illinois  city,  and  changing  the 
Dec.  10   1839.  name  of  the  residence  [residue]   to  that  of  Uniontown. 

Sec.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That    the  north  division 
Blocks  vaca-  °*  *he  town  of  Illinois  city,  in  the  county  of  Whitesides,  con- 
ted  sisting  of  blocks-  three,  four,  nine  and  ten,  is  hereby  declared 
Proviso.         vacated:  Provided,  however,  That  the  vacating  of  the  afore- 
said blocks  does  not  in  any  respect  operate  to  the  disadvantage 
of  the  residue  of  said  town. 

Sec.  2.  All  that  part  of  the  county  of  Whitesides,  on  which 
the  town  of  Illinois  city  is  situated,  which  is  recorded  in  the 
recorder's  office  of  Joe  Daviess  county,  (except  that  part  of 
the  said  town  which  by  the  first  section  of  this  act  is  declared 
Union  Town  vacated,)  shall  hereafter  be  known  by  the  name  of  Uniontown, 
any  plat  or  name  to  the  contrary  notwithstanding. 

Sec.  3.  This  act  to  be  in  force  from  and  after  the  first  day 
of  June  next. 
Certificate  of      This  bill  having  been  laid  before  the  Council   of  Revision,  and  ten   days 
Sec  of  State  not  nayino  intervened  before  the  adjournment  of  the  General  Assembly, 

and  the  said  bill  not  having  been  returned  with   the  objections  of  the 
Council  on  the  first  dayof  the  present  session  of  the  General  Assembly, 
the  same  has  become  a  law. 
Given  under  my  hand  this  10th  day  of  December,  1839. 

A.  P.   FIELD,  Secretary  of  State. 


LAWS  OF  ILLINOIS.  155 

AN  ACT  to  amend  the  recorded  plat  of  the  town  of  Athens.  IQ  force, 

1  Dec.  10,  1839. 

Whereas, it  appears  from  representation  made  by  the  citizens  preamble 
of  the  town  of  Athens,  in  the  county  of  Sangamon,  that  a 
mistake  occurred  in  the  platting  of  said  town:  Therefore, 
Sec.   1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  plat  of  the  town 
of  Athens,  in  the  county  of  Sangamon,  as  now  appears  on  re- 
cord in  said  county,  be,  and  the  same  is  hereby,  vacated;  and  Plat  vacated 
that  the  plat  made  out   hy  John  B.  Watson,  deputy  surveyor  Watson's  plat 
of  said  county,  is  hereby  declared  to*  be  the  true  plat  of  said 
town,  and  the  recorder  of  said    county  is  hereby  required  to 
record  the  same  in  his  office. 

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,  Sec.  of  State 
and  the  said  bill  not  having  been  returned  with  the  objections  of  the 
Council  on  the  first  day  of  the  present  session  of  the  General  Assembly, 
it  has  become  a  law. 

Given  under  my  hand  this  10th  day  of  December,  1839. 

A.  P,  FIELD,  Secretary  of  State. 


AN  ACT  to  amend  an  act  entitled  "An  act  to  encourage  the  killing  of      In  force, 

Wolves,"  approved  February  15, 1837.  Dec   10,  1839. 

Sec  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  every  person  who 
shall  kill  any  wolf  or  wolves  in  this  State,  shall  receive  the  Bounty  for 
following  bounty,  to  wit:  for  each  wolf,  known  and  denomi- we^gJ    s 
natcd  the  Big  wolf  of  six  months  old  and  upwards,  the  sum 
ofrtwo  dollars;  for  each  wolf  of  the  same  kind  under  six  months' 
old,  the  sum  of  one  dollar;  for  each  wolf  known  and  denomi- 
nated, the  Prav-ie  wolf,  of  any  age,  the  sum  of  one  dollar,  to 
be  paid  out  of  the  State  Treasury,  on  the   certificate  of  the  To  be  paid  out 
clerk  of  the  county  commissioners'  court,  where  such  wolfoffetate  trea" 

surv 

or  wolves  were  taken  and  killed.     The  person  claiming  such  p„   „„. 

ii  i  i    *      ■  i  i  rerson  to  pro- 

reward  shall  produce  the  scalp  or  scalps,  with  the  ears  there-  duce  scalp 

on,  within  ninety  days  after  the  same  was  taken  and  killed, 

to  the   clerk  of  the  county   commissioners'  court  within  the 

county   where  such  wolf  or  wolves  were  taken  and  killed, 

who  shall  administer  to  the  said  person   the  following  oath  0ath 

or  affirmation,  viz:  You  do  solemnly  swear  or  affirm  (as  the 

case  may  be)  that  the  scalp  or  scalps  by  you  produced  were 

taken  from  a  wolf  or  wolves,  killed  within  this  State  within 

ninety    days  last  past,  and   that  you   believe  such  wolf  or 

wolves  from  which  they  were  taken  were  over  or  under  six 

months  old,  are  of  a  large  or  small  kind  (as  the  case  may  be.) 

The  first  section  of  the  act  entitled  k<An  act  to  encourage  First   section 

the  killing  of  wolves,"  approved  15th  February,  1837,  is  here-  of  original  act 

by  repealed.     This  act  to  take  effect  from  and  after  the  first  rePealed 


156  LAWS  OF  ILLINOIS. 

day  of  April  next:  Provided,  That  the  affidavit  herein  pro- 
vided for,  may  be  made  before  any  justice  of  the  peace,  and 
the  premium  may  be  paid  out  of  any  money  in  the  hands  of 
the  Sheriff  of  the  respective  counties  belonging  to  the  State. 

Certificate    of     This  bill  having  been  laid  before  the  Council  of  Revision,  and  ten  days 
Sec'y  State  not  having  intervened  before  the  adjournment  of  the  General  Assembly, 

and  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  this  10th  day  of  December,  1839. 

A .  P.  FIELD,  Secretary  of  State. 


In  force        ■^•^  ^CT  for  the  relief  of  the  clerks  of  the  circuit  courts  of  Sangamon,  Clin- 
Dec.  10  1839.  ton,  Fayette  and  Franklin  counties. 

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

represented  in  the  General  Assembly,  That  whenever  the  clerk 

Clerk  Sanga-of  the  circuit  court  of  Sangamon  county   shall  make  out  a 

mon  co.  may  fee  [y[\[  jtl  ^Qe  form  0f  ]aw  for   services  rendered  by  him  or 

bill  for  servi-  DJ  ms  predecessor  in  office  as  clerk,  in  all  cases  in  which  the 

pes   rendered  president  and  directors  of  the  old  State  Bank  of  Illinois  were 

in  case  of  old  a  party   s0  far  as  sai<j  services  were  rendered  for  said  bank, 

and  lor  which  it  is  or  would  be  liable  as  such  party,  and  shall 

transmit  the  same   to    the  Auditor  of  Public  Accounts,  said 

And  to  issue  Auditor  shall  issue  his  warrant  upon  the  treasury  in  favor  of 

warrant  said  clerk  for  such  amount  as  may  be  so  shown  to  be  due 

him. 

Sec  ''2.     Said  clerk  in  making  out  said  fee  bill  shall  be  lia- 
Penahy  for     ble  to  the  same  penalties  and  forfeitures  for  any  violation  of 

violation  of    th.e  present  law  regulating  fees  as  he  would  be  in  any  other 
by  clerk  '  -  ...  q  j 

•'  case. 

Clerks  of  Sec.  ^.     ^ne   clerks    of  the   circuit   courts   of  Franklin, 

Franklin,        Fayette  and  Clinton  counties,  shall  be  entitled  to  the   same 

iayette  and    benefits,  subject  to  the  same  pre-requisites  and  liabilities  un- 
Chnton  coun-  ,         ,  .    7         J     ,u  -j     i      i       r  d  i. 

ties  entiled  to  #er  tms  act  as  the  said  clerk  or  Sangamon  county. 

same  benefits  Sec  4.  That  before  the  Auditor  shall  issue  his  warrant 
for  the  payment  of  any  sum  of  money  by  virtue  of  this  act, 
he  shall  require  that  the  fee  bills  of  the  said  clerks  shall  be 
Fee  bill  to  be  certified  by  the  judges  of  the  circuit  courts  of  the  said  coun- 
?e^"ed  bv  tiesnamed  in  this  act,  and  producethecertificate  of  said  judge 
that  the  amount  claimed  by  such  fee  bill  is  legally  and  equita- 
bly due  said  clerks,  and  has  never  been  paid. 

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 

council  on  the  first  day  of  the  present  session  of  the  General  Assembly, 

the  same  has  become  a  law. 

Given  under  my  hand  this  10th  day  of  December,  1839 . 

A  .  P.  FIELD,  Secretary  of  State. 


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  deposited  in  this  office;  the  words  printed  in  brackets,  thus  [  ]  in 
the  several  laws  in  which  they  occur,  not  being  in  the  enrolled  laws, 
but  are  introduced  in  the  printed  laws  for  the  purpose  of  correcting  and 
explaining  the  same. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name,  at  Spring- 
field, 14th  March,  1S40. 

A.  P.  FIELD, 

Secretary  of  State, 


REPORTS 


AUDITOR    AND  TREASURER 


STATE  OF  ILLINOIS. 


REPORT 


OF 


THE  AUDITOR  OF  PUBLIC  ACCOUNTS, 


STATE    OF    ILLINOIS, 


TRANSMITTED   TO 


BOTH  HOUSES  OF  THE  GENERAL  ASSEMBLY 


DECEMBER  14,  1839, 


AUDITOR'S  REPORT. 


To  the  Honorable, 

The  Speaker  of  the  House  of  Representatives. 

Sir:  I  have  the  honor  to  submit  the  following  Report,  shewing  the 
receipts  and  expenditures  at  the  Treasury,  during  the  year  ending  on  the 
1st  of  December,  1839;  the  present  condition  of  the  School  Fund,  with 
the  amount  of  interest  thereon,  to  be  apportioned  to  the  several  counties, 
on  the  lstday  of  January  next;  the  amount  of  revenue  derivable  from  tax- 
ation for  the  present  year,  shewing  the  amount  due  from  each  County,  so 
far  as  a  revenue  has  been  assessed ;  the  condition  of  the  Treasury  at  this 
time,  and  what  will  be  its  probable  condition  on  the  1st  of  December, 
1840;  and,  also,  the  present  indebtedness  of  the  State  on  account  of 
Stocks  sold. 

I  have  the  honor  to  be,  Sir, 

Your  obedient  servant, 

LEVI  DAVIS, 
Auditor  Public  Accounts* 


[iv] 


AUDITOR'S  REPORT. 


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[vi] 


AUDITOR'S  REPORT. 


Amount  of  warrants  drawn  upon  the  State  Bank,  from  the  1st  day  of 
December,  1838,  to  the  1st  day  of  December,  1839,  for  the  current 
expenses  of  the  State,  and  charged  to  the  jollowing  accounts,  viz : 


To  what  charged. 


Special  appropriations,    - 

Interest  on  school,  college  and  seminary  fund, 

Circuit  attorneys,  ... 

General  Assembly,  - 

Money  refunded, 

Judiciary,  - 

Secretary  of  State,  - 

The  Militia,         .... 

Incidental  expenses,        - 

Attorney  General,  - 

Penitentiary  Inspectors,  - 

Auditor  of  Public  Accounts, 

Treasurer, 

Appropriations  to  Counties, 

The  Governor,    - 

Public  Printing,  - 

Redemption  money, 

Counties  in  the  Military  Tract,    - 

Taxes  refunded,  - 

Appropriation  for  State  House  at  Springfield, 

Distributions  of  Laws  and  Journals, 

Superintendant  of  the  Penitentiary, 

Appropriations  for  killing  Wolves, 

The  contingent  fund,       ... 

County  Assessors, 

Incidental  expenses  of  Penitentiary, 


Amount. 


$12,593  61 

43,241  39 

1,840  73 

63,641  20 

172  74 

14,270  22 

2,145  00 

815  00 

3,992  15 

245  78 

200 

2,400 

1,600 

496 

1,501 

23,345 

548 

800  00 

789  72 

96,598  00 

2,460  50 

291  66 

709  00 

2,090  52 

2,030  23 

3,800  00 

$282,619  32 


00 
00 
00 
71 
71 
14 
31 


AUDITOR'S  REPORT. 


[vi.] 


A  statement  of  the  amount  drawn  from  the  Treaswy  on  account  of  the 
Contingent  Fund,  from  December  1st,  .1838,  to  December  1st,  1839. 


Date. 


1838. 
Dec.        4. 


1839. 
Jan.        9. 

24 


March    18 

May       24 

27 


June      13 


25 


To  whom  paid. 


To  warrants  to  James  M.  Morse,  in  full,  of  his 
contract  for  plastering  and  whitewashing  the 
Legislative  Halls,  and  for  fitting  curtains,  &c. 

To  warrants  to  James  M.  Morse,  in  full,  for 
cleaning  floors  and  windows  in  State  House, 
sewing  and  laying  down  carpet,  &c. 

To  warrants  to  William  L.  Graves,  in  full  of 
his  account  for  shingling  around  stove  pipes, 
on  roof  of  the  State  House, 

To  warrants  to  Benjamin  O.  Sidmore,  in  full, 
for  glazing  lights  in  Legislative  Halls, 

To  warrants  to  J.  W.  Curlee,  in  full  of  his  ac- 
count for  repairs  done  on  State  House, 

To  warrants  to  E.  Capps,  in  full,  for  filling  ex- 
cavation in  Public  Square,  - 

To  warrants  to  James  Campbell,  in  full,  for 
postage  on  tax  list,  from  Macomb  to  Quincy, 

To  warrants  to  John  S.  Roberts,  in  part,  for 
his  compensation  for  cleaning  Privy,  at  State 
House,  lighting  lamps,  &c.  - 

To  warrants  to  Abner  Johnson,  in  full,  for  his 
services  in  going  to  and  returning  from  Jef- 
ferson city,  to  demand  J.  Obleness  and  M. 
Butcher,  fugitives  from  justice, 

To  warrants  to  Isaac  Carel,  in  full,  for  making 
box  for  conveying  State  bonds, 

To  warrants  to  Thomas  Carlin,  in  full,  for  ex- 
penses paid  in  transmitting  State  bonds  from 
St.  Louis  to  Vandalia  and  back, 

To  warrants  to  N.  M.  McCurdy,  in  full,  for 
bearing  State  bonds  from  the  city  of  Phila- 
delphia to  Vandalia,  - 

To  warrants  to  James  M.  Lucas,  in  full,  for 
publishing  Governor's  Proclamation,  for  the 
apprehension  of  Nathan  Graves  and  George 
Kendall,  fugitives  from  justice, 

To  warrants  to  J.  W.  Berry,  in  part,  for  paint- 
ing two  full  length  portraits  of  Generals 
Washington  and  La  Fayette,  to  be  placed  in 
the  Legislative  Halls  of  the  State  House,     - 


Amount. 


$496  00 

116  00 

5  00 

1  00 

19  50 

5  00 

4  00 

10  00 


15  75 

5  00 

5  00 

10  00 

5  25 


500  00 


[viii] 


AUDITOR'S  REPORT. 

Contingent  Fund — Continued. 


Date. 


1839. 
July         5 


8 

ugust    7 

Sept.      12 


27 


To  whom  paid. 


To  warrants  to  B.  W.  Thompson,  L.  Ginger, 
B.  F.  Lee,  R.  Porter,  H.  Snyder,  Wm.  Red- 
mond, D.  Snyder,  Peter  Smith,  E.  Davis  and 
J.  Lutt,  in  full,  for  their  services  in  removing 
Public  Offices  from  Vandalia  to  Springfield, 

To  warrants  to  B.  W.  Thompson,  in  full,  for 
removing  Office  of  Clerk  of  Supreme  Court 
from  Vandalia  to  Spiingfield, 

To  warrants  to  Wm.  Walters,  in  full,  for  haul- 
ing two  loads  of  State  paper  from  Vandalia 
to  Springfield,  - 

To  warrants  to  John  Poussardin,  in  full,  for 
four  pine  boxes  furnished  for  packing  books 
and  papers  of  Secretary's  office, 

To  warrants  to  John  S.  Roberts,  in  full,  for 
his  services  in  removing  Secretary's  office,    - 

To  warrants  to  Philips  &  McDuff,  in  full,  for 
boxes,  &c.  furnished  for  removing  Secreta- 
ry's office,    - 

To  warrants  to  James  Black,  in  full,  for  boxes 
furnished  for  removing  Secretary's  office,     - 

To  warrants  to  Henry  Eccles,  in  full,  for  box- 
es furnished  for  removing  Secretary's  office, 

To  warrants  to  James  M.  Morse,  C.  H.  Hodge, 
H.  C.  Ernst,  James  Reed  and  H.  Goodman, 
in  full,  for  services  in  removing  Secretary's 
office,  - 

To  warrants  to  B.  H.  Reed,  in  full,  for  his 
services  as  a  messenger,  to  the  Governor  at 
Quincy,       ..... 


Amount. 


533  33 

24  00 

100  00 

4  00 

12  00 

3  75 

25  75 

19  19 

23  00 

48  00 

,090  52 


AUDITOR'S  REPORT.  [ix] 

A  statement  of  the  present  condition  of  the  School,  College  and  Seminary 

Fund. 

Amount  of  School  fund  on  the  1st  of  January, 

1839,       -  -  -  -  -  $279,085  06 

Amount  received  into  the  Treasury,  on  the 

30th  March,  1839,  -  -  -       19,500  00 

Amount  of  the  surplus  revenue,   which  was 

constituted  a  part  of  the  school   fund  by 

an  act  of  the  Legislature,  approved  25th 

February,  1837,    .... 

Amount  of  college  fund  on  the  1st  January, 

1839,       -  - 

Amount  received  into  the  Treasury,   on  the 

30th  March,  1839, 

Amount  of  seminary  fund  on  the  1st  January, 

1839, 

Amount  received  into  the  Treasury  on  30th 

September,  1839,  - 

Amount  received  into  the  Treasury  on  the 

31st  October,  1839, 
Amount  received  into  the  Treasury  on  the 

30th  November,  1839,      - 


Total  amount  of  school,  college  and  semi- 
nary fund,         - 


335,592  32 

|634,177  38 

55,800  98 

3,900  00 

59,700  98 

49,306  25 

4,208  63 

2,102  78 

500  00 

56,117  65 

$749,996  01 

w 


AUDITOR'S  REPORT. 


A  statement  of  the  amount  to  be  apportioned  to  the  several  Counties,  on 
the  1st  day  of  January,  1840,  from  the  interest  on  the  School,  Col- 
lege and  Seminary  Funds,  for  the  year  1839. 


Counties. 

Amount. 

Counties. 

Amount. 

Adams, 

$1,169  20 

Madison, 

$1,364  35 

Alexander,    - 

339  24 

Morgan  and  Cass,  - 

3,149  03 

Bond,   - 

620  23 

Monroe, 

436  21 

Clark,   - 

563  60 

Montgomery, 

630  81 

Cook,    - 

1,326  89 

Marion, 

474  20 

Crawford, 

585  30 

Macon, 

508  61 

Clinton, 

432  96 

McLean, 

896  90 

Coles,   - 

884  16 

McDonough, 

482  30 

Clay,     - 

239  00 

Mercer, 

81  20 

Champaign,  - 

173  96 

Macoupin,     - 

919  04 

Calhoun, 

172  07 

Pope,    -         -         - 

616  72 

Edgar,  - 

1,154  30 

Pike,     - 

1,012  86 

Edwards, 

330  28 

Peoiia,  - 

476  09 

Effingham,    - 

183  71 

Perry,  - 

372  55 

Franklin, 

936  69 

Putnam  and  Bureau 

641  61 

Fulton,  - 

988  46 

Randolph,     - 

895  77 

Fayette, 

623  20 

Rock  Island, 

88  52 

Gallatin, 

1,259  90 

Sangamon,    - 

2,929*72 

Greene, 

2,070  26 

Saint  Clair,   - 

1,422  31 

Hancock, 

532  18 

Shelby, 

831  53 

Hamilton, 

475  28 

Schuyler, 

1,032  94 

Iroquois, 

188  30 

Tazewell, 

918  01 

Johnson, 

367  42 

Union,           -         - , 

720  48 

Jefferson, 

596  64 

Vermilion,    - 

1,358  31 

Jackson, 

474  20 

Wabash, 

508  86 

Jo  Daviess,   - 

498  82 

Warren, 

445  97 

Jasper, 

71  64 

White, 

1,028  52 

Knox,  - 

397  76 

Washington, 

518  08 

Lawrence,     - 

718  32 

Wayne, 

515  35 

La  Salle, 

675  78 

7 

$44,326  60 

AUDITOR'S  REPORT. 


[ri] 


A  statement  of  the  amount  of  State  Revenue  derivable  from  each  county 
in  the  State,  for  the  year  1839,  so  far  as  returns  have  been  made  to 
the  Auditor's  office. 


Adams, 

-   $6,750  43 

Madison, 

-     6,751  58 

Alexander, 

681  32 

Monroe, 

-     1,221  C8 

Boone, 

-    t      68  97 

Morgan, 

-     5,815  42 

Bureau, 

890  71 

McDonough,  - 

-     2,470  36 

Brown, 

-     1,297  24 

Montgomery,  - 

872  33 

Carroll, 

112  22 

Macoupin, 

-     1,522  65 

Clinton, 

-      1,227  10 

Macon, 

-     1,193  79 

Calhoun, 

816  65 

Menard, 

-     1,306  95 

Cass, 

-      1,050  00 

Marshall, 

700  00 

Clay, 

302  15 

McLean, 

-     2,031  42 

Crawford, 

-     1,230  46 

Mercer, 

915  68 

Coles, 

-     2,061  21 

Marion, 

448  00 

Clark, 

-     1,460  86 

Ogle,    ' 

672  34 

Cook, 

-     3,631  19 

Putnam, 

398  45 

De  Witt, 

229  49 

Pike, 

-     3,633  52 

Dane, 

289  46 

Perry, 

553  22 

Edgar, 

-     2,890  67 

Peoria, 

-     2,853  49 

Edwards, 

755  72 

Sangamon, 

,     7,297  78 

Effingham, 

115  52 

Stark, 

697  82 

Franklin, 

652  31 

Scott, 

-      1,721  75 

Fulton, 

-     3,488  07 

Schuyler, 

-     2,300  91 

Fayette, 

937  30 

Samt  Clair, 

-     5,210  10 

Gallatin, 

-      1,579  63 

Shelby, 

-     1,151  60 

Hamilton, 

313  24 

Tazewell, 

-     2,034  00 

Hancock, 

-     2,802  8S 

Union, 

886  31 

Iroquois, 

249  04 

Vermilion, 

-     3,200  90 

Jackson, 

830  94 

Whiteside, 

235  72 

Jefferson, 

667  54 

Will, 

-     1,118  66 

Jo  Daviess, 

567  08 

Wayne,  ; 

580  00 

Knox, 

-     2,439  92 

Washington,  - 

766  48 

Kane, 

509  82 

White, 

-     1,110  24 

Lawrence, 

-     1,494  74 

Warren, 

-     3,379  74 

La  Salle, 

-     1,670  49 

Wabash, 

-     1,379  45 

Livingston, 
Logan, 


77  78 
368  39 


$M0,942  28 


[xii]  AUDITOR'S  REPORT. 

The  Revenue  law  requires  the  clerks  to  report  to  the  Auditor  the  ag- 
gregate amount  of  State  tax  assessed  in  their  respective  counties;  and,  I 
have,  therefore,  no  means  of  showing  the  separate  valuation  on  Real  and 
personal  property  in  the  State.  It  will  be  perceived  from  the  above  state- 
ment, that  a  number  of  counties  have  failed  to  comply  with  the  provisions 
of  the  law.  A  list  of  those  counties,  from  which  no  returns  have  been 
received,  at  this  office,  is  herewith  submitted,  marked,  A.  I  have  been 
advised,  that  in  many  counties,  owing  to  a  misapprehension  of  the  pro- 
visions of  the  1st  section  of  the  law,  a  tax  was  assessed  only  on  such 
property  as  is  enumerated  in  said  section.  If  the  law,  therefore,  had 
been  carried  into  general  and  perfect  operation  throughout  the  State,  the 
amount  of  Revenue  could  not  have  been  less  than  $120,000. 

Although  there  was  considerable  hostility  felt  against  this  law  for  some 
time  immediately  after  its  passage,  yet,  now,  since  its  provisions  have  been 
understood,  and  the  necessity  which  existed  for  its  passage,  clearly  demon- 
strated, it  meets  with  the  general  approbation  of  the  people;  and,  it  is 
believed,  that  hereafter  it  will  meet  with  no  further  opposition,  even  in 
those  counties  which  have  been  most  decidedly  against  it. 

*  ' 

The  following  is  a  statement  of  the  present  condition  of  the  State 
Treasury,  in  regard  to  her  ordinary  resources  and  expenditures: 

Amount  due  the  Bank  on  the  1st  day  of  De- 
cember, 1839,      -  $142,550  61 

Amount  of  outstanding  warrants  on  the  1st 

day  of  December,  1839,  -  -  83,109  11 

$225,659  72 


To  meet  this  sum,  the  State  has  the  following  resources,  viz : 

Amount  of  revenue,  derived  from  taxation, 

for  1S39, $110,942,28 

Amount  due  from  Shawneetown  Bank,         -  6,981  01 

"       due  from  citizens  of  Springfield,      -  16,666,66 
"       due  from  Revenue  collectors  under 

the  old  Revenue  system,  -  11,833  74 


146,423  69 


Deficit  on  1st  December,  1839,        -  -  $79,236  03 

Of  the  above  amount  of  outstanding  warrants,  the  sum  of  $80,097  00 
was  issued  on  account  of  the  State  House  appropriation,  excluding  which, 
the  balance  against  the  Treasury,  at  this  time,  would  amount  to  the  sum 
of  only  $3,012  11.  In  my  last  report  to  your  Honorable  body,  I  estima- 
ted the  ordinary  expenditures  of  the  State,  for  the  year  1840,at$91,170  00. 
Since  which  time,  by  the  leasing  of  the  Penitentiary,  the  State  has  been 
relieved  of  an  expense,  estimated  at  $2,400  00.  The  interest  accrueing 
upon  the  school  fund,  on  the  1st  day  of  January  next,  will  be  less  than  the 
amount  estimated  by  about  $700.  To  counterbalance  this  reduction  in 
the  estimated  expenditures  of  1840,  there  will,  however,  be  about  an  equal 


AUDITOR'S  REPORT.  [xiii] 

amount  of  interest  accrueing  upon  the  State  House  Stock,  which  will 
leave  the  expenditures  of  1840  at  about  the  sum  estimated;  to  which  is  to 
be  added  the  following  expenses  (not  then  anticipated)  viz:  Expenses  of 
the  present  session  of  the  General  Assembly,  including  printing  paper  for 
laws,  &c.  say  $50,000  00 ;  interest  on  warrants,  say  $5,000  00,  and  balance 
of  State  House  appropriations,  not  yet  drawn,  $31,718  00;  making  the 
total  expenditures  for  1840,  amount  to  $177,888  00. 

The  following  statement  exhibits,  it  is  believed,  what  will  be  the  condi- 
tion of  the  Treasury  on  the  1st  day  of  December,  1840: 
Amount  to  be  derived  from  taxation,  for  the 

year  1840,  under  the  present  revenue  law, 

say,  -  -  -  -  -  $140,000  00 

Amount  from  Bank  of  Illinois  and  State  Bank 

say, 22,000  00 

Amount  from  State  House  loan,         -  -  128,000  00 


Balance  against  the  Treasury  on  the  1st  De-  $290,000  00 

cember,  1839,      ....      $79,236  03 
Expenditures  of  1840,  as  above  stated,  -      177,888  00 

257,124  03 


Leaving  a  balance  in  favor  of  the  Treasury 
on  the  1st  December,  1840,  of     -  -  $32,875  97 

The  first  instalment  of  the  State  House  loan  became  due  on  the  1st  of 
November  last,  the  draft  for  which,  amounting  to  the  sum  of  $16,000,  less 
$200  expenses,  has  been  returned  protested.  In  the  above  estimates, 
however,  I  have  assumed  that  this  loan  will  be  paid,  which  assumption  is 
founded  upon  the  fact,  that  the  contract  for  the  loan,  is  guaranteed  by  in- 
dividuals in  the  city  of  New  York,  of  respectable  standing,  a  copy  of  which 
contract,  marked  B,  is  herewith  submitted.  Should  this  loan  be  realized, 
I  think  there  cannot  exist  a  doubt,  that  our  present  Revenue  law  will  am- 
ply fulfil  all  the  purposes  for  which  it  was  framed;  and  that  by  the  year 
1841,  it  will  have  furnished  a  revenue  sufficient  to  defray  the  balance 
which  now  exists  against  the  Treasury,  together  with  the  expenditures  of 
the  ensuing  year,  including  the  interest  on  the  State  House  stock  and  the 
School  fund,  and  leave  a  balance  in  favor  of  the  Treasury.  It  is  confi- 
dently believed  that  the  expenditures  of  1840,  will  not  exceed  the  amount 
above  estimated;  and,  it  is  as  confidently  believed,  that  the  revenue  may 
safely  be  assumed  to  amount  to  the  sum  I  have  stated,  as  the  law  will 
doubtless  be  generally  and  more  perfectly  executed,  and  as  there  will  be  a 
considerable  increase  in  the  taxable  property  of  the  State.  In  the  years 
1841  and  '42,  there  will  be  a  vast  accession  to  the  taxable  lands  in  the 
State,  and  the  revenue  from  that  source  will  be  greatly  augmented.  It 
may  safely  be  assumed,  that  the  revenue  under  the  existing  law,  will  an- 
nually increase  in  a  greater  proportion  than  the  expenditures;  and,  that, 
should  there  be  no  demand  upon  the  revenue  from  our  Internal  Improve- 
ment system,  the  state  of  the  Treasury,  in  a  few  years,  will  justify  a  reduc- 
tion in  the  rate  of  taxation. 


[vx]  AUDirOR'S  REPORT. 

I  would  respectfully  suggest  that  a  law  be  passed,  authorizing  and  re- 
quiring the  assessors  who  may  be  appointed  the  ensuing  year,  in  those  coun- 
ties which  have  failed  to  comply  with  the  law,  to  assess  tax  for  the  present 
year;  also,  that  the  present  law  be  amended,  so  as  to  specify  more  dis- 
tinctly, the  fees  which  certain  officers  are  to  receive  for  their  services,  es- 
pecially the  fees  of  the  sheriff  and  clerks  fcr  entering  judgment  and  selling 
delinquent  lands.  From  the  short  experience  which  1  have  had,  in  acting 
under  the  law,  I  am  not  at  present  awafe  that  any  further  amendments  are 
necessary,  except  in  the  1st  section,  a  misapprehension  in  regard  to  which 
I  have  before  alluded  to. 

I  herewith  submit  copies  of  the  Reports  which  have  been  made  to  this 
office  by  the  Fund  Commissioners,  since  the  last  session  of  the  General 
Assembly,  together  \*yith  copies  of  the  contracts  made  by  them  for  the  sale 
of  Internal  Improvement  bonds.  No  report  has  yet  been  made  to  this 
office  relative  to  the  sales  made  of  Internal  Improvement  bonds  in  Europe 
by  the  Fund  Commissioners. 

The  following  statement  exhibits  the  indebtedness  of  the  State,  on  ac- 
count of  stocks  sold,  viz: 

Amount  of  Illinois  and  Michigan  canal  stock  sold,       -        $2,400,000  00 
"       of  Bank  and  Internal  Impiovement  stock  sold,  2,665,000  00 

"       of  Internal  Improvement  stock  sold,  including 
$1,500,000  said  to  be  sold  in  Europe,  but  not  yet  offi- 
cially reported  to  this  office,  -  -  -  4,687,000  00 
Amount  of  State  House  stock  sold,     -  128,000  00 


Total  amount  of  stocks  sold,  $9,880,000  00 

Amount  of  interest  accrueing  annually  on  the  above 
stock,  ------  $592,800  00 

From  this  sum  deduct  amount  of  dividends 
on  Bank  and  Internal  Improvement  stock, 
say,  -  -  -  -  -   $240,000  00 

Amount  of  revenue  to  meet  interest  on  State 

House  stock,  ...  -         7,680  00 

247,680  00 


Leaving  amount  of  interest  to  be  paid  out  of 

Canal  and  Internal  Improvement  funds,     -  $345,120  00 

Of  the  above  amount  of  $345,120  00,  the  sum  of  $144  00  is  to  be  paid 
out  of  the  Canal  fund,  and  the  sum  of  $201,120  00  out  of  the  Internal  Im- 
provement fund.  How  far  those  funds  are  available,  to  pay  this  interest, 
I  have  no  means  of  knowing. 

LEVI  DAVIS, 
Auditor  Public  Accounts. 
Auditor's  Office, 

Springfield,  December  14,  1839. 


AUDITOR'S  REPORT. 


[xv] 


DOCUMENT TS 


ACCOMPANYING  THE 


AUDITOR'S  REPORT. 


A. 

A  list  of  those  Counties  from  which  no  returns  have  been  received 
agreeable  to  the  provisions  of  the  13th  section  of  "An  act  concerning  the 
Public  Revenue." 


Bond, 

Champaign, 
De  Kalb, 
Du  Page, 
Henry, 


Johnson, 

McHenry, 

Pope 

Randolph, 

Stephenson, 


Winnebago, 

Jasper, 

Greene. 


B. 

Copy  of  Agreement. 

This  agreement,  made  this  fourteenth  day  of  May,  eighteen  hundred 
and  thirty-nine,  by  and  between  the  State  of  Illinois,  by  her  agents,  Moses 
M.  Rawlings  and  John  Reynolds,  of  the  first  part,  and  the  Poukecpsie 
Locomotive  Engine  Company  of  the  State  of  New  York,  of  the  second 
part,  Witnesseth:  The  said  Rawlings  and  Reynolds,  for  and  on  the  part 
of  the  said  State  of  Illinois,  agree  to  deliver  to  the  said  parties,  of  the 
second  part,  in  the  city  of  New  York,  at  the  Atlantic  Bank,  in  the  city  of 
New  York,  in  the  said  city,  on  or  before  the  first  of  August  next,  bonds 
regularly  executed  according  to  law,  pledging  the  faith  and  credit  of  the 
said  State  of  Illinois,  for  the  payment  of  the  principal  and  interest,  at  the 
rate  of  six  per  cent,  per  annum,  to  the  amount  of  one  hundred  and  twen- 
ty-eight thousand  dollars.  Said  bonds  are  to  be  one  thousand  dollars  each, 
and  re-imbursable,  principal  and  interest,  at  the  said  place,  in  the  city  of 
New  York,  where  they  are  delivered,  and  at  the  pleasure  of  the  said  State 
of  Illinois,  on  or  after  the  thirty-first  of  December,  eighteen  hundred  and 
sixty.  In  consideration  of  the  said  delivery  of  bonds,  the  said  parties  of 
the  second  part  agree,  and  bind  themselves  and  heirs,  to  the  said  Rawlings 


[xvi]  AUDITOR'S  REPORT. 

and  Reynolds,  to  accept  and  pay  the  order  of  the  proper  officer,  or  officers 
of  the  State  of  Illinois,  in  the  said  city  of  New  York,  at  the  Atlantic  Bank 
in  the  city  of  New  York,  in  said  city,  the  sum  of  one  hundred  and  twenty- 
eight  thousand  dollars,  in  eight  equal  instalments,  the  first  commencing 
three  months  after  the  delivery  of  said  bonds,  and  then  in  regular  succes- 
sion every  three  months  after  each  payment;  said  instalments  are  to  be  paid 
so  that  the  last  will  be  two  years,  from  and  after  the  first  payment,  amount- 
ing in  all  to  the  said  sum  of  one  hundred  and  twenty-eight  thousand  dollars. 

It  is  further  agreed,  by  and  between  the  said  parties,  that  the  said  par- 
ties of  the  second  part,  agree  to  pay  to  the  said  State  of  Illinois,  the  in- 
terest at  the  rate  of  six  per  cent,  per  annum,  for  the  time  that  a  credit  is 
allowed  to  them  by  the  said  State,  on  the  amount  of  money  which  they 
may  owe  to  said  State;  said  interest  to  commence  from  and  after  the  de- 
livery of  the  said  bonds,  and  in  consideration  of  interest,  on  the  said  bonds, 
and  an  interest  account  is  to  be  opened  by  and  between  said  parties  to 
this  contract. 

In  testimony  whereof,  we,  the  said  Moses  M.  Rawlings  and  John  Rey- 
nolds, agents  as  aforesaid,  and  Henry  F.  Tallmadge,  agent  as  aforesaid, 
have  signed,  sealed  and  delivered  this  contract,  dated  above. 

M.  M.  RAWLINGS,  Agent, 
JOHN  REYNOLDS,  Agent, 
H.  F.  TALLMADGE,  Agent, 
Poukeepsie  Locomotive  Engine  Company. 

We  hereby  guarantee  the  faithful  performance  of  the  within  contract 
on  the  part  of  the  Poukeepsie  Locomotive  Engine  Company. 

N.  P.  TALLMADGE, 
H.  F.  TALLMDAGE, 
THOS.  F.  HARVEY, 
WALTER  CUNNINGHAM, 
HENRY  IBBOTSON. 


REPORT 


OF   THE 


TREASURER   OF   THE   STATE   OF   ILLINOIS 


TO   THE 


GENERAL   ASSEMBLY, 


DECEMBER  1839. 


Treasurer's  Office,  Illinois, 

Springfield,  December,  30/A,  1839. 
To  the  Hon.  the  Speaker  of  the  House  of  Representatives : 

Sir:  I  have  the  honor  to  submit  the  following  statement,  exhibiting  the 
receipts  at  the  Treasury,  monthly,  from  the  various  sources  of  Revenue, 
for  the  time  therein  set  forth:  also,  the  amount  deposited  in  the  State 
Bank  and  Branches,  old  State  paper  burned,  &c. 

I  am  your  obedient  servant, 

JOHN  D.  WHITESIDE, 

Treasurer  of  Illinois* 


12 


XVIII 


TREASURER'S  REPORT. 


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xix 


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INDEX  TO   LAWS. 


A. 

PAGE. 

Abolishment  of  Board  of  Public  Works,  and  Board  of  Fund 

Commissioners              -  98 

Academy,    Bainbridge             ...            -            -  99 

Agricultural  Society,  Union,                -  33 
American  Bottom,  act  to  incorporate  -  northern  division  of,  repealed     67 

Appeals,  laws  in  relation  to  amended               ...  108 

Appropriations,  partial             -  81 

for  1839-40 81 

Assessment  of  tazes  legalized,  Champaign  co.              -            -  HI 

De  Kalb   "...  45 

Dupage               -                         -  47 

Iroquois  and  Clay            -             -4  70 

McHenry  and  Stark  77 
Athens,  see  Towns 

Attachments,  act  concerning                -  30 

act  to  amend       .....  31 

Auditor  of  Public  Accounts,  to  credit  Robert  Davis,   -  28 

duty  with  School  Fund  Sanga- 
mon county    -            -            -  91 
j                                                   Governor  and  Treasurer  to  settle 

accounts  of  agents  for  canal  loans  80 
and  Treasurer's  report,  see  appendix 

B. 

Bainbridge  academy,  act  supplemental  to         -            -             -  99 

Bank,  State  of  Illinois             .....  15 

Barry,  see  Towns 

Beet  sugar,  silk  &c.  company,            ....  48 

Benefit,  Stark  county               .....  65 

Martin,  V.  A 135 

Wildy  Lodge             -            -                         ■            -  134 

Binding  laws,  journals  &e.    -----  34 

Bloomington,  see  Towns 


xxn  INDEX. 


PAGK. 


Board  of  Fund  Commissioners,  act  to  abolish              -            -  98 

Board  of  Public  Works           -  93 

act  to  abolish                ...  98 

Bonds,  State,  when  may  be  sold           ....  93 

may  be  received  by  Fund  Commissioner              -  96 

Boone  county,  time  of  holding  courts  in  88 

Bridges,  Clark  J.  A.  across  Pickatonica  river  -  26 

Lawrence  co.,  across  Embarrass  river             -  38 

Rose,  S.  and  A.  C.  Swan  at  Galena                -  56 

Sangamon  Coal  Bank  Company         -             -             .  *  102 

Witters  Samuel          -  78 

Bristol,  see  Towns 

c. 

Cahokia,  act  to  amend  act  concerning             ...  99 

Calhoun  Coal  and  Mining  Company    -             -            -            .  49 

Canal,  Illinois  &  Michigan,  dedication  of  lots  on  30 

laws  relating  to,  amended              -  79 

Canal  company  Mississippi  and  Illinois           ...  48 
Carmi,  see   Towns 

Carroll  co.,  time  of  holding  courts  in  88 

Cass  co.,  time  of  holding  courts  in  86 

Records  of                  .....  86 

Charity  Hospital,  La  Salle       .....  75 

Charleston  Seminary  and  Jonesboro  college    -  131 
Chester,  see  Towns 
Christian  county,  see  Counties 

Cities,  Springfield       ......  6 

Quincy 113 

Clark,  J.  A.  Bridge  across  Pickatonica  river                -             -  26 
Clay  county  Revenue,  see  revenue 

and  Iroquois,  assessments  in  70 

Clinton  steam  mill  company               ....  41 

Coal  Bank  Bridge  company,  Sangamon           ...  102 

Coles  co.,  additional  Notary  Public  in              -                          -  66 

Colleges,  Jonesboro                 -             -             -             -             -  131 

Knox  manual  labor,  act  amended    ...  23 

Shiloh           ......  37 

Commissioners,  Board  of  Public  Works,  office  created             -  93 

Champaign  county,  acts  legalized        -             -  111 

Fund,  office  reated      ....  93 

Sangamon  county  to  pay  over  School  Fund    -  91 

act  to  amend  97 

Schools,  to  distribute  funds  at  county  seat        -  87 

Common  Schools,  acts  relating  to  amended      -            -             -  90  96 

Constables,  sheriffs,  coroners,  &c,  act  concerning  78 

Contractors  on  Public  Works,  relief  of            -             -            -  98 

settlement  with               -  93 

Coroners,  sheriffs,  constables,  &c,  act  concerning  78 


INDEX. 


XXIII 


Cottage  Grove,  see  towns 

Counties,  Bond  time  of  holding  courts  in 

Boone  - 

Carroll         ..... 

Cass  - 

Records  of  - 

Champaign,  acts  of  Commissioners  legalized 
Christian      - 

Clat,  revenue  of.     See  revenue 
and  Iroquois,  assessments  of,  legalized 
Clinton,  time  of  holding  courts  in     -  " 

Coles,  additional  Notary  Public  in    - 
Dane,  name  of  changed       - 
school  fund  of  -  .  .- 

De  Kalb,  assessment  of  legalised 
•  county  seat  - 

Dupage,  assessment  legalized  -  - 

Fayette,  parts  of  roads  in,  relocated 

Franklin,  records  of 

Greene,  roads  in       - 

Hardin,  act  to  establish,  amended    -  r 

Henry,  acts  of  officers  legalised 

location  of  county  seat 

part  of  attached  to  Stark  county 
Hancock,  additional  justice  peace  in 
Iroquois  and  Clay,  assessment  of  legalised    - 
Jersey,  act  to  create  amended 

additional  Notary  Public  in  - 

time  of  holding  courts  in       - 
Jo  Daviess,  authorised  to  borrow  mo^ey 

time  of  holding  courts  in       - 
Lake,  relief  of  - 

La  Salle,  court  house  in       - 
Lawrence,  to  build  bridge  across  Embarrass  river 
Lee,  attached  to  sixth  Judicial  circuit 

time  of  holding  courts  in 
Logan,  part  of  Tazewell  attached  to 

school  fund  of 
Menard,  school  fund  of         - 
Morgan,  records  of  ... 

Pike,  additional  Notary  Public  in- 
road in  vacated  - 
Rock  Island,  time  of  holding  courts  in 
Sangamon,  school  fund  of     - 
Scott,  time  of  holding  courts  in 
Stark,  benefit  of       - 

county  seat  of 

limits  of,  extended      ... 
Stephenson,  time  of  holding  courts  in 
Tazewell,  part  of  attached  to  Logan 


130 

88 
88 
86 
86 
111 
80 

70 
130 

66 
80 

91  97 
45 
68 
47 
66 
86 

40  85 
38 
60 
61 
63 
41 
70 
104 
66 
86 
22 
88 
47 
65 
38 
44 
88 
29 

91,  97 

91,97 
86 
66 
52 
88 

91,97 
86 
65 
62 

i  62 
88 
29 


xxiv  INDEX. 


Counties,  Union,  authorised  to  borrow  money               -             -  75 

Whiteside,  time  of  holding  courts  in  -             -            -  88 

White  may  remove  mill  dam           ...  130 

Winnebago,  time  of  holding  courts  in  88 

Williamson,  act  to  establish  amended            -             -  88 

act  in  relation  to  87 

records  of  86 

Court  house,  La  Salle  county               -  65 

Courts  circuit,  time  of  holding  in  Boone  county           -             -  88 

Carroll               -  88 

Champaign       -  90 

Clinton  and  Bond           -             -            -            -  130 

Coles  and  Champaign    -  90 

De  Kalb            -      "      -             -             -             .  92 

Edgar                 .....  90 

Eighth  circuit  .....  5 

Hardin  county               -  40 

Jersey,  Cass  and  Scott               ...  86 

Jo  Daviess  county         -  88 

Kane  county     -----  93 

Lee      -            -            -            - '          .            .  88 

Peoria,  additional  term  of  92 

Rock  Island       -             -             -             .             .  88 

Sixth  circuit     -  88 

Stephenson  county        ....  88 

Vermillion         -            -             -             -            -  90 

Whiteside         -----  88 

Winnebago       -  88 

Court  Supreme,  publication  of  decisions  of    -             -             -  77 

summer  term  of                      -            -  87 

Creek,  Lusk,  declared  navigable          -             •             -             -  67 

D. 

Dane  county,  name  of  changed           -  80 
school  fund  of                 -            -             -             -        91, 97 

Davis,  Robert  J.,   credit  to     -  28 
Debts  and  liabilities  incurred  by  internal  Improvements,  how  settled      93 

Decisions  Supreme  Court,  publication  of         -            J            -  77 

De  Dal  b  county  seat                -  68 

time  of  holding  courts  in               -  92 

E. 

Ewing,  John  L.  com'r  on  road  from  Mt.  Sterling  to  Mt.  Carmel  64 

Execution,  additional  articles  exempt  from      -                          -  89 


INDEX.  xxv 

F. 


Fairmont.  See  towns 

Fayette  county,  parts  of  roads  in  relocated     -  66 

Fayette  Steam  Mill  Company              ....  19 

Ferries,  Gear,  H.  H.  across  Mississippi  river    -  23 

Hall,  Shelton  L.  and  others                   -  110 

Illinois  river    ------  49 

Madison  county  company        -  127 

Matthews  and  Aldrich            -  47 

May,  William  L.         -----  49 

Fox  river  declared  navigable  -----  9S 

Franklin  county,  records  of    -             -             -            -             -  86 

Fund  Commissioners,  accounts  of,  how  settled              -             -  96 

act  to  abolish  board  of    -             -             -  98 

Fund  Commissioner,  office  of  created              -  93 

Funds,  school  commissioners  of  to  distribute  at  county  seat  87 

G. 

Gear  H.  H.,  authorized  to  keep  a  ferry            -            -            -  23 

Georgetown.     See  towns 

Governor,  Auditor  and  Treasurer  to  settle  accounts  of  agents 

employed  to  negociate  canal  loans  80 
to  fill  vacancies  in  Board  of  Public  Works  or  of  Fund 

Commissioner     -----  94 

Greene  county  commissioners,  to  construct  roads  in                  -  40 
Greenfield.     See  towns. 

H. 

Hall,  S.  L.,  and  others  to  keep  a  ferry  across  Rock  River        -  110 

Hamilton  Primary  School                     ...             -  53 

Hardin  county,  act  to  establish,  amended         ...  38 
Hennepin.     See  Towns. 

Hospital  La  Salle  Charity        -----  75 

Howell  William,  relief  of 100 

Hubbard  A.  P.,  mill-dam  across  Fox  River      -            -            -  67 

I. 

Illinois  and  Michigan  Canal,  laws  ielaiing  to,  amended            -  79 

Illinois  City.     See  towns. 

Incorporations. 

Beet  Sugar,  Silk  &c.  Manufacturing  Company, 

act  to  amend            -  48 

Calhoun  Coal  and  Mining  Company,  act  amended  49 

Carmi,  town  of              ....  70 


xvix  INDEX. 

PAGE. 

Incorporations — 

Clinton  Steam  Mill  Company  41 

Fayette     "         «           «           .             .             -  19 

Georgetown  in  Randolph  county           -            -  32 

Hamilton  Primary  School          -            -            .  53 

Insurance  and  Trust  Company  of  Illinois          -  29 

Jacksonville,  town  of                 ...  106 

Kankakee  Manufacturing  Company      -             -  135 

Kaskaskia  Beet  Sugar  Manufacturing  Company  57 

"         Insurance  Co.,  name  of,  changed       -  29 

Knox  Manual  Labor  College     -  23 

W                                 Lacon,  town  of               ....  122 

La  Salle  Charity  Hospital,  act  amended             -  75 

Madison  County  Ferry  Company           -             -  127 

Middlesex  Steam  Mill           "     -             -             -  31 

Montibello  Manufacturing  Company     -            -  151 

Northern  division  American  Bottom,  act  repealed  67 
Peoria  Commercial  Insurance  Company,  act  amended  112 

Quincy,  city  of              -             -             -            -  113 

Quincy  House  Company,  act  supplemental  to     -  132 

^                        Randolph  Silk  Manufacturing  Company             -  57 

Rock  Island  Mutual  Fire  Insurance  Company  23 

"         "      University               -             -  17 

Sangamon  Coal  Bank  Bridge  Company             -  102 

Shiloh  College               ...            .  37 

Springfield,  city  of  6 

"              Mechanics'  Union               -  74 

St.  Clair  Steam  Mill  Company               -             -  100 

Towns  therein  named                 ...  36 

Union  Agricultural  Society        ...  33 

Vandalia  and  Mississippi  Turnpike  Company     -  138 
*           Indiantown.  See  towns;, 

Insurance  Companies  and  Trust  of  Illinois       ...  29 

Kaskaskia,  name  of,  changed       -  29 
Morgan,  Pike  and  Scott                 -            -         24,52 

Peoria  Commercial,  act  amended              -  112 

Rock  Island  Mutual  Fire              -            -  23 

Iroquois  and  Clay  counties,  assessments  in  70 

J. 


Jacksonville.     See  towns. 

Jersey  county,  additional  Notary  Public  in 
"  "         act  to  create,  amended 

"  "         time  of  holding  courts  in 

Jo  Daviess  county  authorized  to  borrow  money 
"        time  of  holding  courts  in    - 


66 
104 

86 

22 
88 


Jonesboro'  College      -             -            -            -            -  -  131 

Journals,  Laws  &c,  binding  of  34 

"           "               publication  and  distribution  of      -  -  65 

Justices  Peace,  Sheriffs,  Coroners  &c>,  act  concerning  -  78 


INDEX.  xxvi, 


PAGE. 


Justices  Peace,  La  Harpe  District,  Hancock  county                 -  41 

Justices  Peace  and  Constables,  act  to  amend  act  concerning  G4 

K. 

Kane  county,  time  of  holding  courts  in  93 

Kankakee  Manufacturing  Company                  -             -             -  135 

Kaskaskia  Insurance  Company,  name  of  changed        -             -  29 

Knox  Manual  Labor  College,  act  amended                   -  23 

L. 

Lacon.     See  towns 

Lake  county,  relief  of  47 

La  Salle  county,  court-house  in  65* 

La  Salle  Charity  Hospital        -  75 

Lawrence  county,  to  build  bridge  across  Embarrass  River       -  28 

Laws  and  Journals,  binding  of  34 

"                 "         publication  and  distribution  of       -            -  65 
Laymoile.     See  towns. 

Lee  county  attached  to  sixth  judicial  circuit    -  44 

time  of  holding  courts  in                 ...  88 
Liabilities  and  debts  incurred  by  internal  improvements,  how  settled       93 

Liens,  Mechanics  and  others,  for  materials  and  labor                -  147 

Lodge  Wildy.  benefit  of  134 

Logan  county,  school  fund  of                 ....  91,97 

Lusk  creek  declared  navigable             -  67 

M. 

Madison  county  Ferry  Company          -  127 

Manual  Labor  College,  Knox              ....  23 
Manufacturing  companies — 

Beet  Sugar,  Silk  and  Vegetable  &c.     -            -  48 

Kankakee                      ....  135 

Kaskaskia  Beet  Sugar               ...  57 

Montibello        -            -            -            -            -  151 

Randolph  Silk                ....  57 

Martin  V.  A.,  benefit  of                        ....  135 

Mathews  and  Aldrich  to  keep  ferry      -            -            .  47 

May,  Wm.  L.,  to  keep  ferry  across  Illinois  River  49 

McHenry  and  Stark  counties,  assessments  of,  legalized             -  77 

McHatton,  John  G.,  relief  of                ....  99 

Menard,  Ferson,  Hunt  &c,  to  build  dam  across  Fox  River     -  76 

Menard  county  school  fund                    ....  91,97 

Mechanics  and  others,  lien  for  value  of  labor  and  materials      -  147 

Mechanics'  Union,  Springfield             ....  74 

Middleton.     See  towns. 


xxvin  INDEX. 

PAGE. 

Middlesex  Steam  Mill  Company          ....  31 

Mill  dams,  Hubbard  A.  P.                     ....  67 

Menard,  Ferson,  Hunt  &c.                 ...  7g 

Pope,  B.  W.,  and  Wm.  Gasoway      ...  45 

Mining  Company,  Calhoun  Coal  and                 ...  49 

Mississippi  and  Illinois  Canal  Company             ...  48 

Vandalia  Turnpike  Company               -             -  138 

Monev,  Jo  Daviess  county  authorized  to  borrow          -             -  22 

Union            "              "                "                 -  75 

Montibcllo  Manufacturing  company                  ...  151 

Morgan  county,  records  of  86 

N. 

Northern  division  American  Bottom,  act  incorporating  repealed  67 

Notaries  Public,  additional       ......  66 

Charleston,  Coles  county         ...  66 

Grafton,  Jersey         "...  66 

Pittsfield,  Pike          "  66 


Partial  appropriations               -  81 

Peoria  Commercial  Insurance  Company,  act  amended               -  112 

Peoria  county,  additional  term  circuit  court  in             -             -  92 
Philipstown.     See  towns. 

Pike  county,  additional  notary  public               ...  QQ 

Pope,  B.  W.,  and  Wm.  Gasoway  to  build  mill-dam                   -  45 

Primary  School,  Hamilton       .....  53 

Probate  justices,  Sheriffs,  Coroners  &c,  act  concerning          -  78 

Property  exempt  from  execution           ....  89 

Publications  of  decisions  of  Supreme  Court     -  77 

a. 

Quincy,  City  of,  Incorporated               -            -             -             -  113 

boundaries  and  general  powers            -             -  113 

Chief  Executive  officers          -             -             -  115 

city  council                  -             -             -             -  113 

elections         .....  115 

legislative  powers  of  the  city  council  -            -  116 

Mayor             -             -             -             -             -  118 

miscelanious  provisions            ...  120 

proceedings  in  Special  cases  -            -            -  120 

Quincy  House  Company,  act  supplemental  to              -            -  132 

R. 

Kail  Road,  Pittsfield  and  Mississippi  Company,  -  -        26,52 

Recorders  and  School  Commissioners  entitled  to  Laws            -  65 


INDEX.  XXIX 


PAGE. 


Records,  Franklin,  Williamson,  Morgan,  and  Cass  counties      -  86 

Relief,  Clerks  Circuit  Courts,  Sangamon,  Clinton,  &c.            -  156 

contractors  on  public  works      ....  98 

Howell,  William           -----  100 

Lake  county     -            -                         -            -             -  47 

McHatton,  John  G.      -  99 
Reports,  Auditor  and  Treasurer,  see  appendix. 

Supreme  court,  publication  of  77 

Revenue,  Clay  county              -            -            -            -            .  m 

Iroquois  and  Clay  counties    -  70 

public,  act  to  amend               ....  3 

Rivers,  Fox  declared  navigable            ....  9§ 

Little  Wabash              -            -             -             .             .  130 

Pickatonica,  bridge  across         ....  26 

Roads,  County  Commissioners  to  alter,  change,  &c.    -             -  51 

Danville  to  Decatur,  part  of  re-located              -  85 
Fayette  county            -            -            -             -             .      66,  133 

Greene  county  -  -  -  -  40,  86 

Greenville  to  Shelbyville           ....  133 

Griggsville  to  Quincy               ....  29 

to  Kinderhook    -             ...             .  129 

Knoxville,  via  Charleston  to  Peoria     -  59 
Little  Muddy  river,  via  Benton  Muddy   river  bridge, 

Golconda  to  Galatia             ....  JQ5 

Mt.  Sterling  to  Mt.  Carmel      ....  (54 

Naperville  to  Indiancreek         ....  76 

Nashville  to  Galatia     -             -             -             -             .  106 

to  Middleton's  old  ferry         -            -            -  HO 

Peoria  to  Burlington                 -             -             -             -  46 

to  Springfield                 -             -            -            -  51 

Petersburg  to  Waverly             ....  (54 

Pike  county     ------  129 

State,  time  for  location  of,  extended     ...  g8 

Therein  mentioned       -            -            -            -  22 

named             -  105 

Warsaw  to  Peoria        -            -             -             .             .  100 

to  Quincy       .....  jqO 

Washington  to  Pekin  -            -             -             -            .  112 

County     -             -            -            -            -  HO 

Rock  Island  county,  time  of  holding  courts  in               -  88 

Mutual  Fire  Insurance  Company               -  23 

University             -            -            -            -            -  17 

Rose  and  Swann,  bridge  at  Galena       ....  56 

S. 

Sangamon  Coal  Bank  Bridge  Company            -  102 

county,  school  fund  of  -  -  -        91,  97 

Schools,  common        -  -  -  -  -  -        90,  96 

commissioners  entitled  to  laws            ...  65 


xxx  INDEX. 


PAGE. 


Schools,  commissioners  to  distribute  funds  at  county  seat           -  87 
may  be   appointed  by   courts  of  new- 
counties       -  91 
of  Sangamon  to  pay  over  funds             -        91,  97 
of  Schuyler,  duty  of     -  92 
of  Brown,  duty  of  92 
School,  fund,  to  be  distributed  at  county  seat  87 
Hamilton  Primary     -  53 
lands,  re-valuation  in  certain  cases      -  85 
Trustees  of,  8  N.  5  E.  to  refund  certain  monies           -  131 
of  Putnam  county     -  92 
Scott  county,  time  of  holding  courts  in  86 
Secretary  of  State,  duty  of,  to  Franklin  and  Williamson  counties  87 
duty  under  revenue  law     -  5 
Seminary,  Charleston               -             -             -            -             -  131 

Settlement  of  debts  and  liabilities  by  internal  improvements     -  93 
Shepherdstown.     See  Towns. 

Sheriff's,  Coroner's,  Constable's,  Probate  Justices,  &c.             -  78 

Shiloh  college              -..,-.  37 

Stephenson  county,  time  of  holding  courts  in  88 
Smith  Edward,  deceased,  accounts  of,  to  be  settled  by  board  of 

Public  Works         -            -            -            -            -            -  112 

Springfield,  City  of,  Incorporated        -  6 

boundaries  and  general  powers      -  6 

city  council           -  7 

elections               ....  8 

executive  officers              ...  8 

legislative  powers              -             -            -  9 

Marshall               ....  14 

Mayor      -----  11 

miscelaneous  provisions                 -            -  13 

proceedings  in  special  cases          -            -  12 

Springfield  Mechanics  Union               -  74 

Stark  county,  benefit  of  65 

and  McHenry,  assessment  in  legalized    -  77 

State  Bank  of  Illinois                ....            -  J5 

State  roads  time  extended  to  locate     -  68 

Steam  Mills,  Clinton  company             -             -             -  41 

1     Fayette  company              -             -             -             -  19 

Middlesex  company         -             -             -            -  31 

St.  Clair  company            ...            -  100 

Summer  term  of  Supreme  Court          -  87 

Supreme  Court,  decisions  of  to  be  published     -                     L    -  77 

Summer  term  of  87 

T. 

Taxes,  assessment  of,  De  Kalb  county              -            -            -  45 

Dupage  county                             g  47 

McHenry  and  Stark  counties  77 


INDEX.  xxxi 


PAGE. 


Tazewell  county,  part  of  attached  to  Logan                -            -  29 

Tiskilwa,  see  towns. 

Towns,  Athens,  plat  of  amended         ....  155 

Barry               ......  44 

Bloomington,  act  supplemental            ...  33 

Bristol,  plat  of  vacated             ....  jqS 

Cahokia,  act  to  amend              ....  99 

Carmi,  incorporated     -             -             -             .             .  70 

Charleston,  additional  Notary  Public  in  66 

Chester,  powers  of  increased                ...  45 

Columbus,  name  of  changed                 ...  37 

Cottage  Grove,  plat  of  vacated            ...  45 

Fairmont,  plat  of  vacated        ....  108 

Georgetown                 .....  32 

Grafton,  additional  Notary  Public  in  -             -            -  QQ 

Greenfield,  name  of  changed                -  107 

Hennepin,  corporate  limits  of               ...  jq§ 

Indian  town,  name  of  changed             ...  108 

Illinois  city      ----__  154 

Jacksonville,  incorporated        -  106 

Lacon,  incorporated    -----  122 

Laymoile        -            -            -             -             -            -  107 

Mackinaw       ---.._  35 

McLeansboro              .....  35 

Middleton        ......  47 

on  canal  lands              .....  30 

Philipstown     ---.-.  65 

Pittsfield,  additional  Notary  Public  in               -            -  66 

Scottville        --.-..  36 

Shcpardstown,  plat  of  vacated            -             -             -  44 

Sparta             ......  37 

Tiskilwa          ------  108 

Uniontown      ------  154 

Victoria,  name  of  changed      -  65 

Washington,  plat  of,  vacated                ...  32 

Windsor,  name  of  changed     -  108 

Winnebago,  alleys  in  vacated               -             -             .  134 

Worcestor,  name  of  changed             -             -             .  44 
Treasurer  and  Auditors  report.   See  appendix. 

with  Governor,   to  settle  accounts  of 

agents  to  negociate  canal  loans        -  80 

Trustees  of  Schools,  8  N.  5  E.  to  refund  certain  monies             -  131 

Turnpike,  Vandalia  and  Mississippi  company  incorporated      -  138 

u. 

Union  Agricultural  Society,  act  to  amend        ...  33 

Union  county  authorized  to  borrow  money      ...  75 

Union,  Springfield  Mechanics               ....  74 


xxxii  INDEX. 

PAGE. 

Uniontown.     See  Towns. 

University,  Rock  Island  -  17 

V. 

Venue,  change  of,  act  amended  -  36 

Victoria.    See  Towns. 

w. 

Washington.     See  Towns. 

Whiteside  county,  time  of  holding  courts  in     ...  88 

Wildy  Lodge,  benefit  of  134 

Williamson  county,  act  in  relation  to   -             -             -            -  87 

act^to  establish  amended    -  88 

records  of              -             -             -  86 

Winchester,  Lynville  and  Jacksonville  Rail  Road  company     -  24 

Windsor.     See  Towns. 

Winnebago  county,  time  of  holding  courts  in              -             -  88 

Winnebago.     See  Towns. 

Witnesses,  compensation  of  certain     -             -            -  46 

Witters,  Samuel,  bridge  across  Little  Wabash  river  78 

Wolves,  killing  of  encouraged,  act  amended     -  155 

Worcester.    See  Towns. 

Works,  Board  of  Public,  act  abolishing            -                          -  98 

act  creating  new        ...  93 
authorized  to  settle  accounts  of  Edw'd 

Smith  deceased      -            -             -  112 

prohibited  from  letting  new  contracts  85 


II  200<1  OQi.OO-m