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Full text of "Laws of the state of Illinois, passed by the twelfth general assembly : at their session, began and held at Springfield, on the seventh of December, one thousand eight hundred and forty"

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ASSOCTATION 
Illinois 

(L, 's. Legis. 
Career) 

(see L.Lore 
1^83 #7) 



LINCOLN NATIONAL 
LIFE FOUNDATION 



/4/C.^'t^C. 



ILLINOIS SESSION LAWS 
1841 

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



Digitized by the Internet Arclnive 

in 2010 with funding from 

The Institute of Museum and Library Services through an Indiana State Library LSTA Grant 



http://www.archive.org/details/lawsofstateofill1841illi 



LAWS 



OF THE 



STATE OF ILLINOIS, 



PASSED BT 



THE TWELFTH GENERAL ASSEMBLY, 



AT 



Tbeir Session, began and held at Springfield, on the seventh of December, one thousandi 

eight hundred and forty. 



PUBLISHED IN PURSUANCE" OF LAW. 



SPRINGFIELD: 
WM. WALTERS, PUBLIC PKINTEB« 

1841. 



i 



i 



"f.1 



c^^d^Dl 



/ 



LAWS OF ILLINOIS. 



An ACT to charter a Female Academy in Marion Count}-. In force Jan. 

26, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That J. W. Roach, Persons cre- 
W. W. Pace, J. Chance, J. Marshall, W. D. Hanie, J. M. «'edbodypol- 
Tully, G. W. Pace, M. W. Hall, H. H. Eagan, G. E. Lester,'"'^- 
T. Elston, and W. S. Boyakin, 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 Salem Name and 
Female Academy," and by that style and name to remain ^ ' 
and have perpetual succession. The said academy shall be Location of 
and rempin at or near the town of Salem, in the county of "f^'^^™^' 

Marion. The number of trustees shall not exceed thirteen, '^"™''^'" "^ 

trustees 

exclusive of the president and superintendent. For the pre- 
sent the above named individuals shall constitute the board 
of trustees who shall fill vacancies at their pleasure. 

Sec. 2. The object of said corporation shall be the pro-^,. 
motion of the general interest of female education, and tOporation, 
qualify young ladies to engage in the several employments 
and useful avocations of society. 

Sec. 3. The corporate powers hereby vested shall be Corporate 
such only, as are essential or jseful to the attainment of said powers, 
object, and such as are usually confeired on similar bodies 
corporate, viz: to have perpetual succession to make con- 
tracts, to sue and be sued, to plead and be impleaded, to 
grant and receive by its corporate name, and to do all other Further pow- 
acts that natural persons may to accept, acquire, purchase,^"- 
or sell property, real, personal, and mixed; in all lawful ways, 
to use, employ, manage, and dispose of all such property, and 
all money belonging to said corporation, in such manner as 
shall seem to the trustees best adapted to promote the objects 
aforementioned; to have a common ser.l, and to alter or 
change the same; to make such by-laws for its regulation as 
are not inconsistent with the Constitution and laws of the 
United States, and of this State, and for no other purpose 
whatever. 

Sf^g, 4. The trustees of the corporation shall have au- 
thority from time to time to prescribe and regulale the 



4 ACADEMIES. 

Course of cojjrse of studies to be pursued in said academy, and in the 
preparatory departments tnereor, to rix the rate oi tuition and 
Expenses. room rent, and other academical expenses; to appoint in- 
Officers and gtructors, and such other officers and agents, as may be need- 
" ed in managing the concerns of said institution; to define 

their powers, duties and employments, to fix their compen- 
sation, to displace and remove either of the instructors, offi- 
cers and acrents as said trustees shall deem the interest of 
Z''"^'''"?."^" said institution requires; to fill all vacancies among said in- 
strtictors, officers or agents, to erect necessary buildings, to 
purch.ise books, chemical and philosophical apparatus, and 
other suitable means of instruction, to make rules for the 
general management of the affairs of said academy, and for 
the regulation of the conduct of the students, and to pdd a? 
the ability of said corporation shall increase and the interest 
de anmrm °^ ^^^ community shall require, additional departments for 
the study of any or all the solid, useful and profitable bran- 
ches of classical, mathejnatical and philosophical literature. 
When office gj,^.^ ^ ]f .^^y trustee shall be chosen president of the 
shall be va- academy, his former place ps trustee shall be considered va- 
cant, cant, and his place filled by the remaining trustees. The 
trustees, for the time being, shall have power to remove any 
trustee from his ofiicc of trustee, for any dishonorable or 
Proviso. criminal conduct: ProDided, that no such removal shall take 
place without giving such trustee notice of the charges ex- 
hibited against him, and an opportunity to defend himself be- 
fore the board of trustees, nor unless that two-thirds of the 
whole number of the trustees for the time being, concur in 
his removal. The trustees, for the time being, in order to 
Further have perpetual being and succession, shall have power, as 
powere. often as a trustee shall be removed from office, die, resign, or 
move out of the State, to appoint a resident of this State to 
fill the vacancy in the board of trustees occasioned by such 
removal from office, death, resignation, or removal out of the 
Quorum. State. A majority of the trustees, for the time being, shall 

be a quorum to do business. 
Funds to be Sec. 6. The trustees shall faithfully apply all funds by 
apphed ^uth- them collected or hereafter collected, according to their best 
judgment, in erecting suitable buildings, in supporting the ne- 
cessary instructors, officers and agents, in procuring books, 
maps, charts, globes, philosophical, chemical and other appa- 
ll . . ratus necessary to aid in the promotion of sound learning; 
Provided, that in case any donation, device or bequest shall 
be made for particular purposes, accordant with the design 
of this institution, and the trustees shall accept tlie same, ev- 
ery donation, device, or bequest shall be applied in conform- 
Fariher pro- Jty with the express condition of the donor, or devisor: Pro- 
^"**' vided, also, that lands donated or devised as aforesaid, shall 
be sold or disposed of as required by the ninth section of this 
act. 



jlcADEMIES. ^ 

Sec. 7. The trustees of said institution always, and all 
other agents when required by the trustees, before entering Queers -o 
upon the duties of their appointments, shall give bonds for the give boud. 
security of the corporation in such penal sums, and with 
such securities as the board of trustees shall approve, and all process a- 
procoss against said corporation, shall be by summons, and gainst corpo- 
service of the same shall be by leaving an attested copy with nation ami 
the trustees of the corporation, at least thirty days before 
the return day thereof. 

Sec. 8. The said institution and its preparatory depart- institution 
ments shall be opened to all denominations of christians, and open to all. 
the profession of any particular religious faith shall not be 
required of those who become students; all persons, howev- my|j"a7s!" 
er, may be suspended or expelled from said institution whose 
habits are idle or vicious, or whose moral character is bad. 

,M ^m. II . II I-- j! Lands to be 

Sec. 9. 1 he lands, tenements and nereditaments to be j^^jj 
held in perpetuity by virtue of this act, by said corporation, 
shall not exceed six hundred and forty acres: Provided, that Proviso. 
if any donation, grant, or devise in lands shall from time to 
time be made to said institution 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 
for the period of three years from the date of every such do- 
nation, grant or devise, at the end of which time, if the said 
lands over and above the said six hundred and forty acres, 
shall not have been sold by said corpoiation, then and in that 
case, the said lands so donated, granted or devised, shall re- ghaih-ever" 
vert to the donor, grantor, or the heirs of the devisor of the 
same. 

Approved January 26, 1841. 



An ACT to incorporate the Pisgah Academy. In force. Jnn 

^ -^ 29, 1841. 

Sec. 1. Beit enacted by the People of the State of Illinois, 

represented in the Geneial AssemUy, That Benjamin Rice, 

Isaac Black, Benjamin H. Young, and James S. Alexander, 

and their successors in office be, and they are hereby created ^•'^^y P'>i»"° 

1 . 1- • 1 . 1111 I .1 created. 

a body politic and corporate, to be styled ana known by the 

name of the ''President and trustees of the Pisgah Academy," 

and by that style and name to remain and have perpetual 

succession. The said academy shall be and remain on the Location ot 

north-west corner of the south half of the west half of the 

south-west quarter of section number twelve, in township 

number ten south, range eight east in the county of Gallatin, 

and State of Illinois. The number of trustees shall not ex- Number ot 

ceed twelve, one of whom shall be President of the board "'"s^^^^- 

to be chosen by the trustees, Ibr the present Ihe above na-y.^p^^^^lgg 

med individuals shall constitute the board of trustees, who how filled. 

may fill the remaining vacancies at their discretion. 



6 ACADEMIES. 

Sec. 2. The object of said corporation shall be the pro- 
motion of the general interest of education. 
Corporate finc. 3. Thu corporate powers hereby bestowed, shall be 

powers. such only as are essential or useful in the attainment of said 

object and are usually conferred on similar bodies corporate, 
to wii: To have perpetual succession, to make contracts, to 
sue and be sued, plead and be impleaded, to grant and re- 
ceive by its corporate name, and to do all other acts as natu- 
ral persons may, to accept, acquire, purchase, or sell proper- 
ty, real, personal or mixed, in all lawful ways to use, employ, 
manage and dispose of all such property, and all money be- 
longing to said corporation, in such manner as shall seem to 
the trustees best adapted to promote the object before men- 
tioned; to have a common seal, and to alter or change the 
same, to make such by-laws for its regulation as are not in- 
consistent with the Constitution and laws of the United 
States, or of this State, and to confer on such persons as may 
be considered worthy, such academical or honorary degrees 
as are usually conferred by similar institutions. 

Sec 4. The trustees of said corporation shall have au- 

, thority from time to time, to prescribe and regulate the 
Course of stu- r^j-iL j- -j j i.£:*u 

dies. course ot studies to be pursued m said academy, to nx the 

rate of tuition and other academical expenses, to appoint in- 
Instnictors structors and such other officers and agents as may be ne- 
and agents, cessary in managing the concerns of the institution, to define 
tht'ir duties, to fix their compensation, to displace or remove 
them, to erect necjssary buildings, to purchase books, chem- 
ical and philosophical apparatus, and other suitable means of 
instruction, to make rules for the general regulation of the 
conduct of the students. 

Sue. 5. The trustees, for the time being, in order to have 
Further pow- perpetual succession, shall have power to fill any vacancy 
*"■ which may occur in the board from death, removal, resigna- 

tion, oi any other cause; a majority of the trustees, for the 
Quorum. time being, shall be a quorum to do business. 

Skc. 6. It shall be the duty of said trustees (o appoint 
one of their nunaber treasurer to the board, who shall be re- 
quired to give bond with sufficient security in such penal 
sum as the board may prescribe, conditioned for the faithful 
performance of such duties as the by-laws may require of 
him. 

Sec. 7. The said institution shall be open to all denomi- 
nations of christians, and the profession of any particular re- 
ligious faith shall not be requested of those who become stu- 
When per-(]ef^tg_ All persons, however, may be suspended or expelled 
suspended. "'Of" ^aid institution by the trustees thereof, whose habits 
are idle or vicious, or whose moral character is bad. 

Sec 8. The lands, tenements and hereditaments to be 

Lands held, ["'ic^ldj in perpetuity by virtue of this act by said corporation, 

shall not exceed sixhuridred and forty acres: Provided^ how 

ever. That if any donation, grants, or devises in land shall, 



ACADEMIBS. 



from time *o time, be made to said corporation for the period 

cf five years, from the date of any such donation, grant or 

■devise, at the end of which time, if the said land, shall not 

have been sold by the corporation, then and in that case, the 

said lands so donated, granted or devised, shall revert to the Y^^" iand» 

donor, grantor, or to the heirs of the devisor of tlie same. 

Sec. 9. There shall also be attached to the said acade- 
my a department in which shall be taught branches that are 

usuhUv taught in common schools, of tlie district in which ^°™™°° . 
,,•',» , . , .' , ., , c ., school depart- 

said academy may be situated; and the said trustees ot said nient. 

academy, shall receive from the school commission [er] of the 
county, the same amount of money in the same proportion, Portion of 
and apply the same, to such tuition in the same manner as school fund to 
other (;ommon schools are paid and kept: Provided^ '^'^''^^ '-^^ trustees. *° 
teacher or instructors, of said department shall be selected 
by the trustees and under the control of the by-laws of said 
corporation. This act to take ctl'cct from and alter its pas- 
sage. Approved, January 29, 1841. 



An ACT to incorporate the Marion Academy in Williamson County. In force Feb. 

17, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, 'VW.it Joseph G. Rice, 
Joab B. Freeman, Andiibaid T. Benson, John Pascal!, 
John Hunly, Samuel Aikman, Anderson P. Cord er, Elijah Persons crea- 
N. Spiller, John G. Sparks, John N. Calvert, and John B. 1^^ body pol- 
Hick, and their success us be and they are hereby created a 
body polilic, to be styled and known by the name of ''The Name and 
President and Trustees of the Marion Academy," and by style, 
that style and name, to remain and have perpetual succes- 
sion; the said academy shall be and remain at or near Ma- Location of 
rion,in Williamson county, and State of Illinois; the num-^*^^^'^™''- 
ber of trustees shall nbt exceed twelve, one of whom shall ^"'"'^er ot 
be President of the board, to be chosen by the trustees; for p ^-j''. 
the present the above named individuals shall constitute the 
board of trustees, who shall fill the remaining vacancies at 
their discretion. 

- Sec. 2. The object of said corporation shall be the pro-< Object of cor- 
motion of the general interest of education. poration. 

Sec. 3. The corporate powers hereby bestowed, shall be corporate 
such only as are essential, or useful in the attainment of said powers, 
object, and such as are usually conferred on similar bodies 
corporate, to wit: to have perpetual succession, to make 
contracts, to sue and be sued, plead and be impleaded, to 
grant and receive by its corporate name, and to do all other 
things as natural persons may, to accept, acquire, purchase 
.or sell property, real, personal, or mixed, in all law/ul ways; 
to use, employ, manage, and dispose of all such property, 
and all money belonging to said corporation, in such manner 



8 ACADEMIES i 

as shall seem to the trustees, best adapted to promote the ob* 
jects beforementicned; to have a common seal, and to alter 
or change the same; to make such by-laws for its regula- 
tions as are not inconsistent with the Constitution and laws 
of the United States, or of this State, and to confer on such 
jJtreesl^^^^'^P^'^^^"^ ^s may be considered worthy, such academical or 
honorary degrees as are usually conferred by similar insti- 
tutions. 
Further pow- Sec 4. The trustees of said corporation shall have au- 
*"■ thority, from time to time, to prescribe and regulate the 

course of studies to be pursued in said academy, to fix the 
rate of tuition and other academical expenses, to appoint in- 
structors and such other officers and agents as may be neces- 
sary in the managing the concerns of the institution, to de- 
fine their duties, to fix their compensation, to displace or re- 
move them, to erect necessary buildings, to purchase books, 
chemical and philosophical apparatus, and other suitable 
means of instruction, to make rules for the general regula- 
tion of the conduct of the students. 
Vacancies, Sec. 5. The trustees for the time being in order to have 

""^ ^ ■ perpetual succession, shall have power to fill any vacancies 
which may occur in the board, from the death, removal, re- 
signation, or any other cause; and a majority of the trus- 
tees, for the time being, shall be a quorum to do business. 
Sec. 6. It shall be the duty of the said trustees to appoint 
Treasurer to one of their number treasurer to the board, who shall be re- 
fivebond. quired to give bond with sufficient security, in such penal 
sum as the board may prescribe, conditioned for the perfor- 
mance of such duties as the by-laws may require of him. 
Academy to Sec. 7. The said institution shall be open to all denomi- 
beopen to all ^jj^tjo^g of christians, and the profession of any particular re- 
denomina- . /• • ■ • n ■ • i - i i i 

lions. ligious faith shall not be required oi those who become stu- 

dents, nor shall any teacher, trustee, or any other person be 
allowed, or permitted to use any means or influence, in or- 
der to induce any of said students, to subscribe to any par- 
ticular creed or faith, or to attend on or at any particular 
creed or place of worship to the exclusion of any other; all 
may^be^expel- P^*"^*^"^ however may be suspended, or expelled from said in- 
led, stitution by the trustees thereof, whose habits are idle or vi- 
cious, or whose moral character is bad. 
Lands &c to ^^^' ^' ^^^' lands and tenements, and hereditaments to 
be sold. be held in perpetuity by virtue of this act, by said corpora- 
tion, shall not exceed six hundred and forty acres: Provided^ 
however, that if donations, grants or devises in lands, shall 
from time to time be made to said corporation, over and 
above the said six hundred and forty acres, which may be 
held in perpetuity as aforesaid, the same may be received 
and held by said corporation for the period of five years 
from the date of any such donation, grant, or devise, at the 
end of which time, if the said land shall not have been sold 
by said corporation, then, and in that case, such lands so do- 



ACADEMIES. 



nated, granted, or devised, shall revert to the donor, grantor, 
or the heirs of the devisor of the same. 

Sec. 9. There shall also be attached to the said academy, 
a department in which shall be taught branches that are usu- 
ally taught in common schools, which shall constitute the ^'?™"?°". 
comrmon school of the district in which said academy may be partmem. * 
situated; and the trustees of said academy shall receive from 
the school commissioners, the same amount of money, in the School com'r. 
same proportion, and apply the same to such tuition in the to pay over 
same manner as other common shools are paid and kept:^J^j[^°^^'^''°*'^ 
Provided^ that the teachers or instructors of said depart- 
ment, shall be selected by the trustees, and be under the con- 
trol of the by-laws of said corporation. 

Sec 10. This act to take effect and be in force from and 
after its passage. Approved, February 17, 1841. 



AnA(^Tto incorporate the Bond County Academy. In force Feb. 

19, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Thomas Keys, 
William Young, John Smith, William S. Wait, James Clark, 
James Stoiford, Augustus Norton, Lemuel Blanchard, P. J. 
Halcomb, Cornelius Lansing, Robert Keys and George ^^^ ^^^j^^ pojjl 
Donald, and their successors, be and they are hereby con- tic. 
stituted a body politic and corporate, by the name of the 
"Trusiees of the Bond County Academy," and by that Name & style, 
name and title to remain and have perpetual succession. 
The same academy being and to remain in the corporate Location of 
Jimits of Greenville, Bond county, State of Illinois; the nura-^°^^^™^' 
ber of trustees shall not exceed twelve, they shall have pow- Number of 
er to elect the necessary officers out of their own body. The trustees, 
trustees shall be elected yearly by the aubscribers or stock- 4"^°"^^ ^^®*'' 
holders of said acade'my. They shall have power to fill va- "°°* . 
cancies that may occur in the interim, and in case of a failure ^q^ filled.' 
of the subscribers to elect at the proper time, the trustees 
shall be considered as holding thei.' office and continue in ^^"^ o o ce 
office until their successors be elected and qualified. 

Sec. 2. The corporate powers hereby bestowed shall be Powersofcor- 
the following, to- wit: To make contracts, to sue and be sued, P^^"^"*^"' 
plead and be impleaded, and to grant and receive by their 
corporate name, to accept, acquire by purchase, or sell 
property, real, personal or mixed, in all lawful ways, to use, 
employ, manage and dispose of all such property, and all 
money belonging or that may belong to such corporation, in 
such ways as to them shall seem best calculated to promote 
the objects of the institution; to have a common seal and alter 
and change the same at pleasure; to make such by-laws for 
the management cf the academy as shall not conflict with 
the laws and Constitution of this State, or of the United States. 



10 



ACADEMIES. 



Course of stu- 

Officers, how 
appointed . 



When persons 
may be sus- 
pended. 



Lands to be 
held. 

Proviso. 



Further pro- 
viso. 

Institution to 
be open to all. 

Common 
school depart- 
ment. 

Triisteps to 
receive school 
fund. 



Sec. 3. The trustees shall also have authority toproscribo 
and regulate the course of study in said academy, to fix the 
rate of tuition, and other academic expenses; to appoint in- 
structors and other officers and agents necessary to mannge 
the concerns and interests of the institution; and to define tlieir 
duties and fix their compensations, and to remove and dis- 
place them; to erect suitable buildings, to purchase books 
and all necessary apparatus, to make rules for regulating the 
conduct of the pupils, and to suspend and expel such as are 
disorderly. 

vSec. 4. A majority of the trustees shall constitute a quo- 
rum to do business. 

ISec. 5. The lands, tenements and hereditaments to be 
holden in perpetuity by said corporation shall not exceed 
six hundred and forty acres. Provided^ however, That if any 
donations, grants or devises in lands shall from time to time 
be made to said corporation, over and above the six hundred 
and forty acres, that may be held in perpetuity as aforesaid, 
the same may be received and held by said corporation. 
Provided, That they shall sell or dispose of said lands within 
five years from the time of receiving the same. 

Sec. 6. The benefits and privileges of said institution 
shall be open alike to all religious denominations. 

Sec. 7. There shall be attached to said academy a de- 
partment in which shall be taught such branches as are 
usually taught in common schools, and the trustees of said 
academy shall receive from the school commissioners of the 
county such amount and proportion of the common school 
fund as is rec3ived by oiher common schools. Provided, 
The said trustees comply with the laws regulating common 
schools. Approved, February 19, 1841. 



In force Feb. An ACT to incorporate the Fayson Academy. 

17, 1841. 

Sec. 1. Be it eyiactedby the People of the Stale of ■ Illinois, 
represented in the General Assembly^ That the persons here- 
alter to be elected in pursuance ot the provisions of this act, 
Name&style and their successors, be aiftd they are hereby created a body 
o^^body poli- politic and corporate, to be styled the "The Trustees of the 
P-iyson Academy," and in that name to remain in perpetual 
succession, with power to sue and be sued, to plead and be 
impleaded, to acquiie, hold and convey property, real and 
personal, to have and to use a common seal, to alter the same 
at pleasure, to make and alter from time to time such by-laws 
as ihey may deem necessary for the government and legula- 
tion of said institution, and its officers and servants, and pi op- 
erly: Provided, Such by-laws be not inconsistent wiih the 
Conslilulion and laws of the United States and of this State. 



Powers. 



Proviso. 



/ 



ACADEMIES. It 

Sec. 2. The trustees of said institution shall consist of '^'■"^'r^?!^^^ 
till 1 1 < I 1 11 J i.L r? I • siocklioJders 

nine stockholders, to be elected by ballot, at the nrst election, elected b^-bal- 
three of whom shall be elected for the term ofthree years, olh- lot. 
er three for the term ol two years, and the oUier three for the 
term of one year, and who «hall continue in office until their 
successors arc duly elected; and every year thereatter there 
shall bean election of thrc* trustees, who shall hold their office Termof ofiBce 
for the term of three years, or until others shall be duly elected 
as their successors, which election shall be held on the first Time «& place 
Monday in April, in each and every year, between the hours <?• annual e- 
of cen and four, at some convenient place, to be from time to '^"* 
time ascertained and fixed by lh3 by-laws of the said coi po- 
tation, until the said academy is fitted for holding elections 
therein, after which all elections shall be held at such acade- 
my; and that any person holding more than one right or 
share in such academy shall be cntitld to one vote for eachgJI,^^^ s^lmre/** 
right or share he or she shall hold in the same. 

Sec. 3. The trustees for the time being shall have power Vacancies, 
to fill all vacancies which may occur in the board from death, '^""^ filled, 
removal, resignation or otheiwise, in the intervals of the an- 
nual election. A majority of the trustees for the time being Quorum, 
shall be a quorum to do business. 

Sec. 4. The trustees shall meet annually and oftener if Annual meet- 

they think necessary, in the town of Payson, or at the acad''-^"§' 

my, and shall appoint one of their body a clerk, who shall 

keep a faithful and correct record of all the proceedings of Clerk & trea- 

said trustees, and the said trustees at their annua! meeting s"'"*^''* 

shall elect a treasurer, who may or may not be one of their 

body at their selection, who shall before entering upon the Treasurer to 

duties of his office give a bond with approved security to the g"'^ bond. 

board of trustees of Payson academy, in such penal sum as 

they may require for the due and faithful performance of his 

duty as treasurer; and in case of the death, removal, or refusal 

or neglect to serve as treasurer for the time being, the said 

trustees at any of their meetings may appoint another tc fill „,. „ . „, . 
I •' ■ ■ 02 H 'i • • r I • vvhen treasn- 

the vacancy, to remain in oince till the expiration oi the timerernmy beap- 

during which his predecessor was entitled to serve, and all poimed. 
process against the corporation shall be by summons, and the Process how- 
service of the same shall be by leaving an attested copy there- served, 
of with the treasurer, or at his usual place of abode, at least 
thirty days before the return thereof. 

Sec. 5. Said institution shall be located within half a Location of 
mile of the public square in the town of Payson, county of '^'^■^'^'-■"'J- 
Adams, and State of Illinois; and the said trustees shall be 
competent in law or equity to take to themselves and their 
successors in office, in their said corporate iianic, any Landsmaybe 
estate, real, or personal, or mixed, by the c;ift, grant, bargain '*^ ' 
and sale, conveyance, will, demise or bequest of any person 
or persons whomsoever; and the same estate, whether real or Funds how 
personal, to grant, bargain, sell, convey, demise, let, place "P'''^'*'^- 
out on interest, or otherwise dispose of, for the use of said in- 



12 ACADEMIES. 

stitution, in such manner as shall seem to them most benefi- 
cial to the institution. Said trustees shall faithfully apply al! 
funds collected, or the proceeds, according to their best 
judgment, in erecting and completing a suitable building or 
buildings, supporting the necessary officers, instructors, in- 
structresses and servants; and procuring books, maps, charts, 
globes, philosophical and other apparatus necessary to the 
Proviso. success of said academy. Provided^ nevertheless^ That in 

case any donation, devise or bequest shall be made for par- 
ticular purposes, accordant with the design of this institution, 
and the corporation shall accept the same, every donation, 
devise or bequest shall be applied in conformity with the 
express conditions of the donor or devisor. 

Sec. 6. The trustees shall have powei to appoint a prin- 

Officersof m- cipal for said institution, and to employ all such instructors 
stitution. ' , . 1 1 I "^ 1 

and mstructresses, and also such servants as may be necessa- 
ry, and shall have power to displace any or cither of them, as 
Vacancies of ^]^^y j^iay deem the interest of the institution to require, to 
servants filled fill vacancies which may happen by death, resignation or 
otherwise among said officers and servants. 

Sec. 7. The lands within the bounds of the State, held in 
perpetuity by this corporation, shall not exceed one hundred 
and sixty acres at one time; and if donations in lands shall be 
made at any time to said corporation, the same may be re- 
when'to^be' reived and held in trust by said board of trustees, and shall 
Bold. be sold within ten years from the date of said donation, for 

the benefit of said institution, in failure whereof the lands so 
given shall revert to the donor or grantor of the same or to 
their heirs, and the said board of trustees shall in no case 
Preamble. lease or rent out any lands so held for a longer term than 
nine years from the time of such donation or grant. Where- 
as the original proprietors of the town of Payson, in their pro- 
posals for the sale of town lots, stipulated that twenty per 
cent, of the amount of sales should be appropriated towards 
the establishment of a seminary of learning in said town, 
from which a fund has accrued belonging to the institution 
contemplated in this act of incorporation, which fund at this 
date amounts to about one thousand three hundred dollars, 
now therefore: — 
Persons own- ^^c. 8. Any person owning a town lot in said town of 
ing lown lotsPayson, that was purchased under the above stipulation shall 
in Pyson ^g considered a stockholder, and entitled to one vote for eve- 
stockholders ''y original town lot so held and owned; and any person upon 
in institution, the payment of twenty dollars to the treasurer of said institu- 
tion, shall be considered a stockholder and be entitled to one 
Certificate of ^^^^ ^'^'^ every share of twenty dollars so paid in, and the 
stock. treasurer's receipt shall be the certificate of stock, and further 

to be entitled to such re-imbursementin tuition of the interest 
of the money so paid in, as shall be adopted by said board of 
trustees in their ordinances and by-laws from lime to time; 
and that it shall be lawful for each and every stockholder for 



ACADEMIES. 13", 

the time being of said institution, his executors, administra- 
tors and assigns, to give, sell, devise and dispose of their res- gjjj^j.gg ^^ 
pective shares in said academy, and that their respective as- stock trans- 
signees shall be stockholders of said institution and shall be ferrcd. 
entitled to all the same rights and privileges in said institution 
as the original stockholders are entitled to by this act. Pro- proviso. 
vided, That a. part of a right or share in said academy shall 
not entitle the proprietor or owner thereof to any privileges 
whatever in said institution. 

Sec. 9. And thfe said academy when erected and in oper- 
ation shaU be arranged in male and female departments, and ^^^j^ (depart- 
shall be open to all denominations of christians, and the pro-ments. 
fession of any particular religious faith shall not be required 
of any who may be elected as trustees, or who may be ap- 
pointed as officers and teachers in said academy, or of those 
who may become students therein; all persons, however, may When per- 
be suspended or expelled from said institution by the trustees sons may be 
thereof, whose habits are idle or vicious, or whose moral char- ^^^^ 
acter is bad , or who refuses to comply with the rules and by- 
laws of the institution. 

Sec. 10. If at any time this corporation shall act contrary 
to the provisions and intent of this charter, or shall in 
any manner abuse the powers herein granted, it shall be DntyofAttor- 
the duty of the Attorney General to file an information in the "^J General, 
nature of a quo warranto^ for the purpose of vacating and an- 
nulling this act and the powers herein granted* Provided^ 
however^ In case the charter is in that event annulled and va- u v^'^'^tTd^ 
cated, the trustees of said institution shall have the power of 
selling and disposing of all the property, real and personal, 
for the benefit of the stockholder?, the proceeds of which 
shall by the said trustees be paid over to the owners within 
three years from the time of such sale and disposition: And 
provided^ also^ That in case of neglect or refusal by said Proviso, 
trustees to pay over the nponey as aforesaid within the time 
aforesaid, the stockholders may institute a suit or suits in law 
or equity against such jointly who shall be liable to the 
amount of the real and personal property belonging to said 
institution and costs of suit. 

Sec. 11. That in case it should happen that an election of 
trustees should not be made on any day when pursuant to Election not 
this act it ought to have boen made, the said corporation shall ^^'^ "° ''"^^ 
not for that cause be deemed to be dissolved, but that it shall 
be lawful on any other day, to hold and make an election of 
trustees in such manner as shall have been regulated by the 
by-laws and ordinances of said corporation. 

Approved February 17, 1841. 



14 



ACADEMIES. 



In force Feb • 
27, 1841. 



Name & style 
of body cor- 
porate. 



Trustees to be 
stockholders. 



Term of office 
of trustees. 



Vacancies, 
how filled. 



Location of 
academy. 



May hold 
lands. 



An ACT establishing Juliet Academy. 

Sec. L Be it enacted ly the People of the State of Illinois f 
represented in the General Assembly, That the persons herein- 
atf:!' named shall be commissioners to receive subscriptions 
for shares in an academic association to be styled the Juliet 
academy, to be locat«d at Juliet, in the county of Will. 

Sec. 2. Tlie trustees to be elected as hereinafter provided, 
are hereby constituted a body politic and corporate, with 
power of suing and being sued, pleading and being implead- 
ed, answering and being answered unto, in all courts having 
competent jurisdiction, in the name and style of the "Trustees 
of the Juliet Academy." They shall have power to open 
books; to receive subscriptions and donations to the capital 
stock of said academy; to acquire, hold and convey property; 
to have and use a common seal; to alter the same at plea- 
sure; to make and alter from time to time such by-laws as 
they may deem necessary for the government and regulation 
of said institution, its officers, and servants, and property: 
Provided, Such by-laws be not inconsistent with the Constitu- 
tion and laws of the United States and of this State, or of 
this act. 

Sec 3. The triisteesof said institution [shall consist] of nine 
stockholders, at the first election, threq of whom shall be e- 
lecled by joint ballot for the term of three years; other three 
shall be elected for the term of two years; and the other three 
shall be elected to serve for the term of one year, and who 
shall continue in office until their successors are duly elected; 
and every year thereafter there shall be an election of three 
trustees iield at some convenient place, to be from time to 
time ascertained and fixed by the by-laws of said corporation, 
until the said academy is fitted for holding elections therein, 
after which all elections shall be held at such academy, and 
that any person holding more than one right or share in said 
academy, shall be entitled to one vote lor each right or share 
he or she shall hold in the same. 

Sec 4. The stockholders of said institution shall have 
power to fill such vacancy or vacancies of said trustees 
as may happen by death, resignation or otherwise; and the 
said trustees shall hold the property of said institution solely 
for the purposes of education, and not as stock for the indi- 
vidual benefit of themselves, or any contributor to the endow- 
ment of the same; and no particular religious faith shall be 
required of those who become trustees, teachers, officers, 
scholars or servants of said institution. 

Sec. 5. The said institution shall be located in or within 
one half mile from the Des Plaines river, in Juliet, in the 
county of Will, in said State; and the said trustees shall be 
competent in law or equity to take to themselves and their 
successors in office, in their said corporate name, any estate, 
real, personal or mixed, by the gift, grant, bargain and sale, 



ACADEMIES. 15 

conveyance, will, demise or bequest of any person or persons 

whatsovcr; and the same estate, whether real, personal or 
mixed, to grant, bargain, sell, convey, demise or place out 
on interest, or otherwise dispose of for the use of said insti- 
tution, in such manner as shall seenj to them most beneficial 
to the institution. Said trustees shall faithfully apply all funds * 
collected, or the proceeds according lo their best judgment 
in erecting and completing a suitable building or buildings, Buildings for 
supporting the necessary officers, instructors, instructresses, '^'^^"•5^' 
and servants, and procuring books, maps, charts, globes, and 
apparatus necessary to the successof said academy: Provided '°^^^°' 
nevertheless, That in case any donation, devise or bequest shall 
be made for particular purposes accordant with the design of 
this institution, and the corporation shall accept the same, 
every donation, devise or bequest shall be applied in conform- 
ity with the express conditions of the donor or devisor. 

Sec. 6. The stockholders shall annunlly elect a treasurer 
for said institution, who shall before he enters upon the duties Treasurer to 
of his office, give a bond with approved security to the trus-^^^^^°° 
tees of said academy, in such penal sum as they may require 
for the due and faithful performance of his duty as treasurer; 
and in case of his death, removal, refusal, or neglect to serve, Vacancy in 
it shall be lawful for the trustees of the academy at any ofg^.^^ mar^be 
their meetings to appoint another treasurer in his stead, to filled at any 
remain in office till the expiration of the time during which '"eeiing. 
his predecessor was elected. 

Sec 7. All process against the said corporation shall be process a- 
by summons, and the service of the same shall be by leaving srainso corpo- 
an attested copy thereof with the treasurer, or at his usual '""'^^'l^®'^ 
place of abode, at least thirty days before the return thereof. 

Sec 8. Tiie trustees shall have power to employ and ap- 
point a principal for said institution, and all such instructors, ^'^•^^"^"^^- 
and teachers, and servants as may be necessary, and to dis- f^ilo^" "'^'*' 
place them as the interest of the academy may require the 
same, and lo fill all vacancies which may happen by death or 
otherwise. 

Sec 9. The trustees shall meet annually, and oftener, if f ince of an- 
thcy think necessary, in the town of Juliet; and shall appoint nual meeting, 
one of their board a clerk, who shall faithfully record all the 
proceedings of said trustees. They shall elect all officers and All officers e- 
servants by ballot, and a majority of said trustees shall be suf- J^' '^^^ ^y '^al- 
ficient in all cases to transact the business of said corporation. 

Sec 10. Not over forty acres of land shall be held by said f-ands to be 
academy, for the sole use, occupation of the buildings and ^^^^ 
appendages connected therewith. 

Sec 11. That on the payment of twenty dollars to the Who may be 
treasurer, every free white person shall be considered aetockholdera 
stockholder, and be entitled to one vote, and that it shall be 
lawful for each and every stockholder for the time being of 
said academy, his executors, administrators or assigns, to 
give, sell, devise and dispose of their respective rights or 



16 ACADEMIES. 

shares in said academy, and such donee or purchaser shall be 
entitled to all the rights of the original holder. 

Sec. 12. William A. Boardman, William Adams, Hugh 
Henderson, Abijah Caswin, A. W. Bowen, Joel A. Mattison, 
Thomas Allen, Levi Jenks, Martin H. Demond, Dennis Kel- 
ly, John D. Caton, Joshua Rucker, William Peck, Elisha C. 
Fellows, Richard Doolittle, Addison Collins, John L. Wilson 
Comm'sto re-and Fcnner Aldrich, be, and they are hereby appointed 

ceiye sub- commissioners to solicit and receive subscriptions of stock to 
scnptions to . . . . . /- ji i i ji 

stock said mstitution, and give receipts tor the same; and when the 

sum of fifteen hundred dollars of stock is subscribed, said 
^ . J. commissioners, or any three of them, shall be authorized to 
lection for give public notice for three weeks in some public newspaper, 
trustees of the time of holding an election of trustees of said institu- 

tion, which first election shall be held at the court house in 
Juliet, between the hours of twelve M. and six P. M., on said 
day, and the said commissioners, or any three of them, may 
act as judges of said election. 
Time & place ^^^' ^^' '^^® second election of trustees, and every sub- 
of annual e- sequent one, shall be held on the first Monday of January, an- 
lections nually, at the academy, between the hours of twelve M. and 

six P. M. on said days. 

Amount to be Sec. 14. Each stockholder shall be required, at or before 

paid on sub- the first election for trustees, to pay to said commissioners 

scription g^g dollars on each share by him or her subscribed, and the 

residue in six months thereafter, or the amount paid by him 

shall be forfeited. 

Sec. 15. All elections for trustees shall be by ballot, with 
by ballot ^ ^^^ name of the voter or stockholder written on the ballot, 
and the number of shares of stock he or she holds in said in- 
stitution, and which ballot, after the first election shall be 
given to the treasurer, or clerk of the board of trustees, a ma- 
jority of whom shall act as the board of election. 

Sec. 16. The said academy, when erected and in opera- 
Academy o- iiQj^^ gi)all at all times be open for the use and privilege of 
^ every free white person who may wish to be instructed there, 

if such free white person will comply with the laws and by- 
laws, and pay the sum affixed by said trustees for the instruc- 
tion of students attending there. 

Sec. 17. Every free white person who may at any time 
Who may be- tender the sum of twenty dollars to the treasurer of the 
bolders*'^^'^" academy, it shall be the duty of the treasurer to accept the 

same and give him a certificate as a stockholder. 
This act may ^^^' ^^' ^^ ^^ '"^^Y ^^^^ ^^^® corporation shall violate the 
be made void provisions of this charter, it shall be the duty of the Attorney 
General to file an information in the nature of a quo warranto 
for the purposes of vacating this act: Provided, In that case 
the trustees shall have the right of selling all the property, real 
and personal, belonging to said corporation for the sole bene- 
fit of the stockholders, who shall be entitled to the same, as 
soon as it is collected, and shall then be considered as money 
., paid to the use of the said stockholders. 



ACADEMIES. 17 

Sec. 19. That in case it should happen that an election When elec- 
of trustees should not be made on any day when pursuant ''"^^^j^*^'^ ^' 
to this act it ought to h;ave been made, the said corporation be held at oth- 
shall not for that cause be deemed to be dissolved, but that <^i' '""^s 
it shall be lawful on any other day to hold and make an elec- 
tion of trustees, in such manner as shall have been regulated 
by the by-laws and ordinances of said corporation. 

Approved^ February 27iA,1841. 



An ACT to incorporate the Naperville Academy. , „ 

' ^ •'In force Feb 

07 |H41 

Sec, 1. Beit enacted by the People of the State of Illinois, re- 
presented in the General Assembly, That [the] persons herein- 
after named shall be commissioners to receive subscriptions for 
shares in an academic association to be styled the Naperville 
academy, to be located at Naperville, in the county of Du Page. 

Sec. 2. The trustees to be elected as hereinafter provi- 
ded, are hereby constituted a body polilic and corporate, 
with power of suing and being sued, pleading and being im- 
pleaded, answering and being answered unto, in all courts 
having competent jurisdiction, in the name and style of the Name & style 
"Trustees of the Naperville Academy;^' they shall have pow-"^^°^3^ <'°'"" 
€r to open books, to receive subscriptions and donations to 
the capital stock of said academy, to acquire, hold and con- 
vey property, real and personal, to have and use a common 
seal, to alter the same at pleasure; to make and alter from 
time to time such by-laws a? they may deem necessary for the 
government and regulation of said institution, its officers and 
servants and property, provided such by-laws be not incon- 
sistent with the Constitution and laws of the United States 
and of this State, or of this act. 

Sec. 3. The trustees of said institution shall consist of Trustees to be 
nine stockholders at the first election, three of whom shall be stockholders, 
elected by ballot for the term of three years; other three 
shall be elected for the term of two years; and other three Term of office 
shall be elected to serve for the term of one year, and who of trustees, 
shall continue in office until their successors are duly elected; 
and every year thereafter there shall be an election of three 
trustees Field at some convenieint place to be from time to 
time ascertained and fixed by the by-laws of said corporation, 
until the said academy is fitted for holding elections therein, 
after which all elections shall be held at said academy, and 
that any person holding more than one right or share in said 
academy, shall be entitled to one vote for each right or share 
he or she shall hold in the same. 

Sec. 4. The stockholders of said institution shall have Vacancies, 
power to fill such vacancy or vacancies of said trustees ^'^^ 

as may happen by death, resignation or otherwise; and the 
said trustees shall hold the properly of said institution solely 
2 



1 S ACADEMIES. 

for the purpose of education in said academy, and not as 
stock for the individual benefit of themselves, or nny contri- 
butor to the endowments of the same; and no particular reli- 
gious faith shall be required of those who become trustees, 
teachers, officers, scholars or servants of said institution. 
Location of Sec. 5. The said institution shall be located in or within 
acadenay. j^g^jf g^ ,^jjg ^^ jj^g ^^yvn of Napcrville, in the county of 
Du Page, in said State; and the said trustees shall be com- 
petent in law or equity to take to themselves and their 
lands ° successors in office, in tiieir said corporate name, any estate, 

real, personal or mixed, by the gift, prant, bargain and sale, 
conveyance, will, devise or bequest of any person or persons 
whomsover; and the same estate, whether real, personal or 
mixed, to grant, bargain, sell, convey, demise or place out 
on interest, or otherwise dispose of for the use of said insti- 
tution, in such manner as shall seenj to them most beneficial 
to the institution. Said trustees shall faithfully apply all funds 
Buildings for collected, Or the proceeds according lo their best judgment 
academy. in erecting and completing a suitable building or buildings, 
supporting the necessary officers, instruclorsor instructresses, 
and servants, and procuring books, maps, charts, globes, and 
apparatus necessary to the success of said academy: Provided 
Proviso. nevertheless, That in case any donation, devise or bequest shall 

be made for particular purposes accordant with the design of 
this institution, and the corporation shall accept the same, 
every donation, devise or bequest shall be .'ipplied in conform- 
ity with the express conditions of the donor or devisor. 

Sec. 6. The stockholders shall annually elect a treasurer 

for said institution, who shall before he enters upon the duties 

Treasurer to of his office, give a bond with approved security to the trus- 

givebond. tees of said academy, in such penal sum as they may require 

for the due and faithful performance of his duty as treasurer; 

and in case of his death, removal, refusal, or neglect to serve, 

Vacancy in it shall be lawful for the trustees of the academy at any of 

office ot irea- their meetings to appoint another treasurer in his stead, to 

filled at 'any ^^'^'^^" in office till the expiration of the time during which 

meeting. his predecessor was elected. 

Sec. 7. All process against the said corporation shall be 
Process a- by summons, and the service of the same shall be by leaving 
gainst corpo-jjjj attested copy thereof with the treasurer, or at his usual 
ration now , r i i ^ i .i • i i /- i j i i- 

served. place oi abode, at least thirty days beiore the return thereoi. 

Sec 8. Tiie trustees shall have power to employ and ap- 
Officers and a- point a principal for said institution, and all such instructors, 
union" ^"^'^'<*nd teachers, and servants as may be necessary, and to dis- 
place them as the interest of the academy may require the 
same, and to fill all vacancies which may happen by death or 
otherwise. 

Sec 9. The trustees shall meet annually, and oftener, if they 

nual meeting! think necessary, in the town of Naperville, and shall appoint 

one of their board a clerk, who shall faithfully record all the 

proceedings of said trustees. They shall elect all officers and 



ACADEMIES. 19 

servants by ballot, and a majority of said trustees shall be suf- All officers e- 
ficient in all cases to transact the business of said corporation, j^^'^^^ ^^ ^^^' 

Sec. 10. Not over forty acres of land shall beheld by said 
academy, for the sole use and occupation of the bui 1dm gs Lands to be 
and appendages connected therewith. ^^^^ 

Sec. 11. That on the payment of twenty dollars to the 
treasurer, every free white person shall be considered a Who may be 
stockholder, and be entitled to one vote, and that it shall be stockholders 
lawful for each and every stockholder for the time being of 
said academy, his executors, administrators or assigns, to 
give, sell, devise and dispose of their respective rights or 
shares in said academy, and such donee or purchaser shall be 
entitled to all the rights of the original holder. 

Sec. 12. Joseph Naper, Stephen I. Scott, Lewis Ells- 
worth, C. B. Hosmer, Erastus W. Wight, Nathan Allen, jr. 

Samuel Anderson, and James Warren be. and they are here- 

, • . J • ■ i. 1- -i J • u • Comm'store- 

by appointed commissioners to solicit and receive subscrip- j,^-^^ ^^^j, 

tions of stock to said institution, and give receipts for the scriptions to 

same; and when the sum of fifteen hundred dollars of stock stock 

is subscribed, said commissioners, or any three of them, shall 

be authorized to give public [notice in some] newspaper, of the Notice of e- 

time and place of holding an election of trustees of said institu- lection for 

tion, which first election shall be held at some convenient ''^"^'^^^ 

place in Naperville, between the hours of twelve M. and six 

P. M., on said day, and the said commissioners, or any of 

them, may act as judges of said election. 

Sec. 13. The second* election of trustees, and any sub- 
sequent one, shall be held on the first Monday of January, an- of"nnual e" 
nually, at the academy, between the hours of twelve M. and lections 
six P. M. on said days. 

Sec. 14. Each stockholder shall be required, at or before ^uj(,„nt ,o ^^ 
the first election for trustees, to pay to said commissioners paid on sub- 
five dollars on each share by him or her subscribed, and thescription 
residue in six months thereafter, or the amount paid by him 
shall be forfeited. 

Sec. 15. All elections for trustees shall be by ballot, wdth 
the name o{ the voter or stockholder written on the ballot, ^J^^'^j'^ons 
and the number of shares of stock he or she holds in said in- •' 
stitution, and which ballot, after the first election shall be 
given to the treasurer, or clerk of the board of trustees, a ma- 
jority oi whom shall act as the board of election. 

Sec 16. The said academy, when erected and in opera- '^'^^'^^™^ **" 
tion, shall at all times be open for the use and privileges of 
every free white person who may wish to be instructed there, 
if such free white person will comply with the laws and by- 
laws, and pay the sum affixed by the said trustees for the in- 
struction of students attending there. 

Sec 17. Every free white person who may at any time Who may be- 
tender the sum of twenty dollars to the treasurer of tbe ^"j^U^^.g^^^'^" 
academy, it shall be the duty of the treasurer to accept the 
same and give him a certificate as a stockholder. 



30 ACADEMIES. 

This act mny Sec. 18. If at any time the corporation shall violate the 
be made void provisions of this charter, it shall be the duty of the Attorney 
General to file an information in the nature of a quo warranto 
for the purpose of vacating this [act:] Provided, In that case 
the trustees shall have the right of sellingall the property, real 
and personal, belonging to said corporation for the sole bene- 
fit of the stockholders, u'ho shall be entitled to the same, as 
soon as it is collected, and shall then be considered as money 
paid to the use of the said stockholders. 
Whei5 elec- ^^^* ^^* That incase it should happen that an election of 
dons are o- trustees should not be made on any day when pursuant to 
mitted, may t^ig .^^,\^ jj ought to have been made, the said corporation shall 
not lor that cause be deemed to be dissolved, but that it shall 
be lawful on any otherday, to hold and make an election of 
trustees in such manner as shall have been regulated by the 
by-laws and ordinances of said corporation. 

Approved February ''Zl ^ 1841. 



beheld atoth- 



An ACT to incorporate the Benton Academy in Franklin County. 
In force Jan. 

7, 1841, Sec. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly^ That Walter S. Akin, 
John Ewing, John P. Maddox, Zachariah Sullens, Thomas 
Thompson, John Edgerly, Benjamin Smith, Daniel D. Thorn- 
Persons crea-as, Abraham Rea, William Browning, Able Ward, Silas M. 
idc.^""^^ ^"^" Williams, John R. Williams, Elijah Taylor, Moses Nea!, John 
Dillon, Robert T. TownesandLemuelR. Harrison, be and they 
Name and ^''^ hereby constituted a body politic and corporate, to be 
style. known by the name and style of the "Trustees of the Benton 

Perpetual Academy," and by that name shall have perpetual succes- 
Buccession. sion, and have a common seal, with power to change [itj at 
pleasure, and as such, shall be authorized to exercise all 
Powers. powers and privileges that are enjoyed by the trustees of any 

academy, college cr university in this State not herein lim- 
ited or otherwise directed. 
First meeting Sec. 2. That the said trustees, or a majority of them, 
of trustees, shall hold their first stated meeting at the town of Benton, in 
the county of Franklin, on the first Monday of Septem ber next, 
or as soon thereafter as may be convenient, and they or a 
majority of them, shall, as soon as (hey think proper, fix upon 
Location of a permanent location for said academy, within one mile of the 
academy. ^.^^^^ town of Benton, and proceed to erect a building or 
buildings thereon as soon as convenient and the intei-est of 
said institution may require. 

Sec. 3. The said trustees or their successors by the name 

Powers of aforesaid shall be capable in law to purchase, receive and 

trustees. j^^j^ ^^ themselves and successors, for the use and benefit of 

said institution, any lands and tenements not exceeding six 

hundred and forty acres at any one time, or rents, goods and 



ACADEMIES. 



21 



chatties, of what kind soever, which shall be given or devised 
[to,] or purchased by them for the use of said academy. 

Sec. 4. The said trustees, by the name aforesaid, may 
sue and be sued, plead and be impleaded, in any court of law 
or equity in this State. 

Sec. 5. In case a sufficient number of members do not Further pow- 
attend to constitute a board at any meeting, those who do at- ®"" 
tend may adjourn to any day thereafter, or to the next stated 
meetinqr, and shall give ten days previous notice thereof. 

Sec. 6. A majority of the members shall be a sufficient Quorum, 
number to constitute a board for the transaction of all busi- 
ness for said academy, except those cases particularly ex- 
cepted. 

Sec. 7. The assent of the majority of the whole number Salaries of of- 

of trustees shall be necessary to perform the following busi- ^^^""^ '^°"' 

ness, to-wit: to fix the salary of the president, to fix upon the 

permanent seat of the academy, to alienate, sell or convey 

any lands, tenements or rents belonging to said academy. 

Sec 8. The trustees shall have power from time to „ , , 

I !• 1 111 1 1 !• Bv-Iaws and 

time to establish such by-laws, rules and ordinances not con- ordinances. 

trary to the Constitution or laws of this State, as they shall 

deem necessary for the government of !?aid institution. 

Sec. 9. The trustees shall elect a president, treasurer President and 
and clerk to their own body, and so many inferior tutors or°' ^'" ° '^^"' 
masters as may be nefessary. 

Sec 10. Upon the death, resignation or legal disability ^^*'^""^^' 

of any of the trustees, president or other officers of the said trusiees by 

institution, the board of trustees shall supply the vacancy by ballot. 

ballot. 

Sec 11. The treasurer of said institution, always, and all °.®^t" i '° 
• 111 1 r • g^*'^ bond. 

Other agents, when required by the trusiees, belore entering 

upon the duties of their appointments, shall give bond for the 

security of the corporation in such penal sum and with such 

securities as the board of trustees shall approve, and all pro- p 

cess against the said corporation shall be by summons, and gdinst' corpo- 

servicc of the same shall be by leaving an attested copy with ration how 

the treasurer of the institution at least twenty days before ^^'■^*^"- 

the return day thereof. 

Sec 12. The said institution and their preparatory de- f"s'^'»'io" *» 

partment, shall be open to all denominations of christians, and ,ienom^na- 

profession of any religious faith shall not be required of those tions. 

who become students. All persons, however, may be sus- When persons 

pended or expelled from said institution whose habits are idle '"•"'.v ''f sus- 
^ . . ^1 , , • 1 I pended. 

or vicious, or whose moral character is bad. 

Sec 13. The president and other officers of said institu- Term of office 

tion shall be subject to the direction of the board of trustees, °^ trustees. 

and shall continue in office during good behaviour. 

Sec 14. The president of the board of trustees shall „ . , 
■ 11-1 • I- 1 • I . . I Special meet- 

nave power to call special meetmgs ot the said trustees, andjngg^ 

it shall be his duty upon the request of three of them to do 



22 ADMINISTRATORS. 

the same; bat upon any called meeting ten days notice shall 
be given by the president previous to the meeting. 

Sec. 15. The trustees of the corporation shall have aatho- 
Conrse of 8tu- I'ity from time to time, to prescribe and regulate the course of 
dies. studies to be pursued in said institution and in the preparatory 

Rate of tui- department attached thereto, to fix the rate of tuition, room 
tion. rent and other college expenses, to appoint instructors and 

such other officers and agents as shall or may be needed in 
managing the concerns of the institution, to define their pow- 
tiorTof officers 6 ""S' duties, and employments; to fix their compensations, to 
displace or remove either of the instructors, officers and 
Buildings oi agents, to erect the necessary buildings, to purchase books, 
corporation, f-hemical and philosophical apparatus, and other suitable 
System of ma- means for instruction, to put in operation a system of manual 
nual labor, labor fop the purpose of lessening the expense of education 
asd promoting the health of the students, to make rules for 
the general management of the affairs of the institution, and 
the regulation of the conduct of the students, and to add, as 
Add't' 1 '^^ ability of the said corporation shall increase, and the in- 
departments. tercst of the community shall require, additional departments 
Proviso ^^^ ^^^ study of any or all the liberal professions: Provided, 

however, That nothing herein contained shall authorize the 
establishment of a theological department in said insUlution. 
►Sec. 16. If at any time a meniber of the board of trus- 
tees shall absent himself for three stated meetings successive- 
^ul^ee^^tobe^y^ ^^ ^^^ ^^'^^ disorderly conduct, for good cause shown or 
vacated. approved of by the said trustees, in such case his seat shall be 
considered to Le vacant, and the board shall proceed to fill 
Proviso. his seat with a member: Provided, The trustees of said es- 

tablishment shall at all times be accountable for their con- 
duct in the managmcnt of the business aforesaid, in such 
manner as the Legislature shall bylaw direct. 

Approved, January 1, 1841. 



In force, Feb 
17, 1841. 



An ACT authorizing Administrators to settle estates in particular cases. 



Probate court 



Sec. 1. Be it enacted by ih". People of the State of Illinois, 
represented in the General Assembly.) That in all cases which 
of nTw'^coun- hnve heretofore occurred, or which may hereafter occur, 
ty to settle es- when by the division of any county in tliis State, the adminis- 
tates, when trator or administratrix to whom letters of administration may 
been granted have been granted by the probate court of such county, shall 
by old county by such division be placed beyond the limits of the county 
in which such letters may have been granted, then and in 
all such cases the probate court of such county shall be au- 
thorized to proceed and settle the estate upon which letters 
of administration may have been so granted, in the same man- 
ner as if no such division had occurred. 



APPORTIONMENT OF REPRESENTATION. *-3 

Sec. 2. The probate court of any such coanty for ihc^^wers oi 
purpose of setlHiig any such estate, shall have power to issue 
all proper and necessary writs and process to any county in 
this State. ' Approved, Feb. 17, 1841. 



An ACT to enable the Executors of James Hughes, deceased, to sell real 

estate for the payment of debts and redemption of land. "^ force, reb. 

^ ^ ' 19, 1841. 

Whereas, James Hughes, late of Kaskaskia, deceased, left at Preamble, 
the time of his death a considerable quantity of real estate 
unencumbered; and whereas, a short time previous to his 
death a large portion of his land was sold under execution 
for a mere nominal price, the time for the redemption of 
which will very soon expire, and if the executors are com- 
pelled to await the slow process of a court of justice to 
obtain an authority to sell nny part of the residue of said 
lands for the purpose of raising funds, the time for rc- 
den.ption will have expired, and the greatest and best part 
of the estate will be sacrificed. And whereas, Mary Ann 
Hughes, executrix and widow of said deceased, is the only 
heir to said estate, th<'re being no children to be effected 
by this proceeding: therefore, 

Sec. 1. Pe it enacted by the People, of the State of Illiiiois, Execmoe as- 
represented in ihe General Assembly, That Samuel Crawford, ^^j^"'^^'^ ^" 
executor, and Mar)' Ann Hughes, executrix of the last will^j^tg^ 
and testament of James Hughes, late of Kaskaskia, deceased, 
be and they are hereby authorized to sell at public vendue, 
on giving four weeks previous notice of such sale, so much 
of the real estate of which said James Hughes died seized, as 
will be sufficient to discharge the debts and redeem the lands 
of said deceased which have been heretofore sold under ex- 
ecution. This act to take effect from and after its passage. 

Approved, Feb. 19, 1841. 



An ACT to Apportion the Representation of the several Counties in this 

State. I" force, Feb. 

26, 184!. 

Sec. 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly, That until the next cen- 
sus, as provided by the Constitution, shall have been taken 
and an apportionment made thereon, the following shall be 
the ratio of representation for this State, viz, that each twelve Ratio of rep- 
thousand white inhabitants shall be entitled to one Senator; ""esentation. 
and each four thousand white inhabitants shall be entitled to 
one Representative, to be apportioned and divided as follows, 
to-wit: The counties of Cook and Lake, one representative, 
to be chosen from the county of Lake, and the county of Cook & Lake. 
Cook three representatives, and the two counties together, 
one senator, who shall be chosen from the county of Cook; 



24 APPORTIONMENT OF REPRESENTATION. 

Will, DuPage the counties of Will, Du Page and Iroquois one senator, wh» 
an '■"'J""*^- shall be chosen from Will, the same counties one represen- 
tative, to be chosen from Iroquois; the same three counties 
^.j, one representative, to be chosen from Du Page, and the 

Kane ^^,, county of Will two representatative; the counties of Kane, 
Henry, Boone McHenry, Boone and DeKalb one senator and three repre- 
au'l De Kalb. sentatives — one of the four to be chosen from each county; 
La S.ilie. the county of La Salle one senator and three representa- 
Peom, Stark, jjygg. ^[je counties of Peoria, Stark and Bureau one senator 
and Bureau. , ,. x- i.i . c rt • 

Peoria. ^^^ ^^^ representative; the county ot reoria one represeu- 

Tazewell tative, and the counties of Stark and Bureau one representa- 
Marshall and tive; the counties of Tazewell, Marshall and Putnam one 
Putnam. senator; the county of Tazewell two representatives, and the 
Stephenson counties of Marshall and Putnam one representative; the 
and Carroll, counties of Stephcnson and Carroll one representative, the 
Jo Daviess, county of Jo Daviess one representative, and the three to- 
Rock Island gether one senator; the counties of Rock Island and Henry 
White^d7 ^^^ representative, the counties of Whiteside and Lee one 
and Lee. representative, and the four together one senator; the coun- 
Winnebago. ty of Winnebago one representative, the county of Ogle one 
^g'e. representative, and the two together one senator; the coun- 
c uy er. ^ of Schuyler one representative, the county of Brown one 
Brown. -^ , f. . -i ^ ^ .i . .• j 
. , representative, and the two together one representative and 

jr "*, one senator; the county of Adams five representatives and 

McPonouo-h <^ne senator; the county of Hancock two representatives and 
Warren anj ^^f^e senator; the county of McDonough one representative, 

Henderson, the counties of Warren and Henderson two representatives, 

Knox. and the three together one senator; the county of Knox one 
Knox & Mer- representative, the counties of Knox and Mercer one reprc- 

^^- sentative, and the tv/o together one Senator; the county of 

Fultonand Fulton three representatives and one senator, and the coun- 

Peoria. ties of Fulton and Peoria together one representative; the 

feangamon. county of Sangamon four representatives and one senator; 

Lo^an and ^^^ county of Menard one representative*, the counties of 

Mason. Logan and Mason one representative, and the three together 

McLean. qjj^> senator; the county of McLean one representative, the 
McLean and • c\/r t j t- ■ i. i. x- V.l 

Livinp-sion. counties 01 McLean and Livingston one representative, the 

DeWitt. county of De Witt one representative, the counties of Piatt 

Fiatt and Ma- jjj^(j Macon one representative, and the five counties together 
con. ^ ^ 

Morgan. one senator; the county of Morgan four representatives and one 

Pike. senator; the county of Pike three representatives and one 

Cass. senator; the county of Cass one representative, the county 

Scott, of Scott two representives, and the two together one senator; 

Macoupin, the county of Macoupin two representatives, the county of 

Jersey. Jersey one representative, and the two together one senator; 

Greene and ^^^ county of Greene two representatives, the same county 

Calhoun, with Calhoun, one representative and one senator; the coun- 

Madison. ty of Madison three representatives and one senator; the 

Monroe and county of St. Clair three representatives and one senator; 

Randolph. the counties of Monroe and Randolph together three repre- 

Bond. sentatives and one senator; the county of Bond one repre- 



APPORTIONMENT OF REPRESENTATION. 



25 



seutative, the county of Montgomery one representative, the Monigomery. 

county of Christian one representative, and the three too;eth- ^^'"'s'^^"- , 
. .u ,• r T-i ./ J r^iK 1 » Fayette and 

eront; senator; the counties or I'ayette and li.rnnghann two^j^j, jja„,_ 

representatives, the county of Clay one representative, and c]ay. 
the three together one senator; the county of Shelby one re- Shelby, 
presentative and one senator; the county of White one repre- White, 
sentative and one senator; the county of Wabash one repre- Wabash, 
sentative, the county of Wayne one representative, the Wayne, 
county of Edwards one representative, and the three togeth- Edwards. 
er one senator; the county of Lawrence two representatives, c^g^fQj.^^jjj 
the counties of Crawford and Jasper togethertworepresenta- Jasper, 
lives, and the three counties one senator; the county ofciark. 
Clark two representatives, the county of Coles three repre- Coles, 
sentatives, and the two tog(!ther one senator; the county of Edgar. 
Edgar one representative and one senator; the county of Ver- Vermilion, 
milion two representatives, the county of Champaigne one Champaigne. 
representative, and the two together one senator; the coun- Union & Al- 
lies of Union and Alexander two representatives, one ofexander. 

whom shall be chosen from each of the said counties, and the p^^^ . „„. 

. _ 1 TT J- *^op6 & War- 

said counties one senator; the counties of rope and Hardin din. 

together one representative, the county of Johnson one re- Johnson, 
presentative, and to the three together one senator; the county 
of Williamson one representative, the county of Jackson one Williamson, 
representative, the county of Franklin one representative, franklin, 
and the three together one senator; the county of Gallatin Gallatin, 
three representatives and one senator; the county of Hamil- Hamilton, 
ton one representative, the county of Jefferson one represen- Jefferson, 
tative, the county of Marion one representative, the three Marion, 
counties together one representative and one senator; the 
county of Pery cne representative, the counties of Clinton ciinlon and 
and Washington each one representative, and the three Washington, 
counties together one senator. 

Sec. 2. Whenever, in the preceding section, two or Election dis- 
morc counties are joined together for the purpose o( electing tricts. 
representatives or senator, they shall form, and are hereby 
constituted districts for that purpose. 

Sec 3. At all future elections for senator or representa- F'aceofmeet- 
tive, tlie clerks of the county commissioners' courts of the 'J.g j-eturns 
counties of Cook and Lake, shall meet at Chicago, in the of elections 
county of Cook, to compare the returns of election for sena- Chicago 
tor and representatives in said district; the clerks of the coun- 
ty commissioners' courts of the district composed of the coun- j^jj^^ 
ties of Iroquois, Du Page and Will, shall meet at Juliet, in 
Will county, to compare the returns of election for sen- 
ator and representatives in the said district; the clerks of the 
county commissioners' courts of the several counties compo- 
sing the district of Kane, McHenry, Boone and DeKalb, 
shall meet at the county seat of Kane county to compare the Kane. 
returns of election of senator and representatives in the 
said district; the clerks of the county commissioners' courts 
of the counties which compose the district of Peoria, Stark 



26 



APPORTIONMENT OF REPRESENTATION. 



Peoria. 

Bureau. 

Marshall. 
Marshall. 

Carroll. 
Carroll. 

Whiteside. 
Lee 

Rock Island 
Winnebago. 

Schuyler. 

Warren. 
Warren. 

Knox. 

Peoria. 

Menard. 



and Bureau, shall meet at the county seat of Peoria county 
to compare the returns of election for Senator and represen- 
tatives in the said district; the clerks of the said courts for the 
counties of Stark and Bureau, shall meet at the county seat of 
Bureau county to compare the returns of election for repre- 
sentative in the said district; the clerks of the said courts of 
the counties of Tazewell, Marshall and Putnam, shall meet at 
the county seat of Marshall county to compare the returns 
of election for senator for the said district; the clerks of the 
said courts for the counties of Marshall and Putnam, shall 
meet at the county seat of Marshall county to compare the 
returns of election for representative for the said district; 
the clerks of the said courts for the counties of Jo Daviess, 
Stephenson and Carroll, shall meet at the county seat of Car- 
roll county to compftre the returns of election for senator for 
thesaiddistrict; the clerks oft le said courts for the counties of 
Stephenson and Carroll, shall meet n.tthe county seat of Car- 
roll county to compare the returns of election for representa- 
tive for the said district; the clerks of the said courts for the 
counties of Rock Island, Henry, Whiteside and Lee, shall 
meet at the county seat of Whiteside county to compare the 
returns of election for senator for the said district; the clerks 
of the said courts for the counties of Whiteside and Lee, 
shall meet at the county seat of Lee county to compare the 
returns of election for representative for the said distri<it; the 
clerks of the said courts for the counties of Rock Island and 
.Henry, shall meet at the county seat of Rock Island county 
to compare the leturns of election for [representative] for the 
said district; the clerks of the said courts for the counties of 
Winnebago and Ogle, shall meet at the county seat of Win- 
nebago county to compare the returns of election for senator 
for the said district; the clerks of the said courts for the coun- 
ties of Brown and Schuyler, shall meet at the county seat of 
Schuyler county to compare the returns of election for sena- 
tor and representative in the said district; the clerks of the 
said courts for the counties of McDonough, Warren and Hen- 
derson, shall meetat the county seat of Warren county to com- 
pare the returns of election for senator; the clerks of the said 
courts for the counties of Warren and Henderson, shall meet at 
the county seat of Warren county to compare the returns of 
election for representatives for the said district; the clerks of 
the said courts for the counties of Knox and Mercer, shall 
meet at the county seat of Knox county to compare the re- 
turns of election for senator and representative to the said 
districts; the clerks of the said courts for the counties of Peo- 
ria and Fulton, shall meet at the county seat of Peoria county 
to compare the returns of election for representative for the 
said district; the clerks of the said coui ts for the counties of Me- 
nard, Logan and Mason, shall meet at the county seat of Me- 
nard county to compare the returns of election for senator for 
the said district; the clerks of the said courts forthe counties of 



APPORTIONMENT OF REPRESENTATION. 27 

Logan and Mason shall meet at the county seat of Logan conn- Logan, 
ty to compare the returns of election for representative for the 
said district; the clerks of the snid courts for the counties of 
McLean, Livingston, Piatt, l)e Witt and Macon, shall meet 
at the county seat of McLean county to compare the ^^'^^^"• 
returns of election for senator for the said district; the clerks 
of the said courts for the counties of McLean and Livings- 
ton, shall meet at the county seat of McLean county to conr:- McLean, 
pare the returns of election for representative for the said 
district; the clerks of the said courts for the counties of 
Piatt and Macon, shall meet at the county seat of Ma- Macon, 
con county to compare the returns of election for repre- 
sentative for the said district; the clerks of the said courts 
for the counties of Scott and Cass, shall meet at the county 
seat of Scott county to compare the returns of election for Scott, 
senator in the said district; the clerks of the said courts for 
the counties of Macoupin and Jersey, shall meet at the county 
seat of Macoupin county to compare the returns of election Macoupin, 
for senator for the said district; the clerks of the said courts 
for the counties of Greene and Calhoun shall meet at the coun- 
ty seat of Greene county to compare the returns of election ^'■ee"^. 
for senator and representative from the said district; the clerks 
of the said courts for the counties of Monroe and Randolph, 
shall meet at the county seat of Randolph county to com- Randolph, 
pare the returns of election for senator and representatives for 
the said district; the clerks of the said courts for the coun- 
ties of Christian, Montgomery and Bond, shall meet at the 
county seat of Bond county to compare the returns of elec-Bond. 
tion for senator for the said district; the clerks of the said 
courts for the counties of Favette, Effingham and Clay, shall 
meet at the county seat of Effingham county to compare the Effingham, 
returns of election for senator for the said district; the clerks 
of the said courts for the counties of Fayette and Effingham, 
shall meet at the county seat of Effingham county to compare Effingham. 
the returns of electi »n for representative for the said district; 
the clerks of the said courts for the counties of Wabash, Ed- 
wards and Wayne, shall meet at the county seat of Edwards Edwards, 
county to compare the returns of election for senator for the 
said district; the clerks of the said courts for the counties of 
Jasper, Crawford and Lawrence, shall meet at the county seat 
of Crawford county to compare the returns of election for Crawford, 
senator for the said district; the clerks of the said courts for 
the counties of Crawford and Jasper, shall meet at the coun- q^j^^j-q^,! 
ty seat of Crawford county to compare the returns of elec- 
tion for representatives for the said district; the clerks of 
the said courts for the counties of Coles and Clark, shall meet 
at the county seat of Coles county to compare the returns of q^j^ 
election for senator for the said district; the clerks of (he said 
courts for the counties of Vermilion and Champaigne, shall 
meet at the county seat of Vermilion county lo compare the ^^'■™* '""• 
returns of election for senator for the said district^ the clerks of 
the said courts for the counties of Union and Alexander, shall 



28 



APPROPRIATIONS. 



Union. 



Pope. 



Williamson. 



Jefferson. 



Washington. 



Washins-ton. 



Time of meet- 
ing of clerks 
to compare 
returns ofe- 
lections. 



meet at the county seat of Union county to compare the re"* 
turns of election for senator and representatives for the said 
district; the clerks of the said courts for tlie counties of Pope, 
Johnsonand Hardin shall meet atthecountyseatof Pope coun- 
ty to compare the returns of election for senator for the said 
district; the clerks of the said courts for the counties of Wil- 
liamson, Jackson and Franklin shall meet at the county seat of 
Williamson county to compare the returns of the election for 
senator of the said district; the clerks of the said courts for the 
counties of Hamilton, Jefferson and Marion, shall meet ai the 
county seat of Jefferson county to compare the returns of elec- 
tion for senator and representative for the said district; the 
clerks of the said courts for the counties of Perry, Washing- 
ton and Clinton, shall meet at the county seat of Washington 
county to compare the returns of election for senator for the 
said district; and the clerks of the said courts for the counties 
of Clinton and Washington, shall meet at the county £eat of 
said Washington county to compare the returns of election 
for representative for the said district. 

Sec. 4. The clerks of the county commissioners' courts 
of the several counties ahove named, shall meet at the sever- 
al places before mentioned, within fifteen da^-s next after 
any election for senator or representatives in any of the said 
districts, for the purpose of comparing ihe votes given at 
such election. 

Approved by the Council of Revision, February 26, 1841. 



In force Jan. 
27, 1841. 



An ACT making appropriations for the years 1841 and 1842. 



$8,000 con- 
tingent fund 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly^ That the sum of eight 
thousand dollars be, and the same is hereby appropriated as 
a contingent fund to meet the contingent expenses for the 
years one thousand eight hundred and forty-one, and one 
thousand eight hundred and forty-two; the said fund shall be 
subject to the order of the Governor, for the purpose of de- 
fraying all such expenses as are unforeseen by the Gen- 
eral Assembly, or otherwise unprovided for by law, and a 
proper statement of which shall be laid before the next Gen- 
eral Assembly of this State, by the Auditor in his biennial 
report. 
Salaries of of- Sec. 2. The following sums are hereby appropriated in 
full for the salaries of the several officers hereinafter men- 
tioned, for the years one thousand eight hundred and forty- 
one, and one thousand eight hundred and forty-two: 

1. The Governor, two thousand dollars. 

2. To the Auditor of public Accounts, including clerk 
hire, four thousand eight hundred dollars. 

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



ficera. 



Governor. 
Auditor. 

Treasurer. 



APPROPRIATIONS. 



3$ 



4. To the Secretary of State, including clerk hire, three Sec. of State, 
thousand dollars; and for making index to journals of the 

Senate and House of Representatives and laws, for copying 
laws and making marginal notes and index to laws, the sum of 
six hundred dollars. 

5. To the Judges of the Supreme Court each three thou- -^"^s^^ S"" 

, , ,, ° ^ prenie court, 

sand dollars. 

6. To the Attorney General, one thousand four hundred Attorney Gen. 
dollars, and States' Attorneys each seven hundred dollars. 

7. To the Inspectors of the Penitentiary, three dollars per ins. Peniten- 
day: Provided, That no one of the inspectors shall receive liai^y- 
more than one hundred and fifty dollars per annum. 

8. To the Secretary of the Council of Revision, four dol- Sec. Council 
lars per day. Revision. 

Sec. 3. 1. There shall be allowed to the Speaker of theSpeakers. 
House of Representatives, and the Speaker of the Senate, 
each the sum of seven dollars per day, and four dollars for Mileage. 
every twenty miles necessary travel in coming to and return- 
ing from the seat of government. 

2. To each member of the Senate, and House of Repre- Members per 
sentatives, the sum of four dollars per day for each day's ''^^™- 
attendance at the present, and the last preceding special ses- 
sion of the General Assupmbly, and four dollars for every 
twenty miles travel necessary in coming to and returning from 
the seat of government. To the Secretary and assistant ^^^""^'^"^^ *^ 
Secretary of the Senate, and to the Clerk and assistant 
Clerk of the House of Representatives, the sum of six dol- 
lars per day. To the Sergeant-at-arms of the Senate and ^^''S^^^''^'' 
his assistant, and to the Door keeper of the House of Repre- ^loof.'jjeeper, 
sentatives and his assistant, each the sum of four dollars per 
day. To ihe Enrolling and Engrossing Clerks of the Sen-Enr. and eng. 
ate and House of Representatives, each the sum jof five dol- 
lars per day, to each one of their assistants, four dollars per 
day for the time actually employed, the number of days to be Copyists of 
certified by their principals respectively. To the copyist ofjournals 
the journals of the Senate, and House of Representatives, 
each the sum of four dollars per day. The appropriations 
herein before made, shall be construed to apply as well to 
the present session of the Legislature as to the last prece- Mileage not 
ding session; but nothing herein contained shall be so con- '^^'"^^'^ 
strued as to authorize any compensation for travelling expen- 
ses in coming to or going from the said special session. To J.J P Langford 
P. Langfoid the sum of fifty dollars ior enclosing a grave of 
the late James Copeland, under the direction of the General 
Assembly; and to John Brodic, the sum of forty-three dol--'"''" ^''°'^'® 
lars fifty-five cents, for tomb stones furnished for the same as j ,y „ 
aforesaid. To James W. Berry, one thousand dollars for full 
length portraits of Washington and La Fayette, for the hall of 
the House of Representatives. To Joel Johnson for room rent ^°^^ Johnson 
for office of the clerk of the Supreme Court from tl.e twenty- 
ninth of July, to the second of October, one thousand eight 



30 APPROPRIATIONS. 

Sarah Raimes hundred and forty, [at] eight dollars per month. To Sarah 
Raimes for room rent /or otKce of the clerk of the Suprenne 
Court, from Ihe second day of October, one thousand eight 
hundred and forty, [at] eight dollars per month, the time to 
J. D. White- be certified by the clerk of said court. To John D. White- 
*^*^® side, twenty-five dollars for postage for Internal Improve- 

Speaker pro ment office. To the Speaker pro tern, of the Senate, seven 
tem. dollars per day for the number of dajs he may have served 

J as such. There shall be allowed to the Fund Commissioner 

"all necessary travelling expenses, an account of which shall 
be kept and certified to the Governor, for his supervision and 
approval, to be paid out of the Internal Improvement Fund. 
3. To the doorkeeper of the Council of Revision, three 
©"cotinc^fof do^'^''s ^^^ ^^^y ^ents per day, the number of days employed 
Revision to be certified by the clerk of the Council. 
J. U. Lewis 4. To J. H. Lewis, the sum of sixty-five dollars for appre- 
hending Dennis McNaman, a fugitive from justice. 
B. F. Fridley 5. To Benjamin F. Fridley, late sheriff of Kane county, 
the sum of one hundred ?nd sixty-six dollars, for the appre- 
hension of William J. Suver, a fugitive from justice. 
S. B. Chand- 6 To Sannuel B. Chandler, shei-iff of St. Clair County, the 
^^- sum of one hundred dollars, being the amount of a reward 

by him paid for the apprehension of two fugitives from jus- 
tice, who broke jail in said county in January last. 

7. To William Walters, the sum of three hundred and 
Win. Walters ggygjjj^.l^yg jQUgj.g^ ^-^j. Q^^^ hundred and fifty copies of the 

decisions of the Supreme Court, furnished by the order of 
the Secretary of State, for the use of the State. 

Methodist 8. The sum of one hundred dollars to the Methodist 

church in Springfield, for the rent of the church for the time 
the Legislature occupied the same, in the year one thousand 
eight hundred and forty. 

9. To the clerk of the Board of Auditors to investigate 

of Auditors the claims under the State House commissioners, while in 
session, three dollars per day, the number of days to be certi- 
fied by said board. 

Clerk invesii- 10. To the clerk of the Investigating Committee of the 

gating comm. Board of Public Works, three dollars per day, tire number of 
days to be certified by the chairman of said committee. 

Governor. IL That the Governor be allowed five hundred dollars for 

each of the years one thousand eight hundred and forty-one, 
and one thousand eight hundred and forty-two, to cover tra- 
velling and other incidental expenses. 

W W Watson 12. To William W. Watson, the sum of eighty-one dol- 
lars for the use of a room for the Supreme Court twenty- 
seven days at their June term, one thousand eight hundred 
and forty. 

WitneBBcs 13. To three witnesses examined before the select com- 

mittee, raised by the House to examine and report on the 
accounts of the former Board of Public works, one dollar per 



APPROPRIATIONS. 3X 

day for each day's attendance, the number of days to be 
certified by the chairman of said select committee. 

Siic. 4. The salary of the Governor of this State, af^elllV^ ^°' 
ter the term of service of the present Governor shall ex-Q . 
pire, shall be two thousand dollars per annum, and that the sid J ;u s^at'of 
Governor shall reside at the seat of Government. govemiaent 

Seo. 5. To the treasurer of the county of Peoria, the Treas. Peoria 
sum of three hundred and sixteen dollars and sixty-one cents, '=°'i°'y 
to be by him applied to the payment of such sums as are le- 
gally due to the justices of the peace, constables and Witness- 
es, who were required to attend at the taking of depositions 
in the case of contested election between N. H. Purple and 
W.J. Phelps, in the said county of Peoria, in the month of 
September, one thousand eight hundred and forty. 

Sec. 6. The said justices, or a majority of them, shall 
file with said treasurer, a certificate setting' lorth the amount j^pJ^''"® f°**" 
to which each individual is entitled, for services rendered in ness fees!* ' 
said case; and said treasurer is hereby required to pay out 
said money on application of the individuals certified to be en- 
titled to the same. 

Sec. 7. That hereafter all articles puichascd for the use All articles 
of the members of the General Assembly, and for the l^ereafter pur- 
oliicers of the same, shall be purchased by the Secretary J^f^^*^^^'^,'" 
ol State, and charge the State under his own name for the " ^^' 
same; the statement to be accompanied in all cases by the re- 
ceipt of the person of whom the articles may have been pur- 
chased by said Secretary of State. 

Approved, February 27, 1841. 



An ACT making appropviations for work done upon the State House, and 

for niateriais furnished. I^ ^^^^^ j^^^^ 

29, 1841. 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That any sum not ex- 
ceeding thirty thousand dollars, be, and the same is hereby po,000 ap- 
appropriated, which appropriation shall be applied to the propria ted. 
payment of debts due for work done upon the Slate House, 
and for furniture and materials furnished by different persons 
for the State. 

Sec. 2. No payment shall be made out of the above ap- 
propriation to any person or persons having claims against y^^j-^j- . 
the State for woik done upon the State House and furniture daim!'"^ 
furnisiied, until the validity of the same be ascertained as is 
hereinafter provided for. 

Sec. 3. It shall be the duty of the Auditor, Treasurer, 
Secretary of State, or any two of them, to examine all claims Duty ofboard 
agniiist this State lor work done upon the St.ifc House and of »"^j"jr8. 
furniture furnished, and to give a certificate to all such per- 
sons for the amount due them, and it shall be the duty of the 



^ APPROPRIATIONS. 

Auditor to issue his warrant upon the Treasurer, upon the 
presentation of such certificate, for the amount of the same. 
Sec. 4. That from and after the passage of this act the 
State house present State House Commissioners shall be no longer au- 
comm'rs pro- thorized to make any contract respecting the State House, 
^ibited^ (Tom ^^ ^^^y thing respecting the same, and the pay to which they 
™acts"^& *^pay may be entitled shall no longer accrue or be paid [to] them, un- 
suspended. til the further actio* of the Legislature; and that the Auditor 
of Public accounts be authorized and required to put in imme- 
diate train of collection the sum of sixteen thousand six hun- 
dred and sixty-[six] dollars and sixty-six cents, due by bond 
Auditor to from the citizens of Sprir.gfield to the Slate; and that the Au- 
collect of cit- jj^^Qj. jjg directed to institute immediate proceedings in favor 

jzena amount ~ , ,, . • • .i ax u^ 

due on bond, of the State agamst any commissioner or other othcer, who 

may not have paid over money appearing to be in his hands 
arising from Saline lands, from the year of our Lord one 
thouand eight hundred and twenty-six to the present time, 
and all other debts to the State. 

Approved, January 29, 184L 



In force, Deo . 

18, 1840. An ACT making partial Appropriations. 

. ,. . Sec. L Beit enacted by the People of the State of Illinois, 

t^eZrrlms represented in the General Assembly, That the Auditor of 
to members, Public Accounts be, and he is hereby required to draw 
speakers, warrants on the treasury for the sum of one hjndred dollars 
clerks, &c. ^^ ^_^^j^ member of the General Assembly, and a like warrant 
to the Speakers of each House, the Secretary of the Senate, 
and [the] Clerk of the House of Representatives, and assist- 
ants of each house, to each of the enrolling and engrossing 
clerks, and door keepers, and each assistant door keeper of 
both houses; and also one hundred dollars each to the copy- 
ists of the journals of each house. 

Approved, December 18, 1840. 



In force Feb. An ACT supplemental to an act making appropriations for the years 
27, 1841. 1841 and 1842. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
Allowed oxM ^^^^^^^,^^^^^ -^ ^1^^ General Assembly, That there be allowed 
o reasnry, ^^^^ ^^. ^^^ moneys in the treasury not otherwise appropria- 
ted, to the following persons the following sums, viz: 

To James Bell & Co. eighty dollars and sixty-nine cents, 
James Bell, for articles furnished for the State. 

To J. S. Rogers eight dollars and eighty one cents, for 
J. S. Rogers, j^rticles furnished for the State. 

To Robert Irwin & Co. eighty-nine dollars and fifty-six 
^- ^'■'^^"- cents, for articles furnished the State. 

To B. C. Webster & Co. two hundred and twenty-three 
B. c. Webster^^jj .^g ^^^ twenty eight cents, for articles fumin^'-d th^ ^tate. 



APPROPRIATIONS. 



33 



To. E. B. Pease & Brother, twenty-one dollars for arti-E. B^^Pease. 
cles furnished the State. 

To Opdycke, Tinsley & Co., one hundred and five dollars opdycke& Co 
for candles furnished the State. 

To C. B. DeReimer & Co., one hundred and twenty-seven ^ g p^ ^g^. 
dollars and fifty cents, for two round clocks and articles fur-njgr. '& Co. 
nished the State House. 

To J. A. Hough, twenty-five dollars and seventy-five cents, j ^ Hou-^h 
for repairing tables, &c. for the State. ' ' " 

To Merriweather & Weston, twenty-one dollars and Merriweathei 
eighty-eight ceni,s, for articles furnished the State. "S^ Weston 

To James L. Lamb, four hundred and eighty-three dollars ^ ^ ^^^^ 
and seventy cents, for articles furnished the State. 

To Joseph Thayer & Co., forty-six dollars and ten cents, j. Thayer. & 
for articles for the State. ^°- 

To Hawley & Edwards, one hundred and eight dollars and „ j « gj 
sixty-six cents, for articles furnished the State. wards. 

To S. M. Tinsley & Co., four hundred and fifty-four dollars g ^ Tinslev 
and sixty-one cents, for articles furnished for the State. 

To Birchall & Johnson, three hundred and seventy-one Birchall <^ 
dollars and ninety-two cents, for stationary furnished for the Johnson, 
use of the State. 

To VV. Chapin, ten dollars for collecting, removiag and ta- w, Chapin. 
king care of furniture. 

To Wm. Lavely, for swearing in members of the General ^^ Lavelv 
Assembly, five dollars: Provided, These accounts shall first pj.^y'jgQ 
be passed on by the Auditor, Treasurer and Secretary of 
State. 

There shall be allowed to William Walters, for the use of w. Walters. 
E. T. &C. Goudy, the sum of six hundred dollars in full for for use of E. 
binding laws of eighteen hundred and thirty -six and seven. J: • °"" 

To Elias Hart, twelve dollars and fifty cents for drayage- gj.'^^ ^^^.^ 

To Randolph Hughes and Richard Roberts, each, the sum r, Hughs & 
of twenty-four dollars, for preparing fuel for the use of the R- Roberta. 
General Assembly. 

There shall be allowed co A. E. Ames, the sum of two dol- a. E. Amee. 
lars per day for his services in the ofiice of Secretary of State No. of days 
during the present session of the General Assembly, ^-l^^ secretary. " 
number of days to be certified by the Secretary of State. 

To S. J. lankiewiez, the sum of three hundred and twenty 
dollars for services rendered and to be rendered in the Trea- ^' ^- Jenkins, 
sure r's office in posting the books of the ^ [board of] public 
works. H L Hoffman^ 

To Hiram L. Hoffinan the sum of fifty- seven dollars for Proviso, 
room rent for the Council of Revision: Provided, That the 
State Bank of Illinois is hereby authorized to pay the Au- 
ditor's warrants drawn on theTrea=;urer for debts now due for 
work and materials done on the State House as audited by 
the board of auditors. Approved, February 27, 1841. 

3 



34 ASSESSORS. 

An ACT to authorize the county commissioners of Brown couirty to-ap^ 
point an Assessor. 
In force, Feb. 

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

represented in the General Assembly, That the county com- 
missioners of Brown county shall have power to appoint 
apooimed!' '^ some suitable person, whose duty it shall be to assess all the 
taxable property in said county that was not assessed in the 
year one thousand eight hundred and forty, and make return 
to the clerk of the county commissioners' court of the county 
of Brown, according to the law regulating the duties of as- 
sessors. 
\ Sec. 2. That the collector for the year one thousand 
eight hundred and forty-one shall proceed to collect all the 
jgp^Jj. ^j. ''^ ' taxes accruing from said assessment as tho[ughJ it all had 
Brown county been assessed at the same time and by the same person in the 
year one thousand eight hundred and forty. 

Sec. 3. This act shall be in force from and after its pas- 
sage. Approved^ February 17, 1841. 



An ACT concerning Assessors. 

ffi Torce Feb. 
•36, 1841. Sec. 1. Be it enacted by the People of the State of Illinois^ 

represented in ihe General Assembly, That hereafter the coun- 
One assessor ty commissioners' courts of the several counties in this State, 
for each coun- g^aH appoint but one assessor, any thing in the fifth section 
of "An act concerning the public revenue," approved Febru- 
ary twenty-sixth, one thousand eight hundred and thirty- 
nine, to the contrary notwithstanding; which assessor shall 
Oiftth. take [the] oath or aflirmation prescribed by the said fifth sec- 

lion of the aforesaid act concerning the public revenue, and 
perform all the duties required under the existing laws to be 
performed by assessors. 

Sec. 2. In making out the alphabetical and duplicate 
liow list to be hst of taxable property required to be made by the revenue 
ly.ade. laws in force, tiie assessor shall reserve on the right hand side 

of each page in the book containing such list, columns of 
sufficient width to set down the amount of State tax, the 
amount of county tax, and if a road tax be levied, also a 
column for such tax; the assessor shall add up the several 
columns of figures in the book or list, before delivering the 
same to the clerk of the county commissioners' court. 
Persons may Sec. 3. Any person or persons owning or claiming lands 
Fore iudffment ^.dvertised for sale for non-payment of taxes, may pay the tax- 
es interest and costs due thereon before judgment: Provided, 
that such collector shall be required to make a report to the 
court, before judgment is rendered, of all lands upon which 
the taxes may have been paid, subsequent to making his re- 
turn to the circuit court, according to the fourth section of 
"An act to amend an act concerning the public revenue," ap- 



ATTORNEY GENERAL. 



35 



proved February second, one thousand eight hundred and 
thirty-nine. Sheriifs shall be authorized and required to re- 
ceive taxes, interest and costs on all lands upon which judg- 
ment has been rendered up to the time of sale of such land. 

Sec. 4. Assessors shall hereafter have until the twentieth Time of ma- 
day of August,annually,to make their returns to the clerks of'^^^S rerum. 
the county commissioners' courts of their respective counties. 

Sec 5. In all cases where lands shall have been, or may be 
sold by any sheriff under the provisions of the act recited in 
the first section herein, and such sheriff shall be succeeded in 
office by another person, the successor of such sheriff is here- Successor of 
by authorized to execute deeds to the purchasers thereof in sheriff ehall 
like manner as if the sales of said lands had been conducted ^'^^'^^'^ ^ • 
by him, and such deeds so executed by him, shall follow as 
near as may be after the form prescribed in the forty-second 
section of said act, and shall in all respects possess the same 
validity and efficacy as if made by the sheriff conducting 
the sale of the lands therein described. 

Sec 6. That this act so soon as it becomes a law, shall Act to be pub- 
be published in the paper of the Public Printer at Springfield. '"'^^'^• 

Approved, Februart/ 26, 1841. 



An ACT to authorize the appoiiumenl of Assessors in certain cases. 

In force, Feb. 
Sec. 1. Be it enacted by the People of the State of Illinois, 27, 1841. 
represented in the General Assembly, That the county commis- 
sioners' couitof each new county which may be created at Courts of new 

the present session of the General Assembly, shall at their ^°""J^^.^ '"^y 
J, ^ . . , •" I appoint a»- 

nrst meetmg as a court, appomt one or more assessors, who seseors. 

shall qualify in the same manner and perform the same du- 
ties as is now required by law. 

Sec. 2. In all cases of vacancy in the office of assessor, Vacancies 
or failure on the part of any assessor to perform the duties may be filled, 
required of him by law, the county commissioners shall at 
their next regular or special term thereafter proceed to fill 
any or all such vacancies, and assessors appointed under the 
provisions of this section shall make returns to the com mis- Assessors to 
sioners' court within three months from the date of their ap- ™^^® '■^^"''"- 
pointmer|t. Approved^ February 27, 1841. 



An ACT further defining the duties of the Attorney Geuerai, and for 
other purposes. 

In force, Feb. 
Sec. 1. Be it enacted by the People of the State of Illinois, 26, 1S41. 
represented in the General Assembly, That the circuit court j . j. . 
of Sangamon county shall have original jurisdiction in all of Sangamon 
causes, suits and motions, against every person or persons, circuit court 
body politic or corporate in the State, in which the State ^° ^'^^® ^"^''■ 
shall be the party plaintiff or complainant, whether such 



36 ATTORNEY GENERAL. 

causes, suits and motions grow out of contracts express or 
implied, or out of toi-ts of any nature or description what- 
ever, affecting the interest or welfare of the State. 
Suit8 how in- Sec. 2. Bo it further enacted. That all such suits, mo- 
stiiuted. tions, causes and proceedings shall hereafter be instituted 

and prosecuted in the name of the People of the State of 
Illinois. 

Sec. 3. Be itfur'her enacted, That writs of ne-exeat, capias, 

Writs of ne- j^ttftt-hfY^gnt and injunction may issue in the causes, suits 

sue.^^ ™^^^^'and proceedings aforesaid on behalf of the State as in cases 

provided for by law between individuals, and such writs shall 

A issue in all instances upon the official statement in writing of 

* the Attorney General, which statement shall conform to the 

law applying to the issuing of those writs in other cases, only 

dispensing with the oath or affidavit of the Attorney General. 

State^not re- gjj^. 4. Beit further enacted, That the State shall in no 

boud in smts. ^^^^ ^^ required to give bond and security as is required of 

individuals in suing out such writs as aforesaid. 

Sec. 5. Be it further enacted, That it shall be the duty of 
cers'^tiirou^h-''^^^'^ ^''^"''^^^ ^^^ coroners throughout the State to obey tlie 
out the State, writs aforesaid, and serve the same in their respective coun- 
ties, and whenever any person or persons by virtue of any 
such writs of capias or ne-exeat, shall be required to give bail 
or enter into bond or recognizance, for his, her or their ap- 
pearance at the court aforesaid, as in other cases provided 
for by law, in default of giving bail, or entering into bond or 
recognizance, such person or persons shall be imprisoned in 
the county where he, she or they may be arrested, and there 
detained until he, she or they shall give such bail, or enter into 
such bond or recognizance, or be otherwise discharged by 
law; and in case he, she or they shall not be discharged from 
custody, the sheritF or coroner having him, her or them in 
custody, shall surrender him, her or them before the said 
court at the return day of such writ. 

Sec G. Be it further enacted, That any person or persons, 
Judgments a- body politic or corporate, against whom any such suit, cause, 
^^^^^pjjjj "^ ^ motion or proceeding as aforesaid shall be instituted and 
prosecuted, shall recover payment for his, her or their costs, 
which shall be paid by the State, and for which the clerk of 
said court shall certify the same to the Auditor, and the Au- 
ditor of Public Accounis shall issue his warrant for the same 
on the Treasurer, in the event that such cause, suit, mo- 
tion or proceeding shall be determined or disposed of against 
the State. 

Sec. 7. Be it further enacted, That it shall be the duty of 
State officers the Governor, Secretary of State, Treasurer, Auditor and 
to notify At- Y\ind Commissioner, to give immediate notice to the Attor- 
al *of delin-ney General of any delinquency or default of any person or 
quenta. persons, body politic or corporate, in any matter relating to 

the public revenue and public interests, growing out of con-J 
tracts or torts as aforesaid, and it shall be the duty of thi 



ATTOrvNEY GENERAL. 6t 

Attorney General to proceed forthwith against such person Attorney Ge- 
or persons, body politic or corporate, in the most efficient "^^^ aeainst".' 
manner allowed by law. 

Sec. 8. Beit further enacted, That it shall be the duty of^J^'^Alfome^ 
the Attorney General to enforce the penalties of the ciiminal General, 
code against all persons who have or may embezzle the public 
money, or who may be liable to prosecution for any delin- 
quency or default pertaining to the public revenue in his 
district, and it shall be the further duty of the Attorney 
General to give information, and directions, and instructions 
to the p.'osecuting attorneys of the State, of any such offences 
as above in other parts of the State out of his district, so 
that prosecutions may be instituted against such offenders. 

Sec. 9. Be it further enacted, That in all such suits, cau- Official state- 
ses, motions and proceedings as aforesaid, the official state- ™^"' of btate 
ment of the Governor, Secretary of State, Auditor, Treasu- ed evidence, 
rer, and Fund Commissioner, of any fact or facts, properly 
within the legitimate powers and duties of such officers, res- 
pectively, shall be deemed and taken as evidence for and 
against the State, as the case may be. 

Sec 10. Be it further enacted, That all subpoenas, sum- fj^^^^^^^ ™J^ 
monses, executions and other legal process in said suits, causes, county in the 
motions and proceedings, shall issue and be directed to any State. 
county in the State, and be served as in other cases provi- p^^^ ^^ ^^j^ 
ded for by law; and the fees of the clerks, witnesses, sheriffs, cera. 
coroners and other officers, shall be the same as in other 
cases. 

Sec. 11. Be it further enacted, That the causes, motions, 
suits and proceedings aforesaid, shall be docketed in the Causes how- 
court aforesaid, and tried and disposed of as other cases: Pro- docketed. 
vided, That said court shall not have exclusive jurisdiction of Proviso, 
such causes, motions and suits, but only concurrent jurisdic- 
tion with the other circuit courts of the State, where the de- 
fendant or defendants in said causes, motions and suits may 
happen to reside or be found. 

Sec 12. Be it further enacted, That this act shall not be Interests of 
construed as repealing any other act or law of this State '^'6" ^ga'led^b ' this 
lating to the interests of the State, but the same shall be con- ad. 
sidered a cumulative remedy in the enforcement of public 
justice. 

Sec 13. The sheriff" or coronor of the proper county process of su- 
shall hereafter serve and return all writs and process issuing preme and 
cut of the supreme and circuit courts, unless otherwise provi- ^"^'"^^^'^^"J^'"'' 
ded for by law. Approved, February 26, 1841. 



38 AUDITORS. 

An ACT creating a Board of Auditors to settle the accounts of con iracfors 
In force, Feb. on Pub'.ic Works. 

26, 1841. 

Sec. 1. Be it enacted by the People of the ^tateof Illinois, 
Boa'd of au- represented in the General Assembly, That the Auditor of Pub- 
ditors to settle lie Accounts, Treasurer and Secretary of State, be and they 
claims of con- jj^jg l^gj.g]^y c-gated and constituted a board of auditors to 
audit, settle and adjust the claims and accounts of all such 
contractors who have been engaged upon the public works of 
the State of Illinois, and whose accounts have not been pas- 
sed upon or rejected. 
Board confin- Sec. 2. Said board shall be confined to such claims on- 
ed to claims ly as shall be based upon estimates made upon contracts 
on estimates, entered into in accordance with law, and shall have power 
Board may to order a re-estimate where injustice shall appear to be 
raate*^ '^^"^^'^' done either to the State or individuals, to examine witnesses 
upon oath, having power to administer oaths or affirmations 
to such witnesses, and to do all things necessary to ascertain 
and arrive at the amount justly due and owing from the 
State to such contractor or contractors. 

Sec. 3. When the board shall be advised and settle down 
p."*,^^ ""upon the amount due, in justice and equity, for work done 

rundCCmmiS- r ini ^ r ^ r r 

doner. under contract, they shall draw a draft or drafts for the same 

upoii the Fund Commissioner, bearing interest at the rate 
of six per cent, per annum from the date thereof until paid, 
which drafts may be drawn in any sum not less than fifty 
Proviso. dollars: Provided^ That in case the sum found duo be less 
than fifty dollars, a draft may be drawn for the amount due 
Further pro- to such individual or individuals: Provided, further^ That no 
*^o- account or estimate for work done on any public work after 

the passage of this act, shall be audited or passed upon by 
said board. 
Record of Sec. 4. It shall be the duty of said board to keep a full 
?|:<|ceeding8 record of all their proceedings, and in drawing drafts, the 
same shall be numbered, shew to whom drawn, the particu- 
Voiichers ''^^ work, amount and date; all accounts, receipts, vouchers 
sball be filed, and certificates, examined and adjusted by them, shall be 
carefully filed and preserved, and they shall make such re- 
ports on the business assigned them as will enable the Gov- 
ernor from time to time to report to the Legislature the true 
and accurate amount allowed and awarded, and Ihe pro- 
ceedings of said board specially. 
Umit of scrip ^^^' ^' ^^^'^^ board of auditors shall not be authorizctf io 
issue certificates of indebtedness to an amount above one 
hundred thousand dollars under the provisions of this act. 

n „ , . . Sec. C. It shall be the duty of said board of auditors to 

Boarcl to set- , . ■ i j- ,, , r r . , 

tie with engi-^6tlle With and adjust the claims of any engineer who may 

neers. have rendered service to the State under the internal im- 

, provement laws and who have not received compensation 

Stabiished?^ '*''' ^^^^ services. The said claims to be established in such 

manner as shall be satisfactory to said board, and when any 



BAJXKS. 39 

balance shall be found clue any engineer, the said board shall 
issue their draft for such balance on the Fund Commis- 
sioner as required by the third section of this act. 

Approved^ February 26, 1841. 



An ACT to provide for tho payment o^ certain debts due from the State to 

the Uanks. In force, Feb. 

26, 1841. 

Sec. 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That it shall be the duty g^,^,^ officers 
of the Auditor, Treasurer, and Secretary of State, to make to make set- 
settlement with the Bank of Illinois, in relation to claims and tlenient with 
demands wliich said bank may have against the State, for ^" 
advances heretofore made by the said bank, to the use ot the 
State on account of the State House, Fund Commissioners' 
drafts on account of Internal Improvements, and other lia- 
bilities. 

Sec. 2. After the settlement herein provided for, and af- 
ter the settlement provided for [by] law with the State Bank, Auditor to is- 
it shall be the duty of the Auditor to issue his warrant on suevvarrantto 
the treasurer of this State, for the payment of whatever bal-'^^"'^^- 
ance may be found due to the Bank of Illinois, and the State 
Bank of Illinois, which warrants shall bear interest at the Redemptiou 
rate of six per centum per annum, payable semi-annually,'^' warrants. 
and reimburseable at the pleasure of the Stale after the 
year eighteen hundred and fifty. 

Sec. 3. The warrants hereby authorized to be issued, vvarrants n.n 
may be made in such sums as may be required by the said less than 1 10,- 
banks, or either of them, not less than ten thousand dollars; ^^^• 
said warrants shall be countersigned by the Secretary of 
State and shall have the seal of State affixed thereto, the per- 
formance of which requisite shall be deemed a good and va- 
lid execution of the powers herein granted, and by which the Faith of St;tt«? 
faith of the State of Illinois hereby is declared to be pledg- pledged 
ed for the reimbursement of the principal and interest due 
on said warrants. 

Sec. 4. It may be lawful for the said banks respectively 
upon the sale ofsaid warrants, to guaranty tlie payment of the Interest ac- 
interest upon the same, and keep vn interest account against *'°'^°'" 
the State, for such interest advanced as aforesaid, and the 
faith of the State is hereby pledged irrevocably for the reim- 
bursement of the principal and interest of thelialnlitieshere- 
hy authorized to be created. 

Approved, February 26, 1841, 



40 



BANKS. 



An ACT to amend an act, entitled "An act in relation to the State Bank 
In force Feb. «' lUinois," approved, January thirty-first, one thousand eight hundred 
•27, 1841. 



and fortv. 



Sec. 1. Be it enactedhy the People of the State of Illinois, 
represented in the General Assembly, That so much of an act, 
Br'a'nch^Bank^"^^*^®*^ "^" ^^^ ^" relation to the State Bank of Illinois,"' 
atChicao-ore-^PP''°^c*^' January thirty-first, A. D. one thousand eight 
moved, re- hundred and forty, as requires that the directors of the pa- 
pealed. j,gjj|- gank shall within six months from the passage of said 
act, remove from Chicago the branch located at that place, 
Branch resto- and establish die same at such other place as the bank may 
red. deem proper," be and the same is hereby repealed, and the 
said bank is hereby authorized to relocate said branch at 
Chicago. Approved, February 27, 1841. 



lu force Feb. 
27, 1841. 



•J5th section 
repealed. 

Proviso. 



Interest al- 
lowed. 



."^mall notes. 
Provijo. 



Not dispose ot 
specie. 

Notes in cir- 
culation. 



An ACT concerning the State Bank of Illinois. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the twenty-fifth 
section of an act entitled "An act to incorporate the subscri- 
bers to the Bank of the State of Illinois," approved, February 
twelfth, one thousand eight hundred and thirty-five, be and 
the same is hereby repealed, and any forfeiture which may 
have accrued under the provisions of said section is hereby 
set aside: Provided, That when said bank shall resume specie 
payments for its evidences of indebtedness, if at any time af- 
ter such resumption, the bank shall again suspend such 
payment for a longer period of time than is now allowed by 
its charter, then and in such case the General Assembly shall 
have the power to declare said charter forfeited. 

Sec. 2. The said bank is hereby authorized to receive 
interest at the rate of seven per centum per annum, on all 
loans or discounts made by said bank for any period of time 
not exceeding six months; and for any longer period of time^ 
the said bank is authorized to receive interest upon the same 
at the rate of nine per centum per annum. 

Sec. 3. The said bank is hereby authorized to issue notes 
of the denomination of one, two, and three dollars until the 
first day of January, A. D. one thousand eight hundred and 
forty-three, but not after that period: Provided, hoivever, That 
the bank, in order to avail herself of the benefits of the fore- 
going provisions, shall agree to and conform with the follow- 
ing conditions, to wit: Fi7^st. The said bank shall not directly 
or indirectly, during its suspension of specie payments sell, or 
in any manner dispose of any of its specie, or gold or silver bul- 
lion, except for the purposes of change to the amount of five 
dollars, or under the sum of five dollars. Second. That it will 
neither directly nor indirectly issue, or put in circulation du- 
ring the period of its suspension of specie payments, any bank 



BANKS. 41 

bills or evidences of indebtedness by which its circulation will 
be increased beyond the amount of the capital stock actually 
paid in. Third. That it will rective upon deposite any funds 
belonging to the State which may be required to be so deposit- shall receive 
ed,and pay the same out upon the order of the proper officer money. 
or agent of the State, in kind, and free of charge. Fourth, p^yphase 
That it will purchase of the State six per cent, bonds at par, bonds, 
as follows, viz: on the first day of July next, fifty thousand 
dollars; on the first day of January, one thousand eight hun- 
dred and forty-two, fifty thousand dollars; on the first day of 
July, one thousand eight hundred and forty-two, fifty thou- 
sand dollars; and on the first day of January, one thousand 
eight hundred and forty-three, fifty thousand dollars; and the 
purchase money of such bonds shall be advanced at the a- 
bovementioned periods, by said bank, and applied exclu- 
sively to the redemption of bonds heretofore hypothecated 
by the Fund Commissioners, and to the payment of interest 
due on State indebtedness other than to said bank. Fifth. 
That during the time of the suspension of specie payments, 
by said bank, the citizens of this State, who are indebted to 
it on notes heretofore discounted, shall be allowed to pay j^^^g^®"'' ""^ 
their debts in instalments at the rate of ten per cent, upon 
each, and every renewal of the amounts now due, upon con- 
dition that such debtor shall execute new notes, with satis- 
factory security, and pay the aforesaid per cent, and the in- 
terest in advance according to the usages of banking. 

Sec. 4. Hereafter no director of said bank, or firm with 
which he, or the president thereof mav have been connect- 5"?^^^'^^^ °^ 
ed, shall become liable to the institution, either as principal 
or security for more than five thousand dollars at any one 
time. 

Sec 5. Whenever said bank shall accept the provi- , 
sions of this act, the president thereof shall file in the office gfact 
of Secretary of State a certificate of such acceptance under 
the corporate seal of said bank, and from the time of filing 
such certificate the bank shall be entitled to the benefits of 
this act, and bound by all the conditions herein contained. 

Sec 6. Theprovisionsof the second section of this act shall 
be applicable to the Bank of Illinois, if within sixty days from ^^^^ °^ ^'^* 
the passage of this act she shall, in the manner pointed out 
in the fifth section of this act, signify her acceptance there- 
of, and the said two banks shall also enter into bond with the^''''^P'^°''®" 
Auditor of Public Accounts, for and on behalf of the State, File Bond, 
that during their present suspension of specie payments 
they will not declare any dividends to private stockholders, Diyi^ends 
but that the same shall be retained in such banks for the use 
of said private stockholders, and that they will also declare 
the just and proper dividends on her stock to the full amount ^"^'^^®^*°'^^ 
of the same, and the portion thereof due upon the one hun- 
dred thousand dollars subscribed for under the act of March 
second, one thousand eight hundred and thirty-seven, shall be 



42 



BRIDGES. 



paid over to the Treasurer of the State when the same be- 
comes due, and the amount thereof due on account of the 
bank and internal improvement stock, shall be paid o/er to 

To Fund com- the Fund Commissioner as the same shall become due; and 

missioner. ^^^ g^jj banks shall resume the payment of specie upon their 
evidences of indebtedness when the banks of the West and 

^aH^resume South-west shall generally resume the payment of specie for 
their evidences of indebtedness: Praoided, That the thir- 
ty-first section of an act entitled, "An act to incorporate 
the subscribers to the Bank of the State of Illinois," appro- 
ved, February twelfth, one thousand eight hundred and thir- 
ty-five, be and the same is hereby suspended until said bank 
resumes specie payment. 

gp^yg Sec. 7. The said banks shall hereafter pay a bonus of 

one half of o»e per cent, per annum upon all bank stock 
now owned by the State, or hereafter to be owned, to the 
Fund Commissioner. 

Approved, February 27, 1841. 



, ^ ^ An ACT entitled An act authorizing the erection of a Bridge across 

^° i"*; o^. . the Saline River. 

7, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county corn- 
Bridge across jrj^jggJQpgpg* gQyj.^ of Gallatin county and their successors in 
office, are hereby authorized to cause a bridge to be erected 
across the Saline river, at or near where the State road lead- 
ing from Golconda to McLeansborough, in Hamilton county, 
crosses said river. 

Sec, 2. Said bridge is to be built a sufficient heighth and 
Construction the bents a sufficient width apart so as not to obstruct the 
of bridge. navigation of said river. This act to take effect from and 
after its passage. Approved, January 1 , 1841. 



AN ACT to build a Bridge across Macoupin creek, in Greene county. 
In force Jan. 
31, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That it shall be the duty 
Com. to build of the county commissioners' court of Greene county, to 
bridge cause to be erected across the Macoupin creek in said county, 

at the point where the road leading from Carrolton to Kane 

(which may be located by A. Hinlon, William Coulton, sen. 

and Mr. Paine, reviewers appointed by said court to view. 
Location mark and locate said road,) crosses said creek, a good and 

substantial bridge, free of charge for the accommodation of 

the public. 

Sec. 2. William Carlin, of said county, is hereby ap- 
Agent, &c. pointed agent to carry into effect the first section of this act, 

wl.ose duty it shall be to contract with some responsible per- 



BRIDGES. 



son or persons immediately to build a bridge across the Ma- 
coupin creek as aforesaid. The bridge shall be as near as prac- 
ticable, built after the model of the bridge across "Wood Model 
river" in "Madison county," the cost of which shall not ex-^^^^ 
ceed ten thousand dollars, and shall be completed within 
twelve months from the date of the contract, and shall be 
paid for in the following instalments, to-wii: one-fourth in ^'JJ^^°'P*y- 
gix months, one-fourth in twelve months from the date of the 
contract, and the balance in two equal instalments in six and 
twelve months after the completion ot said bridge. It is 
further made the duty of said agent lo take bond with good ^^ ^.^^ ^^^^^ 
and sufficient security for the faithful performance of the 
contract, and with a penalty sufficient to secure the comple- 
tion of the work. 

Sec 3. It shall be the duty of the county commissioners ^^^^ ^^ j^^.,^ 
to cause to be collected, in any manner they may think best, bridge 
a sufficient sum out of the internal improvement fund which 
was donated to said county by an act entitled "An act to 
establish and maintain a general system of internal improve- 
ments," to carry into effect the first section of this act; and 
a sum sufficient to construct said bridge is hereby appropria- 
ted out of said fund. 

Sec 4. If the r.gent appointed under the second section Agent bein^ 
of this act shall refuse to act, die, resign or remove, it shall J^*/ ^^^^^ 
be the duty of the county commissioners to appoint another may appoint, 
person immediately, who shall forthwith enter upon the du- 
ties of his office. The agent appointed by this act, or by the 
court, under the provisions of this act, shall receive for his 
services such compensation as the county commissioners compensa- 
may think reasonable and just. This act to take effect from tion of agent, 
and after its passage. Approved^ January 31, 1841. 



An ACT to authorize the building of a Toll Draw Bridge across the Cal- 
umet River. In force Feb. 

17, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That George Dalton, his 
associates and assigns, are herel)y authorized to build a toll 
draw bridge across the Calumet river, in the county of Cook, Location 
in the State of Illinois, on the south-west quarter of section 
thirty-four, in township thirty-seven, north of range fourteen, 
east of the third principal meridian: Provided, The said Dal- 
ton shall be the owner of the said quarter section: And provi- 
ded, Said bridge shall not impede the navigation of said river. 

Sec. 2. The rates of toll for passing over said bridge • 

shall be as follows: for every double wagon, carriage or 
sleigh, the sum of twenty-five cents, for every one horse ve- 
hicle or horse and rider, the sum of twelve and a half cents, 
for each horse, mule, ass, or head of neat cattle, the sum of 
two cents, and for each head of hogs, sheep, goats, or 
other animals not enumerated, the sum of one cent. 



44 BRIDGES. 

Commence- Sec. 3. The said bridge shall be commenced and com- 
pletion of sa?dP^^*^^ within eighteen months from and after the passage of 
hridge. this act. and shall at all times be kept in good repair so as to 

admit of a safe passage of all persons and their property over 
it on the payment of the toll herein specified. 

Skc. 4. That in case the said bridge shall be destroyed 
Destruction, by high water, fire or other casualty, it shall not create a for- 
of bridge by feiture of the rights conferred by this act, but one year shall 
tocrea^ fo°- ^^ allowed for there-erection thereof after the happening of 
feiture. said casualties. 

Sec. 5. This act and the powers therein granted shall be 
Term of act ^^^ remain in force for the period of twenty years from and 
after its passage. Approved, February 17, 1841. 



An ACT to amend "An act to authorize Henry W. Cleaveland to build a 
In force Feb bridge across the Winnebago Swamp," Approved February 19, 1839. 
26, 1841. 

Sec. 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Henry W. Cleve- 
land and his associates, and assigns, be allowed till the first 
Time allowed day of December, A. D., one thousand eight hundred and 
forty-one, for the completion of the bridge and causeway 
across the Winnebago Swamp. 

Approved, February 26, 1841. 



An ACT to authorize Isaac D. Patterson to build a bridge across Salt 
In force Feb. creek, in the counties of Menard and Mason. 

26, 1841. 

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

represented in the General Assembly^ That Isaac D. Patterson, 

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

Across Salt build and keep for the term of twenty years from the passage 

creek for 20 of this act, a toll bridge across Salt creek, in township nine- 

^^"^ teen north, range six west of the third principal meridian, 

Location ^"^^ ^^ ^^^ ^^^^ point near the place now known as "Day's 

Ferry," in Menard county, Illinois. 

Sec. 2. The said Isaac D. Patterson, his heirs or as- 
To commence signs, shall commence the building of said bridge within one 
an compete yg^r, and complete the same within two years from and after 
the passage of this act. Said bridge shall be built in a good 
and substantial manner, 30 as to give a safe and easy pas- 
sage, to all persons, and their property, wishing to cross the 
same. 
Toll gate and Sbc. 3. After said bridge shall be completed, the said 
.rates Isaac D. Patterson, his heirs and assigns, are hereby authori- 

zed to place a toll gate on either end of said bridge, or else-^ 
where, where he or they may demand of all and every person 
passing said bridge, the following rates of toll, viz: for each 
two horse wagon, drawn by two horses or one yoke of oxen,. 



BRIDGES. 45 

twenty-five cents; for each additional yoke of oxen or pair of 
horses, twelve and a half cents; for each one horse wagon or 
carriage, eighteen and three-fourths 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 six cents for each footman. 

Sec. 4. The said Isaac D. Patterson, his heirs and 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, the bridge be kept out of repair, so that the 
same be impassable for the space of three months at any one 
time, the said bridge shall accrue to the counties of Menard 
and Mason; Provided, however, That the destruction of said Proviso 
bridge by fire, high water, or other casualty, shall not work 
a forfeiture of the privileges hereby granted; but said Patter- 
son, his heirs or assigns, shall proceed immediately to repair 
the same. 

Sec. 5. When the commissioners of the counties of Me- bounties mar 
uard and Mason deem it expedient to purchase said bridge, purchase 
they shall have the right to do so, by paying the said Pattei-- 
son, his heiis or assigns, the value of said bridge, in current 
money of the State of Illinois, which value shall be ascer- 
tained by the valuation of three disinterested appraisers, to 
be appointed by the court of Menard county, who shall be 
sworn to a faithful and impartial discharge of their duties as 
such appraisers; or, if the commissioners of said counties will 
proceed without delay to build a free bridge at the place ^■■'j^^"'^S«'® 
aforesaid, or if the people of said counties, or any num- 
ber of them will proceed without delay and build a free 
bridge across Salt creek at the place aforesaid, and have the 
same completed within one year from and alter 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 all 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 free bridge, proviso 
when so completed, shall remain out of repair for six months 
at any one time, the privileges hereinbefore granted to Isaac D. 
Patterson, shall be revived, and he may proceed to the erec- '^.""^^S®^ '®'' 
tion of the toll bridge aforesaid, the same as if no bridge had 
been erected by the commissioners or the people aforesaid : Proviso, 
Provided, further, That casualties, or high water, or other- 
wise, shall not work a forfeiture to the people of said counties, 
or commissioners, hereinbefore offered to them, but they may 
proceed immediately to repair the same: Provided , further, Thai Further pro- 
the county commissioners' courts of the aforesaid counties, shall viso. 
have power so prevent the said Isaac D. Patterson from build- 
ing the said bridge, if it shall appear to their satisfaction 
that the people of said counties are opposed to it. 

Sec. 6. If any person or persons shall wilfully do, or Injury done, 
cause to be done, any injury to said bridge, the person or per- ''"'^ punished 



46 BRIDGES. 

sons so offending, shall forfeit and pay the eaid Isaac D. Pat- 
terson, his heirs and assigns, double the amount of said injury 
or damage, to be recovered before any justice of the peace 
or court of record, having jurisdiction of the same. 

Sec, 7. The said bridge shall be deemed a public high- 
Highway way, within the meaning of the laws providing for the pun- 
ishment of persons injuring, obstructing, or destroying pub- 
lic bridges in any manner or by any means whatever. 

Approved^ February 2(3, 1841. 



In force Feb. -^^ ACT to incorporate the Illinois and Missouri Bridge Company. 
27, 1841. " r T ■ . 

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

Incorporation represented in the General Assembly^ That Isaac Prickett, 
created. William Montgomery, Thomas G. Hawley, Eiias Hibbard, 

George W. Long, Enoch Long, Sherman W. Robbiiis, and 
Benjamin K. Hart, with their associates, be, and they are 
hereby created a body politic and corporate, by the name 
and style of ''The Illinois and Missouri Bridge Company," 
for the purpose of erecting a bridge over the Mississippi riv- 
er at or near the city of Alton, and they and their associates, 
successors, and the stockholders in the compaiy hereby 
Obect f th ^*'^^t^^> shall have perpetual succession, and by that name 
incorporation ^"^d style are hereby made as capable in law as natural per 
sons, to contract and be contracted with, to sue and be sued, 
to plead and be impleaded, in all courts of law and equity; 
shall have all the power, privilege and franchise incident to 
a public corporation, to make and use a common seal, and 
the same to alter or amend at pleasure, and generally to do 
and execute all acts, matters and things which a body corpo- 
rate or politic, or an individual could or may lawfully do: 
Proviso. Provided, That the construction of said bridge shall not in 

any manner obstruct the free navigation of said river. 
Capital stock. Sec. 2. The capital stock of said company shall be one 
million of dollars, which shall be divided into shares of one 
hundred dollars each, and the persons before named, or a 
majority of them shall cause books to be opened for the sub- 
scription of the stock of said company, at such times and 
places as they shall direct until the whole stock is taken up. 
Election of Sec. 3. As soon as half ol the capital stock shall be sub- 
officers, scribed, the said persons, or a majority of them, shall adver- 
tise a meeting of the stockholders giving ten days notice of 
the time and place of such meeting, when they shall provide 
for the election of a president and six directors from among 
the stockholders of said company, and such of the persons 
mentioned in the first section of this act as shall not hold any 
of said stock shall cease to be members of said corporation. 
Term of office All officers so elected, shall hold their offices for one year, 
and until their successors are chosen; each share of said 



BRIDGES. 



47 



stock shall entitle the holder to one vote. All vacancies Vacancies 
shall be filled by a majority of the directors. ^°"' ^"^'^• 

Sec. 4. The said company may enter upon, purchase and company 
take possession of so much of the land at or near [the] eastern may enter up- 
terniination of said bridge as may be necessary for the erec- "" '^^^^ ^^^^ 
lion of the same, also for a toll house and necessary roads 
leading to said bridge, and in case [ofj a disagreement be-iucaseof die- 
tween the parties as to the value of said lands, the same shall agreement. 
be determined by a jury of twelve men, freeholders of the 
county of Madison, who shall be appointed for that purpose 
by the county commissioners' court of said county, on appli- 
cation of either party, and the company shall pay the award 
of said jury, (which jury shall be sworn to make a just valua- 
tion) to the owner or owners of said land, and receive a title 
therefor; and in case of refusal on the part of the owners of 
said land to receive the valuation and make the conveyance as 
aforesaid, the same may be paid into the county treasury for 
the use of the owners of said land; whereupon the treasurer 
of said county shall by deed convey said land to said compa- 
ny, which conveya'nce shall pass to said company, all such 
estate of said owners, both in law and equity. 

Sec. 5. The company shall have power, by the president power to 
and directors thereof, to make such ordinances and by-laws as make by-laws 
they may deem prooer for the carrying on and regulating 
the business of said company, not inconsistent with the law& 
of the State. 

Sec. 6. The company shall have power to purchase any Company au- 
quantity of land not exceeding in value the sum of thirty thou- thonzed to 
sand dollars, and erect a saw mill. They shall have power |^,„]jQ^n„j-ac- 
to manufacture their own lumber and all other materials ne- lure materials 
cessary for the construction of said bridge, and to do all 
acts that may be necessary to forward the interests of said 
company and the speedy completion of said bridge. 

Sec. 7. It shall and may be lawful for said company to Tolls, 
erect toll gates at the end of said bridge, and to demand and 
receive the same rates of toll as are now received by the 
Alton Ferry Company. This act shall be a public act of Act declarpd 
the State of Illinois, and shall be construed liberally for the public, 
benefit of said company. 

Sec 8. It the Legislature of this State shall after the ex- State may 
piration of twenty years from the completion of said bridge, P".''!''^"^^ 
make provision by law, and pay over to said company the " ^ ' 
value of the same, with the fixtures and appurtenances 
thereunto belonging, then and in that case, the said bridge 
with all its fixtures and appurtenances, shall vest in and be- 
come the property of the State. 

Sec. 9. The company shall be required to commence said Titne within 
bridge within two years after the passage of this act, and |^^'j|^^|^g^"^^^ 
shall be required to finish the same within ten years there- and finished, 
after, or the I.,egislature may declare this charter forfeited; Forfeiture, 
and when said bridge shall be completed, the company shall 
at all times keep the same in a good passable condition, or be 



48 caNals and canal lands. 

Fines. subject to such fines and penalties as the Legislature may 

deem proper, to remedy the evil. This act to be in force 
from and after its passage. 

Sec. 10. The Legislature hereby reserves to itself the 

Right to re- right to repeal, alter, or amend this charter, if the public good 

peal charter. j.gqyj,.Q jj;. Provided, They cause to be paid to the saidcom- 

ProTiso. pany a fair indemnity for damages sustained by said repeal 

or amendment. 

Approved by the Council^ February 27, 184L 



An ACT to amend the several acts incorporating the Beardstown and 
In force Feb. Sangamon canal company. 

24, 1841. ^ ^ ^ 

Sec. L Be it enacted by the People of the State of Illinois^ 
me^ce ° canal *'^J^^^^^"'^^^^ ^1^ the General Assembly^ That the time for com- 
exteuded. mencing operations for constructing the Beardstown and 
Sangamon canal, be extended for the term of four years. 

Sec. 2. The present board of directors of said company 

may remain in office until operations shall be commenced, 

Present direc- after which an election shall be held in the manner provided 

tors to remain fpj. |-,y ^^g ^g^ incorporating said company, to which this is 

an amendment. 

Sec. 3. The present board of directors, or a majority of 

Further sub- them, shall have power at any time and place they may deem 

fowed!''" ^ ' proper to cause books for a further subscription of stock to 

be opened, and to perform any act or acts by which the in-* 

terest of said company shall be promoted. This act to be in 

force from and after its passage. 

Approved, February 24, 184L 



An ACT to extend the provisions of an act entitled "An act to provide for 
In force Feb ^'^® dedication of lots in towns situated on canal lands, to public purpo- 
17 1841. ses," approved, February tv?enty-eight, one thousand eight hundred and 

' thirty nine. 

Sec. L Be it enacted by the People of the State of Illinois^re- 
presented in the General Assembly^ That the commissioners of 
Canal com'rs ^j^g Illinois and Michigan canal, be, and they are hereby au- 
to l8t"unitarl- thorised to grant and convey to the first Unitarian Society of 
an society of Chicago, the lot number seven, in block number thirty-eight, 
Chicago. q|- ^i^g original town of Chicago, under the provisions and 
conditions of an act entitled, "An act to provide for the de- 
dication of lots, in towns situated on canal lands to public 
purposes," approved, February twenty-eight, one thousand 
eight hundred and thirty-nine, notwithstanding the said lot 
may have been exposed for sale, and upon the surrender to 
the said canal commissioners of the original certificate of 
Lottobeyeat- pyj.j,|^^gg of the aforesaid lot, the title to the aforesaid lot 
in socie y. ^^^^^ ^^ vested in the said society, and thereupon an entry 



CANAL LANDS. 4i> 

shall be made by the said board of commissioners upon the 
recorded plat of said town of Chicago, as directed in the 
aforesaid act. * 

Approved^ Febrriary 17, 1841. 



An ACT authorizing the canal commissioners to sell land in certain 

cases. In force, Feb. 

27, 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the canal commis-Canal lands 
sioners shall be authorized to locate and sell canal land in or in or near Ju- 
near Juliet, on the west side of the river, and not exceeding l''^' '"^y be 
two acres to Martin H. Drummond, Levi Jenks, and Thorn"- ^° 
as Allen, in trust for the sole purpose of a burying ground. 

Sec. 2. The trustees aforesaid may, after the purchase, ^""'j'/^'s''0"'^''' 
cause the said burying ground to be enclosed, to be and for-ggd ""'"" 

ever remain a place lor burying the dead, and shall be open 
at all times for that purpose: Provided, Tlie said trustees Proviso, 
may stake oif certain lots and pieces and sell the same to 
families as exclusive spots for the interment of their friends. 

Sec. 3. The money received for parts of the ground so Monies ex- 
laid 0% shall be expended by the trustees in enclosing suchP^"^^'' •» en- 
burying ground, and for things connected therewith, or pay-*"'"^^ grounds 
ing for the same to the canal commissioners. 

Sec. 4. Joel A, Mattison, A. W. Bowen and Uri Osgood, ^•'ound _ eaat 
shall be authorized to buy in trust of the canal commissioners ^^^^°^ "^'^'"" 
a piece of ground on the east side of the river in Juliet, not 
exceedi»g two acres, and have the same powers and for the 
same purpose, as a burying ground, as is mentioned in the 
preceding sections and no more. 

Approved, February 27, 1841. 



An ACT for the relief of purchasers of canal lots in Chicago and Ottawa 

in 1836. 

In force, Feb. 

Sec. 1. Be it enacted by the People of the State of Illinois, ^^' ^^^^' 
represented in the Geneml Assembly, That all persons who 
have heretofore purchased any of the property belonging to 
the canal, any of the canal lands, or any of the lots in any 
town, sold by authority of the State, and who have made 
advances to the State by way of payment for the same, and 
who have by any means forfeited the' same by not complying 
with the other stipulations of the contract, shall be entitled to 
the relief hereinafter granted, upon the conditions hereinafter Purchasers 
mentioned, that is to say; e\exy person who has paid any may select 
money upon such purchases, shall first ascertain the amount ^^°^^' 
from the proper authority, and next he shall have or pro- 
cure to be described the particular lot or land upon which 
4 



50 CANAL liANDS. 

payment shall have been made, and shall be allowed the right 
to select so much of his original purchase at his option as the 
% said payments will cover, deducting from the original price 
stipulated for, thirty-three and one-third per centum. 

Sec. 2. Said purchaser shall relinquish all claim to the 
Purchaser j^g ^^ lands which he does not choose to purchase, and in 

shall relin- .. ii- >• iiici 

quish lands to Writing make his selection known to the board ot canal com 

State. missioners, who are hereby authorized and required to pro- 

cure and deliver to such pjrchaser a deed or patent for the 
same, agreeable to the laws now in force for patenting lands 
and lots sold by canal commissioners. 
Balance how Sec. 3. If any balance shall be due to the canal fund, the 
P same shall be promptly paid at the rate aforesaid; but it shall 

in iiO case be allowed that the said board shall issue scrip of 
forfeited payments that may in any event become currency 
for the payment of any other lands or lots belonging to the 
canal at any other than the amount of purchase, but that the 
same balance, if any, shall be liquidated by the conveyance 
of lands or lots originally sold, and at the original amount 
or price given at the time of purchase, with the deduction 
Part of ]ot before mentioned. 

may be relin- Sec. 4. That it may be lawful lor any purchaser to re- 
ciuiehed. linquish a part of a lot by fourths, or halves, in proportion to 

the depreciated value heretofore fixed by this act, but not by 
any other mode than leaving to the State as much front as 
rear, and in all cases of the relinquishment of lands, other 
than town lots, the same shall be done in pursuance of the 
legal subdivisions of the United States' surveys, and not less 
than forty acres, nor shall the commissioners transfer any 
lands, not town lots, by any other description than by such 
legal subdivisions. 
be^placed™on ^^^' ^' ^^^^J be lawful for any purchaser as aforesaid,, 
land other to place his payment which has been so forfeited, on one piece 
than lot, of land, not a town lot, or one or more town lots, or such par- 
ticular lot or piece of land as he may deem proper at the origi- 
nal purchase price, with the deduction as afores.iid, but in no 
case shall it be allowed to any such purchaser to place this 
payment on any other lands or lots, at any other price or 

Record of pro- ^^'"^*^*''* ^^^^ ^s before mentioned. 

ceedings un- Sec. 6. The canal commissioners shall keep a just and 
<ier this act. f^j\\ record of all proceedings under this act, and report the 
same to the next meeting of the general or special session of 
this Legislature. 
Rights maj be Sec.7. The rights of the purchasers under the provisions 
transferred. ^^ ^j^-g ^^^ ^^^ ^^ ^^^ subject of transfer in writing, signed by 
Proviso. ^^^ purchaser, or his legal representative, which shall be filed 

and recorded by the board : Provided^ however, That the ben- 
efits and relief extended by the provisions of this act shall 
not embrace any land or town lots whatever except the town 
lots sold by the commissioners of the IlHnois and Michigan 
canal in the towns of Chicago and Ottawa in the year one 



CATTLE AND STOCK. 51 

thousand eight hundred and thirty-six, being for the relief 
and benefit of those purchasers and none others. 

Approved, February 27, 1841. 



An ACT to prevent the unlawful driving away of cattle and other stock 

by drovers and others. In force June 

1, 1841. 

Sec, 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That whenever any drover 
or other person or persons engaged in driving horses, cattle, 
mules, hogs or sheep through any part of the State of lUinois, 
Illinois, shall drive off, or shall knowingly and willingly suffer or persons dri- 
permit to be driven off from the premises of any citizen of said vingstockfnr- 
State, or from the range in which the stock of any such citizen 'her than five 
usually run, to any distance exceeding five miles from such ""cfaitne^ by 
premises or range, any horses, mules, neat cattle, hogs or owner, 
sheep belonging to such citizen, it shall be lawful for the 
owner of any such stock so driven off, to follow and reclaim 
the same wherever it may be found, and for the taking and 
driving away, or suffering or permitting to be driven away of 
such stock, the said owner shall be entitled to recover of and 
from said drover or other person or persons guilty thereof, j j"^n/a a*' 
for each head of horses, mules, neat cattle, hogs or sheep, so ° 

driven away, twice the value thereof, to be recovered in an 
action of debt before any justice of the peace of the proper 
county, or any court having competent jurisdiction thereof; 
Provided, however, That if the drovers shall not pass any hab- 
itation within said five miles, and shall separate said cattle or 
other stock from the drove at the next habitation, in such 
case, said action shall not accrue to the owner of the said 
property. 

Sec. 2. In any action commenced under the first section . 
of this act a capias may issue against the defendant or defen- this^act. 
dants, upon the plaintiff stating on oath that he believes 
some one or more of his cattle or other stock has been driven 
off by a drover, and that he believes the same to be of a cer- 
tain value, to be endorsed on the writ, and the proceedings 
thereon shall be the same as in other actions commenced by 
capias: Provided, however, That no exception shall be taken Proviso, 
to the form of the oath aforesaid. 

Sec 3. Whenever judgm.ent shall be rendered against 
any person or persons, under the provisions of this act, by Under judg- 
■ *• r t-u Ji J- • Ai • \ ment Fi. Fa. 

any justice ol the peace, a Ji. fa. may issue thereon against ^^„ issue. 

the goods and chatties of any such defendant or defendants, 
without affidavit as required in other cases. This act to take 
effect from and after the first day of June next. 

Approved, Feb. 3, 1841. 



52 



In force, Jan 
7, 1841. 



CENSUS AND CITIES. 

An ACT to extend the time for taking an enumeration of the inhabitants 

of this State. 

Sec. i. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly, Thni dWuersons nppoint' 
take State cd by the county commissioners «ourts ot the several coun- 
census allow- tics of this State, to take the census or enumeration of the 
^^^ '^™^ 'j^'^^" inhabitants of any county, shall have until the fir^t day of 
t^o'^make re- "^'"^"uary, in the year of our Lord one thousand eight hundred 
turns. and forty-one, for the purpose of taking and completing such 

enumeration or census and making the returns thereof, as 
directed by an act to provide for the taking of the census or 
enumeration of the inhabitants of the State, approved Janu- 
ary thirteenth, one thousand eight hundred and twenty-nine, 
and the pains and penalties of the said last recited act shall 
not accrue against the persons taking such census or enum- 
eration until after the aforesaid first day of January. 

Approved, January 7, 1S41, 



An ACT to incorporate the City of Nauvoo. 
In force, Feb. 

1, 1841. Sec. 1. Be it enacted by the People of the State of Illinois^ 

represented in the General Assembly, That all that district of 

country embraced within the following boundaries, to-wit: 

beginning at the north-east corner of section thirty-one, in 

township seven north of range eight, west of the fourth prin- 

Boundariesof^^P^' meridian, in the county of Hancock, and running 

the city thence west to the north-west corner of said section, thence 

north to the Mississippi river, thence west to the middle of 

the main channel of the said river, thence down the middle 

of said channel to a point due west of the south-east corner 

of fractional section number twelve, in township six north, 

of range nine, west of the fourth principal meridian, thence 

east to the south-east corner of said section twelve, thence 

north on the range line between township six north and 

range eight and nine west to the south-west corner of section 

six, in township six north, of range eight west; thence east 

to the south-east corner of said section; thence north to the 

lats of"co*m^ place of beginning, including the town plats of Commerce 

merceand and Nauvoo, shall hereafter be called and known by the name 

Nauvoo of the "City of Nauvoo,^' and the inhabitants thereof are 

hereby constituted a body corporate and politic by the name 

aforesaid, and shall have perpetual succession, and may have 

and use a common seal, which they may change and alter at 

pleasure. 

Lots adjoin- ^^^* •^' Whenever any tract of land adjoining the city 

ing the city of Nauvoo shall have been laid out into town lots and duly 

recorded according to law, the same shall form a part of the 

"City of Nauvoo." 



CITIES. 53 

Sec. 3. The inhabitants of said city, by the name and Corporate 
style aforesaid, shall have power to sue and be sued, plead P°"'^''^ 
and be impleaded, defend and be defended, in all courts of 
law and equity, and in all actions whatsoever; to purchase, 
receive and liold property, real and personal, in said city, 
to purchase, receive and hold real property beyond the city 
for burying ground or for other public purposes for the use 
of the inhabitants of said city; to sell, lease, convey or dispose 
of property, real and personal, for the benefit of the city; to 
improve and protect such property, and to do all other things 
in relation thereto as natural persons. 

Sec. 4. There shall be a city council to consist of a may- City council 
or, four aldermen and nine councillors, who shall have the 
qualifications of electors of said city, and shall be chosen by 
the qualified voters thereof, and shall hold their oflices for two 
years, and until their successors shall be elected and qualified. Term of office 
The city council shall judge of the qualifications, elections 
and returns of their own members, and a majority of them 
shall form a quorum to do business, but a smaller number m;iy Quorum 
adjourn from day to day, and compel the attendance of ab- 
sent members under such penalties as may be prescribed by 
ordinance. 

Seo. 5. The mayor, aldermen and councillors, before en- Officers to 
tering upon the duties of their olBces, shall take and i5ub- '^'*®°^^" 
scribe an oath or affirmation that they vrill support the Con- 
stitution of the United States and of this State, and that 
they will well and truly perform the duties of their of- 
fices to the best of their skill and abilities. 

Sec. 6. On the first Monday of February next, and every Annual elec- 
two years thereafter, an election shall be held for the elec-tion 
tion of one mayor, four aldermen, and nine councillors, and 
at the first election under this act, three judges shall bo cho- 
sen viva voce by the electors present, the said judges shall 
choose two clerks, and the judges and clerks, before entering 
upon their duties, shall take and subscribe an oath or affirma- 
tion such as is now required by law to be taken by judges 
and clerks of other elections; and at all subsequent elections, 
the necessary number of judges and clerks shall be appointed 
by the city council. At the first election so held the polls ^jP^J^g^^flg 
shall be opened at nine o'clock, A. M., and closed at six 
o'clock, P. M., at the close of the polls the votes shall be 
counted, and a statement thereof proclaimed at the front door 

of the house at which said election shall be held; and the /,,,./.„„,„ ,■ 
1 I I II 1 -I 1 1 i 1 1 • Certincates o! 

clerks shall leave with each person elected, or at his usual election 

place of residence within five days after the election, a writ- 
ten notice of his election, and each person so notified, shall 
within ten days after the election take the oath or affirma- 
tion hereinbefore mentioned, a certificate of which oath shall 
be deposited with the recorder, whose appointment is here- 
after provided for, and be by him preserved, and all subse- 
quent elections shall be held, conducted and returns thereof 



54 CITIES. 

made as may be provided for bj the ordinances of the city 
council. 

Sec. 7. All free white male inhabitants who are of the age 

Qualification of twenty-one years, who are entitled to vote for State offi- 

of Toters cers, and who shall have been actual residents of said city 

sixty days next preceding said election, shall be entitled to 

vote for city officers. 

Sec. 8. The city council shall have authority to levy and 

Taxes for city collect laxcs for city purposes, upon all property, real and 

parposes personal, within the limits of the city, not exceeding one 

half per cent, per annum upon the assessed value thereof, and 

may enforce the payment of the same in any manner to be 

provided by ordinance, not repugnant to the Constitution of 

the United States or of this State. 

Sec 9. The city council shall have power to appoint a 

Additional of- recorder, treasurer, assessor, marshal, supervisor of streets, 

*'®" and all such other officers as may be necessary, and to pre- 

sciibe their duties and remove theni from office at pleasure. 

Sec. 10. The city council shall have power to require of 
all officers, appointed in pursuance of this act, bonds with 
^ondao o "penalty and security, for the faithful performance of their 
respective duties, such as may be deemed expedient; and 
also, to require all officers appointed as aforesaid, to take an 
oath for the faithful performance of the duties of their res- 
pective offices. 

Sec. 11. The city council shall have power and authority 
Ordinances to make, ordain, establish and execute all such ordinances, 
y- aws ^^^ repugnant to the Constitution of the United States or of 
this State, as they may deem necessary for the peace, benefit, 
good order, regulation, convenience and cleanliness of said 
city; for the protection of property therein from destruction 
Vacancies ^^ ^^^ ^^ Otherwise, and for the health and happiness there- 
how filled o^> they shall have power to fill all vacancies that may hap- 
pen by death, resignation or removal, in any of the offices 
herein made elective; to fix and establish all the fees of the 
officers of the said corporation not herein established^ to im- 
Pines and for- pose such fines, not exceeding one hundred dollars for each 
feitures offence, as they may deem just, for re/using to accept any of- 

fice in or under the corporation, or for misconduct therein; 
Divided into to divide the city into wards; to add to the number of aldermen 
wards and councillors, and apportion them among the several wards, 

as may be most just and conducive to the interests of the 
city. 
Power to li- Sec. 12. To licenses, tax, and regulate auctions, mer- 

ceose auc- chants, retailers, grocers, hawkers, pedlars, brokers, pawn 
fions, &c L I J u 

' brokors and money changers. 

Sec. 13. The city council shall have exclusive power 

within the city, by ordinance, to license, legulate and restrain 

the keeping of ferries; to regulate the police of the city; to 

impose fines, forfeitures and penalties for the breach of any 

ordinance, and provide for the recovery of such fines and for- 



Police 



CITIES. 



>V180 



feitnres, and the enforcement of such penalties, and to pass 
such ordinances as may be necessary and proper for carrying 
into execution the powers specified in this act: Provided, p^^, 
Such ordinances are not repugnant to the Constitution of the 
United States or of this State; and in fine to exercise such 
other legislative powers as are conferred on the city council > 
of the city of Springfield, by an act entitled "An act to incor- 
porate the city of Springfield, approved February third, one 
thousand eight hundred and forty." 

Sec 14. All ordinances passed by the city council shall Ordinance 
wiihin one month after they shall have been passed, be pub- when in fwrc^ 
lished in some newspaper printed in the city, or certified co- 
pies thereof be posted up in three of the most public places 
in the city. 

Sec. 15. All ordinances of the city may be proven by the How proveu 
seal of the corporation, and vi^hen printed or published in 
book or pamphlet form, purporting to be printed or published 
by authority of the corporation, the same shall be received in 
evidence in all courts or places without further proof. 

Sec. 16. The mayor and aldermen shall be conservators City couneii 
of the peace v/ithin the limits of said city, and shall have all to act asjusti- 
the powers of justices of the peace therein, both in civil and ^^^ " peac« 
criminal cases, arising under the laws of the State; they shall 
as justices of the peace within the limits of said city, perform 
the same duties, be governed by the same laws, give the same 
bonds and security as other justices of the peace, and be 
commissioned as justices of the peace in and for said city by 
the Governor. 

Sec. 17. The mayor shall have exclusive jurisdiction in Jurisdictiouot 
all cases arising under the ordinances of the corporation, and mayor 
shall issue such process as may be necessary to carry said 
ordinances into execution and efi^ect, appeals may be had Appeals 
from any decision or judgment of said mayor or aldermen, 
arising under the city ordinances, to the municipal court, under Municipal 
such regulations as may be presented by ordinance. Which ^°"'"' 
court shall be composed of the mayor or chief justice, and 
the aldermen us associate justices, and from the final judg- 
ment of the municipal court to the circuit court of Hancock 
county,in the same manner as appeals are taken from the judg- 
ments of justices of the peace: Provided, That the parties Proviso 
litigant shall have a right to a trial by a jury of twelve men 
in all cases before the municipal court. The municipal 
court shall have power to grant writs oi' habeas corpus in all May grant 
cases arising under the ordinances of the city council. w"'" 

Sec 18. The municipal court shall sit on the first Mon-„ 
day of every month, and the city council at such times and court 
place as may be prescribed by city ordinance. Special 
meetings of which may at any time be called by the mayor 
or any two aldermen. 

Sec 19. All process issued by the mayor, aldermen, or^ ^''^*^/'* '^^^ 
municipal court shall be directed to the nmrshal, and in the cess 



56 CITIES. 

execution thereof he shall be governed by the same laws as 
aie or may be prescribed for the direction and compensation 
of constables in similar cases. The marshal shall also perform 
Duties of mar- sLich other duties as may be required of him under the ordi- 
shal nances of said city, and shall be the principal ministerial 

officer. 

Sec, 20. It shall be the duty of the recorder to make and 
Duty oi'i-ecor- keep accurate records of all ordinances made by the city 
**^'' council, and of ail their proceedings in their corporate capa- 

city; which record shall at all times be open to the inspection 
of the electors of said city, and shall perform such other du- 
ties as may be required of him by the ordinances of the city 
council, and shall serve as clerk of the municipal court. 
Private prop- ^^^' ^^' When it shall be necessary to take private pro- 
ertj may be perty for opening, widening, or altering any public street, 
Taken lane, avenue or alley, the corporation shall make a just com- 

pensatioii 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. 
Jurors to as- '^^^^ ^^* ^^^^ jurors cmpanneled to enquire into the 
sess damages amount of benefits or damages that shall happen to the own- 
ers of property so proposed to be taken, shall first be sworn 
to that effect, and shall return to the mayor their mquest in 
writing, signed by each juror, 
lu case of Sec. 23. In case the mayor shall at any time be guilty 
malconduct of a palpable omission of duty, or shall wilfully and corruptly 
mayor be guilty of oppression, malconduct or partiality in the dis- 
charge of the duties of his office, he shall be liable to be in- 
dicted in the circuit court of Hancock county, and on convic- 
tion he shall be fined not more than two hundred dollars, and 
the court shall have power, on the recommendation of the 
jury, to add to the judgment of the court, that he be re- 
moved from office. 
May establish Sec. 24. The city council may establish and organize an 
a nmversity institution of learning within the limits of the city for the 
teaching of the arts, sciences and learned professions, to be 
called the "University of the city of Nauvoo," which institu- 
tion shall be under the control and management of a board 
universiry- ^^ trustees, consisting of a chancellor, registrar, and twenty- 
three regents, which board shall thereafter be a body corpo- 
rate and Dolilic, with perpetual succession, by the name of 
Powers the "Chancellor and Regents of the University of the City 

of Nauvoo,'^ and shall have full power to pass, oi'dain, 
establish, and execute all such laws and ordinances as 
Proviso tj^gy niay consider necessary for the welfare and pros- 

perity of said univ^ersity, its officers and students: Provided^ 
That the said laws and ordinances shall not be repugnant to 
Proviso the Constitution of the United States or of this State, and 

Provided^ also. That the trustees shall at all times be ap- 
pointed by the city council, and shall have all the powers and 
privileges for the advancement of the cause of education 



CITIES. 



57 



which appertain to the trustees of any other college or uni- 
versity of 'this State. 

Sec. 25. The city council may organize the inhabitants Militia, name 
of said city subject to mihtary duty into a body of indepen-of 
dent military men, fo be called the -'Nauvoo Legion," the 
court maitial of which shall be composed of the commission- Court mania! 
ed officers of ?aid legion, and constitute the law making de- 
partment, with full powers and authority to make, ordain, 
establish and execute all such laws and ordinances as may be 
considered necessary for the benefit, government, and regu- 
1 ation of said legion: Provided^ Said court martial shall pass 
no law or act repugnant to, or inconsistent with the Constitu- 
tion of the United States, or of this State, and, Provided, a^ Proviso 
so, That the officers of the legion shall be commissioned by 
the Governor of the State. The said legion shall perform 
the same amount of military duty as is now, or may be here- 
after required of the regular militia of the State, and shall Military duty 
be at the disposal of the mayor in executing the laws and or- 
dinances of the city corporation, and the laws of the State, At disposal of 
and at the disposal of the Governor for the public defence, mayor and 
and the execution of the laws of the State, or of the United °^*^''°°'^ 
States, and shall be entitled to their proportion of the public 
arms, and. Provided, also, That said legion shall be exempt Proviso 
from all other military duty. 

Sec 26. The inhabitants of the "City of Nauvoo" are Exempt from 
hereby exempt from working on any road beyond the limits road labor 
of the city, and for the purpose of keeping the streets, lanes, 
avenues, and alleys in repair, to require of the male inhabi- 
tants ot said city, over the age of twenty-one and under fifty 
years, to labor on said streets, lanes, avenues, and alleys, not Street labor 
exceeding'three days in each year; any person failing to per- ^°"'^'^"'''3's 
form such labors when duly notified by the supervisor, shall 
forfeit and pay the sum of one dollar pei day for each day so 
neglected or refused. 

Sec 27. The city council shall have power to provide for Punishment 
the punishment of offenders, by imprisonment in the county ^^^^'^"'^^'"^ 
or city jail, in all cases when such otfenders shall fail or refuse 
to pay the fines and forfeitures which may be recovered 
against them. 

Sec 28. This act is hereby declared to be a public act, 
and shall take effect on the first Monday of February next. 

Approved, December 16, 1840. 



An ACT to amend an act entitled "An act to incorporate the city of 
Quincj," approved, February 3, 1840. 

In force, Jan. 

Sec. 1. Be it enacted by th". People of the Slate of Illinois, 
represented in the General Assembly, That at all elections of 
mayor and aldermen within and for said city, all white male 
inhabitants above the age of twenty-one years, who have re- 



5$ CITjiS. 

?f"eEoS°^ sided in the State six months next preceding the election, 
and who actually reside in the said city, shall enjoy the right of 
elf''^'ors, but no person shall be entitled to vote for aldermen 
except in the ward in which he shall actually reside at the 

Citr to sup- ^^"^^ °^ ^^^ election. 

port paupers. Sec. 2. The county shall be exempt from the support of 
paupers within the limits of said city, but the city council 
shall provide such means and pass such ordinances as they 
shall deem proper for the support of their own paupers. 
Citizens to Sec. 3. The inhabitants of the city of Quincy shall, the 
pay county same as other citizens of the county, pay a county tax on all 
^^^' their property situate without the limits of the city. 

Part of act re- ^^^' ^' ^° much of the act to which this is an amend- 
pealed. ment, as requires the mayor of the city to be a freeholder, 

be, and the same is hereby repealed. 

Sec. 5. The city council shall pass no ordinance contra- 
ry to, or which in any manner conflicts with, the laws of the 
United States or of this State, and any such ordinance 
"* which the city council may have passed, shall be void and of 

no effect. 
Mayor shall ^^^' ^' ^^^ person elected to the office of mayor shalK 
give bond as before being commissioned by the Governor as a justice of 
justice of the peace, give bond as is now required by law of justices of 
peace. ^^^ peace, and on failure to do so, another election shall be 

ordered, as is now required by the act to which this is an 
amendment. Approved, January 7, 1841. 



An ACT to amend "An act to incorporate the city of Chicago," approveii 
In force, Mar. the fourth day of March, one thousand eight hundred and thirty-seven. 
1,1841. and for other purposes. 

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

represented in the General Assembly, That so much of the 

Part of act fourth section of the act to which this is an amendment, as 

repealed. provides that the mayor, aldermen and assessors of the city 

of Chicago, shall be freeholders in the said city; and section 

nine of said act, and so much of section twenty-six of said 

< act as allows an annual salary of five hundred dollars to the 

mayor of said city; and section fifty-two of said act, be, and 

the same are hereby repealed. 

Sec. 2. Every person voting at the election for mayor, 
'Qaalifications aldermen, assessors, and other officers of said city, shall be an 
of voters, actual resident of the ward in which he so votes, and shall 
, have resided in said city at least six months next preceding 

such election, and shall moreover, if required by any person 
qualified to vote thereat, before he is permitted to vote, take 
«3ath of voter, ^he following oath: "I swear, (or affirm) that I am of the age 
of twenty-one years, that I have been a resident of this 
city for six months immediately preceding this election, 
j^ that I am now a resident of this ward, and have not vo- 

ted at this election. 



CITIES. 59 

Sec. 3. That so much of the forty-first section of said Part of 4ist 

act, as provides that all sales of real estate for taxes and as- repeSed*^ ^^^ 

sessments within said city of Chicago, shall be made by the 

city attorney; and so much of said section as provides that 

the said attorney shall receive one dollar, if proceedings in 

the sale of lots be stopped before the sale is made, and two 

dollars if the premises are sold, as his fees, be, and the same 

is hereby repealed; and that hereafter all sales of real estate 

in the said city, for any tax or assessment, shall be made by ^ i . u- 

, . n • ji 1 1 • -11 *3^Jes to be 

the c'.ty collector, m the manner, and at the time prescribed made by citj 

by the said act, and shall receive therefor the same fees and collector, 
compensation as are allowed county clerks for similar servi- 
ces. 

Sec. 4. The qualified electorsofthesaid city shallelectan- 
nually, at the election for mayor and aldermen, a city mar- city marshal 
shal, whose duties shall be prescribed, and whose salary 
shall be fixed by the commoa council of said city, and that 
the seventy-seventh section of the said act to incorporate 
the said city of Chicago, be repealed. 

Sec. 5. That so much of the fourth and sixth sections of Part of 4th & 
said act as provides for the election of one assessor from each renealed^'***"* 
ward of said city, be repealed; and that the common council 
at their (irst meeting annually, after the charter election in 

said city, or as soon thereafter as may be, shall appoint one ■'V^°^"'™f"* 
•''.,, . ., . ■' ^ . ■ ' , O' assessors, 

assessor, with the privilege at any time oi increasing the num- 
ber to three, whose duties shall be the same in all respects, 
as is prescribed in the act to which this is an amendment. 

Sec 6. All deeds made to purchasers of lots sold for tax- ^ , , , 
es by order of the council, as is provided in the act to which gold for taxes 
this is an amendment, shall be prima facice evidence in all evidence of 
controversies and suits in relation to the right of the pur- '^*'*^* 
chaser, his or her heirs or assigns, to the premises thereby 
conveyed, of the folloAving facts: First, that the land or lot^^"*- 
conveyed was subject to taxation at the time the same was 
advertised iov sale, and had been listed and assessed in the 
time and manner required by law. Second, that the taxes Second, 
were not paid at any time before the sale. Third, that the Third, 
lands conveyed had not been redeemed from the sale at the 
date of the deed, and shall be conclusire evidence of the fol- 
lowing facts: ^ 

First, That the land or lot was advertised for sale in the First- 
manner, and for the length of time, required by law. 

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

Third, That the grantee in the deed was the purchaser. Third. 

Fourth, That the sale was conducted in the manner requi- 
red by law. And in controversies and suits involving the ti- Fourth, 
tie to land claimed and held under and by virtue of a deed 
executed by the mayor and clerk, as provided in the act to 
which this is an amendment, the person or persons claiming 
title adverse to the title conveyed by such deed, shall be re- 



60 CITIES. 

quired to prove, in order to defeat the said title, either that 
the said land was not subject to taxation at the date of the 
sale; that the taxes had been paid; that the land had never 
been listed and assessed for taxation; or that the same had 
been redeemed according to the provisions of this act, and 
that such redemption was had or made for the use and bene- 
fit of the persons having the right of redemption under the 
laws of this State; but no person shall be permitted to ques- 
tion the title acquired by the said deed, without first showing 
that he, she, or thej, or the person under whom he, she, or I 
they, claim title, had title to the land at the time of the sale, 
or that the title was obtained from the United States, or this 
State, after the sale, and that all taxes due upon the lands 
have been paid by such person or the person under whom he 
claims title as aforesaid. 

TO . , Sec. 7. That the common council of the city of Chicago. 

runishment , i ,i • ■ n- . i i • , • 

for violation nave power and authority to milict such penalties not incon- 

of ordinances sistent with the Constitution and laws of this State, as they 
may deem necessary and expedient, for a noncompliance with 
such ordinances as they may pass in relation to the regula- 
ting, restraining, or licensing the sale of vinous, spirituous, or 
^ fermented liquors within the city aforesaid; and also, that 

the said council have full and ample power over the streets 
and alleys, and public buildings of said city, (except such as 
belong to the county of Cook) and to authorize, if they may 
deem it necessary, the location of any market, or market 
buildings, in any of the streets or alleys of said city, with 

Markets. power to establish and regulate the markets so located by such 
ordinance or ordinances, for the restraining or licensing of 
the sale of meats and vegetables therein, as they may deem 
expedient, with such penalties as they may see proper to af- 
fix thereto for a violation thereof, not inconsistent with the 
laws and Constitution of this State. 

Sec. 8. That the said common council shall have power 

Improve- ^^ asscss and levy a tax upon all improvements on canal lots-- 
ments on ca- r r • ^ ii i'^^. i. .; 

nal lots may Of lorieited canal lots, as other lots are taxed in said 

be taxed. city, so as to make the said improvements, or the rents there- 
of liable therefor, and that the personal property of the per- 
son or persons in said city, owning said improvements, or 
renting or leasing the ground of said lots, shall be liable there- 
Persons rent- ^Qj, ^^^ upon a failure or refusal to pay said taxes, it shall be 

inglots liable , '^ r ,, r ■ ^ ■ ^ , , . • r ., 

for tax. the duty ot the collector oi said city to obtam Irom the com- 

mon council of said city, a warrant in the nature of an exe- 
cution against all such delinquents, authorizing him to levy 
upon and sell their goods and chattels, as in case of an execu- 
tion from a justice of the peace, for the payment of said tax- 
es and costs, and in case the said persons so owning the said 
improvements or renting the ground aforesaid, shall have no 
personal estate upon which to levy for the payment of the 
said taxes and costs, then, and in that case the tenant or ten- 
ants, after notice given, shall be liable for the said taxes and 



CITIES. 61 

coits to the extent of the rents in their hands unpaid, if suf- J" case of re- 
fici^nt t.) pay said taxes and costs; and upon refusal to pay J^x bow ni^o^ 
the same, may be proceeded against in the same manner asceeded a- 
ihe persons owning said improvements, or leasing said Jots, gainst. 

Sec. 9. That the thirty-fifth section of the act to which 35th sectioit 
this is an amendment, be so amended, that whenever the amended, 
word "or" occurs in said section, it shall be taken and constru- 
ed to mean "and," and in all respects shall have the same 
meaning and signification as (he word '»and." 

Sec, 10. That the forty-first section of the said act, to 41st section a- 
which this is an amendment, or so much thereof as provides ™^"'^^'^* 
that the right of redemption shall in all cases of sale of re- 
al estate /or taxes, exist to the same extent to the owner and 
his creditors, as is allowed by law in cases of sale of real 
estate for taxes, be so amended as to make the late revenue 
law, approved, February the twenty-sixth, one thousand 
eight hundred and tiiirty-nine, the law to which reference 
shall be expressly had in all cases. 

Sec. 11. That the county commissioners of Cook coun- County com- 
ty, be, and they arc hereby authorized to borrow upon the ™'®'''^°^^*"'^ 
faith and pledge of said county, a sum not exceeding ten money, 
thousand dollars, at a rate of interest not exceeding eight per 
cent., for a term not exceeding tvt^enty years, and to issue 
bonds therefor under the seal of the county commissioners' 
court for said county, and countersigned by the clerk of the 
county commissioners' court: Provided, That in no case shall proviso, 
the said bonds be funded or sold for county orders unless said 
county orders shall be at par. 

Sec. 12. This act to take effect from and after the first 
day of March next. 

Approved^ February 27, 1841. 



repealed. 



An ACT to amend "An act to incorporate the city of Springfield," ap- 

proved, February 3, 1840. ^IJ Jorce Feb, 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That so much of the Fart of third 
third section of article second, and section second of article ^^2'lT.i''*^^*^' 
third, of the act to which this is an amendment, as requires 
the mayor and aldermen of said city to be citizens of the 
United States, be and the same is hereby repealed; and here- 
after every inhabitant of said city who is entitled to vote ^or Q„^i;fications 
State olficers, and who has the requisite length of residence of electors, 
according to the act to which this is an amendment, shall be 
eligible to the ofhce of mayor or aldermen of said city. 

Sec 2. That so much of section second of article fourth p^rt of second 
of the act to which this is an amendment, as requires persons sec repealed, 
to be citizens of the United States to be entitled to vote for 
[city officers, be and the same is hereby repealed, and hereaf- 
ter every inhabitant of said city who is entitled to vote for 



62 CLERKS OP COITRTS. 

Qualifications State officers, and who has the other requisite qualifications 
for voters, mentioned in said section shall be entitled to vote for city 
officers. Approved^ February, 27, 1841. 



An ACT to legalize certain acts of the clerk of the circuit court of Colee 
In force, Jan. County. 

26, 1841. 

Whereas, by a law of the General Assembly, passed at their 
Preamble. session of eighteen hundred and thirty -nine and eighteen 

hundred and forty, the time of holding the circuit court for 
the county of Coles was fixed on the third Monday in March: 
And whereas, the clerk of the circuit court of Coles county 
having mistaken the import of the law, supposing that it 
was temporary, and would only be in force at the last spring 
term of said courts, and that the next spring term of the 
court would commence on the Thursday after the third 
Monday in March next: And whereas, the said clerk of the 
circuit court for Coles county (laboring under this mistake) 
has issued writs, summons, subpoenas, and other process, 
returnable on the Thursday after the third Monday in 
March next; therefore. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That all writs, summons, 
All process is- subpoenas, and other process, issued by the clerk of the cir- 
^."ra ^^ "'^"^^ c"^*^ court of Coles county, returnable on the Thursday after 
the third Monday in March next, shall be deemed and held 
returnable on the third Monday thereof, and shall be valid and 
legal to all intents and purposes, any law to the contrary not- 
withstanding. Approved, January ''2^, 1841. 



An ACT to authorize the county commissioners clerk of Du Page to keep 
I .. p IT u '^is odice us at present located. 

26, lS4l'. 

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

Clerk author- represented in the General Assembly, That the clerk of the 
ized to keep county commissioners court of Du Page county, be, and he is 
where it now ^^^^'^7 '^^^^'^'''^^^d and permitted to keep his office, as such 
is clerk, at the place where said office is now kept, any law to 

Proviso. the contrary notwithstanding; Provided, This act shall not be 

so construed as to authorize the said clerk to make any charge 
This act to ^g^^"^^ ^^^^ county for office rent; And provided further, this 
cease to have act shall continue in force until the first day of January 
j^^°\s4T ^^' °"'^ thousand eight hundred and forty-three. 

Approved, February "iQ , \S4A* 



COLLECTORS, COLLEGES. 63 

An ACT to prevent collectors from speculating on Auditor's warrants. In force, Feb. 

19, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the collectors of the Collectors to 
State revenue in the several counties in this State shall receive receive Audi- 
Auditor's warrants in payment of any or all taxes due the tor's warrants 
State in their respective counties at par, and they shall not be ^* ^^^' 
permitted to take, buy, share, or receive, directly or indirectly, 
by themselves or agent, any Auditor's warrant or warrants, 
at less than the full sum due thereon, to the holder of such 
warrant or warrants. 

Sec 2. For any violation of the provisions of the first 
section of this act, by any collector or collectors aforesaid, ^^e 
oi they shall be liable to double the amount so made by pur- ^/^jj^y^^ ^^^ 
chasing or sharing said warrants, at less than their face, in an act. 
action of debt, before any justice of the peace or court of re- 
cord of the proper county. One half of all sums so collected 
lo go to the person complaining, and the other half to go to, 
and ibrm a part of the school fund of the county where such 
collector may reside. 

Approved, February 19, 1841. 



An ACT supplemental to an act, entitled "An act in relation to the Charles- 
ton Seminary and Jonesboro' college," approved third of February, one 
ihousand eight hundred and forty. In force, Feb. 

i7, 1841. 

Sec I. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sixth section of 6ih sec. of ac? 
an act in relation to the Charleston seminary and Jonesboro' repealed, 
college, approved the third of February, one thousand eight 
hundred and forty, is hereby repealed; Provided, That the ppoviao. 
provisions of this act shall not be construed to extend to the 
Jonesboro' college. Approved, February 17, 1841. 



An ACT to incorporate the Fancy F'arm College. - . p 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Alexander McCrea- 
ry, Henry Yost, Sion H. Mitchell, Richard Cantrill, William 
Jones, William Mitchell, and John Roberts, and their succes- 
sors in office, be, and they are hereby created a body politic 
and corporate, to be styled and known by the name of the ^^^^^ j^n^l 
*'Fancy Farm College," and by that name and style to remain style of body 
and have perpetual succession. corporate. 

Sec 2. The said college shall be located at the residence Location of 
of Alexander McCreary, or within two miles thereof, in the college, 
county of Franklin. 



64 COLLEGES. 

Object of cor- Sec- 3. The sole object of said corporation shall be for 
poration. ^j^^ promotion of science and literature, and its corporate 
powers shall be similar to those conferred upon other corpo- 
rate bodies for the advancement of education, to-wit: to make 
contracts, to sue and be sued, plead and be impleaded; lo 
grant and receive by its corporate name; to acquire, purchase. 
Corporate and sell property, real and personal, and in all lawful ways to 
powers. manage and use the same; to have a common seal, and thf; 

same to alter and change at pleasure; to make such by-lawf:i 
and regulations as are not inconsistent with the Constitution 
and laws of the United Stf^tesand of this State; and to do all 
other acts, whicli may be necessary, to carry out the powers 
herein conferred. 
Course of stu- Sec. 4. The trustees of said college shall have authority, 
cHestobepur-lrom time to time, to prescribe and regulate the course of stu- 
sued. (ji^jg therein, to fix the rate of tuition and other college ex- 

^ffr"^"<f ^"'^^ ^ penses; to appoint instructors and such other officers and 
agents as may be necessary in managing the concerns of the 
institution; to define their duties, fix their compensation, and 
remove them from office at pleasure; to purchase books, chem- 
ical, philosophical, and other apparatus, and to prescribe regu- 
lations for the conduct of the students. 

Sec. 5. The trustees, for the time being, shall have power 
Vacancies, to fill any vacancy which may occur in the board of trustees 
"^"^ ' ® ■ from death, resignation, or any other cause, and a majority of 
the trustees, for the tinie being, shall be a quorum to do busi- 
ness. 

Sec. 6. It shall be the duty of the trustees to appoint one 
of their number treasurer to the board, and he shall be re- 
■^ive bond. ° quired to give bond with sufficient security, to be approved by 
the board, in such penal sum as they may prescribe, condi- 
tioned for the performance of such duties as may be required 
of him. 
Lands held in ^^^' ^* "^^^ lands and tenements to be held in perpetuity 
perpetuity, by virtue of this act, shall not exceed six hundred and forty 
Proviso. acres; Provided however, That if grants, donations, Oi' devi- 
ces, shall, from time to time, be made to said corporation, over 
and above the quantity of six hundred and forty acres, whicli 
may be held in perpetuity as aforesaid, the same mav- be re- 
ceived and held by the said corporation for the period of ten 
years from the time of such grant, donation, or devise, at the 
expiration of which time, if said lands, over and above six 
hundred and forty acres, shall not have been sold by said cor- 
When lands poration, then, and in that case, the lands so granted, donated, 
«hall revert to or devised shall revert to the grantor, donor, or devisor of the 
same, or to his or her heirs. 

Approved, February 24, 1841. 



COMMONS. i^ 

An, ACT to amend an act to incorporate the Colleges therein named. In force, Feb. 

26, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That the twelfth section Section re- 
of the above entitled act is hereby repealed. pealed. 

Sec. 2. That the proviso to the seventh section of said Proviso re- 
act, be, and the same is hereby repealed. pealed. 

Sec. 3. Provided further^ That the same privileges be Proviso, 
extended to McDonough college, and all other incorporated 
colleges within this State that have the sanme restrictions in 
their charters. Approved^ February 26, 1841. 



An ACT to authorize the supervisor of the village of Cahokia to lease 

part of the commons appertaining to said village. In force, Feb. 

17, 184L 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the supervisor duly Supervisor 
elected by the inhabitantsof the village of Cahokia is hereby au- J^^'^^y ^^"J, jJ2 
thorized to cause to be surveyed in lots, that in his opinion, will lease part of 
best suit purchasers, any part of the commons of Cahokia, and commons 
lease the same for any number of years not exceeding one hun- 
dred, as in his opinion will best promote the interest of the in- 
habitants of said village. The said supervisor shall first cause to 
be surveyed in lots as aforesaid, the part of said commons 
proposed to be leased, and cause a plot of the same to be 
made, showing the number of acres in each lot, and location 
properly numbered, which plot, when so made, shall be recor- 
ded in the recorder's office of St. Clair county. 

Sec. 3. The said supervisor shall cause to be inserted for Notice of sale, 
four weeks consecutively in one of the newspapers published 
in Belleville, and also in one of the daily papers published in the 
city of St. Louis, Mo., the time and place of offering said lots 
to lease, and also, cause four written advertisements to be 
placed up in four of the most public places in the vicinity of the 
said village; and on the day thus appointed the said supervi- 
sor shall cause the said lots to be publicly set up and leased to 
the highest bidder. 

Sec. 3. Each lot shall be offered separately, stating the Lots how sold 
number of years for which the same is proposed to be leased, °° '^^se. 
the number of acres it contains, and the same shall be struck 
off to the person bidding the highest amount of money per 
acre, payable annually in advance for the same, each and 
every year the same as leased for. The said supervisor as 
aforesaid, shall execute to the lessee, a deed of lease for the 
number of years the same was bid off, which lease shall vest 
in the purchaser the full and complete possession and enjoy- 
ment of said land for the term of years leased, conditioned for 
the annual payment of the rent to the supervisor or other au- 
thorized person or persons to receive the same, for the inhabit- 
ants of the village of Cahokia. 



tG6 CONVEYANCES. 

Proceeds of ^^^' ^' ^^^^ proceeds of the commons so leased as above, 

sale, how ap- shall, after defraying the expenses of sale, be appropriated to 
P^'*^*' the education ot the children of the inhabitants of the village of 

Cahokia, and for no other purpose whatever; to effect said ob- 
ject the inhabitants of said village shall elect three trustees , 
Trustees to annually, whose duty it shall be to provide a school house or 
provide houses, and employ a teacher or teachers, suitrvble and com- 

houses for peteat for the instruction of the pupils. Said trustees shall 
have power to receive irom the supervisor or lessees the 
amount of money due annually from the rents of said commons, 
and transmit the same to their successors in othco, should there 
be any in their hands, and shall moreover be required at the 
end of every year to render an account to the inhabitants ot 
said village of all the monies which came to their hands, ot 
the amount paid for tuition, and school houses, and the 
number of children taught. Nothing in this act contained 

leaseirafDri-^^*^'^ P^^^®'^^ ^'^® '^^'^ ^'^P*^'^^^^^^ ^'"*^"™ leasing any portion of 
wtte sale. said commons at private sale, when in his opinion the interest 

of the inhabitants of Cahokia will be advanced by it. 
Supervisor to Sec. 5. Said supervisor before entering on the discharge 
i^ive bond. ^jj" j^j^ duties Under this act, shall enter inio bond with two or 
more sufficient securities, in the sum of three thousand dollars 
payable to the county commissioners of St. Clair county, and 
their successors in office for the use of the inhabitants of the 
village of Cahokia; conditioned for the faithful performance 
of his duties under this act, which bond shall be signed, and 
the securities approved of before the clerk of the county com- 
missioners' court of St. Clair county, which bond, when ap- 
proved by the clerk, shall be by l.im filed in his othce. 

Approved, February 17, lB-41. 
■ 

An ACT relating to ihe recording or registering of conveyances, or otheri 
In force, Feb. instruments in writing, executed out of this iState and within the United 
•26, 1841. States. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
Deeds made represented in the General Assembly, That all deeds, mortga- 
ont of State & ges, conveyances, powers of attorney, or other instruments in 
Pj"*^^^^' ^^'^ writing, of, or concerning any lands, or real estate within this 
and efTectnal State, which have or may hereafter be made and executed 
in law. without this State, and within the United States, and which 

may hereafter be acknowledged or proved in conformity with 
the laws and usage of the State, Territory or District,in which 
any of such conveyances or instruments have been, or shalii 
hereafter be made and executed, shall be recorded or register- 
ed in the respective counties in this State, in which the lands.i 
tenements or hereditaments, affected by any such conveyances; 
or instruments, maybe situate; and all conveyances or in- 
struments thus acknowledged or proved, are hereby declared! 
eflfectual and valid in law, to all intents and purposes, as 



COUNTIES. 67 

though the same acknowledgments had been taken or proof 
of execution made, within this State, and in pursuance of the 
laws thereof; Provided, That the clerk of any court of record Proviso, 
within such State, Territory or District, shall, under his hand 
and the seal of such court, certify that such instrument is ac- 
knowledged or proved in conformity with the laws of the 
State, Territory or District in which it is so acknowledged or 
proved, and all deeds, mortgages, conveyances, powers of at- 
torney or other instrjments in writing, of, or concerning any 
lands or real estate within this State, which have been here- 
tofore recorded in the respective counties in 'which the lands 
or real estate, described in, or affected by such deeds, mort- 
gages, conveyances, powers of attorney, or other instruments 
in writing, is situate, are hereby enacted and declared to be 
good and effectual, as notices to subsequent purchasers or 
mortgagees. Approved, February 26, 1841. 



An ACT to establish the county of Henderson. j^ force Jan 

20, 184l! ' 

Sec. 1. Be it enacted by the People of thz State of Illinois, 
represented in the General Assembly, That all that part of the Bounds ai 
now county of Warren, lying west of range three, west of cJunty'!^^ 
the fourth principal meridian, be, and the same is hereby crea- 
ted into a new county, to be called the county of Henderson. 

Sec 2. The county seat of said county of Henderson Location of 
shall be, and is hereby permanently located at the town of '^"""'J' ^*^^' 
Oquawka, in said county of Henderson; Provided, the pro- Proviso, 
prietors of said town of Oquawi^a shall donate and convey lo 
the county commissioners of Henderson county (for the time 
being) for the use and benefit of said county in fee simple, not 
less than two hundred of the average unsold or unimproved 
lots in said town of Oquawka, the proceeds of the sale of said 
town lots, or so much thereof as may be required, shall bp 
appropriated exclusively to the erection of public buildings. 

Sec. 3. In case of the removal of the county seat from 
said town of Oquawka, the public buildings and lots upon 
which they may stand, shall revert and become the property of 
said proprietors and their heirs forever thereafter, and also, 
all lots remaining unsold at the time of removal. 

Sec. 4. The legal voters of the county of Henderson shall Election of 
m^.ctatthe usual places of holding elections in said county cr-'in'yoflicprs 
on the first Monday of April, one thousand eight hundred and 
forty-one, and proceed to elect all county otiicers, exceptmg 
one county commissioner, and the justices of the peace and 
constables at present residing therein, who shall continue to 
discharge the duties of their oiSces respectively, in and for the 
county of Henderson, in the same m inner as though Warren 
county had not been divided. The officers ele2ted under the 
provisions of this act shall hold their offices until the next regu- 



68 COUNTIES, 

lar election, and until their successors are elected and quali- 
fied. 
County com'rs ^^(. 5, q^hg county commissioners of said county of Hen- 
hokTcoun^ " derson shall meet in the town of Oquawka, on the third 
Monday of April, one thousand eight hundred and forty-one, 
and after being duly qualified, shall proceed to hold coui't and 
perform such duties as are required by law of other county 
-Pg^m Qfog^jg commissioners' courts. Of the commissioners elected under 
of CO. com'rs. the provisions of this act, the one receiving the highest num- 
ber of votes, shall hold his office for the term of three years 
from and after [the] first Monday in August next; the one re- 
ceiving the second highest number of votes, shall hold his 
office for the term of two years from and after that period, 
g . J. . Sec. 6. The county commissioners of said county shall, 

county seat.' whenever in their opinion the interest of said county may 
demand and require the sale of the whole or any part of 
the lots donated as aforesaid, proceed to sell the same, in such 
manner, and on such terms as they may deem most advisable 
for the interest of said county. 
Election re- gj^^^ y^ 'j^j^g election returns for the oflicers herein provi- 
cers, how ^^^ *o ^^ elected, shall be made in the same manner, and 
made. within the same time as all other elections, except that the re- 

turns shall be made to John B. Patterson, an acting justice of 
the peace of said county, or in case of his death, or inability 
to act, any other justice of the peace of said county, who shall 
call to his assistance two other justices of the peace of said 
county, and proceed to open the returns of the election, and 
in all things perform the duties required of the clerk of the 
county commissioners' court and justices of the peace in like 
cases. 
Co. com'rs Sec. 8. The county commissioners' court at their first term, 
iQjg to be holden on the third Monday of April, one thousand 

eight hundred and forly-one, shall proceed, together with the 
proprietors of the said town of Oquawka, to select the num- 
ber of town lots, herein before provided to be donated, and 
so soon as the selection shall be made and agreed upon, the 
Proprietors to proprietors shall immediately thereupon, execute a deed in 
execate deed fee simple for said lots, to the county commissioners for the 
of ^o°^^y"time being, for the use and benefit of said county; which 
deed, when so made, and acknowledged and received, shall 
be entered upon the records of said court, and also be recor- 
ded as other deeds are in the office of the county recorder. 
School com'r g^.^^ ^ rpj^^ school commisioner of Warren county shall 
01 Wfl.rrGn to *^ 

pay over P&Y over to the county commissioners of Henderson county, 

Bchool funds, upon demand being made by the said county commissioners 

or their legally constituted agent, all monies, notes and other 

papers, which may be in his hands at the time of such demand, 

and which may rightfully belong to said county of Henderson 

Portion °f by reason of the sale of any school lands located within 

lege and semi- ^^^ county of Henderson, and also its proper proportion of the 

nary fund. interest arising from the school, college, and seminary fund^ 



COUNTIES. 



the basis of which payment shall be made upon the late cen- 
sus of Warren county. 4 

Sec. 10. All officers elected under and pursuant to the 
provisions of this act shall be required to take such oath oroftcers to 
affirmation, and give such bond and security, as are, or may be take oath and 
required of like officers in other counties, and for a failure so^i^e boud. 
to do, the same penalties and forfeitures shall apply as in simi- 
lar cases under the laws of this State. 

Sec. 11. It shall be the duty of the county commissioners' 
court of the county of Henderson, at their first meeting on 
the third Monday of April next, as is provided in the fifth sec- 
tion of this act, to proceed to levy a tax for State and county Tax for State 
purposes, as is required by the laws in relation to the public puloser.""*^ 
revenue, in the same manner as though they had met on the 
first Monday in March as now required, and shall also do 
and perform all other things necessary and lawful to insure 
the collection of the State and county revenue in said county ' 

of Henderson. Appraoed, January 20, 1841. 



An ACT for the formation of the County of Mason. In force, Jan. 

20, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That all that part of the 
counties of Menard and Tazeweli, included within the follow- 
ing boundaries, to-wit: 

Beginning at the mouth of the Sangamon river, running Boundaries of 
thence with the channel of said river, to the mouth of Salt ^^ county of 
creek; running thence with the channel of said creek, until ^^°°' 
it intersects the range line, between ranges four and five; 
thence north with said range line, to the north line of Lo- 
gan county; thence west six miles; thence north to the centre 
of tewnship twenty-three north, range six, west of the 
third principal meridian; thence west to the Illinois river; 
thence with the channel of the said Illinois river to the place 
of beginning, which shall constitute a county to be called the 
county of Mason. 

Sec 2. All justices of the peace and constables hereto- All officers in 
fore duly elected and qualified in and for the county [of] Me- ^^^^ bounda- 
nard and Tazewell, and who now reside within the aforesaid [ffg^r office's" 
boundaries of the county of Mason, shall hold their offices in 
and for the said county of Mason, the same as if no division 
had taken place. 

Sec. 3. The legal voters residing within the limits of said 
county of Mason, shall meet at the town of Havana, in said 
county, on the first Monday in April next, appoint judges and Election for 
clerks of election and proceed to elect a sheriff, coroner, clerk *^'*' °®''^"' 
of the county commissioners' court, recorder, treasurer, probate 
justice of the peace, school commissioner, and three county 
commissioners for said county, and any other county officers pro- 



T®^ COUNTIES. 

Returns ofyided by law, to be elected for counties, and the returns of 
e ection. ^^-j e]p(,^jon shall be made by said judges and clerks, to the 
justices of the peace in sfiid county of Mason, and any two 
or more of said justices shall meet at Havana at any time 
within five days after said election, and proceed to open said 
returns, make out abstracts of the same, and transmit one to 
the Secretary of JState, and file one with the clerk of the 
county commissioners' court of said county of Mason, and to 
do and perform all other duties now required by law, in like 
cases of the clerks of the county commissioners' courts, and 
justices (;f the peace. 
Election for Sec. 4. The legal voters of said county of Mason shall 
county seat, also, at the time and place, and in the manner specified in 
the third section of this act, vote for sites or places at which 
to locate and establish the permanent scat of justice of said 
county of Mason, and the site or place which shall receive the 
greatest number of votes, shall be and forever remain the per- 
manent seat of justice or county seat of said county of Mason; 
and the judges and clerks of said election, are hereby autho- 
rized to open columns in their poll books, and receive 
votes for the same, said election to be conducted in all res- 
pects, and returns thereof made in the same manner as pro- 
vided foj- in the third section of this act. and of the laws of this 
Proviso. State in relation to elections: Provided however ^Thui the judges 
and clerks of said election are not authorized to open columns 
or receive votes for any site or sites, place or places for said 
county seat, unless the proprietors or friends of said site or 
place shall first place in the hands of the judges of said elec- 
tion their promissory note drawn to the county commissioners 
of Mason county, or their successors in office, for the use of 
said county of Mason, for the sum of one thousand dollars 
payable three months after date, with good and sufficient se- 
curity for the payment of the same, to be approved by the 
judges of said election, and shall also place in the hands 
of said judges a bond conditioned for a donation of real estate 
for the use of said county, on which to erect the public build- 
ings; which donation shall not be less than one block of lots, if 
the county seat is located at a town already laid otT, and not 
less than twenty acres if on land not heretofore laid off' in i 
town lots. j 

Sec. 5. The judges of the aforesaid election shall deposit ■ 
with the county commissioners of said county of Ma?on, as 
Notes and soon as said court shall be organized, the notes and bonds 
bonds, where which may come into their hands in the manner specified in 
^ ' the proviso to the fourth section of this act, and said commis- 

sioners after the returns of said election shall have been made 
agreeable to the provisions of this act, and it shall have beert 
finally decided wliicli point has received the highest numb jr 
of votej for the county seat, all the aforesaid notes and bonds 
shall be returned to the persons from whom they were re- 



COUNTIES. , 71 

ceived, except those received from tLe friends or proprietors 
of that point, at which the county seat has been located. 

Sec. 6. The school commissioner of the county of Mason Duty of 

as soon as he shall be duly elected, qualified, and commission- school com'r, 
ed, according to law, shall call upon the school commissioners 
of the counties of Menard and Tazewell, and demand of, and 
receive from them all notes, bonds, mortgages, or other writings 
or obligations, which may belong or be coming to said county 
of Mason; also, the distributive share of the school, college, 
and seminary fund which said county of Mason shall be enti- 
tled to. 

Sec. 7. The said county of Mason shall constitute a part 

of the judicial circuit, and a circuit court shall be 9^'"°"V ''^T 

, -J , ' . . ... insaid county 

held lor said county at some convenient house m the village 
of Havana until the public buildings shall be erected; the 
time of holding said couit shall be appointed by the judge 
presiding on said circuit. This act to take effect from its 
passage. Approroed^ January 20, 1841. •■■*., -H 



An ACT for the formation of the County of Piatt. 

In force Jan. 

Sec. 1. Be it enacted by the People of the Slate of Illinois, 27, 1841. 
represented in the General Assembly, That all that part of 
Macon and De Witt counties included within the following Boundaries 
boundaries, to-wit: Beginning where the north line of town 
fifteen north intersects the middle of range four east, and 
running thence north through the middle ol range four to the 
middle of town nineteen; thence east to the west line 
of range five; thence north to the north-west corner of 
town nineteen north, range five east; thence by a direct 
line to the south-west corner of section seven, town twen- 
ly-one north, range six; thence east to the east line of 
range six; thence south along the east line of range six to 
the north line of town fifteen north; thence w'est along the 
north line of town fifteen to the place of beginning, shall 
■oonstituce a new county to be called the county of Piatt. 

Sec 2. Until said county shall be organized all elections pi-ice of hold- 
therein shall be held at John Madden's and in Monticcllojing elections 
and the present judges of elections in those precincts shall 
hold their offices until the county commissioners of Piatl 
county shall appoint others. 

Sec 3. An election shall be held at the above named Election oi 
places on the first Monday in April one thousand eight hun-countv offi- 
dred and forty-one, for the purpose of electing all countj offi-^^"^^ 
cers, and the election shall be conducted in all respects as 
other elections are conducted in this State. 

Sec 4. The poll books of said election shall be carried to Election re- 
Monticello, on the Tuesday following the first Mrnday in 'urns. 
April, one thousand eight hundred and forty-one, and John 
Hughes, Abiaham Marquis, John P. Tinbrooli: and James 
Reber, four regular acting justices of the peace in said county, 



72 COUNTIES. 

(or so many of them as shall then be present) shall open said 
poll books and count the votes given for each candidate, and 
cause the result to be proclaimed aloud, naming the persons 
elected, and the offices to which they were elected, and shall 
Notice of e-make returns of said election to the Secretary of State, and 
shall do and perform all other duties in relation to said elec- 
tion as are required of clerks of county commissioners' courts 
in similar cases; and the officers so elected shall continue in 
office until the next ensuing regular election for such officers, 
and as soon as said officers shall have been qualified according 
to law, the county shall be considered as legally organized. 
Duty of clerk Sec. 5. As soon as the clerk of the county commissioners' 
court shall have given his bond to the acceptance of the 
county commissioners, he shall inform the judge of the judi- 
cial circuit thereof, w^ho shall thereupon appoint a clerk, and 
Proviso. hold courts in Monticelio, until a county seat shall be perma- 

nently established in said county of Piatt: Provided, That all 
suits commenced in Macon or De Witt county, before the 
county of Piatt is organized as aforesaid, shall be decided in the 
respective counties in which they were commenced: And 
provided further^ That all justices of th« peace, constables, 
and other officers within tl.e bounds of Piatt county shall act 
in their respective offices until the same shall expire. 

Sec. 6. As soon as a school commissioner shall be ap- 
Duty of school pointed for said county, and given his bond according to law, 
roraraiesre. j^^ gj^^^jl (jg^^nd and receive from the school commissioners 
of Macon and De Witt counties, all moneys, notes, bonds, 
mortgages, and other writmgs pertaining to said county of 
Piatt, and likewise its distributive share of all unexpended 
State and county school funds. 
Temporary Sec. 7. All county business shall be done in Monticelio, 

county seat jq ^.^\^ county, until a county seat shall be permanently lo- 
cated. 
Location of Sec. 8. An election shall be held in said county on the 
county seat, flj-^t Monday in April, one thousand eight hundred and forty- 
two, for the permanent location of a county seat, and the 
place receiving the majority of all the legal votes given shall 
be the county seat; but if no one place shall have received a 
majority of such votes, the county commissioners shall direct 
the sheriff of the county to notify the legal voters of said 
county to meet again on the first Monday in May, one thou- 
sand eight hundred and forty-two, to vote for one of the two 
places formerly' voted for, and having the two highest num- 
ber of votes formerly given, but no other place shall then be 
voted for, and the place then having the highest number of 
votes shall be the county seat. 
Donation of ^^^' ^' Before such county seat shall be so recorded, the 
land owner or owners of the land upon which the same is to be 

located, shall within thirty days after the election execute a 
good warranty deed for twenty-five acres of land for the ben- 
efit of the county, and the county commissioners shall cause 



COUNTIEa 



73 



the same to be laid ofFinto town lots, in the centre of which 
shall be laid off one entire block for a public square; but if 
the highest number of votes be given for any town already- 
laid off, the proprietor or proprietors shall within thirty days 
after the election aforesaid, make to the county commission- 
ers a good warranty deed to forty lots in said town, at an 
average value with the rest of the lots in said town, sold and 
unsold, or in lieu thereof, twenty acres of land adjoining said 
town, at the option of the proprietor or proprietors aforesaid: 
Provided, That if the county commissioners cannot within Proviso, 
the time herein specified, select the lots so given to the coun- 
ty, they may name any subsequent day, and the aforesaid 
deed shall be made in accordance thereto. 

Sec 10. The county commissioners shall meet on the Duty of coun- 
first Monday in June, and shall perform all the duties requir-^y<^°"'''"^- 
ed of other county commissioners, and shall levy a tax, which 
shall be equal on all parts of said county according- to the 
laws of this State. 

Sec 11. And whereas Macon county is involved in a^^^^' °f ^*" 
heavy debt, incurred by the erection of a court house in -De- ^ppoptjoned 
catur, and have consented by their petition to the formation 
of said county of Piatt, upon certain conditions specified in 
their petition: Be it therefore further enacted, First, That 
William Barnes, George A. Patterson, and N. H. Devore, be 
and they are hereby appointed commissioners on the part of 
Piatt county, to meet with the county commissioners of Ma- 
con county, at their regular session in June, one thousand 
eight hundred and fort} -one, at which time the before named 
commissioners shall proceed to ascertain what amount of 
said court house debt remained unpaid at the close of the 
year one thousand eight hundred forty, and after deducting 
therefrom the funds on hand at that time and the debts then 
owed to Macon county, viz: at the close of the year one thou- 
sand eight hundred and forty, they shall afterwards apportion 
the balance of said court house debt between the parts of 
Macon county included in Piatt county, and the remaining 
part of Macon county, according to the tax list of Macon 
county in one thousand eight hundred and forty. Second, 
The part of Macon county included in said Piatt county shall 
be held bound to pay to Macon county its said proportion of 
said court house debt, and the interest thereon, on the same 
conditions that Macon county is bound, and the county com- 
missioners of Piatt county shall order the treasurer of said 
county to pay the treasurer of Macon county, out of the mo- 
nies collected from the part of Piatt so taken from Macon 
county, such sum or sums of money as they shall think proper, 
not less in any one year than the annual dividend due as 
aforesaid and the interest thereon. Third, Provided further, 
That the commissioners of Piatt county may at any time or- 
der the whole of the debt due to Macon county, as aforesaid, 
to be paid, whenever the funds arising from that part of 



74 , . , COUNTIES. 

Piatt county shall be sufficient therefor, and the same shall 
be accepted by the commissioners of Macon county, and 
thenceforth the county of Macon shall have no further claims 
on any part of Piatt county, on account of said court house 
debt or interest. Approved, January 21, 1841. 



In force Feb ^° ACT to create the County of Grundy from the county of La Salle. 
17, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois,, 
. represented in the General Assembly ^ That all that tract of 

Qjyjjjy"(,yn. country, lying and being in the county of lia Salle, in town- 

ty! ship thirty-one, thirty-two, jthirty-three and thirty-four north, 

of ranges six, seven and ei^ht cast of the third principal me- 
ridian, shall constitute and form a new county, to be called 
Grundy. 

Election of Sec. 2. An election shall be held at the house of S» 

county offi- Piney, on the fourth Monday of May next, for the purpose of 
electing one sheriff, one recorder, one county surveyor, one 
probate justice, one county treasurer, and three county com- 
missioners, and one county commissioners' clerk, who shall 

Termofoffice. ^^^^ ^^^j^ offices until the next general election, or until their | 
successors in office shall be elected and qualified; said elec- * 
tion shall be conducted according to the laws regulating 
elections in this State. Perry A. Claypool, Robert Walker, 

fectwn °^ ^" ^"^ ^^^^ Beard, sen. shall be the judges of said election, and 

shall make the returns within five days after such election 

to the county commissioners' clerk of La Salle county, and 

Sf*'^^".! V, °'^the clerk of said countv shall give certificates of election, as j 
election how . - . r^ i ^i • j . /■ H 

made. m Other cases lor county omcclB, and the said county ot 

Grundy shall be organized so soon as the said officers shall 

be elected and qualified. 

Sec. 3. Ward B. Burnett, Rulief S. Derwyea, and Wi!- 
Comm'rs to Ham E. Armstrong, be appointed in conjunction with the 
locate county commissioners of the Illinois and Michigan canal, to locate 
^®*^* the seat of justice of the said county of Grundy. 

Sec 4. It shall be the duty of the said commissioners to 
County seat locate the said seat of justice on the line of the Illinois and 
to be located jyj^^j^jj^ canal, on canal lands, and they shall set apart for 
oncanallanus '^ ' . _ ' i ■ i i- 

this purpose any quantity or the canal lands not exceedmg 

To be laid off^^'^ acres, and after doing so shall proceed to lay off the said 
in lots land as a town site, embracing lots, streets, alleys, and a pub- 

lic square, in such manner as they shall deem proper. i 

Divisionoflots Sec. 5. They shall divide the said lots in equal numbers 1 
and county between the State and the said county, and shall allot to the 
State and the county alternate lots of equal value, or as 
nearly so as may be practicable. 
Liability of Sec. 6. It shall be the duty of the canal commissioners to 
com'rs '^o'j.require of the said county, and the inhabitants thereof, in 
mcHiey their corporate capacity, shall be liable to them for the pay- 

ment of a sum equal to ten dollars per acre for one half 



COUNTIES. 



75 



of the whole quantily of land to be located as aforesaid, 

upon the payment of which sum the canal commissioners 

shall ccrtily the fact lo the Governor, who shall there- Gov. to issue 

upon issue a patent to the county commissioners of said pa'enttocom- 

county and their successors in office, for the use of the said qJ^^" y^^ 

county, for that portion of the lots, by number, which shall ty. 

be allotted to the countj; Provided always, That the monies 

to be received by the canal commissioners, by virtue of this P""""^**- 

section of this act, shall be applied in aid of the construction 

of the Illinois and iVlichigan c-inal. 

Sec. 7. The county commissioners skall meet on the 
second Mondav of June next, and appoint one assessor, and Appointment 
II i ' 1 u J II * u II J of assessor 

one collector, and such assessor and collector shall proceed ^^^ collector. 

to levy and collect said tax from the taxable inhabitants of 
said county according to the laws of this State, and said as- Assessment 
sessment shall be as legal as if the county of Grundy had been '^^'^'^'"^ S^ 
organized previous to the first Monday of March, one thou- 
sand eight hundred and forty-one. 

Sec. 8. The county commi:«sioners shall prepare a place ?'''*^^"'^''°''^" 
for holding courts in said county until there shall be public '^ 
buildings ereded. The county of Grundy shall be attached Grundy at- 
to th? ninth judicial circuit; and the different times of holding jached to 9th 
courts shall be appointed by the judge in the above namedJ .J*^^^' *^"" 
circuit, so as to hold two terms in each year; all suits com- 
menced in La Salle circuit court shall be determined there, Two terms o 
although the parties may reside in Grundy county, until after court each 
the passage of this act, and the election of officers takes place ^^" 
as provided for in this act. 

Sec 9. It shall be the duty of the school commissioner of School com»rB 

La Salle county to pay over and cause to be paid over fo the °^^^ ^^'^® *** 

1 , . •'. ' •'/.^ 1 . ju pay over mo- 

school commissioner ot Grundy county, as soon as there may [^i^g^ ^^ to 

be one appointed, all monies, papers, vouchers, &c. that hecommiss'rs of 

or they may have belonging to the said county of Grundy. Grundy 

« Approved, February 17, 1841. 



An ACT to create the County of Kendall, 

In force, Feb, 

Sec. 1. Be it enacted by the People of the State of Illinois, ^^' ^^'*^- 
represented in the General Assembly, That all that tract of land Boandariesof 
included within the following boundaries, to-wit: Commen- Kendall co. 
cing at the north-east corner of township number thirty-seven 
north, of range eight east, of the third principal meridian, 
running thence south eighteen miles, to the southeast cor- 
ner of township number thirty-five north, of said range, eight 
east of said meridian; running thence west eighteen miles, 
to the south-west corner of said township thirty-five north, 
of ratige number six, east of said meridian; running thence 
north eighteen miles, to the north-west corner of township 
numher thirty-seven north, of said range six, east of said me- 
ridian; running thence east eighteen miles to the place of 



7^ COUNTIES. 

beginning, shall constitute a county which shall be called and 
Election of ^f^^^wn by the name of Kendall county. 

county oflScers Sec. 2. An election shall beheld in the several precincts 
or parts of precincts within said county of Kendall, on the first 
Monday of April next, by the qualified voters of said county, 
for county officers, to-wit: for one sheriff, one coroner, one 
recorder, one county surveyor, one county treasu rer, one pro- 
bate justice, three county commissioners, and one clerk of the 
county commissioners' court, who shall hold their offices until 
Term of of- ^^^ '^^^^ ^^^^^®^^'^S i^^'^^''^^ election, and until their succes- 
fice. sors are elected and qualified; said election shall be conducted 

and the returns thereof made to the clerk of the county com- 
Returnsof e-missioners' court of La Salle county as in other cases, and said 
lection how clerk shall give certificates of election, and when said county 
officers are elected and qualified, the said county of Kendall 
Coanty when ^^all be duly organized; said election shall be held and con- 
organized, ducted in each of said precincts or parts of precincts by the 
judges thereof, in such manner as other elections are con- 
ducted in this State; and it shall be the duty of the clerks of 
Notice of e-the county commissioners' courts of the counties of La Salle 
lection. ^^jj Kane to issue all such notices for said election as are re- 

"' quired by law for holding elections in this State. 

In 9th judi- Sec. 3. Said county of Kendall shall be attached to the 
cial circuit, ninth judicial circuit, and the judge of said circuit shall fix 
the times for holding courts therein, two terms of which shall 
circuit court. ^® ^^^^ ^^ ^^^^ county annually, at such place as the county 
commissioners of Kendall county may direct, until the coun- 
ty seat shall be located as is hereinafter provided, and until 
suitable county buildings shall be erected; it shall be the du- 
ty of said commissioners to provide some suitable and conve- 
nient building in which said court may be held. 
RightB & pri- gj.(.^ 4^ 'fj^Q citizens of said county of Kendall are enti- 
tled in all respects to the same rights and privileges as are 
allowed in general to other counties in this State, and all 
Suits com- suits commenced in the circuit courts of La Salle and Kane 
ther counties." ^*^"'^^'®^ before the first day of April next, shall be determin- 
ed in said courts, the same as if this act had not passed. 
School com'ra ^^^' ^' The school commissioners of the counties of La 
to deliver o- Salle and Kane shall pay and deliver over to the school com- 
Terpapers,&cn^jssioner of Kendall county all the school fund belonging to 
the several townships in said county of Kendall, and all 
notes and mortgages pertaining to the same, so soon as the 
said county shall be organized, and the school commissioner 
be appointed and qualified according to law, together with 
all interest arising out of said money, that has not been here- 
tofore expended for schools within that part of La Salle and 
Kane counties hereby taken and constituted the county of 
,„ , , , Kendall. 

Com'rS to lo- r, a n i r ^ • , 1 r ■ • r 

oate county ^^c. D. for the purpose ot Jocalmg the seat of justice of 

eeat. said county of Kendall, the following named persons are 

hereby appointed commissioners, to-wit: John H. Harris, of 



COtJNTIES. 77 

Tazewell county, Eli A. Rider, of Cook county, and William 
E. Armstrong, of La Salle counly, who, or a majority of^. ^ , 
them, shall meet at the town of Yorkville, in said county, on of meeting, 
the first Monday in June, or within thirty days thereafter, 
and after being duly sworn by some justice of the peace, 
shall proceed to locate the seat of justice of said county at 
the most eligible and convenient point: Proxided, The said Provieo. 
commissioners shell obtain for said county from the claimant 
or owner of the land on which said seat of justice may be lo- 
cated, a quantity of not less than ten acres; a good and 
sufficient deed for such land shall be given or secured to 
the county commissioners of said county elected or to be 
elected, lor the use of said county, for the purpose of erecting 
county buildings. 

Sec. 7. The commissioners appointed to locate said coun- Pay of cora- 
tj seat, shall each be allowed the sum of three dollars permissionera. 
day for each day by them necessarily employed in the per- 
formance of that duty, to be paid out of the treasury of said 
county. This act to take effect from and after its passage. 

Approved, February 19, 1841, 



An ACT for the formation of the County of Richland. In force Feb. 

24 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois^ 

represented in the General Assembly, That all that tract of 
country within the following boundaries, to wit: Beginning ^?"j^°^^Y 
on the south line of Crawford county, where the range line county 
between ranges thirteen and fourteen west, strikes the same; 
thence south, with said range line, to the south line of Law- 
rence county; thence west, with said south county line, to the 
line dividing Lawrence and Edwards counties; thence north, 
with the last mentioned line, to the south line of Clay coun- 
ty; thence west, with said line, to the centre of the Little 
Wabash river; thence up the middle of said stream, to the 
mouth of the Muddy Fork thereof; thence up the centre of 
the Muddy Fork, to the line dividing townships number three 
and four; thence east, with said line, to the range line be- 
tween ranges eight and nine; thence north, with said range 
line, to the south line of Jasper county; and thence east, ' 
with said line, to the place of beginning, shall constitute a 
new county, to be called the county of Richland. 

Sec. 2. The county aforesaid is constituted upon the fol- PeopJe of 
lowing conditions: the people of the counties of Lawrence Lawrence &. 
and Clay, as they are now organized, shall meet at the sev- ^'^7 *° X"'® 

al places of holding elections for senator a«d representa- foJ^j^gjj^,!'^"^!- 



er 



lives to the General Assembly, in said counties^ on the first county 
Monday in June next, and proceed to vote in the same man- 
ner of voting for senator and representatives to the General 
Assembly, whether said county shall be constituted or not. 



78 COUNTIES. 

Notice of e- The judges of elections in said cointies shall give twenty 

lection days' notice of the time and place ot holding said elections, 

by posting up notices thereof, at six oi the most public pia- 

Poll books to ces in each of said counties; and on said day shall open a 

beopened. p^jj i^q^j^ ^^ each election precinct in said counties, in which 

they shall cause to be ruled two columns, in one of which 

they shall set down the votes given for tlie formatinn of said 

new county; and in the other column, the votes given against 

Election to be ji^ same; and said judges shall conduct said election and 

con-lucteu & , r r i i > r i 

returns made, make returns thereof, to the clerks ot the county commis- 
as in case of e-gioners' courts of Lawrence and Clay counties, as is now pro- 
members Gen ^^^^^ by ^^w in the case of elections for senator ar.d repre- 
Asserably sentatives to the General Assembly; and said returns shall ue 
' opened and counted in the same manner as required in such 

elections, and if a majority of all the votes given in each of 
r,ertificate to said counties, at said election, shall be in favor of the (orma- 
be forwarded ijon of said new county, a certificate thereof shall be made 
^Becretaryof 1^^ the clerks of the county commissioners' courts of said 
counties of Lawrence and Clay, under the seals of said 
courts, and transmitted by them to the office of the Secre'.ary of 
State, of Illinois, to be filed in his office as evidence of the 
formation of said county of Richland, and said clerks shall 
make a like certificate to be filed in their respective offices, 
Certificate which shall be made a matter of record at the nextsucceed- 
unade ^"' ing term of the county commissioners' court of each of said 
facts stated counties, which certificates shall be sufficient to prove the 
fact therein stated; afier which, said county shall be one of 
the counties of the State of Illmois. 
to be^estab- ^EC. 3. If Said county of Richland shall be constituted 
lished by as aforesaid, the legal voters of said county shall meet on the 
'"'® third Monday of June next, at the several places of holding 

_ . elections in said new county, and vote for the place where 

county seat. ^'^^ county seat of said county shall be located, on which day 
persons proposing to make donations for the several places 
proposed to be voted for, shall file with the judges of elec- 
tions of the several election precincts in said new county 
their v/rilten propositions which shall not be for less than 
ten acres of land at the place the seat of justice shall be lo- 
cated, and upon the person or persons offering the donation 
at the place receiving the greatest number of votes, making 
to the said county of Richland a good and sufficient convey- 
County coni-ance for the donation proposed to be given, such place shall 

™^®^''""®f°i'^^®: be the permanent seat of justice for said county, and said 
pose ol land , • i n ■ i- i /• ■ i •'. . 

donated donation shall be disposed ot by the county commissioners of 

said county, in such manner as they may think proper, re- 
serving necessary public grounds; and the proceeds arising 
from said donation, shall be exclusively used and for the erec- 
Election for tion of public buildings in said county. 

county ofii. Sec. 4. Should said county of Richland be constituted, 

*'®" according to the provisions of this act, said county sliall, on 

the first Monday of August next, elect all county officers for 

said county, to be commissioned and qualified as in other cases. 



COUNTIES. |^_ 79 

Sec. 5. Said county of Richland shall make d, part of the Richland Co. 
fourth judicial circuit, and so soon as said county shall be or-[,"^|"j^'"j"jP"| 
ganizcd, the clerk of the county commissioners' court of said circuit 
county shall notify the judge of the said circuit, and it shall 
be his duty to appoint a clerk and hold courts in said county, 
at such times as said judge shall appoint, or shall be pro- Judge to ai>. 

vided bylaw: said courts to be held at such place as the H"' """^ ^f 
•' '. . /- • 1 . 1 II I Ml holding court 

county commissioners or said county shall provide, until pub- 
lic buildings shall be erected. 

Sec 6. The school funds belonging to the several town- School funds 
ships in said county, and all notes and mortgages pertaining ^^°^'^l^P^^^^°j 
to the same, shall be paid and delivered over to the school comiuis'rs of 
commissioner of the county of Richland, by the school com- Lawrence & 
missioners of the councies of Lawrence and Clay, so soon as ^^'^^ coumieg 
the said county of Richland shall be organized, and the com- 
missioner of school lands shall be appointed and qualified ac- 
cording to law; together with all interest arising out of said 
money that may not have been expended. 

Sec 7. That, until otherwise provided by law, that por- Election for 

tion of Richland county taken off Lawrence, and that por- ^^"^'°^,'^„^®" 

1 m r^, 1,1 • -11 i- presentative. 

tion taken off Clay, shall continue to vote with the counties 

they were taken off of, for senator and representatives to 

the General Assembly. 

Skc. 8. That the passage of this act shall in no wise al- Taxes 

ter or effect the assessment of property, or the collection of 

taxes in the counties of Lawrence and Clay, as the same are 

now organized for the year one thousand eight hundred and 

forty one. Bat should the said county of Richland be or- Duty of coun- 

ganized in pursuance to the provisions of this act, the coun-'J commiss'ra 

r • • 1 t r ju 4- c T ' J courts of Law- 

ty commissioners courts of the counties of Lawrence and ^.^j^^g ^ Qjay 
Clay, shall immediately, after the settlement of the collec- as lo taxes, 
tors of their respective counties, order that portion of taxes 
collected from citizens residing in that portion of Richland 
county taken off their lespective counties after deducting a 
proportionate amount for the assessment and collection of the 
same, to be paid into the county treasury of Richland coun- 
ty- 

Sec. 9. The returns of the election for county officers ^^^^^^^3 ^^^ 
to be held on the first Monday in August next, and the re-ieciiou how 
turns ol the election for the purpose of fixing the permanent "^-^^^ 
seat of justice of said county, shall be made to Samuel R. 
Lowry, James Laws, and Joshua L. Johnston, who are here- 
by authorized and required to open the same and make re- 
turns thereof, in the same manner as clerks of county 
commissioners' courts and justices of the peace, called to 
their assistance in ordiriary cases, are required to do. 

Approved, February 24, 184L 



80 « COUNTIES. • 

** 

In force Feb. iAn ACT to extend the limits of Bond County. 

19, 1841. * 

S EC. 1 . Be it enacted by the People of the State of Illinois^ re- 
presented in the General Assembly^ That all that tract of 
Townships country included within the following boundaries, namely: 
added ts Bond commencing at the north-west corner of township six north, 
county range four west, of the third principal meridian; thence 

west, three miles on the township line, between six and 
seven north, to the north-west corner of section three, town- 
ship 3ix north, range five west; thence south, on that section- 
al line, to the south-west corner of section thirty-four, town- 
ship four north, range five west; thence east to the south- 
west corner of Bond county, be attached to, and form a part 
of the county of Bond. 
To be decided ^^^' ^* That there shall be an election held at the Louse 
by vote of in- of John Charter, in said boundaries, on the first Monday of ^ 
habitants of April next, and if a majority of the votes given by the legal 
towns ips voters in said boundaries, shall be given in favor of being 
attached to Bond county, then and in that case it shall be so 
Judges of e- attached, otherwise it shall remain a part of Madison county; 
anointed ^^^ election shall be conducted by three judges to be ap- 
pointed by the voters of the boundaries on the day of said 
election; the judges when chosen by vote shall be qualified 
by some person authorized to administer oaths, and when 'so 
qualified, shall conduct the election according to the election 
Returns oT e- laws of this State; said judges shall make separate returns 
lection to the clerks of the county commissioners' courts of the coun- 

ties of Madison and Bond. 

Approved, Fehruary 19, 1841 . 



In force Feb. ^^ ACT to establish the County of Okaw . 

24, 184l' 

Sec. 1. Be it enacted by the People of the State of IllinoiSf 
represented in the General Assembly, That all that tract of 
country lying within the following boundaries, to-wit: Begin- 

Boundaries of ning at the north-east corner of town fifteen north, range six, 

the county of east of the third principal meridian; thence west to the north- 
^^' west corner of section three, town fifteen north, range four 

east; thence south to the south-west corner of section fifteen, 
in township fifteen north, range four east; thence west to the 
north-west corner of section nineteen, ol town fifteen north, 
range four east; thence south to the south-west corner of town- 
ship fifteen north, range four east; thence west to the north- 
west corner of section three, of town fourteen north, range 
three east; thence south, to the south-west corner of the 
north-west quarter of section ten, township thirteen, range 
three east; thence east to the south-west corner of the north- 
west quarter of section ten, in town thirteen, range four; 
thence •hth one half mile; thence east one mile; thence south 
one mile; thence east two miles to the range line between 



COUNTIES. ■' 8 1 

ranges four and five east; thence south one mile to the south- 
west corner of section nineteen, town thirteen, range five; 
thence, bj a direct fine south-eastwardly, to the soutii-west 
corner of section twentj-two, town twelve, range six east; 
thence east to the range line, between ranges six and seven 
east; thence north to the place of beginning, shall constitute 
a new county to be called Okaw. 

Sec. 2. The legal voters residing within the aforesaid Eleciion of 
boundaries, shall meet at the usual places of holding elections ^°- oncers. 
on the first Monday in September next, and proceed to elect 
one sheriff", one coroner, one recorder, one county surveyor, 
one probate justice, one clerk of the county commissioners' 
court, one treasurer, and three county commissioners. The 
person receiving the highest number of votes for county com- Term of oflBce 
missioner shall remain in office for two years from the first °^ ^°" *^°'"'"- 
Monday in August next; the person receiving the second high- 
est vote for commissioner shall remain in office for one year 
from the first Monday in August next, and the person receiving 
the lowest vote for commissioner shall remain in office until 
the first Monday in August next. The other county officers 
shall hold their offices until the next succeeding general elec- 
tion, and until their successors are elected and qualified. 

Sec. 3. For the purpose of permanently locating the seat To vote for 
of justice of said county, the legal voters thereof shall at the county seat, 
same time and places named in the preceding section, pro- 
ceed to vote for a place or places whereat to locate the same, 
and the place receiving a majority of all the votes given, 
shall be the permanent seat of justice of said county: P?'o?;i- Proviso. 
ded, That if more than two places shall be voted for, and no 
one place shall receive a majority of all the votes given at 
said election, a new election shall be held within thirty days 
after the first, and none other than the two places receiving 
the highest number at the first election shall be voted for at 
such second election, and the place receiving a majority of all 
the votes given at the second election shall be ihe permanent 
seat of justice of said county. 

Sec. 4. The judges of election residing within the boun- 
daries of the county of Okaw, shall conduct the elections pro- 
vided for by this act in all respects agreeable to the laws regu- 
lating elections, and shall make return of the poll books of „ 
their respective precincts, within five days after the election, elections. 
to Abraham H. Keller, Wm. Thomason, David Patterson, 
and James Elder, acting justices of the peace, and the said 
justices, or a majority of them, shall meet at tbe house of 
James Camfield, within ten days after the said election; and 
it shall be the dutyofthe said justices of the peace, toopcn and 
compare the poll books, to make out and deliver certificates Certificate of 
to the persons elected, and to return an abstract to the Secre-^ ^^''^°°' 
tary of State, in the same manner as is now required of the 
clerks of county commissioners' courts in like cases. 
6 



82 COUNTIES. 

Donation to Sec. 5. Should the seat of justice be located at the village 
be made at co. of Glascow, the proprietor or proprietors shall donate not less- 
^^^^- than one half the unsold lots in said village, and in such man- 

^ ner as to embrace one entire block, towards the west side of 

'■ the town plat, and on which the public buildings shall be 

erected, and forty acres of land in a square form adjoining the 
town plat on the west side thereof, to be selected by the 
county commissioners, and for which town lots and land a 
deed of general warranty shall be made to the county com- 
missioners and their successors in office; but should the seat 
of justice be located on land not laid oft' into town lots the 
owner shall donate to the county, not less than forty acres in 
a square form, and on which the public buildings shall be 
erected. 
^■oticeofsa5e ^EC. G. The county commissioners shall, so soon as may 
of town lots, be, after receiving a title to donations of land as aforesaid, 
proceed to lay off the same into town lots, and sell the same, 
or any town lots that may be donated, either at public or at 
private sale at such times and in such numbers as to them may 
appear for the best interest of the county, always giving at 
least six weeks' notice of any public sale; the sales may be 
made on a credit, payable in equal instalments of six, twelve, 
and eighteen months, by the commissioners taking bond with 
approved security and a mortgage on the premises sold. The 
money arising from the sales of town lots, shall be appropri- 
ated to the erection of public buildings and defraying the ne- 
cessary expenses of surveying and making sales. 
, ... Sec. 7. It shall be the duty of the county commissioners 
ings° ■*" "^ "to erect suitable public buildings as soon as may be after mak- 
ing sales of town lots, as provided for in the preceding sec- 
tion, and until such buildings are erected, the said courts for 
said county shall be held at the house ot James Camfield, un- 
less the commissioners should otherwise direct. 

Sec 8. The county commissioners shall meet as a court 
County ^ court ^^-^l^^j^ j^gj^^y j^yg g^jlgj, their election, shall proceed to lay 

lay off town off their county into justices' districts, appoint a school com- 
lota. missioner for the county, and transact such other county bu- 

siness as may be deemed necessary. 
Notice of time Sec. 9. It shall be the duty ot the justices of the peace 
and place of named in this act, to give at least twenty days' public notice 
eleetion,; ^f ^^^ ^^^^ ^^^ places of holding the election provided for in 
this act, by posting up notices in at least six public places in 
said county. 

Sec. 10. The school funds belonging to the several town- 
School fundgijjpg jj^ said county, toffsther with all interest arisine; from 
to com'r ofsaid monies, and now in the hands of the school commission- 
Okaw. ers of Shelby and Macon counties, and all notes and mortga- 

ges appertaining to the same, shall be paid and delivered over 
to the school commissioner of said county of Okaw, as soon 



COUNTIES. 83 

as the county shall be organized and a school commissioner 
appointed and qualified according to law. 

Sec. 11. It shall be the duty of the clerk of the county Jime of hoM- 
commissioners' court, as soon as maybe after the election of^'J^^ circuit 
county officers, to inform the judge of the eighth judicial cir- 
cuit, that the county is organized, and the said judge shall ap- 
point a clerk, and fix the time for holding the circuit court, Okaw in 8th 
and said county shall form a part of the eighth judicial circuit,"'"''""' 
and shall vote for senators and representatives for the General g,^^jj 
Assembly with the countiesof Shelby and Macon, the same as with Shelby «k 
if no division of said counties had taken place, and the clerk Macon for 
of the county commissioners' court shall return abstracts of ^g"'^^"'" ^""^ 
said elections to the clerks of the county commissioners' courts 
of Shelby and Macon counties until otherwise provided by 
law. 

Sec. 12. The county commissioners' court of the county r> 
/•/-»! 1 n I • /^ i ■ • "^ rroportion ol 

01 Ukaw, shall, at their first term, appomt one or more suita- court house 

ble persons to meet with the county commissioners of Macon debtofMaoon 
county, at their June term, one thousand eight hundred and '^''•^^^ P'^^'^- 
forty-one, and ascertain the proportion of the court house 
debt of Macon county, which, the inhabitants taken from Ma- 
con and forming a part of Okaw county have agreed by their 
petition to pay, and in the apportionment and payment of the 
said money the commissioners of Macon and Okaw counties 
shall be governed in all respects according to the provisions 
of the eleventh section of the act entitled "An act for the 
formation of Piatt county." 

Sec. 13. The money to be paid by the counties of Piatt ^°^^J 'o b© 
and Okaw to the county commissioners of Macon county, of ^ pi/^ °and 
shall be raised by additional assessment on the inhabitants Okaw, how 
within the boundaries taken from the county of Macon, so^'^^^®'^ 
that the inhabitants taken from De Witt and Shelby coun- 
ties, and forming a part of the counties of Piatt and Okaw, 
shall not be required to pay any portion of the said indebted- 
ness to the county of Macon, any law to the contrary notwith- 
standing. 

Sec 14. It shall be the duty of the clerk of the county 
commissioners' court of Shelby county to enter of record the Votes for and 
highest number of votes given on the first* Monday in August ^g'linst for- 
next in said county, and if a majority of all the votes given, ™^ok" °^ ^^ 
shall be given against the formation of the county of Okaw, 
then the provisions of this act shall not take eflfect, otherwise 
to remain in full force. 

Approved i February 24, 1841. 



84 COUNTIES. 

An ACT to amend an act entitled "An act to create the county of Bureau 

In forcG fsb. 
25, 1841. Sec. 1. Be it enacted by the People of the State of Illinois,' 

represented in the General Assembly, That the corporate au- 
Trustees of thorities of the town of Princeton, in the county of Bureau, 
Princeton ^g hereby authorized to extend the time of levying a tax 
upon real estate within the corporate limits of the town 
of Princeton for the term of two years beyond the time con- 
templated in the tirst section of the act to which this is an 
amendment, any thin^ in the said tirst section to the contra- 
ry notwithstanding. 

Approved, February 25, 1841. 



may ex 
time of levy 
ing tax 



In force Feb. 
27, 1841. 

Boundariea. 



Election 
officerB. 



of 



JarisdictioD. 



An ACT for the formation of the county of Woodford . 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That all that section of 
country situated within the following boundaries, to-wit: 
Beginning at the south-west corner of Livingston county, 
thence on a straight line to the north-west corner of the 
south-west quarter of section twenty, townships twenty-five 
north, range one east of the third principal meridian; thence 
south to the north-west corner of the south-west quarter of 
section twenty-nine, township and range aforesaid; thence 
west to the Tazewell county line; thence north one and a half 
miles; thence west to the centre of township twenty-five 
north, range two west, of the third principal meridian; 
thence north to the line between townships twenty-six and 
twenty-seven; thence west to the Illinois river; thence with 
said river to the north-west corner of Tazewell county; 
thence with the northern boundary of Tazewell and McLean 
counties to Livingston county; thence south to the place of 
beginning; which shall constitute a county to be called 
Woodford. 

Sec. 2. There shall be an election held on the second 
Monday in April next, at the town of Versailles, and at each 
of the places of voting for justices of the peace and consta- 
bles in the limits of the said county of Woodford. The elec- 
tion shall be conducted by the present judges of elections in 
said county, who have been appointed by the counties of 
Tazewell and McLean, in accordance with the election laws 
of this State, at which election the legal voters of the said 
county of Woodford, shall elect all county officers for said 
county, who shall be qualified and commissioned as similar 
officers are of other counties of this State. Said officers, so 
elected and qualified, shall hold their oflices until the next 
ensuing general election for such officers now provided by law 
and shall have the same jurisdiction and discharge all the du- 
ties within the limits of the said county of Woodford, that are 



COUNTIES. 



85 



required by law of similar officers of other counties of this 
State. 

Sec. 3. Within five days after said election, the judges poli books 
of elections at the different places of voting, shall return the when return- 
poll books of said election to the town of Vei sailles, in said® " 
county, directed to Matthew Bracken, John W. Brown, and 
Morgan Buckingham, three acting justices of the peace 
within the limits of said county; and the said justices shall 
meet in the said town of Versailles, within seven days after 
said election, and proceed to open said election returns, and 
do and perform all the duties in relation to said returns that 
now are required of clerks of county commissioners' courts 
by law in relation to similar returns. 

Sec. 4. As soon as the county officers shall have beenJudg^e of 8th 
elected and qualified as provided Yor in this act, the county "JJJJ'^^^j^^^P- 
shall be considered organized, and the clerk of the county com- 
missioners' court shall give notice of the same to the judge of 
the eighth judicial circuit, who shall appoint a clerk of the cir- 
cuit court, and hold courts in the said county, at the town of 
Versailles, until the county seat of said county shall be loca- 
ted as hereinafter provided for. Said county of Woodford 
shall form a part of the eighth judicial circuit until otherwise 
provided by law. 

Sec. 5. Suits and indictments that have been commenced Suits corn- 
er may hereafter be commenced, in the circuit courts of ™igposed of?^ 
Tazewell or McLean counties, by any of the citizens living 
in the limits of the countv of Woodford, before the organiza- 
tion thereof, shall not be affected by this act; but all suits, so 
commenced, shall be decided in the circuit courts of the 
counties of Tazewell or McLean, where they originated. 

Sec 6. All justices of the peace and constables elected ^.^^ ^ officers 
in the counties of Tazewell or McLean, who reside in the jgc^gj („ hold 
limits of the county of Woodford, shall hold their offices and their offices. 
have jurisdiction in the said county of Woodford, as though 
they had been originally elected in said county. 

Sec 7. The school funds belonging to the several town- School fund 
ships in said county, and all notes and mortgages pertaining °^ county 
to the same, shall be paid and delivered over to the school com- 
missioner of the county of Woodford, by the school commis- 
sioners of the counties of Tazewell and McLean, so soon as 
said county shall be organized, and the commissioner of 
school lands appointed and qualified according to law; togeth- 
er with all interest arisingout of said money that has not been 
heretofore expended for school purposes in those parts of 
Tazewell and McLean counties, now included in the county 
of Woodford. 

Sec 8- The seat of justice of said county shall be tempo- Temporarj 
rarily located in the town of Versailles for the term of two '°°^'^°" ^^ 
years from and after the organization of said county: Provi- p. / ^^^ 
ded^ The inhabitants of said town furnish a good and suitable 
house for holding courts and for other public business, free of 



86 COUNTIES. 

charge; to said county; but on their failing to comply with 
said condition, the county commissioners may remove the 
same to such place where suitable buildings can be procured. 
It shall be the duty of the clerk of the county commissioners' 
Notice of el- court to issue writs of election to the judges of elections in the 
ection by elk. ggyeral precincts of said county to hold an election, to be 
governed in all respects by the laws of this State in relation 
to the election of members of the General Assembly, within 
thirty days from and after the expiration of the above said 
Election for j.^^ years, to locate and establish the seat of justice. The 
place receiving a majority of all the votes polled shall be the 
permanent seat of justice of Woodford county, but if more 
than one place shall have been voted for, and no one having 
received a majority of all the legal votes polled, the clerk 
aforesaid shall issue writs of election, as in the first case, for 
a second election, within twenty days from the first election, 
but no place or places shall be voted for but the two having re- 
ceived the greatest number of votes at the first elrction; nor 
shall any place be voted for in either case, unless the propria 
. etor or proprietors shall have first deposited a bond or bonds, 

county seat ^^^ ^^ least fifteen hundred dollars, with good and sufficient 
security, in the office of the clerk of the county commission- 
ers' court, for the payment and discharge of such donations as- 
may be offered, which shall be collected by the county com- 
missioners and applied to the erection of public buildings. 
Debt of Mc- Sec. 9. The county commissioners of the county of 
Lean county ^qqJ^qp^j^ g[^gj| .^^ their December term, in the year one 
^ ^ ^ thousand eight hundred and forty-one, and at their December 
term annually thereafter, pay out of the county treasury 
the sum of ninety-five dollars, which sum shall be paid as 
their portion of the interest due by the county of McLean on 
the court house debt, and the county commissioners shall 
also pay after the year one thousand eight hundred and for- 
ty-four, in two equal annual instalments, the sum of twelve 
hundred dollars, as their respective portion of the principal 
of the aforesaid debt; and when the provisions of this section 
are fully complied with, the said county of Woodford shall be 
exempt from a'l further liabilities to the county of McLean: 
Proviso Provided,, however, That the revenue necessary to pay the 

above principal and interest shall be collected from the in- 
habitants within that part of Woodford county which is set 
off from the county of McLean. 
Woodford to Sec. 10. The legal voters residing within the boundaries 
Lean^Vaze-*^^ ^^® county of Woodford, shall continue to role for sena- 
wellfor sena-tors and representatives with the counties of McLean and 
tor and repre- Tazewell, the samc as if no division of said counties had taken 
senia ives place; and the returns of said elections shall be made to the 
clerks of the county commissioners' courts of Tazewell and 
McLean respectively. The circuit court shall be held in 
said county, at such times as the judge of the eighth judicial 
circuit may hereafter appoint, until otherwise provided by 
law. Approved, February 27, 184L 



COUNTIES. S7 

An ACT for the formation of the County of Allen. In force Feb. 

•27, 1841. 

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

represented in the General Assembly^ That ali that tract of 
country lying within the following boundaries, to wit: Be- 
ginning at the north-west corner of Macoupin county, run- 
ning due south, six miles, to the south-west corner of sec- 
tion thirty-one, township twelve north, range nine west; 
thence due east, twenty miles to the south-east corner of sec- 
tion thirty-two, township twelve north, range six west; 
thence due north, six miles, to the south-east corner of sec- ^ 

tion thirty-two, township thirteen north, range six west; 
thence due west, to the south-east corner of section thirty- 
six, township thirteen norch, range seven west; thence due 
north on the range line, between ranges six and seven, to 
the middle of township fifteen north, on the range line be- 
tween ranges six and seven; thence twelve miles due west, 
to the north-east corner of section twenty-four, township 
fifteen north, range nine west; thence due south five miles, 
to the north-east corner of section thirteen, township four- 
teen north, range nine west; thence due west, two miles; 
thence due south, one mile; thence west, one mile; thence 
south, three miles; thence west, three miles, to the north- 
west corner of section six, township thirteen north, range 
nine west; thence due south six miles, to the place of be- 
ginning, all west of the third principal meridian, shall form 
and constitute the county of Allen. 

Sec. 2. There shall be an election held at the different Election for 
places of voting for justices of the peace and constables, in ^''""^y ^^• 
the limits of said count}' of Allen; the election shall be con- 
ducted by the present judges of election in said county, who 
have been appointed by the counties of Morgan, Macoupin, 
and Sangamon, according to the election laws of this State; 
at which election, the legal voters of the county of Allen 
shall elect all county officers for the county, who shall be 
qualified and commissioned as similar officers are in other 
counties of this State; said officers so selected and qualified, 
shall hold their offices until the next ensuing regular election Term of office 
for such officers, now provided by law, and shall have the 
same jurisdiction and discharge al! the duties in the nmits of 
the county of Allen, that are required by law of similar of- 
ficers in other counties of this State, said election to be held 
on the first Monday in September next. 

Sec. 3. Within five days after said election, the judges Election re- 
of election, at the different places of voting, shall return the turns to whom 
poll books of said election to the town cf Waverly, direct- ™^'^ 
ed to John T. Webb, F. R. Starr, and John Scott, three ac- 
ting justices of the peace in the limits of said county; and 
the said justices shall meet in the town of Waverly, within 
seven days after said election, and proceed to open said elec- 
tion returns, and to do and perform all the duties in relation 



88 COUNTIES. 

to said returns that are required byl law of the clerks of 
county commissioners' courts in relation to similar returns. 
Whenconsid- Sec. 4. As soon as the county officers shall have been 
ered orgfini- elected and qualified, as provided for in this act, the county 
^^'^ shall be considered organized, and the cleik of the county 

commissioners' court shall give notice of the same to the 
Judge of 1st judge of the first judicial circuit, who shall appoint a clerk . 
circuit 10 up- Qf (.j^g circuit court, and shall hold courts in the said county 
poin c . c. ^^ ^^^^ place as may be provided and designated by the 
county commissioners of said county, until the county seat 
^ of said county shall be located as hereinafter provided forj 

said county of Allen shall form a part of the firsi judicial cir- 
cuit until otherwise directed by law. 
Suits hereto- Sec. 5. Suits and indictments that have been commen- 
tore commeri- ^g^^ ^j, ^^^y hereafter be commenced in the circuit courts of 
the counties of Sangamon, Morgan or Macoupin, by any of 
the citizens living in the limits of the county of Allen, be- 
fore the organization thereof, shall not be effected by this act, 
but all such suits so commenced, shall be decided in the cir- 
cuit court in the county where they w^ere commenced. 
Officers here- Sec. 6. All justices of the peace and constables elected 
to^hoV'offic^ ^^ ^^^^ counties of Sangamon, Morgan or Macoupin, who re- 
side in the limits of Allen, shall hold their offices and have 
jurisdiction in the said county of Allen, as though they had 
been originally elected in the said county. 
School fund gj-f,^ 7^ The school funds belonging to the several town- 
ships in the said county of Allen, and all notes and mort- 
gages pertaining to the same, shall be paid and delivered over 
to the school commissioner of the county of Allen, by the 
school commissioners of the counties of Sangamon, Morgan 
and Macoupin, so soon as the said county shall be organi- 
zed, ai:id the commissioner of school lands appointed and 
qualified according to law, together with all interest arising 
out of said money that has not been heretofore expended for 
school purposes in those parts of the counties of Sangamon, 
Morgan and Macoupin, now included in the county of Allen. 
Election for Skc. 8. At the time and places of voting for county of- 
county seat fi^-gj-g^ ag provided for in this act, the judges of election shall 
cause three columns to be ruled on the poll books of said 
election; at the head of each of said columns, a separate place 
shall be entered as a candidate for the county seat of the said 
county of Allen, the places to be agreed upon by the voters 
of said county in any number they njay see proper to decide 
upon thai question previous to the vote being taken for said 
county seat; all the legal voters of the county of Allen shall 
be allowed to vote for one of the jjlaces designated on the 
poll books as a candidate for the county seat, and after the 
poll books shall have been opened and counted, as provided 
in the second section of this act, if it shall appear that either 
of the three points has received a majority of all the votes 
given for the location of the county scat, the place so re- 



COUNTIES. 



ceiving a majority of votes, shall be and remain the perma- 
nent seat ot justice for said county of Allen, upon the con- 
ditions hereinafter provided; but if, on the votes being count- 
ed, it shall appear that no one of the three places voted for 
shall not have received a majority of all the votes given, the 
three justices of the peace mentioned in this act, shall cause 
notice to be given to the judges of election at the different 
places of voting in the county of Allen, and designate in 
said notices a day upon which to hold a second election for ? !f '!!!!! 

r r ■ • r • i i • i r^^^ COUntV 

the location oi a seat oi justice tor said county; the judges oi seat, 
election on receiving said notice from the justices of the 
peace, shall proceed to give public notice of said election, by 
posting up M^ritten notices in fojr of the most public places 
in their respective districts, and the said judges of election 
shall attend on the day of election, and cause a poll to be 
opened with two columns ruled, at the head of which shall 
be entered the two places which shall have received the 
highest number of votes for the county seat at the first elec- 
tion, and receive and cause to be recorded all the legal votes 
of persons living within the limits of the county of Allen, 
for their respective choices for the permanent location of the 
county seat for said county; and within three days after said 
election, the judges of election shall return their poll books 
to the town of Wnverly, directed to the three justices of the Returns of e- 
peace mentioned in this act, and the said justices shall meetj^^jg ^ 
in the town oi Waverly within five days after said election, 
and open and count the votes, and the place having received 
a majority of all the votes given, shall be and remain the 
permanent seat of justice of Allen county, under the pro- 
visions set forth in the following section of this act; the pro- 
visions of said section shall apply to the location of the county 
seat whether located at the first or second election provided 
for in this act. 

Sec. 9. If the county seat shall be located on private Donation to 
property, the owner or owners thereof, shall convey to said county seat 
county a sufficient sum, either in land or money, or both, to 
erect the necessary public buildings; and if the owner or own- 
ers of the property upon which said location shall be made, 
shall fail or refuse to convey to said county a sufficiency as 
aforesaid, then the county commissioners of said county shall 
proceed to relocate the county seat upon the nearest eligible 
site to said first location that can be obtained, and a proper 
donation made by the owner or owners of the property upon 
which said location shall be made by the county commission- 
ers, and the county commissioners shall do and perform all 
acts that are necessary in laying out a town, and selling lots, 
and procuring the erection of public buildings at the county 
seat when the same shall have been located under the pro- 
visions of this act. 

Skc. 10. At the election to be held for members of Con- 
gress on the first Monday in August next, the judges of elec' 



yir COUNTIES. 

Vote for or a- tion in the counties of Sangamon, Morgan, and Macoupin, 
fion" oV county ^'^^^^ ''^'^ ^^^ columns on their poll books, one for and the 
other against the formation of the county of Allen, and re- 
ceive, and cause to be recorded, all the legal votes offered 
for or against the formation of said county^ and return the 
Returns made ^^'"^ with the poll books, to the office of the Secretary of 
to Secretary State. It is hereby made the duty of the Secretary of State, 
of State. within ten days after the said returns are made to his office, 
to proceed to count the votes given, both for, and against the 
formation of tho county of Allen, and if it shall appear that 
a majority of all the votes given in each of said counties, 
Notice by Se- for or against said county, are in favor of its formation, then 
State'of form- ^^ ^^'^ Secretary shall cause notice thereof to be given in 
ation of coun-the paper of the public printer: and said county shall be or- 
*y- ganized as provided for in this act, otherwise this act shall be 

null and void. Approved, February 27, 1841. 



In force Feb. ^^ ACT supplemental to an act for the formation of the County of 
27, 1841. Mason. 

Additional Sec. 1. Be it enacted bt/ the People of the State of Illinois, 

polls to be o- represented in the General Assembly, That polls shall be open- 
P®"® ed at the town of Lynchburg, and at the house of James 

Walker, (in Walker's Grove,) in the county of Mason, at the 
same time, and for the same objects, and under the same 
regulations as provided for at the town of Havana, by the 
act to which this is supplemental. 

Approved, February 27, 1841. 



In force Feb. An ACT to extend the boundaries of the County of Carroll. 

27, 1841. 

,. . Sec. 1. Beit enacted by the People of the State of Illinois, 

Carroll coun- '"^/"'^^^^'^ ^^ ^^'■^ General Assembly, That the east half of 
ly townships twenty-three, twenty-four and twenty-five north, 

in range seven east of the fourth principal meridian, shall 
hereafter be attached to and form a part of the county of 
Carroll. 
Officersin ad- Sec. 2. Justices of the peace and constables residing^ 
dition to re- within the aforesaid boundaries shall continue in office and 
shall have and exercise the same jurisdiction as other justices 
and constables within the original boundaries of the county 
Proviso. of Carroll: Provided, however, That the qualified voters resi- 
ding within the limits hereby proposed to be attached to the 
Election for county of Carroll, shall at the next August election vote for 
or against be- or against being so attached, and if a majority of said voters 
ing attached gj^Q^j^j yQ^.Q f^^ ^^e same, then the limits of the county of Car- 
roll shall be as above declared, and if the majority should 
not so vote, then the limits of said county shall be and re- 
main as heretofore. Approved, February 27, 1841. 



COUNTY COURTS. 



91 



An ACT Btipplementary to an act entitled "An act for the formation of j^^ force Feb 
Piatt County. 27, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois^ Additional 
represented in the General Assembly^ That all money which *'^''**'P^y™°* 
is required by the act to which this is a supplement, to be °^^^ 
paid by the county commissioners of Piatt county to the 
county of Macon, shall be raised by additional assessment 
from the inhabitants within the boundaries taken from the 
county of Macon, so that the inhabitants taken from that part 
ofDe Witt which forms a part of Piatt county, shall not be 
required to pay any portion of the said indebtedness to the 
county of Macon, any provisions contained in the act to 
which this is a supplement to the contrary notwithstanding. 

Approved^ February 27, 1841. 



An ACT authorizing the County Commissioners of Monroe County to jjj /•„-„_ pgt 
borrow money for certain purposes. yj \oa\ 

Sec. 1. Be it cnactedby the People of the State of Illinois, „ 

y 1 J J ' \ ountv com* 

represented in the General Assembly, That the county commis-mips'rsantho- 
sioners of Monroe county are hereby authorized to borrow rized to bor- 
from any person or persons a sum of money sufficient to re-'"°^™°°®y 
deem all orders issued by said county commissioners for the 
purpose of erecting public buildings. 

Sec. 2. The commissioners of said county are empower- ^°™'" ™*y 
ed to execute any notes or bonds, bearing interest not ex-ofbon^g 
ceeding twelve per cent, per annum, for the purpose of car- 
rying out this act, which notes or bonds shall be binding on 
the people of said county of Monroe. 

Approved, February 17, 184L 



An ACT to authorize the County Commissioners of Jefferson County to t /. ^^ . 

borrow „o„e,. '"l^JsiL"" 

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

represented in the General Assembly, That the county com- may boiTow 
missioners of Jefferson county, be, asd they are hereby au- money 
thorized and empowered, (if they shall deem it expedient,) to 
borrow any sum of money not exceeding five thousand dol- 
lars, at any rate of interest to be agreed upon, not exceeding 
twelve per cent, per annum. 

Sec 2. The county commissioners' court of said county Payment of 
shall have power to make and execute, or cause to be made P"°<^ipal *°<J 
and executed, any and all contracts, agreements or other in- 
struments in writing, for the payment of interest and princi- 
pal, which may be found necessary to carry into effect the 
provisions oi this act, and the money so borrowed shall be by 
said court faithfully applied to the payment of the debts of 
said county. 



92 COUNTY COURT&. 

Sec. 3. This act shall take effect and be in force from and 
after its passage. 

Approved^ February 19, 1S41. 



f u An ACT to authorize the election of an additional County Commissioner 

n '''fi. . for Henderson county. 

19, 1841. ■' 

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

county coai>T resented in the General Assembly, Thai on the first Monday in 
to be elected ^ugygt ^ext there shall be elected in the county of Henderson, 
one county commissioner for said county in addition to the num- 
bers already provided to be elected by the act entitled "An act 
creating the county of Henderson," approved January [twen- 
'^®'"'" °f°®°®tieth] one thousand eight hundred and forty-one, who shall 
hold his office for one year from and after the first Monday in 
August next as aforesaid, and thereafter elections for county 
commissioners shall be held, notice given, and returns there- 
;' of made in the same manner as now required by law. 

Approved, February 19, 1841. 



An ACT to authorize the County Commissioners of Tazewell County to 

^V?"^?^., lease certain offices, 

26, 1841. 

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

may [ease^of- represented in the General Assembly, That the county com- 
fices. missioners' court of the county of Tazew^ell are hereby au- 

thorized to lease such vacant room or rooms, as offices, as 
may be in the court house of said county, and not occupied 
by and furnished for the several court offices as required by 
law for any time not exceeding one year, and for such rent or 
rents as they may think right and proper. 
€ourt house ^*^^* ^' ^he county commissioners of said county shall 
in care of Co. have the care and custody of the court house in said county, 
commias'rs any law to the contrary notwithstanding. 

Approved, February 26, 1841. 



An ACT to authorize the county commissioners of Pike county to execute 
In force, Feb. a certain conveyance. 

27, 1841. 

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

On apphca- represented in the General Assembly^ That the county com- 
tion of per- ^ . „ , , , r ti-i "^ i i .u • j j 

sons, county iTfiissioners ot the county of Fike are riereby autriorized and 

commis'rs to required, if they shall deem it expedient and proper, when- 

deed lot g^gj. ^|^g persons composing the society of the first presbyte- 

rian church, in Pittsfield, in said county, and William Ross 

shall request the same, to convey to such persons or persons 

as the persons aforesaid may direct, a lot of ground in Pitts- 

£eld, conveyed by the said William Ross to the county com- 



COUNTY SEATS. 



93 



missioners of said county, in trust for the uses of the first 
presbyterian church and society in Pittsfield, and such con- 
veyance shall operate to divest the legal title, and release all 
claim and interest of the county in and to the said lot, and 
shall be effectual to the passing of the same: Provided^ however. Proviso, 
That neither said commissioners or the county of Pike shall 
be responsible for the title to said lot. 

Approved, February 27, 1841. 



. In force, Jan, 

An ACT to authorize the county commissioners of Christian county to 26. 1841. 
borrow money. 

Sec. 1. Be it enacted by the People of the State of Illinois^ thorized to be 
represented in the Genetal Assembly, That the county com- I'orrowed 
missioners of Christian county are hereby authorized to bor- 
row twenty-four hundred dollars, to pay for the building of 
the court house in the county aforesaid. Interest 

Sec '2. The commissioners are not hereby authorized to 
pay more than twelve per cent, interest per annum. 

Approved, January 26, 1841. 



In force, Jan, 
An ACT to legalize the acts of the commissioners of Jasper county. 26 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, f ""'^^o^,*;"""} 
represented in the General Assembly, That the acts of the jggper valid. 
county commissioners of the county of Jasper, in relation to Collector to 
the assessment and collection of the county and State tax for^^^PP°^°' 
the year of our Lord, one thousand eight hundred and thirty- 
nine, be,[;and the same are hereby legalized, and the county 
commissioners' court for the said county are hereby authorized 
to appoint a county collector, to collect the county and State 
tax for the year aforesaid. Approved, January 26, 1841. 



An ACT declaring the town of Benton the permanent seat of justice for In force Jan. 
■1 the county of Franklin. 7, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois^ sea*t of justice 
represented in the General Assembly, That from and after the 
first day of March, in the year of our Lord, one thousand 
eight hundred and forty-one, the seat of justice in and for 
the county of Franklin, shall be deemed and held to be at the 
town of Benton, in said county, and all terms of the circuit 
court required to be held in and for said county, and sessions 
of the county commissioners' court which may be held after 
the above named date, shall be holden in the town of Benton. 

Sec 2. It is hereby required that from and after the Public re- 
time specified in the first section of this act, that the public cords 
records, with all proceedings of a judicial or military charac- 



94 COUNTY SEATS. 

ter, required to be performed at the county seat, are hereby 
required to be done and performed in the aforesaid seat of 
justice, in and for tlie said county of Franklin. 
County offi- Sec. 3. It shall be the duty of the circuit and county com- 
cersto reside missioners' clerks, with the sheriffof said county, in the dis- 
at county seat ^^g^^gg Qf tjjpjj. official transactions, to conform in all res- 
pects with the foregoing requisitions of this act, likewise all 
public officers required to reside at the county seat. 
Monies for Sec. 4. That all monies which may have accrued from 
lots sold how the sale of town lots in the aforesaid town of Benton, or that 
applied j^^y hereafter accrue in virtue of any future sale of said pro- 

perty, is hereby expressly required to be expended in the 
erection of the necessary public buildings, and for no other 
purpose until otherwise directed by law. This act to take 
effect from and after its passage. 

Approved, January 7, 1841. 



, ^ T An ACT to authorize the removal of the seat of justice of Adams County. 

In force Jan. 
20 1841 
'. ■ Sec. 1. Be it enacted by the People of the State of Illinois, 

femoll] ^Z represented in the General Assembly, That an election shall 
county seat be held in the county of Adams, on the first Monday of 
August, eighteen hundred and forty-one, at the usual places 
of holding elections in said county, for the removal of the 
seatof justice of said county, at which election, the clerks 
thereof shall open two columns, one for Quincy, the other 
for Columbus, and shall take and record the votes of each 
qualified voter, for one of the aforesaid places as the seat of 
justice for said county. The said election shall be conduct- 
ed, and the returns thereof made in the same manner as is 
provided in ordinary cases of the election of justices of the 
peace. The clerk of the county commissioners' court shall 
immediately after the receipt by him of the election returns, 
Returns of e- in the presence of two justices of the peace, open the elec- 
jection tion returns, compare them, and certify the same to the coun- 

ty commissioners' court, and the place having the greatest 
number of votes shall be, and remain the seat of justice in 
said county as hereinafter provided. 
Dutyofcoun- Sec. 2. If, at such election, Columbus shall receive the 
ty commis'rs greatest number of votes for said seatof justice, then it 
shall be the duty of the county commissioners' court of said 
county, without delay, to cause to be erected, purchased, or 
rented, suitable buildings in the town of Columbus for a 
court house, clerk's office, sherifl's office, and recorder's of- 
fice, after which the county commissioners' court shall cause 

» , .. proclamation to be made and published in some public news- 

Froclamation r r • i . i i • j i • i ^i, i. 

paper of said county, declaring and making known, that 

from and after a day to be therein named, not exceeding thir- 
ty days from the date thereof, the seat of justice of said coun- 
ty shall be and remain permanently located at Columbus. 



COUNTY SEATS. 95 

Sec. 3. The county officers whose duty it is to keep County offi- 
their respective offices at the seat of justice, shall, on the day at cVtint'^sea^ 
named in the proclamation hereinbefore specified, remove their 
offices to Columbus. 

Approved^ January 20, 1841. 



AnaACT to relocate the couaty seat of Lake County, 

" In force, Feb. 

Sec. 1. Be. it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That on the first Monday Election for 
in April, in the year of our Lord, one thousand eight hun- 1^""^^!^^° f' (5^" 
dred and forty-one, an election shall be held in the county of seat 
Lake, in the State of Illinois, at the usual places of holding 
elections, for the purpose of determining whether the present 
seat of justice of said county shall be removed and relocated. 
■ Sec. 3. The judges and clerks of said election, shall Poll books 
make two columns in their poll books, and in one shall be in- 
serted the name of Burlington, and in the other the name of 
Little Fort, and the voters at said election shall vote in fa- 
vor of the one oi' other of said places, and whichever of 
said places shall receive a majority of votes, shall be the seat 
of justice for said county. 

Sec. 3. Said election shall be conducted, and returns Planner of 
thereof made, in accordance with the existing laws regula- conducting e- 
ting elections. lection 

Sec. 4. If the majority of votes, at said election shall be Dutyofcoun- 
given for Little Fort aforesaid, it shall be the duty of the ty commiss'rs 
county commissioners of said cojnty, within one month af- 
ter said election, to proceed to Little Fort aforesaid, and se- 
lect and locate the site for the county seat, having first been 
sworn before some justice of the peace, to locate said county 
seat, with a view to the best interest of said county. 

Sec. 5. The county seat shall not be so located at Little County m 
Fort, unless it shall appear that ihe said county of Lake will have pre-emp- 
have a pre-emption right toone hundred and sixty acres ofj^'^" "o^' '** 
land by said location, by an act or acts of Congress, enacted 
for such purposes, or unless the present pre-emption claim- 
ants to said Little Fort, shall then and there deed and quit- 
claim to said county commissioners, all their right, title and 
interest to such forty acre lot, as the said commissioners may 
have selected for the use and benefit of said county and the 
cost of said forty acres, when it comes into market, shall be 
paid out of the treasury of said county. 

Approved, February 17, 1841. 



^Q COUNTY SEATS. j 

In force, Feb. An ACT to locate permanently the seat of justice of Logan county. 
17, 1841. 

T • f Sec. 1. Be it enacted by the People of the Slate of Illinois f 

Location oi ,.,>-, , i ? / mi xi .. r • 

county seat represented m the (jreneral Assembly, 1 hat the seat ot jus- 
tice for the county of Logan, be, and the same is hereby de- 
clared to be permanently located at the town of Postville, in 
said county. 
Proprietors of Sbc. 2. The proprietor or proprietors of the said town of 
Postville to Postville, shall, by the first day of June next, pay to th" 
pay $.3,000 county commissioners of the county of Logan, the sum of 
three thousand dollars: Provided, however^ That the value of 
all donations heretofore made by the proprietors for the use_ 
of the said county shall be included in and form a part of the 
aforesaid sum of three thousand dollars. 
Payment to Sec. 3. The payment of the above donation may be made i 
mon^^or lo^s i" money, or in town lots in the town of Postville, or both, 
at the option of the donors; and the county commissioners 
are hereby authorized to receive donations of town lots, the 
value of which shall be agreed upon by the county commis- 
sioners and the parties donating the same. 
County com- Sec. 4. The county commissioners of Logan county shall 
miss'rsto 8eUpj.Qpgg^ ^Q ggjj^ at public or private sale, such portions of 
any town lots that may be donated, and at such times as in 
their judgment will produce the greatest amount of money 
and be conducive to the best interests of the county; the sales 
may be made on a credit of six, twelve and eighteen months, 
the purchaser giving a mortgage on the premises and appro- 
ved security for the payment of the purchase money: Provi- 
Proviso. cled, That if the proprietors of the said town of Postville 

shall not within ninety days from the passage of this act, com- 
ply with the provisions of this act on their part, then this act 
is to be null and void, and the county commissioners of said 
county are required to select some place as the temporary 
county seat, other than Postville, which place so selected shall 
be and remain the county seat of said county, until the end 
of the next regular or special session of the General Assembly. 

Approved, February 17, 1841. 



, , „ , An ACT to authorize the relocation of the county seat of Clay countv. 

In force, Feb. •' •' 

26, 1841. 

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

^^\^^^Q^^^^^ represented in the General Assembly, That Ferris Foreman, of 

county seat Fayette county, John Trapp, of Effingham county, and 

James Bowman of Jefferson county, be, and they are hereby 

appointed commissioners to relocate the county seat of Clay 

county. 
Time and Sec. 2. Said commissioners, or a majority of them, shall 
place of meet meet in the town of Louisville, on the first Monday in May 
^"^ next, or within thirty days thereafter, and after being duly 

sworn to the faithful discharge of their duties, shall proceed 



i 



COUNTY SEATS. 9t 

to examine such parts of said county as they may think pro- 
per to enable them to locate said county seat for the public 
good, the commissioners shall make said location as near the 
centre of said county, as an eligible site can be procured, Location o( 
taking into consideration the public interest; the commis- '^'-'"'^'y s«»* 
sioners shall make out and return to the clerk of the county 
commissioners' court a certificate of the re-location of said *^"'^^'^.^'® "* 
county seat, which shall be recorded by the clerk. 

Sec. 3. If the location of the county seat shall be mad« Lots to be do- 
on private property, the owner shall be required to lay otf abated 
town containing at least twenty acres of ground, laying oiFa 
proper public square, which square shall be deeded to the 
county for public purposes; the owner of said land shall give 
to the county one third of the lots in said town, when so laid 
oflf, divided as follows, the owner of the land to take two lots 
together, and the county the next, and so on through the 
town; the third part of the town thus falling to the county 
shall be conveyed by a good deed to the county of Clay. 

Sec. 4. The county commissioners of Clay county as Lots shall be 
soon as the county seat is located under the provisions of this ^°^^ 
act, and the town laid off and conv^eyed to the county as pro- 
vided for in the foregoing section, shall proceed to advertise 
and sell all or such parts of said lots as the county commission- 
ers may think best for the interest of said county, the pro- 
ceeds of the sale to be applied under the directions of the 
county commissioners to the erection of public buildisgs for 
said county. 

Sec. 5. After the county seal shall have been located, as Officers to 
provided for in this act, the county officers of Clay county, """^^ ^°*^°""' 
who are required by law to keep their offices at the county 
seat, as soon as they can procure suitable places for keeping 
their offices, shall move the same to the county seat so lo- 
cated . 

Sec. 6. On the removal of said county seat, the county Property in 
commissioners of Clay county shall give public notice and hau b id 
proceed to sell to the best bidder, all the public property except jail 
owned by the county in the town of Maysville, except the 
jail, which shall be reserved from sale, and used by the coun- 
ty as a jail until the county commissioners shall think 
it necessary to Luild a jail at the county seat when located, 
the proceeds of all such sales shall he applied to the erection 
of public buildings at the county seat, when located under 
the provisions of this act. 

Sec. 7. The county commissioners shall immediately on Buildings to 
the location of the county seat, proceed to cause to be erect- ^^ "greeted 
ed at the county seat, a suitable court house and other ne- 
cessary buildings for public uses, which shall be prosecuted 
with all reasonable diligence. 

Sec. 8. The county commissioners of Clay county are^^untj cora- 

hereby authorized to make a loan of money on behalf of the I)"!!'" ™*^ 
Z „ , , 1 r. ,1 .borrow mon- 

sounty, 01 any bank or person, not to exceed five thousand ey 

7 



98 COUNTY SBATSb 

dollars, and not for a longer term than ten years; which mo- 
ney, when so borrowed, shall be applied to the erection of 
public buildmgs, and for no other purposes whatever. 
<;ourts where i^EC. 9. Thespring terms oi the county and circuit courts 
iiek\. shall be held at the town of Maysville, and the fall terms at 

the county seat to be located under the provisions of this act. 
Compensa- ^^c. 10. The commissioners appointed by this act to re- 

tion of com'rs locate the county seat of Clay county, shall be allowed a rea- 
sonable compensation for their services, to be paid out of the 
county treasury of Clay county. 
IicoiHiry seat Sec. 11. 1/ the county seat shall be located on public 
»3 iJr'^'^'r^ ?" land, the commissioners shall inform the county commission- 
county com'vs 6'"'' '-hereof, who shall immediately procure the purchase ot 
ro purchase said land for the coun y, upon which they shall cause a towu 
to be laid otf and the lots sold, the proceeds of which shall 
be applied to public buildings. 

Approved^ February 26, 1841. 



In force Mar. ^^ ACT concerning county seats and county lines. 

1, 1841.' 

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

( bounty lines represented in the General Assembly^ That hereafter in all cases 
of division of any county in this State, by petition or other- 
wise, it shall not be lawful to establish any boundary line 
within less than ten miles of the seat of justice of the coun- 
ty to be divided. 

Limits of ^^*^* ■^* Hereafter no county in this State shall be cur- 

connties tailed in its limits so as to reduce the territory to less than 
four hundred square miles, nor shall any county be created 
hereafter, the territory of which shall contain less than four 
hundred square miles. This act to take effect from and after 
the first day of March next. 

Approved, February 27, 1841. 



An ACT to lociue tl^e County Seat of Stark, and to make a certain aiiili- 
tion to said county. 
In force, Feb. 

■}7, 1841. '^^Q. 1. Be it cnactedby thePeople of the State of lUinois^re- 

presented in the General Assembly^ That the cast half of 

Addition range four and all of range five, in townships fourteen and fif- 
teen north, shall be added to and constitute a part of the 
county of Stark, said addition being nine miles east and wes;, 
and twelve miles north and south, out of the south east cor- 

Proviso, nerofthe county of Henry: Provided, That an election shall 
be held in said county of Henry, at the usual places of hold* 
ing elections, on the first Monday of April next, to vote foff 
or against a division of said county, and if it shall appear that 
a majority of the legal voters of said county of Henry are in 
favor of the territory above described being attached to and 



COUNTY SEATS. 



99 



hereafter forming a part of the county of Stark, it shall be 
coDsidered a part of said countj of Stark; but if a majority of 
the legal voters of the said county of Henry arc opposed to 
the division of said county, then the territory described in the 
foregoing part of this section shall remain and continue a 
part of Henry county. TliC election shall be conducted, no- jjg,y^j,g ^^ p. 
tice given and returns made in the same manner as now re-]ection 
quired by law in the election of justices of the peace and 
constables: Provided^ That nothing herein contained shall Proviso, 
be so construed as to prevent the location of the county seat 
of Stark county, as provided in the second or any subsequent 
section of this act. 

Sec 2. That John Dawson, Peter Van Bergen and Wil-Com'rs to lo- 
liam F. Eikin, Esquires, all of the county of Sangamon, and J^^^ ccnmy 
State of Illinois are hereby appointed commissioners to lo- 
cate the town of Toulon the county seat of Stark; they or 
any two of them shall meet at the house of William H. Hen-,^.^^ ^^^ 
derson, in said county, on the second Monday in April next, p]aceofm'eet- 
or as soon thereafter, as may suit their convenience, and be- ing 
ing first duly sworn by some justice of the peace, that they 
are not directly or indirectly interested in, or the owners ofQ^^jj^ of com- 
any real estate in the county of Stark, nor will not beiuany miss'rs 
way such owner during their services in locating said county 
seat, and that they will truly and faithfully discharge the du- 
ties assigned them by this act, without partiality or favor. 
They shall then proceed to locate the town of Toulon, the 
county seat aforesaid, having due regard, in making said lo- 
! cation, to the present and future population of said county, 
the promotion of the general good of the whole county, the 
eligibility of the site, and as near as may be, after duly consid- 
ering all the other provisions of this act, to the geographical 
centre of said county. Said commissioners shall before ma- 
king said location, obtain by donation from the owner or his Donation lor 
legally authorized agent or attorney, at least ninety rods county seat 
square of land, to be conveyed by deed with general war- 
ran[ty,] to the county commissioners of the county of Stark, 
and their successors in office, to be disposed of as hereinafter 
provided; the title to the land so donated, shall be indefeasi- 
ble, and upon said land so donated shall be located thf. town 
and county scat aforesaid. Said commissioners shall receive Compensa- 
the sum of three dollars each for each day they may be ne- tion of com'r» 
! cessarily employed in making said location, and in going to ^ 

and returning from said county, to be allowed by the court 
and paid out ot the treasury: Provided, however, That an Proviso 
I election sh;al! be held at the different precincts in the county 
I of Stark on the third Monday in April next, at which election 
poll books shall be opened with two columns, one for and the 
other against making said location. Notice of said election vote for loca- 
shall be given by the clerk of the county commissioners' tion of coun- 
court. He shall post up at each election precinct, or place ^y seat 
of holding elections, written advertisements, giving at least 



HfD COUNTY SEATS. 

ten days' nolicc of said election, returns of said election shall' 
be made on the day succeeding the election to the county 
commissioners, who shall open and canvass the same, and if 
it shall he found that a majority of votes given are in favor 
of said location, then and in that case said location shall be 
Vote^ against made; but if it shall appear that a majority are opposed to 
loca-.ion g^^^ location, then and in that case said location shall be 

postponed until said county shall determine by a vote of a 
majority to make said location; and the county commission- 
ers are hereby authorized at any time they may think the 
iictlon*"*' ®' majority of said voters require it, to order an election for the 
purpose of ascertaining the will of the majority, and the 
county commissioners shall give notice to the commissioners 
appointed to locate said county seal whenever it shall be 
ascertained that it is the will of a majority of the voters of 
said county, that it shall be located, and said locating com- 
missioners are to make the same at any time they shall be 
notified as aforesaid. 
County com- Sec. .3. So soon as the county seat is located, it shall he 
miss'rs to lay the duty of the county commissioners of the county afore- 
off& sell lots g^ij ^^ jj^y ^^' ,^^^ j^^^g surveyed the town of Toulon ac- 
cording to such plan as they may deem most advisable, and 
then to sell the same on a credit of eight, sixteen and twen- 
ty-four months; the purchaser shall give his notes with good 
personal security, to be approved of by the commissioners. 
Conveyance who shall execute a bond to the purchaser to convey to him, 
of lots hig heirs or assigns, such lot or lots as he may purchase at 

said sale, said bond? are to be conditioned upon the payment 
Notice of sale of the purchase money, and not otherwise. Notice of said 
sale shall be given by advertisements in three public newspa- 
pers, at least thirty days prior to said sale, and also, in said 
advertisements notice shall be given that iaid commissioners 
Proposals for will receive sealed proposals for building a court house and 
county build- jpji f(yy g^jfj county, which proposals shall be opened ten days 
^"^® after the sale of tlie lots aforesaid shall have closed, and the 

contracts given to the lowest responsible bidder or bidders: 
Proviso Provided, Said commissioners may not consider all of said bids 

unreasonably high; the contractor or contractors giving bond 
and security, to be approved of by the commissioners, for the 
faithful performance of said contracts; said bonds shall be 
made to the commissioners and their successors in office. 
p f con-'^^® contractors shall receive the notes of the purchasers of 
tractors lots in payment for the public buildings in the following man- 

ner: one fourth at the lime of executing their bonds, one 
fourth when the foundations are laid, one fourth when the 
buildings are covered in, and the remainder when completed 
and received. The commissioners shall apply all or so much 
of the proceeds of the sale of lots in the town of To(jlon as 
shall be sufficient to erect durable and respectable buildings, 
Male and fe- ^^^^ ^^^ overplus shall be applied to the building of a female 
male acade- . •' . * . , , 1,1*^11 .f ° 1 1 . • • • 

my academy m aaid town, and the balance, ri any, to the buildmg 

[ofj a male academy in said town. And it is hereby made thedu- 



COURTS. 



mi 



tvof the commissioners ofsaid county to select suitable lots and '!'°*^ ^*"" P"**" 
r • 1 .11 r- • 1 . • ii 1 /- lie purooses 

deignate them upon the phin oi said town prior to the sale for 

the tollowing purposes: one for a male and ona for a female 

academy, one for a jail, and four for the purpose of erecting 

houses of pubHc worship, to be conveyed to the society of 

christians who shall first build thereon. 

Sec. 4. That the school commissioners of the coui\ty of Dutyofschool 

Henry and Knox are hereby required to pay over to the cona'^ 'o pay 

LI • • r.i ■ . rwi. 1 1 • 1* "Jver school 

school commissioner of the county ol fetark, upo.i his applica- ,mjjj 
tion, a just and equitable proportion of the school funds of 
said counties, agreeably to the additions mide from Henry 
and Knox respectively to the county of Stark, whether said 
funds be in money, bonds, notes, or other securities. Also, 
should any school sections be sold in the townships thus ad- 
ded, it shall be paid over in like manner. 

Sec. 5. That for the purpose of aiding the sale of lots in the Persons pro- 
town of Toulon, and causing them to bring the tjreatestamount l'^^"^!?^^"*"? 
r , ' '^ I • I I • 'O's (or one 

OI money, the person or persons making the donation, upon year 

which the town of Toulon shall be located, are hereby inhib- 
ited, as well as those who may purchase of said donee or 
donees, from surveying or making any addition or additions 
to the said town of Toulon, or selling any lot or lots for the 
period of twelve months from the sale of lots in said town. 

Approved, February 27, 1841. 



An ACT to change the time of holding Courts in the second Judicial 

Circuit. In force, Jan 

7, 1841. 

Sec. 1. Be it enacted by t/ie People of the State of Illinois, rp. „ , . 

represented in the General Assemblj/, That herealter the terms jng courts in 

of the circuit courts in the second judicial circuit, shall com- the several 

mence at the times hereinafter specifit-d, and continue from^/'"?V?^i- •''^ 
J i. J /c« J i. J \ -1 II .1 I • II- 'he2djudicial 

day to day, (Sundays excepted,) until all the business be dis- circuit 

posed of, unless it shall be necessary to close the term to en- 
able the judge to attend in the next county to hold court. In 
the county of Clinton, on the first Mondays of February 
and August; in the county of Bond, on the second Mon- 
days of February and August; in the county of Montgome- 
ry, on the third Mondays of February and August; in 
the county of Shelby, on the fourth Mondays of February 
and August; in the county of Efhngham on the fi-st Mon- 
days of March and September; in the county of Fayette, on 
the Thursdays thereafter; in the county of Washington, on 
the chird Mondays of March and September; in the county 
of Randolph, on the fourth Mondays of March and Sep- 
tember; in the county of Monroe, on the fifth Monday of 
March, one thousand eight hundred and forty-one, and forev- 
er after on the first Mondays of April ai,d October; in the 
county of St. Clair on the first Monday of April, one thou- 
sand eight hundred and forty-one, and forever thereafter on 



I0f2 COURTS. 

the second Mondays of April and October; in the county of 
Madison, on ihe fourth Mondays of April and October. 
All process Sbc. 2. All writs, recognizances, and Other proccss which 
ble to'^c" u°m ^'"^^^ l)een, or may be issued, or entered into, and made re- 
as now estab- turnable to the courts as at present arranged, shall be taken 
Jished aQ(j considered to be returnable to the terms fixed by this 

act; and all proceedings pending in any of said courts shall 
be taken up and disposed of according to law, as if no al- 
teration had been made in the time of holding said courts. 
48jurorstobc ggc^ 3^ It shall be the duty of the county commission- 
ers' courts of each of the counties of Madison and St. Clair, 
to select forty-eight petit jurors for each term of the 
circuit courts in said counties, twenty-four to be summoned 
to serve the first week of each term of said courts, and 
twenty-four for the remainder of each of said terms. 
Sec. 4. All laws inconsistent with this act are hereby re- 
uiws repeal- pgajcfj, 'p[^|g act to be in force from and after its passage* 

Jipproved, January 7, 1841. 



An ACT fixing tlie time of holding courts in the sixth Judicial Circuit. 

In force Jan. Sec. 1. Be it enacted by the People of the State of Illinois^ 
20,1841. represented in the General Assembly, That the circuit courts 
Times of hoi- ^^ the several counties composing the sixth judicial circuit, 
ding courts in shall be holden at the county seats of the respective conn- 
the .several ties at the times following: In the county ot Jo Daviess, on 
the 6ih judi-^''^ second Mondays of March, July and October; in the 
cial circuit county of Stephenson, on the second Mondays of April and 
August; in the county of Winnebago, on the third Mondays 
of April and August; in the county of Boone, on the first 
Mondays of May and September; in the county of Lee, on 
the second Mondays of May and September; in the county 
of Whiteside, on the third Mondays of May and September; 
in the county of Rock Island, on the fourth Mondays of May 
and September; in the county of Carroll, on the Wednes- 
days after the first Mondays of June and October. 
Process issu- Sec. 2. All writs, subpoenas and other process, which 

' ^}\^^ '■'^"may be issued and made returnable to the terms of courts in 
turnable. • "i • . ■ , r 1 ■ 1 1 > > n ■ 

said cu'cuit as heretotore required to be holden, shall be 

deemed and taken to be returnable to said courts as requir- i 
Proceedings cd to be held under this act; and all pioceedings pendine in ' 
m said courts c -i . 1 11 l / 1 j j- a r , 

how disposed '•-")' °* ^^^^ courts shall be taken up and disposed of accord- 

of ing to law, as if no alteration had been made in the times of 

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

Approved, January 20, 1841. 



COURTiS. lO'.i 

An ACT fixiug the time of holding the circuit courts in the first Judicial 

Circuit. jn fo^ce, Feh . 

3, 1S41. 

Sec 1. Be it enacted bu the People of ihe titate of Illinois. 

represented in the General Assembly. That hereafter the cir-,."° °„,/'^." 

. . . r ■ f • ^ ■ ■ • \ ■ CI ding courts iH 

cuit courts in the nrst judiciHl circuit in this estate, shall com- [he several 

mence and be holden as follows: In tlie county of Morgan, counties in 
on the second Mondays in March, first Mondays in July and ^^"^ ^^' """"" 
fourth Mondays in October; in the county of Greene, on the 
fourth Mondays in March, third Mondays in July und third 
Mondays in October; in the county of Pilfe, on the first Mon- 
days in April and September; in the county of Callioun, on 
the Thursday before the third Mondays in April and Sep- 
tember; in the county of Jersey, on the third Mondays in 
April and September; in the county of Macoupin, on the 
fourth Mondays in April and September; in the county of 
Scott, on the first Mondays in May and October; in the coun- 
ty of Cass, on the second Mondays in May and October; and 
ail process which has been or may be issued out of any of 
said courts, returnable to the terms of the said courts, as 
heretofore lequired to be holden, shall be deemed and hold as Processdeem- 

returnable to the times fixed by this act, and all recoffnizan-^^^ retiiruable 

J !_!• ^- • 1 1 I !• I J 1- J to courts as 

ces and obligations required to be dischnrged or complied jj^,,^ ^,.,..jj,j,.g,j 

with, in any of said courts, shall be deemed and held as be- 
ing taken with reference to the time of holding said courts 
as provided for by this act. 

Approved, February 3, 1841. 



An ACT to establish Circuit Courts. , „ _ , 

In force. Feb. 
oQ 1841 
Sec. 1. Be it enacted by the People of the State of Illinois., 
represented in the General Assembly, That there shall be two Two terms of 

terms of the supreme court holden annually at the Seat of ^"'^''^™f *^°"""' 
/-. 1 1 11 • . •■Ill- annually 

(jrovernment, and shall continue in session until the business 

before it shall be disposed of; and any five of the supreme 

court judges shall constitute a quorum. 

Sec. '2. There shall be a circuit court held annually in j . ,. . 
, ^ , , . . , . ^ •' Junsuiction 

each county, as often and at such time as is heremalter spe- of circnii 

citied, at the court-houses, or other places of holding court courts 
in said county. The judges presiding in their respective 
circuits, shall have jurisdiction over all matters and suits at 
law, and in chancery, arising in each of the counties of their 
respective circuits, when the debt or demand shall exceed 
twenty dollars; and all the provisions of law applicable to 
the former circuit courts shall l)e applicable to the circuit 
courts established by this act; and all the provisions of law 
applicable to the justices of the supreme court heretofore ap- 
pointed, shall be applicable to the justices of the supreme 
court elected by the present General Assembly. 



104 COURTS. 

Duty of elks. Sec. 3. The clerks to be appointed by the said circuit 
courts, or by the justices thereof, shall give bond, and take 
the several oaths in the manner, and as was required of the 
clerks of the former circuit courts; and such clerks shall have 
the powers and perform such duties as was conferred and 
imposed on the clerks of the circuit courts heretofore exist- 
ing, 
('•untkscora- Sec. 4. The counties of Morgan, Cass, Scott, Pike, Cal- 
(josing thehoun, Greene, Jersey, and Macoupin, shall constitute the first 
pereral "r-j^jj-^^l^jj (.ij.(,yit^ Tj^e counties of Madisou, St. Clair, >Jonroe, 
Randolph, Washington, Clinton, Bond, Fayette, Montgo- 
mery, and Etiingliam, shall constitute the second judicial 
circuit. The counties of Jackson, Perry, Franklin, Union, 
Williamson, Alexander, Johnson, Pope, Hardin, Gallatin, 
Hamilton, Jefferson, and Marion, shall constitute the third 
judicial circuit. The counties of White, Wayne, Wabash, 
Edwards, Clay, Lawrence, Crawford, Jasper, Clark, Edgar, 
Coles, and Vermilion, shall constitute the fourth judicial cir- 
cuit. The counties of Schuyler, Brown, Adams, Hancock, 
McDonough, Warren, Henderson, Knox, and Fulton, shaU 
constitute the fifth judicial circuit. The coimties of Jo Da- 
viess, Stephenson, Winnebago, Boone, Lee, Carroll, White- 
side, Rock Island, Mercer, and Henry, shall constitute the 
sixth judicial circuit. The counties of Cook, Will, Iroquois, 
Du Page, Grundy, McHenry, and Lake, shall constitute the 
seventh judicial circuit. The counties of Menard, Sanga- 
mon, Christian, Logan, Shelby, Macon, De Witt, McLean, 
Champaign, Tazewell, Mason, Piatt, and Livingston, shall 
constitute the eighth judicial circuit. And the counties of 
Peoria, Marshall, Putnam, La Salle, Kendall, Kane, De Kalb, 
Ogle, Bureau, and Stark, shall constitute the ninth judicial 
circuit. 
Salary oCjud- Sec. 5. The justices of the Supreme court elected by the 
^^'^ present General Assembly, shall each receive a salary of fif- 

teen hundred dollars per annum, to be paid quarterly, upon 
the warrant of the Auditor, out of any money in the Trea- 
sury not otherwise appropriated. 
Official acts Sec. 6. All the ofiicial acts of the cJerksof the former circuit 
yfiiidt™" ''"^"courts which have been done, or may be done, in accordance 
with the laws in force at the time of the passage of the act^ 
entitled '-An act reorganizing the Judiciary of the State of 
Illinois," until appointments can be made, shall be valid and 
effectual, as if no change had been made. 
Business of Sec. 7. All indictments, informations, recognizances, 
(oriner courts suits, motions, writs, process, and proceedings of everv de- 
^„ scnption, civil, orunuial, and in chancery, which have been, 

or shall be commenced, returnable to, or pending in any of 
the circuit courts heretofore existing, shall be continued over, 
returnable to, and made pending in, the circuit courts creat- 
ed by this act; and all writs, petitions, declarations, recog- 
nizances, process, and proceedings which shall be issued, 



COURTS. 



\m 



taken, filed, or returnable to, or for appearance in the former 
circuit courts of this State, before the statutes passed at this 
session of the General Assembly shall be printed and circu- 
lated in the respective counties, shall be considered as re- 
turnable to, pending, and for appearance in the circuit courts 
created by tliis act. 

Sec. 8. The chief justice and the associate justices of Judges to re- 
the supreme court, shall be required to reside in the circuits side in circuit 
hereinafter assigned them respectively; and all the powers, 
jurisdiction, and authority conferred by law, and in force at 
the time of the passage of an act, entitled "An act reorgan- 
izing the Judiciary of the State of Illinois," are hereby con- 
ferred upon, and made applicable to, the chief justice and jurisdiction 
associate justices of the supreme court, in their respective of former 
circuits; and the circuit courts hereby established shall have *^^"'""'°°g^"' 
and exercise all the powers and jurisdiction, both civil and 
criminal, conferred by law upon the late repealed circuit 
courts at the time of said repeal; and all the provisions of law 
in force at that time, conferring jurisdiction and authority 
upon, and regulating and prescribing the mode of practice 
in, said repealed circuit courts, are hereby declared to be in 
full force, and applicable to the circuit courts established by 
this act. 

Sec. 9. Samuel D. Lockwood shall perform circuit duties j^^jj^eg of ju,j. 
in the first judicial circuit; Sidney Breese shall perform cir-gesof thesev- 
cuit duties in the second judicial circuit; Walter B. Scales eral circmte 
shall perform circuit duties in the third judicial circuit; Wil- 
liam Wilson shall perform circuit duties in the fourth judicial 
circuit; Stephen A. Douglass shyll perform circuit duties in 
the fifth judicial circuit; Thomas C.Browne shall perform cir- 
cuit duties in the sixth judicial circuit; Thcophilus W. Smith 
shall perform circuit duties in the seventh judicial circuit; 
Samuel H. Treat shall perform circuit duties in the eighth 
judicial circuit; and Thomas Ford shall perform circuit duties 
in the ninth judicial circuit. 

Sec. 10. That the terms of the supreme court shall here- Time of hold- 
after commence on the first Monday in July, and the second J.'Jfurt^"^^^™^ 
Monday in December, annually. 

Sec. 11, That the supreme court, as organized prior to Power of for- 
the passage of the act, entitled "An act reorganizing the Ju-™^'"^""" 
diciary of the State of Illinois," shall have full power and 
authority to make decisions and deliver opinions in all cases 
which were argued or submitted to said court for decision 
prior to the passage of the act aforesaid; and decisions so 
made shall have the same force and ctfect in law as if the 
same had been made, and opinions delivered, prior to the pas- 
sage of the act aforesaid. 

Sec 12. That the circuit courts of the several counties ^.^^ ^^.j^^j^^ 
in this State shall commence at the times hereinafter speci-^ng courts in 
fied, and continue until all the business pending shall be dis- 1st circuit 
posed of, unless it shall be necessary to adjourn court to en- 



106 COURTS. 

able the judge to attend in tlie next county, to hold court* 
Said terms shall be held at the times following, in the coun- 
ties composing the first judicial circuit, to wit: In the county 
of Morgan, on the third Mondays of March and June^ and the 
fourth Monday of October; in the county of Greene, on the 
first Monday of April, the second Monday of August, and the 
third Monday of October; in the county of Pike, on the se- 
cond Monday of April and the first Monday of September: 
in the county of Calhoun, on the Thursdays before the fourth 
Mondays of April, and the third Monday of September; in 
the county of Jersey, on the fourth Monday of April and third 
Monday of September; in the county of Macoupin, on the 
first Monday of May and the fourth Monday of September: 
in the county of Scott, on the second Monday of May and 
the first Monday of October; in the county of Cass, on the 
third Monday of May and the second Monday of October: 
Provided^ That the spring term of the court in the county of 
Scott, after the year eighteen hundred and forty-one, shall 
1 • ^® ^^'^ on the second Mondays of March. 
ry°in'^^uDe& ^^^* ^^' ^^ grand jury shall be selected to attend the 
August for circuit courts required to be held in the counties of Morgan 
Morgan and ^fuj Greene, in the months of June and August, nor shall any 
criminal cause be docketed for trial at said terms; but all 
criminal causes pending in said courts shall stand for trial at 
Proviso the succeeding terms thereof : ProvMed^ That if any person 

shall be confined in the jail of either of said counties at the 
time of holding said courts for any indictable oflTence, the 
court shall try such persons in the same manner as at any 
other term of the court, and the court shall have power to 
^ cause a grand jury to be empanneled at said terms, to inquire 
into the cases of all persons confined in jail as aforesaid, and, 
upon indictment found, to proceed thereon as at any other 
term of said court. 
Times of hoi- Sec. 14. In the counties composing the second judicial 
oJfcirci^V^ "' circuit, the times of holding circuit courts shall be as follows, 
to wit: In the county of Washington, [on] the third Monday of 
March and second Monday of August; in the county of 
Randolph on the fourth Monday of March and third 
Monday of August ; in the county of Monroe, for the 
year eighteen hundred and forty-one, on the tifth Mon- 
day of March and fourth Monday of August, and for- 
ever after the year eighteen hundred and forty-one, on the 
first Monday of April and fourth Monday of August; in the 
county of St. Clair, for the year eighteen hundred and forty- 
one, on thefirstMondayof April and the first Monday of Sep- 
tember, and forever after the year eighteen hundred and for- 
ty-one, on the second Monday of April and first Monday of 
September; in the county of Madison, on the fourth Monday 
of April and third Monday of September; in the county of 
Bond, for the year eighteen hundred and forty-one, on the 
third Monday of May and second Monday of October, and 



COURTS. 107 

forever after the jear eighteen hundred and forty-one, on the 

second Mondays of May and October; in the county of 
Montgomery, for the year eighteen hundred and forty-one, 
on the fourth Monday of May and third Monday of October, 
and forever after the year eighteen hundred and forty-one, 
on the third Mondays of May and October; in the county of 
Fayette, for the year eighteen hundred and forty-one, on the 
fifth Monday of May and fourth Monday of October, and 
forever after the year eighteen hundred and forty-one, on 
the fourth Mondays of May and October; in the county of 
Effingham, on the Mondays after the time of holding courts 
in the county of Fayette; and in the county of Clinton, on 
the Thursdays thereafter. 

Seu. 15. It shall be the duty of the county commission- t^ountj com- 
ers' courts of the counties of Madison and St. Clair, to sum- ^J^s'rsofMa- 

.1 ^-^ • c I z' 1 . • fiison & St. 

mon torty-cight petit jurors tor eacri term ot the circuit cjair to sum- 
court in their respective counties, twenty-four of whom shall mon 48 jurors 
be summoned to attend the first w^eek, and twenty-four for 
the balance of each of said terms. 

Sec 16. The times of holding circuit courts in the third Times of hol- 
judicial circuit shall be as follows, to wit: In the county of fling courts in 
Hardin, on the Fridays before the second Monday of March ^'^'"'■c"** 
and fourth Monday of August; in the county of Pope, on the 
second Monday of March and fourth Monday of August; in 
the county of Gallatin, on the third and fourth Mondays of 
March, and first and second Mondays of September; in the 
county of Hamilton, on the Mondays following; in the county 
of Jeiferson, on the Mondays following; in the county of Ma- 
rion, on the Mondays following; in the county of Franklin, on 
the Mondays following; in the county of Perry, on the Mon- 
days following; in the county of Jackson, on the Mondays 
following; in the county of Union, on the Mondays following; 
in the county of Alexander, on the Mondays following; in 
the county of Johnson, on the Mondays following; in the 
county of Williamson, on the Mondays following. 

Sec. 17. In the counties composing the fourth judicial Fourth circuit 
circuit, the times of holding circuit courts shall be as follows, 
to wit: In the county of Clay, on the last Mondays in March 
and Aagust; in the county of Wayne, on the Thursdays there- 
after; in the county of White, on the first Mondays in x\pril 
and September; in the county of Edwards, on the second 
Mondays of April and September; in the county of Wa- 
bash, on the Thursdays thereafter; in the county of Law- 
rence, on the Thursdays thereafter; in the county of Craw- 
ford, on the Thursdays thereafter; in the county of Clark, 
on the Mondays thereafter; in the county of Edgar, on the 
Mondays thereafter; in the county of Vermilion, on the 
Mondays thereafter; in the county of Coles, on the Mondays, 
thereafter; in the county of Jasper, on the Mondays there- 
after. 



i08 



COURTS. 



Sixth circuit 



Fifth circuit Sec. 18, The times of holding Circuit courts in the fifth 
judicial circuit, shall be as follows, to wit: In tlie county of 
Fulton, on the second Mondays of March and August; in 
the county of Schuyler, on the first Mondays of April and 
September; in the county of Brown, on the second Mon- 
days of April and September; in the county of Adams, on 
the third Mondays of April and September; in the county 
of Hancock, on the first Mondays of May and October; in 
the county of McDonough, on the third Mondays of May 
and Octob t; in the county of Henderson, on the Thurs- 
days succeeding the fourth Mondays of May and October; 
in the county of Warren, on the first Mondays of June and 
November; in the county of Knox, on the second Mondays 
of J'lnc and November. 

Sec. 19. The times of holding courts in the sixth circuit 
shall be as follows: In the county of Jo Daviess, on the se- 
cond Mondays of March and June, and the fourth Monday 
of October; in the county of Stephenson, on the first Mon- 
day of April and second Monday of August; in the county 
of Winnebago, on the second Monday of April and third 
Monday of August; in the county of Boone, on the fourth 
Monday of April and first Monday of September; in the 
county of Lee, on the first Monday of May and the second 
Monday of September; in the county of Whiteside, on the 
second Monday of May and third Monday of September; 
in the county of Henry, on the third Monday of May and 
fourth Monday of September; in the county of Mercer, on 
the Thursdays after the third Monday of May, and the 
Thursday after the fourth Monday of September; in the 
county of Rock Island, on I he fourth Monday of May and 
the first Monday of October; in the county of Carroll, on 
the first Monday of June and second Monday of October: 
Provided^ however. That the March term of the circuit court in 
the county of Jo Daviess, for the year one thousand eight 
hundred and forty-one, shall not be held until Monday, the 
twenty-second day of March, but thereafter shall be held as 
herein provided. 

Sec 20. The times of holding circuit courts in the seventh 
judicial circuit shall be as follows: In the county of Grundy, 
on the Thursdays preceding the third Mondays of March and 
August; in the county of Iroquois, on the third Mondays of 
March and August; in the county of Will, on the fourth Mon- 
days of March and August; in the county of Du Page, on the 
second Mondays after the fourth Mondays of March and Au- 
gust; in the county of McHenry, on the third Mondays after 
the fourth Mondays of March and August; in the county of 
Lake, on the fourth Mondays after the fourth Mondays of 
March and August; in the county of Cook, on the fifth Mon- 
days after the fourth Mondays of March and August. 

Eighth circuit Sec 21. The times of holding the courts in the eighth 
judicial circuit shall be as follows: In the county of Sanga- 



Proviso 



Seventh 
cuit 



COCRTSf. 



tm 



mofi, on the fourth Mondays of March and July, and the 
third Mondays in November; in the county of Tazewell, on 
the Thursdays before the third Mondays in April and Sep- 
tember; in the county of McLean, on the fourth Mondays in 
April and September; in the county of Livingston, on the 
first Mondays in May and October; in the county of De Witt, 
on the Thursdays thereafter; in the county of Champaign, 
on the second Mondays in May and October; in the county 
of Mdcon, on the third Mondays in May and October; 
in the county of Shelby, on the fourth Mondays in May and 
October; in the county of Christian, on the first Mondays in 
June and November; in the county of Logan, on the Thurs- 
days thereafter; in the county of Menard, on the second Mon- 
days in June and Novennber; in the county of Mason and 
Piatt, at such times as the judge presiding in said circuit 
shall appoint. 

Sec. 22. The times of holding circuit courts in the coun- Ninth circm'e 
ties composing the ninth judicial circuit, shall be as follows, 
to wit: In the county of Kendall, on the fourth Mondays in 
August and May; in the county of Kane, on the Thursdays 
next after the fourth Mondays of August and May; in the 
county of De Kalb, on the second Mondays of September 
and June; in the county of Ogle, on the third Mondays of 
September and the fourth Mondays in March; in the county 
of Bureau, on the fourth Mondays of September and first 
Mondays in April; in the county ot Stark, on the first Mon- 
days in October and second Mondays in April; in the coun- 
ty of Peoria, on the Thursdays next after the first Mondays 
in October and second Mondays in April; in the county of 
Marshall, on the Thursdays next after the third Mondays in 
October and fourth Mondays in April; in the county of Put- 
nam, on the fourth Mondays of October and first Mondays of 
April; in the county of La Salle, on the first Mondays of No- 
vember and second Mondays of May. 

Sec. 23. That in all cases where the term of the courtD„ty of coan- 
shall exceed one week, it shall be the duty of the county ty com'ra if 
commissioners of said county to cause to be summoned twen-^°"'"' ^f''®*"* 

• OtlG W6GK 

ty-four additional jurors, who shall be notified to appear on 
Monday of the second or third week (as the case may be) of 
the term, and who shall be subject to the same regulations as 
already provided by law in other cases. 

Approved, February 23, 1841. 



An ACT to change the times of holding courts in the third Judicial 
Circuit. 

In force, Feb, 

Sec. L Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the courts in the 
third judicial circuit shall be held at the times hereinafter 
mentioned, viz: la the county of Hardin, on the Fridays be- 



1 10 EDUCATION. 

Times of hoi- fore the second Mondays in March, and last Monday in Au- 
fhe^ *'*'sTeral S^**'' '"^ ^^^^ county of Pope, on the second Monday in 
counties in March, and last Monday in August; in the county of Galla- 
the 3d circuit tin, on the third and fourth Mondays in March, and first and 
second Mondays in September; in the county of Hamilton, 
on the Mondays following; in the county of Jefferson, on the 
Mondays following; in the county of Marion, on the Mon- 
days following; in the county of Franklin, on the Mondays 
following; in the county of Perry, on the Fridays following; 
in the county of Jackson, on the Wednesdays following: in 
the county of Union, on the Mondays following; in the coun- 
ty of Alexander, on the Mondays following; in the county of 
Johnson, on the Mondays following; in the county of \v'^iil- 
iamson on the Fridays following. 
Conflicting gj,^, 2. All acts coming within the purview of this act 

acts repea e ^^^ hereby repealed. This act to take effect from and after 
its passage. 

Approved, February 26, 1841. 



An ACT sup[)lement;il to "An act to establish Circuit Courts" approved, 
In force Feb. February twenty-third, one thousand ei^ht hundred and fonv-one. 
26, 1841. J J , 

Seg. 1. Be it enacted hy the People of the State of Illinois^ 
Time of cir-'^^P^^^^^^^^ in the General Assembly, That circuit courts shall 
cuit court in be held in the county of Putnam, on the first Mondays in 
Putnam conn- ]y[,^y^ and fourth Mondays in October annually, any thing in 
■^ the act to which this is a supplement, to the contrary notwith- 

standing; and so much of said act as requires the circuit 
Part of act re- court of said county to beheld on the first Monday of April 
pealed is hereby repealed. 

Approved, February 26, 1841. 



An ACT toamond the act entitled "An act confirming t,rants of property 
made for the encouragement of Education, and for other purposes," ap- 
In force Feb. p>'oved February first, one thousand eight hundred and thirty-one. 
18, 1841. 

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

Lot conveved ^^jo/'eseniec/ in the General Asset/tbly, That in all cases where 

for church any land or lot has been, or may be conveyed, to the county 

purposes commissioners of any county in this State for the use of any 

religious society, congregation or church, or to the intent 

that houses should be erected thereon for purposes of divine 

worship, and the society, congregation, church or person 

ior whose use the conveyance was made, shall desire to sell 

or otherwise dispose of the premises conveyed, and shall 

obtain the consent of the donor, or grantor, or his heirs, or 

their legal representatives to such sale, or disposition, it 

shall be the duty of the county commissioners to whom the 



ELECnOlif s* 111 

conveyance was made, oi' their successors, to execute con- 
veyances for the same, so as to divest the legal title, and re- 
lease all claim of the county to the premises conveyed; but 
no commissioners, or county shall, by virtue of such convey- 
ance, become responsible for the title of the premises con- 
veyed, except as against their own acts. 

Approved, February 18, 1841. 



An ACT to amend and explain the Ejection Law, approved, January 

tenth, one thousand eieht hundred and twenty-nine. I" force, Feb. 

^ -^ 20, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That hereafter, at any Qualificatior 
election held in this State, ail white male inhabitants above of voter 
the age of twenty-one years, and having resided in the State 
six months, next preceding such election, shall enjoy the 
right of an elector, whether such elector has been naturali- 
zed or not: Provided, That when any such person shall pre- provieo 
sent himself to give his vote, and either of the judges shall 
suspect that such person does not possess the aforesaid quali- 
fication of age and residence, or either, or if his vote shall 
be challenged by any elector, who has previously voted at 
such election, the judges of the election shall tender to such 
person the oath or affirmation in the ioUowing form: ''1. A. porm of oath 
li. do solemnly swear, or affirm, (as the case may be) that I 
am a resident of the county of in the State of Illi- 
nois, that 1 have resided in this State for tiie period of six 
mouths immediately preceding this election, that 1 have, to 
itie best of my knowledge and belief, attained to the age of 
twenty-one years, and that I have not voted at tiiis election." 

Sec. 2. Any person so otleriug his vote at such election, 
and shall lake such oath or affirmation, or shall offer to takei^pQ^ unless 
such oath or affirmation, as prescribed in the preceding sec- proved false 
tion, his vote shall be received, unless it shall be proved by 
evidence satisfactory to a majority of the judges that such 
oath or affirmation is false; and if such person shall refuse to 
take such oath or affirmation, his vote shall be rejected; and 
if any person shall take the oath or affirmation as is before when person 
named, knowing such oath or affirmation to be false, he shall deemed guilty 
be deemed guilty of wilful and corrupt perjury, and punish- "■^''J"'"^ 
ed accord. ngly. 

Sec. 3. If any judge or judges of election shall refuse to v 

receive the vote of any such person so residing in this State, _ A 

six months before election, and being at the time of otFering * 

his vote, twenty-one years of age, as stated i.i the first sec- 
tion of this act, and he shall comply or offer to comply v/ith 
the first section of this act, then every judge, or the judges 
so refusing or ne^jlecting to receive the vote of the person 
aforesaid, and to record it as a legal vote, shall be liable to be 
indicted, and on conviction shall be fined five hundred dol- 



112 



EYIDENCE. 



Penalty for j^^g^ ^nd imprisoned not exceeding thirty days, in the county 
ty Vf'^'judo-es j^'^'i*' ^^^ ^^^^ judge or judges may also bo sued in an action of 
of election case by the person aforesaid, and upon proof of such refusal or 
neglect in said judge of judges to receive and record the vote 
of such person so oti'ering to vote, damages may be recovered 
of such judge or judges not exceeding five hundred dollars. 
Penalty for Sec. 4. If the clerk of the county commissioners' court 
ueglectof (111- shall neglect or refuse to perform the duties as pointed out in 
clerk ^°"" "^ the seventeenth section of an act entitled "An act regulating 
elections," approved January tenth, one thousand eight hun- 
dred and twenty-nine, he shall be liable to be indicted, and on 
conviction shall be fined in a sum not exceeding five hundred 
dollars, and imprisoned not exceeding thirty days, and may 
be sued in an action of trespass on the case for damages not 
exceeding five hundred dollars by the person injured by rea- 
son of the neglect or refusal of such clerk. 
Persons mnti- gj,j;^ 5^ jf ^ny person shall mutilate or erase any name, 
crei'in!'"'^ pdl ^^ figure, or word, in a poll book, taken or kept at any elcc- 
books to betion, or if any person shall take away such poll book 
indicted from the place where it has been deposited for safe keeping, 

with an intention of destroying the same, or to prevent the 
election of any person, or if any person shall destroj' any 
poll book so taken and kept at any election, he or she shall 
be liable to be indicted, and on conviction, shall be fined five 
hundred dollars, and imprisoned not exceeding sixty days in 
the county jail: Provided, That nothing contained in this act 
shall conflict with the one hundred and sixty-fourth section 
of the criminal code. 

Approved, February 20, 1841. 



An ACT regulating evidence in certain cases. 

1 1842. Sec. 1, Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That in trials of actions 
upon contracts, express or implied, where the action is 
eontracts. n°o"t brought by partners or by joint payees or obligees, it shall 
necessary to not be necessary for the plaintitf, in order to maintain any 
prove part- gy^^ action, to prove the copartnership of the individuals na- 
"^" *P ,Y^g(j JQ such action, or to prove the christain or sir names of 

sucii partners, or joint payees or obligees, but the names of 
such copartners, joint payees or obligees shall be presumed 
to be truly set forth in the declaration, petition or bill: Pro- 
Proviso, tided, That nothing herein contained shall prevent the de- 
fendant in any such action from pleading in abatement as 
heretofore, or of proving on the trial either that more per- 
sons ought to have been plantiflTs, or that more persons have 
been made plaintiflfs than have a legal right to sue, or that 
the christian or sir name is other and difl^erent from the one 
stated in the declaration, petition or bill, in which event the 
defendants' rights shall be as at common law. 



FERRICS. 



1^13 



Sec. 2. On actions upon contracts, express or implied, Pr9of of Ha- 
against two or more defendants, alleged to have been made Mj^^j""' ^^' 
or executed by such defendants, as partners or joint obligors 
or payors, proof of the joint liability or partnership of the 
defendants, or their christian or sir names, shall not in the 
first instance be required to entitle the plaintiff to judgment, 
unless such proof shall be rendered necessary by plead- 
ing in abatement, or the filing of pleas denying the execution 
of such writing, verified by aflidavit, as is required by the 
"Act concernmg practice in courts of law," approved on the 
twenty-ninth day of January, one thousand eight hundred 
and twenty-seven. The act entitled "An act regulating evi- 
dence in certain cases," approved, March second, one thou- Act repealed, 
sand eight hundred and thirty-nme, be and the same is here- 
by repealed, and this act to be in force from and after the 
first day of February next. 

Approved, February 17, 1841. 



An ACT to establish a ferry across the Illinois River. 

lu force Feb. 

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, either from any public ^o^^'^""- 
highway or from any lands or lots of ground which are or 
may be owned by them. 

Sec. 2. The said William L. May, his heirs and assigns, 
shall at all times keep a sufficient number of boats, hands, 4*'^°°™°'*''" 

tlOIl9 

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 „ . . 

xu 1 J iu -J c I 11 i 11 i- r I Restrictions. 

Other property, and the said ferry shall at all 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 • k f 

imposed, the said William L. May, his heirs and assigns, 75 ygafs.' 
shall have the sole right of ferrying, and receiving tolls there- 
for, at the said outlet, for and during the term of fifteen years 
from and after the first day of May, A. D., one thousand 
eight hundred and forty-one. 

Sec. 4. The said William L. May, his heirs and assigns, 
shall be authorized to receive for and during the said term of 
fifteen years, the following tolls, viz: man six and one-fourth Rates of Tolls 
cents; man and horse twelve and a half cents; gig, buggy, 
sulkey, or onc'horse wagon, twenty-five cents; carriage with 
springs, with two horses, twenty-five cents; wagon with two 
horses or oxen, twenty-five cents; and for each additional 
' horse or ox to wagon six and a fourth cents; four horse coach 
sixty-two and a half cents; each horse, jack, jennet or mule 
8 



114 FERRIES^ 

1 

loose, not in harness, six and a fourth cents; cattle per heacl^ 
when the number does not exceed ten, four cents; when the 
number exceeds ten head, three cents; sheep and goats per 
head, one cent and a half; fat hogs for slaughter per head, 
two cents; stock hogs per head, one cent and a half; one hun- 
dred pounds goods, wares and merchandize, six and a fourth 
cents; which rates of toll shall be kept up at the landing on 
each side of the river, in large letters and figures, for the in- 
Froviso formation and inspection of all persons: Provided^ That 

when by reason of high water the said William L. May shall 
have to ferry the distance of a half a mile or more, he shall 
be authorized to charge and receive double the rates of fer- 
riage hereinbefore allowed. 

Sec. 5. The license and privilege hereby granted shall be 
beTeTokedl^^ liable to be revoked by information in the nature of a quo 
warranto^ to be filed in the circuit courts either of Tazewell 
or Peoria counties, if the said William L. May, his heirs and 
assigns, shall knowingly and wilfully fail to comply with the 
provisions of this act. 
Annual pay- ^Ec. 6. For the privileges herein granted, the said Wil- 
ment tol^ze-liam L. May, his heirs and assigns, shall annuallj on the first 
well county, ^^y of November in each and every year, pay into the coun- 
ty treasury of Tazewell county the sum of three hundred dol- 
lars the first year, and each year thereafter the sum of two 
hundred dollars, which money shall be expended from time 
to time, without delay, by the county commissioners' court ot 
Tazewell county to the best advantage, in impi'oving and 
constructing a good road from the south side of said river out 
to the highlands, making in all, for the fifteen years, thirty- 
one hundred dollars; and if the said May, his heirs or as- 
signs, shall fail to pay the above amount for the space of one 
month after the same shall become due, the license hereby 
granted may be revoked as aforesaid. 
No other ferry ^Ec. 7. The county commissionei's' courts of the counties of 
to beestab- Peoria and Tazewell are hereby inhibited from granting any 
Hshed. license to keep a ferry at the said outlet of Lake Peoria du- 

ring the existence of this grant; but nothing in this act shall 
be so construed as to prejudice any rights already obtained. 
Sec. 8. This act to take effect from and after its passage; 
Proviso. Provided, This act may be repealed, amended, or modified 

May be re- by any subsequent Legislature, whenever the public good 
pealed . may require it. 

Sec 9. The said William L. May shall on or before the 
first day of May next, enter into bond with one or more se- 
Bond . curities, in the penal sum of five hundred dollars, for the 

faithful performance of the conditions of this act, which bond 
shall be made payable to the county commissioners of Taze- 
well county and their successors in ofiice, and shall be ap- 
Bond to be fi- proved of by the clerk of the county commissioners' court* 
'®"' and filed in his ofiice, to be sued on by any person aggrieved, 

in the name of said commissioners; and it shall be the duty 



FERRIES. 



115 



of the county commissioners of Tazewell county to cause to Half mile post 
be planted by the road side half a mile from the west bank of 
said outlet, a durable and permanent post, which post shall Double fer- 
operate as a guide to show when double ferriage may be riage. 
charged. Approved, February 23, 1841. 



An ACT to establish a ferry across the Illinois River at Peru. j^ ^^^^^ p^j^^ 

24, 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly., That Freeman Mills be, 
and he is hereby authorized lo establish a ferry across the II- Location, 
iinos river opposite to the Kinnewa addition to the town of 
Peru, and to run the same from both sides of the said river from 
any of the public streets and landings in said addition to said 
town, or from any lands owned by him, or any public street, or 
any lands owned by any other person, with the consent of the 
owner of said lands, opposite to said addition to said town. 

Sec. 2. Said Mills shall keep said ferry and conduct the 
same in all respects pursuant to the laws of this State i-egula- conducting, 
ting ferries, and shall have a right to receive the same tolls as 
are at this time provided by the county commissioners' court of 
La Salle county, to be received and taken at other ferries ^"^'^^ ° ^° 
across the Illinois river in said county. 

Sec. 3. In consideration of the premises hereinafter men- Term of act. 
tioned, the said Freeman Mills shall have the privilege of fer- 
rying across said river at the place aforesaid, and receiving 
toll ther;efor for and during the term of fifteen years irom the 
first day of March, A. D., one thousand eight hundred and 
forty-one. 

Sec. 4. The county commissioners' court of the county No other fer- 
of La Salle are hereby prohibited from granting any license ry shall be es- 
to keep a ferry at the place aforesaid or within one-fuurth of a^'*^""®^® ■ 
mile thereof during the continuance of this grant; but nothing 
herein shall be construed to effect any rights already ac- 
quired. 

Sec 5. The said Freeman Mills, in consideration of this Annual pay- 
grant, shall annually on the first day of September in each ™^" ' 
year pay into the county treasury of La Salle county, the 
sum of twenty-five dollars. 

Sec 6. This act shall not take effect unless the said 
Mills shaU, on or before the first day of June, A. D., one ,^5"^^ ^'^ ^^ ^' 
thousand eight hundred and forty-one, file in the office of the 
clerk of the county commissioners' court of La Salle county, 
a bond with security to be approved by said clerk, in 
the penalty of five hundred dollars, conditioned that said 
ferry shall be kept and maintained according to the laws of 
this State. 

Sec. 7. The privilege hereby granted shall be liable to . 
•jbe revoked by an action in the nature of a qui warranto, to be'rCToked!'^^ 
^be filed in the circuit court of La Salle county, if at any time 



116 



PERRIESf. 



the said Mills shall fail to keep said ferry according to law, <^r 
shall in any manner fail to comply with all the provisions of 
this act. Approved^ February 24, 1841. 



In force Feb. 
24, 1841. 



Ferry for 10 
years. 

Location. 

Boats, <S:c. 



State law to 
regulate ferry 



Rates of toll. 
Road to ferry. 



Failure to 
comply. 



No other fer- 
ry to be licen- 
sed. 



Term of act. 



An ACT to authorize John L. Hunsacker to keep a ferry across the 
Mississippi River. 

Sec. I. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That John L. Hunsa- 
ker be, and he is hereby authorized to establish, and for the 
term often years, maintain a ferry across the Mississippi river 
on the road leading from Payson, in Adams county, to Ma- 
rion City, in the State of Missouri. The ferry landing shall 
be on the north-east fractional quarter of section twelve, in 
township three south, of range nine west, of the fourth prin- 
cipal meridian. He shall at all times keep on hand a suffi- 
cient supply of boats and other water crafts, and therein af- 
ford a safe and expeditious passage for all passengers, and 
for horses, and other property usually transported across said 
river on ferry boats. He shall conform to and be governed 
by the law of the State regulating ferries. 

Sec. '2. The county commissioners of said county shall 
regulate the rates of toll and ferri;ige, and furnish a list there- 
of to the said Hunsaker, who shall at all times keep the same 
painted on a board, and placed up in a conspicuous place at 
the ferry landing. The said Hunsaker shall, without delay^ 
cause to be put and thereafter to be kept in repair the road 
from the base of the Mississippi bluffs to the said ferry. 

Sec 3. A failure on the part of the said Hunsaker to 
comply with the foregoing requisites shall work a com- 
plete forfeiture of all the rights by this act conferred on him. 
The county commissioners shall not authorize the establish- 
ment of any ferry within three miles of the ferry hereby au- 
thorized, unless the said Hunsaker shall fail to keep his fer- 
ry as hereinbefore required. 

Sec. 4. This act shall continue in force for ten years and 
no longer; but it may be altered, amended, or repealed when- 
ever the public interest shall so require. 

Approved, February 24, 184L 



In force Feb 
26, 1841. 



Location . 



An ACT to authorize John Wilson to keep a ferry across the MisMssippi 

River. 

Sec. 1. Be it enacted by the People of the Slate of Illinois^ 
represented in the General Assembly, That John Wilson, his 
heirs and assigns, be, and they are hereby authorized to keep 
a ferry across the Mississippi river, between Stephenson in 
Rock Island county, and Davenport in the county of Scott, 
in the Territory of Iowa; and also to keep a ferry from Ste- 



FERRIES. 



117 



phenson to Rock Island, and from thence to Davenport for 
and during the term of ten years from the passage of this 
act, then the rights and privileges herein granted shall cease 
and dr^termine. 

Sec. 2. The said John Wilson, his heirs and assigns shall Powers and Ji- 
be governed in the exercise ot the grants herein conferred, ^^^'^'■'^^• 
and be liable to all the penalties and forfeitures contained in 
the provisions of this [the] "Act to provide for the establishment 
of ferries, toll bridges and turnpike roads," approved, Febru- 
ary twelfth, one thousand eight hundred and twenty-seven. 

Sec. 3. The county commissioners' court of said county iNo other ferry 
of Rock Island, are hereby prohibited from granting any li-^".!^^° °"^ 
cence to any other person or persons, bodies politic or cor- 
porate, to keep a ferry across said river, within one mile on 
either side of the ferry house, at or near the termination of 
Buffalo street, on the bank of said river, in said town of 
Stephenson, unless the said Wilson, his heirs and assigns 
should fail to comply with the provisions of the vabove recited 
act. 

Sec 4. The said John Wilson, his heirs and assigns, shall 
be entitled to demand and receive from each and every per- Rates of toU. 
son who may be ferried across said river, and for each horse, 
ass, mule, ox, cow, sheep, hog, or other animals, cart, wagon, 
buggy, gig. or other vehicle, and for freight, such rates of 
ferriage as may be established annually, by the county com- 
missioners' court of said Rock Island county: Provided, that Proviso, 
such rates shall be reasonable. 

Sec 5. For the privileges herein granted the said John 
Wilson, his heirs and assigns, shall pay into the county trea- 
sury of said Rock Island county, such annual tax as may be A'l''"^! tax. 
assessed by tbe county commissioners' court of said county, not 
exceeding the sum of twenty dollars, and in default of the 
payment of said tax, the said Wilson, his heirs and assigns 
shall forfeit the sum of thirty dollars, to be recovered in an 
action of debt in the name of said county, before any justice 
of the peace therein, subject to appeal as in other cases. 

Seo. 6. The Legislature reserves the right to alter, amend Rigius reserv- 
or repeal this act whenever the public good may require. ^'^• 
This act to take effect, and be in force from and after its 
passage. 

Approved^ February 26, 1841. 



An ACT to authorize Henry Hand to keep a ferry across Rock River. 

In force, Feb. 
Sec. 1. Be it enacted by the. People of the State of Illinois, 26,1841. 
represented in the General Assembly, That Henry Hand be, and 
he is hereby authorized to establish and keep a ferry for ton '*^"'!j?.'"^'^ '" 
years, across Rock river, at a point in the vicinity of Cleve- ^ *" ^® '^"^ 
land, in Henry county, where the State road from Knoxville 



1 18 FERBIES. 

in Knox county, to Port Bjronin Rock Island county crosg- 

es said river. 
How furnish- Sec. 2. Said Hand shall cause said ferry to be furnished 
etl- with a tight, good boat, sufficient for the speedy and safe 

transportation of all passengers, their teams, horses, cattle, 

and other animals, as well as their goods and effects; said 

boac shall be furnished with men of suitable strength and 

skill to manage the same. 
Ferry landing ^^c. 3. Said Hand shall have the right to land his boat, 

and other ferry craft, at any point within one mile above or 

below, where said road crosses said river. 
Rates of fer- ^^^' ^' ^^'^ Hand shall receive such rates for crossing at 
riage. said ferry as may be allowed him by the county commission- 

Tax for H- ®''^' court of Henry county; said Hand shall pay a tax of ferry 
cense. license, such as the county commissioners' court may require 

him to pay; and in the management and regulation of said 
Government ^'^'"''7' ^^^ ^^^^ Hand 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 

the twelfth, one thousand eight hundred and twenty-seven. 

This act to take effect from and after the date of its passage. 

Approved, February 26, 1811. 



An ACT authorizing David and Samuel Mitchell to establish a ferry 
In force, Feb. across the Mississippi River at Albany, in Whiteside county. 

26, 1841. *^' ^ ' 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That David Mitchell, 
and Samuel Mitchell, of the county of Whiteside, their 
Location. heirs and assigns, be, and they are hereby authorized to es- 
tablish and maintain a ferry across the Mississippi liver at 
Albany, in the county of Whiteside, for and during the term 
of ten years from and after the passage of this act. 
Rates of fer- Sec. 2. The rates of ferriage for crossing said ferry shall 
nage- jjg f^xed by the county commissioners' court of Whiteside 

county. 
How furnish- Sec 3, The said David and Samuel Mitchell shall cause 
'''^- said ferry to be furnished with a good tight boat worked by 

horse or steam power, and sufficient for the safe and speedy 
transportation of all passengers, their horses, cattle and oth- 
er animals, as well as their goods and effects, and said boat 
shall be furnished with person or persons of suitable strength 
and skill to manage the same. 
How govern- ^EC. 4. The said David and Samuel Mitchell, in the ma- 
ed. nagement of the said ferry, shall' be governed by the provis- 

ions of an act, entitled "An act to provide for the establish- 
ment of ferries, toll bridges and turnpike roads," approved, 
February twelfth, one thousand eight hundred and twenty- 
seven. 

Approved^ February 26, 1841. 



FERRIES. ■ 1 19 

An ACT to establish a ferry across the Illinois river in Grundy county. 

In force Feb. 

Sec. 1. Be it enacted by the People of the State of Illinois, ^^' '^'^^• 
represented in the General Assembly, That William E. Arm- . 
strong, his heirs or assigns, are hereby authorized to establish 
a ferry across the Illinois river, on section seven or nine, in 
town thirty-three, range seven, in the county of Grundy. 

Sec. 2. The said Armstrong, his heirs or assigns, shall lo- „. 
cate and establish said ferry within nine months from the tion. 
passage of this act, and when said ferry [shall] be located and 
established, the said Armstrong, his heirs and assigns[shall] have 
the exclusive right to cross said river within one mile of the 
point where he may establish said ferry, and it shall not be No ferry with- 
legal for the county commissioners of the above named coun- in one mile, 
ty to grant or establish any ferry or bridge within one mile 
of the above named ferry, within ten years from the pas- 
sage of this act. 

Sec. 3. The said Armstrong, his heirs or assigns, shall be Rates of fer- 
entitled to the rates of ferriage, as follows: For each wagon "^.'J^- 
and six horses or oxen, seven-five cents; for each wagon, four 
horses or oxen, fifty cents; for each wagon, two horses or ox- 
en, twenty-five cents; for each dearborn and horse, eighteen 
and three-fourths cents; for each man and horse, twelve and 
a half cents; for each footman, six and a fourth cents; for 
each loose horse or cov/, three cents; for each goat, sheep or 
hog, two cents. 

Sec. 4. It shall be the duty of said Armstrong, his heirs „ , . 

, , , 1 , II ,. 1 1 °. • • Boats and im 

or assigns, to keep on hand at all times, good boats, joices, piements. 

oars and other implements, to ensure a good and safe passage 

across said river. This act to be in force from and after its 

passage. Approved, February 27, 1841. 



An ACT to establish a ferry therein named. jj, force Feb. 

27, 1841. 

Sec. 1. Be it enacted by the People of (he State of Illinois, 
represented in the General Assembly, That Isaac Prickett, 
Benjamin Godfrey, Nathaniel Buckmaster, and William Mar- 
tin, their associates, heirs and assigns, be, and they are hereby persons to es- 
authorized to establish a ferry on the waters of the Mississip- tablish ferrv . 
pi river, in the city of Alton, in this State, and to run the 
same from the public landing in the city of Alton, or from such 
other pointer points within the present limits of the city of 
Alton, as may be agreed upon by the owners of the ferry and Proviso, 
the owners of the land within said limits: Provided, That 
they shall not use any boat or water craft except such as 
shall be propelled or urged through the water by steam or 
horse power, except in cases of emergency when smaller ves- 
sels may be temporarily employed for crossing. 

Sec. 2. That no person or persons, except those who have », 
ferries now established within the present limits of the city to°bL ^est*ab- 
of Alton, shall establish any ferry of the description afore- lished. 



120 



FERRIES, rlf 



Rates of fer- 
riage. 



Subject to 
taxation. 



Privileges 
may be for- 
feited. 



Suit may be 

instituted. 

Proviso. 



Time of act. 
Proviso. 



said, within said limits, and if any person or persons shall, 
contrary to the provisions of this act, run any boat or boats 
of the description aforesaid, he, she, or they shall forfeit ev- 
ery such boat with its furniture and apparel to the said own- 
ers of said ferry, their heirs or assigns, which may be attach- 
ed and recovered before any court having competent juris- 
diction. 

Sec. 3. That it shall be lawful for the said owners of 
said ferry, their associates, heirs and assigns, to demand and 
receive the same rate of ferriage as is now of right demand- 
able at either of the two ferries now crossing the said Missis- 
sippi river, nearest to the ferry authorized to be estabUshed 
by this act. 

Sec. 4. That the ferry hereby established, shall be sub- 
ject to the same taxes as are now or hereafter may be im- 
posed on the other ferries within this State, and under the 
same regulations and forfeitures. 

Sec. 5. That if the company incorporated by this act 
shall, for the space of six months, neglect to carry out the 
provisions hereof, the said privileges hereby granted shall 
cease and determine; and if it shall hereafter appear that 
facilities for crossing said river shall not be provided, for a 
space of one month, a suit may bs instituted against said com- 
pany by any person desiring the same, and this charter decla- 
red to be forfeited: Provided^ Said person instituting said suit, 
shall enter into bond and security to indemnify said compa- 
ny for any injury sustained by reason of bringing said suit. 

Sec. 6. This act shall be in force for the term of ten 
years and no longer: Provided, That if the Alton ferry com- 
pany, incorporated by an act approved, July twenty-first, 
one thousand eight hundred and thirty-seven, shall, before 
the first day of July next, place upon said ferry a good and 
sufficient ferry boat, propelled by steam or animal power, (the 
sufficiency of the same to be judged of by the common coun- 
cil of the city of Alton,) and shall thereafter continue to keep 
in use at said ferry the same or some other sufficient boat, 
then and in such case, the precedingsectionsof this act shall 
not take effect. 

Approved, February 27, 1841. 



In force, Feb 
27, 1841. 



An ACT to authorize Stanton Prentiss to establish a ferry across the 
Mississippi River. 



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

represented in the General Assembly, That Stanton Prentiss, 

of the county of Rock Island, is hereby authorized and li- 

Ferry for ten censed to keei) a ferry for ten years across the iMississippi 

years. river, at township sixteen north, and in range six west, of 

the fourth principal meridian, in the county of Rock Island, 



FERRIES. 



121 



Sec. 2. Said Prentiss shall cause said ferry to be furnish- Boats, &,c. 
ed with a tight, good boat for the speedy and safe transporta- 
tion of all passengers, their teams, horses, cattle and other 
animals, as well as their goods and effects; said boat shall be 
furnished with men of suitable strength and skill to manage 
the same. 

Sec. 3. Said Prentiss shall receive such rates for crossing ^^'^^ °^ 
at said ferry as are now allowed ferries like situated, by the 
county conjmissioners'' court of Rock Island county, and in 
the management and regulation of said ferry, the said Pren- 
tiss shall be governed by the requisitions of the act entitled jj^^ eovern- 
"An act to provide for the establishment of ferries, toll bridg-^d. 
es and turnpike roads," approved, February the twelfth, one 
thousand eight hundred and twenty-seven. This act to take 
effect from and after the date of its passage. 

Approved, February 27, 1841. 



An ACT to establish the Kishwaukee ferry company. 

In force, Feb. 

Sec. 1. Be it enacted by the People of the State of Illinois^ rep- ^7, 1841 . 
resented in the General Assembly^ That Henry L. Buell and 
Simeon Towle, and their associates, heirs and assigns, be, and 
they are hereby constituted a body politic and corporate, for 
the term of ten years, by the name and style of "The Name and 
Kishwaukee Ferry Company," and by that name, shall ^^^' 
in law be capable of suing and being sued, pleading and be- 
ing impleaded, answer and being answered unto in all courts 
and places whatsoever; may have and use a common seal, 
and mav alter and change the same at pleasure, and in their pow'ers^'^ 
corporate name shall be capable in law to purchase, and hold, 
and convey any estate, real, personal or mixed, that may be 
necessary for the use of said ferry, not exceeding twenty 
acres of land. 

Sec. 2. The said corporation are hereby authorized and Location, 
empowered to establish and maintain the ferry herein grant- 
ed over Rick river, within one-half mile of tho junction of 
the Kishwaukee river with the Rock river waters in Winne- 
bago county. 

Sec 3. The boat or boats necessary for the conducting 
of said ferry, may be so constructed as to be propelled by ^^"7 *'°^^s- 
steam, horse, or other power or means, as the proprietors may 
deem expedient. 

Sec 4. The capital stock of said company shall be three 
thousand dollars, which shall be divided into shares of twen- Capital eiocfc 
ty dollars each, which shall be taken and held to be personal 
property. The capital stock of said corporation may be 
increased to any amount not exceeding five thousand dollars, 
when the stockholders shall deem such increase necessary for 
the object herein contemplated. 



128 



FERRIES. 



Com'rs to 
pen books. 



Election 
Trustees 



Sec. 5. Henry L.Buell, Simeon Towle, George W. Lee, 
0. and Shelton L. Hall, are hereby appointed commissioners, 
the duty of whom it shall be to open books for subscription 
of said stock, On the first Monday of May next, or as soon 
thereafter as is convenient, at Kishwaukee, and such other 
places as they may deem proper, by giving at least twenty 
days' public notice thereof, and like notice shall be given 
when it is necessary to increase the capital stock. If the 
whole of the capital stock herein named shall not be subscri- 
bed for, at the time and place appointed for such subscrip- 
tion, said commissioners or a majority of them, shall take 
such measures for completing such subscription, as they may 
deem expedient and proper, and every subscriber shall, at 
the time of subcribing, pay to said commissioners the sum 
of one dollar on each share subscribed. 

Sec. 6. As soon as the capital stock shall be subscribed, 
ofthe commissioners shall give notice thereof in like manner 
and appoint the time and place, designating the same in said 
notice, for such stockholders to meet for the purpose of 
choosing a board of trustees which shall consist of seven in 
number. Every stockholder shall be entitled, at such and 
all other elections, to one vote for each share to the number 
of ten, and one vote for every five additional shares, which 
votes may be given in person or by proxy, and the persons 
having a plurality of votes shall be declared duly elected 
trustees. At the election to be held as aforesaid, the said 
commissioners, or such of them as may attend, shall be in- 
CertificatesofgpectQPs^ and their certificates of the names of the persons 
election. elected, shall be conclusive evidence of such election; and 
said commissioners shall deliver over the subscription books 
to the said trustees with the money received thereon. The 
said trustees so chosen, and who may hereafter be chosen, 
shall immediately after their election, proceed to choose one 
of their body to be president, who shall preside at all regu- 
lar meetings of the board. A majority shall constitute a 
quorum, and in case of the absence of the president, the 
President pro board may appoint a president pro tempore to preside. The 
tem. said board shall have power to prescribe the time and place 

of holding all future elections for trustees, which shall be 
once a year. The said board shall have power to fill all vacan- 
cies which may occur in their body, which appointment shall 
remain until the next annual meeting. 

Sec. 7. The said board of trustees, when elected and or- 
ganized, shall have power to appoint [a] secretary and treasu- 
rer, and such other officers as they may deem expedient, and 
require of all or any one, such bonds, as they m.ay deem the 
safety of the corporation to require. And the trustees shall 
have power to form by-laws and regulations for the govern- 
ment of the corporation, not inconsistent with the Constitu- 
tion and laws of the United States and of this State. 



Vacancies 
how filled. 



Officers to 
give bond. 



FERRFES. 



123 



Sec. 8. When the said ferry is established, it shall and 
may be lawful for the said company, their assigns and sue- Rates of fer- 
cessors, to demand and receive from all persons crossing said "^^^' 
ferry, for and during the time aforesaid, the same rates of 
ferriage as may be then allowed to the ferries crossing Rock 
river, within the limits of Winnebago county. The said cor- 
poration shall obtain from the county commissioners' court of 
Winnebago county, a list of the rates of ferriage as estab- 
lished by them for the various ferries over Rock river, within 
the limits of said county, and shall set up in a conspicuous 
place, free for the inspection of travellers or other persons 
interested, the rates of ferriage as aforesaid. 

Sec. 9. All officers or trustees chosen at the annual elec- 
tion aforesaid, shall hold their office until the next annual 
election, or until others are elected in their stead, and the Term of office 
president and trustees, or a majority of them, shall have pow- 
er to call a meeting of the board whenever they may deem it 
necessary, by publishing a notice of the time and place for 
holding the same ten days previous to the time of said meet- 
ing. 

Sec. 10. The trustees shall have power to require the instalments, 
payment, from time to time of such sums on each share as 
they may deem necessary, and in their by-laws declare what 
shall constitute a forfeiture of stock for failure to pay the 
amounts so required. 

Sec. 11. If any person or persons shall wilfully or ma- Persons inju- 
j liciously do, or cause to be done, any act whatsoever, where- "'ig/f"'^ ^"'* 
by ihe said ferry, or any thing appertaining to the same, shall ^""^^ ^ ' 
be impaired, injured or destroyed, the said person or persons 
so offisnding, shall foifeit and pay to the said corporation tre- 
ble the amount of damages occasioned thereby, to be recov- 
! ered by the said corporation, with costs of suits, in an action ^°* '^" 
I of trespass in any court having competent jurisdiction 
thereof. 

Sec, 12. The ferry hereby granted shall be in all re- 
spects governed by the laws regulating ferries, toll bridges ^°^ govern- 
and turnpike roads, except as is herein otherwise provided. 

Sec. 13. The said corporation shall have the time of one 
year to establish the said ferry after the passage of this act, and ^^"Jy 1°^, ^ 
if the same is not established within the aforesaid term of within one 
time, the said corporation shall be dissolved, and this act of year, 
no effect. 

Approved, February 27, 1841. 



An ACT to establish a ferry on the Mississippi River in Pike county. In force, Feb. 

27,1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in ihe General Assembly, That David O. Glas- Pergons to ea- 
cock and Jameson F. riawkins, their heirs and assigns, be, tablish ferry, 
and they are hereby authorized to establish a ferry on the 



124 FERRIES. 

Mississippi river opposite Hannibal, in the State of Missouri, 
on the south-eastquarter of section nunnber seventeen, in town- . 
ship nunober four south, and range eight west of the fourth 

Exclusive principal meridian; and they shall have the exclusive right 

right for 30 ^q ferry across said river from said point for and during the 

^^"^" term of thirty years, which said exclusive right shall extend 

one mile up and one mile down the said Mississippi river 
from the point at which said ferry may be established, on the 
said south-east quarter of section seventeen, hereinbefore 
more fully described. 

Clp,y turnpike Sbc. 2. In consideration of said grant the said Glascock 
and Hawkins, their heirs and assigns, shall locate and con- 
struct a good and substantial clay turnpike road from said 
ferry through the lowland east of said ferry to the highland, 
intersecting the road from Atlas, in Pike county, to Quincy, . 
in Adams county, at or near the farm of Dennis Davis, the 
whole distance being about six miles; the width of said road 

Width of road shall not be less than eighty feet, and shall be graded where 
bridges and culverts shall not be necessary, as follows,viz:from 
the river to the first slough, the distance being about tiiree- 
fourths of one mile, the grade is to be three feet in height, 
neatly rounded, and from the said slough to the Snycm tee, 

To be graded, the road is to be graded and raised two feet in ihe centre, 
and from the Snycartee to the highlands, near Dennit Da- 
vis's, the average grade of said road shall be three feet, the 
slopes shall be gradual, not less than two feet horizontal to one 
foot perpendicular, and when finished to be at least twenty- 
five feet surface on the top of the grade; a good and suhstan- 

Frame bridge. ^ J ,^j frame bridge shall be erected across Snycartee, and un- 
til the erection of said bridge a good boat or boats shall be 
kept and hands to ferry over said stream. 

Ferry tobees- Sec. 3. The said Glascock and Hawkins shall have said 

th'e^^'^^'^r '" ^^^^ opened and graded, and a ferry erected at the said Mis- 
sissippi river, and at the said Snycartee, within three years 
from the passage of this act; the bridge to be erected within 
five years over the said Snycartee; the said Glascock and 
Hawkins, their heirs and assigns, shall be allowed the right 

Right of way. of way over all lands on which said road shall be located, and 
shall be liable to the owner or owners thereof for any damage 
which may be sustained to private property by reason of the 
location and opening of said road, which said damage shall be 
assessed in the same manner that damages are now asses- 
sed in similar cases. 

Boats, &c. Sec. 4. The said Glascock and Hawkins, their heirs and 
assigns, shall erect and keep at the said ferry on the river a 
good and sufficient boat or boats, to be propelled by horse or 
steam power, safe and convenient to pass over said river all 
travellers and other persons who may desire to cross the 
same, and all horses, wagons, carriages, and other propeity, of 
whatever kind or description, speedily and without delay, 
and they shall be and are hereby authorized to receive such 



INCOftPORATIONS. 125 

fates of toll for the same as may be established bj the county Tolls, 
commissioners' court of Pike county, which shall in no in- 
stance be less than is charged at Quincy, in Adams county, 
or Louisiana, in Pike county, Missouri; the rates of toll at 
the Snycartee shall not exceed one-third the amount allow- 
ed for crossing persons and property over the said Missis- 
sippi river. 

Sec. 5. It is hereby made binding on the said proprietors Rates of fer- 
of said ferry, their heirs and assigns, to keep up at the river ''^^S® to kept 
ferry, in large letters and figures, the rates of ferriage allow- 
ed by the court aforesaid, to give strict attention to said fer- 
ries, to facilitate the crossing of persons and property with ^°^^ ^^P' "• 
safety and without delay, and to keep said road in good repair. ^ 

Sec. 6. Whenever the said Glascock and Hawkins, their 
heirs and assigns, shall manifestly fail or neglect to comply When charter 
with the requisitions of this act, a reasonable allowance be- 
ing made for high water and'cases of emergency, the circuit 
court of Pike county may, on a full investigation of the (acts 
and the evidence adduced, and in view of the justice of the 
case, declare this charter null and void; and it is hereby ex- 
pressly provided that this act is not to be binding upon or 
create any liability on the part of the State, to secure to the ^°^ binding 
said Glascock and Hawkins, their heirs or assigns, the rights" 
and privileges herein granted to them, unless they shall le- 
gally and equitably possess themselves of the land on which 
said ferry at the river is to be established, hereinbefore more 
particularly described. 

Approved, February 27, 1841. 



An ACT supplementary to an act entitled "An act to incorporate the 

Cairo city and canal company," ap()roved, March 4th, 1837. In force Feb> 

17, 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the Genet al Assembly^ That the powers con- po^^ers of ci- 
ferred upon the city council of the city of Quincy, and con- ty of Quincy 
tained in sections numbered from one to forty-one inclusive, of Pj'^'^^^PP^'*:^' 
article five of the act entitled "An act to incorporate the city of^Cairo.^*^^ 
of Quincy," approved, February third, one thousand eight 
hundred and forty, and such other powers in said act con- 
tained as shall be applicable to the hereinafter named city of 
Cairo, or shall be necessary and proper for the exercise of 
the powers hereby granted, be and the same are hereby con- 
ferred upon the Cairo city and canal company, incorporated 
in and by the act entitled "An act to incorporate the Cairo city 
and canal company," approved, March fourth, one thousand 
eight hundred and thirty-seven; to be exercised bysaid compa- 
ny and those claiming under them, only in township number 
seventeen south, in range number one west of the third prin- 
cipal meridian, in Alexander county, in the State of Illinois, 
und within the boundaries of said city of Cairo, and only in 



166 INCORPORATIONS. | 

SO far as shall be expedient and necessary, and for the prog* 
parity, good order, health, benefit and government of the 
said city of Cairo, and all persons being or residing within 
the limits thereof; reserving, however, to the General Assem- 
bly the powder so to alter or amend from and after ten years 
from the passage hereof, such of the provisions of this act 
as the public good of said State, and the prosperity of said 
city of Cairo shall require. 

Sec. 2. All suits, actions and prosecutions instituted or 
brought under this act, shall be instituted, brought and prose- 

br"^i^ ht^^"^ ^^^^^ ^" ^^® "^™® ^^ "^^® ^^^^ ^^ Cairo." 
"^""^ ■ Sec. 3. All actions, fines, penalties and forfeitures, accru- 

ing under this law, or undor the resolutions and ordinances 
made in pursuance thereof, not inconsistent with the laws 
and Constitution of this State and of the United States, may 
be prosecuted and sued for before any justice of the peace in 
said county, to be used forvthe improvement Oi* benefit of 
said city ol Cairo, and appeals shall be allowed in all cases 
arising under the provisions of this ac^, or of any ordinance 
or resolution passed in pursuance thereof, to the circuit court 
in and for said county of Alexander, and every such appeal 
shall be taken and granted in the same manner and with 
like effect as appeals are authorized to be taken from the de- 
cisions of justices of the peace under the general laws of this 
State. Approved, February 17, lb4i. 



, , _ , An ACT to incorporate the Philomathean Society of Mount Carmel, 

In force, Feb. Illinois. 

18, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the officers and mem- 
bers of the Philomathean society of Mount Carmel, Illinois, 
and their successors be, and they are hereby constituted a 

Name & style body politic and corporate, by the name and btyle aforesaid, 
and invested with all the rights, privileges, liabilities and im- 
munities incident to a corporate body. 

Sec. 2. The objects of said society are, and shall be, to 

Objects of as- promote and encourage literature and the mental and moral 

sociation. culture of its memb.^rs. And they are authorized and empow- 
ered to adopt and execute such measures, to effect said objects, 
as may be deemed most expedient. 

Sec 3. The said corporation shall have power to estab- 

By-laws and lish and change by-laws, and to prescribe rules and regula- 

^^ ^^' tions for the admission and dismission of its members, and their 

government ana election of their oliicers, and their duties, and 
the management of its property and aUairs. 

Miners to be Sec. 4. Minors shall be admitted members of the society, 
and such honorary members may be elected as the society 

Proviso. may think fit; Provided, That three regular members over 



INCORPORATIONS. 127 

twenty-one years of age, be elected in accordance with the 
laws of the society, as trustees of the same; which said trus- 
tees shall be sworn in by a justice of the peace, and when so 
qualified shall constitute a board, through which said society 
shall act in relation to the community generally. 

Sec. 5. The annual income of the real and personal es- Annual in- 
tate, which the said corporation may hold, shall not exceed ^^"^A^g qqq 
three thousand dollars. 

Sec. 6. The legislature may at any time modify, alter or Powers re- 
repeal this act or any of its provisions, should the corpora- served to I.e- 
tion abuse any of its privileges hereby granted. gisdture. 

Approved^ February 18, 1841. 



An ACT to incorporate the Salem Steam-mill Company. In force, Feb. 

20, 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all such persons 
wlio may hereafter become subscribers to the stock hereinat- 
ter described, shall be and ihey are hereby constituted a body 
politic and corporate, by the name and style of the "Salem j^ame& style, 
Steam-Mill Company," and by that name and style they and 
their successors shall, in law, be capable of suing and being 
sued, plead and being impleaded in all courts and places what- 
soever, may have a common seal, and alter the same at pleas- powers of cor- 
ure, they shall be capable in law of purchasing, holding, and poration. 
conveying real and personal estate for the uses and purposes 
of said incorporation, which real estate shall not exceed one 
acre of ground in the town of Salem for the purpose of erect- 
ing said mill upon the same, and one hundred and sixty acres 
of land elsewhere, whereon to erect the necessary enclosures 
for carrying on the business of said company. ' 

Sec. 2. The corporation hereby constituted shall have Location ' of 
power to erect a steam-mill in the town of Salem, and State mill, 
of Illinois, and are hereby authorized to commence and carry 
on the manufactory of flour, corn-meal and lumber, to export 
the same and other products of the country and to exercise all 
such powers and privileges us may be necessary to conduct Powers and 
the said manufactory according to the object of this act asP""'^g^^- 
herein expressed. 

Sec. 3. The capital stock of said company shall consist of 
six thousand dollars (with the privilege of increasing the same Capital stock, 
to fifteen thousand dollars) to be divided into shares of fifty 
dollars each. 

Sec 4. For the purpose of carrying into eflectthe object 
of this coporation, Mark Tully, Samuel Hull, Urial Mills, John 
W. Roach, and George E. Lester, are hereby appointed com- Comr's io ob- 
missioners to obtain subscriptions to the capital stock of said tain subscrip- 
company ; the said commissioners, or a majority of them, after |^°"^ to capi- 
giving public notice thereof in some newspaper printed in this 



128 INCORPORATIONS. 

State, shall open books of subscription to said stock at such 
time and places as they may direct, and keep the same open 
until at least one hundred and twenty shares shall have been " 
subscribed. At the time of subscribing, every subscriber shall 
Amount to be be required to pay two dollars for each and every share for 
paid on sub- which he may have subscribed. When the aforesaid sum of 
gcribing. g-^ thousand dollars shall have been subscribed, or within fifty 
days thereafter, it shall be the duty of said commissioners, or 
a majority of them, to call a meeting of the stockholders at 
Salem, by public notice, published in some newspaper of this 
State. 
Election of di- Sec. 5. At said meeting the stockholders of said compa- 
rectors. ^y ghgH proceed to elect five directors, who shall manage, di- 

rect and govern the affairs of said company, for the period of 
one year from the time of said election, and until their succes- 
sors are elected and qualified. At said election each stock- 
holder shall be entitled to one vole for each and every share 
he may hold, and a majority of all the votes given shall be 
Annual elec- necessary to a choice. '1 he directors shall be annually elec- 
tion, ted on the first Monday of the month in which the first elec- 
tion shall take place. 

Sec. 6. Immediately after the directors are chosen, as 
aforesaid, they shall hold a meeting, at which, and at all sub- 
sequent meetings of said board, a majority of the directors | 
Election of shall constitute a quorum, they shall elect a president from 
president. their own body, and a secretary who shall be sworn by a jus- 
tice of the peace, to the faithful performance of his duty, and 
Secretary to 'who shall record all acts of the board of directors in a book 
record allpro- to be kept by him for that purpose, a treasurer who shall give | 
ceedings. bond to such amount, and in such manner as the said presi- 
dent and directors may direct, and the board shall appoint all , 
other officers and agents as to them shall seem necessary. { 

To make by- Sec. 7. The said president and directors shall have power | 
laws. ^ to make and ordain all such by-laws, rules and regulations, as | 

shall be necessary, not inconsistent with the Constitution and 
laws of this State, and to secure the payment and collection | 
of the subscriptions to its stock and the transfer of the same 
or of property, and to do all things necessary for the faithful 
management and direction of the affairs of said company. 
In case a fail- Sec. 8. If it shall happen that any election shall not be 
ure to elect, j^^de on the day when, by the provisions of this act, it should 
be made, the corporation shall not for that reason be dissolved; 
but such election may be held on any other day within sixty 
days thereafter, public notice being given of the same in 
some newspaper of the State. 

Sec. 9. This act shall rem-^in in force for twenty years, 
and take effect from and after its passage, shall be deemed a 
public act, and shall be construed favorably for the purposes 
herein expressed in all courts and places whatsoever. S 

Approved^ February, 20, 1841. ^ 



INCORPOR ATIONS. 



129 



An ACT to incorporate the Farmers Exporting Company. In force, Feb. 

23, 1841. 

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 created, shall 
be constituted a body politic and corporate, by the name and Name & style, 
style of "The Farmers Exporting Company," and by that 
name and style they and their successors, shall have power to Powers, 
sue and be sued, plead and be impleaded, answer and be an- 
swered unto, in all courts and places whatsoever, to contract 
and be contracted with, to make, execute, and receive prom- 
issory notes, and to do all other acts necessary to the object of 
their incorporation, for and during the term of ten years from 
the passage of this act. 

Sec. 2. For the purpose of carrying into effect the object Com'rs to ob- 
of this incorporation, Samuel T. McKean, Joel Hicks, Na- |?J" (©"capital 
thaniel Chapin, Wm. Moffitt,and Edwin S. J ones, or any three of stock, 
them are hereby appointed commissioners to obtain subscrip- 
tions to the capital stock hereby created,said commissioners shall 
give at least three weeks notice in some paper printed in the 
county of Peoria, of the time and place when and where they Notice of sub- 
will Dpen books for subscription to said stock. One dollar on scription. 
each share shall be paid at the time of subscription, and the 
remainder at such time as the board of directors shall require; 
a failure to pay any instalment of stock when called for by or- 
der of the said directors, shall operate as a forfeiture of all 
previous payments. 

Sec. 3. The capital stock of said company shall be twenty Capital stock 
thousand dol'ars, with the privilege of increasing the same to may be in- 
fifty thousand dollars, if it shall be deemed advisable by the '^'"^^sed. 
majority of the stockholders, to be decided on at any regular j^.^ 
meeting of said stockholders; said stock shall be divided into sLall owr! 
shares of twenty five dollars each, no one individual shall, at more than 10(» 
any time, own stock to exceed one hundred shares. ® ^'"®^' 

Sec. 4. As soon as six thousand dollars of the capital stock 
of said company shall have been subscribed for as provided 
in the second section of this act, the commissioners shall 
give notice to the stockholders, by publication in some news- 
paper printed in Peoria, that an election will be held at some 
place in La Salle prairie, (the house to be designated in the no- 
tice,) for the election of one president, one secretary, one Election for 
treasurer, and nine directors of said company, at which elec-° "• 
lion the aforesaid commissioners shall be inspectors; each share Inspectors of 
shall be entitled one vote to the number of five, and one vote ^ ®*^**°°- 
for every ten shares thereafter, which votes may be given in 
person, or by proxy, and the persons receiving the highest num- 
ber of votes for the respective offices shall be declared duly 
elected. 

Sec. 5. The said company, when organized as aforesaid, Powers of 
ihall have power to purchase and export any of the products company. 
9 



130 



INCORPORATIONS. 



Location. 



By-laws. 



Aunual elec 
lion. 



Stock deemed 
personal pro 
perty. 



Private pro- 
perty respon- 
sible. 

Books subject 

to insnection. 



Divitlends. 



Statement to 
be made. 



of the country and sell the same; to import goods and dispose , 
of the same by sale or otherwise; to construct boats, ware- 
houses and other buildings, and to do all other things neces- 
sarily connected with the produce business. 

Sec. 6. The said company shall establish tlieir place of 
business at such place in La Salle prairie, in Peoria county as 
may be agreed upon by a majority of the directors of said 
company, and when located or established, shall not be re- 
moved, or its location changed, unless by consent of a ma- 
jority of the stockholders at a general meeting. 

Sec. 7. The president and directors shall have the man- 
agement of the concerns of said company, they shall have 
p®wer to make such by-laws and regulations as they shalt 
think necessary for the government of their concerns; Provi- 
ded,, such by-laws are not inconsistent with the Constitutioni 
and laws of this State. 

Sec. 8. The tirst directors and other officers of the com- 
pany, shall hold their offices until the first Monday in June 
next succeeding tiieir elections, at which time an election shall 
be held under the direction of the directors for the time being, 
for one president, one secretary, one treasurer, and nine direc- 
tors, who shall hold their offices for one year, and until their 
successors are elected and qualified, and ever after an election 
shall be held on the first Monday in June for the same num- 
ber of officers, to manage the concerns of said company. 

Sec. 9. The stock of said company shall be considered 
personal property, and transferable on the books of said com- 
pany, but no person shall be permitted to transfer his stock* 
who may be indebted to said company, until such indebtedness 
shall be settled to the satisfaction of the directors. The pri-i 
vate property of each stockholder shall be hold en for the 
debts of the company to the extent of the stock he or she 
may own. 

Sec. 10. The company shall at all times keep propel 
books of accounts in which shall be registered all the aclsanc 
doings 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, or semi-annual divi- 
dends of so much of the profits of said company as to th^m. 
or a majority of them, shall appear advisable; and the sai^ 
directors, whenever required by a majority of the stockhold- 
ers, shall exhibit at a general meeting a full and perfect state- 
ment of the debts and credits, and all such other matters as 
shall be deemed essential, relating to the affairs of said com- 



pany. 



Approved, February 23, 1841. 



mCORPOBA,TIONS. 131 

An ACT to incorporate the Nauvoo House Association In force, Feb 

23, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly^ That George Miller, 
Lymau Wight, John Snyder, and Peter Haws, and their as- 
sociates, are hereby declared a body corporate under the name 
and style of the "Nauvoo House Association," and they are Name & stjle 
hereby authorized to erect and furnisli a public house of en- 
tertainment to be called the Nauvoo House. 

Sec. 2. The above named George jliller, Lyman Wight, 
John Snyder, and Peter Haws, are heieby declared to be the Powers, 
trustees of said association, with full power and authority to 
hold in joint tenancy by themselves and their successors in 
office, a certain lot in the city of "Nauvoo," in the county of 
Hancock and State of Illinois, known and designated on the 
plat of said city as the south half of lot numbered fifty-six, 
for the purpose of erecting thereon the house contemplated 
in the first section of this act. 

Sec. 3. The said trustees are further authorized and em- 
powered to obtain by stock subscription, by themselves or ^"^pifal stock, 
their duly authorized agents the sum of one hundred and fifty 
thousand dollars, which shall be divided into shares of fifty 
dollars each. 

Sec. 4. No individual shall be permitted to hold more ^^o- of shares 
than three hundred, nor less than one share of stock, and cer- '" ^^ ^^^'^' 
tificates of stock shall be delivered to subscribers so soon as 
theii- subscriptions are paid in and not before. 

Sec. 5. As soon as the above contemplated house shall 
lave been completed and furnished, the stockholders shall ap- ■^.^^"'^'''l^K^ 
•x)int such agents as the trustees may deem necessary in the fairs/ 
management of the atTairs of said association. 

' Sec, 6. The trustees shall have power to sue and be sued, Powers of 
olead and be impleaded in any court of this State in the name *''"s'^''^- 
imd style of the trustees of the "'Nauvoo House Association." 
' Sec. 7. They shall also take the general care and super- 
vision in procuring materials for said house, and constructing ^^^nagement 
ind erecting the same, and further, to supeiintend its general 
nanagement, and to do and perform all matters and things 
vhich may be necessary to be done in order to secure the in- 
erest and promote the objects of this association. 

■ Sec. 8 This association shall continue twenty years from Time of act. 
he passage of this ac, and the house herein provided for 
;hall be kept for the accommodation of strangers, travellers, 
md all other persons who may resort thereto for rest and re- 
reshment. 

Sec. 9. It is mo: cover established as a perpetual rule of 
aid house, to be observed by all persons who may keep or 
•ccupy the same that spirituous liquors of every description Spirituous M- 
ire prohibited, and that such liquors shall never be vended as^"°r" . ^^^}^ 
I beverage or introduced into common use in said house. house^, ^^' ^" 



132 INCORPORATIONS. 

Sec. 10. And whereas Joseph Smith has furnished the! 
p„^ „„„„,„ said association with the ground whereon to erect said liouse' 

Kooms appro- , ~, ,, 111 •ic-i-i il-u- uh 

priaied to Jo. it IS further declared that the said Smith and his heirs shal 

Smith. hold by perpetual succession a suit of rooms in the said house, 

to be set apart and conveyed in due form of law, to him anc 
his heirs by the said trustees as soon as the same are comple 
ted. 

President of Sec. 11. The board of trustees shall appoint one of thei 

^ number as president thereof. 

Approved^ February 23, 1841. 



In force, Feb. An ACT to incorporate the Greenville Hotel Company. 

23, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinoii 

represented in the General Assembly, That all such persons a 

shall hereafter become subscribers to the stock hereafter dt 

scribed, shall be, and they are hereby constituted and declai 

Name & style ed a body corporate andpolifiC by the name and style of th 

"Greenville Hotel Company," from and after the passage ( 

this act, and by that name they and their successors shall hav 

succession, and shall in law be capable of suing and heir 

Powers. sued, plead and be impleaded in all courts and places whats« 

ever; may have a common seal, and alter the same at plea; 

ure; and their successors may, also, by that name and stylj 

be capable in law, of purchasing, holding, and conveyiu 

away real and personal estate for the benefit of said compan* 

Sec. 2. The said company hereby incorporated shf 

cation. j^^^^ power to erect a hotel in the town of Greenville, in tit 

county of Bond, and to use such powers and privileges in tl 

erection and management of said hotel, not inconsistent wi 

the laws of this State, as may be conducive to the interest 

said company. 

Capital stock Sec. 3, The capital stock of said company shall cons 

may bo in- of twenty thousand dollars, which may be increased to thirty 

creased. g^^ thousand, to be divided into shares of fifty dollars eac 

and are authorized to commence their operations whenev 

five thousand dollars of the stock, shall have been subscribe 

Com'rs to ob- Sec. 4. For the purpose of carrying into effect the objtj 

tain subscrip-of this corporation, Thomas Keyes, James Bradford, Sd 

tione. Blanchard, William S. Smith, James M. Davis, and Jam 

Clark, are hereby appointed commissioners to obtain subsch 

tions to the capital stock of said company, and said comrn 

sioners, after giving general notice thereof in some newspap 

printed in this State, may open books for the subscription! 

said stock, at such times and places as they may direct^ a 

keep the same open till at least one thousand shares have b^ 

Amount to be subscribed; every subscriber, at the time of subscribing, sb, 

paid on sub- p^^ ^^ gg^j^j commissioners five dollars for each share subBC 

Bcn ing. ^^^ ^^^ when such subscription is completed as aforesaid, j 



INCORPORATIONS. 



133 



'within sixty days thereafter, said commissioners shall call a 
meeting of the stockholders at Greenville, by a printed no- 
tice in some newspaper in this State. 

Sec. 5. At said meeting the stockholders of said company 
shall proceed to elect five directors, who shall manage, direct 
and govern the afFaix's of said company, one year from the 
period of this election and until their successors are elected Annual elec- 
and qualified, and that at said election each stockholder shall tion. 
be entitled to one voce for each share he may hold, and a ma- 
jority of all the votes given shall be required to make an elec- 
tion. The period of election of directors as aforesaid, shall 
be annually on the first Monday of the month in which the 
first election shall be held. 

Sec. 6. Within ten days after the directors are chosjn as Directors to 
aforesaid, they shall hold a meeting, at which, and at all sub- ^^^^ P"^®"' 
sequent meetings of said board, a majority of the directors 
^hall constitute a quorum; that they shall proceed to the elec- Quorum, 
lion of a president from their own body, a secretary, who shall 
be sworn by some justice of the peace, to the faithful dis- 
:harge of his duty, and who shall record all voles of tbe cor- 
3oration in a book kept by him for that purpose; a treasurer ^^.^^^^^,^1. ^^ 
who shall give bond to such amount and in such manner as give bond. 
-he president and directors shall direct; and the board shall 
ippoint all other officers and agents, as to them shall seem 
lecessary. 

Sec. 7. The corporation shall have power to call for such stock how 
Dortion of the stock subscribed, not exceeding twenty-five per called for. 
centum, every six months as they may think proper, to be 
)aid at such time and place as they designate by giving sixty 
lays' notice in some newspaper of this State, or by giving 
vritten notice to the stockholders, in which shall be specified 
he amount demanded on each share, and the time and place 
»f payment, and if any stockholders shall neglect or refuse 
o pay such subscription within ten days after the time named 
ov such payment, the corporation may bring suit against any Suit may be 
lelinquent for the amount due and called for, in any court ot'j/°"^^jj'j*^°^j^^ 
;ompetent jurisdiction, and recover the amount with two per holders. 
;ent. interest thereon per month, and if the amount cannot be 
nade on execution, or if said delinquent is cut of the State, 
hen the corj)oration may, by an order on their books, declare 
;uch stock forfeited to the corporation, with whatsoever 
imount may have been paid thereon, and no such delinquent, 
ifter the forfeiture of his stock, shall have a right to vote for 
iirectors or receive any dividend on his, her, or their stock 
intil the corporation is fully satisfied. 

Sec. 8. The said president and directors, shall have pow- 
ir to make and establish all such by-laws, rules, and regula- By-lawe. 
ions as shall be necessary, and not inconsistent with the laws 
)f this State, which may be necess&ry for the payment orcol- 
ection of the subscription to its stock and the transfer of the 
same, and of property that may in any other way concern 
the management and direction of the affairs of said company. 



iW 



INCORPORATIONS. 



Sec. 9. If it should so happen that any election should 
Annual elec- not be made the day, when, by the provisions of this act, it 
"""• should be made, the association shall not for that reason be 

dissolved, but said election may be held on anv other day with- 
in sixty days thereafter, public notice being given by putting 
up notices in three of ihe most public places in Greenville, or 
by publication in some newspaper of the State, by order of 
the president and directors of said company. 
Term of act. ^^^* ^^' ^^^^ ^ct shall be construed favorably in all courts 
and places whatsoevei', and shall be in force for the period of 
twenty years and no longer. 

Approved, February 23, 1841. 



An ACT to incorporate the Schuyler County Manufacturing aad Trans- 
In force, Feb. portation Company. 

24, 1841. 

Sec. 1. Be it enacted by the People of the Slate of Illinois , 
represented in the General Assembly^ That Henry H. Ander- 
son, his a.ssociates and successors and assigns, be, and they are 
hereby constituted a bodv corporate and politic by the name 

Name & style ^f «tThe Cedar Mill Com'pany,'' and by that name and style 
they and their successors shall in law be capable of suing and 
being sued in all courts and places whatsoever; shall have a 
common seal, and shtill by their corporate name be capable in 

Powers. ].^yf (jf holding and conveying any real or personal estate for 

the uses and purposes of said company, in enabling them to 
carry out the objects for which they were incorporated; 
Provided, That the quantity of land to be held by them shall 

Proviso. j^Qj_ exceed six hundred and forty acres. 

v^Ec. 'i. The company shall have power ana authority to 

buih '"^■^ ^^ erect mills, to carry on the manufacture of flour and lumber 
and to establish a boat-yard, to construct, build, and repair,i 
steam and other boats, to put the same in operation, and to; 
transport freight and passengers thereon, to enter into con 

Further now- ^'^^''"^^' ^^^^ execute agreements, and to do all other acts neces- 

crs. sary for carrying on said business and protecting the interest 

of said company; and to make, ordain and establish all neces- 
sary by-laws not inconsistent with the laws and Constitution 
of the United States, and of this .State. 

Sec. 3. The capital stock of said company shall consist of 
not more than fifty thousand dollars, divided into shares of one. 

(jgj'^gf;. ^pgr. hundred dollars, and the corporation hereby created shall 

sonal proper- continue for twenty years. The stock of said company shall 

'J- be deemed personal property. 

jj.^ Sec. 4. The aflairs of said company shall be under the. 

control of five directors, to be chosen by the stockholders in 
such manner as the by-laws direct, and shall continue in office 

Term of office |qj. ^j^g year and until their successors shall be chosen. 

Approrved, February 24, 1841. ,,. 



INCORPORATIONS. 



135 



An ACT sapplemental to an act to incorporate the Mount Carbon Coal 
Company, and to increase the capital of said Company to one million of ^^ force, Feb. 
dollars for the purposes hereinafter mentioned, gg jg^j 

Sec. 1. Be it enacted by the People of the State of Illinois, 
fepresented in the General Assembly, That the Mount Carbon 
Coal Company are hereby authorized and empowered to lo- 
cate, construct, and finalij complete a railroad for a double Location. 
or single tract, not exceeding ten rods in width on level 
ground, commencing at the said company's coal mines on the 
Big iVluddj river, in Jackson county, thence to the Mississippi 
river or any other navigable strecim in said county ; and for 
the purpose of cuttings, embankments, stone, wood and gravel, 
may take as much more land as may be necessarj^ for the pro- 
per security and construction of said raih'oad; Provided, Froviao. 
That ail damages that may be occasioned to any person or 
persons, or corporations, by the taking of such land or mate- 
rials for the pui poses aforesaid, shall be paid for by said com- 
pany, in the manner hereinafter provided. 

Skc. 2. The capital stock /)f said company shall be in- Capital stock, 
creased to one million of dollars, divisible intosiiares of fifty 
dollars each, on the terms and under the conditions and pro- 
visions specified and contained in the origin?il act oi incorpo- 
ration of said company. 

Sec. 3. A toll is hereby granted and established for the Toll granted. 
sole benefit of said company, upon all passengers and proper- 
ty of all descriptions, which may be conveyed or transported 
on said railroad at such rates per mile as may be agreed upon 
and established from time to time by the directors of said 
company; and they are hereby authorized to erect toil houses, 
buildings, establish gates and demand toll upon the road when 
completed, and upon such points thereof as shall from time to 
time be completed. 

. Sec. 4. The said company shall be holden to pay all dam- ^<''"^^g^s u> 
ages that may arise to any person or corporation i^y taking ^.^^^^^j]^ • 
their land, stone, wood, and gravel for the use of said rail- 
road, when the same cannot be had by voluntary agreement, 
to be estimated and recovered in the manner provided by law 
for the recovery of damages happening by the laying out of 
highways. 

Sec. 5. When the lands, or other property, or estate of J-<'"^'snred«) 

. , • ,• . r I J^ for ro'id. how 

any married woman, inlant, or person, non compos mfnr?s,^gjg gj 
shall be necessary for the construction of said railroad, the 
husband of such married woman, and the guardian of such in- 
fant or person, non compos mentis, may release all damages in 
relation to the land or other property to be taken, appropriated 
as aforesaid, as fully as they might do if the same vvere hol- 
den in their own rights respectively. 

Sec. G. If any person shall wilfully do, or cause to be 
done, any act or acts whatsoever, whereby any building con- jj,'^J^*'^"^j'"^"^'," 
struction or work of said company, or any engine, machine or how punished 
structure, or any matter or thing appertaining to the same 



136 



INCORPORATIONS. 



shall be stopped, obstructed, impaired, weakened, injured or 
destroyed, the person so offering [offending] shall be deemed 
guilty of a misdemeanor, and shall forfeit and pay to said cor- 
poration triple the amount of damages, sustained by means of 
such offence and injury, to be recovered in the name of said 
corporation, with costs of suit by action of debt, and shall be 
subject to indictment and punishment for high crimes and mis- 
demeanors as in other cases. 
Time of com- Sec. 7. The said company shall commence the railroad 
niencementifc j^gj.g|jy authorized to be made within two years from 
aompletion of "^ *^ i i . 

railroad. . and complete 

the same within ten years, otherwise this act shall be null and 
void. 
May join oth- ^^^' ^* The said corporation is hereby authorized to join 
IT railroads, any other railroad now or hereafter to be incorporated, and 
put in operation, at such place, and on such terms as may be 
mutually agreed 'upon by the said companies, or in case of dis- 
agreement by said companies, upon such terms and at such 
places as the court of chancery of the district where such 
connection is desired, shall decree, upon bill filed, or suit insti- , 
tuted for that purpose. 
Land held by ^EC. 9. That the quantity of land authorized to be held 
' oinpany. by said company shall be increased from two thousand acres 

to seven thousand acres. 
Powers. Sec. 10. That if after the necessary surveys for the con- 

struction of said railroad shall have been made, it shall appear 
to said company that a canal irom their Said mines to said 
Mississippi river, or the making navigable the said Big Mud- 
dy river is preferable, that then, and in that case, said compa- 
ny are hereby authorized to lay off and construct a canal from 
the said mines to the said Mississippi river, or make naviga- 
ble the said Big Muddy river, and the above enactments so 
far as the same are applicable, shall, and the same are hereby 
declared to be in full force and effect. 
Act deemed Sec. II. This act shall be deemed and taken as a public 
public. act, and as such shall be taken notice of by all courts of jus- 

tice in this State, without the necessity of pleading the same. 
Sec. 12. At the next general meeting of the directors, 
[they] may adjourn to such place as may be adopted within said 
county as may promote the interest of the company and for 
the convenience of the directors. 
•Stockholders Sec. 13. The stockholders of said institution shall always 
liable. be held, severally, liable to [for] the debts of said company to the 

full amount of the stock held by them at the time of their 
joint indebtedness. 

Approved^ February 26, 1841. 



INCORPORATIONS. 



137 



An ACT to incorporate the Illinois Agricultural and Stock Association. In force, Feb. 

26, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Daniel Smedley, ^^^^^^^ '^corl 
Joseph Duncan, Aquilla Becroft, Thomas Wiswall, James porate 
Dunlap, William Brown, Silas Massey' James Green, John 
Sample, Benjamin Hamilton, Henry Sanderson, Jacob 
Strown, S. M. Chambers, J. T. Cassell, William King, Adam 
Allison, J. T. Holms, James Halleday, Elihu Walcott and 
John T. Jones, of Morgan county, William Gillam, Scott 
Rigs and Elisha Hilt, of Scott county, H. G. Bowers, James 
M. Bradford, N. W. Edwards, John Williams, James D. 
Smith, W. Renshaw, Robert Allen and John Crowder, of 
Sangamon county, John H. Burriss, Elon Eland, Thomas 
Hobson, George Woodman, John Caldwell, John Hewitt, 
Isham Linder, and William Yates, of Greene county, be, 
and they are hereby created a body politic and corporate, 
under the name of the "Illinois Agricultural and Stock Asso-^^™® ^^^ 
ciation." 

Sec 2. The objects of this association shall be to encour- 
age agriculture in all its branches, domestic manufactures, 
and to improve the stock of the State. 

Sec 3. To carry out the objects of the cssociation, it May purchase 
shall be invested with power to leaseor purchase in fee sim- lands 
pie, and hold real estate in one or more parcels, not ex- 
ceeding three hundred and twenty acres, situated in the 
county of Morgan, for the purpose of establishing thereupon 
a pattern farm and other improvements connected with the 
objects of the association. 

Sec. 4. The association shall be empowered to import May import 
stock from any portion of the world, and at their exhibitions ^^ 
to grant premiums as private donations, which it is hereby 
authorized to receive, and the funds of the association njay 
in the estimation of the director? justify. 

Sec 5. The association shall be empowered to establish Agricultural 
an agricultural school, and to do such acts as may be necessa- 
ry thereto. 

Sec 6. The capital stock of the association, independent Capital stock 
of the real estate, shall not exceed fifty thousand dollars, 
which shall be divided into shares of twenty-five dollars each, 
one dollar on the share to be paid in at the time of subscrip- 
tion, and the remainder at such times and places as the board 
of directors may require: Provided, That no more than fifty Proviso, 
cents on the dollar may be called for in any one year, nor may 
any call be payable until public notice shall have been giv- 
en thereof, by publication for four successive weeks in a 
weekly newspaper printed in Jacksonville and Springfield. 
Any stockholder who shall fail for the space of two months 
after the publication of said notice, to pay the call upon his forfeited " 
stock, shall forfeit the same to the association. 

Sec 7. It shall be the duty of the corporators to open 
books in Jacksonville, in Morgan county, and at such other 



138 



INCORPORATtONS. 



Subscription 



Election of 
officers 



/Certificate 
'election 



of 



Corporate 
powers 



Treasurer to 
give bond 



May employ 

agents 



Penalty for 
betting 



places as they may deem expedient for the subscription of 
stot'k, and so soon as stock to the amount of five thousand 
dollars shall be subscribed, it shall be the duty of the corpora- 
tors to call a meeting of the stockholders to be holden in 
Jacksonville, four weeks notice of the time and p^ace of said 
meeting to be given in a weekly paper printed in Jackson- 
ville aforesaid. 

Sbc. 8. When the stockholders shall have assembled, they 
shall elect a chairman and secretary, and then proceed to elect 
by ballot (each share being entitled to one vote) a president, 
two vice-presidents, a secretary, treasurer, and board of 
seven directors, of vs^hich board the president, vice-presidents 
and secretary shall, ex-officio^ be members, who shall con- 
tinue in office during one year, and until their successors 
shall have been duly elected and given bond, when a bond 
shall be required. 

Sec. 9. It shall be the duty of the chairman and secreta 
ry to certify under their hands and seals, the result of said elec- 
tion to the clerk of the county commissioners' court of Morgan 
county, who shall record the name [same] and file the original in 
his office, and the original or a certified copy, under the seal 
of the court, of the record of the same, shall be deemed evi- 
dence of the organization of the association. 

Sec. 10. Said corporation shall be empowered to sue 
and be sued, plead and be impleaded, answer and be answer- 
ed unto, adopt a private seal agd change it at pleasure, and 
adopt by-laws and change the same, and do such other acts 
as natural persons may: Provided, They are consistent with 
the Constitution and objects of this act. 

Sec 11. The treasurer shall be required to give bond for 
the faithful discharge of the duties which shall from time to 
time be imposed upon him by the by-laws of the association, 
in such sum as the association may prescribe, with at least 
two substantial freeholders of the county of Morgan as his 
sureties. 

Sec. 12. The association may do such acts and emplo} 
such agents as may be appropriate in carrying out the pro- 
visions of this act, but shall never permit gaming, or the sale 
of ardent spirits, or the running or trotting of horse against 
horse upon their grounds or elsewhere, under the penalty of a 
forfeiture of this charter. 

Sec. 13. Any stockholder who shall directly or indirect- 
ly make any bet upon the result of any test which shall be 
made of the speed or qualities of any horse or other species of 
stock, under the direction of the association, or upon the re- 
sult of any exhibition of any species of stock, or of articles 
of domestic industry, or the products of the soil, shall forfeit 
his stock, and cease to be a member of the association. 
And that any person, other than a stockholder, who shall bet 
or offer to bet upon any of the results aforesaid, whilst upon 
the grounds of the association, shall be subject to a penalty 



INCOKPORA.TIONS. 



139 



often dollars, to be recovered in the name of the associa- 
tion, tor its own use, before any justice of the peace of the 
couiity of Morgan. 

Sec. 14. The stock of said association shall be considered Stock declar- 
personal property, and the charter hereby granted shall con- ed personol 
linue in force for the tsrm of twenty years from the passage Pi'op^'"'^ 
hereof. Approved, February 26, 1841. 



An ACT to incorporate the Nauvoo Agricultuva] and Manufacturing Ae- 

sociation, in the county of Hancock. In force Feb. 

27, 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly. That Sidney Rigdon, 
George W. Robinson, Samuel James, Wilson Larr, Daniel 
H. Wells, Hyram Smith, George Miller, William Marks, Pe- 
ter Haws, Vinson Knight, Joim Scott, Don C. Smith, Wil- 
liam Huntington, senior, Ebenezer Robinson, R. B. Thomp- 
son, William Law, James Aired, John T. Barnett, Theodore 
Turley, John C. Bennett, Elias Higbee, Isaac Higbee, Joseph 
Smith, A. Cutter, Israel Barlow, R. D. Foster, John F. Olney, 
John Snider, Leonard Soby, Orson Pratt, James Kelley, Sid- 
ney ivnowlton, John P. Greene, John F. Weld, and their as- 
sociates and successors are hereby conctituted a body cor- 
porate and politic, by the name of the "Nauvoo Agricultural 
and Manufacturing Association," and by that name shall be 
capable of suing and being sued, pleading and being im- 
pleaded, answering and bemg answered in all courts and pj g nd 
places, and may have a common seal, and may alter the same gtjie 
at pleasure. 

Sec. 2. The sole objects and purposes of said association 
shall be for the promotion of agriculture and husbandry in poration 
all its branches, and for the manufacture of flour, lumber 
and such other useful articles as are necessary for the ordina- 
ry p irposes of life. 

Sec. 3. The capital stock of said association shall be one capital stock 
hundred thousand dollars, with the privilege of increasing it 
to the £um of three hundred thousand dollars, to be divided in- 
tosliaresoffiftydollais,whicn shall be considered personal pro- 
perly, and be assignable in such manneras the said corporation 
mu} by its by-laws provide; which capital stock shall be exclu- 
sively devoted to the objects and purposes set forth in the sec- ^y^^ ^^^^^ j.^. 
ond section of this act, and to no other objects and purposes, al estate 
and to the same end the said corporation shall have power to 
purchase, hold and convey real estate and other property to 
the amount of its capital. By-laws 

Sfx. 4. Said corporation shall have power, by its trus- 
tees, or a majority of them present at any regularly called 
meeting, to make such by-laws for its own government, for 
the purpose of carrying out the objects of this association: 
Provided, The same are not repugnant to the laws and Con- 
stitution of this State or of the United States. 



140 



INCORPORATIONS. 



Subscriptions Sec. 5. Joseph Smith, Sidney Rigdon and William Law 
shall be commissioners to receive subscriptions for and dis- 
tribute said capital stock for said corporation. Said commis- 
sioners, or a majority of them, shall within six months after 
the passage of this act, either by themselves or their du- 
ly appointed agents, open a subscription book for said stock, 
at such times and places as they shall appoint, and at the time 
of subscription for such stock, at least ten per cent, upon 
each share subscribed for shall be paid to said commissioners 
or their duly appointed agents, and the remainder of said 
stock, so subscribed for, shall be paid in such sums, and at 
such times as shall be provided for by the by-laws of said 
corporation. 

Books may be Sec. 6. In case the stock of said corporation shall not all 

re-opened jjg taken up within one year from the passage of this act, the 
duties of said commissioners shall cease, and the trustees of 
said corporation, or a quorum thereof, may thereafter receive 
subscriptions to said stock, from time to time, until the whole 
shall be subscribed. 

Concerns of g^^ 7, fhe stock, property and concerns of said corpo- 

compa y ration shall be managed by twenty trustees, who shall be 
stockholders of said corporation, any five of whom to be de- 
signated by a majority of the trustees, shall form a quorum for 
the transaction of all ordinary business of said corporation; 
the election of which trustees shall be annual. The first 
mentioned twenty persons, whose names are recited in the 

First trustees first section of this act, shall be the first trustees of said cor- 
poration, and shall hold their oftices until the first Monday in 
September, A. D.,one thousand eight hundred and forty-one, 
and until otheis shall be elected in their places. 

Election of Sec. 8. The trustees of said corporation for every subse- 

trastees quent year, shall be elected on the first Monday of Septem- 

ber in each and every year, at such place as the trustees for 
the time being shall appoint, and of which election they shall 
give at least fifteen days previous notice by advertisenicnt in 
some newspaper in or near the city of Nauvoo. At every elec- 
tiorj of trustees each stockholder shall be entitled to one 
vote on each share of stock owned by him: Provided., 

Proviso. That no stockholder shall be entitled to more than twen- 

ty votes, and said stockholders may vote either in person or 
by proxy. The elections for trustees shall be conducted in 
such manner as shall be pointed out by the by-laws of said 
Vacancies Corporation; and whenever a vacancy shall happen by death, 

how filled resignation or otherwise, among the trustees, the remaining 
trustees shall have power to fill such vacancy until the next 
general election for trustees. 

Election of Sec. 9. The trustees of said corporation, as soon as may 

officers ^g g^fj^j. ^i^gjj. appointment or election under this act, shall 

proceed to elect out of their number a president, treasurer 

and secretary, who shall respectively hold their offices during 

one year, and until others shall be elected to fill their places, 



INCORPOKATIONS. Hi 

and whose duties shall be defined and prescribed by the by- 
laws of the corporation; and said trustees shall also 
appoint such agents and other persons as may be neces- 
sary to conduct the proper business, and acconnplish the de- 
clared objects of said corporation, and shall likewise have 
power to fill any vacancy occasioned by the death, resig^na- 
lion or removal of any officer of said corporation. 

Sec 10. This act shall be construed as a public act, and Act deemed 
continue in force for the period of twenty years; and the public 
trustees appointed under the provisions of this act shall hold 
their first meeting at the city of Nauvoo on the first Monday 
of April, A. D., one thousand eight hundred and forty-one. 

Approved, February 27, 1841. 



An ACT to incorporate the Rock River Navigation Company. 



In force Feb^ 
27, 1841. 



Sec 1. Be il enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That all persons who 
shall become stockholders under the provisions of this act, 
are hereby created a body politic and corporate, and shall 
have existence for and during the full end and time of fifty 
years from and after the passage of this act; and shall be Name &, atyk 
known by the name and style of the "Rock River Naviga- 
tion Company," for the purpose of improving the navigation 
of said river, by completing the improvements already com- 
menced by the State on said river. In any way they may 
deetn most advisable, at the Lower Rapids of said river, in 
Rock Island county, at the Upper Rapids in Whiteside coun- 
ty, and also the improvement of the rapid? at Rockford in 
Winnebago county, and for the purpose of removing such 
obstruction to the navigation of said river as said company 
may think most conducive to the public interest, at all points 
between the junction of said Rock river with the Mississippi 
and the northern boundary of the State of Illinois on said 
river, by building dams, locks, canals, and the creation of 
slack water navigation. 

Sec. 2. That said stockholders and their successors, by Corporate 
the name and style of the "Rock river navigation company," povrers 
shall have power to contract and be contracted with, and be 
capable in law and equity to sue and be sued, to plead and 
be impleaded, to answer and be answered unto, to defend 
and be defended, in all courts and places, and in all matters 
whatsoever; said corporation may have a common seal, which 
they may alter and change at pleasure. 

Sec. 3. The capital stock of said company shall be two Capita! stock 
hundred and fifty thousand dollars, and to be divided into 
shares of one hundred dollars each; and said capital stock 
may hereafter be increased to any amount not exceeding 
four hundred thousand dollars, should the stockholders deem 



l42 INCORPORATIONS. 

the same necessary, and to be by them expended in impio- 
ving the navigation of Rock river, in the erection of mills, 
buildings, mechanical worlcs, and the building of boats adap- 
ted to the navigation of said river, when and where, on or 
near said river, the said stockholders shall deem the same 
useful or necessary, and the said capital stock, or the shares 
thereof, shall be held and considered as personal property. 
Subscriptidns Sec. 4. Books for the subscription to the capital stock 
of said company, shall be opened on the tirst Monday in 
June, one thousand eight hundred and forty-one, and continue 
open for at least two days, at Rockford, in Winnebago coun- 
ty, at Dixon, in Lee county, and at Stephenson in Rock Island 
county, after giving at least thirty days' notice of the time 
and place of opening said books in three of tiie nevspa- 
pers published in this State, and nearest to the place of re- 
ceiving said subscription; and should the whole of the capi- 
tal stock of said company not be subscribed for at the time 
and places beforementioned, then the commissioners herein- 
after named, or the president and directors hereafter created, 
shall have power to adopt such measures for the further dis- 
position of said capital stock as to them shall seem most ad- 
visable, and the sum of five dollars on each ^.nd every share 
of said stock shall be paid at the time of subscription, and 
the residue at such times and in such instalments as the pre- 
gljj^j^^jjg^ "j^Q,..sidcnt and board of directors hereinafter created shall call 
feited for the same, and unless the instalments shall be so paid when 

called for by said directors, said stock so subscribed for shall 
be forfeited to said company. 
Com'rs to sn- Sec. 5. S. M. Church, of Rockford, L. Andrews, of 
perintend sub- Grand de Tour, John Dement and Samuel M. Bowman, of Dix- 
ecriptions ^^^ Nelson Mason, of Sterling, in Whiteside county, and Si- 
las Read, of Stephenson, are hereby appointed commission- 
ers to superintend the subscription to the capital stock of the 
company hereby created, and as soon as twelve hundred and 
fifty shares of said stock shall have been subscribed for, and 
the first instalment of five dollars as aforesaid shall have 
been paid in, the commissioners, or a majority of them shall 
Election ci' give public notice that an election will be held in the town of 
directors Dixon by said stockholders, at which election the said com- 
missioners shall be judges for the purpose of electing seven 
directors to manage the affairs of said company. Each share 
shall be entitled to one vote, which may be given in person 
or by proxy, and tlie seven persons voted for who shall 
have the highest number of votes, shall be duly elected, 
and shall be directors of said company, until others are elec- 
ted and qualified, and the said directors so elected shall choose 
one of their number as president of said company, and shall 
have power to appoint such other officers and agents as they 
may deem necessary for the good management of thei- busi- 
ness, and the said commissioners shall certify to the names 
of those thus elected directors,,, fj,nd shall deliver over to 



INCORPORATIONS. 143 

them all subscription moneys, books, papers, &c., and shall 
appoint the time and place of holding their first meeting. 

Sec. 6. And for the purpose of more fully and complete- Subscnptions 
ly attaining the object in the creation of this company, the mnj berecei- 
riirectors thereof shall have power to receive in payment "^^^ j" P^^^t in 
for one-half of the subscription to the capital stock, bonds mortgages 
and mortgages bearing seven percent, interest annually, on 
unencumbered real estate in this State, atone-half of its ap- 
praised value, which value shall be ascertained by three sworn 
and disinterested persons who shall be appointed by the cir- 
cuit judge of the district in which said lands lay, and to ob- 
tain a loan to the amount of the capital stock paid in, in mo- 
ney, and bonds or mortgages, and to pledge the same, to- 
gether with all its improvements for the faithful repayment 
thereof. 

Sec. 7. The management of the affairs and business of 
said company shall be by a board of directors chosen annu- Directors cbo- 
ally, and who shall hold their office for one year, and untiP^" ^°°"*^'y 
their successors are duly elected and (jualitied; and the board 
of directors shall have power to make and establish such by- 
laws, rules and regulations for the government of said com- 
pany, and the management of its business, as to them shall 
seem most proper and expedient: Provided, the same is not in proviso, 
violation of the laws and Constitution of the United States or 
of t'hisState or of the provisions of this act: .^/io! Prowzrfec/,a^so, ,j"" ^^ ^^^°' 
Thai" the said company shall not at any one time acquire and 
hold more than the amount of three sections of land. 

Sec. 8 To enable the stockholders of this company to Obstructions 
become fully and completely entitled to all the benefits and to be removed 
provisions of this act, they sha'l, within the period ol five years ^° J^nrs 
from and after the passage of this act, so far improve and over- 
come the obstructionsto the navigation of Rock river at the ra- 
pids thereof near its mouth, at the Upper Rapids in Whiteside 
county, and at the Rapids at Rockford,in Winnebago coun- 
ty, either by dams and locks, or canals, as to afford a com- 
plete passage to all steam boats or other water craft draw- 
ing less than three feet water, and during the progress of 
these improvements, no construction of this act shall debar 
said company from all the benefits which may arise there- 
from, and when the same shall be created by the operations 
of the said company, they shall have the sole right and pow- 
er to use, dispose of or lease all the water power arising there- 
from, and in case said improvements ;is above specified shall 
lay out of repair at any one time, making due allowance lor 
extraordinary accidents, for the period of three months, then 
all rights herein granted shall become forfeited. 

Sec. 9. The State of Illinois hereby reserves to itself the RjVhts reserv 
right to resume the control of the improvements on said riv- ed 
er, together with all the privileges thereunto belonging at any 
time after the expiration of twenty years from and after the 
passage of this act, on the following conditions, to wit: by 



144 INCORPORATIONS. 

paying to the stockholders of said company the cost of the 
same, with interest at six per cent, per annum from the com- 
pletion of the said improvements, and the said company i? 
hereby required to keep a true and accurate account of all 
expenditures made on said improvements, and on or before 
the first day of January of each year, to file in the Auditor's 
office of this State, a true and correct copy of all expencJi- 
tures so made, attested by the oath of the president of said 
company. 

Sec. 10. The State of Illinois, for and in consideration of 

^mckh°lder ^ fo^neys expended by the State on said river heretofore, for 
the improvement of the navigation thereof, and for the pur- 
chase of land whereon to make the same, is hereby made a 
stockholder to the just and full amount of four hundred 
shares, which shall form a part of the twelve hundred and 
fifty shares heretofore mentioned, and all the use and benefit 
of said improvements and expenditures, as well as all rights 
and privileges heretofore acquired by the State, are hereby 
transferred to said company whenever the said company 
shall organize as aforesaid; and it shall be the duty of the 
aforesaid commissioners or directors, to give the Governor of 

rernor '° ^°' t^is State not less than fifteen days' notice of the time and 
place of holding all elections, and it shall be his duty forth- 
with to appoint some suitable person as a director, whose du- 
ty it shall be to represent the stock owned by the State in said 
company, and he shall be eligible to any office or piivilege 
at said board. 

To commence Sec. 11. The company hereby created shall be required 

ia 12 months to commence the improvements on Rock river within twelve 
months after their organization as aforesaid, and shall expend 
thereon not less than the sum of five thousand dollars within 
two years therefrom. 

Lands may be Sec. 12. And whenever it shall become necessary for said 

taken company to enter upon and take possession of any land ne- 

cessary to the creation and maintenance of the slack water 
navigation of said river, said land shall be paid for by said 
company, at such prices as may be agreed upon by said com- 
pany, and the owner or owners thereof; and in case of disa- 
greement the price thereof shall be recovered in the man- 
ner provided by the laws of the State for the recovery of 
damages arising by laying out of highways. 

Rate of toll ^^^* ^^' It shall be lawful for the Rock river navigation 
company hereby created, from time to time, to fix and regu- 
lat'j uniform rates of tolls on all boats or water craft that 
may pass the improvements made by said company, and the 
amount to be charged as tolls at each lock on the different 
boats or water craft aforesaid, to be as follows, to wit: For 
steam boats, barges or keel boats, forly cents per ton. United 
States' measurement; for each flat boat less than forty-five 
feet in length, three dollars; for each flat boat more than 
forty-five feet in length, and less than ninety feet in length, 



INCORPORATIONS. l45 

five dollars; for each raft of timber, plank or other lumber, 
measuring sixty feet in length and twenty in width, four dol- 
lars; Provided, That said dam or dams, lock or locks, be kept 
in good repair, and that the same be suitably tended so as 
not to detain unnecessarily any boat or craft in passing 
through the same: And Provided^ further. That the tolls shall Proviso 
be so graduated as not to enable the stockholders to realize 
more than fifteen per cent, perannum, on the amount expen- 
ded in improving said river, and in permanent fixture? for the 
benefit of the navigation thereof. 

Sec. 14. It is hereby further provided, that the stockhold- Stockholders 
ers of said company shall have the right <o purchase the in- ^^Jr^g^'^j,/^*^^ 
terest of the State as a stockholder in said company, by pay- State 
ing the subscription price thereof, and whenever the stock- 
holders shall desire so to do, the Governor of this State is 
hereby authorized to sell and transfer the same to said stock- 
holders, if he shall deem such sale for the best interests of 
this State and not otherwise. 

Approved, February 27, 1841. 



An ACT to incorporate the Cairo City Mills. jn fojce Feb. 

27, 1841. 

Sec. 1. Be it- enacted by the People of the State of Illinois, 
represented in the General Assembly, That Henry Eckford, Oli- 
ver Clark and Henry W. Bissings, and all such persons as 
shall become subscribers to the stock hereinafter described, 
shall be, and they are hereby constituted and declared a body 
corporate and politic, by the name and style of the "Cairo Niime &, style 
City Mills," from and after the passage ol this act; and by 
that name, they and their successors shall have succession, 
and shall in law, be capable of suing and being sued, plead- 
ing and being impleaded, in all courts and places whatsoev- 
er; may have a common seal alter and change the same at their (3Q^J^^g 
pleasure; and they and their successors may also, by that powers, 
name and style, be capable in law of contracting and being 
contracted with, of purchasing, holding and conveying away 
real and personal estate, for the uses and purposes of the said 
corporation as hereinafter limited. 

Sec. 2. The president and directors of said company, 
hereinafter provided for, shall have power and are hereby g^" ^^ P°^" 
authorized to carry on the manufacture of the agricultural 
products of the country, to erect mills, machines, works, and 
such other buildings, as may be necessary to carry on their 
businessj and enter into all contracts which may concern 
the use and management of the property, affairs, and inter- 
ests of the said company. 

Sec. 3. The capital stock of said company shall consist Capital stock 
of one hundred thousand dollars divided into shares of one 
hundred dollars each. 
10 



146 INCORPORATIONS. H 

-i 

Cora'rs to ob- Sec. 4. That for the purpose of carrying into effect the 
tfon ^"''^^'"'P' objects of this corporation, the persons named in the first , 
section of this act, or either of them, are hereby appointed 
commissioners to obtain subscriptions to the capital stock of , 
said company, and may open books for said subscription at 
such time and places, as they or he may deem expedient; and , 
when at least five hundred of said shares shall have been sub- 
scribed, and one dollar on each share paid thereon, said commis- 
sioners shall within thirty days thereafter, call a meeting of 
Meenng^^^of^j^g *^®^^'^®^^®^* ^^ Cairo, in Alexander county, by a printed 
* notice in some newspaper, of general circulation in this 
State. 
Election of di- Sec. 5. That at said meeting the stockholders of said 
rectors. company shall proceed to elect five directors, who shall ma- 

nage, direct and govern the affairs of said company, one 
year from the period of said election, and until their suc- 
cessors, who shall be vested with the same authority, are 
elected. 
Each share Sec. 6. And that at said election each stockholder shall 
one vote. *° ^® entitled to give one vote for each share of stock he may 
hold, and a majority of all votes given shall be required to 
make an election. 
Annual elec- Sec. 7. That the period of election shall be annually on 
*^*"*" the first Monday of the month in which the first election 

shall be held, and if it shall so happen that any election does 
not take place upon the day appointed, the same may be held 
on any day thereafter, the acting president giving the notice 
thereof required in the first section. 

Sec. 8. That immediately after the directors are chosen 
as above, they shall hold a meeting, at which, and all subse- 
Quorum. quent meetings, a majority shall constitute a quorum; that 
they shall proceed to the election of a president from one of 
President and their number, a secretary who shall be sworn by a justice of 
other oflBcers. the peace to the faithful discharge of his duty, and who shall 
record all the proceedings of the said corporation, under the 
direction of the said president and directors, in a book to be 
kept by him for that purpose; a treasurer who shall give 
To give bond, bond to such amount and in such manner as the said presi- 
dent and directors shall direct, and may appoint such other 
officers and agents as to them may seem necessary. 
By-laws. Sec. 9. That the said president and directors shall have 

power, from time to time to make all such by-laws, rules and 
regulations, not inconsistent with the Constitution and laws 
of this State, or of the United States, which may be neces- 
sary for the payment or collectioa of subscriptions to its 
stock, and the transfer of the same, the conveyance of pro- 
perty, the payment and collection of dues, to or from said 
company, or that in any other way concerns the interest, 
management, or direction of the affairs of said company, 
ter™ o c ar- ^^^ ^q rpjhe corporation hereby created shall continue 
for the term of twenty years. 



i 



INCORPORATIONS. 



147 



Sec. U. This act to be in force from and after its pas- Act^.^'^e^'^^'* 
sage, and shall be taken and considered a public act in all^" 
courts of record, and also in all courts of justices of the 
peace, and shall be beneficially construed. 

Sec. 12. The powers, provisions, rights and immunities, ^^.^^ ^^^ 
hereby granted by this act to the Cairo city mills, be, and ^^^j^g 
the same are hereby fully, to all intents and purposes, con- 
ferred upon William Bellows, William Hathaway, and Miles 
A. Gilbert, their associates, successors and assigns, under the 
«tyle and name of the "Cairo Foundry works," and the said corporate 
company may carry on the manufacture of iron and other powers. 
metals; may erect mills, works and buildings for manufactu- 
ring purposes, and may export their manufactures; and the 
said William Bellows, William Hathaway and Miles A. Gil- 
bert, or either of them, are hereby appointed commissioners Com'rB to re- 
to obtain subscriptions for said stock in the manner provi-^^^iy^ ^"'** 
ded in the fourth section of this act, and the first and all subse-^°"^ '°"" 
quent meetings of said stockholders shall be held at Cairo, 
in Alexander county. 

Sec. 13. Nothin;! contained in this act shall confer on „ 
., . i°i- .u--^^- Powers not 

said corporation, bankmg powers, or authorize it to issue conferred. 

notes in the similitude of bank notes, to be used as a circu- 
lating medium, as, or in lieu of money: Provided, That the proviso 
General Assembly of this State may alter, amend or repeal 
this act, if the public good may require the same. 

Approved, February 27, 1841. 



An ACT to incorporate the Louisville Exporting, Importing and Manu- 
facturing Company. j„ force, Feb. 

Sec. 1. Be it enacted by the People of the State of Illinois, ' 
represented in the General Assembly, That Isaac Martin, Sam- 
uel D. Moore, Abraham Martin, Bazell Davis, Jesse R Sor- 
rells, J. W. Sulivan, and John Ditter, and their associates, 
successors and assigns, be and they are hereby constituted a 
body corporate and politic by the name and style of the Name & style 
"Louisville Exporting, Importing and Manufacturing Com- 
pany," for the more convenient owning and conducting of a 
saw and grist mill to be propelled by water or steam en- 
gines, in the county of Clay, and the transaction of all the 
usual business of companies engaged in the manufacture of 
flour, meal and lumber, and other goods, wares and mer- 
chandize, and the transportation of and vending of the same; Copporate 
and the said corporation, by the said name is declared and powers, 
made capable in law to sue and be sued, to plead and be im- 
pleaded, to have a common seal, and the same to alter and 
renew at pleasure, to make rules and by-laws for the regu- 
lation 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; and 



148 



INCORPORATIONS. 



thej shall be exclusively confined to the operations necesaal 
ry for carrying on the said business. ; 

Land may be Sec. 2. The said corporation shall have the right to hol(|| 

held. premises and enjoy any quantity of land not exceeding om 

thousand acres, and the whole capital slock shall not exccec 
in value twenty thousand dollars, and shall be divided int( 

Capital stock, two hundred shares of'one hundred dollars each, which capi 
tal shall be employed in purchasing the lands aforesaid, ani- 
in purchasing, constructing, employing and using buildings 
machinery, teams, tools, utensils and all things necessary am 
proper for the manufacturing of meal, flour, lumber, &c 
and transportation and sale ol the same, and for the purchas 
of pork, beef, corn, wheat, wares, and merchandize, and grc 
ceries, timber and other materials for the successful proscci 
tion of the object intended by the company, and vending th 
goods, merchandize, and'all other produce and commoditie 
of the country, so as more fully to carry on the operations c, 
the said company. Every member of the company sha 

stock. have a certificate under the seal of the corporation, whie 

shall be made and altered in such manner and form as th 
by-laws shall prescribe, certifying his property in the shar 
or shares owned by him in the stock of said company, sha 
in the nature of peisonal property be assignable and tran; 
ferablc, according to such rules as the board of directoi 
shall establish; and no stockholder indebted to the compan 
shall be permitted to make a transfer or receive a dividen 
until such debt is discharged or security given for the sam 
to the satisfaction of the directors. 

Election of di- Sec. 3. For the managing of the affairs of the said corj3( 

rectors. ration, there shall be chosen from the stockholders seven dj 

rectors, who shall hold their office for one year or until svl 

Notice. perseded by others. Ten days' previous notice shall b 

given in one or more newspapers published in the nearet 
town of the first election for directors, or shall put up vvri 
ten notices in three of the most public places in the count 
aforesaid, under this act, and there shall be annually then 
after a like election for directors, each proprietor of a shai 
in the capital stock shall be entitled to one vote for each an 
every share held and owned by him, which vote shall b 
given either by himself in person or by his proxy, duly ai 
ihorized under seal, and a majority of the shares shall be nece 
sary to a choice of directors for the transaction of any bus 
ness which may concern the company, and come before th 
stockholders. 

Quorum. Sec 4. A majority of the directors shall form a quorui 

to transact business, and they shall meet within thirty da} 
from the time they shall have been chosen, at l<ouisvi!le, on 

Election of choose by ballot one of their number for president, who sha 

president. serve for one year, or until superseded by a new electior 
and there shall be annually thereafter a like election in th 
town of Louisville by the said directors for the time bein| 



I INCORPORATIONS. 149 

af president for the said corporation; the said directors shall 
also have power to choose and appoint a secretary and tret)- ggj,^.^^^^^. ^l 
surer, and such other officers and agents to conduct and other officers. 
promote the business of said corporation as they shall deem 
necessary and proper, and prescribe their duties from time 
to time, in any way said directors may think best. The said 
directors shall cause to bo kept duly recorded in books to be Record of pro- 
provided and kept for the purpose, minutes of all their pro- ceedings. 
feedings and regular accounts of all their transactions, 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 President 
power, for good cause, to be spread at large, together with "J^^ ^® ''^™''" 
the proof in support thereof, upon the minutes aforesaid, to 
remove the president from office. They shall have power also 
to supply any vacancy which may occur in the office of presi- X^'^^i'n'^^ 
dent or in their own body, and the president and directors 
thus chosen shall hold his [thcirj office until the next suc- 
•ceeding annual election for such officers. 

' Sec, 5. The directors may from time to time at any Instalments- 
meeting assess and require payment of such sum of money 
'not exceeding twenty per cent, upon each share of the capi- 
tal stock, as shall be deemed by them necessary for the pur- 
poses of the corporation, to be paid into the hands of the 
treasurer, and if after the publication of notice in a newspa- 
per once a week for two months after the time of ^payment 
'of any proportion or instalment of said capital stock, if any 
stockholder shall fail to pay his instalment of said capital 
stock at the time specified in such notice, the amount paid by ^*'''^^'"'"^ °^ 
;5uch delinquent stockholder previously shrill be forfeited to 
the company, and his stock may be sold to any person atsuch 
price as may be agreed upon between said company and the 
purchasers. 

Sec. 6. The dividends of the nett profits of said company Dividends 
shall be made at such time as shall be determined by the 
'stockholders in general meeting, which dividend shall be paid 
to the person entitled to the same on demand made ten days 
after making and declaring such dividend. Such declara- 
tion and amount of said dividends shall be published once or * 
more by written notices posted up at three of the most public 
places, or in the nearest public newspaper in said county. 

Sec. 7. The treasurer of said company within thirty days Treasurer to 
after the appointment, shall enter into bonds for the faithful ^"^ 
discharge of his duty, in such manner 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 
kept and placed lo the credit of said company. Said money Monies how 
shall only be drawn by order of the clerk, countersigned by^^'^^"- 
sthe president of the corporation. 



150 INSURAIfCE COMPANIES* 

It 

Stock deemed Sgc. 8. The stock of said company shall be deemed pef-i 
tate.°°^ ^^'sonal estate, and pass as such to the legal representatives of 
Proviso each stockholder: Provided, That the real estate which may 

be held by said corporation when they may think proper, so 
to dispose according to the forms and in the manner prescri- 
bed by the law conveying real estate. The president of the 
company, the acknovi^ledgment in behalf of the corpora- 
Farther pro- tion : And provided further, That the said corporation du- 
""*°* ring the period of its existence which shall terminate at the 

expiration of twenty years from the passage of this act, shall 
not purchase and hold any greater quantity of land than one 
Rights reserv- ti^Qygand acres, and the Legislature hereby reserves the 
right to alter, amend and modify said charter when the pub- 
lic good requires it. 

Approved, February 27, 184L 



An ACT to amend the act entitled "An act to incorporate the Jo DavieBs 
In force Feb. Marine and Fire Insurance Company. 

17, 1841. 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
Commission ^^P^^^ented in the General Asserubly, That John Atchison,^ 
era. ' Henry J. Morrison, R. J. Taylor, R. W. Brush and T. Bj 

Farnsworth, be, and they are hereby appointed commission- 
ers for superintending subscriptions to the capital stocki 
of said company, and the said commissioners shall open one 
or more subscription books for said stock at such time and 
place in the town of Galena as they shall direct, within 
twelve months from and after the passage of this act. 
N t'ce ^^c, 2. That notice shall be given in one of the papeiii 

published in the town of Galena, setting forth the time and) 
place, and at least thirty days previous to the opening ol' 
the said books of subscription. 
. 11. ^^^* ^" T'^® election of directors of said company shap 
tion. be conducted as heretofore provided, and shall hold their of-i 

fices until the first Monday in June, one thousand eight hui^i 
dred and forty-two, and until others are elected in their stead, 
and the directors for every subsequent year shall be electefl 
on the first Monday in June. 
Forfeiture of Sec. 4. The charter of the said company hereby amendetf^ 
shall be void and of no effect unless the stock shall be sub*: 
scribed and the company commence operations within tw^ 
years from and after the passage of this act; and the twenty 
second section of the act to which this is amendatory, as 
well as every other part of said act conflicting herewith, and 
the amendatory act passed February nineteenth, one thou- 
sand eight hundred and thirty-nine, is hereby repealed. 
The corporate powers and existence of said company shall 
expire at the termination of twenty years from the passage 
of this act. Approved, February 17,1841. 



INSURANCE COMPANIES. 



151 



An ACT to amend an act entitled "An act to incorporate the Tazewell 
County Commercial and Fire Insurance Company ," approved, March 
2, 1839. Id '^o'ce Feb. 

' 18, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the corporate name Name cbang- 
of the "Tazewell County Commercial and Fire Insurance ed 
Company," be, and the same is hereby changed, and here- 
after it shall be known and styled "the Pekin Insurance j^ame & style 
Company," and by that name it may contract and be con- 
tracted with, sue and be sued, plead and be impleaded, and 
transact all other business authorized by the act to which 
this is an amendment. 

Sec. 2. The capital stock of said company may be loan- fj^^^j™^^ *'* 
ed by said company on personal security: Provided, No 
greater rate of interest shall be demanded or taken than is 
authorized by the tenth section of the act to which this is an 
amendment. Approved, February 18, 1841. 



An ACT to incorporate the Peoria Marine and Fire Insurance Company. 

Tn (orcG Feb 

Sec. 1. Be it enacted by the People of the State of Illinois, 20, 1841. 
represented in the General Assembly, That Isaac Underbill, 
Francis Voris, William Frisby, Andrew Gray and Charles 
Kettelle, be, and they and all persons who may hereafter 
become members, are hereby incorporated as a body politic 
and corporate by the name and style of the "Peoria Marine 
and Fire Insurance Company," and said company shall pos- *™® ^'^ ® 
sess all the powers, privileges, rights, and immunities that 
are granted to the Mount Carmel marine and fire insurance 
company by the act incorporating said company, approved, 
March second, one thousand eight hundred and thirty-seven, "^^'^^g '^'^ 
and shall be organized and conducted according to the pro- 
visions of said act of incorporation so far as the same are or 
can be applicable to this company. 

Sec. 2. The capital stock shall be fifty thousand dollars Capital stock 
and may be increased to one hundred thousand, in the dis- 
cretion of a majority of the directors of said company, to be 
divided into shares of one hundred dollars. 

Sec 3. The said commissioners, or a majority of them, Time of open- 
shall open one or more subscription books for said stock on^°^ 
the first Monday in May next, or so soon thereafter as prac- 
ticable and convenient, at the court house in the town of 
Peoria, and if the books for subscriptions to stock shall not 
be opened on the said first Monday in May, ten days' notice 
shall be given by a majority of said commissioners of the 
time and place of opening the same. 

Sec 4. The first election of directors under this act shall First election 
be held at such time and place in the town of Peoria as a ma- 
jority of the said commissioners shall direct, or in default of such 



152 



INSURANCE COMPANIES. 



direction, then it shall be competent for the subscribers to fix 
upon the time of said election at the court house in said town 
of Peoria by a majority of shares subscribed. 

Approved, February 20, 1841. 



In fo'ce Feb ^^ ACT to incorporate the Springfield Marine and Fire Insurance 
'23,' 1841. ■ Company. 

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

represented in the General Assembly^ That there shall be es- 

Name &8tylejj^[jjjgj^pj in the city of Springfield, an insurance company, 

to be called the "Springfield Marine and Fire Insurance 

Company." 

Sec. 2. All such persons as shall hereafter be stockholders 
of said company, shall be and they are hereby declared to be 
Term of act. a body corporate and politic, by the name and style of the 
"Springfield Marine and Fire Insurance Company," and to 
continue twenty years from and after the passage of this act, 
and by that name and style shall be competent to contract 
and be contracted with, and be capable in law and equity to 
sue and be sued, to plead and be impleaded, answer and be 
answered unto, defend and be defended, in all courts and pla- 
ces, in all matters whatsoever. 
Cornorate ^^^* ^' "^^^ ''^'^ corporation may have and use a common 

powers seal which they may alter, change or break at pleasure, and 

may also make and establish, and put in execution such by- 
laws, ordinances and regulations as shall, in their opinion; be 
necessary for the good government of said corporation, and 
the prudent and efficient management of its affairs; no by- 
laws, ordinances and regulations of the same, shall be in any- 
wise contrary to the Constitution and laws of the United 
States, or of this State. 
Capital stock Sec. 4. The capital stock of said company shall be one 
hundred thousand dollars, to be divided into shares of fifty 
dollars each, to be paid in such instalments as the directors 
chosen under this act may, from time to time direct, under 
such penalties as the president and directors may in their 
Stock increa- discretion appoint and order. The said capital stock may 
*^^ hereafter be increased to an amount not exceeding five hun- 

dred thousand dollars, in the discretion of a majority of the 
directors of said incorporation, to be subscribed for and ta- 
ken under the direction and superintendence of the presi- 
dent and directors aforesaid, or by any person or persons 
duly appointed by a majority of said directors in the same 
manner as is provided for the subscription to the original cap- 
Stock [assign- it^l stock. The stock of said corporation shall be assignable 
»ble and transferable according to such rules as shall be adopted 

in that behalf by the by-laws and ordinances thereof. 
To make in- Sec. 5. The corporation hereby created shall have pow- 
surance ^^ ^^^ authority to make marine insurance upon vessels, 
goods and merchandize, freights, monies, bottomry, respon- 



INSURANCE COMPANIES. 



153 



dentia, interest, and on all marine risks and inland naviga- 
tion and transportation, and against all losses by fire, of 
any building or houses whatsoever, and vessels on the stocks; 
snd also to receive monies on deposite, and to loan the sameMaj receive 
on bottomry and respondentia or otherwise, at such rates of ™°°*^^ o'* ^^" 
interest as may now or hereafter be done by the existing ^ 
laws of this State; and they may also cause themselves to be 
reinsured against any maritime risks upon vs^hich they have 
made insurance, and upon the interest which they may have May be insu- 
in any vessels, goods or merchandize, or houses in virtue of 
any such insurance, whether on bottomry, respondentia, or p^g^jj^^g 4. 
otherwise, on such terms or conditions as may be agreed up- times of pay- 
on by the parties, and to fix the premiums and times of pay- ment 
ment. 

Sec. 6. All policies of insurance by them made, shall be Pojicie* 
subscribed by the president, or in case of his death or ab- 
sence, by the vice-president, and countersigned and sealed 
by the secretary of said company; and all losses arising under 
any policies so subscribed and sealed, may be adjusted and 
settled by the president and board of directors. 

Sec. 7. The said corporation shall not take any risk nor Policies may 
subscribe any policy by virtue of this act until one-fourth ^^ "^"^'^ 
part of the capital stock thereof shall have been actually 
paid in. The said company shall not directly nor indirectly Shall not deal 
deal or trade in buying or selling any goods, wares or mer- ^" ^'*"® 
chandize whatsoever; but the president and directors may, 
at their option, vest the capital stock of said corporation in 
the stock of any incorporated bank, trust company, or public 
funds of the United States, or any State in the Union. They 
shall have povi^er also to loan to any citizen of this State, any JJ^Yi i^ock*'*' 
portion of the capital stock, not exceeding fen thousand dol- 
lars to one individual, on bottomry, bond, mortgage of real 
estate, or other satisfactory security, at their discretion, at 
such rate of interest or discount, (according to bank usage of 
discount) as any individual is now, or may hereafter be au- 
thorized to loan by contract. 

Sec 8. The said corporation may purchase and hold such May hold real 
real estate as may be deemed necessary for the transaction 
of its business, and an amount at any time not exceeding 
thirty thousand dollars, and to take and hold any real estate 
or securities, mortgaged or pledged, of the said corporation 
to secure the payment of any debt due or to become due to 
it; and also to purchase on sales made by virtue of any 
judgment at law, or any decree of a court of equity, or oth- 
erwise; to take and receive any real estate in payment 
or towards satisfaction of any debt previously contracted or 
due to the corporation, and to hold the same until they can Lands held to 
conveniently and advantageously sell and convert the same be sold 
into money or other personal property, and to sell and convey 
said real estate or any part thereof. 



IM 



INSURANCE COMPANIES.' }V 



S™e" ^° ub- ^^^' ^' *^°^" Taylor, Robert Irwin, James Adams, John 

scriptions ' Williams, S. B. Opdycke, are hereby appointed commission- 
ers for superintending subscriptions to said capital stock, and 
the said commissioners or a majority of them shall open one 
or more subscription books for said stock, on the first Mon- 
day of April, in the year of our Lord one thousand eight 
hundred and forty-one, in tliecity of Springfield, and such other 
places as they may think proper, or any other time and place 

Notice by giving twenty days' notice of the time and place in the 

newspapers published in the city of Springfield, and the sum 
of two dollars on each share subscribed lor shall be paid to 
said commissioners at the time of making such subscriptions; 
the books may be closed whenever the whole of said stock 
shall be subscribed. And whenever a board of directors shall 
be duly elected, the said commissioners shall deliver over to 

Payment said board of directors said books, and shall pay over to said 
board the whole amount of money by them respectively or 
jointly received, except so much as shall be retained for the 

may be re- expenses incurred by them in executing the duties imposed 

taiaed on them by this act. 

Sec. 10. In case of the death, resignation, or absence of 

In case of va- ^"y ^^ ^^e commissioners named in this act of incorporation, 

cancy it shall and may be lawful for any three of them to form a 

quorum and proceed to business, whose duties shall be the 
same in the premises as those prescribed to the whole of 
said commissioners by this act of incorporation named, and 
their acts as such shall be legal. 

Management Sec. 11. The stock, property and concerns of said incor- 
poration, shall be managed and conducted by seven direc- 
tors who shall be chosen by the stockholders of said compa- 
ny under the superintendence of the commissioners or a ma- 

T«rm of office jority of them, and who shall hold their offices for one year, 
unless others shall be chosen before the expiration of that 
time, and who shall at the time of their election be citizens 

^ of this State, and holders respectively of not less than ten 

^ shares of the capital stock of said company. 

Annual efec- Sec. 12. The directors for every subsequent year shall be 

tion elected on the first Monday of May in each year, at such 

time of the day, and at such place within the city of Spring- 
field, and under the direction of such persons as a majority 
of the directors for the time being, shall appoint, by a reso- 
lution to be entered on their minutes. 

Elections by ^^^' 1^* All elections shall be by ballot, allowing one 

ballot vote to each share of the capital stock, and the seven per- 

sons who shall have the greatest number of votes shall be di- 
rectors; and if at any election two or more persons shall have 
an equal number of votes so as to leave their election unde- 
cided, then the directors who have been duly elected shall 
proceed by ballot, and by a plurality determine which of 
said persons so having an equal number of votes shall be di- 
rector or directors, so as to complete the whole number; and 



INSURANCE COMPANIES. 155 

whenever any vacancy shall happen for the office of presi- Vacancies 
dent, vice-president or directors, from death or other cause, ^°^ ^^'®*^ 
such vacancy shall be filled for the remainder of the year in 
which it shall happen by the directors, for the time being, or 
a majority of them. The said commissioners, as provided 
for by this act to superintend elections, shall certify under 
their hands and seals the persons elected, and deliver such 
certificates to the persons so elected or to some one of them, Certificates 
and if through any unavoidable accident said directors shall 
not be chosen on the first Monday as aforesaid, it shall be 
lawful to choose them on any other day in the manner here- 
in provided. 

Sec. 14. The directors, when chosen, shall meet as soon Election of of- 
as may be, after every election, and shall choose out of their ^^^^^ 
number a president who shall be sworn or affirmed faithfully 
to discharge the duties of the office, and shall preside for 
one year, and until another person is chosen in his stead; 
and also a vice-president for the time; they shall have power 
to appoint a secretary and all subordinate officers of said cor- 
poration, fix their compensations, define their powers, and 
prescribe their duties; who shall give such bonds and in such Bonds 
penal sums, with such conditions and with such securities as 
the directors shall prescribe, and hold their several offices du- 
ring the pleasure of a majority of said directors. 

Sec. 15. The president or vice-president and four of the 
directors shall be competent to the transaction of business, 
and all questions shall be decided by a majority of votes. 

Sec. 16. The president and directors of said company Stock to be 
shall, previous to subscribing an^ policy, and once in each^ 
year, publish in two of the newspapers printed in this State, 
the amount of their capital stock. 

Sec. 17. The Legislature of this State shall never pass Collection of 
any law retarding or obstructing, or in anywise suspend- debts 
ing the collection of any debt or debts due said corporation. 

Sec. 18. It shall be the duty of the directors of said com-p. .'^ nd*' 
pany, at such times as the by-laws thereof shall prescribe, to 
make dividends of so much of their interest and profits ari- 
sing from the capital stock of said company as to them shall 
appear advisable; and in case of any loss or losses whereby ^ rif, 

the capital stock of said company shall be lessened before all ses 
instalments are paid in, each proprietor's or stockholder's es- 
tate shall be held accountable for the instalments that may 
remain unpaid on his or her share or shares at the time of 
such loss or losses taking place, asd no subsequent dividend 
shall be made until the sum arising from the profits of the bu- 
siness, or additional instalments on the capital stock shall be 
paid said company equal to such diminution; and once in 
every three years, and oftener if required by a majority of the 
votes of the stockholders, the directors shall lay before the Profits 
stockholders at a general meeting an exact and particular 



156 INSURANCJb. COMPANIES. 

Statement of the profits, if any there be, after deducting loss- 
ess and dividends. 
Act declared Seg. 19. This act is hereby declared to be a public act, and 
public shall take effect from and after its passage, and shall be lib- 

erally construed for every purpose herein contained. 
No banking Sec. 20. Nothing in this act contained shall confer on 
power said corporation the privilege of issuing notes similar to bank 

notes for the purpose of a circulating medium; but nothing 
herein shall be so construed as to prohibit buying and selling 
bills of exchange. 
Losses equal Seo. 21. That in case of any loss or losses taking place which 
to capital shall be equal to the amount of the capital stock of said com- 

stock » n 

pany, and the president and directors after knowing of such loss 
or losses having taken place shall subscribe to any policy of 
insurance, their estates jointly and severally shall be account- 
able for any and every loss which shall take place under pol- 
icies so subscribed; and the estates of stockholders as afore- 
said, shall be liable for any losses equal to the amount of 
said capital stock subscribed, and not actually paid in; in all 
cases of losses exceeding the means of said company, wheth- 
er they consist of stock paid in, or profits not divided. 
To commence Sec. 22. This charter shall be void and of no effect un- 
in 2 years ]ggg jj^g stock be subscribed and the company shall commence 
operations agreeably to the provisions thereof, within two 
years after the passage of this act. 

Approved, February 23, 1841. 



In force Feb, 
26, 1841. 



An ACT incorporating the Phoenix Insurance Company. 



Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That there shall be, and 
hereby is established in the city of Chicago, an insurance corn- 
Name & style P^'^^' *° ^® known by the name and style of "The Phoenix 
. Insurance Company," with a capital stock of one hundred 

api a 8 00 . i^j^Qjjgjjjjjj dollars, which may be increased at the will of the 
stockholders to any amount not exceeding five hundred thou- 
sand dollars, to be subscribed and paid for in the manner here- 
inafter specified. 

Sec. 2. Francis C. Sherman, Julius Wadsworth, Norman 
*"°™'^'b k ^" •^' -^^^^^ George Davis, and Francis Howe, or any three of 
open 00 s. ^^^^^ ^^^ ^^^ ^^^^ ^^^ hereby authorized to open books of 

subscription in said city, for the capital stock of said compa- 
ny at such time and place as they shall think proper, after 
„ . giving twenty days' notice of the same in either of the pubHc 

newspapers in said city, said books to be kept open for the 
space of three days, and until at least one hundred shares 
shall be subscribed, when the same may be closed, and said 
subscribers may, after six days' notice being given by said 
commissioners in manner aforesaid, meet, and under the in- 
spection of said commissioners, choose their directors, who may 



INSURANCE COMPANIES. 157 

at any time, after ten days' public notice given, cause the sub- 
scription books to be re-opened and continue open until the 
whole amount of said stock shall have been taken. 

Sec. 3. The subscribers for said stock, their associates, Powera. 
successors and assigns, shall be, and they are hereby declared 
a body corporate and politic by the name and style ol "The 
Phoenix Insurance Company," and shall be capable in law of 
contracting and being contracted with, suing and being sued, 
pleading and being impleaded, answering and being answered 
unto, defend and being defended against, in all courts and 
places whatever, in all manner of actions, suits, complaints 
and causes. 

Sec. 4. The said corporation may have and use a common By-laws- 
seal, which they may change, alter or break at pleasure; and 
may also make, establish and put in execution such by-laws, 
ordinances and regulations as shall, in their opinion, be neces- 
sary for the good government and management of the affairs 
of said corporation, and which are not repugnant to the laws 
and Constitution of this State or of the United States. 

Sec. 5. The corporation hereby created shall have full Marine risks, 
power and authority to take all marine risks of any and every 
kind, nature and description, and to make insurance upon in- 
land navigation and transportation and against losses, by fire, 
of buildings and all other property whatsoever, and to make 

all kinds of insurances upon lives, and all such other insurances , 

.1 J 1 1 i • 1 Insurance on 

as tney may deem proper; and also, to receive moneys on de- jj^gg^ 

posite, and to loan the same, and also their surplus or unem- 
ployed capital, or money, on personal, real or other security, 
at such rates Of interest as may now be done under the laws 
of this State, and to lend money upon respondentia and bot-^j^ jt„]gtock, 
tomry to companies, corporations, and individuals, upon such 
security as they shall think proper. They may also cause them- 
selves to be insured or re-insured against all or any risks upon 
which they may have made insurance; and also, upon all 
property of every kind, or any interest therein, owned by 
said company, or held by them as security, and generally to 
do and perform all necessary matters and things relating to, or 
connected with these objects or either of them. 

Sec. 6. The payment of the stock subscribed for shall be Payment of 
made by the subscribers, respectively, at the time and in the subscriptiens. 
manner following: that is to say, at the time of subscribing 
theie shall be paid on each share one dollar, and the balance 
due upon each share shall be subject to the call of the direc- 
tors, under such penalties as the board of directors may ap- 
point and order, and shall be secured to be paid on demand by 
approved notes, hypothecated stocks, mortgages on real estate 
or other satisfactory security. 

Sec. 7. The stock and affairs of said company or corpo- Management, 
ration aforesaid, shall be managed and conducted by five di- 
rectors, who shall be stockholders of said corporation, they 
shall, after the first year, be elected on the first Tuesday in 



158 



INSURANCE COMPANIES. 



Term of office- 



Election. 



Qaorum. 



Salaries of 
officers. 



Contracts, 
how signed. 



Stock deemed 
personal pro- 
perty. 

Maj hold real 
estate. 



:^'i-M^.^ 



June in each year, at such time and place in the city of Chi- 
cago as the board of directors for the time being shall appoint, 
and shall hold their offices for one year and until others shall 
be chosen to supply their places, and no longer. Ten days' 
public notice of said election shall be previously given, and 
the election shall be held under the inspection of three stock- 
holders to be previously appointed by the board of directors 
for that purpose, and shall be made by ballot by plurality of 
the stock represented, allowing one vote for every share, and 
stockholders not personally present may vote by proxy, made 
in writing directly to the person representing them at such 
election. In case that it shall happen at any time that an 
election of directors should not be made on any day when, 
pursuant to this act, it ought to have been made, the said cor- 
poration shall not for that cause be deemed to be dissolved; 
but it shall and may be lawful on any other day to make and 
hold an election of directors in such manner as shall be regu- 
lated by the by-laws and ordinances of the company. 

Sec. 8. The directors of said company shall, as soon as 
may be after their election in each year, proceed to choose 
out of their body one person to be president, who shall pre- 
side until the next annual election thereafter; and in case of 
the death or resignation of the president or any director the 
vacancy may be tilled by the board of directors, and in case 
of the absence of the president the board of directors shall 
have power to appoint a president /?ro tempore, who shall have 
all the powers and perform all the duties oi the president regu- 
larly chosen. 

Sec 9. The directors may, by the "ordinances or by-laws 
of said company, order what number of directors shall con- 
titute a board and be competent for the transaction of the bu- 
siness of the corporation, and they shall have power (subject 
to said by-laws) to appoint from their own body one or more 
persons to act and assist in the performance of the business of 
the company, with such salaries and allowances as they may 
think proper; and also, to appoint a secretary and such clerks 
and other servants as they may deem expedient; but all con- 
tracts, certificates and other instruments in writing, of said 
company, shall be signed by the president and secretary there- 
of, or either of them as may be provided by the by-laws of 
said company, and they shall have power to declare and 
make dividends of the profits arising from the business of said 
corporation. 

Sec 10. The stock of said corporation shall be consider- 
ed personal property, and shall be assignable and transferable 
according to such rules and restrictions as the board of direc- 
tors shall from time to time make and establish. 

Sec. 11. The said corporation may purchase, hold, sell, 
and convey at their pleasure all such real estate as may be 
deemed necessary for the transaction of its business, not ex- 
ceeding at any one time twenty thousand dollars, and to take 



4NSURAJVCE COMF ANCES. ^09 

and hold any real estate mortgaged or pledged as security for 
the payment of any debt due or that may become due lo it; 
and also, to purchase on sale in virtue of any judgment at law 
or any decree of a court of equity or otherwise; to take and 
receive any real estate or other property in payment or to- 
wards satisfaction of any debt previously due to said corpora- 
tion, and to hold the same until they can conveniently and 
advantageously sell and convert the same into money or other 
property. 

Sec. 12. That said corporation shall have full power and May deposite 
authority to deposite any portion of their unemployed capital funds. 
or other funds at any time in their possession with any corpo- 
ration, company or individual in any sections of the United 
States, and to use the same as they may think proper in order 
to facilitate exchanges, and to do and perform all such acts 
and thmgs as may be requisite in all such transactions, and for 
the best interest of said corporation. 

Sec. 13. The expenses incurred by the commissioners in Expenses, 
executing duties required by this act shall be paid out of moneys 
received by them of the subscribers to the capital stock, and 
may be retained by them for such purposes, and the balance so 
received shall be paid over to the directors after they shall 
have been chosen. 

Sec. 14. All policies of insurance by them made, shall be policies, 
subscribed by the president, or in case of his death or absence 
by such other person as may be authorized, and countersigned 
and sealed by the secretary of said company, and all losses Losses, how 
arising under any policy so subscribed and sealed may be ad- paid, 
justed and settled by the board of directors, or such other per- 
son or persons as said board may appoint for such purpose. 

Sec. 15. In case of any loss or losses whereby the capi- 
tal stock of said company may be lessened before all the in- 
stalments are paid in, each proprietor or stockholder's estate 
shall be held accountable for the instalments that may remain 
unpaid on his share or shares at the time of such loss or losses 
taking place, and no subsequent dividend shall be made until 
the sum arising from the profits of the business or by advance 
of the stockholders to make good said capital stock, shall have 
been added thereto. 

Sec. 16. If a greater number of shares shall be subscribed Annonion- 
for than is contemplated in the second section of this act the ment of shares 
same shall be apportioned amongst the subscribers in such 
equitable manner as the said commissioners shall appoint; 
Provided^ Such subscriptions take place before the election of 
directors, and if after their election, then the same shall be 
apportioned by said directors. 

Sec 17. This act shall be, and hereby is declared to be a Act declared 
pubUc act, and the same shall be construed liberally for the P"^'"''' , 
beneficial purposes herein granted, and the corporation here- 
by created shall take effect and be in force from and after the 



160 INSURANCE COMPANIES. 

Charter in passage thereof, and shall continue in force for the term of 

years. twenty years and no longer. 

Final settle- ^^'^' ^^' Notwithstanding the expiration of the time for 

ment. which the said corporation is created, it shall be lawful to use 

the corporate name, style and capacity for the final settlement 
and liquidation of the affairs and accounts of the said corpo- 
ration in all cases and for the sale and disposition of their es- 
tate real or personal. 
. Sec. 19. This act shall not be so construed as to authorize 

medium!"^ the said company to issue paper as a circulating medium or 
in any way to exercise banking powers, and any violation of 
this section shall work a forfeiture of its charter. 

Right reserv- Sec. 20. The legislature hereby reserves to itself the right 
to Legis. ^Q repeal, alter or amend this charter, if the public good shall 
require it. Approved, February 26, 1841. 



An ACT to incorporate the Western Marine and Fire Insurance Com- 
In force, Feb. pany. 

27, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That there shall be estab- 
* lished in the city of Alton, an insurance company, to be called 
"The Western Marine and Fire Insurance Company." 

Sec. 3. All such persons as shall hereafter be stockholders 
of said company shall be, and they are hereby declared to be 
Name & style, a body corporate and politic, by the name and style of "The 
Western Marine and Fire Insurance Company," and to con- 
tinue for twenty years from and after the passage of this act, 
and by that name and style, shall be competent to contract 
Powers. and be contracted with, and to be capable in law and equity 

to sue and be sued, to plead and be impleaded, answer and be 
answered unto, defend and be defended, in all coarts and 
places, and in all matters whatsoever. 
Further pow- Sec. 3. That said corporation may have and use a com- 
ers, mon seal, which they may alter, change, or break at pleasure, 
and may put in execution such by-laws, ordinances and regu- 
lations as shall in their opinion be necessary for the good gov- 
ernment of said company, and the prudent and efficient 
mangement of its affairs; Provided, No by-laws, ordinances, 
and regulations of said company shall be in anywise contrary 
to the Constitution and laws of this State, or of the United 
States. 
Capital stock. Sec. 4. The capital stock of said coWipany shall be one 
hundred thousand dollars, exclusive of premiums, notes and 
profits arising from the business of said company, and shall be 
divided into shares of fifty dollars each, to be paid in such in- 
stalments as the president and directors, chosen under this act, 
may from time to time direct; and under such penalties as the 
said president and directors may in their discretion appoint, . 
order, and prescribe. The said capital stock may hereafter ' 



INSURANCE COMPANIES. 161 

from time to time l)e increased to an amoimt not exceeding 
five hundred thousand dollars, in the discretion of a majority 
of the board of directors of said incorporation to be subscri- 
bed for, and taken under such regulations, restrictions and 
conditions as the president and directors may prescribe by any 
person or persons whomsoever, in the same manner as is pro- 
vided for the subscription to the original capital stock. The 
stock of said corporation shall be deemed personal property 
and shall be assignable and transferable according to such rules Stock tran»- 
as shall be prescribed, and adopted in that behalf by the by- 
laws and ordinances thereof; Provided^ No stockholder in- 
debted to said corporation shall be permitted to make any 
transfer of any stock owned by liim in said corporation until 
such debt be paid or secured to the satisfaction of the direc- 
tors thereof. 

Sec. 5. The corporation hereby created shall have pow- Insurances, 
er and authority to make insurance against fire, flood or other 
destructive elements, on vessels of all descriptions, on freight, 
moneys, goods and merchandize, bottomry, respondentia, in- 
terest and on all marine risks, and inland navigation and trans- 
portation, and on any dwelling houses or other buildings, or 
other property and effects within the United States of Amer- 
ica; and also to make insurance on lives by sea or by land, on , 
such terms and conditions as may be agreed upon by the par- 
ties, and to fix the premiums and terms of payment for said 
insurance; and also to receive money on deposite und allow ■ 
interest therefor, and loan the same on bottomry, responden- 
tia, or otherwise, at such rates of interest as may now be done 
by the existing laws of this State; and they may also cause 
themselves to be reinsured against any marine risks upon which 
they have made insurance, and upon the interest which they 
may have in any vessels, goods, merchandize, houses, or oth- 
er buildings, whether on bottomry, respondentia or otherwise, 
on such terms and conditions as may be agreed upon by the 
parties. 

Sec. 6. All polices of insurance by them made shall be Poijcies ? 
subscribed by the president, or in case of his death or absence, 
by any two of the directors, and countersigned by the secre- 
tary and sealed with the common seal of said corporation, 
which shall be binding and obligatory on said company, and 
any losses duly arising under any policy so subscribed and 
sealed shall be adjusted and settled by the president and board 
of directors of said company, and shall be binding on said 
company. 

Sec. 7. That said company shall not take any risk or sub- Amount paid 
scribe any policy by virtue of this act, until one-eighth part ^° '^ff®'"'' ^".V 
of the capital stock shall have been actually paid in. cies. ''° 

Sec. 8. That said company shall not directly or indirectly Company not 
deal or trade in buying or selling any goods, wares or mer- to deal in 
chandize whatever; but the president and directors may, at*'**^®" 



162 INSURANCE COMPANIES* 

their option, vest the capital stock of said corporation in the 
capital stock of any incorporated bank, trust company, public 
funds of the United States, or in the public funds of any State 
in the Union. They shall have power also to loan to any citi- 
zen of this State, any portion of their capital stock, not ex- 
exceeding five thousand dollars to any one individual, on bond 
and mortgage, or on promissory notes and mortgage of real 
estate, or other satisfactory security, at their discretion, at such 
rates of interest as may now be allowed by the existing laws 
of this State. 

Renl estate Sec. 9. The said Corporation may purchase and hold such 

>ieM. real estate as may be deemed necessary for the transaction of 

business, and to an amount at any on?, time not exceeding ten 
thousand dollars, and may take and hoia any real estate as se- 
curity, mortgaged or pledged to said company to secure the 
payment of any debt due or that may become due to said cor- 
poration, and also to purchase on sales made by virtue of any 
judgment at law, or any decree of a court of equity or other- 
wise; to take and receive any real estate in payment, or to- 

Lamis to be ^j^j-^jg satisfaction of any debt previously contracted, or due 
to tiie said corporation, and to hold the same until they can 
conveniently and advantageously sell and convert the same in- 
to money, or other personal property, and to sell and convey 
• said real estate, or any part thereof; said conveyance when 

made to be signed by the president and secretary of the cor- 
poration, and to have the common seal of the company attach- 
ed thereto. 

Sec. 10. That Isaac Prickett, William Montgomery, Na- 
thaniel Buckmastei', Benjamin K. Hart, William Martin, John 
James, James Reynolds, Curtis Blakeman, and John Ander- 
son, are hereby appointed commissioners for procuring sub- 

SnbecriptioDs. scriptions to said capital stock, and said commissioners shall 
open one or more subscription books for said stock, on such 
days and at such places as they shall deem expedient, and 
shall give at least tour weeks' previous notice in some public 
newspaper printed in the city of Alton, of the times and pla- 
ces, when and where said subscription books shall be opened; 
the said subscription books shall be kept open until the whole 
of the stock shall have been taken; and the sum of two dol- 
lars on each share subscribed for, shall be paid to said commis- 
sioners in specie, or m the notes of specie paying banks at 
the time of making such subscription. The books may be 
closed whenever the whole of said stock shall be subscribed; 
and whenever a board of directors shall be duly elected, the 
said commissioners shall deliver over to the said board of di- 
rectors, said books, and shall pay over to said board the whole 
amount of money by them respectively or jointly received, 
Expenses. except SO much as shall be retained for the expenses incurred 
by them in executing the duties imposed on them by this act; 
Proviso. provided always^ That a majority of said commissioners may 

at any time that they may desire to do so, appoint other per. 



INSURANCE COMPANIES. 



163 



sons to act in conjunction with the commissioners hereby ap- 
pointed. 

Skc. 11. In case of the death, resignation, or absence of Vacancies, 
any of the commissioners named in this act of incorporation, l^o^ filled, 
it shall and may be lawful for any three of them to form a 
quorum and proceed to business, whose duties shall be the 
same in the premises as those prescribed to the whole of said 
commissioners by tliis act of incorporation named, and their 
acts as such shall be legal. 

Sec. \'2. The stock, property, effects, and concerns of Managemem, 
said incorporation shall be managed and conducted by nine 
directors, who shall hold their othces until the tirst day of 
May following the time of the first election, and until others 
shall be chosen, and no longer; and shall at the time of their 
election, be citizens of this State and holders respectively of 
not less than ten shares of the capital stock of said company. 

Sec. 1.3. Tlie first election of directors under this act shall ^i'"!'.^ election 
be held at such time and place in the city of Alton as shall be 
directed by the said commissioners, or a majority of them, 
who, or a majority of whom, are hereby appointed inspectors 
of said election, and the persons thus elected as directors shall 
hold their offices until the first day of May following said 
election, as prescribed in the twelfth section of this act. 

Sec. 14. The directors for every subsequent year shall be Election ofdi- 
elected on the first Monday of May in each year, at such '■^^'°"- 
time of the day, and at such place within the city of Alton, 
and under the direction of such persons as a majority of the 
directors tor the time being shall appoint by a resolution to be 
entered on their minutes. 

Sec. 15. All elections shall be by ballot, allowing one vote All elections 
to each share of capital stock, and the nine persons who shall ^J ballot. 
have the greatest number of votes shall be directors; and if 
at any election two or more persons shall have an equal num- 
ber of votes, so as to leave their election undecided, then the 
directors who have been duly elected, shall proceed by ballot, 
and by a plurality, determine which of said persons, so having 
an equal number of votes, shall be dii'ector or directors, so as 
to complete the whole number of directors; and when any 
vacancy shall happen in the office of president, or director, 
from death or other cause, such vacancy shall be filled for the 
remainder of the year in which it shall happen, by the direc- 
tors for the time being, or a majority of thetn; the said com- 
missioners shall certify under their hands and seals, the persons 
elected, and deliver such certificate to the persons elected or 
to some one of them; and if through any unavoidable accident 
said directors shall not be chosen on the first Monday of May 
of each year, as contemplated in the fourteenth section of 
this act, it shall be lawful to choose them on any other day in 
the manner therein prescribed. 

Sec. 16. The directors when chosen, shall meet as soon Election of 
as may be after every election, and shall choose out of their president. 



164 



INSURANCE COMPANIES. 



Additional 
officers. 



number a president, who sliall be sworn or affirmed by some 
officer having authority to administer oaths, iaithfuUy to dis- 
charge the duties of the office, and shall preside for one year 
and until another person shall be chosen in his stead, and each 
director before entering upon the duties of director shall be 
sworn or affirmed, faithfully to perform the duties of director, 
which oath or affirmation shall be subscribed in writing and 
tiled with the secretary , and any violation of said oath shall 
be declared peijury, and on conviction therefor shall subject 
the individual so otlending to the pains and penalties now pro- 
vided by law in cases of wilful and corrupt perjury. They 
shall have power to appoint a secretary and all subordinate 
officers of said corporation, fix their compensation, define their 
powers, and prescribe their duties, who shall give such bond, 
and in such penal sums, wiih such conditions, and with such 
securities as the directors shall prescribe, and shall hold their 
several offices during the pleasure of a majority of the said 
directors. 

Sec. 17. The president and four of the directors, or five 
of the directors in the absence of the president, shall be a 
board competent to the transaction of business, and all ques- 
tions before them shall be decided by a majority of votes. 

Skc. 18. The president and directors of said company 
shall, previous to subscribing any policy, and once in every 
year after, publish in two of the newspapers printed in this 
State, the amount of capital stock paid in, and the largest sum 
they mean to take on any risk, 
of {Sec. 19. The Legislature of this State shall never pass 
any law retarding or obstructing or in anywise suspending the 
collection of any debtor debts due to said corporation. 
Expenseshow Sec. 20. The expenses incurred by the commissioners in 
paid. executing any duties required by this act shall be paid out of 

the moneys received by them from the subscribers out of the 
capital slock, and may be retained by them for such purpose. 
S°by lo?seT." Sec. 21. It shall be the duty of the directors of said com- 
pany, at such times as the by-laws thereof shall prescribe, to 
make dividends of so much of their interest from the capital 
stock, and the profits of said company as to them shall appear 
advisable; but the money received and the notes taken for 
premiums, or risks which shall be undetermined and outstand- 
ing at the time of making such dividends shall not be consid- 
ered as part of the profits of said company; and in case o! 
any loss or losses, whereby the capital stock r>f said company 
shall be lessened, before all the insta'ments are paid in, such 
proprietors, or stockholders' estate shall be held accountable 
for the instalments that may remain unpaid, on his share or 
shares at the time of such loss or losses taking place, and no 
subsequent dividend shall be made, until the sum arising from 
the profits of the business of said company, equal to such di- 
minution, shall have been added to the capital stock; and 



Quorum. 



Notice. 



Collection 
debts. 



INTEREST ON PUBLIC DEBT. 165 

once in every three years, or oftener if required by a majority 
of the votes of the stockholders, the directors shall lay before 
the stockholders, at a general meeting, an exact and particular 
statement of the profits, if any there be after deducting losses 
and dividends. 

Sec. 22. This act is hereby declared to be a public act, Act declared 
and shall take eflfect from and after its passage, and shall be ^ ^°* 
liberally construed for every purpose herein contained. 

Sec. 23. That in case of any loss, or losses taking place, Policies are 
which shall be equal to the amount of the capital stock of said subscribed af- 
company, and the president and directors, after knowing of ^ ^^^^^' 
such loss or losses having taken place, shall subscribe to any 
policy of insurance, their estate jointly and severally shall be 
accountable for any and every loss which shall take place un- 
der policies so subscribed, and the estates of stockholders as Estates of 
aforesaid, shall be liable for any losses equal to the amount of j.'°°|^*^°''^®'"*' 
said capital stock subscribed, and not actually paid in, in all 
cases of losses exceeding the means of said company, whether 
this consists of stock paid in or profits not divided. 

Sec. 24. That said incorporation, in making loans of any Interest on 
part of their capital stock, as provided in this act, are hereby stock, 
authorized to receive such interest as may be agreed upon by 
the parties, in advance, or at the time of making said loans; 
Provided, The said rate of interest shall not exceed twelve 
per cent, per annum. 

Sec 25. That the capital stock of said company, actually ^^^^^ subject 
paid in, shall be subject to the same rate of taxation as shall be 
imposed on other personal property in the State of Illinois. 

Sec. 26. This act shall not be so construed as to authorize Shall not issue 
the said company to issue paper as a circulating medium, or in circulating 
any way exercise banking powers, and any violation of this™ "™' 
section shall work a forfeiture of its charter. 

Sec. 27. The legislature hereby reserves to itself the Rig^its reserr- 
right to repeal, alter, or amend this charter, if the public good 
shall require it. 

Approved, February, 27, 1841. 



An ACT to provide for the payment of interest on the public debt. 

In force, Feb 
07 1841 

Sec. 1. Be it enacted by the People of the State of Illinois, " ' 
represented in the General Assembly, That hereafter in addi- Additional 
tion to the revenue now raised by taxation, there shall be State revenue, 
levied and collected for State purposes, a tax at the rate of 
ten cents on each one hundred dollars worth of all property. 

Sec. 2. Said additional revenue so raised shall be set 
apart exclusively for the payment of interest on the State in- 
debtedness, and shall be called the "interest fund." Interest fund. 

Sec. 3. That the minimum value of all lands for the pur- Valuation o^ 
pose of taxation shall be three dollars per acre, and each as- lands. 



166 INTEREST ON SCHOOL FUND. 

Oath of asses- sessor shall, in addition to the oath now required by law, be re- 
*°^' quired to swear particularly that he will in no instance value 

any land at three dollars per acre, that he, in his conscience, 
believes to be worth more. 
Gov. to issue Sec. 4. The Governor shall from time to time issue such 
bonds. jji-i amount of State bonds as may be absolutely necessary to 

raise funds for the payment of interest on the State debts, 
that there is no other means of= paying, and also, sufficient to 
redeem all State bonds now hypothecated. 
Bonds sold by ggg^ 5_ ^^\^ bonds shall be sold by the Fund Commission- 
un om 1. ^^ ^^^, ^j_^^ j^^_,^ price they will command, and the proceeds by 
him faithfully applied to the foregoing objects. 
Bonds, when ggc. 6. Said bonds shall be reimbursable after the year 
(jaya c. ^^^ thousand eight hundred and sixty-five, and bear interest 

at the rate of six per cent, per annum pavabli^ hall yearly. 
Interest. Sec. 7. A sulhciency of the said fund is hereby irrevoca- 

bly pledged for the payment of interest on the said bonds so 
sold, and the same shall be applied to that object in preference 
to all other objects. 

Approved, February 27, 184 L 



An ACT to amend the several laws to ))rovide for the distribution of the 
In force, Jan. interest on the school, college, and seminary fund. 

7, 1841. 5 t, ' J 

Sec. 1. Be it enacted by the People of the State of Illinois f 
represented in the General Assembly^ That the commissioners 
of the school fund, in making a distribution of the interest on 

schoorfundr" the school, college, and seminaiy fund to the several counties 
in this State under the census of eighteen hundred and forty, 
be and they are hereby authorized and required to adopt, as 

Basis for dis- a basis for such distribution, the census returns of the Uni- 
ted States' Marshal from such counties as may have failed to 
take and make return of the census under the laws of this 
State previous to the passage of this act. 

A'pproved^ January 7, 1841. 



Distribution 
of interest on 



tributiou , 



An ACT to amend ati act entitled "An act to provide for the settlement 
In force, Dec. of debts and liabilities incurred on account of internal improvements in •■ 
14, 1840. the State of Illiuois," approved, February 1st. 1840. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That so much of ''An 
Act repealed, act to provide for the settlement of debts and liabilities in- 
curred on account of internal improvements in the State of 
Illinois," approved, February first, one thousand eight hun- 
dred and forty, as provides for the election of a board of pub- 
lic works, and the appointment of their clerks and secreta- 



INTERNAL IMPROVEMENTS. 167 

rles, be, and the same is hereby repealed after the ififteenth 
day of Uecember, one thous;\nd eiajlu hundred and forty. 

Sec. 2. Beit further enacted. That the said commission- 
ers shall by the said fifteenth day of December, deliver over Com'rs to de- 
to the treasurer of the State of Illinois, all books, records, ^J^er books. 
papers, maps, plats, profiles, accounts, or other papers in 
their possessi-sn, also, all property of every description in 
their possession pertaining to their respective offices connect- 
ed with the system of internal improvements, and it shall be 
the duty of the treasurer to take charge of the same. 

Sec. 3. Be it further enacted, That it shall be the duty of Treasurer lo 
the treasurer to audit, adjust and settle the accounts of the adjust acc'ts. 
said commissioners, and in case any member of said board 
shiill be found in arrear to the State, it shall be his duty to 
cause suit forthwith to be instituted against such person. 

Sec. 4. Be it further enacted^ That the compensation of P;u'of officera 
all engineers, agents, and other persons in the employment '"^®*'^^' 
of the board of public works shall cease and determine at 
and upon the passage of this act. 

Sec. 5, Be it further enacted, That no Stale scrip or ^'=''ip^s'*|^^^""' 
drafts shall be issued after the passage of this act. 

Sec. 6. Be it further enacted. That the treasurer of the ^n 
State, for the faithful discharge of the dutie> imposed upon o-ive bond. 
him by this act, shall give bond to the people of the State of 
Illinois, with one or more goo! securities, to be approved by 
the Governor, in the penalty of twenty thousand dollars. 

Sec. 7. B^i it further enacted. That the treasurer is here- ^^^^.nt u, he 
by authorized t.) appoint an agent to take charge of such appoiaied. 
parts of rail roads as may be completed, and all the cars, 
engines and other things belonging to said roads until other- 
wise provided for by law. 

Approved, December 14, 1840. 



Aa ACT to provide for paying theieterest oq the iateraal improvement 

debt. 

In force, Dec . 

Sec. 1. Beit enacted by the People of the State of Illinois. ' 
represented in the General Assembly, That the Fund Com- 
missioner is hereby autliorized and empowered to hypothe- J^""'^^'''^''''** 
cate any amount of State internal improvement bcmds which bonds 
may be necessary, not exceeding three hundred thousand dol- 
lars, to raise a sufficient sum of money to pay the interest 
which will legally fall due on the internal improvement debt 
on the first Monday of January, one thousand eight hundred 
and forty -one. 

Sec. 2. Said money so to be borrowed, shall bear an an- Time of re- 
nual interest at a rate not to exceed seven per centum per demption. 
annum. Said bonds, herebj'' hypothecated, shall be redeem- 
able at any time before the year one thousand eight hundred 



168 JUDGMENTS AND EXECUTIONS. 

Proviso. and forty-three: Provided, That interest shall not run on the 
bonds hereby hypothecated, unless said bonds shall be forfeit- 
ed by the State. Approved, December 16, 1840. 



An ACT to facilitate the collection of judgments by executors and 
In force Feb. administraturs. 

19, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, r^p- 
Death of pl'ff. resew/erf in the General Assembly, That the collection of the 
shall not hin- jutjgjjients of couvts of record shall not be delayed or hinder- 
of judgments. *^'^ by the death of the plaintiff or person in whose name the 
judgment shall exist; but the executor or administrator, as 
the case nnay be, may cause the letters testamentary or 
men tar y To be °^ administration to be recorded in the court in which 
rerorded. the judgment exists; after which, execution may issue 
and proceedings be had thereon in the name of the ex- 
ecutor or administrator, as such, in the same manner that 
could or might be done or had, if the judgment exists and re- 
mained in the name and in favor of the executors or admin- 
istrators, in his, her or their capacity as such executor or ad- 
ministrator. 
Liet. not to ^^^' 2. The lien created by law on property shall not 
abate. abate or cease by reason of the death of any plaintiff or plain- 

tiffs; but the same shall survive in favor of the executor or 
administrator of the testator or intestate, whose duty it shall 
be to have the judgment enforced in manner aforesaid. 
Kxecutormav ^^c. 3. When it shall be necessary in order to secure the 
purchase. collection of any judgment in favor of any. executor or ad- 
ministrator, it shall be the duty of such executor or adminis- 
trator to bid for and become the purchaser of real estate at 
sheriff's sale; which real estate so purchased shall be assetts 
in his hands, and may be again sold by him upon the order of 
the court of probate, and the monies arising from such sale 
paid over and accounted for as other monies in his hands. 

Approved, February 19, 1841. 



{?[An ACT to amend] "An act concerning judsments and executions, ap- 

In force June P'°^^^^' ■^^""^''^ l^'*^ ' ^^^^•" 

1, 1841. 

Sec 1. Be it enacted by the People of the State of lllinoiSf 

represented in the General Assembly, That after the expira- 

lands^mav'be iion of twelve months, and at any time before the expiration 

redoemed, of fifteen months, from the sale of any lands or tenements 

under the provisions of the act to which this is an amendment,, 

it shall be lawful for any judgment creditor to redeem the 

.Manner of re- same in the manner following: Such judgment creditor shall 

rlemption. gue out an execution upon his judgment, and place the same 

, in the hands of the proper officer to execute the same, and 

orsemen . ^j^g^gypQ^ gg^jj officer shall endorse upon the back of said 



JUDGMENTS AND EXECUTIONS. 169 

execution a levj upon the land or tenements which said 
judgment creditor may wish to redeem, and said jifdgment 
creditor shall pay to said officer into whose hands he shall 
have placed his execution as aforeforesaid, the amount of 
money for which said premises may have been sold with ten 
per centum per annum interest thereon from the date of such 
sale for the use of the purchaser thereof, his executors, ad- 
ministrators, or assigns, upon payment of which, said officer 
shall file in the recorder's office of the county in which said Certificate to 
lands are situated, a certificate of the redemption thereof by 
said judgment creditor under said execution, and shall adver- 
tise and offer the same for sale under and by virtue of said 
execution, in the same manner that other lands are required 
to be advertised and exposed to sale on execution in other 
cases. 

Sec. 2. Ary judgment creditor having so redeemed such Creditors re- 

iands, shall be considered as having bid at such sale the '^^^™'"S '.^"'* 

./••jj .. -jiv.* j-j. considered 

amount of said redemption money so paid by him, and inter- bidder at sale. 

est thereon from the date of such redemption to the day of 
sale; and if no bid greater than said amount shall be offered, 
the lands shall be struck off and sold to such judgment cred- 
itor or creditors, and a deed thereof shall forthwith be execu- 
ted by such officer to such creditor or creditors, and no other 
redemption shall be allowed; but if another and higher bid , 
shall be made therefor, and the said lands sold for more than when land 
the amount of said redemption money and interest as last sells for more 
aforesaid, the excess over and above the amount of the same ^^^" redemp- 
shall be applied as a credit on the execution under which the '°°* 
redemption shall have been made, and a certificate of purchase '• 

shall b3 executed to the new purciiaser in the manner pre- 
scribed in the act to which this is an amendment, for a deed 
of said land so sold within sixty days from the date of such 
sale, unless the same shall be redeemed in the meantime in 
the manner prescribed in this act by some other judgment 
creditor; and if said lands shall be redeemed from said second Lands re- 
purchaser, the same shall be done in llie same manner and ^®"**^ 
upon the same terms, and the officer shall proceed in the 
same mode to offer the said lands for sale as is hereinbefore re- 
quired in case of the first redemption; and such lands may be 
successively redeemed within every period of sixty days so 
long as there shall be a judgment creditor disposed to redeem toredeem""* 
the same, on the terms and in the manner aforesaid; and after 
the lapse of any period of sixty days without redemption, it 
shall be the duty of the officer who last sold such lands on the 
execution under which the same shall have been last redeem- 
ed, or his successor in office, to execute a deed for the lands 
80 sold to the last purchaser, in like manner as other deeds 
for lands sold on execution are made. 

Sec. 3. Any judgment creditor or creditors may redeem; 
the whole or any part or portion of the lands or tenements Provisc 
previously sold upon execution: Provided, That such re- 



. ■ « « Jl ' 

UO^' JUDGMENTS AND EXECUTIONS. 

f. 

demptjon shall be made in the like distinct quantities or par* 
eels in which the same were sold., 
-, Sec. 4. No commission upon the amount of the redemption 

money paid in any case shall be allowed to the officer re- 
ceivina; the same, but the usual commission shall be allowed 
the officer selling said premises on the excess made over and 

Certificate to ^^^^^ ^^® amount of said redemption money and interest; 

be filed. the duplicate copy of the certificate of purchase required by 

•• the act to which this is an amendment, to be filed in the office 

of the clerk of the county, shall in all cases hereafter be filed 

in the office of the recorder of the county in which the lands 

so sold under execution shall be situated. 

Certificate as- ^^^* ^* Every certificate which shall be given by any 

•eignable. officer to any purchaser under the provisions of this act, or 
the act to which this is an amendment, shall be assignable 
by endorsement thereon, under the hand of such purchaser 
or purchasers, his, her, or their heirs, executors, administra- 
tors or assigns, and every persoii to whom the same shall be so 
assigned shall be entitled to the same benefits therefrom in 
every respect that the person therein named would have 
been if the same had not been assigned; and in case the lands 
mentioned in such certificate shall not be redeemed in pur- 
suance of law, shall be entitled to a deed therefor. 

Sec. 6. The deed to be executed by the officer to the 
purchaser under the provisions of this act, or the one to 
which this is an amendment, shall contain a statement of the 
judgment upon which the lands therein described were sold, 
and of the date of the execution, and may be in the following 
form: 

Form of deed. Whereas, A. B. did at the term of the circuit court for the 
county of (as the case may be) recover a judgment I 

against C. D. for the sum of and costs of suit, , 

upon which judgment an execution was issued, dated on the; 

day of A. D., IS , directed to 

to execute, and by virtue of said execution the said 
levied upon the lands hereinafter described, and the same 
v.as struck off and sold to he being the highest and 

be^t bidder therefor, and the time and place of the sale 
thereof having been duly advertised according to law. Now, 
therefore, know all by this deed, that I of said coun- 

ty of in consideiation of the premises, have granted, 

bargained and sold, and do hereby convey to the said 
his (her or their) heirs and assigns, the following described 
tract or tracts of land, (here describe the lands,) to have and 
to hold the said described premises with all the appurte- 
nances thereto belonging, to the said his heirs and 
assigns forever. Witness my hand and seal this day 
of in the year of our Lord one thousand eight hundred 
and . [l. s.] 
Wherecertifi- If the purchaser shall have assigned his certificate of pur- 
!^ggfgnej, ^^ chase, then there may be inserted after the word "law" in 



JUDGMENTS AND EXECUTIONS. 



Itl 



the foregoing form in substance as follows: And the said 
having duly assigned his certificate of purchase to (a 



id 

(as the 

case may be.) 

Sec. 7. Any deed so executed shall be evidence that the Deed shall be 
provisions of the law in relation to sales of land> upon execu- evidence. 
tion were complied with until the contrary shall be shown, 
and such deed shall be considered as conveying to the gr?ntee 
therein named, all the title, estate and interest of the (defen- 
dant or defendants m the execution therein named, in and 
to the lands thereby conveyed, of whatsoever nature the same 
may be; but such deed shall not be construed to contain any 
covenant upon the part of the officer executing the same. 

Sec 8. In all cases hereafter where lands shall be sold When lands 
under and by virtue of any decree of a court of equity, for^^'^ ^°^^- 
the sale of mortgaged lands, it shall be lawful for the mort- 
gager of such lands, his heirs, executors, administrators, or 
grantors to redeem the same in the manner now allowed by 
law for the redemption of lands sold by virtue of executions 
issued upon judgments at common law, and judgment credi- 
tors may redeem lands sold under any such decree in the same 
manner as is prescribed for the redemption of lands, in like 
manner sold upon executions issued upon judgments at com- 
mon law. Nothing in this act contained shall be so constru- p ^^ h Id- 
ed as to deprive any person of the lien upon any land which ^ng jjen not 
he may have acquired, or may hereafter acquire, by virtue deprived of 
of the provisions of the act to which this is an amendment, "S^t. 
and so much of the provisions of said act as are repugnant to 
the provisions of this act are hereby repealed. This act is 
to take effect from and after the first day of June next. 

Approved, February 19, 1841. 



An Af^'T to exempt certain articles from execution. 

In force Feb, 

Sec 1. Be it enacted by the People of the State of Illinois, ' 
represented in the General Assembly,, That each person being 
the head of a family and residing witli the same, shall be per- Articles es- 
mitted to retain exempt from execution, in addition to the ^ ' 
property mentioned in the nineteenth section of "An act con- 
cerning judgments and executions," approved, January sev- 
enteenth, one thousand eight hundred and twenty-five, sixty 
dollars worth of property suited to his or her occupation and 
pondition. 
^i Sec 2. The first section of an act entitled "An act ex- Section te~ 
empting certain articles from execution in addition to those pealed, 
already exempted by the laws of this State," approved, Feb- 
ruary first, one thousand eight hundred and forty, is hereby 
repealed, and the second section of said act shall be constru- 
ed to apply to the first section of this act. 

Sec. 3. In all cases where distress shall be made for rent, 
before any sale shall be made of the property distrained, it 



172 



JUDGMENTS AND EXECUTIONS. 



r^arjhlll bl ^^^" ^*^ *^^ ^^^y °^ ^^^ P^^'^^y distraining to have the defen- 

proved. dant summoned before the circuit court or justice of the 

peace, and then and there to prove his demand as in other 

cases. Justices of the peace shall have jurisdiction in cases 

under this act to the amount of one hundred dollars; and In 

case the defendant shall have absconded or removed from the 

State, then notice shall be given before justices of the peace 

or the circuit court, as in cases cf attachment. 

^mpUrom d^s' ^^^* ^' "^^^^ *^® ^^"^® articles of property exempted from 

tress for rent' ^^^'^"'^^^'^ ^7 ^^^^ actor the act to which this is an amend-' 

ment, shall also be exempt from being taken by distress for 

rent. Appi^oved, February 2.6, 1841. 



In force Feb. "^° ^^^ regulating the Sale of Property 

27 1841 
' ■ Sec. 1. Be it enacted by the People of the St 

represented in the General Assembly, That when any execution 



Property shall be issued out of any of the courts of this State, whether 
Tn by exIJu- ^ record or not, and shall be levied on any real or personal 
tion. property, or both, it shall be the duty of the officer levying 

such execution, to summon three housholders of the proper 
county, one of whom shall be chosen by such officer, one by 
the plaintiff, and one by the defendant in the execution or in 
default of the parties making such choice, the officer shall 
choose for them; which householders, after being duly sworn 
by such officer so to do, shall fairly and impartially value the 
property upon which such execution is levied, having refer- 
Endorsement. ence to its cash value, and they shall endorse the valuation 
thereof upon the execution, or upon a piece of paper there- 
Sale how ""^° attached, signed by them, and when such property shall 
made. be offered for sale, it shall not be struck off, unless two-thirds 

of the amount of such valuation shall be bid therefor: Pro- 
Proviso, vided, always, That the plaintiff in any execution issued from 

t>i • .•«• o ^"y ^**"'"t o^ record of this State, may elect on what proper- 
F]aintiii may, ■ mi l i.L i • i . i . ^ ". 

elect. V "® ^"' have the same levied, except the land on which 

the defendant resides, and his personal property, which shall 
be last taken in execution. And in all other executions issu- 
ed from any of the courts of this State, not being courts of 
record, the plaintiff in execution may elect on what person- 
Exception, al property he will have the same levied, excepting and re- 
serving, however, to the defendant in execution, in all cases, 
such an amount and quantity of property as is now exempt 
Further pro- from execution by the laws of this State: ^nd provided fur- 
▼iso. ther, That all sales of mortgaged property shall be made ac- 

cording to the provisions of this act, whether the foreclosure 
gaged proper- °f ^^'^ mortgage be by judgment at law or decree in 
ty. chancery. The provisions of this act shall extend to all 

judgments rendered prior to the first day of May, eighteen 
p"iof™o°May, hundred and forty one, and to all judgments that may be ren- 
J841. ' dered on any contract or cause of action accruing prior to 



JUDICIARY. l73 

tie first day of May, eighteen hundred and forty-one, Judgments on 
nd not to any ether judgments than as before speciiied. contracts. 

Sec. 2. When any property shall be levied on and ap- 
raised in the manner required by this act, and the same shall Property leri- 
ic susceptible of a division, no greater quantity thereof ^,^ ??™*y ^^ 
lan will be sufficient to pay the amount of the execution or 
xecutions thereon levied, together with the proper costs, at 
,T0-thirds of the valuation thereof, shall be offered for sale by 
\\e officer in whose hands such execution or executions may 
ave been placed for collection. 

Sec. 3. This act shall be in force from and after its pas- Duty of Sec'y 
ige; and the Secretary of State is hereby required to have of State. 

thousand copies thereof printed immediately after its ap- 
roval, and transmit them to the clerks of the county com- 
lissioners' courts of the several counties in this State for 
istribution among the proper officers thereof. 

Approved, February 27, 1841. 



An ACT reorganizing the Judiciary of the State of Illinois. 

In force, Feb, 
Sec. 1. Be it enacted by the People of the Slate of Illinois, 10, 1841. 
presented in the General Assembly, That "An act establish- 
ig a circuit court north of the Illinois river," approved, Jan- Acts repealed 
iiry. eighth, one thousand eight hundred and twenty-nine; 
so "An act to establish a uniform mode of holding circuit 
Durts," approved, January seventh, one thousand eight hun- 
•ed and thirty-five; also, "An act dividing the State into ju- 
cial circuits," approved, January seventeenth, one thou- 
.nd eight hundred and thirty-five; also, ''An act forming an 
Iditional judicial circuit," approved, February fourth, one 
lousand eight hundred and thirty-seven; also, "An act divi- 
ng the State into judicial circuits," approved, February 
renty-third, one thousand eight hundred and thirty-nine; 
id also, all other acts and parts of acts establishing circuit 
)urts and authorizing the election of circuit judges in this 
late, be, and the same are hereby repealed. 

Sec. 2. There shall be appointed by joint ballot of both Additional 
'anches of the General Assembly at the present session Ju'^ges. 
lereof, five additional associate justices of the supreme 
urt, who in connection with the chief justice and present 
isociate justices, shall constitute the supreme court of the 
Late of Illinois. 

Sec. 3. The State shall be divided into nine judicial cir-gtate divided 
lits, and the aforesaid chief justice and eight associate jus- into circuits, 
ces shall perform circuit duties in said circuits, in such man- 
}r and at such times as shall be provided by law, and shall 
)3sess the >'ame powers and jurisdiction, and be governed 
rthe same rules, regulations and restrictions that are now Powers of 
iplicable to the present circuit courts o( this State. judges. 



174 JUSTICES PEACE AND CONSTABLES. 

AH cases con- Sec. 4. This act shall be construed to continue over to 

tinned over, jj^g circuit courts created by this act, all cases, suits, writs, 

recognizances, process and proceedings ol" every description 

and kind, pending at the passage of this act, in the circuit 

» courts hereby repealed, with full power and authorit)* in the 

courts so created to proceed, to hear and determine, and 

have cognizance of all such causes, suits, writs, recognizances. 

Powers of process and proceedings in the same manner the said repealed 

oourts. circuit courts could have done had no change in said courts 

taken place; all writs, process and recognizances, which shall 

be issued or taken, returnable to or lor appearance in the 

circuit courts of this State, before the statutes passed at the 

present session of the General Assembly shall be printed, 

shall be considered returnable to and for appearance in the 

courts created by this act. 

WM. L. D. EWING, 
Speaker of the House of Representatives. 
S. H. ANDERSON, 

Speaker of the Senate, i 

^Certificate. This bill having been returned by the Council of Revision 

with objections thereto, and after reconsideration, having pas- 
sed both houses by the constitutional majority, it has become 
a law, this tenth day of February, one thousand eight hun- 
dred and forty-one. 

WM. L. D. EWING, 
Speaker of the House of Representatives. 
8. H. ANDERSON, 

Speaker of the Senate, 



An ACT authorizing an additional justice of the pnuce and constable io j 

b . „ L the town of Florence ill fike couut_y. 

xn force Feb. ■' 

17, 1841. 

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

represented in the General Asszmbty, That one justice ol the 

instice°"\nd P*^^^^ '^'^*^ ^"® constable, in addition to the number now al- 

constable. lovved by law, shall be elected in iilue River precinct in Pike 

county, which justice and constable so elected shall reside in 

the town of Florence in said precinct. 

Sec. 2. The county commissioners' court of Pike county 
An election to are hereby required to cause an election to be held on the 
beheld. f^^iX. Mondfciy Ol April next, or as soon thereafter as practica- 

ble, and at each quadrennial election tliereatter, lor one jus- 
tice of the peace and one constable in said precinct in addi- 
tion to those now allowed by law. The justice of the peace 
TerjpQ of office and constable so elected, shall hold their offices until the next 
general election for justices ol the peace, and until their suc- 
cessors shall be elected and qualified as in other cases, and 
the justice of the peace and constable so elected shall have 



JUSTICES PEACE AND CONSTABLES. 1 75 

the same jurisdiction, and be governed in all respects by the JiiHsdiction 
same regulations as other justices of the peace and consta- 
bles. Approved, February 17, 1841. 



An ACT to legalize the acts of Samuel C. McCliire as probate justice of 

the peace oi Ogle county. j^ ^^^^^^ ^^^ 

18, 1841. 
Whereas, Samuel C^McClure was elected a probate justice 
ot the peace ior the county of Ogle in August, one thou- 
sand eight hundred and thirty-seven, and continued to ex- Pi"eamble. 
ercise and perlorm the duties oi" the said otlice lor said county 
until the organization of tlie county of Lee, one thousand 
eight hundred and thirty-nine, and the said McCiure's 
bond, as hied in the otface ot the county commissioners' 
clerk according to law in such cases made and provided, 
has been lost and not recorded, and not having at all 
times held his courts at the seat of justice for said county 
in consequence of the place for holding the circuit courts 
for said county being lemoved from Dixon, the place of 
residence of said McCiure, to Oregon city. ]\ow there- 
fore, 

Sec. 1. Be it enacled by the People of the Slate of Illinois, Acts decla7e({ 
represented in the General Assembly, That all and singular legal, 
the acts of said JSamuel G. McCiure as such probate justice 
of the peace, be, and they are hereby declared as le- 
gal and binding to all intents and purposes, either at law 
or equity, as it the said Samuel C. McCiure's bond had been 
recorded, and his courts held at the city of Oregon, as the law 
required. This act to be in force from and after its passage. 

Approved, February l^, 1841. 



An AC'l creating a jusiices' and constables' district in White county. 

In force, Feb- 
Sec 1. Be it enacted by the People of the State of Illinois, 24, 1843. 
represented in the General Assembly, inat all that district or 
tract of land Included within the lollowing bounds shall com- 
pose a justices' and constables' district in tiie county ot VV hite, Justices di^ 
viz: commencing on the Big Wabash river with the present f^i^t. 
precinct line dividing Grayville and Fox river precincts, 
thence west with said line to the east boundary oi range ten, 
east of the third principal meridian, thence south with said 
line to the sandy slough, thence east to the Wabash river, 
thence up said river to the place of beginning; to be called 
and known as Wabash precinct, in said county of White. 

Sec. 2. The county commissioners' court of the county of 
Wiiite are hereby authorized and required to cause an elec- ^^^^I'lO"!*' 
tion to be held on or before the lirst Monday of August nextji^'ngl'able.^" 
and each quadrennial election thereafter, for one justice of the 



176 JUSTICES PEACE AND CONSTABLES. 

peace and one constable in said district. The persons so 
elected shall have power, and exercise the same jurisdiction, 
hold their offices by the same tenure, and be under the same 
regulations in all respects as other justices of the peace and 
constables in this State. 

Approved, February 24, 1841. 



An ACT creating an additional justice of the peace and constable in 
In force Feb. Cherry Grove precinct, in Knox county. 

aOt 1841. J i- •> J 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county com- 
missioners' court of the county of Knox, are hereby author- 
ized and lequired to cause an election to be held on the first 
Monday of April, A. D. one thousand eight hundred and forty- 
one, or as soon thereafter as may [ be,] and at each quadrennial 

Additional election thereafter, in Cherry Grove precinct in said county 

justice. of Knox, for an additional justice of the peace and constable 

in said district, the officers elected shall hold their offices until 
the next regular election for justice of the peace and consta- 
bles, at w^hich time their successors shall be elected as in other 

Term of office cases, and the persons so elected shall have and exercise the 
same jurisdiction, hold their offices by the same tenure, and 
be under the same regulations in all respects, as other justices 
of the peace and constables in this State. 

Kesidence of Sec 2. The additional justice of the peace and constable 
hereby provided to be elected, shall reside within the limits of 
the town of Abbington, Knox county. 

Approved, February 520, 1841. 



In force Feb ^^ ACT to amend the several acts in relation to Constables. 

3(», 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That hereafter the amount 

Penalty °^ ^^^ penalty of the bond of constables shall be one thousand 

dollars. 

Constable Sec. 2. Any constable to whom an execution shall have 

majr collect [^gen delivered, and whose term of office shall expire before 
the expiration of the time within which the return of such 
execution is required by law, shall be authorized to proceed 
in all matters relating to said execution, and in the same 
manner to collect the same, that he might have done, had the 
term of office of such constable not have expired, and the 
constable and sureties, shall be liable for any neglect of duty, 
and for all monies collected upon such executions in the same 
manner, and to the same extent they would have been if the 
term of office of such constable had not have expired. 



JUSTICES PEACE AND CONSTABLES. 



177 



Sec. o. On the return of all executions, the constable shall Fees paid to 
pay over to the justice of the peace who issued the same, alP"^ ^^ 
money not previously paid over to the plaintiff; and also, all 
witness' fees, which remain unpaid to any witness; and it 
shall be the duty of the justice of the peace to post up in his 
office, at least once in threj months, a list of all witness' fees 
in his hands, and the name of the person to vi'hom they belong; 
and for a failure to comply with this provision, a justice of the 
peace shall be liable to a fine of fifty dollars, to be recovered 
by action of debt in the name and behalf of the county com- 
missioners' court. 

Sec. 4. If any constable shall fail or neglect to return any f'a'inst^consta" 
execution within ten days after the return day thereof, thegie. 
party, in whose favor the same was issued, may maintain an 
action against the constable and his sureties before a justice 
of the peace, and recover the amount thereof with interest 
from the date of the judgment upon which said execution 
issued. 

Sec. 5. Suits may be maintained and instituted upon con- Suits o"/="^- 
stable's .bonds against the constable and his sureties, or against^ a e a o 
the sureties alone, without first establishing the liability of the 
constable by obtaining judgment against him alone. 

V Approved, February 26, 1841. 



An ACT requiring the county commissioners' court of Edgar county to 
establish an additional election precinct in said county; and An ACTsup- 
pleiiieiital lo an act to extend the Charles'.on and Darwin Turnpike from 
Charleston to Springf:eld. 27 1841 

Sec. 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That the counly com mis- Additional 
sioners' court of Edgar county be, and they are hereby requir- P""^*^^"^ • 
ed to establish an election precinct in the Embarrass Point, in 
said county, and designate at what house elections shall be 
held at, and also appoint three judges to preside over the 
elections at said precinct according to law. This act to take 
effect from and after its passage. , 

Skc. 2. Be it further enacted, That the act, entitled "An Christian and 

act to extend the Charleston and Darwin turnpike from^*^'',l^'^^^fP^y 
/~ii 1 oi • r- 1 1 I II 1 ,1 • portion of ex- 

Charleston to Sprnigiield, shall be so construed as to require p nse. 

the counties of Christian and Shelby to pay a portion of the 
expenses of creating said road in proportion, as the distance 
is that said road passes through those counties, to the whole 
length of said road frotn Charleston in Coles county to Spring- 
field in Sangamon county. 

Sec. 3. The amount of said expense to be certified by Amount, how 
the commissioners appointed to locate the same, and upon the certified, 
presentation of such certificate to the county commissioners' 
courts of Christian and vShelby counties. 
12 



.Mb. % 



178 LICENSES. 

Payment of Sec. 4. It shall be the duty of said courts to issue oiders 
expense. ^^ ^j^^ treasurers of their respective counties, for the payment 
of the amount so certified, to such persons, and in such amounts 
as the commissioners appointed to locate said roads may certi- 
Proviso. fy the same to be due; Provided, also, That so much of the 

act referred to as provides for the appointment of Elisha Lin- 
der as commissioner, be, and the same is hereby repealed. 

Approved, February 27, 1841. 



- . „ . An ACT creating an additional precinct in Johnson connty. 

27, 1841. 

Sec. 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly, That the county commis- 
Additional sioners' court of Johnson county shall have power to create 
precinct. an additional justice's precinct in said county, which district 
shall embrace townships fourteen and fifteen, south of range 
three, east of the third principal meridian. The election for 
two justices and two constal)les shall take place at such time 
and place as the county commissioners' court of Johnson county 
shall direct, and be governed in all other respects as elections 
for justices of the peace and constables are now regulated by 
law, and shall perform their duties, and be commissioned ac- 
cordingly. This act to take eflfect from and after its passage. 

Apprcroed, February 27, 1841, 



An ACT to amend an act, entitled "An act to regulate tavern and grocery 
In force. Mar. licenses." 

1, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the eighth section 
of the act to which this is an amendment, and the one hundred 

ActB repeal id j^j^^ twenty-ninth section of the act relating lo criminal juris- 
prudence, be, and the same are hereby repealed. 

Grocery defi- ^EC. 2. Hereafter a grocery shall be deemed to include 

ned. all houses and places where any spirituous or vinous liquor is 

retailed by a less quantity than one quart. 

Penalties. Sec. 3. Every person who shall not have a legal license 

to keep a grocery, who shall barter, exchange, or sell any vi- 
nous or spirituous liquor, by a less quantity than one quarts 
shall be subject to indictment, and on conviction fined for eve- 
ry offence ten dollars. This act to be published immediately 
upon its passage in the paper published by the public printer, 
and take eflfect from and after the first day of March next. 

Approved, February 17, 1841. 



UCEKSES. 



I79I 



An ACT sapplemental to an act to amend an act, entitled "An act to 

reeulate taverns and groceries." In force, Feb. 

18, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That all penalties incur- Penalties how 
Ted by a violation of the provisions of the act to which this is recovered. 
a supplement, may be recovered by action of debt to be com- 
menced by summons in the name of the people of the State of 1 
Illinois, for the use of the proper county, before any justice of 
the peace of the county in which such penalty may have ac- 
crued, upon complaint of any citizen of said county; and ev- 
ery justice of the peace before whom any such recovery may 
be had, shall report the same to the county commissioners' 
court of the county, at the next regular term thereof, and pay 
the amount thereof to the county treasurer, when collected 
for the use of said county; Provided, That appeals shall be Proviso, 
allowed to the circuit court as in other cases of debt. 

Approved, February 18, 1841. 



An ACT in relation Jo Pedlars. 



In force, Feb. 
27, 1841. 



Sec. 1. Be it enacted by the People of the State- 6f Illinois', 
represented in the General Assembly, That no merchant, auc- ly. u ^ 
tioneer, pedlar, or other person or persons, company or cor- others to pro- 
poration shall hereafter be permitted to vend, sell, or retail, cure license, 
either at public auction, or private sale, any goods, wares or 
merchandize without having obtained a license for that pur- 
pose from the county commissioners' court of the proper county 
in which such goods, wares, or merchandize may be offered 
for sale, for which he or they at the granting thereof shall 
pay into the county treasury, for the use of such county such 
sum as may be assessed by said court, not less than five, nor 
more than one hundred dollars; which license, when pro- 
cured, shall authorize the person or persons to whom the 
same may be granted to vend, sell, and retail goods in such Term of h- 
county for the term of one year from the time of grantinp-^^^^^"- 
the same, or if a merchant, until the State and county tax 
shall be assessed by the proper authority of the State, accord- 
ing to the provisions of an act, entitled "An act concerning 
the public revenue," approved, February 26, 1839. 

Sec 2. If the county commissioners' court should not be qi^^^ („ _rJ^n^ 
in session when the application is made for license as aforesaid, permi in va- 
it shall be lawful for the clerk of said court to grant a written cation, 
permission to such applicant or applicants, to vend, sell, or re- 
tail goods, wares, and merchandize, as aforesaid until the end 
of the next term of said court, or the period mentioned in the 
first section of this act. If the said court shall at the next 
term after the granting of such permit, upon examination, 
approve the same; Provided, Such applicant or applicants Proviso, 
shall pay into the eaunty treasury for thciuse af<wesaid, such 



180 LICENSES. 

sum as said clerk, in his discretion, may direct according to 
the provisions of this act. 
Com' s. to as- ^^^' ^* When a permission shall be granted by the clerk 
8HS8 amount, in Vacation as aforesaid, it shall be the duty of the county 
commissioners' court, at their next term thereafter, to examine 
such permit, and to proceed forthwith to assess the amount to 
be paid for license to be paid in such case as in the case of 
original applications, 
p , !Sec. 4. If any person or persons, company or corporation, 

shall directly keep a store, or sell, or vend, or retail any 
goods, wares, or merchandize (except regular merchants who 
pay a tax to the county and State upon their goods, according 
to the provisions of an act, entitled "An act concerning the 
public revenue," approved, February twenty-six, one thou- 
* sand eight hundred and thirty-nine,) without being duly autho- 

rized by license or permit as aforesaid, such person or persons, 
company or corporation so offending shall forfeit and pay any 
sum, not exceeding one hundred, nor less than ten dollars, to 
be recovered by action of debt, in the ncme of the people of 
the State of Ilhnois, for the use of the proper county, before 
any court of record having jurisdiction of the same, or before 
any justice of the peace, or probate justice of the peace, who 
are hereby vested with jurisdiction in all cases under the pro- 
visions of this act, subject to appeal to the circuit court as in 
other cases. 
Persons not Sec. 5. This act shall not be construed to extend to the 
subject to this sale of goods, wares, and merchandize by persons who are 
*"'■ not merchants, auctioneers, grocers, grocery keepers or ped- 

lars, or to merchants who pay an annual tax upon merchan- 
dize assessed according to the present revenue law as before 
mentioned. 
Domestic ^Ec. g. That this act shall not be construed to extend to 

exoe pted'"'^^^ persons who manufacture and sell their own commodities with- 
in this State. That all laws and parts of laws coming within 
A';!.s repealed the provisions of this act, be and the same are hereby repealed. 

Approved, F'ebruary 27, 1841. 



An ACT to regulate F reign Insurance Company Agencies established 
la force, May i" ^'le State of Illinois. 

1, 1841. 

vSec. 1. Beit enacted hy the People of the State of Illinois, 
. , represented in the General Assembly, That each agent of any 

tafn "license, foreign insurance company shall, before he shall commence 
the business of insurance on any property whatsoever on ac- 
count of said foreign insurance company, obtain a license for 
that purpose from the treasurer of the State of Illinois. 
Amount paid Sec. 2. That there shall be collected by the said treasurer 
for license, on each license gianted as aforesaid, the sum of two hundred 
dollars annually, one hundred dollars of which shall be paid 
to the treasurer, on the granting said license, and one hundred 



LIENS. 



181 



dollars to be paid semi-annually thereafter, so long as said 
agent or agents may desire to continue the business of insur- 
ing as aforesaid. If any person or persons shall transact the 
business of insuring property on account of any foreign in- Penalty, 
surance company without a license, such person or persons for 
each and every such otience, shall forfeit and pay for the use 
of the State of Illinois, the sum of five hundred dollars. 

Sec. 3. Ail sums of money due to the State of Illinois for Money, how 
any license granted as aforesaid, and all penalties, fines, and recovered, 
forfeitures arising for any violation of this act, shall be recov- 
ered in any action of debt in the name of the treasurer for the 
use of the people of the State of Illinois, in any court having 
jurisdiction thereof. 

Sec. 4. That all moneys collected by virtue of this act, Money paid 
shall be paid into the State treasury for the use of the people J"' ^'^^^ 
of the State, and all chartered insurance companies not char- ^"'"^' 
tered by the Genenil Assembly of the State of Illinois, shall 
be deemed to be foreign insurance companies within the mean- 
ing of this act. 

Skc. 5. That each agent procuring a license as aforesaid, Dutyofagen:. 
shall file in the treasurer's office a true copy of the power of 
attorney, by virtue of which he is authorized to efiect insu- 
rance in this State. Said agent shall also file with said treas- 
urer a bond made by said agent with good sureties, in the pe- 
nal sum of one thousand dollars taken to the Governor and 
his successors in office, conditioned that said agent will well 
and truly pay the semi-annual payments required by the li- 
cense granted by the provisions of this act, which bond shall 
be renewed every two years. 

Sec. 6. This act to take effect irom and after the first day 
of May next. Approved, February 27, 1841. 



An ACT to enable purchasers of real estate to ascertain whether the s -me 
is free from incumbrances, and to prevent secret liens of attachments r,n<l 
executions. ^" ioTce, Feb. 

26, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That hereafter when a 
writ of attachment or a writ of execution is issued from the cir- ^^^' "' ^*' 
cuit court of one county, to any sheriff" or other officer of an- 
other county, and levied upon any real estate in such county, 
it shall be the duty of the officer making such levy, to make 
a certificate thereof, and file the same in the recorder's office 
of the county where such real estate is situated, and until the 
filing of such certificate, such levy shall not take effect as to 
creditors or bona Jide purchasers without notice. 

Sec. 2. That when a writ of attachment is levied upon Certificate 
any real estate, in any case, it ihall be the duty of the officer • 
making the levy, to file a certificate of such fact with the re- 
corder of the county where such land is situated, and froni 



182 MANUFACTURES* 

and after the filing of the same, such levy shall take effect as 
to creditors and bona fide purchasers without notice and not 
before. 
Duty of recor vSec. 3. It shall be the duty of the recorder of the proper 
de^"- county, to file and record the certificates mentioned in the 

foregoing sections, in a book to be kept for that purpose, for 
which he shall be entitled lo receive the same fees as for re- 
cording other papers,^to be paid by the plaintiff, in such exe- 
cution or attachment, and be taxed and collected by the sher- 
iff, as other costs. 

Sec. 4. The certificate mentioned in this act may be in 
I substance in the following form: 

! STATE OF ILLINOIS,) 

Tormjfcer. ^^^^^y^ Jss. 

I do hereby certify that by virtue of a certain writ of 
to me directed, from the circuit court of county, in 

favor of , against , dated 184 

I did on this day of 184 levy upon the 

following real estate (here describe it.) 

A. B., sheriff of county, 

(or coroner as the case may be.) 
Approved, February 26, 1841. 



w „ . An ACT to incorporate the Union Manufacturing Company. 

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

' represented in the General Assembly^ That Allen Boomer, 

Persons con- jyi^P^^^g White, C. H. Avery and A. E. Ames, their succes- 
poHiic. sors and assigns, be, and they are hereby constituted a body 

corporate and politic, by the name of the "Union Manufactu- 
Name& style, ring Company," and that all the rights and privileges that are 
conferred on the Union Steam Mill Company by an act enti- 
Powers and tied "An act to establish a company for manufacturing," ap- 
privilegea proved, second of March, one thousand eight hundred and 
thirty-nine, are hereby conferred on the said nion manufac- 
Proviso turing company: Prcrvided, That the private property of ev- 

ery one of the stockholders shall be liable for all the debts in- 
curred by said corporation. 

Approved^ February 3, 1841. 



An ACT to incorporate the Schuyler City Manufacturing Company. 
[n force Feb. 

17, 1841. Sec. 1. Be it enacted by the People of the State of Illinoisj 

represented in the General Assembly, That Benjamin V. Teel, 
I and Frederick Teel, of Schuyler cojnty, their associates and 

I successors in office, be, and they are hereby constituted a 

»fame «& style body politic and corporate by the name of the "Schuyler City 

Manufacturing Company," and by that name they and their 
I successors shall be capable in law and equity of contracting 

r and being contracted with, suing and being sued, pleading 



MANUFACTURES. 



183^ 



and being impleaded, answering and being answered, and of 
defending and being defended in all courts whatsoever, and 
maj have a common seal, which they may alter or change at 
pleasure. 

Skc. 2. The said company in their corporate name may Corporate 
manufacture iron and other metals, also grain and lumber,P°w^"- 
and may raise and export coal, and do and perform any 
thing not inconsistent with the laws of this State and of the 
United States, and which are necessary to eftect the above 
specified purposes. 

Sec. 3. The capital stock of said company shall be fifty capital stock 
thousand dollars, to be divided into shares of one hundred 
dollars each. 

Sec. 4. The persons named in the first section of this act Syjjgj,yjp,.j,Q 
shall be, and act as commissioners for the purposes hereinaf-to stock. 
ter expressed. Said commissioners shall, as soon as they 
shall deem it expedient, fix upon some time and place for se- 
curing subscribers for stock, and give public notice thereof in 
some public newspaper in this State; they shall provide and 
open books at such time and place for the subscription of 
said stock, and so^oon as the whole of the stock shall be sub- 
iicribed for, they shall fix upon some t,me and place for con- 
vening said stockholders, and give each stockholder a writ- . 

,. .. r -r • °,\ X ' ^ c i.u Election of ea- 

ten notice thereof, specifying the object lor convening the^gmQ^g. 

same, which shall be the election of a board of directors, and 

the said stockholders, or a majority of them, shall on beiag 

convened in pursuance of such notice, shall proceed to elect 

from their numbers, one as president, and six others as direc- president 

tors of said company, who shall be styled and shall constitute 

the board of directors of said company. 

Sec 5. In the election of said board of directors each g^^j^ ^y^^^^ 
share shall have one vote, and absent stockholders may vote one vote. 
by proxy; and the said board when so elected shall continue 
in office until their successors shall have been elected and Term of office, 
qualified. 

Sec. 6. There shall be an election for aboard of directors ^,,^^^1 gjg^^ 
held annually, according to the mode prescribed in the by- tion. 
laws of said company. 

Sec. 7. The board of directors shall have power to make, Powers of di- 
ordain and establish any and all rules, by-laws and regula- rectors. 
tions, which shall not be in violation of the Constitution and 
laws of the State, and which may be necessary to prosecute 
successfu'ly the objects of said company. 

Sec. 8. Said company may purchase and hold as much May hold 
as oie section of lanH and no more for the use of said compa-^^""^' 
ny: Provided, however. That said company may secure any Proviso 
sum or sums of indebtedness to said company by mortgage 
on real estate: Provided^ further^ That any real estate which Further pro- 
said company may acquire by virtue of any mortgage, shall "so- 
be sold within five years after it shall have been so acquired, 
or the same shall have become forfeited to the State. 



1S4 



MILL-DAMS. 



beTaxeS *° ^^^* ^' ^"'^ *^^ S°°^^' chatties, lands and effects of 
such company shall be subject to taxation, as similar proper- 
tj of individuals may under the laws of this State. 

Sec. 10. Said corporation shall continue for twenty 
years from and after the passage of this bill and no longer. 

Approved, February 17, 1841. 



An ACT to a mend an set creating the Exeter Manufacturing Company. 
In force Feb. 
26, 1841. Sec. 1. Be if enacted by the People of the State of Illinois^ 

represented m the General Assembly, That the Exeter Manu- 
May build facturing Company shall have power to erect machinery and 
naachinery, manufacture cotton yarn and cotton goods, hemp and cotton 
bagging, rope and bricks, and the stockholders of said com- 
pany shall have the power and privilege of any natural per- 
son in the exercise of tl.eir business powers. 

Approroed, February 26, 1841. 



An ACT to authorize James M . Strode to build a dam across Fox River. 

17, 1841. * Sec. 1. Be it enacted by the People of the Slate of Illinois, 
represented inthe General Assembly, That James M. Strode, 
his heirs and assigns, be, and he is hereby authorized to con- 
Location, struct and build a mill-dam across Fox river at and on the 
east fraction of the north-west fractional quarter of section 
number three, in township number forty-two north, of range 
number eight east, of the third principal meridian, in the 
Heighth. county of Kane, to the heighth of not exceeding (ive feet 
above low water mark: Provided, That said grant shall not 
Proviso. be construed so as to prevent the State from improving said 

Fox river at that place, by dams, locks, or in any other mode^ 
at any time hereafter, for the purpose of slack-water naviga- 
tion or otherwise. This act to be in force and take effect 
from and after its passage. 

Approved, February 17, 1841. 



An ACT to amend an act entitled "An act to authorize Daniel F. Hitt to 
build a mill-dam. 
In force, Feb. 

18, 1841. Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Asserably, That the act approved 
Part of act a- jyfj^^f,)^ the second, one thousand eight hundred and thirty, 
nine, entitled "An act to authorize Daniel F. Hitt to build a 
mill-dam," and to which this is amendatory, shall be so far 
amended and altered as to read in "township thirty-three 
north," instead of "twenty-three north," as mentioned in said 
act. Approved, February 18, 1841. 



MILL-SAMS. 185 

An ACT to provide for draining mill-dams on the Mackinaw Creek. 

In force, Feb. 

Sec. 1. Be it enacted by the People of the State of Illinois, 19^ 1841. 
represented in the General Assembly, That all and every pro- 
prietor or proprietors, owner or owners of lands ou either j?]ood gates, 
side of the Mackinaw creek, in McLean counlj, in this State, 
or any water grist mill or saw mill or any other machinery 
which is now erected thereon, or which may be hereafter 
erected thereon, above the mouth of Money creek, shall and 
they are hereby required to cause to be ei'ected or construct- 
ed in their m.ill-dams a flood gate or gates, in such manner as 
will drain all the water out of such dam or dams. 

Sec. 2. And such proprietor or proprietors, or militates to be 
owners, are hereby required to keep open such flood gate or P^"!'®"* 
gates at all times of low water when there is not a sufficient 
quantity of water in said Mackinaw creek for propelling said 
mills or machinery: Provided, nevertheless, Such proprietors 
or mill owners shall not be required to erect such flood gate """^^^o- 
or g?ites, unless individuals in the neighborhood respectively 
requiring the same shall defray or cause to be defrayed the 
necessary expense attending the erection of the same; Pro- 
vided, further, That when three or more persons of the neigh- ."'"^^'" P'"*'' 
borhood shall notify such proprietor or proprietors or mill 
owners to have such gate or gates erected, they shall give 
bond to such proprietor or proprietors for the payment of the 
cost of erecting the same, with good and sufiicient security, ^.''"'^ *° ^ 
which said bond and security shall be approved by the clerk 
of the county commissioners' court for the county in which 
the premises are situated. 

Sec. 3. he it further enacted. That such proprietor or pro- „ . . 
prietors, owner or owners, of such mill or mills who shall re- 
fuse or neglect to erect such flood gate or gales, as is 
herein required within ninety days after he, she or 
they shall have been notified of the execution and approval- , . 
of such bond and security as above provided, shall forfeit and 
pay the sum of two hundred dollars, to be recovered in an 
action of debt by any person who may sue for the same, in 
any court having jurisdiction thereof; and half the amount so 
recovered shall be paid into the county treasury of the coun- 
ty in which the premises are situated, and the other half to 
the person suing for the same; and also, such proprietor or 
proprietors, owner or owners, occupant or occupants, of such 
mill or mills, or other machinery, who shall refuse or neglect Further for- 
to keep open such flood gate or gates as is herein required, feiture. 
shall forfeit and pay the sum often dollars for every twenty- 
four hours that he, she, or they may neglect the same, to be 
recovered before any justice of the peace, for the use of the 
person suing tor the same. This act to be in force from and 
after its passage. 

Approved, February 19, 1841. 



186 



Mill-dams* 



An ACT to authorize the erection of a mill-dam across Rector's Fork of 
In force Feb. ihe Saline, in Gallatin countv. 

24, 1841. 

Seg. 1. Be it enacted by the People of the State of Illinois j 

represented in the Genetal Assembly^ That John Douglass, 

build mill-^"^ ^'^ Vickers, their heirs and assigns, are hereby authori- 



<lam. 



Proviso. 



Damages. 



Jury. 



Fees. 



zed to build a mill-dam across Rector's Fork of the Saline, in 
Gallatin county, on the north-east fourth of the north-east 
quarter of section twenty-eight, in township seven south, 
range seven east: Provided^ Said land as above described 
shall belong to the said Douglass and Vickers: Provided, 
also, That if any person or persons shall sustain any loss or 
damage by the water overflowing any land or any other pro- 
perty whatever, occasioned by the construction of said mill- 
dam, then and in that case, the said Douglass and Vir kers 
shall be accountable and pay to all such person or persons as 
may be damaged thereby, which damage shnli be ascertained 
and assessed by a jury of six good and lawful men, freehold- 
ers of the district in which the said damage may accrue. 

Sec. 2. The jury shall be summoned by the sheriff or any 
constable of said county, or they may be mutually chosen 
by the parties concerned, and sworn by some justice of the 
peace of said county. 

Sbc. 3. Said jury may be sworn by the officer so sum- 
moning them, and the jury after being sworn as aforesaid, 
shall be governed in all respects as to the assessment of the 
damage, and their duties otherwise a? jurors, are in the act 
regulating mills and millers, approved, February the ninth, one 
thousand eight hundred and twenty seven. 

Sec. 4. The sheriff or constable ani the jury shall re- 
ceive fees in the same manner as are allowed in similar cases. 
This act to be in force from and after its passage. 

Approved, February 24, 1841. 



In force Feb. 
24, 1841. 



Location. 



Heigh th. 



Proviso. 



An ACT to authorize Lester Barker, Alanson House and their associates 
to build a mijl-dam across Fox River. 

Sec 1. Be it enacted by the People of the Slate of Illinois^ 
represented in the General Assembly, That Lester Barker, 
Alar.son House and their associates, be, and they are hereby 
authorized to construct, build and continue a mill-dam across 
Fox river at or near the head of the Big Woods, in the coun- 
ty of Kane, between the lands held by them, to the heighth 
of seven feet above low water mark ; also, another dam across 
a slough within three-fourths of a mile below the above men- 
tioned dam, on the west side of said river, between lands 
held by them, to the heighth of eight feet above the surface 
of the slough: Provided, Said grants shall not be construed 
so as to prevent the State from improving said Fox river at 
those places by dams, locks, or in any other way, at any time 



MILIrDAMS. 187 

■ifter, for the purpose of slack water navigation or 
rwise. This act shall take effect from and after its pas- 
; Approved, February 24, I8il, 



,T to authorize Jciseph Cbaffin and Christian Casebeer to build a mill- 
dam across the Kaskaskia River, j^ fo^ce Feb 

23, 1841. 
!3. 1. Be it enacted by the People of the State of Illinois, 

vented in the General Assembly. That Joseph Chaffin and « 
.• r^ u ii • 1 • •^' . r 1 1 rersons au- 

ilian Uasebeer, their heirs or assigns, are hereby author- thorized to 

:to erect a mill-dam across the Kaskaskia river on the build dam. 

■east quarter of section twenty- eight, in township seven 

, range one east, in the county of Fayette. 

!;. 2. Said Joseph ChafBn and Christian Casebeer, are Heighth. 

l;r authorized to build said mill-dam eight and one half 

ligh, and in order to secure the benefit of this act shall 

' said mill-dam completed and a mill in operation in 

i years from the passage of this act. 

Approved, February 24, 1841. 



|T to authorize Solomon Husalton to build a dam across Little Wa- 

bash River , and for other purposes . w ^ ^ . 

I * In force Feb, 

(!. 1. Be it enacted by the People of the State of Illinois^ ' 

imted in the General Assembly, That Solomon Husal- Location. 

;, and he is hereby authorized to build and continue a 

am across the Little Wabash river, on the south-west 

IT of section number twelve, in township number two 

I of range eight east, of the third principal meridian, in 

|;ounty. 

I. 2. The said dam shall not exceed eight feet in Heighth. 

];hfrom the bed of the stream, and shall be constructed 

I down stream slope with a base of at least two horizontal 

h perpendicular foot, and shall be well and sufficiently 

isd and kept in repair, so as tp allow the safe passage of 

iscending navig.ition of the said river. 

. 3. The State hereby reserves the right of construct- State may,, 

lock, cut, sluice or other device, for the transit of the construct 
■' • ■ ...... ]ock. 



on the river, over, around or near the site of the said 

whenever it may be deemed advisable by the Legisla- 

br the improvement of the navigation of said river, 

lit any charge or cost to the Stale for the right of way 

e said Husalton, his successors or assigns: Provided, Proyiao. 

aid Solomon Husalton, his heirs or assigns, shall be the 

•of the lands on both sides of said river where the said 

hall be built. 

. 4. Beit further enacted, That Frederick B. Brock- Location 

r Effingham county, be, and he is hereby authorized to 

and continue a mill-dam across the Little Wabash river 



188 



MILL-DAMS. 



on the east half of the south-west quarter of section nur 
eight, township number six north, range number six > 
of the third principal meridian, in Effingham county; 
said dam shall not exceed eight feet high from the bed o; 
stream, and shall be constructed so as to allow of the 
passage of the descending navigation on the said river, 
third section of this act shall be applicable in all respec 
the powers and privileges hereby granted. 

Approved, Fehruary 26, 184 



An ACT in relation to certain mill-dams on Big Muddy, in Jaspe 

, , _, , Clay counties. 

In force Feb. 

27 1841 

Sec. 1. Be it enacted by the People of the State of Ilhn 

represented in the General Assembly^ That William Lewis) 

rized'"to^build ^"^ ^^ ^^ hereby authorized to build and continue a mill i 

dam. across the Big Muddy fork of thj Little Wabash rive o 

the north-west quarter of the south-east quarter of seio 

twenty, township five, range eight, east of the third prin « 

meridian, in the county of Jasper. The said dam shall n 

Heighth. exceed eight feet in heighth from the bed of the stream w i 

said dam shall be built: Provided, Said Lewis shall bib 

Proviso. owner of the lands on both sides of said stream, where li 

dam is to be built. 
Person autho- Sec. 2. Be it further enacted^ That John Ditter, be, ar li 
rized to build is hereby authorized to build and continue a mill-dam a » 
*'*™- the Big Muddy fork of the I .ittle Wabash river, on the n tl 

east quarter of section seven, township four north, r § 
eight east in the county ofClaj. The said dam shall no a 
ceed eight and a half feet fiom the bed of the stream; ft 
shall be constructed with a down stream slope, with a s 
Proviso. of at least two horizontal to each perpendicular foot, and a 
be well and sufficiently planked and kept in repair: Proien 
The said John Ditter, his heirs and assigns, shall be the n 
ers of the land on both sides of said river. 
Noah Levett ^^^' ^' ^^ ^^ further enacted, That Noah Levett be, a 
may build he is hereby authorized to build and continue a mill « 
dam. across the Big Muddy fork of Little Wabash river, in sc 

twenty-two, township four, range eight eastof the third pi j 
pal meridian, in the county of Clay. The said dam shall n( ^ 
Heighth. ceed seven feet in height from the bed of the stream, and al 
be constructed with a down stream slope, with a base a 
least two horizontal to each perpendicular foot, and sh; ■ 
well and sufficiently planked and kept in repair: Proi 
Proviso The said Noah Levett, his heirs or assigns shall be the s 

er of the land on both sides of the river where said h 
shall be built. 
H.Yates may ^EC» 4. Be it further enacted, That Howard Yale 
build dam and he is hereby authorized to build and continue c 



NEGROES AND MULATTOES. 189 

.across the Big Muddy Fork of Little Wabash river, on 
louth-west quarter of the south east quarter of sectiou <^°^''°° 
ijber two, township number three north, of range num- 

i:ight east, of the third principal meridian, in the county 

lay. The said dam shall not exceed six feet in heighth 
^the bed of the stream, and shall be constructed with a ^^^ 
^1 stream slope, with a base of at least two horizontal to 
^ perpendicular foot, and shall be well and sutiiciently 
^{ed and kept in repair: Provided, The said Yates, his , 

or assigns, shall be the owner of the lands on both sides '■°"^"- 

3 stream where such dam shall be built. 
\\ Appj-aved,Februar J/ 27, 1841. 



c. 



t 

uCT to authorize John Primm, senior, to huild a mill-dam icross 

^ Sangamon River. 

( In force Feb . 

1. Be it enacted by the People of the State of Illinois, ' 
rented in the General Assembly, That John Primm, Se- 
liis heirs and assigns, be authorized to build and Location 
tain a mill-dam across the Sangamon river, in Sanga- 
county, at or near a shoal called "Fisher's Ford," on 
li)fl twenty-three, town seventeen north, range six west. 
^ c. 2. That said mill-dam shall not exceed six feet high Heighth. 
'Ci low water mark, and shall be so constructed as to al- 
sv he safe passage of the descending navigation on said 

3. The State hereby reserves the right to construct Right reserT- 
i,ov some other device, for the transit of the trade on ed. 
e ver, over, around or near the site of said dam, when- 
eil may be deemed advisable by the Legislature, for the 
ipvement of the navigation of said river, without any cost 
!e fcjtate for the right of way by said Primm, his succes- 
r ir assigns. 

^c. 4. And be it further enacted, That William Carpen- Wm. Carnen- 
r ? allowed to build a mill-dam across the Sangamon river ter may build 
> ne.ir where he now keeps a ferry, and that said dam be ^I'l-^^a™- 
li agreeable to the provisions of section two: Provided, p^^^^^ 
ii mill-dam is built above the present ford at said ferry, 
itn such a manner as not to obstruct said ford. 

Approved, February 27, 1S4L 



An ACT in relation to free negroes and mulattoes. 

In force Feb , 
» c. \. Be it enacted by the People of the Slate of Illinois, 19, 1841. 
osentedin the General Assembly, That every black or 
u CIO person, being a native of this State, and residing Ey^jg^^g^g^ 
ilia the same, may at any time enter his or her names, to- be recorded. 
sier with the names of his or her family, with the clerk of 
Kiircuit court of the county in which he or she may re- 



t^ NOTARY PUBLIC — ^PAUPERS. i 

side, together with the evidence of his or her freedom, \[\n 
shall be entered on record by said clerk, together wi 
description of all such persons; and thereafter the clerkso 
tificate of such record shall he prima facia evidence of 1; 
her freedom, afford the holder the same protection, and a 
the same effect in law, as is given to certificates graml 
pursuance of the fourth section of the act entitled "A : 
respecting free negroes, mulattoes, servants and slaves, i 
proved, March thirtieth, one thousand eight hundrecq 
Proviso nineteen: Provided, nevertheless, That nothing herein :| 

tained shall be construed to bar the lawful claim of anjx 
son or persons to any such negro or mulatto. 
• Approved, February 19, 18, 



An ACT for the appointment of a Notary Public in the city of Na oi 

"" 7° 184L ^"* ^ ^'^' ^ • ^^ *^ enacted by the People of the State of Illinc ,i 
presented in the General Assembly, That it shall be iheu 

Notary public '^^ *'^*^ Governor, by and with the advice and consent otl 
Senate, to appoint one notary public in the city of Nac 
in Hancock county, whose duties and term of service sh; 
the same as are now required and prescribed by law i 'i 
pect to other notaries public. 

Approved, January 7, 18 . 



_ , ^ . An ACT in relation to Paupers. 

In force Feb. 
20, 1841. 

Sec. 1. Be it enacted by the People of the State of Uh 

represented in the General Assembly, That hereafter an;M 

table "^where ^^"^ becoming chargeable as a pauper in this State, shal I 

ihey reside, chargeable as such pauper in the county in which he onl 

resided at the commencement of the thirty days immedie 

preceding such persons becoming so chargeable. 

Clerk of c'ty Sec. 2. If any person shall become chargeable ii r 

to notify. county in which he or she did not reside at the comim : 

ment of the thirty days immediately preceding his or hei) 

coming so chargeable, he or she shall be duly taken cai i 

by the proper authority of the county where he or she s 

be found, and it shall be the duty of the clerk of the coil 

commissioners' court to send notice per mail to the i 

of the county commissioners' court of the county in mi( 

such pauper resided as before stated, that said p(!< 

has become chargeable as a pauper, and requesting then 

thorities of said county to remove said pauper forthwith,! 

to pay the expense accrued in taking care of him or the. 

Sec. 3. If said pauper by reason of sickness or diseasi i 

by neglect of the authorities of the county to which he o li 

belongs, or for any other sufficient cause, cannot be mcS 



PRACTICE, PRE-EMPTIOrr. Idl 

then the county taking charge of such individual or individ- When person 
uals may sue for and recover from the county to which ^^q"^"^"^® '■^" 
said individual or individuals belong, the amount expended 
for and in behalf of such pauper or paupers and in taking 
care of the same. 

Sec. 4. The term residence in this act shall be taken and 
considered to mean the actual rtsidence of the party or the Explanation, 
place where he or she was employed, or incase he or she was 
in no employment, then it shall be considered and held to be 
the place where he made it his home. 

This act to take effect from and after its passage. 

Approved, February ;^0, 1841. 



An ACT to amend "an act simplifjing proceedings at .aw for the col- 
lection of debts," Approved, February the 25th, 1833. 

Id iorcG Feb 
Sec. 1. Be it enacted by the People of the State of Illinois^ 23, 1841. 

fepresejited in the General Assembly, That so much of the act 

to which this is an amendment as requires all suits commen-^^^ requiring 

ced under said act to be docketed to the second day of the guits to be 

court, be and the same is hereby repealed, and all suits com- docketed, re- 

menced under the provisions of said act shall as soon as com-P^^'^'^ 

inenced be placed on the common law docket, and shall not 

be tried except in the order which they occupy on the docket, ^^^^^ 

unless for good cause, the court shall otherwise direct. 

Approved, February 23, 1841. 



An ACT to provide for settlers on lands purchased by the State. 

Sec. 1. Be it enacted by the People of the State of Illinois, J^a force Feb. 
represented in the General Assembly, That any person who 2'^» '°41. 
actually resided on, or had made permanent improvements 
on any lands heretofore purchased by the board of com- When persons 
missioners of public works, by authority of the 31st section entitled to 
of an act entitled '*An act to establish and maintain a general ^'^ 
system of internal improvement, approved, February twenty- 
seventh, one thousand eight hundred and thirty-seven, 
and who had made such improvements, and resided on 
or occupied such improvements three months before, and 
at the time of such purchase, and who had not given 
their consent to the purchase of the State, shall be en- 
titled to a deed for the same upon the conditions hereinafter 
•mentioned for any legal subdivision of said lands, not exceed- 
ing one hundred and sixty acres. P7-ovided, That the StateProviso 
reserve the right of way for any railroad or other road she 

I may construct hereafter over such lands. 

Sec. 2. Any person having the right to avail himself or Proof of claim 

1 herself of the provisions of this act, shall go before the 
clerk of the circuit court or county court, or any justice of 
the peace of the county, in which said land may be situated. 



Amount 
acre 



192 ' PUBLIC PRINTER. 

and make proof of his or her claim, according to the full in» 
teal and meaning of the provisions contained in the forego- 
ing section, which proof shall be taken under oath, and shall 
be certified at length by the officer taking the same. The 
applicant shall present the same to the Fund commissioner, 
and if upon examination of the same he shall be of opinion 
that said lands so applied for were purchased contrary to the 
true intent and meaning of the thirty-first section of the act 
in relation to internal improvement, approved, February 
twenty -seventh, one thousand eight hundred and thirty -seven, 
and shall so decide, it shall then be lawful for such applicant 
to pay over to the Fund commissioner the sum of one dollar 
'^^'^and cwenty-five cents per acre for as much as he shall estab- 
lish his claim to, not exceeding one hundred and sixty acres, 
together with interest at the rate of six per cent, per annum 
to be computed from the time of purchase by the State to 

c, , ,,„,„ the time of payment herein mentioned: audit shall moreo- 

give receipt ver be the duty of saidrund commissioner to give such ap- 
plicant a receipt for the same, specifying therein the quanti- 
ty of land, and an accurate description of the tract or tracts 
of land so paid for; and it shall moreover be the duty of the 
Auditor to is- Auditor of public accounts upon the presentation of such 
sue deed receipt to execute a good and sufiicient deed for the land so 
described, to the person entitled to the same. 

Sec. 3. This act shall be construed liberally to favor the 
settler on any lands bought by the State, contrary to the pro- 
Certificates visions of the act hereinbefore alluded to, but no right herein 
not transiera- provided to be protected, shall be assignable or otherwise 
transferable before the making of the deed by the Auditor: 
Provided, This act shall remain in force for one year and no 
longer. 

Approved, February 'il^ 1841. 



In force Feb. ^" ^^^ supplemental to "An act defining the duties of Public Printer," 
23 1841. ^""^ fixing the time and manner of performing the same. 

Sec 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That the prices of pub- 
lic printing as fixed by a joint resolution of the Senate and 
ting ^ ° '' "House of Representatives, adopted July twenty -first, one 
thousand eight hundred and thirty-seven, to wit: seventy- 
five cents per thousand ems for composition, and seventy- 
five cents per token for press work, shall hereafter be per- 
2d Section of "^anent until altered by law. 
act repealed Sec. 2. The second section of the act to which this is 

^ supplemental, be, and the same is hereby repealed. 
surer ami sec- ^^^' ^' ifnn^ediatoly after the printing of any session of 
retaryof state the General Assembly shall have been completed, itshall be 
with"*ubiic ^^ the duty of the Auditor, Treasurer and Secretary of State, to 
printer settle the accounts of the public printer according to the 



•» 

^ 



PUBLIC PRmXER. 



193 



sixth section of the act to which this is supplemental, and to 
ascertiin the quantity of paper which has been properly 
used by the public printer in the printing for said session. 
Sec. 4. Thereupon the Secretary of Slate shall cause 

an advertisement to be published three times in the newspa- . 

■ ■•■II 1 11- • .. J • feecretary to 

per published by the public printer, and in some newspaper advertise for 
published at each of the following places, to wit: St. Louis, paper 
Louisville, Pittsburgh, Philadelphia, New York and Boston; 
the third insertion of such advertisement to be at least one 
month previous to the time appointed for receiving propo- 
sals; said advertisement shall specify the quantity, size and Quality and 
quality of paper which will be required for the public print- ^"^"'^'^ °^ 
ing, the time and place of delivering the same, and the time 
when and the place where, sealed proposals will be received for 
furnishing the same. The quantity of paper to be furnished 
shall be ascertained by adding one-fourth to the quantity used 
for the printing of the preceding session of the Legislature, 
and deducting from the whole amount the quantity of sur- Surplus paper 
plus paper remaining in the hands of the public printer for 
the time being. 

Sec. 5. A.t the close of the period for said advertise- Proposals 
ment, the Secretary of State shall in the presence of the Au- 
ditor and Treasurer, open all the proposals he may have re- 
ceived, and thereupon shall accept the propos?] of the lowest 
responsible bidder, and immediately notify such bidder of 
such acceptance. „ it be 

Sec. 6. The Secretary of State shall file such proposal filed 

in his office. 

Sec. 7. The public printer shall give bond to the Gov- „ ^ ^ ^ 
. L 1 • • i . • IT Bond of pub- 

ernor, with good security previous to entering upon the dis- jic printer 

charge of the duties of his office, in the penalty of ten thou- 
sand dollars conditioned that he will faithfully perform and 
execute all the public prindng required to be done in pursu- 
ance of law, by the direction of either branch of the Gen- 
eral Assembly, or any officer of the State, and that he will 
do and perform all otUer acts and things required, or which 
may hereafter be required of him according to law, which 
said bond shall be approved by the Governor and filed in the 
office of Secretary of State. 

Sec 8. The person receiving the contract for furnishing the ^°°*^'"°r *® 
paper for the use of the State shall, at the time of the exe-^*^* 
cution of such contract, give bond to the Governor in the pe- 
nalty of ten thousand dollars, conditioned that he will faith- 
fully furnish and deliver the said paper in kind, quality and 
quantity, at the times, places, and upon the terms mentioned 
in said contract; and that he will, in all respects, comply 
faithfully with the provisions oi such contract, and of the law 
by virtue of which such contract shall have been made, 
which said bond shall be approved by the Secretary of State, 
Auditor and Treasurer, and filed in the office of Secretary of 
State. 

13 



194 RAILROADS. ' 

How paid. Sec. 9. LTpon the delivering of the paper in pursuance 

of, and according to such contract, the Auditor with the con- 
currence of the Secretary of State and Treasurer, shall draw 
his warrant in favor of such contractor for such sum of mo- 
ney as he shall be entitled to therefor. 

Printer to re- ^^^' ^^' '^^^ public printer shall, within the first week of 

port, each session, report to the Legislature the amount of work 

done by him, the nature of said work, the amount of money 
received therefor; and the amount and quality of paper used 
by him as public printer since the commencement of the pre- 
ceding session of the General Assembly. 

Sec 11, Id printing messages, reports and other docu- 

docifmems ° Dnents ordered by either branch of the General Assembly, or 

how printed, in pursuance of any law or resolution of the Legislature, the 
State printer may place a title at the top of the first page oi 
every such document, but shall dispense with a title page, 

Proviso and with all unnecessary blank pages: Provided, That a title 

page shall be prefixed to the volume of reports, and to the 
journals of the General Assembly. 

Sec. 12. In priming the journals of the General Assem- 

Directions to bly, the public printer shall avoid all useless and unnecessary 

printer. blanks, making no breaks or paragraphs except after a peri- 

od, and in all respects he shall execute such printing in the 

Proviso. most economical manner: Provided, That the provisions of 
this section shall not be construed to apply to the printing of 
the journals of the present session. 

Sec 13. The journals of all future sessions of the General 

Journal how Assembly shall be printed upon type of the size called bre- 

^'"" * vier, or upon smaller type. 

Sec. 14. All bills ordered to be printed by either branch 
of the General Assembly shall be printed without space be- 

nhnted °^ tween the lines, except when other^yise expressly directed. 

Approved, February 23, 1841. 



An ACT to provide for the completion of that part of the Northern Cross 
Railroad from Springfield to Jacksonville, and for other purposes. 

In force Feb. 

36,1841. gj^^^ Y, Be it enacted bi/ the People of the State of Illinois, 
represented in the General Assembly, That the Governor be, 
and he is hereby required to hand or pay over to the Fund 
commissioner, as many of the canal bonds authorized by him 

canal°bo"nds^'^ *® ^^ ^^^^ ^V ^" '^^^ entitled "An act to provide a loan for 
canal purposes," approved, February twenty-third, one thou- 
sand eight hundred and thirty-nine, as said canal fund may 
be indebted to the internal improvement fund, by an act en- 
titled "An act authorizing a certain loan for canal purposes," 
approved, January twenty-first, one thousand eight hundred, 
and thirty-nine. 

Bonds applied ^^^^ 2. The Fund commissioner is hereby authorized to. 
apply one hundred thousand dollars in said bonds towards^^ 



RAILROADS. 



19& 



the completioiTotf the Northern Cross railroad from Jack- 
sonville to Springfield, and he is authorized and required to 
enter into contract with responsible person or persons topund ComV 
complete the same in one year, and pay them in said bonds, to contract, 
or so many thereof as shall be necessary, and the excess, if ' 
any, shall be applied to the payment of interest upon 
the internal improvement debt, and to no other purpose; and 
he is hereby authorized to do all acts necessary to carry the 
intentions of this act into effect. 

Approved by the Council^ February 26, 1841. 



An ACT to incorporate the St. Clair Railroad Company. 

^ In force Feb. 

Sec. 1. Be it enacted by the People of the Slate of Illinois^ ' 
represented in the General Assembly, That William C. Ander- 
son, Joim D. Whiteside, and others, their associates and suc- 
cessors, are hereby constituted a body corporate and politic, . 
by tne corporate name of the "St. Clair Railroad Company," ^™® ^ ^ ^ 
and by that name shall have perpetual succession, and have 
power to contract and be contracted with, sue and be sued, 
plead and be impleaded, in all courts and places; have a com- 
mon seal and alter the same at pleasure, and shall have pow- po^^'ers. 
er to make by-laws not inconsistent with the laws of this 
State or of the United States, and shall have perpetual suc- 
cession. 

Sec. 2. The said company hereby incorporated may ap- Management 
point any one or more of its members, or other person or 
persons, to manage, control, and direct the business and op- 
erations of said company according to such by-laws, rules 
and regulations of said company, as may be passed not in- 
consistent with law. 

Sec. 3. The said company are hereby empowered to fin-^'^j.^''?^/^^,^*'' 
ish their railroad from the bluffs in St.Clair county, to the 
Mississippi river opposite St, Louis; and may also extend 
their said railroad from the place where it strikes the bluffs 
aforesaid, in a northerly direction along the base of said bluffs 
to the (xreat Western Mail route from VincennestoSt. Louis, 
and in a southerly direction, not to exceed one mile; and the 
said company are hereby empowered to acquire to them- 
selves tiie right of way, not exceeding fifty feet in width, ^'S^'^'^'^'^y* 
through the whole route of said railroad from the Great Wes- 
tern Mail route c»foresaid, to the Mississippi at low water 
mark; and for the purpose of compensating the owner or 
owners of the land through which said railroad shall pass, if 
the same cannot be otherwise agreed upon, the said compa- 
ny may apply to the sheriff of said St. Clair county, to cause 
the damages, which any owner of land may sustain by reason of Damagee. 
said road running over the same, to be assessed by a jury; 
whereupon the said sheriff shall cause a jury of six good and 
lawful men, who shall be of kin to neither the owner of said 



196 RAILROADS. 

land, nor of any member of said company, who being by 
the said shcrifl'duly sworn (o enquire o/ Die damages, shall, 
in view of the land, ceilify the amount of damages which 
such owner may sustain by reason of the running of the 
rofid as aforesaid, which ccrliticate shall be signed by the said 
jury, and shall also slate the width and length of the land 
applied for by said company, and shall also contain a descrip- 
tion of the same by metes and bounds, which finding and 
Certificate to certiticate of the jury shall be filed with and recorded by 
be filed ^j^^ recorder of St. Clair county aforesaid. And when the 

owner shall be paid, ihe amount of damages assessed shall 
vest the right of way in such described land in said compa- 
ny; but the said jur) in assessing such damages, shall take 
ini') consideration the amount which the owner of the land 
will be benefitted, if any, ly such railroad, and deduct the 
same from the value of the land condemned for right of way 
as aforesaid. 
r, Sec. 4. The said company are hereby empowered to 

roacL^ ^ make and erect as many depots, and of such dimensions as 
shall be necessary for the convenient use of said railroad, 
and may acquire as much land as may be necessary by pur- 
chase or by an inquest of a jury in manner and form as is descri- 
bed in the preceding section for obtaining and acquiring the 
ri^'ht of way; and after such an inquest in relation to the 
right of way as aforesaid, or in relation to land necessary for 
a depot as aforesaid, if the amount of damages assessed shall 
be duly paid or tendered to the owner or owners, agent or 
occupantof the land, no writ of injunction shall prevent said 
company, or other person acting under its authority, from 
making and using said railroad and depots aforesaid. 

Sec. i5. The jury in assessing the damages aforesaid, 
fe"I P""* shall not take into consideration any ferry privileges which 
^^^^' may be supposed to be affected by the making of such 

road or depots. 

Sjsc. 6. Slid company shall cause a book to be opened sub- 
Book open to je<:tat all times lo the inspeclion of any member, which shall 
inspeciiou. contain the names of all the members, and the estimated share 
of stock which each member may now or hereafter own; and 
the said shares may be transferred on the said books in the 
manner to be prescribed in the by-laws of said company, 
and each member shall share the loss oi said company, if 
any, in proportion to the amount of his capital, and share the 
profits in proportion to his capital. 
Farther pow- ^^^' '^' ^^^^ company shall have power to acquire, own 
era. and employ steam power, or animal power, locomotives, cars 

and cairiages. necessary for the transportation of pas; engers, 
coal, and every description of personal property on said road 
for themselves and all other persons. 
Act deemed Sec. 8. This act shall be considered a public act, and 
public. pieaj in all courts of law and equify. 

Approved, February 26^ 1841. 



RAILROADS. 



197 



An ACT supplemental to "An act to incorporate the Des Moines In force Feb. 
Rafiids Railroad Coiupany." 27, 1841. 

Sec. 1. Be it enacted by the People of the State of /:7i?io/.?, 
represented in the General Assembly^ That the ikne specified 
in the act to which this is supplemental, for comniencinj^ the 
construction of the Des Moines rapids railroad, is hereby ex- 
tended until the first day of May, one thousand eight hundied '''j™« extend- 
and forty-three, and the time for compli-tin.; the same until 
the first day of May, one thousand eight hundred and foity-six. 

Sec. 2. The Des Moines rapids raih'o.id compiny may 
connect the Des Moines rapids railroad with the Peoria r.nd 
Warsaw railroad, at such point as they ma}' deem expedient, ^ "^ connect, 
and are authorized to complete so much of said Peoria and 
Warsaw railroad as lies between the point of intersection, 
and the town of Warsaw, and use the same until it mny be 
needed by the State: Provided^ That the State may resume 
the use and control thereof at any time on pnying to the com- '■°"^°- 
pany the amount of money^ expended in its completion, with 
interest at the rate of six per centum per annum. 

Sec. 3. The coinpany shall be entitled *o receive from 
the State a sufficiency of railroad iron, plates a'ld spikes to niiiroad^iron* 
complete the superstructure of the said Des Moines rapids 
railroad at the original cost thereof: Providd, They make 
application for the same to the Governor, on or befoie the ^°^^^°' 
first diy of May, one thousand eight hundred aad forty three; 
and on their entering into bond to hy approved by him, to 
pay to the State within tliree years from ibe time of applica- '^° S"'^ bond. 
tion, the value of said iron, logethei with six per cent, per 
annum interest from the time the said company may receive 
the same: Provided. That nothintj in this section shall he con- 
strued so as to require the State to furnish such iron, unless t^roviso. 
it miy be on hand and not otherwise disposed o.'', or appro- • 

priated. 

Sec. 4. The time allowed to the Warsaw marine and 
fire insurance company for pr(.)curing subscriptions of stock F-stension of 
and commencing operations, is hereby extended three years *™^' 
from the passage of this act. 

Approved, February 27, 1841. 



fe Ai 



An ACT to authorize the Mount Carmel and Alton Railroad Company 

to construct the Southern Cross Railroad. » , p . 

HE^EAS, By an instrument bearing date the thirty-first day ' 
of March, one thousand eight hundred and thirty-seven, 
and now on file in the otiice of the Secretary of State, t!ie 
Mount Carmel and Alton railroad company relinquished _, 
Upon certain conditions therein contained, to the Slate of 
Illinois, tiieir right to construct a railroad from Mount Car- 
mi to Alton, as conferred upon ihcm 1)) an act entitled 
*'An act to incorporate the Mount Carmel and Alton 
Railroad Company," approved, sixteenth of January, one 



19S 



ItAILROADS. 



thousand eight hundred and thirtj-six; and it being mani* 
fest that it will be impracticable for the State to comply 
with the terms upon which said relinquishment was made^ 
therefore, 

Sec. 1. Be it enacted by the Peopit of the State of Illinois, rep* 
construct resented in the General Assembly, That the assent of the 
road State be, and it is hereby given to a recession of said relin- 

quishment, and that the Mount Carmel and Alton railroad 
company be, and they are hereby authorized to construct 
said road, as originally contemplated by the terms of their 
charter, any thing in said instrument relinquishing their right 
so to do to the State to the contrary notwithstanding. 

Sec. 2. That within ninety days from the passage of this 
Appraisers to '*^^^' ^^ ^^'<^^^ be the duty of the Governor to appoint one com- 
be appointed petent person, and the president and directors of said com- 
pany one other person, whose duty it shall be, after being 
duly sworn, to ascertain and examine the amount of work 
done, and materials furnished by the State, on and for tlie con- 
struction of said road; they shall estimate the then value of 
such work and materials, and report the amount to the Go- 
vernor, and to the president and directors of said company* 
Certificates of ^^^" '^' That upon such report as is provided for in the 
stock. preceding section, being made, it shall be the duty of the 

president and directors vi said company to issue a certificate 
of stock in favor of the State of Illinois, equal to the amount 
thus reported. 
Statemayvote Sec. 4. That the State of Illinois, in the government of 
the affairs of said company, shall be entitled to the same num- 
ber of votes and influence that an individual would be enti- 
tled to who might own the same amount of stock; and it 
, shall be the duty of the Governor of the State, by himself, 
or his agent, to represent the stock owned by the State, in all 
elections which may take place under the authority of the 
act incorporating said company. 

Sec 5. That all the rights and privileges conferred up- 

Powers con- on said company by their original act of incorporation, are 

®"® ■ hereby confirmed to them, and the time limited in said act 

for the completion of said road, shall be extended to ten 

years from the passage of this act: Proiiided, That in the ap- 

Proviao. portionment of the profits of said road, the State shall be 

entitled to dividends in proportion to the amount of stock it 

may own, and be paid thus at the time other stockholders are 

Further pro- paid: And Provided, further. That said company shall expend 

"'°' in the construction of said road the sum of tvi'enty thousand 

dollars annually, until they shall have expended an amount 

equal tothatsubscribed orowned by the State, the time to com- 

mence from and after the first day of January, one thousand 

mencenjem?"®'g'^^ '^""'^'"^*^ ^"^ ^"'"'•y'^^^O'^'^d ^^ ^^'^ company shall fail 
to expend such sum in any one year, so much of the work 
and materials as may have been furnished by the State, 
shall revert to it. The said company shall make out annually 



RAILROADS. 



109 



after the first day of January, one thousand eight hundred and Annual setiie- 
forty-two, a statement to be verified Ly the oath of some pro- ™^"^' 
per officer of the company, exhibiting the amount expended 
by said company during that year: said statement to be laid 
before the Governor of the State. 

Approved,, February ''11^ 1841. 



An ACT in relation to the Northern Croas Railroad between Springfield 

and Jacksonville. In force Feb. 

27, 1841. 

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

represented in the General Assembly. That the Fund commis- „ i ^ , 
• • 1 1 I . I , 11 r II .1 . . -rund Cona'r 

sioner is hereby authorized to take charge oi all that part oi totakechar^e 

the Northern Cross railroad, situate between Springfield and ol road 
the Illinois river. Before any part of said road shall be put 
under contract, public notice shall be given in at least 
two public newspapers printed in this State, of the time, 
place, and terms of letting out the contract, and the same 
shall be given to the lowest responsible bidder. 

Sec. 2. All the profits arising from said road are hereby 
appropriated and set apart to pay the interest on the one hun- Disposition of 
dred thousand dollars of State bonds authorized to be applied profits 
by the Fund commissioner towards the completion of so 
much of said road as lies between Jacksonville and Spring- 
field, and the remainder, if an}', shall be appropriated as may 
be directed by law. 

Approved,) February 27, 1841. 



An ACT to provide for the construction of a railroad from La Salle to 

Dixon. 

In force reb. 

Sec. 1 . Be it enacted by the People of the State of Illinois^ ' 
represented in the General Assembly,, That all persons who 
shall become stockholders pursuant to this act, shall be, and 
they are hereby constituted a body politic and corporate for 
the term of fifty years, by the name of the "Illinois and Rock Name & style 
River Railroad company," for the purpose of constructing 
and maintaining a railroad between the village of La Salle, 
in the county of La Salle, and the village of Dixon, in the 
county of Lee, terminating at such points on Rock river, the ^0^""°" 
Illinois river, or on the Illinois and Michigan canal, and to be 
on such route between said points as the majority of the di- 
rectors of said company shall determine to be best adapted 
to the public accommodation, and take, transport, carry and 
convey property and persons upon the same, by the power 
and force of steam, of animals, or any mechanical power, or 
any combination of them. 

Sec. 2. If the said corporation shall not within one year 
from the passage of this act commence the construction of 



200 



RAILROADS. 



mence 
complete 



open books. 



Time to com- said railroad, and shall not within five years from the pas- 
an g^gg Qj ^j^jg ^^^ finish the said railroad nnd put the same in 
operation, then the said corporation shull thenceforth forever 
cease, and this act shall he null and void. 

Capital stock Sec. 3. The capital stock of said corporation shall be five 
hundred thousand dollars, which sh.ill be divided into shares 

Shares deem- of fifty dollars each, which shares shall be deemed personal 

ed persona] property, and be transferred in such manner as the said 

property corporation shall in its by-laws direct. 

Sec. 4. Horatio Ncwhall, of Jo Daviess county, Michael 
Kennedy, of La Salle county, William Wilkinson of Lee 
county, and Oliver Everett, of Lee county, shall be commis- 

Comr's to gioners whose duty it shall be within six months after the 
passage of this act, at some su'table place in the villages of 
La Salle and Dixon, and in such other places as they or a 
majority of them shall direct, to open books to receive sub- 
scriptions to the capital stock o[ the snid corporation, and 
thirty days' public notice shall be given by the said commis- 
sioners of the time and place of the opening of such books, 
in one of the public newspapers in either of the said villages, 
and in the State paper; and the said commissioners shall at 
the time of any subscription require the payment to them, of 
the person or persons subscribing, two dollars and fifty cents 
per share subscribed, and unless the same shall be paid the 
subscription shall be invalid; and in case a greater amount in 
the whole shall be subscribed than five hundred thousand 
dollars, the said commissioners shall distribute the stock in 
such manner as the majority of them shall deem most advan- 
tageous to the public interest; but in case the capital stock 
of said corporation shall not be subscribed, then the said 
commissioners shall be authorized to re-opcn the said books 
at such other times and places, and in §uch manner, and after 
such notice as they or a majority of them shall direct; and 
whenever the said capital stock shall have been subscribed 
and distribution made as aforesaid, or as soon thereafter as 
practicable, it shall be the duty of said commissioners to give 
thirty days' notice in some public newspaper or newspapers 
for a meeting of the stockholders at such time and place as 
the said commissioners or a majority of them shall appoint, to 
choose five directors, and such election shall be then and 
there made by such of the stockholders as shall attend for 
that purpose, either in person or by lawful proxy; each share 

Inspectors of of the capital Stock entitling a stockholder to one vote, and 

first elecnoD. ^^j, gj^jj commissioners shall be inspectors of the first election 
of directors oj the said corporation, and shall certify under 
their hands, the names of those persons duly elected, and de- 
liver over the subscription money and books to the said di- 
rectors, and the time and place of holding the first meeting 
of the directors shall be fixed by the said commissioners, 
of Sec. 5. The directors are hereby authorized to make or 
cause to be made such examinations and surveys on the 



Distribution 
of stock 



Notice. 



Surveys 
route 



RAILROADS. 



SOI 



aforesaid railroad route as they shall deem necessary and 
proper for the purpose of carrying into eflfect the object of 
said corporation; and they are hereby authorized to enter 
upon and take possession of, and use and take possession of May take 
all such lands as may be deemed necessary for the construe- lands 
lion and maintenance of said railroad, and may also hold 
and take all voluntary grants and donations of land to aid in 
the construction and maintenance and accommodation of 
their said railroad; and all lands entered upon and taken for 
the use of the said corporation, which are not donated to said Ljm^g taken 
corporation, shall be paid for by the said corporation, at such how paid for 
price as may be mutually agreed upon by said corporation 
and the owner or owners of such land; and in case of disa- 
greement, the price shall be estimated, fixed and recovered 
in the manner provided by the law for the recovery of dama- 
ges happening by the laying out of highwayj:. 

Sec. 6. Said corporation shall have a right to sue and be co„(,pate 
sued in their corporate capacity, and to enact such by-laws, powers, 
rules and regulations for the management of the affairs of 
the company as are not inconsistent with the laws of the 
State. 

Sec. 7. It shall be lawful for said company to take pos- May take rail 
session of such road, or parts of said railroad, as have been roads belong- 
heretofore constructed, and the materials belonging thereto, >°g to State 
for the said construction, and now the property of the State, 
and apply them in the construction of the railroad by the 
said company: Provided^ That it shall not l)e lawful for said Proviso, 
company to possess itself of any portion of the property or 
works of the State until all the improvements made by the 
State, the right of way, and all materials shall have been 
valued by some competent engineer at a fair cost value, and 
such amount shall be considered as so much stock owned by 
the State, and the State shall be entitled to receive her pro- 
per proportion ot the nett proceeds arising from said railroad 
when completed, as the relative accounts of the Stale and 
said company shall have to each other: Provided, also ^ That Further pro- 
if said company shall prefer it they may take the States' por-"®**' 
tion of the stock at such valuation, payable at the option of 
the company at any time within fifty years, they paying five 
per cent, interest thereon after the period of ten years; inter- 
est to be paid annually, and the State holding a lien on said 
work as a security for its ultimate payment. 

Sec. 8. The State of Illinois hereby agrees to furnish the State to fur- 
said company with the necessary railroad iron for a single T'®*^ railroad 
track and such turnouts as the directors may think advisable; 
said iron is to be of such description as the State has now on 
hand. 

Sec. 9. And in consideration to the Stale for said railroad 
iron, the company binds itself to pay to the State the cost of ^ j^r iron ° 
said iron and such charges as may accrue, in twenty annual 
instalments, with six per cent, interest from the time said 



!0l: 

202 RAILROADS. 

Yearly inter- company shall receive said railroad iron, and the said compa- 
ny shall pay, or cause to be paid, said interest and instal- 
ments into the treasury of this State. 
Private pro- ^^^* ^^' And it shall be the duty of the directors of said 
perty held res- company to set apart a sufficient amount of its funds or rev- 
ponsible enue to pay the yearly interest and instalment due the State 
for railroad iron as heretofore expressed in section nine. 
Any failure on the part of the directors to comply with this 
section, their private property and that of the stockholders 
in said company shall be liable to the State for the amount. 
Capital stock ^^^* ^^' The capital stock of said company that is paid in 
to be taxed shall be taxed for county and State purposes, as other per- 
sonal property of this State. 
Persons iniu- ^^^* ^'^' I'^any person shall wilfully, maliciously or wan- 
ring road how tonly, and contrary to law, obstruct the passage of any car on 
punished said railroad, or on any point thereof, or any thing belonging 
thereto, he, she or they, or any person assisting, shall forfeit 
and pay to the said company for every such offence, treble 
such damages as shall be proved before any court competent 
to try the same, to be sued for in the name and behalf of 
said company, and such offenders shall be deemed guilty of a 
misdemeanor, and liable to indictment in the same manner 
as other indictments are found, in any county or counties 
where such ofJence shall have been committed, and upon con- 
viction, such offender shall be liable to a fine not exceeding five 
thousand dollars for the use of such county where such in- 
dictment may be found, o; may be imprisoned not exceeding 
five years, at the discretion of the court before whom the 
conviction may be had. 
Tolls Sec. 13. It shall be lawful for the company hereby incor- 

porated, from time to time, to fix, regulate and recover the 
tolls and charges by them to be received for transportation 
of property or persons on the railroad aforesaid, hereby 
authorized to be constructed, erected, built, made and used, 
and to apply its surplus funds to such purposes as the com- 
pany may think proper. 
Stock how ^^'^' ^'^' ^^ shall be lawful for the directors to require 
paid in payment of the sums to be subscribed to the capital stock, at 

such times, and in such proportions, and on such conditions as 
they shall see fit, under the penalty of the forfeiture of all pre- 
vious payments thereon, and shall give notice of the pay- 
ments thus required, and of the place where and the time 
when the same are to be paid, at least thirty days previous 
to the payment of the same, in two public newspapers in the 
State. 

Sec. 15. Any person or persons, agent or officer of said 
Persons em- j.j^j|j,Qg^^j company hereby incorporated, who shall apply or 
punished "se any of the funds or property belonging to the said com- 
pany, or any railroad iron or other property that may be 
^ hereafter received from the State of Illinois, for the construc- 

tion of said road by said company, to his or their individual 



# RAILROADS. '20^ 

purposes, shall on conviction of such offence be fined to twice 
the amount of such embezzlement, and imprisoned in the 
penitentiary of this State, at the discretion of the court hav- 
ing cognizance of such offence, for not less than two or ex- 
ceeding ten years. 
Sec. 16. For the purpose of facilitating the construction ""?'' ."'' «"^- 

»., ., , iji 1 1-11 1. scnption may 

oi said railroad, as contemplated and authorized by this act, be received in 

said company is hereby authorized to receive in payment one bonds and 
half of the subscription to the capital stock in bonds and "ortgagea 
mortgages, bearing seven per cent, interest annually, on un- 
incumbered real estate in the State of Illinois, at one h?H of 
its appraised value, which value shall be ascertained by 
three disinterested and sworn appraisars, who shall be ap- 
pointed by the judge of the circuit court in the district 
where such lands may lie. Said company is authorized to 
obtain a sum of money or monies, on the issue of its bonds or 
other evidences of debt, to twice the amount of its capital 
stock paid in, in money, bonds and mortgages, and to pledge 
all its property, real and personal for the payment thereof, individual 

Sec. 17. The individual property of the president, direc- property lia- 
tors and stockholders, shall be, and is hereby made liable ^'® 
for all contracts or liabilities of tfie company for the construc- 
tion of the railroad herein contemplated, in proportion to the 
amount of stock held by each person respectively. 

Sec. 18. The foregoing charter is granted upon the ex- ^.^f^^^ 9°°" 
press condition that in consideration of the States relinquish- jg^ 
ing to the company formed in accordance with this act, the 
whole of the materials of every description owned by the 
State along the present line of said road, procured for the 
purpose of constructing the railroad, and for relinquishing to 
said company all the privileges of right of way, work already 
done on said railroad line, and for the use of a sufficient quan- 
tity of land in the town of La Salle belonging to the State, 
for a depot not exceeding two acres. The State reserves the yj^l^g^ ^' * 
right to purchase of said company the railroad constructed 
under this act, at any time twenty years after the completion 
of said railroad, by paying to said company the subsequent 
cost for completing said road, with six per cent, interest on g 
said cost, from the time the expenditures shall take place, if purchase rait 
the Legislature of this State shall at the expiration of twenty road 
years, or at any time thereafter, from the completion of said 
railroad, make provisions by law for the repayment to said 
company of the amount of money expended by them in the 
construction of said railroad, together with all monies ex- 
pended by them for permanent fixtures for the use of said 
railroad, with interest at the rate of six per centum per an- 
num, then said railroad, with all fixtures and appurtenances, 
shall vest in and become the property of the people of this 
State. 

Sec. 19. It shall be the duty of the president of said com- 
pany and at least two of the directors, to make out under 



204 



RECORDS. 



^""ement to oath a yearly statement of all monies actually expended in the 
construction of said road and for permanent fixtures, and 
cause said statement to be filed In the Auditor's office of this 
State. 
Annual ex- Sec. 20. The Slate further reserves the right, that in 
penditure case the company does not progress in good faith to prosecute 
(o completion said railroad within five years, and expend at 
least ten thousand dollars within twelve months from and 
after said company shall he organized, and at least ten thou- 
sand dollars in the construction of s;nd road within each 
twelve months thereafter, then, and in that case, the said rail- 
road, and all parts and portions of the same which may be 
now completed, in whole or in part, by said company, with all 
the material, property, or work done, with every valuable 
effects whatsoever, now belonging to and procured for the 
J,. purpose of constructing said road by the State, and which is 

be forfeited granted to said company, and all the improvements, and ma- 
terial, and other valuable effi;cts whatsoever, subsequently 
furnished by said company, shall revert and become again the 
property of the State; and sill rights and privileges herein 
granted to the said company shall become void, and the 
charter forfeited; but if said company does complete said 

Company p^,^j according to the provisions of this bill, then all the in- 
completing ^ ^ =" -l-l;- 1 !/•! 

road to hold terest, property, material, right of way and ground for do- 
Bame pots, and every privilege herein granted to said company, 

shall be vested in and ever afterwards become the property 
of said company. Said completion to be ascertained by a 
repdrt of some competent engineer, made under oath to the 
Governor, which report shall be filed by him in the Auditor's 
office of this State. 

!Sec. "21. This act to be in force from its passage, and to 
be deemed a public act. 

Approved, February 27, 1841. 



An ACT for the transcribing certain records in Tazewell County. 
In force Feb . 
18, 1841. Sec. 1. Be il enacted by the People of the State of Illinois, 

represented in ihi General Assembly, That the recorder of the 
Records to be county of Tazewell, be, and he is hereby directed, to trans- 
transcribed cribe in a well bound and suitable book, the deeds, mort- 
gages, and other instruments in writing, recorded in racords 
of said county, marked A. B. C. and D., and that he prefix a 
full index thereto, both in the names of grantors and gran- 
tees. 
Compensa- Sec. 2. That the county commissioners' court in and for 

''o«» said county of Tazewell, pay to said recorder for the servi- 

ces provided for in the foregoing section, a reasonable com- 
pensation. 

Approved, February 18, 1841. 



RECORDS. 205 

An ACT concerning the records of Madison County. 

In force, Feb. 

Sec. 1. Beit enacttd by the People of the State of Illinois^ '^^i 1^*41. 
represented in the General Assemblt^, That it shall be hiwlul lor 
the coLiniycommissioners'courtof any (ounty in which any of pa,ent8 and 
the military bounty lands in ihisState are situated, to procure to deeds 
be copied into a well bound book or books, at the expense of 
such county, all deeds, patents, bonds, leases, or other wri- 
tings for the conveyance of, or relating to lands lying in such 
county, and which deeds, patents, bonds, leases, or other wri- 
tings were recorded in the county of Madison previous to the 
organization of any county north of the Illinois river; such 
copies to be placed in the recorder's office of the county pro- 
curing the same. 

Sec. 2. The person or persons employed by the county Certified co- 
applying foi' sucli copies, shall have access to the books in pies 
the recorder's office of Madison county, for the purpose of 
making such copies; and the recorder of Madison county 
ehall carefully compare such copies with the records in his 
office, and if he finds them to be correct, he shall make a 
certificate to that efiect under his hand and seal of office at 
the end of each volume of such copies. 

Sec. 3. At the end of the copy of each deed or other ]\}o,e of record 
writing copied as aforesaid, the person copyirg the same 
shall note the volume and page of the record from which it 
is copiid. 

Sec. 4. For his services in comparing such copies, the re- Pay of reco^- 
corder of Madison county shall be entitled to compensation, der 
at the rate of twelve and a hall cents for each deed, or other 
writing so compared by him, to be paid by the coanty apply- 
ing for such copies. 

Sec. 5. All copies made, compared, and certified as afore- Cupies ahaU 
said, and all transcripts of such copies, certified under the be evidence 
hand and official seal ol the recorder, in whose office such co- 
pies shall be kept, shall be received and taken as evidence of 
the facts set forth therein, in all courts of justice, and other 
places in this State, ia as lull and ample a manner as the re- 
cords from which they shall be taken: Provided, however, Proviso, 
That if any discrepancy or variance shall be found to exist 
between said copies and the records of Madison county, then 
a copy from the lecordsin said county of Madison, certified 
by the I'ecorder thereof to be correct, and to have been exa- 
mined with reference to such variance, shall be received as 
the proper evidence. 

Sec. 6. This act shall not be so construed as to change Laws not ef- 
or ellect the existing laws of this State, in relation to the ad-fected 
mission of the copies of deeds or other writings as evidence, 
but the same rules of evidence, as to the production of the 
original deeds or writings, shall obtain as now provided on 
that subject. 

Sec 7. All acts and parts of acts heretofore passed for 



206 RELIEF. 

Acts repealed the copying of the records of Madison county, and for the 
removal of said records from Madison county, are hereby 
repealed. This act to take effect from and after its passage. 

Approved^ February 27, 1841. 



An ACT for the relief of the inhabitants of town thirty-three north, of 
In force, Dec. ransre three east, of the third principal meridian, 

14, 1840. ^ ' ' ■ 

Sec. 1. Beit enacted by the People of the State of Illinois^ 
represented in the General Assembly^ That it shall be the 
duty of the school commissioner and agent for the inhabit- 
Dutyof com'r ^^^^ ^^ j^g^ Salle couniy, to receive from the treasurer of the 
trustees of schools in township thirty-three north, of range 
three east, the schedules of schools kept in said township 
for the year one thousand eight hundred and thirty-nine, and 
said commissioner shall pay their proportionable purt that 
would have been due them, provided they had been present- 
ed according to law. 

Approved, [^December] 14, 1840. 



An ACT making compensation to the persons therein named. 

In force Jan. 

7,1841. Sec. 1. Be it enacted by the People of the State of Illinois ^ 

represented in the General Assembly, I'hat the Auditor shall 
issue his warrant in favor of William Mitchell, a witness, 
summoned by the House of Representatives at this session of 

Appropria- the General Assembly to testify in the case of the contested 

^."jj^^jj^"** election in Peoria county, for the sum of two dollars and fifty 
cents for each day such witness was compelled to attend, and 
three dollars for every twenty miles necessary travel to and 
from the seat of Government, the said witness being sworn 
before some qualified person of the number of days he has 
been in attendance, and the number of miles necessary tra- 

To messenger vel to and from the seat of Government, and also a like com- 
pensation to the messenger despatched with the subpoena to, 
the said William Mitchell, upon his making a similar oath. .^ 

Approved, January 7, 1841. 



An ACT to change the name of a person therein named. . ■; 

In force Jan. j 

96, 1841. gj.^^ Y. Be it enacted by the People of the State of Blinois, 

represented in the General Assembly, That the name of 
Change of Mary E. Brown, of Morgan county, be, and the same is here- 
by changed to that of Mary E. Stribling. 

Approved, January 26, 1841. 



name 



RELIEF. 207 

An ACT making compensation to John L. HefRngton and others, for the 

apprehension of Aaron and William Todd. j„ force Feb. 

17, 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Auditor of pub-Duty of Audi- 
lie accounts be, and he is hereby authorized and required to """' 
issue his warrant on the treasury in favor of John L. Heffing- 
ton, Joseph Reynolds, James Clack, and Reuben Alderson, for 
the sum of one hundred dollars each, for the apprehension of 
Aaron and William Todd, in the Stale of Indiana, and con^ 
veying them to the jail of Macoupin county for the murder of 
Larkin Scott. Approved, February 17, 1841. 



Ad act to amend an act, entitled "An act for the relief of Charles J. 

Weed," approved, January 27, 1837. In force, Feb, 

' ^*^ ^ 17,1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the further time of Further time 
one year from the passage of this act is hereby granted and ^^jjj „,j||. 
extended to the said Charles J. Weed, his heirs and assigns dam. 
for the erection and completion of the mill-dam, which he is 
authorized to erect, and continue by the act to which this is 
an amendment, any thing in the first proviso to said act to 
the contrary notwithstandmg. This act to be in force from and 
after its passage. Approved, February 17, 1^41. 



Ah ACT for the relief of the Sheriff of Schuyler county. _ , _ , 

■' •' In force, Feb. 

Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the Geaeral Assembly, That John G. McHatton,(;;o]]ec(Qj to 
collector of Schuyler, be allowed until the first day of April, settle with co. 
A. D., one thousand eight hundred and forty-one, to settle as 
collector for said county; and it is hereby made the duty of 
the county commissioners of said county to settle with said 
collector, with the least possible delay and by the time above 
specified. 

Sec. 2. That if said collector shall well and truly pay over, ^^ ^^^^ ^^-^_ 
both to the State and county, the amount of indebtedness as lector pays, 
collector, by the time specified in the first section, the Gover-^^ov- ^°^°^- 
nor be, and he is hereby authorized to commission said Mc- ^"^ ^^ ^ *" ' 
Hatton as sheriff of Schuyler county. 

Approved, February 18, 1841. 



An ACT for the relief of William S. Crawford. In force, Feb. 

19, 1841. 

Sec. 1. Be it enacted by the People of the Stale of Illinois, Co. com. may- 
represented in the General Assembly, That the county commis- ^xempt W. S, 
sioners' court of Franklin county, are hereby authorized, if from payment 



208 RELIEF. 

they shall deem proper, to exempt William S. Crawford from 
the payment of the sum of eighty-two dollars, of the tax of 
the year one thousand eight hundred and thirty-eight, due to 
said county of Franklin, and from the payment of any inter- 
est or penalty which he may have incurred by omitting to pay 
the said sum of eighty-two dollars. 

Approved^ February 19, 1841. 



Penalties. 



In force Feb. -^° ^^"^ '°'' *^® relief of J. D. Morrison. 

20, 1841. 

Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly^ That so soon as James 
D. Morrison, late collector of the county of Pike, shall well 
and truly pay into the State treasury, all moneys legally due 
from him to the State, as such collector, then, and in such 
case, the penalties for his neglect, as such collector, shall cease 
Proviso. and be of no effect; Provided however, The said Morrison 
shall pay into the State treasury the said moneys on or before 
the first Monday of the month of May next. 

Approrced, February 20, 1841. 



la force Feb. •^° ACT for the relief of the Collector of Pope countj. 

23, 1841. 

Whereas, It appears that no assessor was appointed by the 
Preamble. county court of Pope county at the March term of one 

thousand eight hundred and thirty-nine, as the law directs, 
and the assessor afterwards appointed did not put the books 
of assessment into the hands of the collector until the De- 
cember term of said court: And whereas. The said collector 
failing for the want of time to travel over the counties of 
Pope and Hardin, has paid over all but the sum of thirty 
dollars, which it is shown could not be collected on account 
of insolvency or removal ; Therefore, 

Sec. 1. Be it enacted by the People of the State of Illinois, 
Collector re- represented in the General Assembly^ That William G. W. 
leased. Fitch, collector of the revenue of Pope county, be, and he 

is hereby released from the payment ot" the balance of reve- 
nue for the year of one thousand eight hundred and thirty- 
nine, amounting to the sum of thirty dollars. 

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

Approved, February 23, 1841. 



In f r V h ^^ ACT for the benefit of the persons therein named. 

23,1841. 

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

rk . e ^represented in the General Assembly, That the canal com- 
Dutyof canal i . . u .u • j j • i ^ i. 

oom'<tB missioners arc hereby authorized and required to grant a cer- 



RELIEF. 209 

tificate of purchase of lot number seven, in block number 
twelve, in the town of Ottawa, to Henry Dagget, John iShu- 
ler, Edward VV. Curiis, and Lucius P. Sai^ger, as assignees of 
Conrad Sebaugh, upon condition that they pay to the treas- 
urer of said canal board all moneys due from said tSebaugh for 
said lot, on or before the fourth day of July, one thousand 
eight hundred and forty-two. 

Sec. 2. Upon the production oi said certificate to thcPatem to be 
Governor, he is hereby authorized to execute a patent for said issued. 
lot to the above named Dagget, Shuler, Curtis, and Sanger, 
as assignees of said Sebaugh. 

Approved^ February 23, 1841. 



An ACT for the relief of the securitiea of Amos Mernott. j^^ force Feb 

Sec. 1. Be. it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Horatio N. Belt, and Securities r«- 
James H. Perry, be, and they are hereby released from the leased, 
judgment rmdered on the i-ecognizance which they entered 
into for the appearance of Amos Mernott, on an indictment 
against him for adultery, in the Greene circuit court, and that 
this law shall be a sutficient discharge of the judgment or ex- 
ecution (if any such has issued:) Provided, The said Belt and p^.^^ 
Perry pay the costs adjudged in said cause. This act to take 
effect from and after its passage. 

Approved, February, 24, 1S4I. 



An ACT for the benefit of John W, Evans. 

In force, Feb. 

Whereas, Letters testamentary were granted to John W. " ' 
Evans by the probate justice of the peace of Jo Daviess ^'■*'*°"^'^ 
county, in the State of Illinois, on the estate of James 
Evans, late of said county, deceased; And whereas, The 
said John W. Evans tendered his resignation, in writing, 
of the said letters testamentary to the said probate justice 
of the peace of the county aforesaid, and said resignation 
was accepted by him, and filed in his office; Jlnd whereas. 
Letters of administration de bonis nan were granted to R. 
W. Brush, of said councy, on the estate of the said James 
Evans, deceased, by the probate justice of the peace afore- 
said; Therefore, 

Sec. L Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the granting of let- Letters of ad- 
ters of administration de bonis non to R. W. Brush, of the ministration 
estate of James Evans, late of the county of Jo Daviess, de-S'*"***^- 
ceased, by the probate justice of the peace of said county, is 
hereby declared to be a revocation of the letters testamenta- 
14 



21ft RELIEF. 

ry granted to John W. Evans, of the estate of James Evans, 
late of said county, deceased, by ihe probate justice of the* 
peace aforesaid. 
Resignation ^EC. 2. That when any administrator shall resign his 
of adm'r. office in writing, and such resignation shall be accepted by 
the probate justice of the peace, then the said probate justice 
of the peace shall have the power to appoint another admin- 
Proviso, istrator; Provided^ Such resignation shall not be construed to 
exonerate any administrator from any liability incurred as ad- 
ministrator. Approved, February 24, 1841. 



An ACT for the relief of the sheriff of Greene county. 
lu force, Feb. 

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

C»m'rs. may ^^P^^^^'^^^^ in the General Assembly, I'hat the county corn- 
allow * sheriff missioners of Greene county may allow the sheriff' of said 
for ex-oflScio (.Qyjj^y^ ioY ex-officio services, any sum not exceeding one hun- 
services. ^^^^ dollars, and the sherift' of said county shall be entitled 
to one office in the court house in said county free of charge, 
any law to the contrary notwithstanding. 

Approved, February 24, 1841. 



In force, Feb 
26, 1841. 



An ACT for the benefit of the inhahitants of town nine south, range eight 
east, in Gallatin county. 



Sec. 1. Be it enacted by the People of the State of Illinois ^ 
represented in the General Assembly, That it shall be the duty 
of the Governor to issue a patent in favor of the inhabitants 

patent" "^"^ "^ township nine south, range eight east, for the following de- 
scribed premises, to-wit: south half north-west quarter, the 
south-west quarter, and the south half of the south-east quar- 
ter of section eleven, township nine south, range eight cast; 
which said lands were selected under and by virtue of an act 
of the legislature entitled "An act concerning Equality town- 
ship in Gallatin county," approved, February }welve, one thou- 
sand eight hundred and thirty-five, and for which no deed has 
yet been issued by the Governor. 

„ f h 1 ^^'^' ^' It may be lawful for the school trustees of the be. 

trustees^ for^ mentioned township, to select any lands not sold in the 
Gallatin saline reserve, sufficient to make up the sum of six 
hundred and forty acres, belonging to the said township un- 
der the act referred to, and when the said trustees shall have 
made such selection, they shall make out a report of their pro- 
ceedings, and after having sworn to the same before some 
competent officer, they shall cause the same without delay to 
be tiled in the office of the Auditor of public accounts, for 
which patents shall also be issued by the Governor to the said 



RELIEF. 311 



township for the same; Provided, That the lands authorized Proviso. 
to be selected by this act, shall not consist of any part of the 
reservation made under the act of one thousand eight hundred 
and thirty-six, for the manufactory of salt at the Gallatin sa- 
line, nor embrace the salt wells. 

Approved^ February 26, 1841. 



1^ 



An ACT to change the names of certain persons. Iq force Feb 

26. 1841. 
Sec. 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly^ That the name of Catha- Names of per- 
rine Marshall, of the county of Morgan, be, and the same jg s°°a c'^angeA 
hereby changed to that of Catharine Van Wagener. The 
name of Adelia A. Scott, is hereby changed to thatof Adelia 
A. Trumble. Approved, February 26, 1841. 



An ACT for the relief of the late Collector of Fulton county. ^ . _ . 

•' Id force, Feb. 

26, 1841. 

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

represented in the General Assembly, That Cannah Jones, late Taxes collec- 
collectorin and for the county of Fulton, and State of Illinois, ted. 
is hereby authorized and empowered to collect all taxes and 
assessments remaining due, and unpaid on lands and town 
lots for the year one thousand eight hundred and thirty-nine, 
in said county of Fulton. 

Sec 2. The said collector, in order to collect said taxes Lauds may be 
and assessments, may sell, at the next regular time of selling sold, 
lands for taxes in and for said county of Fulton, all lands and 
town lots on which taxes remain due and unpaid for the year 
one thousand eight hundred and thirty-nine; Provided, Said 
sale shall be had, public notice of the time and place of sale, 
judgments obtained and in all respects conducted as now re- 
quired by the laws of this State. This act to be in force from 
and after its passage. 

Approved, February 26, 1841. 



An ACT for the relief of Nathan Lowe and others. 



In force, Feb. 
26, 1841. 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the fine of twenty-five 
dollars imposed on Nathan Lowe, of Shelby county, at the ^'°® '^°""^*** 
October term of one thousand eight hundred and forty, of 
the circuit court, of the said county of Shelby, for firing the 
prairie, be, and the same is hereby remitted. 

Sec 2. That the fine adjudged against Peyton Brown of Fine remitted. 



212 



RELIEF* 



the county of Perry for the crime of firing prairies, be, and 
the same is hereby remi'ted. 

Approved^ February, 26, 1841. 



In force Feb ^^ ACT for the benefit of the persons therein named. 

27, 1841. 

Sec. 1. Be it enacted by the People of the Stat'-! of Illinois ^ 

^ , , represented in the General Assembly. That the board of com- 
Duty of canal ^ . /. ,, .,,• • j \.' i • i i, j *u 

com'rs. niissioners oi the llhnois and iMichigan canal, be, and they 

are hereby authorized lo settle with James W. Eagan, Joseph 
Oiis Glover, and Jrimiis W. Roberts, for work done by them 
on sections number one hundred and sixty-three, (lb3) and 
one hundred and sixty-four, (164) of said canal; and to pay to 
them or their legal representatives, the full value of all such 
work, including the per centage, if any, retained by said com- 
missioners in pursuance of the laws of this iState relating to 
the construction of said canal. 
Suit at plain- Sec 2. That James W. Piagan, Joseph Otis Glover, and 
riff'9 cost. James W. Roberts, shall dismiss the suit commenced by them 
in the La Salle circuit court, against the board of commis- 
sioners of the Illinois and Michigan canal, and shall pay all 
costs by the State expended in said suit. 
Obstructions Sec. 3. The commissioners of the Illinois and Michigan 
to be removed canal are hereby authorized to cause any obstructions to be 
removed from any of the canal lands, whether said obstruc- 
tions be by dam or otherwise, il, in their opinion the interest 
of the State require the same lo be done. 

Approved^ February 27, 1841. 



In force Feb ^° ACT for the relief of the creditors of the late William Wernwag:. 
27, 1841. 

Sec 1. Be it cnnrled by the People of the State of Illinois^ 
Duty of CO. represented in the General Assembly, That the county com- 
<^"'''* missioners' court of Sangamon county are hereby authorized 

and required to order to be paid out of the treasury of said 
county to each of the creditors of the late William Wernwag, 
such sum as may be due him, her, or them, from the said Wern- 
wag, upon the following conditions, to wit: First. Each' 
creditor of said Wernwag, who may wish to avail himself of 
the benefit of this act, shall institute a suit in the Sangamon 
circuit court against the county of Sangamon, and the process 
in such case shall be served on each of the county commis- 
sioners of said county for the lime being. Second, On the 
trial of each such case, the plaintiff shall prove the indebted- 
ness of said Wernwag to him, her, or them, for work and la- 
bor done, or materials furnished, or both, or for, or about the 
'■ building or contemplated building of the Sangamon bridge. 

Third, That such plaintiff be required to prove that he, she, 



REVENUE. 213 

t)r they, wa^ induced to give credit for such indebtedness to 
the said Wernwag by the county commissioners' court of said 
Sangam.)n county, or by a majority of the members of said 
court. 

Sec. 2. The members of the said county commissioners' Who may be 
court at the time being, and all persons who have been rnem- "'^'"^^ses. 
bers of said court, shall be competent witnesses for either 
parly, on the trials of all such cases; Provided, Tiiat noth- Proviso, 
ing herein shall be construed to exclude other competent 
witnesses. 

Sfc. 3. The same rules of proceedings shall be observed judgments, 
on such trials as in other cases, and if the plaintiff shall re- how paid. 
cover judgment, the county commissioners shall order the peiy- 
mant of the same as directed in the first section of this act. 

Sec. 4. Said county commissioners are required to take Co. court to 
all proper steps for the m lUing a full defence on the part of™'^*'^'^®^®"^®- 
the county in all such trials. 

Approved, February 27, 1841. 



An ACT concerning the revenue in Bond county. ^"-'^'^lo'df ^^' 

Sec. I. Be it enacted by the People, of the State of Illinois, -^ ^j 

represented in the General Assembly, That it shall be the duty com'rs. 
of the county comaiissioners of Bond county, and they are 
hereby required to pay over to the treasurer of the State of 
Illinois, the sum of seven hundred dollars, one half in six and 
the other half in twelve months from the passage of this act, 
which sum when paid shall be in full for the taxes due the 
State, from the said county, for the year one thousand eight 
hundred and thirty-nine. 

Sko. 2. The county commissioners of said county, are How paid, 
hereby authorized to pay the above sum out of the fund dona- 
ted to said county by an act, entitled "An act to establish and 
maintain a general system of internal improvement," any law 
to the contrary notwithstanding. 

Approved, February 17, 1841. 



An ACT In relation to incorporated towns and cities in this State. , , _ . 

^ In force Feb, 

23 1841 

Sec. 1. Be it ennc'ed bi/ tJw People of the State of Illinois, 

vepresenle.d in the General Assembly, That so much of any Law repealed. 

law ot this State incorporating any town or city in this State, 

which exempts any of the real or personal property situated in 

said town or city, from paying a county or State tax, be, and 

the same is hereby repealed. And hereafter all incorporated 

cities and towns in this State shall pay a State and county tax 



!^4 ' RIGHT OF WAY. 

on all the property, real and personal situated in such towns 
and cities; and also, that any part of said acts, which requires 
a property or tax qualification, either for the eligibility of 
the officers, or for the voters, be, and the same is hereby re- 
Proviso, pealed; Provided, That such towns and cities as shall or may 
be exempted from the payment of a county tax, in consider- 
ation of the support of the paupers therein, be, and they are 
hereby excepted from the operation of this act so far as the 
same effects county taxes. 

Approved, February 23, 1841. 



An ACT to prevent any assessment of damages in consequence of the lo- 
cation of railroads where ihe Ian;! has not been actually used for the 
oo ^oji construction of said railroads. 

■id, ]o41. 

Sec. 1. Be it enacted by the People of ihe State of Illinois, 
represented in the General Assembly, That so much of any act 

Part ofactre-Qj. j^(,^g^ heretofore passed by the General Assembly of this 
State, as authorizes any circuit court, or any justice of the 
peace and appraisers to inquire into and assess damages in fa- 
vor of individuals or corpoiations, in consequence of the sur- 

5^ vey or location of any railroad or other road over the land of 

individuals or corporations, except where such land has actu- 
ally been used, and the railroad or other roads constructed, 
be, and the same is hereby repealed. That the act, entitled 
"An act to amend the law in relation to change of venue,'^ 
approved, February first, one thousand eight hundred and 
forty, be, and the same is hereby repealed. This act to take 
effect from and after its passage. 

Approved, February 23, 1841. 



An ACT to authorize James P. Morris to remove obstructions in Cahokia 

Id force Feb. ^'^^^'^• 

25, 1841. 

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

Obstructions ^7""^^^^^^^ ^'^ ^^'■^ General Assembly, That James P. Morris, 

may be remo- ^^ ^he county of St. Clair, is hereby authorized to remove 

ved. any drift wood or trees in or lying across the Cahokia creek 

from said Morris' mills to the mouth of said creek, when the 

same obviously obstructs the free passage of the water of said 

creek in its course to the Mississippi. 

Approved, February 25, 1841. 



HIVERS AND CREEKS. 



316 



An ACT to improve the navigation of the Kaskaskia river. , force Feb 

' 27, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, Tha.t James T. B. Stapp, Body politic. 
James Black, Robert T. Edmonson, Zela F. Watw^ood, Sime- 
on Bishop, John P. Rigdon, James Hankins, Harvey Lee, Sr. 
and John Hayley, of Fayette count_y; Sidney Breese, John 
Scott, Fianklin Harvey, John M. Webster, and Zopher Case, 
of Clinton county; John D. Wood, John Phillips, Charles 
Harryman, Z. H. Vernon, John White, and Cyrus Sawyer, of 
Washington county; Aaron Land, Wm. G. Brown, Ansley 
Fike, John Griffin, of St. Clair county; and S. Jones, Samuel 
Crawford, Jacob Feaman, Miles A. Gilbert, Robert Shannon, 
James O'Hara, George Ellis, Jr. Hipolite Menard, Sr., Peter 
Menard, and Nathaniel Pope, of Randolph county, and their 
successors, shall be, and are hereby created a body politic and 
corporate by the name and style of "Tl e Kaskaskia Naviga- Name &, style 
tion Company," and by that name shall have power to sue 
and be sued, plead and be impleaded, in all courts of law and Powers, 
equity, to purchase, take, enjoy, sell and alien lands, tenements, 
hereditaments, goods, chattels, rights, credits and effects, which 
may in anywise be connected with or conducive to the pur- 
poses for which the said corporation is established, to have a 
common seal, to ordain by-laws for their own government, not 
repugnant to the laws of this State, or the United States. 

Sec. 2. The capital stock of said corporation may consist Capital stock. 
of fifty thousand dollars, to be divided into shares of twenty- 
five dollars each. 

Sec. 3. It shall not be lawful for said corporation under Shall not loan 
any pretence whatever, to discount notes or bills, or to loan '"o°«y- 
money on interest, or to exercise any ban'Ning power. But 
shall have authority through the agency of its board of direc- 
tors, to borrow any amount of money to carry into complete 
effect the object of this corporation. 

Sec. 4. The business of this corporation shall be managed Management. 
by a board of directors consisting of five members, to be cho- 
sen by the above corporators at their first meeting. A ma- 
jority of said corporators always constituting a quorum to do 
business, all vacancies to be tilled by the board of directors 
from among the stockholders, when it is not convenient for 
the members of the corporation to convene; but in all cases 
by said members when in session. 

' Sec. 5. The directors, when so chosen, shall elect one of President and 
their own body president, and another treasurer, who shall be *^^^^"'^®'"' 
required to give bond in sufficient penalty and security for 
the faithful discharge of the duties imposed on him by the 
said board of directors. 

Sec. 6. The board of directors shall have power to a p- Clerk to keep 
point a clerk to said board, who shall be required to keep °°°^'- 
proper books of accounts, in which shall be registered all the 



iuence im 
prorement 



^(6 BIVERS AND CREEKS. 

transactions of the board, and the same shall at all times be 
subject to the inspection of the members of the corporation 
and stockholders. 
Oom'r. t<» Bu- Sec. 7. The board of directors shall have power to ap- 
perintend op- point a commissioner, whose duty it shall be to superintend 
erations. ^^^^ direct operations in the improvement of said river; and 
such engineer or engineers as may be deemed necessary, and 
fix and establish the compensation of each. The compensa- 
tion or wages of all laborers to be fixed by the employer; the 
same being always subject to the supervision of the board of 
directors. The board of directors shall take bond executed 
by the commissioner in sufficient penalty and security condi- 
tioned faithfully and industriously to perform the duties re- 
quired of him. 
^'a^cc^t" com- Sec. 8. In order the more cflTectually to perfect the navi- 
gation of the said river Kaskaskia, the board of directors shall 
be required to proceed as follows, viz: The said board of direc- 
tors shall commence at the junction of the river Kaskaskia 
with the Mississippi, and advance thence progressively up 
said stream with the improvement of the same to the northern 
boundary of the county of Fayette. First. Said board shall 
cause to be removed all titnber and other obstruction, not re- 
garding sand bats which may be found in the bed of said river 
Kaskaskia, or within the banks of the same. Second. When- 
ever the banks of the said river are found to be alluvial and 
subject to cave or fall in by reason of the attrition of the 
floods or otherwise, all standing timber shall be cut down 
smooth with the surface of the ground, at least two rods back 
in a parallel line from the top of the banks of said river, and 
together with the already fallen timber or other obstruction, 
shall be removed at least twenty rods back from said river 
banks. They shall make all the necessary cuts-off from one 
intersection of the river to another as may be thought neces- 
sary to shorten ihe course or deepen the waters ot the same, 
observing the same rule in relation to the removal of timber 
and other obstructions as is required in the second clause of 
this section. And fourth. The said board shall have authori- 
ty to construct all the necessary locks, dams, and aqueducts, 
at the proper points on said river, in order to the per- 
fection of the navigation of the same. Fifth. And to 
all acts and things requisite to eflfect and carry on the pur- 
poses for which the corporation is established. And to this 
end the said board shall use and employ the capital stock and 
funds of the said corporation under such regulations as the 
by-laws may prescribe, and to bind by contracts, deeds, or oth- 
er writings, under the seal of the corporation and the hand of 
the president, all the property and estate, common stock and 
joint funds of the corporation aforesaid; but not the persons 
or separate property of themselves or any of the stockholders. 
The board of directors is vested with power to make by-laws 
for the government of said corporation, and for the regulation 



RIVERS AND CREEKS. 



217 



of the business and concerns thereof; to revise, repeal, and By-laws, 
amend the same; subject always to the control of the mem- 
bers of this corporation, when in meeting; Provided, Such 
by-laws are not in conflict with the Constitution and laws of 
this State or the United States. 

Sec. 9. Meetings of the members nf this corpoiation shall Meetings of 
be had at all times on the call of any five of said members ™®'"''^'"^* 
by giving ten days' notice thereof. The first meeting shall 
be held at Carlyle, in the county of Clinton, on the fourth day 
of July, one thousand eight hundred and forty-one, or sooner 
or later, as may be agreed "Upon by a majority of the mem- 
bers of said corporation. 

Sec. 10. At the first meeting of said members, they shall Time and 
agree upon the times and places of opening books for the I'-ace of open- 
subscription of stock, and they shall have power to open"'^ 
books for this purpose, at any time or place within or out of 
the State that they may deem proper. 

Sec. 11. When five per cent, upon the capital stock shall ^^^" ^"'^ 
1 1 1 •! 1 I • 1 • f 1 11 L J ""'^y "® corn- 

have been subscribed and paid in, the same shall be reported menced. 

to the board of directors, who shall forthwith convene and ap- 
point the officers and commence the work contemplated bj 
this act. 

Sec. 12. The monies received as above, shall be and re- Monies, how 
main in the custody and keeping of the said board of di- paid out. 
rectors or their treasurer, and shall be disbursed and paid out 
to agents, engineers, laborers, and others under the direction 
of said board. 

Sec. 13. The board of directors shall have power to enter Right of waj. 
upon any lands adjoining said river, to take and use timber, 
stone or other materials necessary for building or constructing 
locks, dams, acqueducts, or such other improvement of said 
river as may be deemed necessary according to the act con- 
cerning the right of way and for other purposes, approved, 
February twenty-eight one thousand eight hundred and thir- 
ty-three. 

Sec 14. Whenever the navigation of said river shall be Rates of toll, 
completed through the county of Randolph, then it shall be 
the duty of the county commissioners' court of Randolph 
county, upon the report of the same being made by the board 
of directors to said court, to fix and establish rates of toll for 
the passage of boats and other crafts up or down said river 
within the limits of said county, and so on by the counties of 
St. Clair, Washington, Clinton, and Fayette, when the navi- 
gation is completed to the northern limits of said counties re- 
spectively; such rates of toll, when established, shall be ad- 
verlised for the benefit of the public interested, in at least two 
newspapers nearest the river, and in any other way that may 
seem advisable to said board. It shall and may be lawful for Boats may be 
the toll gatherer or collector of said directors to stop and re-^'°''P 
tain all boats or other crafts intending to pass any lock or dam 



^IB RIVERS AND CREEKS. 

or other place of collecting toll until said rates or toll shall be 
paid. If any such boat or craft after having passed any such 
lock, &c., shall refuse afterwards to pay the toll or rates afore- 
said, the person having charge of such boats or craft so ref- 
Tolls how e- ^^^^S ^^'^^^ forfeit and pay to said company double the amount 
covered. of said toll or rates, to be recovered by action of debt or oth- 
erwise, before any justice of the peace, and the propertv of 
such boat, and the loading of the same, shall be liable to exe- 
cution on any judgment so recovered, whether it belong to 
Proviso. the person or not; Provided, That the board of directors shall 

not be authorized to levy tolls upon any boat or craft navi- 
gating the said river Kaskaskia from and below the town of 
Kaskaskia. 
Rates of toll. ^^^- l'^- The rates of toll in all cases shall be reasonable; 
the legislature shall have power to fix and establish said rates 
of toll, if thought to be exorbitant. 
Semi-annual Sec. 16. The directors shall settle with the stockholders 
settlements, j^^ ^ division of such dividends (if any) as may accrue; said 

settlements shall be semi-annually. 
Time of com- Sec. 17. The work shall be commenced within two years, 
mencement & „j^j be completed within six years alter the passage of this 
completion of ^ . .^ ... i 1 1 i /> r . i * ^ 

work. act, otherwise said charter shall be lorreited. 

Damagesjhow Sec. 18. The said company shall be holden to pay all 

paid. damages that may arise to any person or persons by taking 

their land, stone, or gravel, or any material for the construction 

and maintenance of said canal or slack-water navigation, lock 

or dams, when the same cannot be obtained by voluntary 

agreement, to l)e-estimated and recovered (in the manner laid 

down for the recovery) of damages caused by the laying 

[o it of] public highways in the act concerning the right of 

way, approved, February twenty-eight, one thousand eight 

hundred and thirty-three. 

Stock may be Seo. 19. The capital stock of this corpora <:ion may be in- 

jncrease . creased to a sufficient amount to carry into effect the objects 

of this act. 
Water power Sec. 20. The said board of directors shall have power 
maj be leased ^j^^ authority to lease all water or other power which may be 
created by the erection of locks and dams or otherwise to the 
highest responsible bidder or bidders, for any length of time 
at their discretion, having previously given the necessary 
public notice, the proceeds whereof, shall be used at the dis- 
cretion of said board in the preservation of the said locks and 
dams, and other improvements to the navigation of said river, 
or distributed in dividends. 

Approved^ February 27, 1841. 



RIVERS AND CREEKS. 



iHd 



An ACT to remove obstructions to the navigation of the Little Wabash 

river, and for other purposes. In force, Feb. 

27,1841. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That the Fund Commis- 
sioner be, and he is hereby authorized and required, ^^'ii^hin ^"j'^^^^"^™^^ 
three months, from the passage of this act, to rent or lease, at p„^er on Lit- 
public auction, to the highest bidder, for a term not less than tie Wabash, 
one nor more than two years, the water power or mills be- 
longing to the State, situated at N'ew Haven and Carmi, on 
the Little Wabash river, together with all the l^nds, privile- 
ges and appurtenances thereunto belonging: Provided, Notice Proviso, 
of the time and pl.ice of such lettings shall be first given in 
the papers published by the Public Printer, in Springfield, and 
in any other papers, not exceeding three in number, publish- 
ed near the places of lettings, for four weeks, successively, next 
previous to the days of letting. 

Sec. 2. The lessee or lessees of the water power, mills, 
and other property, named in the above, shall, within one 
week from the day of letting, execute a bond to the Governor Lesgee to g^g. 
and his successors in office, with good and suflicient security, cute bond to 
to be approved of by the commissioner, in the penal sum of ^°^^^°°''' 
five thousand dollars, conditioned for the prompt and faithful 
payment of the sums stipulated in the lease, as the same shall 
become due, and for making the alterations and improvements 
in the dam or dams, and performance of other conditions here- 
after provided: Provided, That in no case shall either of^''°^"°' 
said dams and water power be leased for a less sum than three 
hundred dollars per annum, in addition to the improvements 
herein provided to be made in the said dams; which said rent Rents, to 
shall be paid to the Fund Commissioner. '^^'''^ P^'^- 

Sec. 3. The lessee or lessees of said water power, mills, 
and other property, shall be required to keep the same in good 
repair, and the said mills in a suitable condition for grinding 
and sawing, when there is suflicient water: Provided, A rea- Proviso, 
sonable time shall be allowed for repairing any injury that 
may take place, by reason of any unavoidable accident: And Further pro- 
provided further. That no reduction of rent shall be allowed ^^^°- 
for the time so lost. 

Sec 4. The lessee or lessees shall, before the first day of Lessees to al- 
January next, cause the dams appertaining to the mills afore- convenience*"^ 
said, to be so altered or constructed, as to permit the safe and of all boats, 
speedy passage of all boats adapted to the navigation of said 
river, by the construction of a sluice or cut in each dam; such 
sluice or cut in the Carmi dam to be three feet deep, and in Sluice, depth 
the New Haven dam to be two feet deep; each to be forty °' 
feet wide, with a down stream slope of not less than one hun- 
dred feet in length. 

Sec. 5. It shall be the duty of the lessee or lessees of said 
mills to run them on as equitable terms and under the same 
regulations and restrictions that are applicable to other mills, 
of similar construction, in this State. 



220 ROADS. 

Moneys recei- Sec. 6. All moneys arising to the State from the rents of 
in imprcmjut't ^'^^ water power and property, as herein provided, shall be 
of said river, paid over by the officer receiving the same to the State Trea- 
surei, within thirty days thereafter; and the same shall be ap- 
plied, under the direction of the said commissioner, for the 
improvement of the navigation of the said river. 

Sec. 7. If the alteration and improvement shall not be 

made in either or both of said dams, on or before the said first 

day of January next, the sheriff of White and Wayne co'in- 

ties, or either of them, shall then be authorized and required 

Dams may be ^q ^^ke to themselves sulRcient aid, and cut down said dam or 

dams to the extent required in this act: and said sheriffs shall 

Compensat'n receive such compensation for said services as the county com- 

to eherifl. missioners' court of White county shall deem reasonable and 

just; one-third of which to be paid out of the county treasury 

of Clay county, and two-thirds to be paid out of the county 

treasury of Wayne county. 

^ Sec. 8. Should it be inconvenient for the Fund Commis- 

may appoint sioner to attend to the duties herein required of him, he is 

an agent. hereby authorized to appoint an agent to act in his stead. 

Sec. 9. If the lessee or lessees of said dams, or either of 
Moneys may them, should fail to make the alteration in said dams, as herein 
provided, any sums that may be paid by the counties of Clay 
or Wayne, in accordance with the seventh section of this act, 
shall be reimbursed to them out of any moneys collected on 
said lease or leases. 

Sec. 10. All acts and parts of acts, in anywise contrave- 
Acts repealed ning the provisions of this act, are hereby repealed; and this 
act shall be in force from and after its passage. 

Approved, February "11. IS41. 



An ACT for the location of a State road in the counties of Hamilton^ 
OK ia.li *"■ Franklin and Perry. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, ThatGreenburg W. Moore, 
Com'rs to lo- of the county of Hamilton, and Solomon Weeb, of the county 
oateroad. of Franklin, and Benjamin Harnick, of the county of Perry, 
are hereby appointed commissioners to view, mark and locate 
a State road, beginning at the town of McLeansborough, in 
Hamilton county; thence to the town of Benton, in Franklin 
county; from thence, running wi«h the State road from Nash- 
ville to Benton, to the bridge on Big Muddy river; thence, with 
said State road, to the point where the county road diverges 
from the same; thence, with the county road, to Callaway's 
ford, on I.ittle Muddy; thc«nce to George Lipe's, in the Nine 
Mile prairie; thence, on the section line, the nearest and best 
way to Pinckneyville, in Perry county. 
T e & place ^^^' '^' ^^^^ commissioners, or any two of them, shall meet 
of meeting, at the town of McLeansborough, on or before the first Mon- 



ROADS. 221 

day in September next, and after being duly sworn, before To be sworn, 
some justice of the peace, to the fuithlul performance of their 
duties, shall proceed to lay out said road, from point to point, 
upon the nearest, best and most eligible ground, having due 
regard to private property. 

iSEC. 3. Said road, when so laid out, a report of which Report of 
shall be filed by said commissioners with the clerks of the '■°^''' 
coun*y commissioners' courts of the respective counties 
through which said road is to run; and the same shall be open- 
ed and kept in repair as other State roads are. 

Sec. 4. Said commissioners shall be allowed a reasonable pay of com'ra, 
compensation for their services, not exceeding two dollars per 
day, at the discretion of the county commissioners' courts, 
which shall be paid by said counties, in proportion to the time 
said commissioners may necessarily be employed in each coun- 
ty in making said location. 

Sec 5. The present csunty road, laid out and opened from jj^^jj jeclar- 
McLeansborough to Carmi, running by Westiey Biggerstaff 's, ed state road. 
is hereby declared a State road. 

This act to be in force from its passage. 

Approved^ January 26, 1841. 



An ACT to provide for reviewing certain State roads. In force Jan. 

26, 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That John Shrader, VVil- Com'rs to re- 
liam Waite and Abram Eoyers, be and they are hereby ap-^'^®^' 
pointed commissioners to examine and review so much of the 
present State road leading from Paris, in Edgar county, to From Paris to 
Clinton, in Indiana, as lies cast of the centre of section nine- ^'^'^'°"- 
teen, town fourteen north, of range ten west and the State 
line; and also a proposed road, commencing at the same place, 
viz: centre of section nineteen; thence, due east, to Black- 
man's brar^ch of Cole creek, at A. A. Martin's mill seat; 
thence from said creek up the dug way to the top of the hill 
to the corner of Martin's yard; thence, due east, to the line 
between twenty and twenly-one of town fourteen north, of 
range ten west; thence, on the best ground, to the State line, 
near the corners of William Hoops' and G. W. Hunter's farms. 
And the commissioners aforesaid, after having reviev^'ed 
and examined the present and projected road, shall report to 
the commissioners' court next ensuing, their opinions of the 
relative claims of said roads; and the county commissioners' 
court shall make such order in the piemises as to them shall 
seem iust: Proroided. That if the commissioners first above „ 
named shall, after the review, be of the opinion that the pub- 
lic interest requires that both roads shall be opened and kept Co. corn're to 
in repair, the county commissionera' court shall goveni them- ^^^^P. '■o«d in 
selves accordingly. repair. 



m 



ROADS. 



Sec. 2. And be it further enacted^ That Gideon Minor and' 
Com'rs to re- George Moke be appointed to review and relocate so much of 
locate, the JSpringfield road, as follows, viz: Beginning at the north- 

west corner of A. Dill's farm; thence, through the centre of 
section two, town thirteen north, of range twelve west, to some 
suitable point on section three, in the same range; thence to 
intersect the present road the nearest and best way: Also, the 
said Minor and Molce are appointed to review and locate so 
From Paris to much of the State roads leading from Paris to Vincenncs and 
ViQcennes. from Paris to Terre-Haute, as lies between where South street 
crosses Market street and the mouth of Shaw's lane, running 
out straight with Market street until an east line will strike 
the lane aforesaid. And the said commissioners, after having 
Com'ra to re- reviewed the several roads named in this section, shall report 
P"""'' to the county commissioners' court next ensuing; and the said 

court shall judge of the propriety of said alterations from said 
report. 

Sec. 3. And be it further enacted, That the several com- 
When to per-^jggJQj^gj.g named in this act may proceed on, or at any time 
loriu cluti6s* J V ' •' 

after the first Monday in February next, to review the seve- 

Allowed com- ral roads herein named; and shall be allowed a fair compeasa- 
pensation. tion for their services, out of the treasury of the county, at 
the discretion of the county commissioners' court. 
This act to be in force from and after its passage. 

Approved, January 26, 1841. 



In force, Jan. An ACT for a State Road from Shawneetown to Vienna. 

27, 1841. 

Sec, 1. Be it enacted by the People of the State of Illinois} 
represented in the General Assembly, That William Christen, 
Com'rs to lo- °^ Gallatin county, Albert Rose, of Hardin county, and Abra- 
cate road. ham S. Barger, Senior, of Pope county, be and they are here- 
^ by appointed commissioners to view, mark and locate a road 

from Shawneetown, in Gallatin county, to Vienna, in John- 
son county. Said commissioners, or a majority of them, shall 
Time & place meet at the house of Albert Rose, on the first day of April 
of meeting, next, or within three months thereafter; and after being duly 
To be sworn, sworn, by some justice of the peace, faithfully to discharge 
the duties required of them by this act, shall proceed to view, 
mark and locate said road, on the nearest and best route, and 
on the best ground for a permanent road, so as to intersect the 
road leading from Golconda to Pinckneyville, at or near the 
bridge on Big Bay creek, where said road crosses the same. 

Sec. 2 Said commissioners shall, at the first term of the 

county commissioners' court, in the respective counties 

Report. through which said road may run or pass, make report of the'' 

road so marked and located; whose duty it shall be to cause 

said road to be opened and kept in repair, as other State roads 

Compensat'n. Sire. Said commissioners shall receive a just compensation ■ 



ROAf>B. 22^ 

for their services, out of the treasury of the counties in which 
they reside, respectively, by order of the county commission- 
ers' courts. 

Approved, January 27, 1841. 



An ACT in relation to a road therein named. In force Jan. 

27, 1841. 
Sec. 1. Bt it enacted by the People of the State of Illinois, 
represented in the General Assembly, That so much of an act, 
entitled an act to amend "An act concerning the road ^rom p^^. ^^ ^p^ ^g, 
Warsaw to Qui icy," approved, February first, one thousand pealed, 
eight hundred and forty, as declares so much of the State road 
'from Warsaw to Peoria, as lies between Warsaw and Carthage, 
a State road, is hereby repealed; and the said road, between 
the two last named places, is hereby declared to be vacated. 

Sec. 2. Any citizen of Hancock county, may, by voluntary citizens of 
enrollment, attach himself to the Nauvoo Legion, with all the Hancock co'/ 
privileges which appertain to that independent military body. ™^y '^*^^"°S '«> 
I Approved, January 27, 1841. gion'^"" 



An ACT to locate a State road in Bond, Madison and St.Clair counties. In force, Feb 

18, 1841. 
Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Benjamin Johnson, ^^^^,^3 ,q j^^ 
of Bond county, David Tharp, of Madison county, and Daniel cate road. 
Baldwin, oi St. Clair county, are hereby appointed commis- 
sioners, to locate a State road, as follows, to wit: Froin Ben- Line of road, 
jamin Johnson's, in Bond county, via Highland, in Madison 
county, to Lebanon, in St. Clair county. 

Sec. 2. Said commissionei's, or a majority, shall meet at Time & place 
the town of Hig'dand, on the first Monday of April next, or of meeting, 
within thirty days thereafter; and, after having been duly 
sworn, before some justice of the peace, faithfully to perform To be sworn, 
the duties required of them by this act, shall proceed to mark, 
survey and locate said road; and, having so located the same, 
sha'l, within thirty days thereafter, return to the office of the 
clerk of the county commissioners' court of each of said coun- 
ties through which said road will pass, one copy of the plat, Plat and sur- 
survey and field notes thereof; which, together with the report '■'^Y^ where to 
of said commissioners, shall be spread upon the records of the "^^ ^^'^^^ ^ ' 
said county commissioners' courts. 

Sec 3. The said road shall be at least four poles wide, and Width of road 
shall be opened and kept in repair, as other public State 
roads are; and the said counties shall each pay one-third of 
the expense of said road. The said commi.ssioners and the 
surveyors shall each receive and be allowed two dollars per Compensat'n 
day, for their services herein; the chain-carriers and axe-men, "^*^°™'"'^*^* 
the sum of one dollar per day. 



224 ROADS. 

Sec. 4. The road leading from Hickory Grove, in Bond 
Road vacated county, by way of Joseph Duncan's, in Madison county, to 
Lebanon, in St. Clair county, be and the same is hereby vaca- 
ted. 

Approved^ February 18, 1841. 



^ An ACT to authorize the Madison County Ferry Company to construct a 

In force, Feb. road or causeway. 

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

„ ,. , represented in the General Assembly. That the Madison County 

Madison co'y t-,-*^ . , , y.\ , , .u ■ j i. 

ferry co'y to ^ ©rry company is hereby permitted and authorized to con- 
build road or struct a road or causeway, from the ferry landing, in Madison 
causeway. county, on the Mississippi river, opposite North St. Louis, 
Wd'h f d •^^''^^^ the sand bar in front of said ferry landing; such road or 
or causeway, causeway not to exceed forty feet in width, and four feet in 
heighth, above the highest part of said sand bar. 

Approved, February 17, 1841. 



In force, Feb. An ACT declaring a certain road in Fulton county a State road. 
19, ld41. 

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 declar- road, as surveyed by authority of Ahira Sanders and Absalom 
ed a State Maxwell, leading from Lewistown, via Jackson Grove and 
Fairview, to Knoxvilie, in Knox county, as lies between Lew- 
istown and Jackson Grove, be and the same is hereby decla- 
red a StatJ road, and shall be worked and kept in repair as 
other State roads are. 

Sec. 2. It shall be the duty of the county surveyor of Ful- 

ru"on°cou*n- ^^^ county to make out a plat of said road, as surveyed by the 

ty to make a authority of the commissioners aforesaid, and return it to the 

plat of road, cle.'k of the county comnpissioners' court of said county, who 

shall tile the same according to law. 

Approved, February 19, 1841. 



In force, Feb. An ACT to locate, alter and re-locate certain State roads. 

19, 1841. 

Sec. 1. Be it enacted by the People of the Slate of Illinois^ 
represented in the General Assembly, That Silas W. Sher- 
Com'rs to lo- j^an, William Dwyer and Morris Robinson of the counties 
from Chicao-o of Cook and Lake, be, and they are hereby appointed com- 
toMilwaukie. missioners to view, survey and locate a State road, to com- 
mence at or near the tavern house of John Shrigley, at 



Dutchman's Point in Cook county, thence in a northerly di- 
rection, on the most suitable ground and nearest route for a 
permanent road, so as to cross the west fork of the north 
branch of Chicago river, at or near the bouse of Sila« 



ROADS. '225 

W. Sherman, by the house of Michael Meigham, the tavern 
of William Dwyer, and intersecting the county road, by 
Little Fort to a suitable point on the Territorial line in a di- 
rection to Southport and Milwaukie; commissioners to meet Time & place 
at Dutchman's Point on the first day of February, or as soon of meeting, 
thereafter as practicable, and said counties of Cook and 
Lake, or either of th^m, shall not be liable for any expense Width of road 
attending the survey and location of said road, which road 
shall be four rods wide. 

Sec. 2. That William Christen of Gallatin county, Al- 
bert Rose of Hardin county, and Abraham S. Barger of Pope 
county, be, and they are hereby appointed commissioners to ^^^"«stown 
view, survey and locate a State road from Shawneetown in 
Gallatin county, to Vienna in Johnson county; they shall lo- 
cate said road on the nearest and best route, selecting the 
best ground for a permanent road, so as to intersect the road 
leading from Golconda to Pinckney ville, at or near the bridge 
on Big Bay creek where said road crosses the same; com- Place of meci- 
missiouers to meet at the house of Albert Rose: Providedy^^S- 
That the commissioners mentioned in this section shall not 
revieu^ said road no further in the direction of Vienna than 
the Big Bay creek in Pope county. 

Sec. 3. That Wesley Walin, John Gibson and James 
Dunsworth, be, and they are hereby appointed commission- From Ma- 
ers to review and relocate a part of the State road from JVI a- comb to Qnia- 
comb in McDonough county, to Quincy in Adams county, ^J'* 
viz: so much thereof as runs through sections one and twelve, 
in township four north, range four west, leaving said old road 
where it crosses the said township line, so as to run by Charles f a^^e of meei- 
Hill's; commissioners to meec at the house of John Gibson. ^"^' 

Sec. 4. That the State roads leading from Springfield to 
Macomb, Beardstown and George Miller's ferry, be altered Roads altered 
in the county of Menard, where said roads are all united in 
one, viz: from where it strikes the east side of the east half 
of the north-east quarter of section number ten, township 
number eighteen north, range seven west; thence to run on 
a due north direction, and run on the line between Joel J. 
Robinson, and Elihu Springer, until the same reaches the 
north-east corner of said tract of land; thence west on 
the line between said Robinson and Porter, until the same 
shall intersect the old road. 

Sec. 5. That so much of the State road from Auburn to Road chan- 
New Richmond in Clark county, as runs through the impro- S^^* 
ved land of Charles McNary, be changed and altered to run 
as the road is now opened and improved by his house, through 
his lane, viz: from a point south-east of his house, via the 
house, to the point of intersection north-west of his house, 
which shall be the permanent road, four rods wide; and the 
location through his field is hereby vacated. 

Sec. 6. That John Williams and John Day of Hancock 
15 



'326 ROADS. 

From Hunt's county, and Vandiver Banks of McDonough county, be, and 
panoose? ^ they are hereby appointed commissioners to review and re- 
locate a part of the State road from Hunt's bridge in McDo- 
nough county, to Appanoose in Hancock county, viz: to be- 
gin at a suitable point between James Dye's and Elijah ' 
Pope's, bearing south of where the said State road runs, so as 
to leave the farms of the said James Dye, Elijah Pope and Mo- 
ses Wallace, on the north-, thence running in a suitable di- 
rection to intersect the said State road near the town ot Jo 
Durkin; commissioners to meet at James Dye's. 
Fromllillsbo- Sec. 7. That the county road [from] Hillsboro' toCarhn- 
ro' to Carlin- vllle, as far as the same runs in Montgomery county between 
" ^' Robert Briggs and the county line, as now travelled, is hereby 

declared a State road, four rods wide; and that the State 
Greenville to road leading from Greenville to Jacksonville, as far as the 
JackBonville. gj^^^g jg embraced between Robert Briggs' farm and the ford 
of the three mile branch in Montgomery county, be, and the 
same is hereby changed, and the same is hereby relocated, 
viz: to run from the corner of Robert Briggs' farm, a direct 
line or course to Anna Shepherd's; thence direct to the ford 
of the three mile branch, to be four rods wide. 

Sec. S. That so much of the State road leading from 
Jacksonville Jacksonville to Carlinville, as runs through the land of Wil- 
to (^arhnville. jjg^j^j jyj gerry, be changed so that the road shall pass on the 
line of his land, viz: the east half of the north-east quarter 
of section thirteen, township twelve north, range nine west, 
and intersecting the present road south of his land, and that 
the same be opened four rods wide. 
All com'rs to Sec. 9. The road commissioners named in this act, previ- 
make report, ous to entering upon the discharge of their duties, shall be 
sworn and make oath before some judge or justice of the 
peace of the State, faithfully and impartially to discharge the 
duties enjoined on them as road viewers; they shall locate 
and establish the roads authorized by thi:) act, on the most 
sui'ablc ground and eligible routes for permanent roads, and 
having so located the same, shall m.ike report accompanied 
with a plat, giving the courses and distances to the commis- 
sioners' courts respectively, of the portion of the road in 
locatloiT^ °^each county, and each county shall pay a proportion of the 
expenses in proportion to the length of road in each county; 
and thesamecommissionersshall be allowed one dollar, survey- 
ors two dollars, and hands seventy -five cents each, for each and 
every day necessarily employed; the commissioners herein 
named shull convene and discharge theduty required, at any 
time between the passage of this act, and the first Monday 
of June next. 

Skc. 10. That John Lowry, William M. Steerman and 
Leansbor^to ^"^'^y Morgan, be appointed commissioners to relocate that 
Mt. Vernon, part of the State road from McLean-sboro' to Mount Ver- 
non, which runs through the said Morg n's and Lowry's 
farms, so as to run said road on the north side of said farniif 



ROADS. 227 

they shall commence at such place between Mrs, Lumber- ?*'^<'*' of ^pp^- 
lan's and said Morgan's as they shall think proper, and in-*°^" 
tersect said road not exceeding twenty poles west of said 
Lowry's farm; commissioners to meet at John Lowry's. 

Sec. 11. The county commissioners' court of Morgan 
county, arc hereby authorized to cause to be changed or re- '^''^^,'^^?"^j"f, 
located, so much of the State road leading from Jackson- °'^P""S'» ■ 
ville to Springfield, as lies between Isaac B. Reeves and 
George Coits, in Morgan county: Provided, such change or 
relocation shall not increase the distance more than twenty 
poles. 

Sec. 12. Be it further enacted^ Th^i Geovge McCvavd. of From Equali- 
Gallatin county, and John Roberts and Thomas Odam of '^ *''^^"°"- 
Williamson county, be, and they are hereby appointed com- 
missioners to view, locate and mark a State road, beginning 
at a point on the road leading from Equality in Gallatin 
county to Frankfort in Franklin county, about one half mile 
west of the town of Gallatin, so as to pass through the lane 
dividing the farms of George McCrara and William Bond; 
thence on the nearest and best route to John Hyil's; thence 
on the nearest and best route to Yast's and Roberts' carding 
machine in Williamson county; thence on the best ground to 
Thomas Sanders'; thence to the town of Marion, the coun- 
ty seat of Williamson county; and thence so as to intersect 
the State road leading from Pinckneyville to Golconda. 

Sec. 13. The county commissioners' court of Macoupin From Carlin- 
county are hereby authorized to change or relocate, or cause ^^''®,'^ Jack- 
to be changed or relocated, so much of the Carlinville and ^°°^^"®- 
Jacksonville State road as lies between where said road 
strikes the east side of a certain tract of land belonging to 
Joseph King; thence to Lewis Solomon's, Senr.; and when 
said change or relocation is so made, it shall become a part 
of the Carlinville and Jacksonville State road. 

Sec. 14. The county commissioners of Scott county are 
hereby authorized to change and relocate so much of the ^"'"'^ Jack- 
State road leading from Jacksonville in Morgan county, to^^^lj^ '° 
Winchester in Scott county, as lies between George Ebey's 
and the public square in the town of Winchester. 

Approved, February 19, 1841. 



An ACT to locate a State road from Columbus in Adams Countj ;o 
Brooklyn in Schuyler County. 

In force, Feb. 
Sec. 1. Be it enacted by the People of the State of Illinois, *^' l^^^* 
represented in the General Assembly, That Stephen Mindi- 
nall of Schuyler county, William Burke and Clemmons Rob- Com'rs to lo- 
bins of Adams county, be, and they are hereby appointed ^'^te road. 
commissioners to view, mark and locate a State road from 
Columbus in Adams county, to Brooklyn in Schuyler county, 



•228 



ROAD». 



on the nearest and best route, having due regard to private 
property. 
Sec. 2. The said commissioners, or any two of them, 
Tiine Sc place shall meet at the town of Columbus on the first Monday of 
of meeting. April next, or as soon thereafter as practicable, and atter 
having been duly sworn, faithfully to perform the duties re- 
quired of them by this act, shall proceed to view, mark and 
locate said road from point to point above described; and they 
shall make a report in writing to the next county commission- 
„ . . L ers' court thereafter, which said report shall form a part of 

Iteport to be , ^ r • ^ i II 1 1 1 • 1 *^ I I I 

reeorded. the records 01 said court, and the said road so laid out shall 
be deemed a State road, and shall be opened and kept in re- 
pair as other State roads are. 
'' Sec. 3. The county commissioners' court of each of the 

Pay of com'rs counties through which the said road passes, shall pay their 
proportionate part of the compensation ol said commissioners 
out of the county treasury of each county, at the rate of two 
dollars per day for the number of days in which they shall ac- 
tually be employed in viewing, marking and locating said 
road. 

Roudjobeal- Sec. 4. That the county commissioners' court of Jeffer- 
son county, be, and they are hereby authorized to make such 
alteration and relocation of that part of the Brownsville road 
in said county, as the public good may seem to require, and 
roviso g^j, g^^^ court shall deem expedient: Provided, That no change 

of location shall be made at the county line. And provided 

Further pro-furt/ier. That no such change, alteration or relocation shall be 

^'"^- made in any part of the said Brownsville road, unless notice 

thereof shall be given, and petitions therefor shall be presen- 
ted, as is required in other cases. 

Approved, February 19, 1841. 



An ACT to locate and establish a State Road therein named. 
Tn force, Feb. 
19,1841. Sjjp^ i^ ^g ^f enacted by the People of the State of Illinois^ 

represented in the General Assembly, That Elisha Smith, Hi- 
Co m'rs to lo-rara Elmore and John Buckanon, of Bond county, be, and 
oate road. they are hereby appointed commissioners to view and locate 
a State road from George Moore's, in Bond county, to Van 
Burensburg, in Montgomery county. 

Sec. 2. Said commissioners, or a majority of them, shall 
meet at the residence of George Moore, in Bond county, on 
Time & place ^'^^ first Monday of May next, or within twenty days there- 
of meeting, after, and after being duly qualified by some justice of the 
peace, shall proceed to locate said road on the nearest and 
best route from George Moore's to Van Burensburg, by 
way of Mulberry Post Office. 

Sec. 3. Said commissioners shall make the location of 
said road by blazing the trees through the timber, and setting 
up stakes in the prairie ; when the road shall have been thus 



ROADS. 229 

located, the commissioners shall make out two statements in 
writing, showing the location thereof, and return one of said 
copies to each of the county commissioners' courts of Bond 
and Montgomery counties. 

Sec. 4. The county commissioners shall ca'ise that part 
of said road which may be located in their respective coun- '^jo'^'omrs 
ties to be opened and kept in repair as other Stale roads are. 
There shall be allowed to said commissioners locating said 
road, a reasonable compensation, to be paid out of the coun- 
ty treasuries of the counties of Bond and Montgomery in 
proportion to the distance that the road runs through each 
county. 

Sec. 5. That Arthur Ledlee and James Grayham, of Ma- From Carlin- 
coupin county, and John Johnson, of S-xngamon county, be, ^^''® ^'^ ^®'^''" 
and they are hereby appointed commissioners to view, mark 
and locate a State road from Carlinville, in Macoupin coun- 
ty, to Berlin, in Sangamon county. Said commissioners shall 
meet at Carlinville on the first Monday in April next, or as 
«oon thereafter as practicable, and atter being duly sworn by 
some justice of the peace, for the faithful performance of the 
duties required of them by this act, shall proceed to view, 
mark and locate said road, having due regard to private pro- 
perty, as also to the nearest and besL route. 

Sec. 6. Said commissioners shall within twenty days af- Report. 
ter having located said road, make a report in writing to the 
county commissioners' court of Macoupin and Sangamon 
couties; said report shall form a part of the records of said 
courts, and said road thus laid out, shall be considered a 
State road, and be opened and kept in repair as such. The , 

counties of Macoupin and Sangamon shall allow said com- ' 
nriissioners a reasonable compensation for their services, in 
proportion to the length of the road in each county. 

Approved^ February 19, 1841. 



An ACT to locfite and establish a State Roar! from the town of Peoria, in 
Peoria county, to the town of Fairview, in Fulton county. 

In force Feb. 
Seo. 1. Be it enacted by the People of the Slate of Illinois, 19^ '841. 
represented m the General Assembly, That Daniel Groenen- 
dyke, of Fulton county, and John McFadden and Thomas 
Ramsey, of Peoria county, be, and they are hereby appoint- 
ed commissioners to view, mark and locate a State road Com'rs to lo- 
from Peoria, in Peoria county, to Fairview, in Fulton coun- ^'^'^ "^"^ 
ty, commencing at Peoria and running through the Harkee 
and McFadden settlements to the line of Fulton county at or 
near the house of George Griggs, thence across the corner of 
Fulton county, on the most eligible ground, to the south line 
of townships eight north, five east, thence by the house of 
Joseph Hunt, Whitman's mill, and the house of Thomas 
Lane, to the west line of Peoria county, thence by Bond's 



230 ROADS. 

farm, in Fulton county, on the most direct and eligible route, 
to Fairview, having reference in the location of said road, to 
the nearness of the route, the eligibility of the ground, and 
doing as little injury to private property as the public good 
v^ill permit. 

JfmeeSif-'^*'^ Sec. 2. The said commissioners, or any two of them, 
shall meet at the court house in Peoria on the first Monday 
in April next, or some day thereafter, and before entering 
upon the duties assigned them by this act, shall take an oath 
before some justice of the peace of said county, faithfully to 
discharge the duties required of them by this act, and shall 
proceed to view, mark and locate said road four rods wide, 
on the nearest and most eligible ground. 

Report to be ^^c. 3. Upon such location being made, the said com- 
missioners, or any two of them, shall make a report of the 
same to the county commissioners' courts of Peoria and Ful- 
' ton counties, and said courts shall cause said road, or so much 

thereof as lies within their respective counties, to be opened 
and kept in repair, and said road is hereby declared to be a 
State road. 

Sec. 4. The commissioners hereby appointed shall be 

Fay of com'rs p-^j^j ^ f^jp compensation for the time they may be necessarily 
employed in locating said road, to be allowed by the county 
commissioners' courts of Peoria and Fulton counties; two- 
thirds to be paid out of the county treasury of Peoria county, 
and one-third out of the county treasury of Fulton county. 
This act to take effect from and after its passage. 

Approved, February 19, 1841. 



An ACT to locate a State Road from Columbus to Houston, in Adams 
hi fitYce Feb. county. 

19, 1841. 

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

represented in the General Assembly^ That J. G. Williams, 

Com'rs to lo-Stnith McGinnis and D. Stricklin, be, and they are hereby 

cateroad. appointed commissioners to view, mark and locate a State 

road from Columbus to Houston, in Adams county. 

Sec. 2. Said commissioners, or a majority of them, shall 

meet at Columbus on the first Monday of April next, or as 

Time &pkcesf,Qfj thereafter as practicable, and after being duly sworn to 

''' perform the duties required of them by this act, shall proceed 

to lay out said road between the points named in the first 

section of this act, and shall designate the route of said road 

by placing stakes in the prairie, and blazes on the trees in the 

filed. '^ ° ^ timber. The said commissioners shall as soon as the road 

shall be laid out, make and file a report in the clerk's office of 

the county commissioners' court of Adams county. 

Sec. 3. Sdid road when so laid out, shall be, and the same 
is hereby declared a State r-jad, and shall be opened and 
kept in repair as other State roads are, and the commissioners 



ROADS. 



^f 



appointed bj this act shall be allowed a reasonable compen- 
sation for their services, out of the county treasury of Adams ^^^ ^° com'rs 
county. Approved, February 19, 1841. 



An ACT to locate a State Road from Shelbyville to Mint Point in Coles 

county. In force Feb. 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the Genet al Assembly, That Charles Kellum, 
John Houchins and John Young, be, and they are hereby 
appointed commissioners to view, and mark, and locate ^conj^ato lo- 
State road from Shelbyville, in Shelby county, on the nearest cute road, 
and best route to Houchins' mills on the Little Wabash river, 
thence to intersect the State road leading from Charleston, 
in Coles county, to Lawrencevillc, near the head of Mint 
Point, on the waters of the Embarrass river. 

Sec 2. Said commissioners shall meet at Shelbyville, in 
Shelby county, on the first Monday in April next, or as soon of ^geting**^ 
thereafter as practicable, and after being duly sworn by some 
justice of the peace, faithfully to discharge the duties re- 
quired 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, anH doing as little damage to private property 
as the nature of the case will permit. 

Sbc. 3. The said commissioners as soon as practicable 
after the location as aforesaid, shall make out maps ^"^^ Maps and re- 
reports thereof, giving the correct distance and desciiption pofjg to be fi- 
ef the same, and ?hall file the same or a copy thereof in the led. 
clerks' offices of the county commissioners' court of each 
county through which any part of said road may pass; which 
said reports shall be made matters of record in said oflice. 
And the county commissioners' courts of the counties through 
which said road passes shall allow said commissioners and 
their assistants a reason bie compensation for their services, 
in proportion to the length of said road in the counties Pay of corn're 
through which the same shall pass; and they shall also cause 
said road to "be opened and kept in repair as other State 
roads are. Approved, Febi'uary J 9, 1841, 



An ACT to authorize the Trustees of Shawneetown to construct a Mac- 

Adaniized Road. In force Feb. 

20, 1841. 
Sec 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That the Trustees of 
Shawneetown be, and they are hereby authorized and em- 
powered to locate and construct a turnpike or MacAdamized Location. 
road from the river bank in said town, along and upon Eddy 



232 ROADS. 

street, to the high ground, if they should judge it expfedient, 
leading out of said town at such point within said town as 
m\y be most eligible, and to enable said trustees to make 
Trustees may said MacAdamized road, they are hereby authorized to bor- 
borrow mo- row money on the faith of the tolls hereinafter granted, and 
"®^' to pledge the revenues arising therefrom, and from any and 

all other sources, to pay the interest and reimburse the prin- 
cipal according to the terms of such loan. 

Sec. 2. Said trustees shall have power to proceed under 

Right of way. ^.j^g several acts relating to the right of way in all cases 

where it may be necessary to enter upon or use the lands of 

private persons, either for the purpose of draining the flat 

lands, through which said road will pass. 

Sec. 3. It shall and may be lawful for said trustees, 
Toll gates, whenever said MacAdamized road is completed to the high- 
lands on Eddy street, to establish one or more toil gates and 
to fix and establish such rates of toll, for the use of said road, 
as they shall judge expedient, and to alter the same at plea- 
Road to be sure, and whenever the corporation debts contracted for the 
free. making of said road shall be extinguished, the sa'.d tolls shall 

cease, and the said road bf^come a free road, subject to be 
kept in repair like other public streets and roads within said 
town. 
Penalty for Sec. 4. The said trustees are hereby authorized to estab- 
injury. ]-g|^ l^^ ordinance, such penalties as they may deem reasona- 

ble and right, for injuries done to said road, for evading the 
tolls which may be established, or for filling up or obstruct- 
ing the drains or ditches which may be required to carry off 
the water from Barger's creek, or other streams or ponds; 
which penalties may be sued for aad recovered by said trus- 
tees before any justice of the peace of said town or county, 
without giving bond for costs, but subject to appeal to the 
circuit court of Gallatin county like other cases. 

Sec. 5. That in order to carry into effect the provisions of 
Cost to be re- this act, it shall be the duty of the said trustees to keep an accu- 
^"^ ^ ' rate account of the cost of the construction of said road, and 

after the completion of the sameor any part thereof,to keep an 
accurate account of all tolls received, as well as the expenses 
of said road. The said trustees shall also be required to 
make an accurate report to the county commissioners' court 
at their March term annually, of all expenses incurred and 
tolls received in said year. 

Approved, February 20, 18 kl. 



An ACT ctmceming Public Roads. 
In force Mar. 

'♦ 1841. ^^^^ 1^ ^g if enacted bi/ the People of the State of Illinois, 

represented in the General Assembly, That all roads within this 

^d^^^ubulr^'^''^^^' which have been laid out in pursuance of any law of 

highwayB.'° this State, or of the late Territory of Illinois, and which have 



RdADS. 



SSS 



hot been vacated in pursuance of law, are hereby declared to 
be public highways. 

Sec. 2. The county commissioners' courts of the several County com. 
counties in tliis State, shall have, and are hereby vested with courts to su- 
general superintendence over the public roads within their ^y^jl^^l^'^j^^lg 
respective counties; and are hereby authorized to cause new 
roads to be located and made, and to alter or vacate public 
roads within their respective counties, in the manner herein- 
after provided and pointed out. 

Sec 3. The county commissioners' court of each county 
shall, at their March term, or as soon thereafter as may be, in To appoint 
each and every year, lay out and divide their respective coun- ^""^ j supervi^ 
ties into such road districts as they shall deem convenient sor. 
and proper, defining accurately the boundaries of said dis- 
tricts; and they shall appoint one supervisor in each district, 
who shall serve one year, and continue in ofl5ce until a suc- 
cessor shall be appointed. 

Sec 4. It shall be the duty of the clerk of the county 
commissioners' court in each county, to make out and deliver "'^ o c er . 
to the sheriff written notices to all the supervisors as afore- 
said, within ten days after such appointment has been made, 
informing them of their said appointment, and describing the 
bounds of their respective districts, and the roads therein; 
and the said sheriff shall immediately deliver the said notices 
to the persons to whom the same shall be directed respective- 
ly; and if any supervisor shall refuse to accept his said ap- 
pointment, the sheriff shall return the said notice to tl)e clerk 
who issued the same, noting such refusal on the back thereof. 
But if the sr.id supervisor shall agree to accept the same, such 
supervisor shall, within fifteen days thereafter, return to the 
clerk of the county commissioners' court a list of the names 
of all persons residing within his road district, liable to be 
taxed for road purposes; and the said sheriff shall notify the 
said clerk of such acceptance; and the said sheriff shall in all 
cases make return of acceptance or refusal within twenty days 
after the delivery to him of the notice aforesaid. For any 
failure on the part of the clerk to make out and deliver to the 
sheriff any oneof the notices required by this section, he shall 
be fined in the sum of ten dollars; and the sheriff shall incur 
the same penalty for a failure to deliver any one of said no- 
tices in the manner and within the periods herein prescribed: Proviso- 
Provided^ That supervisors shall not be required to make 
such return unless the county commissioners' courts sha'l 
have levied a tax, according to the piovisions of this act. 

Sec 5. When any person shall refuse to accept the ap-^"?""^*""'®' 

n • ^ ^ 1 II 1 Z' ^ r i ii i lUSlDg tO aC- 

pomtment of supervisor, he shall be nned nve dollars, to be cept, to be fin- 
appropriated to road purposes: Provided, That the commis-ed. 
sioners' court may excuse any supervisor from the payment of 
said fine, upon being satisfied that such person ought not top^^gj of ,p. 
have been appointed. The commissioners' court shall havemoval. 
power, at any time, to remove from ofiice any supervisor who 
shall fail or refuse to peform his duty; and all vacancies 



234 



ROADS. 



shall be filed at the term of the court at which any removal 
shall be made or vacancy occur. 

Sec. 6. It shall be the duty of each supervisor to cause all 
Duty of su- the public roads within his^ district to be kept well cleared, 
pervisor. smooth, and in good repair — causing all stumps to be cut low, 
so as to afford at all times a free and safe passage to wagons 
and other carriages along such roads; to cause brir'ges and 
causeways to be made wherever the same shall be necessary 
and to keep the same in repair; and to cause to be erected 
and kept in repair, at the forks or crossing place of every 
public road, a post and guide-boards, with plain inscriptions 
thereon, in letters and figures, giving the direction and dis- 
tance to the most noted places to which said roads may lead. 

When road IS Sec. 7. Whenever any public road shall be obstructed by 

obBtructed. /• u i- l • Tl j i i • i "^ 

fallen timber, or in any other manner, and when any bridge 

or causeway shall be destroyed or become impassable or dan- 
gerous to travellers, it shall be the duty of the supervisor to 
cause such obstruction to be removed, and to have such 
bridges or causeways rebuilt or repaired; and for that purpose 
he sball call out the persons bound to labor on the road in his 
district, or as many of them as may be necessary, but if the 
persons bound to perform such labor in his district, shall have 
previously performed the number of days required by this act, 
or if the labor due from such persons shall not be sufficient, 
he shall then proceed to hire as many laborers or teams as 
may be necessary to remove such obstruction or repair such 
Proviso. damages: Provided, The costs shall not exceed ten dollars; 
and if the cost of such work shall be estimated l>y said super- 
visor to exceed ten dollars, then he shall report such obstruc- 
tion or damage to any two or more of the county commission- 
ers, whose duty it shall be immediately to cause such obstruc- 
tion to be removed, or such bridge or causeway to be rebuilt 
or repaired, as the case may be, either by ordering the super- 
visor to hire laborers and teams for that purpose, or by ma- 
king a contract with some fit person cr persons, as they may 
deem best; and all moneys required to carry any of the pro- 
visions of this section into effect, shall be paid out of the 
county treasury, on the order of the county commissioners' 
court. 
Penalty for Sec. 8. If any person shall obstruct any public road, by 
obstructing falling a tree or trees across the same, by encroaching upon 
™^ ■ or fencing up the same, or by placing any other obstruction 

therein, he shall forfeit, for any such olfeixe, a sum not ex- 
ceeding ton dollars, and a sum not exceeding three dollars for 
every day he shall suffer such obstruction to remain, after he 
shall have been ordered to remove the same by any supervi- 
sor, county commissioner, or justice of the peace; and if any 
person shall purposely destroy or injure any bridge or cause- 
way, or remove any of the timber or plank thereof, or destroy 
or deffice any guide-board, post, or mile-stone, on a public 
road, or dig any drain or ditch across a public road, such 



ROADS. 



235 



person so offending shall be indicted or sued before a justice 
of the peace, and on conviction, thall be fined in any sum not 
less than five dollars nor more than one hundred dollars, ex- 
cept bridges, which shall be double the value thereof; and for 
burning a bridge, to be punished agreeable to the criminal 
code: Provided, however, That this section shall not be con- p . 
strued to extend to any person who shall lawfully cut down 
any timber for rails, fire wood, or other purposes, and who 
shall immediately remove the same out of the road; nor to any 
person through whose laud a road shall run, who shall dig a 
ditch or drain across such road, and shall keep the same in 
good repair. 

Sec. 9. No new road shall be opened by order of the No new road 
county commissioners' court, unless the same shall be applied to be opened, 
for by at least thirty-five voters, residing within five miles of 
the road proposed to be laid out or altered, except in counties 
which shall not have more than three hundred voters, when 
only fifteen shall be required. Such applicants shall deposits 
in ihe hands of the clerk of the county commissioners' court a 
sufficient sum of money to pay the viewing. If their report 
be in favor of establishing the road, the money so deposited 
shall be returned to the persons who depos'ted the same; but 
if the report be unfavorable, the expenses of the view shall be 
paid out of the money so deposited; and every person apply- 
ing for such new road shall contribute one day's labor, m ad- 
dition to the number of days required by this act, towards 
making such road. The clerk of the county commissioners' Duty of clerk, 
court shall furnish each supervisor through whose road dis- 
trict such new road shall pass, with a list of the persons who 
petitioned for the same; and any such petitioners who shall 
not reside within some district through which such new road 
shall pass, shall be required to perform the day's labor herein 
required of him, under the direction of the supervisor of the 
nearest road district; and for failing to do so, after being du- 
ly notified, he shall be fined in the sum of one dollar. 

Sec 10. When a new road shall be applied for, as afore- Co_"rt to ap- 
said, the county commissioners' court shall, if in their opinion ^°^°^ viewers, 
the public good and convenience require it, appoint three 
suitable persons to view the ground proposed for the same; 
and if, after such view, tiie viewers shall believe the road ap- 
plied for to be necessary, taking into consideration the ex- 
pense of constructing the same, and its utility to the public, 
they shall proceed to locate and establish the same, on the 
nearest and most eligible route from point to point given, 
having due regard to private property; causing the same to 
be surveyed; designating its course through prairies and im- 
proved land by fixing stakes in the ground, or by ploughing 
two furrows, at the distance apart of the full width of the 
road, and through the timbered land by marking the trees; 
and shall make report thereof to the next county commis- 
sioners' court; but after the view, if they deem such road 



236 



ROAbS. 



annecessary or improper to be made, they shall report their 
opinion to that effect to the next term of said court. 

Sec. 11. Whenever it shall be represented to the county 
Manner of va- commissioners' court, by a petition of thirty-five voters, th<it 
eating road, a public road established by said court, or any part thereof, 
is useless or burthensome, the said court upon a sufficient sum 
of money being deposited with the clerk to pay the expenses , 
of a revievif, (such money to be returned, if the road shall be 
declared useless,) shall appoint three suitable persons to view 
the same, who shall report to the said court at the next term 
after such appointment, whether such road be useless and 
burthensome, together with their reasons for such opinion; 
and the county commissioners may then order such road to be 
vacated, if in their opinion and discretion they shall deem 
Proviso such order proper; Provided, That no petition praying for 

the establishment or vacation of a public road shall be receiv- ' 
ed by the said court unless the said petitioners, or some of 
them, shall have given twenty days' public notice of such ap- 
plication, by a written notice, posted up in the most public 
place in each road district through which the road or propo- 
sed road shall pass, and a like notice, particularizing the 
route and important points, on the door of the court house, 
and of the county clerks' office, should it be kept in a separate 
building. 

Sec. 12. Whenever a new road shall be located, the 
county commissioners shall immediately cause the supervi- 
sors of each district through vi'hich such road shall pass, to be 
notified of such location; and it shall be the duty of the said 
supervisors to make such roads within their respeclive districts 
and keep the same in repair, so far as the labor of the per- 
sons bound to work on said road shall enable him; and if such 
labor be insufficient, the county commissioners shall cause 
the same to be cut out and opened at the expense of the 
county, whenever, in their opinion, the funds of the county 
will justify such expense; and aftt r being so opened, the same 
shall be kept in repair by the supervisor, as in other cases, 
fop Sec. 13. Any person or persons desirous of having a cart 
road laid out, for his or their convenience, from the dwelling 
or plantation of such person or persons, to any public road, 
or from one public road to another, or from one lot of land to 
another, shall present a petition to the county commissioners' 
court of the proper county, setting forth the reasons for desi- 
ring such road, and describing the points from and to which 
said road or cart-way is desired to pass; and the court shall, 
upon a sufficient sum of money being deposited to pay lor 
viewing such road, appoint three freeholders to view the 
Proviso. same: Provided^ That twenty days' notice shall be given of 

! the intention to present such petition, to each person resi- 

ding in the county through whose land such cart-way is desi- 
red t3 pass; and also, by posting up a notice thereof on the 
door of the court hoase, and clerk's office of the county, if not 



Duty of 

pervisors. 



Petition 
cart road. 



ROADS. 5j37 

kept in the court house, for the same period oi twenty days; 
and the viewers, when appointed, shall examine the route 
proposed for such road, and shall examine any other route 
which they may deem proper; and if they shall be of opin- 
ion that a cart-way is necessary and proper, from and to the 
points named in the petition, they shall lay out the same in 
such manner as to produce the least inconvenience to the 
parties through whose land the same shall pass, and shall make 
a written report to the court, describing the route of the road, 
and the numbers of the lots of land through which the same 
shall pass, and naming the owners thereof, if known; which 
report shall be examined by the court, and on hearing the 
objections, if any, and if the court shall be of opinion that 
the road is necessary and right, an order shall be made estab- 
lishing the same, not exceeding thirty feet wide: Provided^ Proviso. 
That no such road shall be allowed to pass through any or- 
chard, garden, door or barn-yard: Aiid provided, also, That Further pro- 
if any owner of land shall object to the opening such road, 
the same shall not be opened by the person or persons desir- 
ing the same, until the person or persons objecting shall be 
paid all the damages to be sustained by the opening thereof; 
and in case the parties cannot agree on the amount of dama- 
ges, the same shall be ascertained and assessed as hereinatter 
provided; and the damages being paid on final decision, the 
person or persons applying therefor, their heirs and assigns, 
shall have the right to open said road, and shall have the right 
of way upon the same forever thereafter. 

Sec. 14. The county commissioners' court of each coun- . f 

ty in this State, at their March term, annually, shall fix ^'^^dav-s each'' 
enter upon the records of their court, a certain number of man shall 
days that each able-bodied man between the age of twenty- work, 
one and fifty years, shall labor upon some public road within 
the CO .nty, durnig the year: Provided, That in no case shall provieo 
said court be authorized to fix the number of days less than 
one, or to exceed five days, as a requisition in labor. The 
clerk of said court shrill append the number of days fixed as 
aforesaid to the notice of each supervisor appointed in said 
county. 

Sec. 15. The county commissioners' court of each and 
every county shall, if in their opinion the public good requires^ou^'rs conri 
it, and not otherwise, in addition to the work required in the ^"^ ^^^^^^ "*''■ 
preceding section, at the March term annually, a3ses«s a road 
tax of not more than ten cents on every hundred dollars 
worth of taxable property, real and personal, or either, and 
a column in the tax-book shall designate the amount of road 
tax due from each person to be collected. 

Sec 16. The clerk of the commissioners' court, immedi- "^ 

ately on return of the assessor's- book, shall make out a list I*"ty of clerk, i 
of the names of all individuals owing road tax, in each road ' 

district in the county, with the amount of tax due therefrom, 
ascertaining the residence of, and the road district to which 



238 



ROADS. 



Dutyof Buper- 
viaors. 



Penalty 
neglect. 



each peison properly belongs; which lists shall be handed to 
the sheriff", and by him delivered to the respective supervi- 
sors. And any clerk or sheriff who shall fail or neglect to 
perform the duty required in this section, within the time giv- 
en to each, as specified in the fourth section of this act, in 
serving notices on supervisors, shall be fined in the same sums 
as stated in said section. 

Sec. 17. It shall be the duty of each supervisor to call 
on all able-bodied male persons over twenty-one and under 
fifty years of age, in his district, to perform the number of 
days' labor due for the year, giving such peison at least thr6e 
days' notice of the time when, and place where, the work is 
required,, and stating what description of tools to bring; 
which notice shall be given by the supervisor in person ver- 
bally, or by a' written or printed notice, or by some person ap- 
pointed by him to warn in the hands; in which latter case the 
notice shall be written or printed, and signed by the supervi- 
sor. The supervisor shall observe the hour appointed to 
meet, that each individual do appear at the time, with the 
tool directed to be brought, and when on the road, that each 
person shall work industriojsly and diligently, doing at least 
eight hours faithful labor in each day, at such work and in 
such manner as shall be directed by the supervisor. Any 

'°'" person neglecting or failing to attend and do the work due 
on the roads, after being notified as above stated by himself, 
or a substitute equally able as himself, shall pay for each day 
one dollar. Should any pei'son be idle, not work diligently, 
turbulent, interrupt other hands, or disobey the supervisors, 
power is hereby given, and it shall be the duty of the super- 
visor to discharge said hand from the road; and for each day's 
labor which may then be due from such person, he shall be 
bound to pay one dollar and fifty cents. 

3u. Sec 18. The tax list being placed in the hands of the su- 
pervisor, he shall notify each person residing in said supervi- 
sor's district of the amount due, and that the same may be 
discharged in labor; and shall thereupon request payment in 
money or labor, firstly notifying the individual of the time 
and place to attend and work the same out at the rate of one 
dollar per day, brihging with him such tools as may be direc- 
ted by the supervisor, the labor to be performed by the prin- 
cipal or a substitute equally able, working industriously at 
least eight hours each day, and may, for any of the causes in 
the foregoing section, idleness, turbulence or disobedience, 
be discharged from the road by the supervisor, and the 
balance due shall be collected, with twenty-five per cent, ad- 
vance. 

Sec. 19. It shall be the duty of supervisors to sue in 

borandtaxet!^^^'^ name of the county commissioners, in their official capa- 

^ city, for nil labor and taxes which shall be due from each pcr- 

V son residing in their respective districts, and remain unpaid 

after notice shall have been given, and a failure to settle the 



Duty of 
pervisor. 



ROADS. 339 

same as provided in the foregoing sections; and having col- 
lected the same, shall without delay disburse the money to the 
best advaniage on public roads in the district to vehich such 
labor or tax properly belongs. In all cases the supervisor 
shall be a competent vpitncss in suits brought as above stated; 
and an appeal may be taken to the circuit court by either par- 
ty, as in other cases of appeal from justices of the peace. 

Sec. 20. Every supervisor shall endeavor to collect all 
road and labor tax, and close the work by the twenty-fifth j^cied'b'Vsth 
of December, annually. And they are absolutely bound to re- December, 
turn to the clerk of the county commissioners' court the tax 
list, by the first of January, marking carefully and truly the 
amount paid on said road tax list, how much in work, aud 
the amount in money by e.ich individual named, and shall 
give a receipt to each individual if requested. * The clerk and 
collector shall give credit on the general tax list, to each 
person, for the amount paid, and the balance due shall be 
collected by the proper officer out of the goods and chattels, 
lands and tenements of the person owing, in the same man- 
ner as other revenue for the Sta^e and county shall be collec- 
ted. All moneys collected as above, after deducting the per ."^""j^^V'" 
, , II •• 1 . • 1 . 1 II 1 1 Ti lected to be a 

cent. lor collecting and costs paid out to be allowed by the road fund. 

commissioners' court, shall be set apart in the treasury of the 
county as a road fund, to be disbursed by order of the com- 
missioners' court, in the erection of bridges, and improve- 
ment of such public roads in the county as they may deem most 
advantageous to the public; and in no case shall the court 
appropriate or divert any portion of said road iund to any 
other purpose than the construction of roads and road pur- „ 
poses: Provided^ always, That fines and forfeitures incurred 
under the provisions of this act, shall be applied to the im- 
provement of the public roads within the bounds of such 
road district wherein such fines and penalties may have been 
incurred. 

Sec. 21. Supervisors arc hereby authorized to hire teams Supervisor to 
to do the necessary hauling, ploughing and scraping, to con- ^"® ^^""^' 
tract for matenals for building bridges, causeways, erecting 
guide-boards, for making and furnishing road fcrapers, and 
repairing roads in discharge of labor and road tax due, and 
so far as funds shall come into possession, procuring said 
teams, materials, implements, and work, on the best possible 
terms. 

Sec. 22. All power, jurisdiction and control, is hereby Jurisdiction, 
given to the county commissioners' court of the several coun- 
ties, of and concerning State roads, roads located directly by 
the S'.ate, and the same shall be opened, improved and kept 
In repair as other roads in the counties, subject to alteration, 
change and relocation, as hereinafter pointed out. 

Sec. 23. When any pers jn or persons desire a change proceeding in' 
or relocation of any State road now located, notice of such rel. eating 
intended application shall be given by setting up advertise- '■^*^8' 



240 



ROADS. 



ments in writing, at least one in each road district through 
which said road shall pass, and on the courthouse door, twen- 
ty days previous to the sitting of the court to which apphca- 
tion shall be made; and on petition of a majority of the quali- 
fied voters of e-ich road district through which said road shall 
pass, and a mijority of the voters living immediately in the 
vicinity of such road, the court shall appoint three viewers 
to examine and make the necessary relocation; they shall 
carefully view the road as located, and the ground for the pro- 
posed route, and being of opinion that the public good re- 
quires an alteration, in view of obtaining a more suitable 
place to erect a bridge over a stream, wind a hill, avoid a 
swamp, expensive work, or where the present road greatly 
damages an individual, and can be varied without material 
damage to the public; in such cases alterations may be made; 
and a majority of said viewers being of that opinion, they 
shall cause a survey and relocation to be made, returning to 
the commissioners' court a plat with the courses and distan- 
ces of the road as established. But if they consider an al- 
teration not necessary, they shall so report, and the court 
may confirm and accept the report, or take such further ac- 
tion thereon as to them may seem right. In like manner, 
any State road now established, which may be consider- 
ed useless or burthensome, on notice, petition, view and report 
to that effect, as required in this section in case of an altera- 
tion, the same may be annulled and vacated. 

Sec. 24. That when it shall become necessary to have a 
Viewers to be State or county road now located and established, altered, 
appointed. relocated, or vacated at a county line, or a new road laid 
out, the same being petitioned for, and notice given, as requi- 
red in the preceding section, the same shall be agreed on by 
viewers from each county, to be appointed by the counties 
immediately interested, and no road shall be altered at a coun- 
ty line, or elsewhere, unless a majority of the viewers ap- 
Proviso pointed agree on such change or alteration: Provided^ That 

no application shall be acted upon, or viewers appointed, as 
contemplated in the preceding sections, unless the petitioner* 
deposiie money sufficient to pay the viewers in case an unfa- 
vorable report be made, to be refunded should the road be 
located, altered or vacated, as petitioned for. And the peti- 
tioners, in case a new road shall be established, or a change 
in the location of a road, shall contribute one day's work on 
the same or some other road in the county, as required in 
the ninth section of this act. In case of a disagreement in 
' the location or alteration of any road crossing a county line 

by the county authorities, either county may appeal to the 
circuit court, who shall hear and determine the case, grant 
a review, appoint viewers, and make such order therein as 
shall seem right in the establishment of the road in dispute* 

Sec. 25. All roads shall be surveyed, and a plat, with the 
courses and distances thereof, returned with the report of 



ROADS. 241 

the viewers to the commissioners' court, which shall be re-^°^^^ |^ ^ 
corded and filed. The commissioners' couri, on the return of pj^^fi^ej/^"' 
the report and plat, shall determine and establish on record 
the width of the road, making the main leading roads four 
rods wid'^, and none less than thirty feet. 

Sec. 26. In the location and alteration of all roads, it^oads to he 
shall be the duty of viewers to make the same as direct as made direct, 
the ground and circumstances will allow, particularly the 
main leading roads. Previous to entering upon their duties, 
they shall be swcrn before some judge of a court, or justice of 
the peace of the State, that they will faithfully, impartially, 
and to the best of their judgment, discharge the duties in- 
cumbent on them as road viewers under the law and ap- 
pointment of the court. 

Sec. "27. At the March term of the commissioners' court, Supervisor lo 
annually, each supervisor shall make a report, showing the j^^iyj^^yp^*'^**" 
whole number of day's work that has been done in his district 
during the year; by whom done; the amount of money by 
him received; from whom; for road tax, or otherwise due on 
roads; the amount paid out by him in constructing roads, 
with the vouchers accompanying; at which term he shall 
make a settlement with the court, and if a balance should 
appear in his hands, the same shall be disbursed in the dis- 
trict, or added to the general road fund, as the court shall 
order. Supervisors may appoint one or more persons to 
warn in the hands, and make an allowance out of (he labor or 
lax due from such person. No allowance shall be made to 
any supervisor for services out of the county treasury, except 
for sums required by the seventh section of this act, but 
he shall be wholly exempt from doing military duty in lime 
of peace, and from serving on grand and petit juries while 
acting as supervisor; and shall have power and authority to 
appoint one or more deputies, suitable persons, to oversee la- 
borers, and direct the work, the supervisor being responsible. 

Sec. 28. Rpad viewers shall be allowed one dollar, and Compensa- 
surveyors two dollars, for each and every day necessarily 'V-" *° '"'■^'^ 
employed; and chain and axe-men, seventy-five cents per^^ ^ '^°' 

Sec. 29. The supervisor, for the purpose of building or Supervisor to 
repairing any bridge or causeway, by order of the county *^^"'™*'f"^'* 
commissioners' court, is hereby authorized to enter upon the p7o™ed land, 
nearest unimproved land, and to cut and haul away timber, 
or to quarry and haul rock, gravel, sand, or earth, which may 
be necessary for that purpose: Provided, He shall not take P'^^^o- 
away timber already cut, or any rock or gravel already quar- 
ried for another purpose, without leave from the owner or 
his agent; Provided, also, That unless the owner, or his or Further pro- 
ber agent, shall first consent to the cutting of timber, or the 
quarrying of stone, or the taking of gravel, sand, or earth, the 
supervisor shall call upon two discreet householders to value 
16 



vise. 






"H^i ROADS, 

the materials about to be used. If the owner of the mate- 
rials, or his agent shall see proper, he may choose two other 
discreet householders, to act with such as may be chosen by 
the supervisor, and if they cannot agree, the four shall 
choose a fifth, as umpire; and the five or a majority of them, 
shall make out their award under their hands and seals, and 
transmit it to the clerk of the county commissioners' court 
who shall file and preserve the same; which award shall be 
final and conclusive, of the amount of damages sustained by 
such person, and the amounts© awarded shall be paid to the 
owner of the materials, or his or her agent, out of the couniy 
treasury; and the supervisor shall be authorized and war- 
ranted in taking such materials so soon as the award shall 
be made. 
!*?upervi86ra to Sec. 30. In all cases where a public road shall have been 
applj to jus- heretofore autiiorized by law to be laid out or constructed 
''^*°^' in this State, either by State or county authority, and the 
same is required to pass over the land belonging to ony com- 
pany, corporation, or individual, and the owner or owners 
shall object thereto, and cannot agree with the commissioner, 
superintendent, or supervisor, authorized to construct the 
same, on the amount of damage which such owner or owners 
may claim, it shall be lawful lor such commissioner, superin- 
tendent, or supervisor to apply to some justice of the peace 
of the county where the same may occur, who shall cause 
three householders to appear before him, and the household- 
« ers so summoned, after being sworn faithfully and impar- 

tially to examine the ground which shall be pointed out to 
them by the commissioner, superintendent, or supervisor, 
shall assess the damages which they shall believe such owner 
or ovvners will sustain, over and above the additional value 
which such lands will derive from the construction of such 
road, and make two written reports signed by at least a ma- 
jority of them, one of which they shall give to the commis- 
sioner, superintendent, or supervisor requesting the view, 
and the other to the opposite party, which award or assess- 
ment of damages shall, as well where the amount shall be 
agreed upon by the parties without applying to a justice of 
the peace, be laid before the county commissioners' court for 
consideration, who shall examina the matter, and should they 
decide the amount of damages is not unreasonable, or more 
than should be given, and that the opening and improving the 
road is called for by the public interest, and the finances of 
the county will justify, they, in that case, will approve and 
accept the award, and order the money to be paid, and the 
same being paid, the commissioner, superintendent, or super- 
visor, shall proceed to open and construct said road, which 
proceedings being recorded in the commissioners' court, the 
Prorao. right of way shall be thereby secured: Provided, That the 

corporation, company, owner or owners of the land shall have 



m 



ROADS. 243 

ie right to appeal from the decision of the commissioners' 
Duri to tlie circuit court, ?nd the case shall be acted upon in 
ich manner as the court may determine, with a view to 
istice, and the establishment of the road, and shall make 
ich order therein a? may seem right and just, which deci- 
on shall be tinal. The provisions of this section shall ex- 
nd to a cart-way, as contemplated in the thirteenth section 
this act, viewers appointed lo be sworn, report to be made, 
»e damages to be paid by the individuals desiring the cart- 
ay, to be confirmed by commissioners'' court, and either 
arty may appeal to the circuit court, where the case being 
Uy heard, such judgment or order shall bo made thereon 
the court shall deem right, and which shall be a final deci- 
on. 

Sec. 31. Supervisors are hereby authorized to bring suits Supervieoreio 
efore any justice of the peace of the county, to recover any ''""^ ®"*^ 
id all sums due tor road labor, road tax, fines and forfeitures 
nposed by this act, which are intended to come into the 
'nds of such supervisors for road purposes, and to colkct, 
sburse, and account for the same, suing in the name of the 
)unty commissioneis, in their official capacity. 

Sec 32. Any supervisor who neglects to keep the roads pgs,.jlty ^hpn 
his district in good repair, agreeably to the provisions ofsupervisor ne- 
is act, or fails to perform any other duty herein required, g''^'^'** '^"^y- 
all be liable to indictment, and on conviction thereof, shall 
fined in a sum not less than five dollars, and not exceeding 
ty dollars, to be expended on some road within the district 
said supervisor. 

Sec. 33. The clerk of the commissioners* court in each Duty oi clerk, 
unty, shall, at each term of the circuit court, make out and 
rnish the grand jury with a list of the names of all super- 
sors in the county, with the date at which they were ap- 
jinted. 

Sec. 34. Sheriffs and clerks of the county commissioners' Compensa- 
)urts, shall be allowed a fair and reasonable compensation l^'^j 'Jj^®^^® 
r discharging the duties required of them by this act, to be 
iid out of the county treasury, on the allowance and order 
the county commissioners' courts respectively. 

Sec. 35. That ail laws heretofore passed, and now in AH road law« 
rce, upon the subject of State and county roads, be, and ''^P^''*^ 
le same are hereby repealed; but rights acquired, or liabili- 
es incurred thereby, are not hereby affected: Provided, Pro\iso. 
hat nothing herein contained shall be construed so as to 
)erate as a repeal of the act entitled "An act concerning the 
ght of way, and for other purposes," approved, February 
»«enty-eighth, one thousand eight hundred and thirty-three, 
his act shall not extend or be construed in any manner to 
ithorize a change or any interference with the Great We^t- 
rn Mail Route, or the Darwin and Charleston turnpike. 
his act to be in force from and after the first day of March 
6xt. 



544 ROADS. 

Skc. 36. This act to be published immediately after itJ 
pa^sage ill the paper of the public printer. 

Approved by the Council^ February 20, 1841. 



An ACT to provide for the appointment of another (Commissioner to rC" 
fn force, Feb. view certain State; roads. 

24, 1841. 

Sec. I. Be it enacted by the People of the Stale of Illinois, 

represented in the General i^Asembly, That Hall Sjms be added 

Additional to the list of coiAmissioners to review certain State roads, run-;: 

comtnissi'.ner muir out of the south and west side of the town of Paris, ia* 

vlevrrouds.' ' ^^^ county of Edgar, as authorized in a previous act of the pre-; 

sent Legislature, 'ihis act to be in force from and after its: 

passage. 

Approved, February 24, 1841. 



An ACT to locate ft State road from Urbana, in Champaign county, by way 
tu force. May of Noriii Bend, to Marion, in De Witt county, 

1, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Wilson Lewis, ol 

Com'rs to lo- Champaign county, William Wright, of Piatt county, and 

cate road. Hiram Chapin, of De Witt county, be and they are hereby ap- 
pointed commissioners to view, survey, mark and locate a 
State road from Urbana, in Champaign county, by way oJf 
]\orth Bend post office, in Piatt county, to Marion, in D& 
Witt county. 

Sec. 2. Said commissioners, or a majority of them, shall 

Tjme& place j^g^jj ^j; Urbana, in (Champaign county, on the iirst Monday in 
May next, or as soon as practicable thereafter; and, after being 
duly sworn before some justice of the peace of said county,} 
shall employ a surveyor and other hands they may find neces': 
sary, and proceed to survey and locate said road, on the nearl 
est and best g.ound, from point to point, having due regard iX, 
private property. 

Sec. 3. The said commissioners, so soon as they shall have 

Plat filed. completed said view, shall make out a plat of said road, with 
the courses and distances from point to point; which plati 
when so made, shall be ceitified by said commissioners, and a' 
copy thereof filed in the ofhce of the clerk of the county com 
missioners' court in each county through which said road ma> 
run; and the county commi-sioners shall then cause so much 
of said road, as lies within their respective counties, to b( 

Width of road Opened three poles wide, and be kept in repair as other pub 
lie highways are. 

Sec. 4. The said commissioners shall make out and presen 

Certrdcnte of to the county commissioners' court of each county through whicl 

lime &. hands, such road may pass, a certified copy of the time and handi 
necessarily employed in each county; and thereupon it shal 



I ROADS. 245 

"be the duty of said courts to make a compensation for the 

sums severally due, allowing to each commissioner one dollar 

and fifty cents per day, and to the surveyor two dollars per 

day, and all other hands one dollar per day; to be paid out of Compenaai'D. 

ithe county treasuries of each county, according to the time 

employed therein, in making such view, survey and location. 

Sec. 5 This act to take effect and be in force from, and 
after the first day of May next. 

Approved, February 26, 1841. 



An ACT to locate a State road in Fulton coun-y. In force Feb. 

26, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That John M'Can. James 
Combs and Jonas Rawalt, of Fuhon county, be and they arc cn^^g („ ^^ 
lereby appointed commissioners to view, mark and locate a cate road. 
State road from Ulica to Richard Tompkins' ware house, near 
:hc inoulh of Copperas creek, on the Illinois river, on frac- 
tional south-cast quarter of section twenty- four, township six 
laorth, range five east. 

Sec. 2. The said commissioners shall meet- in the town ofTinig^. pjj^g. 
tltica, on the first Monday in March next, or some day there- of meeting, 
jfter; and, after being duly sworn by some justice of the peace 
ivel! and truly to perform the duties above required, shall pro- 
ceed to survey, mark and locate said road, five rods wide, as 
'eq aired by this act. 

Sii-c. 3. The said road, when laid out as aforesaid, shall be Road to be 
eemed and considered a State road ; and the county commis- opened and 
doners' court shall cause it to be opened and kept in repair as ^P' ""repair. 
Jther State roads are. 

Sec. 4. The commissioners appointed under the provisions 
.f this act, shall receive a just and fair compensation for the 
ime they are necessarily employed; and they are hereby au- °™P®"^" "• 
ihorized and empowered to employ a surveyor and chain-car- 
lers, who shall receive a fair compensation for their services, 
:o be paid out of the county treasury. 

Sec. 5. This act to be in force and take effect fiom and 
ifter its passage. 

Approved^ February 26, 1841. 



An ACT to locate.a Slate road. . _ . 

In force rob. 

Sec. 1. Be it enacted by the People of the State of Illinois, ~ ' 
''epresentcd in the General Assembly, That the road lately laid 
3ut and located in Cook county, by John Frink, Lyman But-Com'rs to hv 
terficld and Richard J. Hamilton, extending from the western ^'^'^ '■*'^"' 
limits of Chicago to the Sand Ridge, in the direction oi the 
Des Pliiines river, and k'^ own as the turnpike from Chicago to 
the Sand Ridge, be a State road. 



246 ROADS. 

Sec. 2. In consideration that the said road has been con- 
structed, at a heavy expense, by the munifieence of the citi- 
Co. com'r3 ofzens of the city of Chicago, it shall be the duty of the county 
Cook couniy coniniissioners' court of Cook county, at the March term of 
to appropri- gj^li^ court, annually, to make such appropriation, out of the 
keep road in county treasury ot said county, as will be sufficipnt to keep 
perfect order, said road in good and perfect order; and that the said appro- 
priation shall be expended under the direction of such person 
as the said court may appoint and direct. 

!Skc. 3. This act to take effect from and after its passage. 

Approved^ February 26, 1841. 



lu force Feb. An ACT for a State road therein mentioned. 

27, 1841. I 

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

represented in the General Assembly^ That the Governor be and 

Governor to he is hereby authorized to receive from the State Bank of Illi- 

receive bonds nois One hundred thousand dollars, in bonds, issued by the au- 

from bank & thority of this Slate, in dischar'^e of its bond given in eightecD 

ea roy '^"^' hundred and thirly-six, for the redemption of the Wiggins 

loan. 

Sec. 2. That the Governor is hereby authorized and re- 
quired, after receiving the bonds, under the provisions of this 
act, to publicly burn or otiierwise destroy the same, in the 
presence of the Auditor, Secretary of State, and the Treasu- 
Dutyof Audi- rer; and the pro[)er accounting officer shall, upon his books, 
^'' enter a record of the transaction. 

Sec. 3. That Jacob Talkington, George Waller and Henry 
Com'rs to re-Teeplc, of Morgan county, be and they are hereby appointed 
locate roatl. commissioners to view, survey and lelocate a part of the State 
road, leading from Hillsborough to Jacksonville, viz: To com- 
mence at a suitable point, cast of Waverly, in said county of 
Morgan; thence to and through said town, passing on the 
south side of the public square; thence, to intersect the present 
road, at or near the steam-mill, west of said town. A report. 
Reportof plat with a survey and plat, shall be returned to the commission- 
tobe recorded ers' court Ot said county, to be recorded and filed; the expense 
to be paid by the county, upon the order of the commission- 
ers' court. 

Approved^ February 27, 1841. 



In force, Feb. An ACT concerning a State road in Jefferson county. 

27, 1841. 

Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That so much of the i 
Roadchan-'ed P^^''^ road leading from Mt. Vernon, in Jefferson county, to i 
Brovvnsville, in Jackson county, as runs across the north east 
quarter of the south-east quarter of section thirty-one, in town- 
ship two south, range three east of the third principal meridian, i 



ROADS. 



247 



be and the same is hereby changed, so as to run direct to the Locauon. 

soutli-east corner of said forty acre tract; thence west, on a 

line with said forty acre tract, until it intersects the road, as 

at present laid out and travelled; and the old road, as 

hereby changed, is vacated: Provided^ Thai such change shall Proviso. 

not be made until the consent of the county commissioners' 

court of said county shall be tirst had: And provided further, YmxheT nro- 

That said court may give its consent thereto without petition viso. 

being presented therefor, as is icquired in other cases, if they 

shall deem such change right and proper. 

Approved, February 27, 1841. 



An ACT concerning the Great Western Mail Route. In force, Feb. 

27, 1841. 

Sec. 1. Be it evaded by the People of the State of Illinois, 
represented in the General Assembly, That it shall be lawful for 
the several counties through which the Great Western Mailg|.p^jj^jj ^^j^-^ 
Route has been finished, in part, and through which, by the pro- and demand 
visions of an act, entitled "An act to establish and maintain a '"J's.. 
general systcmof internal improvements," it is to be construct- 
ed, to take under their control and superintendence, that portion 
of the said road lying within said counties, respectively; and 
they shall also have power, and the county commissioners' 
courts of said counties, respectively, are hereby authorized to 
erect and have kept toll gates, in any part of said road in their 
respective counties, and establish such reasonable rates of toll 
thereon, as, in their opinion, will protect and keep in repair 
such portions of the said road as are, in whole or in part, fin- 
ished, and supply means for the further prosecution of the said 
road: Provided, The said rates shall not he burthensome or Pro^'B"- 
oppressive to the people. 

Sec 2. It shall be the duty of the said county commission- 
ers' courts, respectively, to use any timber or stone already Lumber and 
furnished by the State, for the further prosecution of said road, ^^^f^ "* ^ 
or for the finishing of any culverts or bridges which are unfin- 
ished, in part or in whole, by the State; and it shall be the When Staie 
duty of the said county commissioners' courts, respectively, shall demnnd 
when the State or the agents of ihe State demand a surrender ^j^g^, , 
of the control and superintendence hereby granted, forthwith"' 
to yield up the same, and relinquish all powers, rights and 
privileges hereby acquired or intended to be conferred upon 
the said counties, respectively: Provided. That the 'agents of proviso, 
the State shall pay into the county treasury the amount that 
may have been expended on the said roads, in each of the said 
counties, respectively, and which shall not have been fully 
reimbursed by tolls, with six per cent, interest. 

Sec. 3. It shall be the duty of the county commissioners' 
courts, in each o^ the counties, respectively, through which Account o( 
said road is to be made, to keep a correct account of all ex-^^P^ "'^^" 
pendilures, and of all moneys received, from tolls or other- 



•248 



ROADS. 



wise, in a suitable book or books, to be provided for tbat pur- 
pose, and which shall be open, at all times, for the examina- 
tion of the agents of ihc State. 

Sec. 4. The said courts, in the said counties, respectively, 
Courts mayareherebj authorized to appropriate any amount of moneys 
appropriate belonging to their respective counties that they may deem pro- 
compietion ofP^'"' towards the completion of said road, and to reimburse the 
road. same to said counties, respectively, with ten per cent, interest, 

per annum, thereon, out of moneys which m^y be collected 
for tolls on said road. 

Sec. 5. This act shall not be construed so as to allow the 
Citizens shall citizcns of the several counties any advantage over other tra- 
pay toll, vcUers, in case toll gates should be put up; but they shall pay 
the same toll as other persons. 

Approved^ February 27, 1841. 



la tbrcp, Feb. An ACT to locate a State road therein named. 

27, 1841. 

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

represented in the Geveral Asszmbly, That Luther Birge, of 
Com'rs to lo--^"'''^'^ county, Thomas Hurffand Daniel Belcher, of Peoria 
cate road. county, be and the same are hereby nppoinled commissioners 
to view, survey and locate a State road, from Farminiiton, in 
Fulton count}, to Charleston, in Peoria county, crossing the 
West Branch of Kickapoo creek, at the public bridge, on and 
near the north-east corner of section eighteen, township nine 
north, range five east of the fourth principal meridian. 

Sec 2. The said commissioners, or a majority of them^ 
Time & Jace^'^^'^ meet at Furmington, on the fiist Monday in April next, 
of meetiug;. o^ somc day thereafter, w( ich they shall agree upon; and, af- 
ter being duly sworn, before some justice of the peace, faith- 
fully to disclui'"gc their duties, agreeably to the provi.«;ions of 
this act, shall proceed lo view, survey and locate said road, on 
the nearest and most eligible ground, from point to point, ha- 
Report of ^^"S ^^e regard to private propeity; and shall make return to 
road. the county commissioners"' courts of the several counties through 

which the same shall pass; which return shall be entered of 
record, and filed in the clerk's office; and said road shall be 
a public and State road, and opened and kept in repair as 
other public roads. 

Sec. 3. Said commissioners shall receive such compensa- 

C/ompensa- tion ior their services as the commissioners' courts of the seve- 

"'^" ral counties, through which said road sliall pass, shall deem 

just and reasonable, to be paid out of the several county 

treasuries. 

Approved, February 27, 1841. 



ROADS. 



249 



An ACT to locate and change certain State roads. In force. Feb. 

27, 1841 . 

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

represented in the General Assembly, That Zopher Cas(>, E. Com'rs. to re- 

A. Havdon, and James Burnsidcs, all of the countv of Clinton, 1°'^''''^^ ^^^^ 
J , ,, ,', ..*' .' from Oarlyl© 

be, and they are hereby appointed commissioners to view, to Vandalia. 

survey, and relocate a part of the State road from CarJyle, in 
Clinton county, to Vandalia, viz: To commence at the south 
east corner of P. J. Holcomb's farm, from thence running south 
on the section line to Martin's ferry; from thence south to Le- 
vi Martin's, and from thence to intersect the old road at the Place of meet- 
most convenient point between there and the prairie; commis-icg- 
sioners to meet at Carlyle. 

Sec. 2. That John Sample, Samuel Prooser, and William From Jack- 
Jackson, of Morgan county, be, and they are hereby appoin-®°"''"^. '°'*'® 
., '.. ^ . •" jii C!*.ij auvaisterre 

ted commissioners to view, survey and locate a ^tate road com- creek. 

mencing at a point in the original plat of the town of Jack- 
sonville, where Court street terminates, and continuing east on 
the same line with Court street forty- feet in width until the 
same roaches a point directly south of Phillips' bridge on the p],.^ceofmggi. 
Mauvaisterre creek, and from thence north to said bridge; ing. 
commissioners to meet at Jacksonville. 

Sec. 3. That a portion of the State road leading from From Pales- 
Palestine to Vandalia, be altered and relocated, viz: Begin- jj;^ '° ^'^°'*'>" 
ning at the west end of Grand Prairie street, in Palestine, 
thence due west about one hund"ed rods, thence a north-west 
direction to the south-east corner of the north-east quarter of 
section number thirty-three, township seven north, range 
eleven west, one half mile, intersecting the road as at present 
located, and the county connmissioners' court of Crawford 
county shall cause said road to be opened and kept in repair 
as other State roads are required to be, and that part of said 
road from Palestine to the place where the re-located portion 
strikes the said road, be, and the same is hereby vacated. 
The county surveyor shall run the same out, and return a plat 
thereof for record. 

Sec. 4. That John White, Daniel Pike, and Isaac Hill, of From Jack- 
Morgan county, be, and they are hereby appointed commis- q "^"^ -ii ^ 
sioners to view, survey, and re-locate apart of the State road ° 
from Jacksonville, through Oxvillc, Phillips' ferry to Griggs- 
ville, viz: Commencing at James Morrison's, near Oxville, 
thence to Phillips' ferry; also, to re-locate a part of the State 
road, running from Winchester, through Bloomfield, to Na- pj^^^.^ ^j-^j^gj, 
pies, viz: To commence at James Morrison's, thence to Na- ing. 
pies; commissioners to meet at said Morrison's. 

Sec. 5. That Robert Smith, of Livingston county, and ^'o™ OHverV 
Jacob Shaw and Silas B. Curtis, of McLean county, be, and ^{^ 
they are hereby appointed commissioners to view, survey and 
locate a Slate road, viz: Commencing at or near Oliver's 
Grove, in Livingston county, thence to Indian Grove, in said 
county, thence to the town ot Pleasant Hill, in McLean 
county, thence to the town of Lexington, in said county, 



ROADS. 

thence to Peoria, by way of Clarksvillo, Bowling Green, Ver* 
Place of meet- gjjiigg ^^^ Washington: commissioners to meet at Oliver's 

Grove. 
From Sh lb - ^'^*^' ^' ^^^^ ^^ ^^^5 entitled "An act to locate a State 
Tille toChica-road from Shclbyville, in Shelby county, by way of Urbana, 
go- in Champaign county to Chicago," approved, February 

seventh, one thojsand eight hundred and thirty-seven, be, and 
the same is hereby revived, and that Wil'iam Purvis of Shel- 
by county, and William Rock and Noah Bix!er,of Cht'mpaign 
county, be and th^y are hereby appointed commissioners, to 
carry out the provisions of the act above referred to, in all 
respects, to terminate said location at the Sugar Grove, at the 
Place of meet- north-east corner of Champaign county; commissioners to 
ing. meet at such point as may be agreed upon. 

From Jones- Snc. 7. That Samuel flunsackcr, George Hunsacker, and 
bro'to Run- William C. Whitlock, of the county of Union, be, and they 
rung a e. ^^^ hereby appointed commissioners to view, survey and re- 
locate so much of the Willard's ferry State road as lies be- 
tween Jonesboro' and Henry Cruse's r.iill-racc, and so much 
thereof as lies between Caleb Truse's house and the Running 
Lake; said commissioners shall state in their report to the com- 
missioners' court of Union county, whether in their opinion 
the re location will make the road shorter and better, and if, 
in their opinion, the same will be shorter and belter, the com- 
missioners' court shall by an order or record declare the said 
re-location a puWic State road, and shall cause the same to be 
opened and kept in repair, and all such parts of the present 
road as shall be left out in such relocation, shall be vacated 
whenever the relocated parts thereof shall be opened. 
FromHillsbo- ^^*^' ^' ^^^ commissioners appointed at the last session of 
ro' to Shelby- the General Assembly to locate and cstal)lish a State road 
ville. fj-Qpfj Hillsboro' to Shelbyville, via Audubon, having failed and 

neglected to perform their duty in lo'^-ating said road, Phillip 
Curlucand Thomas Gray, of Montgomery county, and John 
Tacket, of Shelby county, be, and they are hereby appointed 
commissioners to view, survey and locate said road and carry 
Place of meet- ^^^ ^^® provisions of said act, making Audubon and Craddock's 
ing. mill, points in locating the same; commissioners to meet at 

Hillsboro'. 
From Decatur Sec. 9. That Joseph Spangler, Elisha Query, and Henry 
to Sidney. Yorger of , be, and they are hereby ap- 

pointed commissioners to view, survey, and re-locate a part of 
the State road from Decatur to Sidney, viz: So much of said 
road as lies between where said road crosses the section line 
north-east of Guy Helm, running west from thence until it pas- 
ses said farm of Guy Helm, from thence on the nearest and 
best route to Decatur, doing as little damage to improved lands 
Place of meet- as practicable; commissioners to meet at such point as may 
'og- be agreed upon. 

Sec. 10. That Samuel Brown, James Scott, and Thomas 



ROADS. 



251 



D. Moore, of Macoupin county, are hereby appointed com-F."^"™ ^?,.., 

4 • J 1 ^„^^ ' i r *u oj i ville to Hills- 

missioners to view, survey, and relocate a part of the State 1^^,^, 

road from Carlin ville to Hillsboro', viz: To commence and leave 

the present road at the top of the hill east of the bridge across 

Macoupin creek, and thence run on a line as near as possible 

to the north corner of Honey creek meeting house lot, thence 

due east until it intersects the old road near the north-west 

corner of Thomas Carr's farm; commissioners to meet at such ij^^^^° ™*^ ' 

point as may be agreed upon. 

Sec. 11. That Jacob Malerrjand Charles Hutchinson, of From Mc- 
Hamilton county, and David Kinsaul of Gallatin county, be, J-e^nsboro' to 
and they are hereby appointed commissioners to view survey ^^^',1^^ 
and locate a State road from McLeansboro', in Hamilton 
county, to Bear creek bridge, and the road from said bridge to 
Shawneotown, as now located and established, is hereby ^c- p],^^^^^!-^^^^,^ 
clared a State road four rods wide; said commissioners toing. 
meet at McLeansboro'. 

Sec. 12. That L. E. Courtright, J. K. Hodge and James j^^ ^^^1^^ ^.^^ 
Kelly, of Coles county, be, and they arc hereby appointed 
commissioners to vicw^, survey and re locate so n.uch of the 
State road in said county as lies between the house of J. K. 
Hodge, and one half mile cast of L. E. Courtright, on the most 
eligible ground /or a permanent road: Provided^ The said L. ProTiso. 

E. Courtright will be at the expense of said new survey and 
location, a plat of the same to be returned to commissioners' 
court of Coles county, to be recorded and filed. 

Sec. 13. That the county road leading from the town ofFmmLeRoy 
Le Rny, in the county of McLean, to the town of Lexington, ^o Lexington, 
in said county, be, and the same is hereby declared a State 
road four rods wide. 

Sec 14. That Eli Barnes, John Easterbrook, and Jesse C. From Ottawa 
Kellojgg, be, and they are hereby appointed to view, survey and "* ° * 
locate a State road from Ottawa in La Salle county, thence 
northerly through Saminack timber, Sugar Grove, to Syca- 
more, the county seat of De Kalb county, thence by Genoa 
post-office, to Belvidere, the county seat of Boone county, 

thence to the State line in a direction to Midison, the seat of ni /■ 

r^ p txr- • m • • • . Place ofmeft 

tjrovernment ot VVisconsm lerntory; commissioners to meeting. 

at Ottawa. 

Skc. 15. That Martin Ciillet, be, and he is hereby author- Ka=ka3kia 
ized and permitted to make an ali;erati(»n in the roads at or '"oad »J'ere<* 
near his house, viz: To alter and re-locate the Kaskaskia 
road west of his house so as to intersect the Carlyle road at or 
near the north- w^est corner of his house, making a gradual and 
neat curve in the road so altered west of his house, and on 
opening and putting the new located road in good order, the 
Kaskaskia road from the curve west of the house to the pre- 
sent intersection with the Carlyle road at or nearNeal Eliot's 
shall be annulled and vacated, said Gillet shall cause the .^ame 
to be surveyed, platted, and returned to the commissioners' 
court of the county to be recorded and filed. 



252 



ROADS. 



S'^M^r^'^-n ^^^' ^^' "^^^^ ^'^^^^ Wjdick, William Wardal, Jr., and 
point.^'^""^^^ El's'^^^ Freeman, be, and they are hereby appointed commis- 
sioners to view, survey, and locate a State road commencing 
at Decatur, in Macon county, thence to Monnt Auburn, in 
Christian county, thence to Macoupin Point, and to intersect 
Place of meet- ^'i^ Springfield and Alton road, at Oi' near said point; com- 
ing, missioners to meet at Uecatur. 

FromMt.Ver Sec. 17. That Nathan Clampet, J.mies Bowdiere, of 

non to Jellerson county, and John Mayfield, of Jackson county, be, 

Brownsvil.e. ^^^ ^^^^ ^^.^ hereby appointed commissioners, to view, survey, 

and locate a State road from Mount Vernon, in Jefferson 

county, to Brownsville, in Jackson county, said road to be lo- 

Ciited on the old county road from Mount Vernon to where 

said road runs in the Horse prairie, thence to Kiikpatiick's 

bridge across Little Muddy river, and from thence the nearest 

Place of meet- jji^^j ,^^q3j_ eligible route to Brownsville; commissioners to meet 

*"^' at Mount Vernon. 

From Geneva S'<:c. 18. That Wall'ice Ilotchkiss, Lyman German, and 

to Warren- Simeon McKinlcy, all of Kane county, be, and they are hcre- 

ville. ^y appointed commissioners to view, survey and locate a State 

road from Geneva, the county seat of Kane county, to War- 

renville, in Du Page county; commissioners to meet at Ge- 

nevi. 

Na°u™oo'."' *° ^'''^- 1^- ^^^""^ ^^"^^ Williams, Eli D. Walker, and T. E. 
Fox, of Hanceck county, be, and they are hereby appointed 
commissioners to view, survey, and locale a State road from 
Lima, in Adams county, to Green Plains post-office, and from 
thence to Nauvoo, in Hancock county; and also, a State road 
Irom said Giecn Plains post-office, to the town of Warsaw, in 
said county of Hancock; commissioners to meet ut Wariaw. 
From Fayette Sec. 20. That Harvey Lee, Sen., and Thomas Coopci', of 
to Majsville. Payette county, and William Aldridge, of Clay county, be, 
and they are hereby appointed commissioneis to view, survey, 
and locate a State road from a suitable point on the road lead- 
ing to Maysville on ori;car the Four mile prairie, thence to the 
south li le ot section eleven, township six north, in range three, 
cast of the third principal meridian, thence the nearest and 
best way to Louisville, in Clay county; commissioners to meet 
at John Haley's in Fayette county. 
Com'rs.sworn Si;c. '21. The commissioners appointed to locate, re-locate 
and establish the several roads and parts of roads in this act 
named, shall, previous to entering upon the discharge of the 
duties assigned them, be sworn before some judge or justice 
of the peace of the State, faithfully and impartially to perlorm 
the duties required of them by this act, and they shall en- 
deavor to locate said road< from point to [loint given, on the 
nearest and mo*t eligible route for permanent roads, doing as 
little damage to private prr petty as the nature of the case 
will permit, keeping in view the public good. 
Reports to be Sec. '22. Said commissioners shall make out a report and 
filed. plat of the roads so by them established, and return the same 



ROADS. 253 

to the county commissioners' court of that part lying and be- 
ing in each county, giving the courses and di^tanres, which 
shall be recorded and filed. All the roads and parts of roads 
authorized by this act, shall be four rods wide, unless otherwise 
stated. 

Sec. 23. The compensation to commissioners shall be one Compen^a- 
dollar and fifty cents per day, surveyors two dollars, chain and ^^^"^ o'the^™''^* 
axe-n-iCn sevent)'-five cents for each and every day necessarily 
employed in the discharge of the duties herein required, lo 
be paid out of the county treasuries upon the order of the 
county commissioners' courts respectively, apportioning the 
whole amount to the extent and distance of road in the coun- 
ties. 

Sec. 24. The commissioners herein appointed shall com- Time of ]oca- 
mcnre and attend to the duties enjoinod so soon as practicable '^°° of roads, 
after the passage of this act, and shall complete the same pre- 
vious to the first Monday of September next. 

Sec. 25. The county commissioners' courts of the several Roads to be 
counties interested, shall cause the roads herein established to ^^?^ i° repair 
be opened, worked anJ kept in repair a^ far as the labor tax 
and finances will permit. 

Approved, February 27, 1841. 



An ACT to amend ''An act an;horizing tlie county commissioners' court 

to consiruc.t certaia roads in Greene county." In force Feb.. 

27, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
rep?'estnted in the Gtupral Assembly, 'Ihat the county com- Com'rs. to re- 
missioners of Greene county may, if in their opinion tne pu b- view roads, 
lie good requires it, appoint three suitable persons, as commis- 
sioners to review and relocate so much of the roads leading 
from While Hall and Carrollton, to Newport, on the Illinois 
river, as runs on the land of Stephen W. Spencer: Fruvided, 'Proviso . 
That no change shall take place in said roads until the said 
Spencer shall at his own expense, make all that part of said 
road, so changed, and until the same is accepted by the coun- 
ty commissioners of said county. 

Sec. 2. If the said commissioners shall report against such r> 
change, the said Spencer shall pay all the expense of said how paid, 
review. Appj-oved, February 27, 1841. 



An ACT to establish a State road, from York, in Clark county, to VVa'.er- 
ton, in Clay county. 

' J J In force, Feb. 

Sec. 1. Be it enacted by the People of the State of Illinois, ^^' ^^^• 
represented in the General Assembly, That J. B. Richardson, of 
the county of Clark, Joseph Picquetand Benjamin Eaton, ofComVs to 1»- 
the county of Jasper, be and they are heieby declared com- '^'^^^ '■°^^' 
missioners to view, mark and locate a State road, beginning at 



254 noADS. 

the town of York, in Clark ccmty; thence to Williams' mill, 
on the North Fork of the Embarrass river; thence to !St. Ma- 
rie, in Jasper county, and ihencp to Waterton,in Clay county, 
where it will intersect the Vincennes and tSt. Louis turnpike. 
Sec. 2. Said comrnijsioners, or a majority of them, shall 
Time & place meet at York, on the hrst Monday in April next, or as soon 
of meeting, thereafter as practicable; and after being duly sworn, by some 
justice of the peace, faithlully to periorm the duties required 
of them by this act, shall proceed to locate said road, avoiding, 
as much as practicable, the injury of private property. 

Sec. 3. Said commissioners shall, within twenty days af- 
Report of ter ha,ving located said road, make a report, in wridng, to the 
road. county commissioners' courts of the respective counties 

through which said road shall pass; and sa:d report shall form 
a part of the records of said courts. And the said road, thus 
laid out, shall be considered a public highway of this State; 
and the county commissioners' courts of the several counties 
through which said road passes, shall cause said road to be 
opened and kept in repair as other State roads are. 

Sec. 4. The county commissioners' courts of the several 
Compensai'n. counties through which said road may pass, shall allow said 
commissioners a reasonable compensation for their services, in 
proportion to the length of said road in each couuty. 

' Approved, February ^11 , 1841. 



In force Feb ^^ ACT to re-locate a part of the State road from Carmi to Mt. Cnrmei. 

' * Sec 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, 1'hat Powhatan H. Bag- 
well and James Kennedy, of Wabash county, and William H. 
cat™ road ''" Coles, of Edwards county, be and they are hereby appointed 
commissioners to review and relocate so much of the State 
road, leading Irom Carmi to Mt. Carmei, as lies between 
Grayville, in White couniy, and the bridge across Bon Pas 
river. 
Time &- place Sec. 2, The said commissioners, or a majority of them, 
of meeting, gjjy^jj j-j-jgg^ y^^ Grayville, on the first Monday in June next, or 
To be sworn, some day thereatter; and alter being duly sworn, by some 
justice of the peace of White county, failhiully to locate said 
road, taking in to consideration the most eligible route and the 
most eligible place for crossing Mud creek, between the 
points specified in the first section of this act, shall proceed 
to make said location, marking the trees through the timber, 
Report «fe plat and return a survey and plat thercoi to the county commis- 
sioners' court of Edwards county, which shall be recorded by 
the clerk thereof. 

Sec 3. After said re-location shall have been made, and the 
plat and survey thereof returned, the county commissioners' 
court of Edwards county are hereby required forthwith to 



ROADS. *25^ 

m! ' 

cause the said road, thus located, to be opened and kept in re- 
pair as other State roads are required to be; and the road, as ^^^^ vacated 
now located, shall be vacated. 

Approved, February 27, 1841. 



An ACT changing part of the State road froui Monmouth to Illinois city, 
and legalize the location ol" a State road from Vveathersfield to Farm- 
inffton. In force, Feb. 

27, 1841. 

Sec. 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That Hambleton hrown- 
lee, Lazarus H. Haskell and Charles H. Punie, ot" Warren coun- Com'rs to re- 
ty, be and they are hereby appointed commissioners to view, locate, 
mark and relocate so much of the State road, leading trom 
Monmouth, Warren county, to Illinois city, in Rock Island 
county, as lies in Warren county, begmning about the centre of 
section number (26) twenty-six, township number twelve north, Location of 
range three west, or the bridge over Cedar creek, and running 
thence, on the original ground, with the variation ol a lew pules, 
to the south-east corner of section fifteen, same range and town- 
ship; thence, due north one and three quarter miles, on the 
section line ; thence, north-west, to Henderson bridge, on 
section three, township twelve north, range three west, so 
that the angle may be made on the timber land. 

Sec. 2. The above named commissioners shall meet at the Time & place 
house of Arthur McJ'arland, Esq.; and after being first duly of meeting, 
sworn, shall proceed to review and relocate said road, on the 
route above described, as near as may be, and make return 
thereof, in writing, to the county commissioners' court of 
Warren county, to be filed by the clerk of said court. They Pay of com'rs. 
shall be allowed such reasonable compensation as the county 
commissioners may think proper and reasonable. 

Sec 3. That a road, authorized by law to be located and j^^^j ^j.^,,, 
established, from Farmiugton, in Fulton county, via Roches- Farmingtou 
ter, Lafayette, Wcatherstield, to Richmond, in Henry county, ^o Richmond 
which road was located as far as Wcatherstield, Irom Farm-^*'" ^^ 
ingtoQ to Weathersfield, is hereby fully estabhsheJ — as lully 
as if located the whole route. 

Approved f February 27, 1841. 



An ACT to locate a State road therein named. ,„ ,. r,, . 

In lorce, reb^ 

Sec. 1. Be it enacted by the People of the Slate of Illinois, " ' 
represented iii the General Assembly, That Joseph Classen, 
\V illiam Paiks and William Manning, of Shelby county, be and com'rs to lo- 
they are hereby appointed commissioners to view, mark andcaterond. 
locate a State road, as follows, viz: Commencing at the town 
of Richmond, in Coles county, passing through Wabash Point, 
at or near the town of Paradise; thence, through Shelby coun- 



256 SCHOOL COMMISSIONERS. 

ty, to the north-west corner of Effingham county,where it will 
intersect the State road Irom JShelbjville, in Shelby county, to 
Vandaiia, in Fayette county, at or near the house of Joseph 
Classen; said road to be laid out on the nearest and best 
ground, having due regard to private property. 

Sec. 2. Said commissioners, after viewing and marking 

P t f °"* ^'^^^ road, shall report the same, together with a descrip- 

road. tion thereof, under their hands, to the county commissioners' 

court of Shelby county, or so much as may lie in said county, 

on or before the first term of said courts, respectively, after 

said view, and the number of days they arc necessarily em- 

Compensat'n ployed in each county; and they shall be paid by each county, 

of cora'rs. in proportion to the time employed. The said commissioners 

may employ a suthcient number of hands to assist them in the 

location of said road, together with the commissioners shall 

receive such compensation as the county commissioners may 

deem reasonable and just. The said road, when viewed, 

marked and reported, shall be deemed a Slate road, and kept 

in repair as other State roads are. 

Sec. 3. The said commissioners shall, on or before the first 
Time & place Monday of April next, or within three months thereafter, meet 
o'eeiing. ^^ ^^^ house of Joseph Classen, and thence proceed to lay out 
said road, as is directed by this act. 

Sec. 4. Any two of said commissioners, after having been 
Majority may duly sworn, by some justice oi the peace, may proceed to lay 
locate road. Qy|. g^^j^j j-oad, and make their returns accordingly. 
Street b 1- ^^^' ^' ^^^ streets, in the out-lots, so called, of the town 
iflhed, ' of Vandaiia, be and the same are hereby abolished. 

Approved^ February 27, 1S41. 



An ACT to compel the School Commissioner of Cook county to pay over 
, , _ , certain moneva to the School Commissioners of Will, Du Page, M'deury 

In force, Feb. «,.,i r.nt.nn.m.i^s. 



17, 1841. 



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

represented in t/ie General .Assembly, That the school commis- 

8 h I C ' sio^cr of Cook county shall, upon demand, pay over to the 

of Cook CO. to school commissioners of the counties of Will, Du Page, M'Hen- 

pay over mo- rv and Lake, so much of the money heretofore received from 

nejs. ^^Q Auditor, for interest on school, college and seminary funds, 

as, by the census of one thousand eight hundred and forty, 

they are entitled to. 

Approved^ February 17, 1841. 



SCHOOL FUND. 257 

An ACT authorizing School Commissioners to convey land in certain cases. 

In force Feb. 

Sec. 1. Be it enacted by the People of the State of Illinois, ^^' ^**^- 
represented in the General Assembly, That whenever any deed p ^^ I 
of conveyance has been or hereafter shall be n-iade to any and ho'w made 
commissioner of school lands or school commissioner of any 
county, or to any treasurer of any township or agent of any 
township, by any sheriif, coroner or other officer for any lands 
which may have been mortgaged to secure the payment of 
any sum or sums of money loaned out of the school fund be- 
longing to such county or townsinp, and which have been or 
may hereafter be purchased in the name of such school com- 
missioner, commissioner of school lands, or township trea- . 
surer or agent, upon the foreclosure of such mortgage or 
mortgages, it shall be lawful for such school commissioner, 
commissioner of school lands, treasurer or agent, or his sue- (.Qj^jjj^ggjjjjjgi. 
C3ssor in office, to convey the same, by quit claim deed, to or agent may 
any person or persons who will pay into the school fund of convey land, 
such county or township, the amount for which the same were 
purchased, witli interest thereon: Provided, In his opinion the Proviso, 
interest of the school fund would be promoted by so doing; 
and such deed shall convey to and vest in the person or per- 
sons to whom, the same is made, his heirs and assigns, all the 
estate and interest that the said school commissioner, commis- 
sioner of school lands, treasurer or agent, and the school fund 
of such county or town had, have, or could have, by virtue of 
such mortgage or mortgages, and such sale, by the sheriff, cor- 
oner or other officer, in the premises so contained in such deed. 

Approved, February '25, 1841. 



An ACT in relation to the School Fund. jn f^rce Feb. 

Sbc. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the collectors of the „ 
several counties in this State be, and they are hereby author- pa„ ^^er mo- 
ized and required to pay to the school commissioners of their ney. 
respective counties the amount due such counties, respectively, 
on account of interest on the school find, upon the presentation 
of the proper warrants therefor. 

Sec. 2. And if said collectors have not money sufficient to Part payment 
pay the amount due on the Auditor's warrant, then he shall ™y^®^°'^°^' 
pay whatever amount of money he may have in his hands, jam. 
and endorse the same on said warrant; and the receipt of the 
school commmissioner shall be a sufficient voucher for the col- 
lector, in his settlement with the Auditor. 

Approved, February 17, 1841. 



17 



258 SCHOOL LANDS SCHOOLS. 

An ACT to sell the school section in township fourteen north, of range eight 
In force Feb. *^^"' of the fourth principal meridian. 

27, 1841. 

Sec. 1. Be it enacted by th"- People of the State of Illinois ,. 
represented in the General Assembly^ That the school commis- 
. . sioner of the county of Bureau is hereby authorized to sell all 
:o soil land. "^ ®'' ^uch part of the sixteenth section, in township fourteen 
north, of range eight east of the fourth principal meridian, as 
three-fourths of the qualified voters of said township may re- 
quire, by petition, in writing, notwithstanding that the number 
of inhabitants may be less than now required by law; the sale, 
in all other respects to be in accordance with the present law. 
C. Bojd may ^^^^ jj^ jg hereby expressly provided that Charles Boyd may 
'"" ^^' purchase, at valuation, in forty or eighty acre lots, so much of 
said school section as may include any part of his improve- 
ment — the valuation to be made in such manner as if no im- 
provement was made thereon. 

Sec. 2. That the county commissioners' court of said coun- 
Valuaiion. ty are hereby authorized and required to appoint three suita- 
ble and discreet persons, neither of whom shall reside^ in said 
township, who shall value said school section, in the room and 
stead of trustees of townships, as now required by law. 

Approved^ February 27, 1841. 



An ACT organizing a school district in Vermilion^county, and authorizing 
In force Feb the sale ot school laiids therein. 

Sec. 1. Be it enacted by the People of the State of IllinoiSf 
represented in the General Assembly, That all that part of 
District ot- town nineteen, situated in range ten, in Vermilion county, be 
gamze . ^^^ ^^^ same is hereby attached to and shall Ibim a part of 
the school district situated on range eleven, town nineteen, in 
said county; and shall be subject to all the rules and regula- 
tions and enjoy all the privileges and advantages which by law 
the school district situated in range eleven is now subject to or 
enjoys. 

Sec. 2. That the school commissioner of Vermilion county 
Commissioner jjg g^J^^ jg hereby authorized to sell all the school lands situ- 
te/l "anda. *° ^^^^ ^^ range ten, town nineteen, in said county, upon the 
presentation to him of a petition, containing the names of four- 
fifths of the legal voters of said range ten, town nineteen, sig- 
nifying their willingness and desire to have the same sold. 

Sec. 3. That said school commissioner shall be governed 
in all respects in the sale of said school land as now governed 
in the sale of other school lands in said county. 

Sec. 4. That the fund arising from the sale of the school 

FantI how land, situated in range ten, shall be used for the benefit of the 

BBed. school district, composed of ranges ten and eleven, in town 

nineteen, so long as the said ranges shall compose one school 

district, and no longer. 

Approvedt February 19, 1641. 



SCHOOLi. W^ 

An ACr to amend an act to incorporate the Hambleton Primary School. 

In force Jan. 
Sec. 1. Be it enacted by the People of the State of Illinois, ^» ^^*- 
represented in the General Assembly^ That it shall be lawful 
for the trustees of the Hambleton piimary school, in Jersey Trustees fo 
county, to sue for and recoverall monies which may have been Buefor monie* 
donated by Silas Hambleton for school purposes, which have °°' ^^^ 
not been paid over according to the provisions of the act to 
which this is an amendment. This act to take effect and be 
in force from and after its passage. 

Approved, January 7, 1841. 



An ACT making provision for organizing and maintaining Common 

Schools. In force Jolj 

1, 1841. 

S EC. 1 . Be it enacted by the People of the State of Illinois, re- 
presented in the General Asstmbly, That for the purpose of 
establishing and sustaining common schools throughout the 
State, and taking care of and using the resources of the State 
held for purposes of education, the following sections and 
provisions shall take effect as the law of this State, on the 
first day of July next: 

FIRST DIVISION. 

Common School lands — their protection and preservation* 

Sec. 2. That section number sixteen in every township 
granted to the State, by the United States, for the use of the 
inhabitants of the townships for the use of schools, and such 
sections and pans of sections as have been or may be grant- a i, » i ii« 
ed as aforesaid, in lieu of section sixteen, and also (he lands 
which have been or may be selected and granted as afore- 
said, for the use of the inhabitants of fractional townships in 
which there are no section numbered sixteen, or such section 
shall not contain the proper proportion for the use of schools 
in such fractional townships, shall be held and considered as 
common school lands, and the provisions of this act referring 
to common school lands, shall be deemed to include and ap- 
ply to the lands aforesaid. 

Sec 3. The said common school lands shall be under the 
general superintendence and care of the county commission- gjj^^^gVJ'n ^f 
ers of the several counties in which the same, or the greater county com'r* 
part thereof may be situated, and when any township lias 
partly in two or more counties, the business of the township, 
so far as relates to the common school lands, shall be trans- 
acted in that county which contains the greater portion of 
the said lands. 

Sec. 4. The county commissioners* court in each county, 
«hall, as soon as may be after the passage of this act, ap* 



S6l) 



SCHOOLS. 



Appointment 
of trustees 



Trustee?, bo- 
dy politic 



Powers. 



Treasurer 
srive bond 



Action a- 
gainst 



All monies to 
be paid to 
school com'rs. 



TruBtees to 
make report 



point three trustees in each township, to be called the "Trus- 
tees of School Lands" ot said township, who shall be inha- 
bitants iind legal voters of ihe township, and whose appoint- 
ment shall continue for four years, and until successors are 
appointed and qualified. 

Sec. 5. The said trustees shall be a body politic and cor- 
porate, and nnay sue and be sued by the name and descrip- 
tion aforesaid; the said trustees before entering upon the du- 
ties of their appointments, shall take an oath before some otfi- 
cer authorized to administer the same, well, and truly and faith- 
fully to execute the duties of trustees of school lands, accor- 
ding to law, agreeably to the best of their judgment and un- 
derstanding. 

Sec. 6. The said trustees shall be vested with the follow- 
ing powers, viz: to appoint a treasurer and require him to 
perform the duties of clerk, and such other duties as may be 
imposed by law, or any order of the trustees; to receive by 
deed or otherwise, and hold for the use of any school or 
schools in the township, any real estate, personal property, or 
money, which may be conveyed or delivered lo them for the 
uses aforesaid. 

Sec 7. Every treasurer appointed under the provisions of 
the foregoing section, shall, before entering upon the duties 
of his appointment, execute a bond v^^ith good security, pay- 
able to the said trustees by their corporate name, in a penal- 
ty to be fixed by the trustees, conditioned that he will faith- 
fully discharge all the duties of his appointment according 
to the laws now or hereafter to be in force; the security shali 
be approved by the trustees, and the bond shall be deposited 
with and kept by the school commissioner of the county, and 
for any breach in the conditions thereof, an action mdy be 
maintained against the obligors jointly or severally, and re- 
coveries may be had thereon until the whole penalty shall be 
recovered. 

Sec. 8. The trustees shall cause all monies collected or 
obtained for rents, or recovered for trespasses, or which may 
otherwise come to their hands for the use of the township to 
be paid over to the school commissioners of their respective 
counties, to be applied to the support of schools as hereinaf- 
ter required. 

Sec. 9. The trustees shall render an account of their re- 
ceipts and disbursements annually, to the county commission- 
ers' courts of their respective counties, and on failure to do 
so shall be liable jointly and severally out of their own estates 
for all monies which may come to their possession, and joint 
or several actions naay be maintained in ilje corporate name 
of the township, for the recovery thereof; such action to be 
prosecuted under the direction of the county commission- 
ers' court. 



SCHOOLS. 301 

Trespassing upon Common School Lands. 

Sec. 10. If any person shall, without being authorized, 
cut, fell, box, bore, destroy or carry away any black or white™ 



ass on 



walnut; black, white, yellow or red oak; white wood, poplar, jands 
wild cherry, blue ash, yellow or black locust, chesnut, coffee, 
or sugar tree, orsaplingstanding, growing, or lying upon any 
comnnon school land, such person shall forfeit and pay for 
every tree so cut, felled, boxed, bored, or carried away, the 
sum of eight dollars; and if any person shall, without autho- 
rity as aloresaid, cut, fell, box, b .re, destroy or carry away 
any tree or sapling not herein above enumerated, standing, 
growing or lying upon any common school lands as aforesaid, 
such person shall forfeit and pay for every such tree or sap- 
ling so cut, felled, boxed, bored, destroyed or carried away, 
the sum of three dollars, and the penalties aforesaid shall be 
recoverable with costs of suit, by action of debtor assump- 
sitt, either in the corporate name of the trustees of school ^^"^^^j*' '^' 
lands of the township to which the land belongs, or by action 
quilam, in the name of any person who will first sue for the 
same, one half for the use of the person suing, and the oth- 
er half ior the use of the township aforesaid. When two 
or more persons shall be engag.^d or concerned in the same 
trespass, ;hey shall be jointly and severally liable for the pe- 
nalties herein imposed. 

Sec. 11. Every trespasser upon common school lands 

shall be liable to indictment, and upon conviction, to be fined „" ^,^l"f°* 

' « . ' ,. tor trespass 

in not less than three nor more than six times the amount ot 
injury occasioned by such trespass, and shall stand commit- 
ted as in other cases of misdemeanors; all fines imposed un- '^P^"*'*''*'° 
der the provisions of this section, shall be paid to the school 
commissioner of the county, for the use of the township in- 
jured. 

SECOND DIVISION. 

Election of School Commissioners, and sales of Common 
School Lands. 

Sec. 12. On the first Monday in August next, and on the 

same day every two years thereafter, there shall be elected l^'^i°° °,!!. 
ir-i r I -LCI school com'r 

by the quafined voters oi each and every county m the otate, 

a school commissioner for the said county, who shall be au- 
thorized to execute and perform the duties herein required, 
he shall, before entering upon his duties, execute a bond pay- ^ . \^q^^ 
able to the people of the State of Illinois, with two or more 
responsible freeholders as security, to be approved of by the 
county commissioners' court, in a penalty of not less than 
twelve thousand dollars, and with such increase as the court 
may direct, having regard to the nature and extent of du- 
ties and responsibilities, conditioned that he will faithfully 



962 SCHOOLS. 

perform all the duties of the office of school commissioner 
for the said county, according to the laws now, or which may 
hereafter be in force, by which bond the obligors shall be 
bound jointly and severally for the performance of the con- 
/ ditions thereof, and upon which an action or actions may be 

maintained for the use of any township or fund injured by 
any breach thereof, and joint actions may be maintained 
to the use of two or more funds. 

Skc. 13. The ele».tion provided for in the foregoing sec- 
Election and ^^Q^^ghall beheld and the returns thereof shall be made in con- 
comV* nection with the election of county commissioners, and all 

contests in relation to said election, shall be decided as in 
the cases of contested elections for the office of sheriff or 
coroner. 
Vacancies ^^^' ^^' When any vacancy shall occur in the office of 

how filled school commissioner of any county, the county commission- 
ers' court of such county shall appoint some competent per- 
son to fill the vacancy until the election end qualification of 
another person, the person so appointed, shall give bond with 
security as is required of persons elected to said office: Pro- 
Proviflo. vided, however, That when a vacancy occurs within twelve 
months of the time of the biennial election provided for in 
Term of office this act, the person appointed shall continue in office until 

such election, and the qualification of the person elected. 
„ . , Seo. 15. When any such vacancy L-^hall occur more than 
year before e- *"^®'^® months previous to the time provided for the 
lection • biennial election, the vacancy shall be filled by election as is 
provided in cases of vacancies in the office of county com- 
missioners. 

Sec. 16. The said commissioner shall make sale of the 
Salcj of lands common school land^ held for the use of each township in 
his county, upon the terms, and in the manner required by 
Township ^^^* He shall loan the funds of the township, apply the in- 
funds terest accruing upon township funds to the support of schools, 

and perform such other duties as may from time to time be 
required of him; said commissioner shall also attend to the 
collection of all demands in favor of the several townships 
in their counties, and to the settlement of the accounts of 
trustees, and whenever necessary to the prosecution of suits 
for the recovery of demands in favor of townships, and all 
monies collected shall be faithfully applied, and used as re- 
quired by law. 

Sec. 17. The said commissioner shall execute a new bond 
annually, conditioned as required in the first bond, but the 
boi^Vnnu^^^ ^^^'^"'^^*^'^ °^ ^ ^^^ bond shall not release or impair the lia- 
ally bility upon the former bond existing at, and before the de- 

livery of the new one, 
,^ , , Sec. 18. The said commissioner shall he subiect to remo- 

removed val by the county commissioners' court lor misapplication ot 
the funds, failure to make reports as required by law without 



SCHOOLS. 



26tJ 



a reasonable excuse, failure to execute bond with good secu- 
rity as required by law, or for any other palpable violation of 
law or omission of duty. 

Sec. 19. If at any time the county commissioners' court Additional 
shall have reason to believe that the security of the school*'""'^ 
commissioner is insufficient, by reason of insolvency or oth- 
erwise, said court shall require the commissioner to execute 
another bond with additional security, in such penalty as 
shall be deemed sufficient, conditioned as the first bond, and 
upon failure to give such security the commissioner may be 
removed from office; the execution of a new bond shall not 
affect the old one, or the liability of the security thereon. 

Sec. 20. The said commissioner shall provide well bound „ , n 
books for the following purposes: First. A book in which he ^ord 
shall record at length all petitions presented to him for the 
sale of common school lands, and the plats and certificates 
of valuation made by or under the direction of the trustees 
of school lands, and ali the affidavits in relation to the same. Recordof saJe 
Second. A book in which he shall keep a list of all sales of of land, &c. 
school lands, which list shall contain the date of sale, names 
of purchasers, quantity and description of lands sold, and the 
sum sold for. Third. A book in which he shall keep a regu- 
lar account of money received and paid or loaned out. And 
fourth, A book in which he shall keep a statement of money 
loaned, showing the date of each loan, the person to whom 
loaned, the time for which the loan was made, the rate of in- 
terest, names of securities when personal security is giv- 
en, or in case of real estate, a description of the same, 
which books shall l^e paid for out of the county treasuries of 
the counties in which they are used; the accounts of each 
township and fund, shall be kept separate, as well as the list 
of sales. 

Sec. 21. When the inhabitants of any township shall de- Petition for 
sire the sale of the common school lands of the township, ^^'*^ 
they shall present a petition to the school commissioner of 
•their county, requesting a sale thereof, which petition shall 
be signed by at least two-thirds of the white male inhabitants 
of the township, over twenty-one years of age. The signing 
of the petition must be freely and voluntary, in the presence 
of two citizens of the township, after the true intent and 
meaning thereof shall have been made known and explained 
to each petitioner; when the petition shall have been so 
signed, an affidavit shall be endorsed thereon, or thereto at- 
tached, by the two citizens in whose presence the same was 
signed, proving the signing in the manner aforesaid, and the 
•said petition with the affidavits aforesaid, shall be delivered 
to the commissioner for his action thereon: Provided, That^*"®""® 
no sale shall be made of any whole section of school lands, 
unless the township to which it belongs contains at least fif- 
ty inhabitants. 



264 SCHOOLS. 

Affidavit of Sec. 22. When a petition shall be presented to a school 

in a uanf.8 commissioner for the sale of common school lands as provided 
for in the preceding section, he shall be autliorized to receive 
the affidavits of reputable citizens of the township as to the 
number of white male inhabitants over twenty-one years of 
age, and if it shall appear from such affidavits that two-thirds 
of the whole number have signed the petition, the commis- 
sioner shall proceed to sell the lands as herein required. 
Lands of frac- Sec. 23. School lands granted and held for the use of 

1^°."^ ^I°^u" fractional townships, may be sold when tlie number of inha- 
snips raav be . , r • i i • ■ n i i 

sold. ' bitants in such fractional township shall bear as large a pro- 
portion to the quantity of school lands granted, as the num- 
ber of fifty bears to an entire section of land. 

Sec. 24. When the requisite petition and affidavits have 
Snbdivisionof^>een furnished to authorize a sale of common school land, 
lands. the school commissioner shall notify the trustees of school 

lands thereof, and said trustees shall immediately pro- 
ceed to subdivide the said lands into tracts or lots, in such 
* form and quantity 3S will best suit purchasers, and produce 

the largest amount of money; and after making such subdi- 
vision, a correct plat of the same shall be made, representing 
the whole land, and the divisions thereof, with each lot num- 
bered and marked, so as to enable purchasers to identify the 
. same, and so as to perpetuate the boundaries thereof. The 

Vauation. trustees shall then fix a value upon each lot; having regard 
to the terms of sale, and attach to the plat a certificate veri- 
fying the correctness of the plat (stating the value of each 
lot per acre, or by the lot in case the lot contains a less quan- 
tity than one acre) and referring to and describing the lots 
in the certificate, so as to fully and clearly distinguish and 
identify each lot; which plat and certificate shall be deliver- 
' ed to the school commissioner, and shall govern him in ad- 

vertising and selling said lands. 

Sec. 25. In subdividing common school lands for sale, no 
No lot more lot shall contain more than eiglnty acres, and the division 
than 80 acres, may be made into town or village lots, and streets, alleys,' 

and roads, rnay be laid out by the trustees through any of 

Laid out in such lands, for the public accommodation, and such streets, 

}ot8& streets, alleys aiid roads, being marked and laid down upon the plat 

of the land, shall be sufficient evidence of the dedication 

thereof; and where common school lands have heretofore 

been divided into lots, with streets, alleys and roads passing 

Streets public tij^ough the same, such division shall be deemed legal, and 

^jgiw,i}s. ^Y^Q streets, alleys and roads so laid out are hereby declared 

public highways. 

Sec. 26. The terms of selling common school lands shall 
InTuih! ^^^"^ ^^^ ^^ ^''^ highest bidder for cash, with the privilege to each 
purchaser to borrow the amount of his bid for any period not 
less than one, nor more than five years, upon his paying in- 
terest, and giving security as in the case of money loaned. 



k SCHOOLS. 265 

Sec. 27. The place of selling common school lands shall Lands to be 
be at the court house of the county in which the land is situ- house^' ^°^^ 
ateu, and upon the reception hy the school commissioner of 
the plat and certificate of valuation of school lands from the 
trustees, he shall proceed to advertise the said land for sale, 
or lots as divided and laid off by the trustees, by posting no- Advertise- 
ticcs thereof in at least six pubhc places in the county, forty ment. 
days previous to the day of sale, describing the land, and 
stating the time, place and terms of sale; said notice shall also 
be printed and published four weeks in a newspaper printed 
in the county where the sale is to be made, if there be any 
such paper, but if no newspaper is published in the county, 
the sale shall be made upon posting the notices as aforesaid: 
Provided, however, That notices of such sales may be publish- p^Q^-g^ 
ed in any newspaper having general circulation in the coun- 
ty, if in the opinion of the commissioner, such notice will 
produce competition in bidding, or enhance the amount of 
sales. 

Sec. 28. The order of sale shall be according to the num- Order of sale, 
bers of the lots, beginning with the lowest number, and pro- 
ceeding regularly until the whole are sold or offered; no lot 
shall be sold for less than its valuation by the trustees; sales 
shall be made between the hours of ten o'clock, A. M. and 
six o'clock, P. M., and may be continued from day to day un- 
til completed; the lots shall be offered separately, and each 
lot cried a sufficient length of time to enable all who desire to 
bid. Each purchaser failing to comply with the terms of sale, 
shall be bound to pay the difference between his bid and the 
price for which the lot may be sold. 

Sec. 29. Upon the closing the sales on any day, each pur- When lands 
chaser shall pay or secure the payment of the purchase mo- considered 
ney according to the terms of the sale, or in case of his failure 
to do so by ten o'clock of the succeeding day, the lots pur- 
chased shall be again offered for public sale, on the same 
terms as before, and if the valuation shall be bid, shall be 
stricken off; but if the valuation is not bid, the lot shall be set 
down as not sold; if a sale is made, the former purchaser shall Former pur- 
be required to pay the difference between the price sold for chaser to pay 
and his bid; if a sale is not made he shall be required to pay ^ ^'e'^ce. 
the difference between his bid and the valuation of the lot; 
and in case of his failure to make such payment, the school 
commissioner may forthwith institute an action of debt or 
assumpsit, in favor of the trustees of school lands of the town- 
ship foi' whose use the land was sold, lor the sum required, Act'n against 
and upon making proof of the facts shall be entitled to judg- purchaser, 
ment with cost of suit, and if the amount claimed shall not ^ 

exceed one hundred dollars the suit may be before a justice 
of the peace, but if more than that sum the action shall be in 
the circuit court of any county wherein the party may be 
found. M 



266 SCHOOLS. 

School lands g^^,^ 39. AH land3 not sold at public sales as herein pro- 
private sale, vided for, shall be subject to sale at any time thereafter at 
valuation, and commissioners are authorized and required 
to sell all such lands at private sale upon the terms at which 
they were offered at public sale. 
Record of ^^^' ^^' Upon the completion of every sale by the pur- 
sales, chaser, the school commissioner shall enter the same on his 
sale book, and shall deliver to the purchaser a certificate of 
purchase, stating therein the name and residence of the pur- 
chaser, describing the land, and stating the price paid there- 
Certificates, for, which certificate shall be evidence of the facts therein 

stated. 
Statement of ^^^' ^^* ^^ every regular term of the county commis- 
eales, &,c, sioners' court, each school commissioner shall present to the 
court of his county, the following statements: First, A state- 
- nf>ent shewing the sales of school lands made subsequent to 

the preceding term of the court, which statement shall be 
copied from the sale book, and contain all the facts required 
to be stated in said book. Second: Statements of the amount 
of money received, and paid, and loaned out, belonging to 
each tovrnship or fund, under his control, the statement of 
each fund to be separate. Third: Statements copied from 
his loan book, showing all the facts in relation to lands which 
are required to be stated in the loan book. 
Certificate of S^c. 33. The said commissioner shall also at the times 
**®' aforesaid, transmit to the Auditor of Public Accounts a full 

and exact transcript from his sale book, of all the sales made 
subsequent to each report. The list of sales filed with the 
county commissioners, shall be filed and preserved, and shall 
fi/ed ° ^*^*also be copied by the clerk of said court, in a well bound 
book provided for that purpose, and the list transmitted to the 
Auditor shall also be filed, preserved, and copied in like 
manner. 
Patents for ^^*^* ^^' Every purchaser cf common school lands shall 
land. be entitled to a patent from the State, conveying and assu- 

ring the title. Patents shall be made out by the Auditor 
from the returns made to him by school commissioners. 
They shall contain a description of the land granted; shall be 
Howexecutedin the name of and signed by the Governor, countersigned by 
the Auditor, with the great seal of State affixed thereto 
by the Secretary of State, and shall operate to vest in the 
purchaser a sure, perfect and absolute title in fee simple. 
When patents are executed as herein required, the Auditor 
shall note on the list of sales, the date of each patent in such 
manner as to perpetuate the evidence of its date and delive- 
Patents sent ry, and thereupon transmit the same to the school commis- 
t o school com. sioner of the proper county, to be by him delivered to the 
patentee or his assigns, upon the return of the original certifi- 
cate of purchase, which certificate, when returned, shall be 
filed and preserved by the commissioner. 



SCHOOLS. *^* 

Sec. 35. Certificates of purchase of school lands may be p^^if^a^e ^' "^ 
transferred and assigned by written endorsement thereon, traoBferable. 
under the hands of the purchaser, and of each assignee, in 
the same manner as promissory notes, so as absolutely to trans- 
fer and vest in each and every assignee successively, all 
right, title and claim to the land purchased, or such transfers 
or assignments may be made on a separate paper, in like 
manner, and with like force and effect; and patents may be 
issued to any such assignee, upon filing with the Auditor the 
original certificate and transfers, and makingproof of the facts 
of assignment by the affidavit of one or more credible wit- 
nesses, taken before a judge, justice of the peace, notary pub- 
lic, or clerk of a court of record, or a certificate of acknowl- 
edgement by the assignor or assignors, before any one of the 
before named officers. 

Sec. 36. Purchasers of school lands, and their heirs and Duplicate pa- 
,.,,., . / ^'Ci. c tents now pro- 

asssigns, may obtain duplicate copies oi certificates of pur- ^^^^^^ 

chase and of patents, upon filincr affidavits with the Auditor ^ 

in respect to patents, and with the school commissioner in 

respect to certificates, proving the loss or destruction of the 

originals; such copies shall be evidence of the existence of 

the original. 

THIRD DIVISION, 

Of the loaning school funds. 

Sec. 37. School commissioners shall loan all monies jyionieg joan- 
which shall come to their hands in virtue of their offices, (ex- ed at 12 per 
cept such interest as may be required to be paid for the sup- cent, 
port of schools,) upon the following conditions: the rate of 
interest shall be twelve per centum per annum, payable half 
yearly in advance, the time for which loans may be made interest to be 
shall be not less than one, nor more than five years; for all paid eemi-an- 
sums not exceeding one hundred dollars, loaned for one year,""* ^' 
two responsible securities shall be given; for all sums over 
one hundred dollars, and for all loans for more than one Term of loans 
year, security shall be given by mortgage on real estate, un- 
incumbered, in value double the amount loaned, with a con- 
dition, that in case additional security shall at any time be 
required, the same shall be given to the satisfaction of the 
commissioner for the time being. Notes and mortgages 
shall be payable to "the school commissioner of the county," 
without inserting the name of the commissioner, for the use 
of the township or fund to which the money loaned belongs, 
and such notes and mortgages shall be valid although the name 
of the school commissioner be not inserted as payee, and the 
money may be collected thereon by suit or otherwise in the 
name of the "school commissioner of the county," for the use Pro^g^ 
stated, without using the name of the commissioner in the 
prosecution thereof: Provided, however, That notes and mort- 



SCHOOIiS. 



gages in which the name of the school commissioner is inser- 
ted shall be valid to ail intents and purposes. 

Sec. 38. Mortgages to secure the payment of school funds 
loaned, may be in the form following: i 

Form of mort- uj^ j^ g,^ of the countj of and State of 

do hereby grant, convey and transfer to the school commis- 
sioner of the county of for the use of the inhabi- 
tants of township range (or for the use of 
the county school fund of the county of ) the follow- 
ing real estate, (here describe the premises.) which real estate 
I declare to be in mortgage for the payment of ^ 
loaned tome by the said school commissioner, and all inter- 
est that may accrue thereon, to be computed at the rate of 
twelve per centum per annum until paid; and I hereby cove- 
nant to pay the said sum of money years from the ' 
date hereof, and to pay interest on the same at the rate afore- 
said, half yearly in advance; I further covenant that I have a 
good title to said estate, and that the same is free from all 
incumbrances; that I will pay all taxes and assessments which 
may be levied upon said estate, and if said estate is sold to 
pay the aforesaid debt or any part thereof, I will deliver im- 
mediate possession to the purchaser. Witness my hand and 
seal, this day of 18. [l. s.]" 

Upon the breach of any condition or stipulation contained 
in said mortgage, an action may be maintained, and damages 
recovered as upon other covenants, but mortgages made in 
any other form, to secure the payment of school funds, shall 
be valid, and the rights and remedies thereon shall be the 
same as if no form had been prescribed for such mortgages, 
Valueoflands Sec. 39. In estimating the value of real estate mortgaged 
mortgaged. ^^ secure the payment of school funds, the value of improve- 
ments liable to be destroyed shall not be included. 
When eecuri- Sec. 40. In all cases when the school commissioner shall 
tj 18 not given rgq^,jj,g additional security for the payment of money loaned, 
and such security shall not be given, the commissioner may 
sue for and recover the same, and all interest accruing there- 
on to the date of judgment: Provided^ That proof be made 
of the said requisition, and of the failure to comply with the 
same. 
Shall have Sec. 41. In the payment of debts by executors or admin- 
preference istrators, those due to school funds, whether of the State, 
county or township, shall have a preference over all other 
debts, except funeral and other expenses attending the last 
sickness, not including the physicians bill. 
What interest Sec. 42. If default be made in the payment of interest 

m default ofjue upon money loaned b\' any school commissioner, or in 
payment. ,i ' , c .i • • i • , i . r ' 

the payment of the prmcipal, interest at the rate of twenty 

per centum per annum shall be charged upon the amount 

for which the party is, or may be in default, which shall be 



SCHOOLS. 2G9 

included in the assessment of damages, in suits or actions 
brought upon the note or mortgage to enforce pajfrnent 
thereof, and interest at the rate aforesaid may be recovered 
in actions brought to recover interest only. 

Sec. 43. School commissioners shall keep an interest ac- Interest acc't. 
count with each township, showing the dates and amounts of 
interest received and paid out, and at the end of every year 
this account shall be balanced by transferring interest not 
paid, or liable to be paid out, to the principal, and the inter- 
est thus transierred shall always thereafter be regarded and 
used as principal. 

FOURTH DIVISION. 

Organization of Common Schools ^ and application of interest. 

Sec. 44. The interest accruing upon township funds, and 
all profits arising from the use of township lands, and all I"'^res' ^"^ 
rents received, shall be applied to the support and main te- applied "^ 
nance of common schools, which may be organized and kept 
according to law. 

Sec. 45. Any number of inhabitants of one or more 
townships may associate themselves together and purchase not^ggocjation 
exceeding ten acres of land, and cause the same to be con- may purchase 
veyed to the trustees of school lands in the township wherein ^^"^^ 
the land is situated, by their corporate name, and place " 
thereon a school house, together with any other buildings 
which they may deem necessary for the keeping in opera- 
tion a common school, and for the encouragement of learning 
and science generally, and the said land and improvements 
shall be held by the, said corporation in perpetuity for the Lands held in 
use of the inhabitants associating and purchasing as afore- P®''P®'"i'J 
eaid, and their successors and assigns forever, and the same 
shall not be diverted from the use intended, nor used for any 
purpose than as shall or may be directed by the persons for 
whose use the same n^ay be held. 

Sec. 46. There may be organized and kept in operation ^ ^^ ^. 
as many common schools in each school district as the in- trict school, 
habitants thereof desire, and every teacher shall be entitled 
to an equal proportion of the district funds according to the 
time and number of scholars taught: Provided, That noppoviso 
teacher shall be paid more than the amount agreed to be al- 
lowed by the employers. 

Sec. 47. Whenever a school shall be organized, the em- 
ployers of the teachers shall meet together at the school Appointment 
house and appoint three of their number as trustees of the of trustees 
school, and they may then agree upon the plan and manner 
of conducting the school, and vest the trustees with power 
to attend to the execution of such plan, or they may vest the 
tiustees with power to superintend and direct the conducting / 

and managing said school io such manner as they may deem 



370 SCHOOLS* 

best for the interest of the school; the trustees shall be ap» 
pointed within ten days after the school shall have been 
opened, and their term of service shall continue during the 
Proviso continuance of the school: Provided, If the school shall be 

continued more than one year, trustees shall be elected at the 
commencement of each succeeding year. 
Duties of irus- Sec. 48. Trustees of schools appointed according to the 
**** foregoing section, shall attend the school from time to time, 

and see that the same is properly conducted; that the teacher 
keeps regular hours; that the school house is properly sup- 
plied fuel, and such furniture as may be necessary to the ac- 
commodation of the scholars; they shall also have special re- 
gard to the keeping of a schedule by the teacher in such 
manner as to entitle him to compensation out of the school 
funds, 
rp . Sec. 49. Teachers shall make schedules of the names of 

make sched-^^l scholars attending their schools in the form prescribed by 
ales this act, and when scholars reside in two or more townships, 

separate schedules shall be kept for each township, and the 
absence or presence of every scholar shall be set down under 
the proper date and opposite the name, on every day that 
the school is open; the absence of a scholar shall be signihed 
by the letter A, and the presence by the letter P. 

Sec. 50. The schedule to be made and returned by the 
teacher, shall be, as near as circumstances will permit, in 
the following form, viz: 



SCHOOLS. 



271 



Q 

"1 
p 
o 
a. 

o 

E, 

w 

' : 


i 

o 

s 


o 

5-1 
O 

3 
m 

'X 


Names of scholars 
residing in township 
sixteen north, range 
five west. 




>■ 


"O . 


1«41. 
Monday, January 4. 




> 


"S 


Tuesday, January 5. 


> 


-a 


Wednesday, January 6. 


•9 


ns 


Thursday, January 7. 


•3 


•a 


Friday, January a. 


T 


^ 


Monday, J auuary 11. 




"8 


-3 


Tuesday, January 12. 


>« 


•9 


VVeduesday, January 13. 




•« 


T 


Thursday, January 14. 




>■ 


•^ 


Friday, January 15. 


•« 


•fl 


Monday, J auuary id. 


-a 


■3 


Tuesday, January 19. 


■c 


-3 


Wednesday, J auuary 20. 


^ 


13 


Thursday, January 2L 


rs 


, 


Friday, January 22. 


■= 


-5 


Monday, J ituuary zi>. 


T 


' 1 


Tuesday, January 2(). 


1 


■, 


Wednesday, January ;27. 


^ 


-3 


Thursday, January 28. 


>B 


>fl 


Friday, January 29. 


oi 


O 


'lotaJ. 





C/5 

~ eg 



^ 



? » S 

s ^ 

si 

"> CO 



• o >- 



CO ft. 









Si' Si, 






Form of sche- 
dule 



272 SCHOOLS. 

Certificate of Sec. 51. The teachers shall certify to the correctness of 
teac cr ^^^ schedule. This certificate shall be as near as circum- 

stances will permit, in the following form: "I certify that the 
foregoing schedule of the names of the scholars therein na- 
med, residing in township range is cor- 
rect. Given under my hand this day of 
in the year of our Lord one thousand eight hundred and 

J. R., Teacher." 

Sec. 52. The form of certificate to be added by the trus- 
tees, shall be, as near as circumstances will permit, in the fol- 
lowing form, to-wit: 

Pn^nf. .• STATE OF ILLINOIS, > 

formofcerti- r^ r ? 

ficate of tru3 County of \ 

tees. We certify that at a meeeting of the employers of A. B., 

the above named Teacher, held at pursuant to notice 

on the day of " in the year we were 

duly appointed trustees of said school, that we have perform- 
ed the duties of such trustees by visiting said school, and su- 
perintending the same; that we have examined the foregoing 
schedule, and find the same to be correct; that the scholars 
named therein were at the dates of their attendance, residents 
of township sixteen north, range five west of the third prin- 
cipal meridian, and that there is due to said teacher for in- 
structing the scholars named in said schedule at the times 
therein mentioned, the sum of .dollars and - cents. 

Witness our hands and seals this day of 184 . 

C. D. ) Trustees 
E. F. > of said 
G. H. 3 school. 

Close of sche- ^^^' ^^' ^^ closing schedules by teachers, they shall make 
dules by tea- a list of the names of the scholars attending the school in each 
ohers. district, then add together the number of days which each 

scholar has attended the schools, and set down the total hum- 
. ber of day s opposite the names of such scholars, he shall then 
add together their several amounts, and set down the total 
number at the bottom of the schedule; and when schedules 
are thus closed, teachers shall certify to the correctness there- 
of; and the trustees of the school shall carefully examine such 
schedules, and after correcting any errors which they may dis- 
cover, they shall make a certificate thereon, in which they 
shall state that they are trustees of the school, that they have, 
to the best of their skill and understanding attended 
to the duties of trustees, that they have examined said 
schedules, and believe thena to be correct, and to have 
been faithfully kept. They shall also state the compensation 
agreed to be paid the teacher by the employers, and the 
amount due such teacher, 
f nd "^'^'^h ^^'^' ^'^' "^^^ township funds, subject to be used in paying 

payable. teachers, shall be paid out half yearly, (viz:) on the second 



SCHOOIiS. 



273 



Mondays of January and July, and schedules of schools shall 
be made so as to include the last days of December and June, 
and such period of time previous to those days, not exceeding 
six rnonthsj as schools may have been kept in operation. 

Sec. 55. In townships not incorporated, the schedules of ScbeduleB of 
schools made and certified as herein required shall be pre- ?^J°° ^^5^^"^ 
sented to the school commissioner of the county on or before 
the first Mondays in January and July in each year, and said 
commissioners shall, as soon as may be, make an apportionment 
of the funds of each district subject to distribution, among the 
teachers thereof according to the number of scholars and num- 
ber of days taught by each teacher, and pay the same to the 
teachers, or to the trustees of the school, for the use of the 
teacher, or when the teacher has been paid by the employers, 
the trustees shall receive the money for the use of the em- 
ployers. 

Sec. "56. The employers of tRe teachers shall agree upon Employers of 
the compensation to be allowed, and shall severally be bound teachers 
to pay their due proportions of the same; but in making dis- °"" " 
tribution, or dividends of school funds among teachers, the 
same rate of compensation shall be allowed to each. 

Sec 57. When from any cause the trustees of a school T""""!' ®^^ Jf?h 
shall tail, neglect or reiuse to certuy to the correctness ot a schedules, 
schedule kept by any teacher, five of the employers of the 
teacher may make the certificate required to be made by the 
trustees. 

FIFTH DIVISION. 

Incorporation of townships. 

Sec 58. The inhabitants of any congressional township Townships 
in the State may become incorporated for the purpose of or- ™^y H ^"*'°'" 
ganizing and supporting common schools, and the trustees of 
school lands appointed by the commissioners' courts, shall, so 
soon as the school jands of the township have been offered 
for sale, cause elections to he held in their respective town- 
ships to enable the inhabitants to decide for or against being 
incorporated under the provisions of this act; the time and 
place of the election shall be appointed by the said trustees, 
and notice shall be given by posting advertisements thereof 
at six of the most public places in the township, at least twen- 
ty days before the day of election, and if there be a news- 
paper published in the township, said advertisement shall be 
published in at least three numbers of said paper before the 
election. The trustees shall attend the election, and conduct 
the same, two of them acting as judges, and one as clerk. A 
poll book shall be opened with appropriate heading and co- Poll book. 
lums, the names of the voters shall be taken down, and their 
votes for or against the incorporation of the township, set down 
in the proper column, so as to show how they voted. Every 
18 • 



274 SCHOOLS. 

inhabitant of the township, who, at the time of the electioE 
would have the ri^ht to vote for a representative to the Gen- 
eral Assembly, shall be entitled to vote; the vote shall be taken 
viva voce. The poll shall be opened by nine o'elock in the 
morning, and shall not be closed until five o'clock in the even- 
ing, and if all the votes shall not have been taken by five o'clock 
in the evening the poll shall be continued open until all the votes 
are taken; and when the votes are all taken, the said trustees 
shall carefully add up the columns and ascertain and publish the 
result. They shall also verify the correctness of the poll 
book, by their certificate thereon endorsed and signed; and if 
it shall appear from the said election that a majority of all the 
legal voles given are in favor of being incoiporated, the said 
trustees shall appoint the time and place for holding an elec- 
tion for tiustees of said township, but if such majority does 
not appear from said election, no farther proceedings shall be 
had by the trustees, but the business of the township shall 
remain as though no election had taken place. 
When subse- Sec. 59. Elections shall be held as required in the lore- 
quent elec-gojng section, previous to the lands in the township being of- 
held!^ ^ ^fered for sale, upon the written request of ten legal voters of 
the township, and if, at any election held for the purpose of 
deciding upon the question of incorporation, the majority shall 
not vote in favor of being incorporated, subsequent elections 
shall be held upon the written request of twenty legal voters 
of the township, and the provisions of the foregoing section 
shall be pursued at every such election. 

Judo-esofelec- ^^^* ^^' ^^ ^^^^ ^^y ^^^ *^^ more of the trustees shall fail 
tion° may be to attend any election, held under the foregoing sections, the 
appointed. one or more in attendance, shall select from the freeholders 
and voters of the township, one or more persons to act in the 
place of those absent, and in case no one of the trustees at- 
tend, then three freeholders and voters of the township shall 
be selected by the voters present to act as trustees during the 
election; and persons selected as aforesaid shall perform the 
duties required of the trustees, and the proceedings shall be as 
valid as if had, or done under the direction of the trustees. 
Election of ^^^' ^^' When the inhabitants of a township shall have 
trustees. decided in favor of being incorporated, they shall elect five 
trustees to superintend the business and affairs of the township 
in relation to schools and education. The trustees shall 
be legal voters and freeholders of the township, and if there 
be time, in the opinion of the trustees superintending the elec- 
tion, for the election of trustees to be held on the same day 
that the vote is taken upon the question of being incorporated, 
an election shall be held by the said trustees on the said day, 
for five trustees as aforesaid, and the vote shall be taken viva 
voce., and the persons having the highest number of votes, shall 
be elected; but in case there shall not be time to hold said elec- 
tion of trustees at the time aforesaid, the trustees shall hold 
said election within ten days thereafter, and shall give at least 



SCHOOLS. 



275 



five days notice of said election, by posting notices thereof in 
at least four public places in the township. 

Powers and duties of Trustees of Schools, 

Sec. 62. The five trustees elected under the provisions of Powers of 
the foregoing sections, shall be successors to the trustees of ''■"^'®^'- 
school lands, and shall have and exercise all the rights and 
powers, and duties of trustees of school lands; thej shall 
be styled and known in law as "Trustees of Schools" of the 
township in which they are elected; and all rights of property, 
and rights and causes of action existing, or vested in the trus- 
tees of the school lands, for the use of the inhabitants of the 
township, or any part of them, shall vest in the "Trustees of ^*™®'^ ^'y'® 
Schools" as successors; and the said township shall, upon the 
election of trustees as aforesaid, be a body corporate and politic, 
by the name and style of "trustees of schools of township 
range ," according to the numbers, and the corporation shall 
have perpetual existence, and have the power to sue and be 
sued, plead and be impleaded, in all courts and places where 
judicial proceedings is or may be had or allowed; said trustees 
shall continue in office two years, and until others are elected 
and enter upon their duties. 

Sec. 63. Upon the election of trustees of schools, the p^jj jj^^j^g ^^ 
trustees of school lands or the persons under whose superin- whom given, 
tendence the election was held, shall deliver to the school 
commissioner of the county, the poll books of both elections 
held by them, with a certificate showing the election of trus- 
tees, and the names of persons elected, which poll books with 
the certificates thereon shall be preserved, and shall be evi- 
dence of the incorporation of the township, as well as of the 
election of trustees. 

Sec. 64. In townships incorporated as aforesaid, elections Biennial elec- 
shall be held every two years for the five trustees of schools, tiona for tru»- 
and at each election after the first, the trustees in office shall *ees. 
appoint the time and place of holding the same, and two of 
the body shall act as judges, and one as clerk of such election, 
and notice of the time and place of the election shall be given 
by the treasurer, by posting notices thereof in four of the 
most public places in the township, at least twenty days be- 
fore the day of election, and the poll books of such elections, 
with certificates of election endorsed, shall be returned to the 
school commissioner of the county as required in relation to 
the first election. 

Sec. 65. If any vacancy shall occur in the office of school vacancies 
trustee in any township in this State, it shall be the duty of how filled.' 
the treasurer of the township to give notice to the legal voters 
of the township by posting up written notices in three of the 
most public places in the township, that an election will be 
held to fill such vacancy; said notice shall be put up at least 
two weeks before the day fixed for such election, the said no- 



276 SCHOOLS. 

tice to designate the time when, and place where such 
election will be held. 
^ , . Sec. 66. Trustees of schools shall have a general superin- 

how laid off. tendence over all schools kept in the township; they shall have 

power to lay off the township into school districts, suited to 1 
the wishes, and convenience of a majority of the inhabitants j 
in each district, distinctly describing the same by boundaries I 
and name or number. To purchase libraries for the use of 
schools, to provide for the protection and safekeeping of ali 
Bj-iaws. funds, and property of the township; to adopt by-laws direct- 
ing the mode of conducting schools, and detining and regula- 
ting the powers and duties of all officers and agents of the 
corporeition ; and also, to call meetings of the voters of the 
township, or of any school district therein, for the purpose of 
acting upon any question, or subject relating to schools, or 
the cause of education in the township. ^ 

Quaiterl) Sec. 67. The said trustees shall meet quarterly at some 

meetiHg "^convenient place in the township for the transaction of busi- 
ness, at which meetings a majority shall form a quorum. 
Treasurer to Sec. 68. The said trustees shall, at their first meeting, ap- 
keep journal, point some competent and qualified voter of the township as 
treasurer of the board, whose duties shall be to keep a fair and 
regular journal of the proceedings, actings and doings of the 
trustees; recording at length all by-laws and any resolution 
adopted; to act as clerk of any meeting of the voters of the 
township, and record all the proceedings of such meetings; to 
receive and take care of, according to law, all the funds 
or the township, to loan the funds of the township, and 
pay out the interest for the support of schools; to keep 
regular accounts of the funds of the township, and to per- 
form such other duties as may be prescribed by law, or 
required by the trustees. The treasurer shall continue in 
Term of office ^f^^^^ y^|.-| ^^^^ expiration of the time of service of the trus- ^ 
tees by whom he was appointed, and until the appointment • 
of a successor; but shall be subject to removal by the trustees 
at any time for any improper conduct. 
Treasurer to Sec. 69. Every treasurer appointed as aforesaid shall, be- 
give bond . f^j-g entering upon his duties execute a bond with two or more 
freeholders as security, payable to the trustees of schools of 
the township for which he was appointed treasurer, in asuflfi- 
cient penalty to cover all liabilities which may be incurred, 
conditionel "that he will faithfully perform all the duties of 
treasurer of the trustees of schools in township , range 

, according to the laws now, or which may hereafter 
be in force." The security shall be approved by the trustees 
of schools; and the bond shall be filed with, and kept by the 
school commissioner of the county ; and every treasurer ap- 
pointed subsequent to the first, as herein provided, shall exe- 
cute bond with security, as is required of the first treasurer. 
When treas- Sec. 70. Whenever a township shall have become incor- 
urer shall re- p^j-g^j-g^j^ ^^^ ^jjg bond of the treasurer approved and ilielivered 
^0, to the school commissioner, the said treasurer shall receive 



SCHOOLS. 



277 



from the school commissioner, all money in his hands belong- 
ing to the township; also, all bonds, mortgages, notes, and se- 
curities of every description, for money or property due, or to 
become due the township; and all papers of every description 
belonging or in anywise pertaining to the rights or interests of 
the said township, and the receipt of such treasurer to the 
school commissioner shall be carefully preserved, and shall be 
in evidence of the facts therein stated, as well in favor of the 
school commissioner, as against the treasurer. 

Loaning Township Funds. 

Sec. 71. Every treasurer of a township shall provide him- Treasurer to 
self with two well bound books, one to be called a cash book provide books 
and the other a loan book; he shall charge himself in the cash 
book with all money received, stating in the charge, from 
whom, on what account the same was received, and credit 
himself with all money paid, and loaned; stating in the credit 
to whom paid and on what account, or if loaned, to whom. 
He shall enter in the loan book, the name of every person to 
whom money is loaned; the amount loaned, the date of the 
loan, the rate of interest, the time when payable, the names 
of the securities, or if real estate be taken, a description of the 
same. He shall also provide a book, in which he shall record 
the actings and proceedings of the trustees and the proceed- 
ings of the inhabitants of the township when assembled in pub- 
lic meetings; which books shall at all times be subject to the ex- 
amination and inspection of the trustees, and of any committee 
appointed by the inhabitants of the township to examine the 
same. 

Sec. 7:2. In loaning township funds, and taking security Treasurer lo 
therefor, treasurers shall be governed by the law prescribing '°'^" ^""^^°- 
and regulating the duties of school commissioner in relation 
to loans, and the rights and liabilities of persons borrowing 
money from treasurers, shall be the same as though the money 
had been borrowed of the school commissioners; notes, bonds, 
mortgages, and other securities taken for money or property 
due or to become due trustees of schools for the use of town- 
ships, shall be payable to the said trustees of schools, by the 
corporate name, and in such name, suits, actions ana com- 
plaints, and every description of legal proceedings may be had 
for the recovery of money, the breach of contracts, and for 
every legal liability, which may at any time arise or exist, 
upon which a right of action may accrue, to the use of the 
corporation. 

Sec. 73. The funds of townships shall be kept loaned at Funds kept 
interest by the treasurers, and the interest arising from the loaned, 
funds shall be used under the direction of the trustees in pay- 
ing teachers of schools; but whenever money is paid to the interest, how 
treasurer, it shall be forthwith loaned, whether it consists of disposed of. 
interest or principal, unless the interest shall be required for 
the use of teachers, within twenty days from the date of 
its reception, in which case it shall be retained for such use. 



278 



SCHOOLS. 



Interest ac- gj-c. 74. Treasurers shall keep a separate account of in- 
terest received and loaned out, and if, at the end of any year, 
the whole interest shall not have been applied to the support 
of schools, the amount not applied shall be added to the prin- 
cipal, and shall always thereafter be considered in all respects 
as principal. 
«at"menl ^^^* ^*^* ^^' ^^^ [^very] quarterly meeting of the trustees 

the treasurer shall exhibit to them a statement of the condi- 
tion of the funds of the township; and an examination shall 
be made of the cash and loan book, and interest account; and 
of the notes, mortgages, and all securities and papers pertain- 
ing to the business or funds of the corporation. 

Sec. 76. On the first days of July and January, of every 
Statement of year, or if that day shall be the Sabbath, on the succeeding 
M. eres . ^^^^ ^^^ treasurers shall state the interest account, so as to 
ascertain the amount of interest then due on the funds; and 
the amount so found to be due shall be subject to distribution, 
for the support of schools: and if the treasurer shall not have 
to"(iisfributron ^^^ amount on hand, the same shall be paid out of the first mo- 
neys received. The trustees shall attend on the said days, and 
assist in making said interest account, and see that it is cor- 
rectly made. 
When treasu- ^^^' '^'^ ' ^^^^ ^ treasurer shall resign or be removed or 
rer resigns, superseded in office, he shall pay over to his successor all mo- 
ney on hand, or which ought to be on hand, and deliver over all 
the books, notes, bonds, mortgages, and all other securities for 
money, and all other papers, books and documents of every 
description to the township, or in which the corporation may 
Securities of have any interest whatever. And in case of the death of a 
treas'r bound, treasurer, his securities and legal representatives shall be 
bound to comply with the foregoing provisions of this section. 
Sec. 78. The mode of organizing and keeping in opera- 
tion common schools in townships incorporated, the appoint- 

Organization ment of trustees for each school, the keeping and certifyins: 
oi common i j i i n t .i . • i i 9 • i • ° 

schools. scriedules, snail be the same as is provided for m townships 

not incorporated, except that the schedules of schools shall ba 

returned to the treasurers of townships, instead of the school 

commissioner of the county. 

Abstract of '^'EC. 79. Treasurers of townships shall, before the second 

schools made Mondays in January and July of every year, make abstracts 

^^ A ^^j^^^"'"^'' fj'o™ all the schedules of schools returned to them, showing the 

tees in distril ''^^"^^ of each teacher, the total number of scholars attending 

buting funds, each school, and the total number of days taught by each 

teacher, to be used by the trustees in dividing the school 

funds. 

Sec. 80, The trustees of schools shall call a meeting of the 
Annual m et- inhabitants of every township incorporated under the provi- 
ing of inhabi- sions of this act, once in every year, for the purpose of exhi- 
biting statements of the condition of the school funds of the 
township, and giving information concerning the state of the 
schools, and of the measures adopted by the trustees in the 



SCHOOLS. 



m 



•execution and performance of their duties. Notices shall be 
given of those meetings as in the case of elections for trustees; ^°"?® °^ 
and at every such meeting the legal voters of the township 
may adopt such resolutions and prescribe such rules and regu- 
lations concerning the duties of trustees and the organizing 
and supporting common schools, as may be deemed necessary 
to an efficient organization and economical support ofcom.mon 
schools. 

Teachers of Schools, and their qualiJi''ations. 

Sec. 81. The " Trustees of Schools," in incorporated 
townships, and " School Trustees," in townships not incorpo- 
rated, shall have power, and it shall be their duty, on applica- oAeacher^" 
tion to them for that purpose, to examine any person propo- 
sing to teach a school in their vicinity, in relation to the quali- 
fications of such person as a teacher; and they may call to 
their assistance such person or persons as they may deem 
qualified to conduct such examination; or may, in their dis- 
cretion, appoint a board of examiners for said purpose, to con- ^^^™''®"' 
sist of not less than three nor more than five persons, and to 
continue in office until the next appointment of trustees. A 
majority oi the trustees or the board of examiners being satis- 
fied that the applicant possesses the requisite qualifications, ^^""'p^^^^ ^° 
shall give a certificate to that effect, stating the particular 
branches of science which they find him qualified to teach. 
And no teacher shall be entitled to receive any compensation Shall not re- 
from the school fund until he shall have been examined and rir^examned" 
received a certificate of qualification, as herein provided. 

Compensation of School Commissioners, Treasurers and Trustees. 

Sec. 82. School commissioners shall be allowed and paid, Compensai'n 
•out of the township funds, for their services in receiving and ° '^o°i'^ "• 
recording petitions for the sale of school lands, advertising, 
selling, making reports, taking security for the purchase mo- 
ney, or loaning the purchase money, in case it is paid, three 
per cent, upon the amount of sales: For receiving money 
"which has been loaned and re-loaning the same, two per cent. 
upon the amount reloaned; and two per cent, upon the amount 
of all sums distributed and paid to teachers or trustees for the 
support of schools. And the compensation of treasurers of Of treasurers, 
townships shall be the same as that allowed school commis- 
sioners for the same services; but the two per cent, for recei- 
ving a id re-loaning money shall not be allowed unless there 
has been [an] actual payment and re-loaning to another and 
different person: P'rovided, however, That trustees of schools Proviso 
shall have the right, and it is made their duty, to reduce the 
compensation of treasurers, if in their opinion the compensa- 
tion herein allowed is more than is reasonable, or if the inha- 
bitants of the township, in public meeting, shall request or di- 
rect such reduction. Trustees of schools shall not be allowed 



280 SCHOOLS. 

Pay of trus- any compensation out of the school funds. Trustees of school 
lands and their treasurers, in townships not incorporated, shall 
be allowed a reasonable compensation for their services, to be 
fixed bj the county commissioners' court, and paid, upon the 
order of said court, out of the funds of the township. 

Regulations in relation to liabilities of Officers and Agents, and 
to frauds. 

T . , .j.^ . Sec. 83. If any school commissioner of a county, trustee 
officers. of school lands or of schools, treasurer, or any other person 

entrusted with the care, control, management or disposition of 
school funds belonging to the State, or to any county, or town- 
ship, or to any school district, or which may be held for the 
use of any school, shall convert any such funds, or any por- 
tion thereof, to his own use, with intent to defraud the State, 
county, township or school, out of the same, he shall be liable 
to indictment, and, upon conviction, shall be fined in not less 
than double the amount of money converted, and imprisoned 
in the county jail not less than one nor more than twelve 
months, in the discretion of the court. 

Sec. 84. Trustees of school lands and of schools, shall be 
liable, jointly and severally, for the sufficiency of securities 
ble"for TecuH- *^''^^^ ^''^'^ treasurers; and in cases of judgments against trea- 
ties of treas'r. surers and their securities, for or on account of any default of 
such treasurers, on which the money shall not be made, for 
want of sufficient property whereon to levy executions, actions 
on the case may be maintained against the trustees, jointly or 
severally ; and the amount not collected on such judgments shall 
be recovered with costs. 

Sec. 85. The real estate of school commissioners and treasu- 

/-> ^ •> s rers and their securities, shall be bound for the satisfaction and 

real estate of, payment of all claims and demands agamst such commission- 

when liable, ers and treasurers, as such, from the date of the issuing process 

against them, in action or suits brought to recover such claims 

or demands, until satisfaction thereof be made; and no sale or 

alienation of real estate, by any commissioner, treasurer or se- 

Lien created curity, as aforesaid, shall defeat the lien created by this sec- 

b°^ sde^^'^of*^*^"' ^^^ ^^^ ^^^ singular such real estate, held, owned or 

property. claimed, as aforesaid, shall be liable to be sold, in satisfaction 

of any judgment which may be obtained in such action or 

suits. 

Common School Fund of the State, 

Sec 86. The common school fund of the State, shall con- 
sist of the amount due from the State, according to a state- 
School fund, ment and settlement of the account between the State and that 
fund, under the provisions of the act, entitled "An act to pro- 
vide for the distribution and application of the interest on the 
school, college, and seminary funds," approved, on the seventh 
day of February, one thousand eight hundred and thirty-five;' 



SCHOOLS. 



281 



and of all funds which have been or may be received by the 
State from the United States, for the use or support of common 
schools; and, also, of the money added to the common school 
fund, which was received from the United States, under the 
act of Congress, providing for a distribution of the surplus re- 
venue of the United States, and which was vested in bank 
stock, by authority of the State. 

Sec. 87. The State shall pay an interest of six per cent. State to pay 
per annum, upon the amount of the aforesaid common schooP^I^'"®^* ^^^ 
fund, which interest shall be paid annually, on the first day of 
January, and be applied to the support of common schools, as 
hereinafter provided. The State shall also pay, at the time 

aforesaid, an interest of six per cent, per annum, upon 

,, ' , , ,, ,r . r 1 !_• u • i Interest loan- 

tne amount due the college and semmary tunas; wnicn inter- ^^ fo PQjjjmon 

est shall be loaned to the common school fund, and applied school fund. 

with the interest on the common school funds, as aforesaid. 

Sec. 88. On the first Monday in January, in every year, Apportionm't 
next after taking the census of the State, the Auditor of Pub- of interest, 
lie Accounts shall, under the supervision of the commissioners 
of the school fund of the State, ascertain the number of inha- 
bitants in each county in the State, twenty years of age and 
under; and shall theieupon make a dividend to each county, 
of the interest due upon the school, college and seminary funds, 
in proportion to the number of persons in each county, of the 
age aforesaid, and issue his warrants to the treasurer for the 
amount due each county, in favor of the school commissioner 
or other authorized agent thereof; and dividends shall be made 
according to the proportions ascertained to be due each coun- 
ty, annually thereafter, until another census shall have been 
taken, and then apportionments shall be made and continued 
as aforesaid, according to the last census. 

Sec. 89. The money received by school commissioners, Interest ap- 
upon Auditor's warrants, issued according to the foregoing sec- PJ'Jlj^^y® g ^° 
tion, shall be divided among the several townships and frac- 
tional townships in each county, according to the number of 
white children in each township, under the age of twenty 
years, agreeable to the following provisions of this act: The 
money shall be paid to the treasurers of incorporated town- 
ships, and to teachers or trustees in townships not incorpora- 
ted. In cases where teachers have been paid by the employ- 
ers, the money shall be held for their use; and when the teach- ^^^^^^1^^^.^ ^^^ 
ers have not been paid by the employers, the money shall be paid by em- 
paid by the school commissioners and treasurers directly to the plojers, to be 
teachers. Payments under this section shall be made at the P^'*^ directly 
time the mterest oh township funds is paid, in January, or so 
soon thereafter as the funds are obtained from the State Trea- 
surer. 

Sec. 90. In townships where teachers have been paid the „,, . , 
full amount due them, out of the interest on tbe township to be added to 
funds, the money paid to treasurers, under the foregoing sec- principal, 
tion, shall be added to the principal fund of the township, and 
be loaned and used as principal forever thereafter. 



382 



SCHOOLS. 



Distribution of School Funds, 



Election of di- ^^*'* ^^' ^^ shdW be the dutj of the legal voters within 
rectors and each school district laid off by the trustees, to meet at the 
term of office, school house, or other suitable place, on the first Saturday of 
October next, or so soon thereafter as the township may be 
incorporated and districts laid off, and on the first Saturday in 
October, biennially, thereafter, and elect three persons, house- 
holders within the district, to be styled "School Directors," who 
shall continue in office for the term of two years and until their 
Quorum. successors are elected. A majority of the said directors shall 
constitute a quorum to do business; and the board, when con- 
Power of di- vened, shall have power to select building places, and to pro- 
rectors, ^^(jg ^Qj. ^jjg building of school houses, to furnish them with the 
necessary accommodations, to employ teachers and fix upon 
their salaries, to visit schools from time to time, and appoint 
school visiters, and to make all such rules and regulations as 
may be necessary and proper, and not contrary to the laws of 
this State. 

Sec. 92. It shall be the duty of the school directors of 
List of chil- each school district to furnish the treasurer of the proper 
ed^^elsurer township, by the first Monday in December next, and by the 
first Monday in December, biennially, thereafter, with the 
number of all white children, under the age of twenty years, 
Proviso residing within the said district: Provided^ That "trustees of 

school lands," in townships not incorporated, containing not 
more than one school district, or their treasurer, shall make the 
enumeration required by this section, and report to the school 
commissioner, and receive their distributive share of the school, 
college and seminary funds, according to the provisions of this 
Further pro- act: And provided further^ That no compensation shall be al- 
■yiso. lowed to school directors for any services required to be per- 

formed by this act. 

Sec. 93. Trustees of school lands, in townships not incor- 
Districts laid porated, shall lay off their respective townships into school 
districts; and should no school directors be elected on the first 
Saturday in October next, they shall immediately appoint 
three suitable persons, in each school district, who shall have 
the same powers as school directors in incorporated townships, 
and be liable to the same penalties. The persons so appointed 
shall make the enumeration in each district, and report the 
same to the trustees of school lands, or to their treasurer, and 
returns shall be made by the trustees or treasurer, to the 
school commissioner, in the same manner that returns are re- 
quired to be made by treasurers of incorporated townships. 
Sec. 94. The treasurer of each incorporated township in 
Abstract of this State shall, on or before the first Monday in January next, 
furnished'" ^ ^"^^ ^^ ^^^ ^'^^^ Monday in January, biennially, thereafter, fur- 
school com'r. nish the school commissioner with an abstract, containing the 
whole number of white children, under the age of twenty 
years, residing within his township; and the school commis- 



SCHOOLS. ^3 

sioner shall apportion the interest arising from the school, col- Apportionm't 
lege and seminary fund, according to the number of children °^^Jj"|j^p^g®' *° 
under the age aforesaid, and shall pay over the distributive 
share belonging to each township to the respective treasurers 
thereof or other authorized person, annually. 

Sec. 95. The treasurer of each township shall charge him- -p ^j^ ^^^^^ . 
self with the amount of the school, college and seminary fund surers of 
which he may receive from the school commissioner, for each townshipa. 
school district — shall pay to the teachers entitled to the same, 
their respective portions; and shall credit himself with the 
amount paid to the teacher or school directors of each district; 
but no apportionment of money shall be made to any school 
district, unless a return of the number of white children is 
made, according to the provisions of the ninety -second section 
of this act; and it shall be the duty of each treasurer to make 
and keep a record of the boundaries of each school district 
within his township, which shall be subject to the inspection 
of all persons interested. 

Sec. 96. It shall be the duty of treasurers of townships to Returns of 
lay before the trustees of schools, at their semi-annual meet- ]^-^°°lf ^^ ^'^ 
ings, in July and January of each year, a record of the returns trustees, 
made by the school directors, according to the ninety-second 
section of this act, containing the number of all white children, 
under the age of twenty years, in each school district, within 
their respective townships; and the trustees shall make the 
apportionment of the interest and profits arising from the town- 
ship funds, and the interest arising from the school, college and 
seminary funds, equally, according to the number of white 
children, under the age of twenty years, within each school 
district, respectively. 

Sec. 97. The treasurer of each township, whether incor- 
porated or not, shall keep the accounts of the several school •^.^'^°"°*^°^ 
districts in his township separate; but no money shall be paid separate. ^^ 
to teachers, in school districts, unless the directors of such 
district shall certify to the schedules and number of resident 
scholars sent to school, and shall also specify the amount actu- * 

ally due to the teacher or the directors; and in case of excess 
over and above the amount actually due to the teacher or 
directors of any school district, the same shall be added to and 
form a part of the school fund of the township. And in all Neglect to 
cases, when the inhabitants of any school district shall fail or keep schools 
neglect, for a longer period of time than ten months, in sue- ^°^ ^^ months, 
cession, to have a school kept within the limits of their district, 
the distributive share belonging to the said district shall be 
added to and form a part of the school fund of the township, 
and loaned out as other township funds are: Provided, That Proviso, 
district funds, in the hands of the treasurer, shall be loaned 
out, tor the time being, in the same manner and on the same 
terms that township funds are. 

Sbc. 98. When two or more schools are kept in any '^^° j"". ™*''"® 
school district, the money belonging to such district shall be district. 



"^^ SCHOOLS. 

paid to the teachers or directors, in proportion to the number 
of resident scholars attending school, or the school directors 
shall make such distribution as to them may appear just and 
equitable. 
Po ti ns f ^^^* ^^* Whenever the situation of the settlements is 
districts shall ^^^^ ^^ ^^ make it expedient that a school district shall corn- 
unite for prise portions of two or more incorporated townships, such 
schools district may be established and its boundaries defined and al- 

tered by the concurrent action of the trustees of the several 
townships in which such school district is comprised. 

Skc. 100. School directors of districts which are compo- 
Parts of dis- ged of parts of two or more counties or townships, shall make 
ceive portion ''^^^''^^ °^ t^® number of white children in each fractional 
yf funds. part of said district to the treasurer of the proper township, 
and shall perform the same duties that are required to be per- 
formed by other school directors, and each fractional part of 
such district shall receive its respective portion of all money 
arising or pertaining to the county or township to which such 
fractional part properly belongs. 
Directors ma- ^^^' ^^^^' School directors, or either of them, failing to 
king false re- make returns of the number of children in their district ac- 
lurns. cording to the provisions of this act, or if either of them 

shall knowingly make a false return, the party otfending 
shall be liable to a penalty of not less than ten, nor more than 
one hundred dollars, to be recovered before any justice of the 
peace within the precinct, in the name of the "trustees of 
schools," and which penalty, when so collected, shall be ad- 
ded to the township fund. 
Citizens to Sec. 103. In all cases when the township funds can be 
have prefer- safely loaned, within the limits of the township, the citizens 
^^^^' thereof shall have the preference, and it shall be the duty of 

the treasurer to loan out the funds to residents of the town- 
Proviso, ship in sums not exceeding one hundred dollars: Provided, 
That actual purchasers of school lands may borrow sums 
over one hundred dollars. 

Sec. 103. In all cases of purchase or donation of land on 
Conveyance which to erect school houses, the conveyance shall be made 
of lands. jQ jj^g trustees of schools, and their successors in office. 

Ferries, Public Highways, SfC, 

Sec 104. That whenever it shall be considered necessa- 
ry to establish a ferry across any lake, river, creek, or other 
water course, within the limits or upon the borders of this State, 
at any point or place where such lake, river, creek or, other 

right. water course shall pass through or upon any common school 

land, or shall form a boundary line of such land, the exclu- 
sive right to establish and keep in operation such ferry, 
shall be in the township or fractional township, for the use 

Proviso. of the inhabitants, of which such school lands are or may be 
held: Provided, That where the school lands are bounded by 
the stream and situated entirely on one side thereof, the el- 



SCHOOLS. 28^ 

elusive right hereby vested shall only extend to the establish- 
ment of a ferry from the side on which the land is situated, 
but the ferry privilege; on both sides may be granted by the 
proper authorities to the township or fractional township 
aforesaid. 

Sec. 105. If the township or fractional township having i^vhen ferrt- 
the right to establish a ferry according to the foregoing shall be gran - 
section, shall have been, or be incorporated, then the '6^- 
ferry license shall be granted to the corporation, and all 
the rights and emoluments pertaining to, or growing out 
of the license and privilege, shall be enjoyed forever; but if 
there he no such incorporation, the license should be granted 
to the trustees of school lands, appointed by the commission- 
ers' courts, to be held by them until the incorporation, when 
the license and all the ferry rights granted or existing shall 
vest in the corporation, to be held and enjoyed as aforesaid. 

Sec. 106. Ferry privileges granted or obtained under the 
foregoing provisions, shall be leased in the same manner as Ferry privi- 
common school lands, and the rents shall be collected and'^^^^- 
applied in the same manner and to the same objects as rents 
of land. 

Sec. 107. When any public road, canal, or other public 
work, shall belaid outer constructed over or upon any com-^'^™"s®^ ^^' 
mon school land, so as to injure the same, or lessen the value 
thereof, damages shall be assessed and paid to the extent of 
the injury, to the trustees having the care and supervision of 
the laud, for the use of the township interested; and the pro- 
ceedings in assessing the damages shall be had under the laws 
of the State, providing for such assessments in reference to the 
lands of individuals or private corporations. The trustees 
having the charge or supervision of the land, shall be the par- 
ty to the proceedings, representing the rights and interests 
of the townships or inhabitants represented. -And the right Right of way. 
of way for roads, canals and other public works, over and 
upon uommon school lands, shall and may be obtained by the 
proper authorities, by instituting proceedings against trus- 
tees; or trustees may obtain damages arising from the open- 
ing or using lands tor any road, canal or other public im- 
provement, under and according to the laws regulating the 
right of way. 

Acts repealed. 

Sec. 103. The following acts and parts of acts are hereby 
repealed: 

''An act to prevent trjspassing by cutting timber," appro- 
ved, seventeenth February, one thousand eight hundred and . . fv ui^ 
nmeteen, so lar as it relates to sections number sixteen. J819,repea]ed 

"An act relating to schools," approved, seventeenth Feb- 
ruary, one thousand eight hundred and twenty-seven. ^ ' ' 

''An act to prevent persons from trespassing on seminary 



^86 SCHOOLS. 

Jan. 26, 1826. and school lands," approved, twenty-sixth of January, one 
thousand eight hundred and twenty-six, so far as it relates to 
section number sixteen. 

"An act authorizing the sale of section number sixteen, or 

Jan. 22, 1829. such lands as may be granted in lieu thereof, to the inhabi- 
tants of such townships for the use of schools," approved, 
twenty-second of January, one thousand eight hundred and 
twenty-nine, and the act amending the same, approved, fif- 

Feb. 15, 183l.teenth of February, one thousand eight hundred and thirty- 
one. 

Mar. 1 1833. "-^"^ ^^^ ^^ provide for the application of the interest of the 
fund arising from the sale of school lands belonging to the 
several townships in this State," approved, first March, one 
thousand eight hundred and thirty-three. 

Feb. 12, 1933. "A'^ ^ct authorizing a credit on sales of school lands," ap- 
proved, twelfth of February, one thousand eight hundred and 
thirty-three. 

Feb. 22 1833. "An act confirming certain leases of school lands," appro- 
ved, twenty-second February, one thousand eight hundred 
and thirty-three. 

Feb. 12, 1836. "An act providing for the security of the school funds," ap- 
proved, twelfth February, one thousand eight hundred and 
thirty-five. 

Feb. 7 1835. "^"^ ^^^ *® amend the act entitled 'An act to provide for 
the application of the interest of the fund arising from the 
sale of school lands belonging to the several townships in this 
State,' " approved, first March, one thousand eight hundred 
and thirty-three, approved, seventh February, one thousand 
eight hundred and thirty-five. 

Jan. 16, 1836. "An act to provide for the distribution and application of 
the interest on the school, college and seminary funds," ap- 
proved, seventh February, one thousand eight hundred and 
thirty-five, and the act amending the same, approved, six- 
teenth January, one thousand eight hundred and thirty-six. 

Mar. 4, 1837. "An act to amend the several laws in relation to common 
schools," approved, fourth March, one thousand eight hun- 
dred and thirty-seven. 

Feb. 27 1839. "An act in addition to the several acts authorizing and 
regulating the sale of school lands," approved, twenty-sev- 
enth February, one thousand eight hundred and thirty-nine. 

F b 16 1839 "'^'^ ^^^ authorizing ferries on school lands, for the use of 
' * the inhabitants of townships," approved, sixteenth of Febru- 
ary, one thousand eight hundred and thirty-eight, [1839.] 

Feb. 3 1840. "An act further to amend the several acts in relation to 
common schools," approved, February third, one thousand 
eight hundred and forty. 

Operation, construction and effect of this law. 

Com'rs, &c. j^ec. 109. School commissioners appointed heretofore, 
to continue. ^^^^^^ continue in office until superseded according to the pro- 



SCHOOLS. 287 

visions of this act, and their duties, responsibilities and pow- 
ers shall be governed by the provisions herein contained. 
Trustees of school lands heretofore appointed by county com- 
missioners' courts, shall also continue to discharge the du- 
ties of their appointments, and shall hereafter be governed 
and bound by this act. Townships heretofore incorporated, 
shall, without any further action or proceeding, be considered 
as incorporated according to the provisions of this act, and 
the trustees and other officers shall continue to discharge 
their duties until superseded by elections or appointments, 
but the rights, powers and duties of all such officers shall be ^^S^^^ & dnw 
regulated by tho provisions hereof. Leases of school lands 
shall remain valid, and be executed according to the laws 
under which they were made. Common school lands, valued 
and offered for sale, and remaining unsold, shall be sold upon j , 
the terms prescribed in this act. All contracts made under the *" «* • 
laws hereby repealed, shall remain valid, and all rights, reme- 
dies, defences, and causes of action existing, or which may 
hereafter arise or exist under or by virtue of said repealed _ 
laws, shall continue and remain valid, and shall be enforced claredTvalid^ 
notwithstanding the repeal of said laws. 

Approved, February 26, 1841. 



An ACT to legalize certain proceedings of the inhabitants and trustees 
of Schools for township thirty-five north, range ten east, in Will county. 

Sec. I. Be it enacted by the People of the State of Illinois, rep- 26 1841. 
resented in the General Assembly, That the resolution adop- 
ted by the inhabitants of township thirty-five north, of range 
ten east, in Will county, at their annual school meeting, in 
the year one thousand eight hundred and thirty-nine, held in 
obedience to "An act to amend the several acts in relation to 
common schools," approved, March fourth, one thousand 
eight hundred and thirty-seven, w^hich directed the trustees of ^^jg pf ^^^^ 
schools for said township, upon application of a majority of tees declared 
the taxable inhabitants of any district in said township for ^^gal 
that purpose, to assess an amount not exceeding seven hun- 
dred dollars upon the taxable property in such district, ac- 
cording to the assessment roll of the current year, as return- 
ed to the county commissioners' courf, and all proceedings of 
the trustees of schools in said township in assessing such tax or 
taxes, upon such application or applications, be, and the same 
are hereby declared legal; and the collector, appointed by Powers of col- 
the trustees of schools for said township, shall have the same '^'^^o' 
authority in the collection of any taxes or school biUs legally 
assessed by said trustees of schools, as collectors of counties 
have. 

Sec 2. And be it further enacted. That the trustees of 
schools for said township, shall have the power, and it is made ^inan^ds^" 
their duty, to sell all lands which may come into their hands 



'^88 



\ 



SCHOOLS. 



upon the foreclosure of mortgages upon executions in thei'' 

Proviso favor, either at public or private sale: Provided^ always^ That 

if at auction, at least six weeks' notice shall be given of such 
sale, in some public newspaper: And provided further, That 
no sale shall be made ior less than cost, taxes, judgment and 
interest. Approved, February 26, 1841. 



In force, Feb 
27, 1841. 



An ACT to provide for the levying of taxes for school purposes in 
the town of Griggsville, Pike County. 



purpeses 



Assessment 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That whenever twenty 
ot the legal voters of school district number five, in town- 
ship four south, range three west, in the county of Pike, 
shall deem it necessary to build a school house in said district 
they may request the school directors to call a meeting of the 
legal voters within said district. The school directors may 
Taxforschool and they are hereby authorized to call said meeting by post- 
ing up live notices at five of the most public places in the dis- 
trict, of the time when, and the place where such meeting 
shall be held, at least fifteen days before the time of meet- 
ing. Two of the school directors shall preside at said meet- 
ing and one act as clerk, and if a majority of the legal vo- 
ters in said district shall vote to levy a tax for the purpose of 
building a school house in said district, then a vote shall be 
taken as to the sum to be levied, and the vote shall be 
taken on the highest sum first, and so down until a majority 
of all the legal voters so taxed shall agree. 

Sec. 2. The school directors shall appoint some suitable 
person to assess all property lying within, and belonging to 
the inhabitants of said district, who shall make return of the 
same within twenty days after he shall be appointed; he 
shall receive such compensation as the school directors may 
think reasonable, and shall take an oath faithfully to dis- 
charge the duties of the ofiice. 

Sec. 3. It shall be the duty of the constable residing 
"'^ within said district, to collect all such taxes, as by the vote 
of the district shall be levied, and to pay over all monies 
when collected, to the treasurer of said district within fif- 
teen days after such collection, except five per ceatum which 
he shall retain for his services, taking his receipt for the same. 

Sec 4. The school directors, or a majority of them, 
shall furnish the collector with the following warrant, to col- 
lect such taxes as may be so levied, which warrant shall be 
his authority for collecting the same, to wit: 

State of Illinois, 

Pike County. 

To A. B., Collector of the fifth School District, in township 
four south, range three west, Greeting : 

In the name of the people of the State of Illinois — You 



Collection 
tax 



Warran' 



SS. 



SCHOOLS. " 289 

t^re hereby required and commanded to collect from each of 
the inhabitanis of said school district, the several sums of mo- 
ney written opposite their names in the annexed tax list; and 
•within sixty days after receiving this warrant to pay the 
amount of monies collected by you into llie hands of the 
treasurer of the aforesaid district, and taiie his receipt for 
the same; and if any one or more of the said inLabitants 
shall neglect or rel^uj^c to pay the same, you are hereby fur- 
ther commanded to levy on the personal goods and chattels 
of each delinquent, and make sale thereof according to the 
law regulating the collection of taxes within this State. 
Given under our hands this day of A. D. 18 

The annexed tax list, 

A. B. $'2 00 L. S. ) 

S. P. 4 00 J, D. V Directors. 

R. H. 1 75 C.A. ) 

Sec. 5. As soon as a majority of the voters within said . 

school district have agreed to levy a tax, the school directors b^jy gchool 
are authorized to receive proposals for building a school house house 
in said district; the lowest bidder and most responsible per- 
son who shall offer to exec te the same according to the plan 
and specifications of the school directors, shall receive the 
contract. 

Sec 6. This act to take effect from and after its passage. 

jipproved, February 27, 1841. 



An ACT to incorporale the Trustees of the Winchester Male and Fe- 
male Uoruiuon and Preparatory Schools. , . r. , 
^ J In force, r eh. 

Skc. 1 . Be it enacted by the People of the State of Illinois, '< 
represented in the General Assembly, That Levi Harlan, Eli- 
jah Sills, Thomas Kersey, R. C. Brown and Edward G. Mi- Name k style 
nor, be, and they are hereby created a body corporate and 
politic, by the name and style of the "Trustees of the Win- 
chester Common and Preparatory School," and by that 
name and style to have perpetual succession; to make con- 
tracts, to sue and be ?ued, to plead and be impleaded, to^^y o^ate 
grant and receive by its corporate name, and to do all such powers, 
things as a natural person; may acquire, purchase, and in 
all lawful ways, to use, manage and dispose of the same; may 
have a common seal, and may alter or change the same at 
pleasure, and may make by-laws for its regulation not in- 
consistent with the Constitution of the United States or of 
this State, 

Sec. 2. Be it further enacted, That Zalmon Carter, Doc- 
tor Metcflf, John Kirkpatiick, Ira Rowen, Barlem Brown, 
Thomas Cowhich, John E. Bell, James Rucker, Ben- 
net Grey, and Thomas Smothers, be, and they are here- 
by created a body corporate and politic, by the name 
19 



290 ' SCHOOLS. 

Name& style and stjle of the ^'Trustees of the Winchester Female Semi- "I 
nary," and by such name and style shall have the same pow- v 

Corporate gj.g ^nd privileges that are given to the trustees appointed ^. 

poweis. ^^j named in the first section of this act. ' «* 

Sec. 3. The trustees of said institution shall have au- 

Further pow- thority from time to time to prescribe the course of studies 

®'^' to be pursued in said institutions, to fix the rate of tuition 

and expenses, to appoint and employ instructors and such 
other otiicers and agents as they consider necessary to the 
proper management of the institutions, define their duties, 
and fix their compensation, and at the pleasure of a majori- 
ty of the trustees, displace and remove them. 

Location.T ^^c* '^' The above institutions shall be located in the in- 

corporate limits of the town of Winchester, Scott courjty, 
Illinois, on such lot or lots as may be chosen by a majority 
of the trustees of each institution separately. 

Term of Office ^^^' '^' ^^^® trustees of the schools appointed by this 
act, shall hold their offices for one year after the organiza- 
tion of said schools, and until their successors are chosen. 

School fund. Sec. 6. Nothing in this act shall be so construed as to 
prevent either of the above named institutions irom receiv- 
ing their proper proportion of money appropriated by law 
for common school purposes, and the trustees named in the 
fir.'>t and second sections of this act, and their successors in 
office, shall do and perform all acts required by law of the 
trustees of common schools. 

Taxforschool Sec. 7. The trustees of the town of Winchester may 

purposes. Jevy and collect a tax not exceeding one per centum on all 
taxable property in said town, to be applied to purposes of 
education, as said trustees shall from time to time direct: Pro- 
vided, That before any tax can be levied as aforesaid, and on 

Proviso. application of twelve citizens of the town, the trustees shall 

cause an election to be held, where each inhabitant residing 
within the incorporate limits of said town, may have the pri- 
' vilege of voting for or against a tax, and if a majority of 
two-thirds of the votes given at said election shall be in lavor 
of a tax, then and in that case the trustees may levy a tax 
and in no other. 

Time <& place Sec. 8. The trustees of the town shall prescribe the 

of holding e- time, place and manner of holding and conducting said elcc- 
ctiona. tion, and the returns of the same, and make it a matter of 

record; they shall also provide for the collection, safe keep- 
ing, and distribution of the tax collected for school purposes; 
, they iiiHy apportion the money raised by tax to the schools 

incorporated by this act exclusively, or to them and others as 
may best suit the convenience and interest of the inhabitants 
of the town. 

Powers of Sec. 9. The trustees of the town are hereby authorized 

trus-ees. ^^^ empowered to enact and ordain such acts and ordinances 

in their incorporated capacity as shall be necessary to carry 
the provisions of this act into effect; and for the furtherance 



SALINES. 



291 



of the cause of education, such ordinance not to be inconsis- 
tent with the Constitution and laws of the United States, or 
of tliis State. 

Sku. 10. That at any meeting of the bodies corporate 
mentioned in the first and second sections of tlsis act. any ^""'"™' 
three of the individuals composing the same shall form a 
quorum tj do and transact business. 

Approved, February 'HI, 1841. 



An ACT to provide for the manufacture of salt at tlie Gallatin Saline. 

In force Deo. 
Whereas the existing leases in the Gallatin Saline are about 9, 1840. 
to expire on the first of December, one thousand eight hun- 
dred and forty: And whereas^ aUo^ It is to be apprehended 
that salt making will altogether cease, unless some legisia- Preamble. 
li\e action is immediately had: And whrrecs^ also, It is in- 
expedient that the wells and suit springs should, at this time, 
be put up to sale, because that it might endanger the future 
mai.uficturing of salt at that saline, for years to come, to 
the great inconvenience of a large portion of the people of 
the State: Therefore, 

Sec. 1. Be it enacted by the People nf the Slate of Illinois, 
represriited in t/ie General Assembly, That the wells of the salt 
waters of the Gallatin Saline, situate in the Half Moon, here- ^^'inf leased 
tofore occupied by Timothy Guard and Benjamin White, un- ^°''-^''®°^''^'' 
de.- leases irom the State, and which expire on the first day 
of December, one thousand eight hundred and forty, be, and 
the same are hereby leased to John Crenshaw, for, and during 
the full end and term of ten years, fully to be completed and 
ended, commencing on the second day of December, in the 
year eiiihteen hundi-cd and forty; together with all the rights 
and appurtenances, and a sufficient proportion of common ap- 
purtenant to the satne, as laid off, in pursuance of an act of 
the Legislature, parsed January the sixteenth, one thousand 
eight imndred and thirty-six, together with the present pipe 
line, leading from the well now worked, to the furnace; and 
there is hereby also granted to the said Crenshaw the right of Right of way. 
wav over any lands now owned by the Stale; and when 
the same passes over the lands of others, and disagreements 
should arise, the said Crenshaw shall have the same proceed- 
ings as in cases of right of way. 

Sec. 2. In considerition of which grant, in the foregoing 
section made, the said Crenshaw shall, on or beibre the tenth 
day of December, eighteen hundred and forty, execute a bond, Bondtobeap- 
with sufficient security, to be approved by the Treasurer o^ stTte^Treae'r 
this S':ate, in tir.a penal sum of ten thousand dollars, condi- 
tioned for the payment of four hundred dollars to the Treasu- Annual paj- 
rer, annually — the first payment to be made on the second day ™^"'^- 
of December, eighteen hundred and forty one, and, yearly, First payment 



292 SALINES. 

thereafter, until the expiration of said lease; and conditioned, 
also, that he will well and truly nianufacturc salt at the said 
saline works, and at all times, (unavoidable accidents not pre- 
venting,) keep a sufficient quantity of salt on hand, to supply 
all such persons, of the neighboring country, as purchase salt 
at said saline, for domestic consunr.jjtion, whenever they shall 
apply at the worics for the same; and conditioned, also, that 
he will at no time, during his said lease, charge or receive more 
Price of salt, fhan sixty-two and a half cents per bushel lor said salt so man- 
ufactured; and conditioned, also, I'urther, that he shall deliver, 
at the end ofsaid ten years, the said wells and the line of pipes, 
in as good condition as they now arc, without let or delay; 
and, also, with the further c('iidiiion, that he shall at no time, 
during ihe said lease, enter into any scheme or bargain, where- 
by the manufacture of salt shall be suspended, or a monopoly 
accrue, to the prejudice of any of the people of this State; 
which bond, when so taken, executed and approved, shall be 
Bond, where filed with the Auditor of Public Accounts, who shall give to 
fileci, gj^j^ Crenshaw a certificate of such 'a^rt, and affix his seal of 

Cfirtificnfe to of^'ce — which certilicate shall be evidence of the fact it con- 
be evidence, tains, in any court of record in this Slate. 

Approved, December 9, 1840. 



An ACT to pro.'ide for leasing the Saline Reserve Ifinds, in Jackson conn" 
lu force Feb. ty, -.ind for granting a j)re-eiuj)Uon iij;hi to certain persons ;htMein na- 
26, lS4i. uieJ. 

Sec. 1. B. it enacter' by the People of the State of lUinois, 
rrpresmted in the General Assembly, That David llollid.iy, of 
Commissioner Jackson county, be and he is hereby appointed commissioner 
of Muddy Sa ^^ jj^^ .; Muddy Saline," in the aforesaid county of Jack>on, to 
sell and dispose of a portion, and to lease the residue, of the 
lands in the Saline Reserve, in said county, as hereinaltej- pro- 
vided; and the said conimissioner shall, on or before the first 

m . , 1 dav of May next, enter into bond, with ij-ood and surhci^nt 

To give bond. - ., , , i ,■ i i . ^ • • ,• i 

security, to be approved ot by the county commissioners or the 

aforesaid county, in the sum of two thousand dollars, to *he 
People of the State of Illinois, conditioned that he will fully 
account for and pay over all moneys which may come to his 
hands by reason of his said office; and that he will tuily ac- 
count for, and hand over to his successor in office, all bonds^ 
papers, vouchers and other property of the State, that may 
come into his hands, by virtue ot this act; and, generally, that 
he will faithfully do and perform all the duties enjoined upon 
him by this act; which bond shall be entered of record on the 
records of the county commissioners' court of the aforesaid 
county, and transmitted to and filed in the office of tiie Secre- 
tary of State. 
T d bdivi- *^* '^' ^^^ ^^^^^ commissioner shall, as soon as rnny be, 

j]eij. have ihe said Saline Reserve lands subdivided, by accurate 



SALINES. 293 

survcv. into lots for a suitable size, not exceeding in any case 
forty a .Tcs; and shall cnuic to he made out from such survey pjatofreserve 
a mnp or plat of said reserve, noting thereon the section, town- 
ship a!i(i range, of s;)id hinds, and designate the said lots by Lots to be 
numoer: and the said plat thcsridcomniiss-onersshallackuowi- ""'"'^^'■^'^• 
edge :ini rausc to be recorded in the record books of the re- 
corder of the aforesaid county: Provided^ That the lot on Proviso, 
which the salt well is situated shall not contain more than 
te.i acres of land, and that the said salt well shall be as near 
as practicable to the centre of said lot. 

Sk;:. ?>. The said comaiifsioncr is hereby authorized and Special sales. 
em])ovvered to sell to Siephen ilolliday and Joseph Sorrelis, 
each forty acres of said land, iacluJine; the residence and im- 
provem.-nts of the said Uoilidayand Sorrelis, respectively, for 
the sum of one dollar and twenty five cents per acre, at any 
time hi'forc the first day of June, one tiiousand eight hundred 
and forty-two ; and if the said Holliday or 8orrcll>, or either of 
the.i), shall pay to the said commissioner, in cash, the sum 
hereby rctiuii'ed for the said land, the said commissioner shall 
thereupon make anddeliver to each of said persons, or to either 
of theui, by whom such payment shall be made, a certificate ofCcrflficntes of 
sale, describing, pirticulariy, th.c number, description and situ-P" 
atio'i of such lot, to whom sold, and for what price; and the 
Auditor of PuHKc Accounts, on the said certificate being filed 
in his office, shall ma<e and execute to the holder thereof a 
pate It for the land therei'i described: Provided^ That the 
righi. of pre-emption to said lands shall not be vested in either 
the said ilolhiJay or Sorrelis longer than until the first day of 
June, one thousand eight luuidred and forty-two; and if the 
said forty acre tracts of land, or either of them, on which tiic 
said ilolliday and Sorrelis, ic-pectively, reside, should not be 
paid for by the said Ilolliday and Sorrelis, or either of them, 
on or before the said tirstd.iy of June, one thousand eight hun- 
dred and forty-two, the same siiall be subject to be leased, in 
the m mner hereinafter provided for leasing the residue of the 
said lands. 

Sec. 4. The said commissioner shall be authorized to lease Lots may be 
any or either of the lots into which the said Saline Reserve '^'^sed. 
shall be sub-divided, for a term of years, not exceeding, in 
any case, ten years, to such person or persons, and for such 
price and on such terms as to the said comaiissi-iner may seem 
j'lstand [)roper; and whenever any such lot shall be leased by 
the s lid commissioner, as herein provided for, it shall be the 
duty of the said com nis-ioner to execute duplicate copies of a Duplicate co- 
lease, setting forth the teims thereof, and providing against pies of lease, 
any undue and improper waste of or trespassing upon the said 
land, one copy of which shall be delivered to said lessee and 
the other transcribed into a suitable and well bound book, to j^gases recor- 
be kept in the office of the said commissioner, and then filed ded. 
in the ofhce of the Secretary of State. 



21*4 ' SAtlNES. 

Sec. 5. That if any person or persons shall be dcsirnus to 

Persons ^^y ens<i^Q in any new discovery of salt water on said Bii; Muddy 

ter on saline R'-'^^''^^' ^^ ^'i^'' ^^ ^'^^ duty of said romrnissioner to aulho- 

lands, & hold rize such person or persons to undertake the same, aho, on 

same for ten ^j^^l^j,^™ such discovery, shall be entitled, under the prcvi-ions 

of this act, to all the use, benefit and profits of such disi^ove- 

ry, in the manufactory of salt, free ^i' charge or Icadf, for 

the term often years: at the end of which term, such [)"rson 

or persons making such discovery shall surrender to the State, 

all interest and concern in such manufactory of salt tliut the 

said State could rightfully be entitled to, except as hereinafter 

provided by law. 

Sec. 6. All timber, or as much thereof as may be noccssa- 
Lessees may ^7' ''^'^'' such oiher privilege^ and imnunilies as may belong 
use timber, to said reserve, are hereby declared to be for the benefit of 
such lessee or lessees as may undertake the manufiictory of 
salt, under th(! provisions of this act, or to any person or per- 
sons who may engage in. the discovery of salt water. 

Sec. 7. Said commissioner shall pay over into the State 
Money shall Treasury, to be appropriated, accord nig to law, all moneys 
be paid into ^^^^^ ^ ^^ received bv him, under the provisions of this act. 
State treasury ^, o o i • • in '^• 

feEC. o. t^aid comuussioner sliali receive, as a com[)cnsa- 

Compensati'n tion for services actually performed, under the provisions of 
of comm'r. this act, not exceeding two dollars per diiy, for every d ly that 
he may actually be engaged in the performance of such servi- 
ces, to be proved by competent and disinterested lestiinony, 
or by the certificate of said commissioner. 

Approved, February ^G, 1S41. 



An ACT to amend an act, entitled "An actrelatine^ fn the Gallaiin alines. 
In force, Feb. and the lands belonginej to tiie same," approved January :2(5, A. U. 183G. 
27, 1841. 

Sec. 1. Be il enacted by the People of the Slate of Illinois^ 
represented in the General Assembly^ Tl»at VV^illiam J. Gat'-wood, 
Commissioner of the county of Gallatin, is hereby appointed commis-ioner, 
appointed. f^,. \\^q purpose of carrying out the [)rovisions of the act to 
which this is an amendment, as well as the provisions oT such 
acts in relation to the Gallatin Salines as are still in force and 
unrepe-tled. 

Sec. '2. Said commissioner shall proceed to sell the Innds 
Duty of com'r belonging to said saline, either at public sale, by giving pre- 
vious public notice of the same, or by private entry, if it be 
Reservation, 'i^ore eligible, reserving, however, unsold, all salt wat«*r wells, 
with the saline lots belonging to them, as well [asj the common 
attacl^ed to said lots. 

Se<:. 3. Said commissioner is hereby vested with full power 
Comm'r may ^o demand, sue for and recover all money due tlie State for 
sue for rents, the rents or sales of said salines, or fr^m commissioners or" 
agents hereafter employed in relation to the sam«; and he is 



SEMINARIES. 



295 



hereby required to proceed to recover all debts due to the 
State, on account of said salines, for the purpose of making a 
final settlement of this matter. 

Sec. 4. Said commissioner shall give bond, and be qualifii- Bondof coni>r 
ed, and shall deposite moneys, in his hands, and report, as 
provided by the ninth and tenth sections of the act to wliich 
this is an amendment; and shall receive, as compensation for^^ .. 

his services, ten per cent, upon all money deposited as afore- of com». 
said. 

Sec. 5. The money paid into the treasury, as aforesaid, 
by said commissioner, shall be appropriated, according to the 
provisions of the several acts now in force in relation to ap- 
propriations heretofore made: Provided^ however. That the Proviso, 
sum of five hundred dollars, appropriated to erect a bridge 
across the Kaskaskia river, at Shelby ville, by the act of Feb- ^["'j^''".^"^'*^" 
ruary sixteenth, one thousand eight hundred and thirty-one, shelbjviJle. 
may be paid immediately, in lands, out of any of the unsold 
lands in said reservatif>n, (except the lands herein reserved,) at 
the last established prices for said lands; to be selected by the 
commissioners of Shelby county, or the person who may hold 
the order of said commissioners, and beingentitled to the same; 
and a patent shall i.-suf^ for said lands to the holder thereof, 
his heirs and assign*; said commissioner receiving the order, 
and reporting the lands selected. 

Sec. 6. If the commissioner herein mentioned shall die, Governor to 
resign or be removed, it shall be the duty of the Governor to ^ippoint com»r 
appoint another, who shall discharge all the duties imposed by 
this law, execute bond, qualify, and be entitled to such com- 
pensation as is provided Dy law. This act to take effect from 
and after its passage. 

Approved, February 27, 1841. 



wtien office is 
vacant , 



An ACT to incorporate the Rock River Seminary, in Ogle county, Illinois. 

In force, Feb. 

Sec. 1. Be it enacted, hy the People of the State of Illinois, ^^' ^^^• 
represented in the General Assembly^ That John Clark, Lean- 
der S. Walker, Thomas S. Hilt, Jacob B. Crist, C. Burr Artz, 
Samuel M. Hitt, John Wallace, Nathaniel Swingley, Antho- 
ny Pitzer. and James S. Beatty, and their successors in office, 
be, and they are hereby created a body politic and corporate, 
under the name and style of " The Rock River Seminary;" Name & style 
and henceforth shall be styled and known by that name; and 
by that name and style to remain and have perpetual succcs- To have per- 
sion. The number of trustees shall not exceed twelve, exclu- pe'ual succes- 
sive of the principal or presiding officer of the seminary, who ^^° 
shall ex-officio, be a member of the board of trustees. 

Sec. 2. The object of said corporation shall be the promo- Object of seuv- 
tion of the general interest of education, to qualify the youth ^°^^^' 
of our country to engage in the several employments and pro- 



"^96 SEHINAKIES. 

fessions of society, and to discharge, honorably and usefully^ 
the various duties of life. 

Sec. 3. The corporate powers hereby bestowed shall be 
Corporate such only as are essential or useful in the attainment of said 
powers. object, and such as are usually conferred on similar corporate 

bodies, viz: To have perpetual succession — to make con- 
tracts — to sue and be sued, implead and be impleaded — to 
grant and receive, by its corporate name, and to do all other 
acts, as natural persons may do — to accept, acquire, purchase or 
sell property, real, personal and mixed, in all lawful ways — to 
use, employ, moneys [manage] and dispose of all such prop- 
erty, and all money belonging to said corporation, in such 
manner as shall seem to the trustees best adapted to promote 
the objects before mentioned — to have a common seal, and to 
alter and change the same — to make such by-laws, for the re- 
gulation of the corporat'on, as are not inconsistent with the 
Constitution and laws of the United States, and of this State. 
Skc. 4. The trustees shall have authority, from time to 
Course of stu- time, to prescribe the course of study to be pursued in said 
'' ^^^' seminary — to fix the rate of tuition, room rent and other scmi- 

Officers of in- '^''"'T expenses — to appoint the principal of the institiUion,and 
stitution. such other professors and instructor.-., officers and agents, as 
may be needed in managing the concerns of (.he institution — - 
to define their duties, powers and employments — to fix their 
compensations, and to displace and remove the principal or any 
of the professors, cither of the instructors, officers or agents, 
as said trustees shall deem the interest of said seminniy shall 
Vacancies, be required — to fill all vacancies in the board of instructors and 
low filled. among the officers and agents — to erect snitable and necessa- 
To purchase ry buildings — purchase books, and chemical, philosophical and 
books, &.C. other apparatus, and other suitable means of instruction — to 
put into opeiation, if the trustees deem it expedient, a system 
Bvstem. ^^ manual labor, for the purpose of |)rornoiing the health of 

the students and lessening the expense of education — to make 
rules for the general management of the afiliirs of the semina- 
ry, and for the regulation of the conduct of the students. 
Sec. 5. The trustees shall faithfully apply all funds by 
Funds, how them collected, or hereafter collected, according to their best 
applied. judgment, in erecting suitable buildings — in supjjorting the ne- 

cessary instructors, officers and atfcnts — in purchasing books, 
maps, charts and globes, philosophical, chemical and other ap- 
paratus, necessary to aid in the promotion of sound learning 
in said institution. 

Sec. 6. Any donation, devise or bequest, made for spe- 
Landsheld in ^^^^ purposes, in accordance with the objects of the institution, 
perpetuity, if the trustees shall accept the same, shall be faithfully and 
truly applied, in conformity with the express condition or con- 
ditions of the donor or devisor; the lands, tenements and here- 
ditaments, to be held in perpetuity, in virtue of this act, shall 
Proviso. not exceed one thousand acres: Provided, however, That 

grants, donations, or devises, in lands, which irom time to time 



SEMINARIES. 



2«8S^ 



shall be mnde to said corporation, mny be held for the term of 
ten years, from the date of arty such grant, donation or devise; 
at the end of which time the said lands, over and above the 
before named one thousand acres, shall be sold by the corpo- 
ration; and in case of neglect to sell, said lands, so donated, when lands 
shall revert to the original donor or devisor, or to the lawful shall revert, 
heirs of the same. 

Seo. 7. The treasurer and all other agents of the instilu- 'J'/^J'^';;'^ '° 
tion, when required by the trustees, shall give bond, for the*'''^® 
security of <he corporation, in such penalty and such security 
as the board shall approve. And all process against said cor- 
poration shall be by summons, and service of the same shall be ^^°^^l^' 
by leaving an attested copy wilh 'he treasurer, at least thirty 
days before the return day thereof. 

!Sec. 8. In its difFcrenl, departments of instruction, t*^e se- ^^^^^^^ ^^^ 
minary shall be open to all denominations; and the profession ^^^ gj^peUej, 
of any religious faith shall noc be required, in order to ad- 
mission; but those students who are idle or vicious, orwhose 
characters are immoral, may be dismissed from the institution. 

Sec. 9. Said seminary shall be located in town twenty- Location of 
four north, range ten ertst of the fourth principal meridian, seminary, 
and on section twenty-seven, in Ogle county, Illinois. The 
trustees shall hold at least one meeting in each year, for bu- Annual meet- 
sincss, and m;iy appoint other stated meetings of the board;iiig for busi- 
special meetings may at any time be held, by order of the pre- "^^ss- 
sident or any three members of the board, a majority ot whom 
shall constitute a quorum, to do business; and it .shall be law- Quorum, 
ful tor the Rock lliver Conference of the Methodist Episcopal 
Church to appoint, annualiy, a board of visitors, consisting of 
six persons, who shall have po.ver lo sit with the boaid of 
trustees, at their ant\ual meetings, and participate with them, 
ex-offi io, as members of the board, in the appointment of the 
board of instruction and filling vacandcs in ihe board of trus- 
tees, as provided for in the tenth section. 

Sec 10. The filling of vacancies in the board of trustees, yj^^jj^ncigg fii- 
and the appointment of a principal to the seminary, profes-ierl at annual 
sors and trustees, shall be made only at the annual meetings, meetings, 
as provided for in the ninth section of this act: Provided, Tbatpj-Q^jgo 
the trustees may fill any vacancy in the board of instructors, 
or employ additional annual 'teachers, when necessary, until 
the succeeding regular annual meetings. 

Sec U. This act shall be in force from and after the time Evidence of 
at which the persons named in the fir,4t section of the act, or arceptance of 
a m;ijority of two-thirds of them, as trustees of Rock River chaner. 
Seminary, shall accept ths same; and the evidence of said 
acceptance shall be a copy of the o.der of the board ordering 
this act to be spread upon their journals, certified by the pre- 
sident and secretary of the board. 

Approved, February 18, 1841. , 



SEMINARIES. 

In force Feb . '^" ^^'^ *** incorporate the Le Roy Manual Labor University. 

25, 1841, 

Sec. 1. Be it enacted by the People of the State of Illinois,, 
represented in the General Assemhly, That Ilcvercnd Charles 
Adam-, Rev. Robert D. Taylor, Elisha Gillis, Stf>}>hen Conk- 
line;. Rev. David Edwards, Edgar Conkling, and ]}avid Gillis, 
of the IStaie of Illinois, and those they may appoint as here- 
inafter expressed, :ind their successors in office, be, and are 
Name & style '^^'*^'"'y created a body politic and corporate, to bo styled and 
known by the name of the trustees of the "Lc Roy Manual 
Labor University," and by that name and style to remain and 
have perpetual succession. 
Location of ^^*^' '^' Slid University shall be, and remain in or wi'hin 
University one fourth of a mile oi the town of Lc Roy, county of Mc- 
Lean, and State of Illinois. 
Object of cor- Sec. '-^. The object of said corporation shall be the pro- 
ponuion motion of the general interests of educntion embracing pre- 
paratory, coll'giate and professional studies. 
No.oftrustees Sec. 4. The number of trustee-; for said university shall 
not exceed fifteen, one of whom shall be president of the in- 
stitution, and also of the board of trustees; for the present the 
Vacancies, above named individuals shall constitute the board of trustees 
how filled, who shall fill the remaining vacancies at their discretion. 
Appointment ^^'C 5. The trustees in order to have perpetual succession, 
oi secretary, shall have power to fill any vacancy, which may occur in the 
board by death, resignation, removal, or any other cause. 
They shall also elect one of their own number to act as secre- 
tary, who shall keep a faithful and correct record of .all the 
proceedings of said trustees. They shall also elect one of 
their own number to act as treasurer of the institution, who 
shall, before entering upon the duties of his office, give such 
bonds for the faithful performance of his duties as the trustees 
shall require. And all proceedings in law against said incor- 
Serviceofpro-pQpj^jjf^jj shall be by summons; and service of the same 
shall be by leaving an attested copy with the treasurer of the 
institution at least thirty davs before the return day thereof. 
Annual meet- §£(,, fi. Said trustees shall meet annually or oftencr if 
^"^' they think necessary, in the town of Le Roy, or at the uni- 

versity; a majority of tiie trustees for the time being shall be 
Quorum. a quorum to do business. The president of ths board of trus- 
tees shall have full power to call special meetings of said tius- 
tees, and it shall b-i his duty upon the request of three ot them 
to do the same; biU upon any called meetings ten days general 
notice shall be given by the president, previous to the meeting, 
and he shall preside over all the meetings of the board when 
piesent. 
Officers, how Sec. 7. The said trustees shall have thc power from time to 
elected. time of electing by ballot, all the officers, instructors, instruc- 

tresses, manai^crs and servants for said university, and shall be 
competent in law or equity to tfike to themselves and their 
successors in office, in tlieir said corporate name, any estate, 



SEMINARIES. 299 

jfeal or personal or mixed, by the gift, ^rant, bargain and sale, „ , 
conveyance, will, demise or bequest of any person or persons held 
whomsoever, and the said estate whether ical or personal, to * 

grant, bar<j:ain, sell, convey, demise, let, place out on interest, 
or otherwise dispose of for the use of said university, in such 
mnnner as shall seem to them most beneficial; said trustees 
shall also faithfully apply all monies or property, real or per- 
sonal, belonging to or donated to said university, according 
to their best judgments, in erecting and completing a suitable 
buildingor buildings, supporting the necessary officers, instruc- 
tors, managers, and servants, and procuring all necessary pub- 
lications, philosophical and other apparatus, for the use, con- 
venience and success of said university: Provided nevertheless ^^'^^'^^^ 
That in r,ase any donation, devise or bequest shall be made 
for particular purposes, accordant with the design of the uni- 
versity, and the corporation shall accept of the same, every 
[donation, devise, or bequest shall bcapplied in conformity with 
jthe express conditions of the devisor or donor. 

! ^\c. 8. Slid trustees shall also have the power to sue ^"'■'^^■' P"^' 
ind he sued, plead and be impleaded, to have a common seal, 
;o alier and change the same at pleasure, to make contracts, 
o do and perform all acts necessary for the attainment of said 
)bject, to make such by-laws tor its regulations, as are notin- 
:®i!si<tent with the Constitution and laws of the United States 
ir of rhis State, and to confer on such persons as may be consid- 
MH d worth} , such degrees as are usually conferred by similar 
nsiitutions. 

Frc. 9. The trustees for the time beins; shall have power 3^"""®^^® "^^^ 
r I- iv c . i. r J- be remoired . 

remove any trustee irom l)is c nice oi trustee lor any dis- 

lo.iorahle or crimmal conduct: Provided^ That such removal 
hall not take place without giving to such trustee notice of 
he charges exhibited against him, and an opportunity of de- 
ending himself before the board, nor unless that two-thirds of 
he whole number of trustees for the time being shall concur in 
iich removal. 

Seo. 10. The said university shall be open to all denom-^p religious 
lations of christians, and the profession of any particular reli- JfsiudentB!* 
ious !aith shall not be required of those who become students; 
II persons, however, may Le suspended or expelled fiom said 
isiiiuiion, by the trustees thrreof, whose habits are idle or 
icious, or whose moral character is bad. 

Si;c. If. The lands, tenements and hereditaments, to be Lands held by 
eld in perpetuity by virtue of this act, shall not exceed two corporation 
'ctions, or six hundred and forty acres, except such as are 
T the university building, and necessary appurtenances: 
Wnvided however, That if donations, grants or devices in lands Proviso, 
lall fiom time to time be made to said cofporation over and 
3ove said six hundred and for^y acres which may be held in 
?ipetuity as aforesaid, the same may be received and held by 
.d corporation for the peiiod of ten years irom the date of 

ch donation, grant or devise, at the end of which time, if 



309 STATE DEBTORS. 

* 

said lands, over and above six hundred and forty acres, shall 
not: h;ive been sold by the siid corporation, ttien and in that case 
the said land so donated, granted, or devised shall revert to the 
donor or grantor, or to the heirs of the same. 

Approved^ Ftbruary '>I5, 1811. 



Au ACT to authorize the Fun' Commissioner to compound for and adjust 
In force, Feb. demands in favor of the Stale. 

27, 1841, 

Skc. 1. Be it ennrlfifl hij tlip. People, of the Shte of Illinois, 
represented in the General Assembly^ That the Fund cominis- 
*'""j^°°"^'.""^"sioner be, a-id he is hereby authorized to connpound for, and 
of State. '*^'"^ adjust any unsettled demands which the State has against any 
person or persons, body corporate or |*jlitic, in the Stnte of 
New York, or elsewhere, who may have been the purchaser 
or purchasers of State bonds "ipon such lenns nnd conditions 
as he niay deem equitable and jtist, and for the best interest of 
the State, subject nevertheless to be ratitied and confirmed, or 
rejected by the Governor. 

Approved, February ''XI, 1841. 



An ACT authorizing certain debtors of the State to discharge their indebt 
In force, Feb. ednesi in Ulinuis iniernal iuaprovement scrip. 

27, 1841. 

Sec. 1. Bt it enacted b\i Ike People of the State of I'linoiSj 
Citizens mny represented in the General Assem'dy^ That tha obligors upon 
pay deln in ^^ certain bond executed by sundry citizens ot the city of 
State scrip Sp|.j,^^rtield in favor of the State of Illinois, for tiie sum of fifty 
thousand dollars, be aulhori/.cd to discharge the same or the 
balance due thereon, in whole or in part, in Illinois internnl im- 
provement scrip. Approved, februaryHJ^ LS-ll. 



. , „ , An ACT in relation to the present State House Commissioners. 

In force, Feb. ' 

Sec. 1. Be it enacted by the People of the Stat ■ of Illi loif, 
represented in the General Assembly, TimtiUc Audhor o\' pnh- 
fo°rs to seul'lic acc'ounts, Secretary of State, and Treasurer be, and they 
accounts. are hereby required and empowered to thoroughly investigate 
the acts and doings of the State house commissioners, and if 
any or either of them should be found upon such investiga- 
tion in arrears to the State, the said commissioners are directed 
to make report of the s;tme to the Attorney General, who, oq 
receiving the saaie shall forthwith bring suit against said de- 
irnqueut commissioner or commissioners. 

Approved, February, 26, 1841. 



STATE HOUSE COMMISSIONERS. , 301 

An ACT to provide for the settlement of the accounts of the State House ^" fiJice, Feb. 
« CoiumissioUers. '*' » ^'^"^^ • 

Sec. 1. Be it enacted ly the Fenple of the State of Illinois, u^^^l^,^''^^^ trea- 
represenled in the Generu I Assembly^ That it shall be the duty euier 
ot the Trcasurcv of the JState loitlu\iih to take posse>sion of 
all lumber, lime, sand, stone, brick and all other materials, of 
every kind and description had, oblidned or procured by the 
State house cumnii.ssioncrs. for and on account ot the State, 
to be used in and about the Slate house, and not hcretolore 
apnlied to the object for which they were obtained. , , 

Sec. '2. 1 hat the said treasurer shall therealter vsiuiout ^^^.^^^^^^i^ 
delay n,ake out a schedule thereof, describing with icasonable 
certainly the property so received by him as to quantity, qual- 
ity and value, and receipt therelor to the State house commis- 
sioners. Pcrsunsiefus- 

Sec. 3. That any person or persons, who may have in his, m^ lo ueiiver 
her or their possession any of the property aloresaid, and i'i"i>cny lo 
shall convert the stime to his, her or their use, or shall neglect, '^'''"''"'^'^ 
fajl or refuse to deliver the same to the treasurer on applica- 
tion, shall be deemed guilty of a high misdemeanor, and on 
conviction thereof sliall be punished by a fine not exceeding 
one thousand dollars, and imprisoned in tiie county jail lor any 
term not exceeding six months. 

Skc. 4. Tiiat the State house commissioners shall file in the Com'rs lo file 
Auditor's office all books, papers, maps, charts, and vouchers, wim Auiiuor 
apportauimg to their ottice as commissioners aloresaid, and ^^.^ ^'^ 
the Auditor assisted by the Treasurer and Secretary of S'ate, 
and advised by the Attorney General on all legal questions 
that (nay arise, shall settle with said commissioners, and ad ^^ , ™^"L 

•f ' r 1 • 11 ■ 11 Willi OoIUTS. 

just their accounts ot and concerning aii monies, that they or 
either of them I ave drawn or expended in and about the 
State house, in the said settlement it shall be the duty of the 
Auditor as afoiesaid, to charge the said commissioners for all 
monies they or either of them have received, cliecked lor or 
'.drawn from the treasury or elsewliere, lor State house purpo- 
ses, and to give them credit lor all monies ihcy have bona Jide 
paid out for State house purposes in pursuance of law; also 
lor all salary and comp nsation allowed to them by law. 

Sec 5. For the purj)ose of cn:ibling the Auditor, I'reasuicr witnesses 
and Secretary of State to perform their duties under this act, uiaj be called 
they shall be authorized to cause witnesses to come before 
them, and to sw-ear and examuie them, touching any item or 
charge that may be ibund in, or among the papers, books, or 
vouchers of the said commissioners, and any persim who shall 
on such examination, willuUy and corruptly swear falsely 
shall be adjudged guilty [of J perjury. 

Sec. 6. All acts and parts of acts, which appoint or a u- Acts repealed 
thorize the appointment of Archibald Job, A. G. Henry, or 
any other person or persons commissioners to superintend the 



302 « STATE PROPERTY. I 

erection of public buildings, be, and the same are hereby re- 
pealed. 
Appropriati'n ^^^' 7. That the sum of seven thousand dollars be, and 
the same is hereoy aj^propriated towards tiie completioa ol Uie 
State iiojse, to be expeaied under the superintendence ot the 
Treasurer and Secretary of State. 

Approved, February 27, 1841. 



An ACT requiring lhe»Secretary of State and State Treasurer to take' 
In force Feb . charge ol' the public buildings, aud for other purposes. 

26, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinoisi 
Officers to represented in the General Assembtiu That it shall be thi 
ofbuildin°-3° duty ot the Secretary ot btate and Ireasurer to take charg* 
of and safely preserve Irom wajte, the houses, lots, ground 
and appurtenances, situated witiiin the city of Spruigriel 
and belonging to the Stale of Illinois, they shall also satel 
preserve furniture appertaining to the Statu house. 

Sec. 2. Tucy, tne said Secretary of State and Treasurer, 
To superin-g!-jj^jj superintend the further completion of llie Stat^ house 
tend comple- . "^ in- mi i i l- ,u 

tion. in manner tollovving, viz: ihe materials procured tor ttie 

finish and embellislunent of the Sfate house, they shall in 
part use ibr ttiat purpose, other parts thereot, to consist of 
articles tliat m.iy be solJ to good advantage, ttiey snail sell 
and dispose of, and with tlie monies derived from such sale 
cause tne work on the Slate liouse to be prosecuted in the man- 
ner which to them shall seem most conducive of the |)Uhlic 
interest. The buildings on the public grounds in Springheld 
not required for public use, together with all tool;', iniple- 
Bnildings, &cments and machinery procured lor State house purposes, and 
may be sold. ^^^ ^^^ required tor the purposes aforesaid, the said Secreta- 
ry of State and Treasurer shall sell and dispose of on such 
terms as they shall think just and proper, and tor the beneht 
of the State; the monies received upon such sales they shall 
apply to the dnishing of the State house as aloresaid. 
Quarterly re- ^^'^^ ^' ft shall be the duly ot the Sejr>;tary ot State and 
port. Treasurer to report to the Auditor quarterly, all their acts 

and doings in tne premises, in which they shull cxiiibit the 
receipts and expenditures tor the purposes atbresaid, which 
reports shall be accompanied by the receipts or vouchers tor 
all expenditures made as aloresaid. 

Approved, February 26, 18 kl. 



An ACT to legalize the assessruent of taxable property in the northern di- 
vi.<iou of Jefferson county for the year 1840. 
In force Jan. 

7i 1841. . . . r T cr 

Whereas, the county commissioners court of Jetlerson coun- 

Preamble. ty^ .^^ itg March term, A. D. one thousand eight hundred 

and forty, did appoint one William Redman to the office 



M 



TAXES. 303 

of assessor ia and for the northern division of said county: 
And WDcreas, said Redman, alter his said appointtncut, 
and alter entering upon tiie duties of hiS said uthce, and 
before making return thereof, did myssieriously disappear 
in some manner unknown to the authorities otsaid county: 
And whereas, said court at a special term held in the 
month of July last, did appoint one Green P. Casey to said 
ortice of assessor, who entered upon the duties of his said 
office, made said assessment, and made return thercol to 
said court at its September term in said year: Thcrelore, 
Sec. 1. Beit enacted by the People of the State of Itlutois^ 
represented in the Genet at Assemhly, That the assessment of 
taxable property in the northern division ol Jetierson county j^^^j^,"'. 
in and for the year one thousand eight hundred and forty, by 
Green P. Casey, be, and the same is hereby declared to be 
as legal and as binding to all intents and purposes as the 
same could or might have been, if he the sc'id Casey had been 
appointed to said othce at the iVlirch term, and had made re- 
turn thereof at the June term of said court. 

!Skc. 2. This act to take etl'ect and be in force from and ^^ . ,^ , 
ci ■ J • • I 1 III .• , ..t Duty of feec'r 

alter its passage; and it is hereby made the duty oi the Secre- of State. 

tary of State to cause an authenticated copy of the same to 

be made out and transmitted by mail to the clerk of the 

couiuy commissioners' court of Jetferson county so soon as 

the same shall become a law. 

Approved^ January 7, 1841. 



An ACTjto legalize the assessment of property in the county of Pearia, 
and other counties, lor ihe year 1.640. 
J In force. Jan. 

Whereas, by the revenue law now in force, it is made the ' 
duty of the assessors in the several counties in this btate, „ .. 
to complete their lists of taxable property, and make re- 
turn to the office of the clerk of the county commissioners' 
court on or belore the tirst Monday in June annually: 
And whereas, by reason ol indisposition, the assessor ap- 
pointed to assess the taxable property in district number 
two, in the county of Peoria, was r3ndered unable to coin' 
plete and return his list as required by liw: Thereibre, 
Siic. 1. Be it enacted by Ike People of the State of Illinois, 
reprcserded in. the General Assembly, fhat the "isscssment ^^^j^'J^^j^'^j 
made b^ James Darlrymple, in said district num^)er two, in 
the county of Peoria, for the year one thousand eight hun- 
dred and forty, be, and the same is hereby declared good, va- 
lid and in every respect legal, whether taken and returns m.ide 
before or after the said tirst Monday in June, one thousand 
eight hundred and forty: Provided, The same Was legally Proviso, 
taken in other respects, any l^vv to the contrary notwith- 
standing. 



■1 



304 TAXBS. 

Assessment in Sec. 2. Be it further enacted, That the assessment of 
declared le"-ai taxable property made by the assessors of St. Clair county, 
for the year one thousand eight hundred and fo/ty, be, and 
the same is hereby dechircd good, valid and eflectual in law, 
in the same manner as if" the same had been taken and returns 
thereof m.ide by the first Monday in June, one thousand eight 
hundred and forty. 
Collector al- Sec. 3. 'I'liat the coliector of taxes in St. Clair county, 
lowed further ^Qp ^1^^ ,^^ ^^^^ thousand eight hundred and forty shall have 
time. •. ^ . „ 7. i'l 1*^1, I 

an extension ot time tor making a linal and annual settle- 
ment with the county rommissioners' court of said county, 
and for paying into the State treasury the monies by him 
collected lor the use of the State until the first of September, 
one thousand eight hundri-d and forty-one. 
Assessment in Sec. 4. And be it fur her enacted, That the assessment of 
Brown coumy ^\^q taxable properly made by the assessor of Biown county, for ^ 
° the year one thousand eight hundred and forty, be, and 
the same is hereby declared good, valid and effectual in law, 
in the same manner as if the same had been taken and re- 
, turns thereof made by the first Monday of June, one thou- 
sand eight bundled and forty. 
Collector to Sec. 5. Be it further enacted, That the collector of Brown 
apply to cir- county, be, and he is hereby authorized, on giving the neces- 
sary notice under the twenty-sixth section of '^An actconcern- 
ing the public revenue,"'' approved, February twenty-sixth, 
one thousand eight hundred and thirty-nine, and in all other 
respects complying with the requisitions of said law, to apply 
to the circ ji court of Brown county, and said court is here- 
by authorized to enter judgment at the next term of said 1' 
court agniiistall delinquent lands in said county for the year j 
one thousand eight hundred and thirty-ninu, according to the 'f 
terms and under the provisions of the aforesaid act concern- j 
Sheriff to pell i^g the public revenue. And the sheriff of said county shall 
lands for taxes sell the same for the t;ixes of one Ihouiand eight hp.ndred and 
thirty-nine, under the provisions of said revenue law, and in 
compliiince therewith, and the same is de( lardd to be as 
good and valid in law, as if the same had been done under 
said act in the year on« thousand eight hundred and thirty- 
nine. 
ColJector al- '^^*^- ^* That the collector of taxes in Brown county, fof 
lowed further the year one thousand eight hundred and thirty-nine, shall 
time. Juivc an extension oi' time for making a final and annual set* 

tlement with the county commissioners' court o( said coud- 
ly, and for paying into the State treasury the monies by him 
collected for the use of the State, until the first of Septem- 
ber, A. D., one thousand eight hundred and forty-one. 
Aesessmentin '^^^^ '^' Beit further enacted. That the assessment of the tax- 
Winnebnt,o able property maoe by the assessor of Winnebago county, for 
declared valid ii^(. y(.yr one thousand eight hundred and forty, be, and the 
same is hereby declared good, valid and eflfeciual in Jaw, in 
the samt; manner as if the same had been taken and returns 



TAXES. 



305 



thereof made by the first Monday of June, one thousand 
eight hundred and forty. 

Sec. 8. That the collector of taxes in Winnebago coun- 
ty for the year one thousand eight hundred and forty, shall Collector al- 
have an extension of time for nnaking a final and annual set- 'owed further 
tlement with the county commissioners' court of s^id county, '^"*' 
and for poying into the State treasury the money b^ him 
collected for the use of che State, until the first day of Sep- 
tember, one thousand eight hundred and forty-one. 

Approved, January 7, 1841. 



An ACT to provide for the collection of taxes for the year one thousand 

eight hundred and thirty-nine, in riass county. In force Feb. 

18, 1841. 

Sec. 1. Be. it enacted hy the People of the Slate of Illinois, 
represented in the General Assembly, That the circuit court of circuit court 
Cass county shall at the next term thereof give judgment in of Cass couiv- 

behalf of the State for taxes due upon lands situated in said .'^|° ^'^f„ 

■ I I 11' juds;ment a- 

county for the year one thousand eight hundred and thirty- cjainst bonds 
nine, upon the collector of said county Living the notice and for taxes due 
making the report required by law; said court is authorized '' 
to act in the premises as it might have done if the notice had 
been given and report made at the first term thereof in the 
year one thousand eight hundred and forty, and all judgments 
and sales made under the provisions of this act shall stand in 
all respects as though the proceedings had been had at the 
time heretofore required by law. 

Sec. 2. The collector of Cass county, for the year one Further time 
thousand eight hundred and thirty-nine, is allowed until thir- 1*''*"^^'| ''"J' 
ty days after the next term of the circuit court of said county Uewiih State 
,to pay into the State and county treasury the taxes uncollec- 
ted upon lands in said county. 

Sec. 3. The name of Hambleton in "An act to amend an N^me of 
act to incorporate the Hambleton primary school," approved, "Hambleton* 
January seventh, one thousand eight hundred and forty-one '^''^^S®^ 
whenever the same occurs, is hereby changed to Hamilton. f h riff 

Sec. 4. All acts of Lemon Plaster, as sheriff of Cass of Cassdecla- 
county, shall be good and valid, and the Governor is hereby red legal 
authorized to commission him as such: Provided, He shall Gov._ to coro- 
pay over all monies due for taxes to the treasurer of State ™^ssi°n him 
and county, according to the provisions of this act. Proviso. 

K Approved, Feh uary 18, 1 84 1 . 

fc: 

An ACT to enable the trustees of Juliet to levy a tax and pay liabilities 

against said town. In force Feb. 



Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the trustees of the 
town of Juliet, Will county, are authorized to coliect the tax 
20 



17, 1841. 



TAXES. 

i 
Trustees to levied ior the year of our Lord one thousand eight hundred and 

collect taxes forty, by placing the list or assessment roll in the liands ol" a 
constable who may collect the tax as on execution, and in case 
the tax so levied m one thousand eight hundred and forty, and 
collected in one thousand eight hundred and forty-one is not 
suihcient to pay all debts and liabilities against said town, 

A<fii'oa tax j.|jgj^ ^j^^ ^^^^ irustees may levy another lax, and collect a* 
aforesaid, m one thousand eignt hundred and lorty-one, an 
amount sufficient, and no more, to pay all such liabilities 

i'roviso. against said town: Provided^ The tax levied shall he on all 

taxable property, and not exceed one-fourth of one per cent. 

iSec. ^. The trustees aforesaid, shall, as soon as the money 

is collected, audit and pay all outstanding debts against the 

■Irustees to g^j^j ^own, preserving the vouchers of such debts amongst the 
pay kII debts . , , ■ ? • . ,- ° 

books and papers belonging to the town as a tornier corpora- 
tion. 

Sec 3. The trustees shall, by the first day of May, one 
^thousand eight hundred and forty-one, make out an accurate 

•Si JivCUJCn t of y f 

acts of trus- Statement liom the beginning ot'the corporation, of all mo- 
lees to be pub- ney received and paid out, how paid, and the amount paid 
hshed ^Qj. each Item, and when the same shall be so made out, they 

shall publish the account thereof for at least one week in the 

Juliet Uourier. 

Approved, Fehruarij 17, 1841. 



An AC r to authorize the county commissioners of Rock Island and Ste- 
in force, Fob. phenson counties to collect the tuxes of 1839. 
18, 1841. 

Sec 1. jBe il enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county com- 
missioners of the county of K.ock Island, be, and they are 
(Jounty com-i;jgreby authorized and empowered to collect the taxes due' 

lecT'taxe3*^'of^'^^'"^'^*^'^'^''y ^^^' '^^^ )'^^'' eighteen hundred and thirty-nine, 
l»39 (1839:) and that the county commissioners of Stepnenson 

Com'rsof Ste-^<^^'^^> ^^^ ''*-^^^ hereby authorized and empowered to collect 
phenson Co. tlie tax due in said county lor the year eighteen hundred and 

of issr'^'"''" thirty-nine, (i83y.) 

Approved, February 18, 1841. 



In ibrce Feb. An ACT for the collection of the taxes of Henderson county. 

20, 1841. 

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

represented m the General Assembly, That the collector of 

Warren county is hereby authorized and required to collect 

Collector of the taxes due and Unpaid for the year one thousand eight 

Warren to hundred and forty, Irom all persons residing in the coun- 

isio^^in^HeS'ty of Henderson, heretofore a part of Warren county, 

derson Co. in the same manner as though said county of Warren had 

not been divided, and make returns to the clerk of the 



TOWN LOTS. 



m 



circuit court of Warren county, of, all real estate on which Renirns made 
taxes may remain due and unpaid, in the same manner '" clerk War- 
ns now required by law, and to do all other things necessary ^^'^ (^*J"n'y 
to be performed under the laws in relation to the public rev- 
enue, to insure the collection ot" the same. 

Approved, February 20, 1841. 



Aa ACT concerning the taxes of Greene and Jersey counties. 

In force, Feb. 
Sec. 1. Ee it enacted by the People of the State oj Illinois, 20, 1841. 
represented in the General Assembly, That it shall be the duty 
ot the county commissioners of Greene and Jersey counties. Counties of 
and they are hereby required to pay over to the Treasurer of Greene and 
the State of Illinois the sum of three thousand dollars, which Jersey 'o pay 
1 1 1 II 1 • r II /■ I I 1 'o *':ite trea- 

sum when paid over, shall be m lull lor the taxes due the .ury 

State from said counties for the year one thousand eight hun- 
dred and thirty-nine. 

Sec 2. The above sum shall be paid in the following 
manner, to- wit: The county of Greene shall pay two thou- Payments 
sand and eight dollars, and the county of Jersey shall pay how made 
eight [nine] hundred and ninety-two dollar?, by the first day 
of June, one thousand eight hundred and forty-two. 

Sec. 3. The county commissioners of Greene and Jer- 
sey counties are hereby authoiized to pay the above sums out May be paid 
of the internal improvement fund which was donated to said °"I °' ^"'^''" 
counties by an act entitled "An act to establish and maintain ment fund 
a general system of internal improvement," any law to the 
contrary notwithstanding. 

Approved f February 26, 1841. 



An ACT to legalize the assessment of taxes in the county of Jo Daviess, 

for the year 1839. _ , „ . 

•' In force, reb. 

Sec. 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly, That the assessment of 
taxes in the county of Jo Daviess lor the year one t'^ousand ^^^JI'^^^^J'j^j"' j 
eight hundred and thirty-nine by the county commissioners 
thereof, is hereby made le^al and valid, and that said com- 
missioners have hereby full power to collect the same. 

Approved, Febriuiry 27, iS41. 



An ACT for the sale of certain lots therein named. [j, force Feb. 

26, 1841. 
Sec. 1. Be it enacted by the People of thz State of Illinois, 
represented in the General Assembly, That Ambrose S. Steele, 
upon filing a bond with the judge of probate of Fulton coun- 
ty, with good and sufficient securities to be approved by 
said court, in the sum of fifty thousand dollars for the faith- 



308 TOWN LOTS. 

4 

A.S.Steele ful performance of the conditions of this act, may sell and 

may'seS ^?e"a1 '^'^P^^^ ®^ '^^ P"'^'^*^ ^^'^' ^'* '"eal estate and town lots, situate, 
ostateof O. Ij'ingand being in the towns of Havana and Moscow, in the 
M.Rose, dec'il count)' of Mason, belonging to the estate of Ossian M. Ross, 
deceased. 

Sec. 3. Before any of said lots shall be sold as aforesaid, 
Consent of it shall be necessary to obtain the consent of the executrix 
adm'rx of ea- j^j^j executor of said estate, the euaidian of the minor heirs, 
late obtained , , , . , , r • i i ^ i 

before sale and the hcu's at law o( said estate, who are over twenty-one 

years of age, in writing, and file the same in the office of the 
judge of probate in and for the county of Fulton. 
Notice of sale Sec. 3. The sale of said lots shall, in all cases, be by pub- 
lic sale, held in the town in which the lots are situated, pro- 
posed to be sold; and no sale shall be had under the provisions 
of this act, unless public notice of the time, place and terms of 
said sale, shall have been published iii some newspaper printed 
nearest said town, and also by putting up not less than three 
public notices in the vicinity of said town, at least four 
weeks previous to said sale. 
Statement of Sec. 4. The said Ambrose S. Steele is hereby authorized 
Baleto be filed ^j^^ required, on the first Monday in the month of January, 
in the year of our Lord, one thousand eight hundred and 
forty-two, and on the first Monday in January every year 
thereafter, (or so long as there are any monies or assets in his 
hands, accruing from the sale of said lots,) to make out in 
writing a full and perfect statement of all his acts in the 
premises in relation to the sale of said lots, and file the same 
in the office of the judge of probate in and forthe county of 
Fulton. 

Skc. 5. The judge of probate of the county of Fulton, 
Payments to upon the statement being filed in his office as aforesaid, shall 
heirs make an estimate of what amount is due to each of the heirs 

at law of the said Ossian M. Ross, deceased, ajising from the 
sales of said lots as aforesaid; and the said Ambrose S. Steele 
shall, upon said estimate being made by the judge of pro- 
Payment to bate as aforesaid, pay over to each of said heirs who are 
j;uardiiin of ^ygj. twentyone years of age, the sum so estimated to be 
due, and shall pay over to the guardian of the minor heirs of 
said estate the sums severally and respectively due them 
agreeable to the estimate made by the judge of probate as 
aforesaid. This act to take effect and be in force from and 
after its passage. 

Approved, February 26, 1841. 



An ACT anthorizing the mutual conveyance of certain lota by and be- 
In force, Feb. tween the Auditor of Public AccountF, and J. Whitney. 

27, 1841. 

Whereas, Jonas Whitney conveyed by deed of gift to the 

Preamble State of Illinois, lots numbered nine, ten, eleven and twelve, 

ia block eight, in Whitney's addition to the town of Spring- 



TOWN PL\TS. 



309 



field, for the purpose of locating the turnout depot, &c., 
of the Nortliern Cross railroad on the same. And where- 
as, by H changje made in said turnout by the principal en- 
gineer since the donation of said lots, it becomes necessary 
to make the said location on lot number eight, in block 
eight; lots number eight and nine, in block five, and lots 
number nine, ten, eleven and twelve, in block two, in said 
addition to Springfield, instead ot the lots formerly dona- 
ted, whicli are now of no use to the State since the said 
change in the road. And whereas, it is expedient that 
the Scale obtain the last mentioned lots by surrendering 
back the former: Therefore, 

Skc. 1. Be it enacted hy the People of the State of Illinois, ^^^ ^^ j 
represented in the General Assembly^ That the Auditor of Pub- Whitney cer- 
lic Accounts, be, and ne is hereby authoiized and required to'^^i"^ ^^'^ 
convey to Jonas Whitney, lots number nine, ten, eleven and 
twelve, in block number ei;ht, so soon as s.:id Whitney shall 
convey to the State of Illinois, lot number eight, in block 
e'ght, Iota number eiglit and nine in block five, and lots nam- J-^^^*^i'"^y ^" 
ber nine, len, eleven and twelve in block two, all in Whit- <;^j,^,g ^g^jg^j^ 
ney's addition to the town of Springfield, to be used by said lots 
State for the said turnout depot on the Northern Cross rail- 
road. This act to be in force from and after its passage. 

Approved, February 27, 1841. 



An act to repeal an act therein mentioned. In force, Feb 

27, 1841 . 
Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That an act to author- -'^•^'^ repealed 
ize B'Mijamin McKay and others to lay off additional lots in 
the town of Stephenson, in Rock Island county, approved, 
February sixth, one thousand eight hundred and thirty-nine, 
be and the same is hereby repealed. 

Approved, February ^1, 1811. 



An ACT chanaiinjr a town plat therein named. In force Feb- 

* 17, 1841, 

Sec. 1. Be it enacted by the People of the State of Illinois, 
reprefentfd in the General Assehibly, That Josiah R^ndle, 
of Madison county, Illinois, is hereby authorized and em- 
powered so to alter and change the recorded plat of the P'^'"' "*" P'^' 
,Salu addition to the town of Upper Alton, in Madison ^'oun- "^^j^ ^^^^^gj " 
ty, Illinois, as to make the lots in block numbered forty- 
six and the east half of block numbered twenty-two, front 
north and south, to-wit: on Amelia and Powhattan streets, 
instead of fronting east and west, as by the said recorded 
plat said lots now do. 



310 TOWN PLATS. 

Sec. 2. The said Josiah Randlc shall, within three months 

Di . n . . from and after the passaee of this act, procure a survey of 
Plat of lots to ,,, , ,, ^, ° -CI.! jUii 

be recorded the blocks and lots above specined, to be made by the coun- 
ty surveyor of Madison county; llhnois, and execute a plat 
thereof, and have the same duly recorded, pursuant to the 
provisioiis of the laws of the State concerning town plats: 
Provided, however, That this act shall not be construed so as 
to prejudice the rights of other persons, proprietors of said 
town, or any lots thereof. 

Approved, February 17, 1841. 



In force. Feb. -^" ACT to vacate town plats. 

19 1841. 
' ' Sec. 1. Be it enacted by the People of the Slate of Illinois, 

represented in the General Assembly, That any person or per- 
sons, bodies politic or corporate, who have laid out or may 

„ , hereafter lay out any lands into town lots, streets and alleys, 

How pints */ J ' . ■■ 

maybe vaca- aixl who are the proprietors thereof, are hereby authorized 

ted to vacate said town by an instrument in writing declaratory 

of such intention, to be signed, sealed and acknowledged, as 
deeds are, which said instiument shall be recorded in the re- 
corder's office of tlie county in which the town it situate. 

Sec. 2. That in all cases where town lots have been sold 

or otherwise disposed of, the proprietors may unite in such 

written instrument, and by conforming to the requisitions of 

the first section of this act, may vacate such town plat, or 

Proviso any part tlicreof: Provided, Such vacating does not abridge 

or destroy the privileges and immunities of other proprietors. 

Sec. 3. When any town, part of town, or any addition 

thereto, shell be vacated as aforesaid, the proprietors of lots 

Further pro- may enclose the stieets, alleys and public grounds adjoining 

«so. thereto in equal proportions: Provided, Such enclosure does 

not affect or abridge the rights of other proprietors, 
temfs to*coun- ^Ec. 4. The provisions of this act shall extend to county 
ty coni'rs and commissioners and all other proprietors of towns, or parts of 
proprietorsofjQvvns, or additions thereto. This act to take effect and be 
towns j^ force from and after its passnge. 

Ajjproved, February 19, 1841. 



. , _ . An ACT to vacate a part of the town plat of Meredosla. 

la force Feb. ' 

19, 1841. gj^^^ Y, Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That all that part of 
Daniel Waldo and James E. W^aldo's addition to the town of 
vacated ^'^* Meredosia, in Morgan county, lying east of Crosby street in 
said addition, be, and the same is hereby vacated, and the 
title to the land occupied by streets in the part hereby vaca- 
ted shall be revested in the said Daniel Waldo and James E. 



TOWN PLATS. Sir 

Waldo: Provided, however. That all persons interested in P>"o'^s'^- 
said addition, and owning lots therein, shall first sign a re- 
linquishment of all their claims to the said streets and alleys, 
which instrument shall be recorded in the recorder's office of 
Morgan counLj: Ami Provided^ also, That the vacating of F'lrther pro- 
said addition shall not interfere with the vested rights of any ^'^°' 
person who may have purchased a lot or lots in said addition. 

Approved, February 19, 1841. 



An ACT in reliition to the public square in the original town of Ottawa. 

In force Feb. 
Sec. 1. Be it enacted by the People of the ^tate of Illinois, 23, 1841. 
represented in the General Assembly, That all sales hereto- 
fore made by county commissioners of the county of La Salle, 
of lots, or parts of lots, in block number eleven in the original 
town of Ottawa, in said county, be. and the same hereby are "^^l^°[ ^"'^ 
ratified and confirmed, and declared to be good and valid in ^^ * ® 
law and equity, any act heretofore passed, or any map or 
record declaring or describing: said block as a public square 
to the contrary notv\ithstanding. 

Sec. % Be it further enacted. That so much of said block *^"'''"' '"^""^ 
number eleven as remains unsold, being the west half of the 
same, shall be and remain a public square. 

Sec. 3. Be it further enacted, That the county commis- 
sioners' court of La Salle county, be, and it is hereby author- c",,5fi„"*re-'^'^ 
ized to employ a competent person to make a complete in- corder's office 
dex to the records in the recorder's office of said county; 
there shall be an index of the names of the grantors and of 
the grantees, and also, of the tracts or parcels of land, and 
the recorder of said county, after said index or indexes shall 
be so made, is hereby required to keep the same in that man- 
ner, without additional compensation. The said person so 
employed, shall take an oath faithfully to perform the duties^ ^^ ^^. 
herein required of him, which may be taken before the clerk g^ng perform- 
of the county commissioners' court, and shall be filed in the ing duty 
•ofRce of said clerk. The county commissioners' court is here- 
by authorized to pay the person so to be employed,a reason- Q^^^pp^gj^. 
able compensation, out of^ any money in the treasury of said tion 
county not otherwise appropriated. 

Approved, February 23, 1841. 



An ACT for the re-survey of the lower town of Carlyle, in Clinton 

county. Ijj force, Feb. 

20, 1841. 
Sec. 1. Beit enacted by the People of the State of Illinois, 
represented in the General A.ssembhj, That John M. Web- tJon'''-s'o Bur- 
ster, Thomas B. Afflick and William E. White, be, and ^^^y\ll,i^oi^C;iT- 
are hereby appointed commissioners to make a suivcy of theiyie 
lower t.jwn of Carlyle, as near as may be, according to the 



312 



TOWN PLATS. 



May employ original plats of said town, and for this purpose they are au- 
aasis ants thorized to employ such surveyors, chaiumen, and other as- 
sistants, as they may deem necessary. 

Sec. 2. The said commissioners shall be sworn before 
S™'" ^° ^^some judge or justice of the peace, faithfully and honestly 
to make said survey and lo adhere as closely as possible to 
the original plats of said town, not altering the width or di- 
mension of the streets or alleys, or the size of the lots. 
4- ,„„ f Sec. 3. The said commissioners shall cause a stone to be 

blocks planted at each corner ot a block or square, to be at least six 

inches above the ground and of sufficient size for said pur- 
pose. 

Sue. 4. The surveyor and chainmen shall be sworn, in 
Assistants to l''^® manner, to the correct and honest performance of their 
be sworn duties. 

Sec. 5. The said survey shall be completed within one year 

Time of com- after the passage of this act, and a well executed plat thereof 

p etioii gi^^jj jjg jj^ajg (jy |[^g gj^jjj commissioners, <^n which they shall 

sign, and certify under oath that the same is correct, and 

Plat to be re- which shall be recorded in the recorder's office of Clinton 

*'""® county, and a certified copy of which, under the hand and 

seal of the recorder, shall ba competent evidence, without 

other proof, of the facts manifested by it, in all the courts of 

this State. 

Tax to pay g^^^ q To defray the expense of said survey the board 

expenses of » , r ■ , i if i i j 

survey Of trustees of said town shall have power to lay a tax upon 

the owners of lots in said town, and if the same is not 

promptly paid, the said trustees may proceed against the lot 

by its number and description, or against the owner if km-wn, 

Lots may be before any justice of the peace of the county, to recover said 

6old tax, and a judgment being rendered therefor, either against 

the lot when the owner is unknown, or against the owner if 

known, execution may issue as in other cases; and if the 

same is not redeemed within one year by the payment of the 

Lots not re- amount of the judgment and one hundred per cent, thereon^ 

deemed to jjjg j^^ shall vest absolutelv in the purchaser, his heirs or as- 
rest in pur- • . r ? 

chaser S^g^S. 

Sec. 7. Upon such sales being made, the officer making 
them, shall in each case grant the usual ceriificate to the pur- 
chaser as in other judicial sales. 
L'o. com'rs to ^^0. 8. In case of death, resignation, removal or refusal 
fill vacancies to act of anv of the above named commissioners, the county 
commissioners' court of the county of Clinton, shall have 
power and are hereby required to fill all such vacancies. 

Approved, February 20, 1841'. 



TOWN PLATS. 313 

An ACT to authorize the sale of streets, in Hillsboro'. In force Feb. 

23, 1841. 
^ Sfx. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county commis- 
sioners, of the county of Montgomery, be authorized and re-Co. comm'r<s 
quired, so soon as may be, to sell, at public sale, on such terms to sell streets. 
as they m'W prescribe, the street, in the town of Hillsboro', 
sixty feet by one hundred and twenty, lying between lots 
number twenty on the north and twenty-nine and thirty on 
the south; and also, the correspondent street, on the east of 
Main street, and due east of the street first named; and to 
convey said streets to the purchaser or purchasers thereof, as 
other lots in said town. 

Sec. 2. Said county commissioners shall, before the sale Streets to be 
and conveyance of said streets, as aforesaid, number said streets ^^" "^?" '°^ 
as lots, and add them to the plan or map of said town of Hills- 
boro': Provided, That no sale, as above stated shall take pl.iCe, Proviso, 
unless the citizens of said town, immediately interested, shall 
assent to the same, in writing — which shall be signed by said Assent of citi- 
pcrsons, and recorded in the recorder's ofiicc of said county. ^^"^^° bere- 

Approved^ February *23, 1841. 



An ACT to vacate the plat of the town of Iowa, in Perry county. \^ force Feb. 

24 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois^ 

represented in the General Assembly, That the survey and plat 
of the town of Iowa, in Perry county, be and the same is here- ^^'^^ vacated, 
by vacated : Provided, The assent ol owners of any lots in said Proviso, 
town, other than the proprietors, shall tirst be obtained; which 
assent shall be obtained in writing, and recorded in the record- 
er's office of Perry county. This act to take etfect and be in 
force from and after its passage. 

Approved^ February 24, 1841. 



An ACT authorizing the proprietors of Metropolis City, in the county of 

Johnson, to alter the plat thereof. j^j fg-^p pgu 

24 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois, ' 

represented in the General Assembly, That James H. G. Wilcox 

and William McBean, proprietors of Metropolis City, in the Proprietor o^ 

county of Johnson, be and the same are hereby authorized to ^||,^jtj,jn™ t^ 

extend and add to the front of blocks number live and six, in blocks & lots. 

said city, so much of Front street as will bring the front of 

said blocks in a direct line with the front of blocks number one, 

two, three and four, agreeable to the oiiginal plat of said city; 

thence, by a line from the southwest corner of block number s 

six, west tifty degrees and twenty minutes north, to the east 

side of Johnson street, which shall be the boundry line of the 

north side of Front street. Also, First street, in said city, is 

hereby laid over and permanently established eighty feet fur- 



314 



tOWN PLATS. 



Depth 
blocks. 



of 



Proviso. 



ther north than the present location, and the width thereof is 
hereby reduced ten feet; the land so thrown off and the ten 
feet deducted from the width of First street, beins; in all ninety 
feet, is hereby add2d to the lots and blocks on the south side 
of said First street, to wit: Blocks number one, two, three, 
four, five and six, and blocks number thirty-nine and forty — 
the two latter blocks being created by the abovenamed alter- 
ations — the whole to be divided by a line in the centre, making 
all the lots, on either side of said line, equal in depth, from 
block number one to block number six; thence west, throutrh 
blocks number thirty-nine and forty, as the proprietors of said 
city may deem proper. Also, First Minor street, in said city, 
is hereby reduced, in width, ten feet — said ten feet to be taken 
off the south side of said Minor street; and the land thus thrown 
off, is hereby added to the lots on the south side of said street. 
By the above alterations, the width of First Minor street is 
fixed at fourteen feet; the depth of lots between First Minor 
street and First street, at eighty feet; the width of First street, 
at seventy feet, including side walks, of ten feet each; the 
whole depth of blocks, between Front and First street, at one 
hundred and forty feet, from block number one to block num- 
ber six; and blocks number thirty-nine and forty, as shall be 
hereafter recorded, by the above named proprietors of said city. 
The said proprietors are hereby authorized to make the above 
alterations: Provided^ It shall be incumbent on the said pro- 
prietors to procure the assent, in writing, to said alterations, 
from the purchasers of lots in said city; which, together with 
a plat, showing the alterations and additions, shall be recorded 
in the recorder's office of Johnson county. 

Approved, February 24, 1 841. 



An ACT to authorize Philo M. Knapp to enclose certain streets and alleys 
In force, Feb. i" Little's adiJition to the town of Canton. 

26, 1841. 

Sec. 1. Be il enacted hy the People of the State of Illinois^ 

represented in the General Assembly, That Philo M. Knapp, 
Streets and ^^ iiereby authorized and empowered to enclose the streets 
alleys may be '^i^cl alleys, and to cultivate all that part of Little's addition of 
enclosed." lots to the town of Canton, in the county of Fulton, and State 
of Illinois, which lies north of Commercial street, in said addi- 
tion, except Main street and that part of State street which 
Proviso. lies west of Main street, in said addition: Provided, The con- 

sent be first obtained, in writing, of all persons owning lots in 
said addition, and recorded in the recorder's office of Fulton 
county. 

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

Approved^ February 26, 1841. 



TOWNS. 



313 



An ACT to define the corporate limits of the town of Lacon, and to vacate 

the pjat of the town of Auburn. jjj force Feb. 

27, 1841. ' 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the limits of the cor- 
poration of rhc town of Lacon, in the county of Marshall, shall 
be construed to include the south-oast fractional quarter of sec- Boundaries , 
tion twenty-six, the south-west quarter of section twenty-five, 
the northwest quarter of section thirty-six, and the north- 
east fractional quarter of section thirty-five — all in township 
thirty north, of range three west of the fourth principal meri- 
dian. 

Sep. 2. That the entire town plat of the town of Auburn, Plat vacated., 
in the county of Marshall, is hereby declared to be vacated. 

Approved^ Fcbi^uary 27, 184 1. 



An ACT to vacate a part of the plat of Vermilionville, in La Salle county. 

In force, Dec . 
Skc. 1. Be it enacted by the People of the Slate of Illinois, 14, 1840. 
represented in the General Assembly, That Jabez Whilinjr is J. Whiting 

hereby authorized to vacate so much of the town plat of Ver- ™«y vacate 
... - ... • r r>. 11 c-K. r Til- • 1- , part oi town 

mihonville, m La Salle county, State of Ilhnois. as hes vvestpj^^, 

of Centre street, in said town : Provided^ That said Jabez Whi- 
ting shall be the sole owner of that part of the plat of said Proviso, 
town, and shall make out such vacation, in writing, which 
shall be acknowledged before some justice of the peace, and 
recorded in the recorder's office in said county. 

Approved, December 14, 1840. 



An ACT to vacate the town plat of ihe town of Lancaster, in Henry county. 

In force, Dec, 
Sec. 1. Be it enacted by the People of the State of Illinois, 16, 1840. 
represented in the General Assembly, That the entire town plat 
of the town of Lancaster, in the county of Henry, as laid otF^^^^ vacated. 
and rccoided, is hereby declared to be vacated: P''^^^^^^^ Proviso . 
This act shall not interfere or prejudice the rights of any indi- 
vidual or individuals, who may have become the purchasers of 
any lot or lots in the aforesaid town. This actio be in force 
from and after its passage. 

Approved, December 16, 1840. 



An A(yT to vacate the town plat of the town of Livingston. j^ fof^e Jan. 

7 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That John McGhce, the 
proprietor of the town of Livingsion, situate in township twen- ^'*' vacated. 
ty-five north, range one east of the third principal n»cridian, in 
the county of McLean, be, and he is hereby authorized to va- 
cate the survey and plat of the said town: Provided, That the Proviso. 



316 



TOWNS. 



said John McGhee shall be the owner of the entire plat of 
said town, and shall make out such vacation, in writinnf, wl)ich 
shall be acknowledged before some justice of the peace, and 
recorded in the recorder's office in said county. 

Sec. 2. That the town plat of the town of Cicero, in the 

PlatofCicero county of Sangamon, be vac.ited: Provided^ That John S^a- 

thain and Archibald Constant, or the heirs of them or cither 

of them, be the sole proprietors of said town at the passage of 

this act. 

u • P 1 ^^^' ^' That blocks numbered six, seven, eight and nine, 

edonia ^vaca-°^ ^''® P'*'^^ ®^ ^'^® town of Caledonia, in the county of Putnam, 

ned. are her by vacated: Provided, That P. G. Young be the sole 

proprietor of said blocks at the passage of this act. 

App-oved, January 7, 1S41. 



An ACT to vacate n pnrt of the town plat of Bennett's afMitioti to the 
In force, Jan. town of Petcrshurs;, in the c^nnty of Menard, and nnthorizlns ihe >wii- 
26, 1841. ers «>f blocks, in the town of Potersburg and the additions thereto, to close 

the alleys. 

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

represented in the General Assembly, That all that part of 

Part of plat the survey and plat of Bennett's addition to the town of Pe- 

▼acated. tersburg, in the county of Menard, lying west of blocks one 

and six, in said addition, be, and the same is he.'cby vacated: 

Proviso. Provided, The assent of the owners of any lots, in so much as 

is hereby vacated, shall first be obtained, which assent shall 

be made in writin'^, and recorded in the recorder's office of 

said county of Menard. 

Sec. 2, And he it farther enacted^ That the owner or own* 

Alleys may be ers of any block or blocks, in the town of Petersburg, in the 

closed. county of Menard, or in any of the additions tiiereto, be, and 

they are hereby authorized to stop up or enclose the alleys in 

roviso. jj^ji gy^j^ block or blocks: Provided^ The assent of all those 

owning a lot or lots in such block or blocks, be first obtiincd, 
Assent of ow- i • i 4. u n i 1 • • • 11 1111 

nersto be ob- '^^"^^''^ assent shall be made m writnig, and acknowledged re- 
tained, fore some justice of the peace, in said county of Menard, and 
be recorded in the recorder's office of said county; and the 
said alleys shall forever remiin closed, unless, by consent of 
those interested, as above ment'oncd, they shall agree to open 
the same. 

SiiC. 3. This act to take effect from and after its passage. 

Approved^ January 26, lb41. 



TOWNS. 



3it 



An ACT to repeal "An act to incorporate the town of Juliet, and define 

lis bouudaiiea." I„ f^^^e j^^ 

27 1841. 
Sec. 1. Be it enacted by ih". People of the Slate of Illinois^ ' 

represented in the General Assembly^ That the act, entitled "An 

act to incorporate tlie town of Juliet, and define its boundti- 

ries," approved, March first, one thousand eight hundred and *^ ''^P^^ ^ 

thirfy-seven, shall be, and the same is hereby repealed. 

Sec. 2. The present board of trustees of the said town are 

authorized to settle all the accounts, debts or demands, cither '^''"f'^!^^'^^^' 

m P r •! i-i"i _96ttlC ilCC 18— 

in favor or or agamst the corporation ol the said town oi 
Juliet; and for this purpose, and no other, they shall be capa- 
ble of suing and being sued, as under the provisions of the act 
which is hereby repealed. 

Approved, January 27, 1841. 



An ACT to incorporate the town of Macomb. In force Jan. 

27, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the following is de- 
clared the boundaries of the town of Macomb, in McDonough 
county, that is to say: One square mile, laid out by lines run- Boundary of 
ningdue north and south, east and west, and the centre of the corporation, 
public square, in said town of Macomb, to be the centre of 
said squar*^ mile. And the inhabitants of said town, and all 
witliin said boundaries, shall be, and are hereby constituted a 
body politic and corporare, by the name and style of the 
"President and Trustees of the town of Macomb;" and by 
that name they and their successors shall be known in law — 
have perpetual succession — sue and be sued — plead and be 
impleaded — defend and be deienJed.in courts ol law and equi- 
ty, in all matters and actions whatsoever — grant, purchase, re- pu^rchasfand 
ceive and hold property, both real and personal, within said hold property 
town of Macomb, and no other, (burial grounds excepted,) and 
may h^ase, sell and onvey, and dispose of the same, for the 
benefit of said town; and may lease any of the reserved lands May lease 
which have been appropriated by the original proprietors to lands, 
the use of said town; and tnay borrow and expend money, for 
the improve ment of said town; and may do all other acts as 
natural persons; may have a common seal, and may break 
or alter the same at pleasure. 

Skc. 2. The corporate powers and duties of said town shall ^^^^ trustees 
be vested in five trustees, to be chosen and appointed as here- '° ® ^ "^^°' 
inafter provided, who shall form a board, for the transaction 
of business. 

Sei-'. 3. The members, composing the board of trustees, 
shall be elected by persons residing within the said town and j^gg'^ to hold 
incorporated limits, to serve for one year, and until their sue- their offices 
cessors shall be elected and qualified ; they shall be at least f^ one year- 
twenty-one years of age, and inhabitants of said incorporated 
limits three months, next preceding said election. 



3iS TOWNS. 

Sec. 4. The board of trustees shall appoint their president 

ShalljucJg-e of and all other officers of their board, and shall be judges of the 

the qiialifica- qualilications of voters, elections and returns of tiieir own 
tionsot voters i. ••, in ,• ^ l i i,ii- 

mcLnbcrs; a majority shall constitute a board, to do business, 

but a smaller number may adjourn from day to day, and may 
compel the attendance of absent members, in such manner 
and under such penalties as the board may provide; they may 
determine the rules of proceeding, punish their members for 
disorderly conduct, and by the concurrence of two-thirds of 
May expel a the whole number elect, expel a member; and make such 
member. other ruies and regulations, for their own government, not in- 
consistent with the Constitution and laws of this State; and to 
fill vacancies in said board, as to them may seem proper and 
expedient. 

Sec. 5. The board of trustees shall have power, by ordi- 
Power to levy nance, to levy and collect taxes upon all real and personal 
and collect property within the town and limits of the corporation, not 
exceeding one-half of one per centum per annum upon the 
assessed value thereof; to make regulations to secure the ge- 
neral health of the inhabitants; to prevent and remove nui- 
nkht watches ^'^'^^^^' ^^ establish night watches; to erect lamps in the 
streets, and lighting the same; to license theatrical and all 
License shows other shows and amusements; to restrain and piohibit gaming 
houses, bawdy houses, and other disorderly houses; to estab- 
lish and repair bridges; to build a market house; to establish 
and regulate markets; to open and keep in repair streets, ave- 
nues, lanes, alleys^ drains, sewers and culverts, and to keep the 
same clean ; to provide for the prevention and extinguishment 
J)W ell and ^'^ ^'^^ ' ^^ ^'§ wells and erect pumps, in the squaie or streets 
erect pumps, ^r both, for the convenience of the inhabitants; to regulai.e the 
police of said town ; to regulate the compensation of the town 
officers; and, from time to time, to pass such ordinances as 
may be necessary to carry into etFect the objects of this act 
Impose fines ^^d the powcrs hereby granted; and to impose fines and for- 
& forfeitures, feituies for the breach of any ordinance or by-laws, and provide 
tor the collection of the same. And that in all cases aiising 
Anyjusticeof ^^^'^'^'"^^^i^ '*'^'' of incorporation any justice of the peace, wiihin 
the peacp in said Corporation, shall have jurisdiction to hear and determine 

said corpora- j[^g same; and an appeal may be taken and writs oi certiorari 

tion, to have ,, , ,. i i • " • i 

jurisdiction, allowed, trom any such decision, in the .^amc manner as is now 

or hereafter may be allowed by law, for appealing from judg- 
ments of justices of the peace. 

Sec. 6. The board of trustees of said town are vested with 
Prevent run^^® power to declare what shall be considered a nuisance, 
ning of horses, within said town; to prevent the running and indecent exhi- 
bition of horses, within the bounds of said corpoiation; to 
provide for the trial and punishment of persons who may be 
engaged in assaults, assaults and batteries, and afli*ay.s, within 
* the limits thereof, and to provide that such punishment may 

be inflicted by fine, or imprisonment, in the county jail, for 
any oflfence against the ordinances of said corporation, as is or 



TOWNS. 34j^ 

may be provided by law for like ofienees against the laws of 

this State: Provided, That no person shall be deprived of the Trial by jurj, 

rights of a trial by jury, in any case where such person would 

be entitled to a trial by a jury, for a like ollence, under the 

laws of this State: Ancfproyic/etiyM/i/ier, That no tine render- jpj„^g m,^ j^, 

ed under th ; provisions of this act shall exceed the sum of fifty exceed fiftj- 

dollars, nor shall any person be imprisoned for a longer period dollars. 

than ten days. 

Sec. 7. That upon the application of owners of two-thirds 
of the front of the lots, on any street, it shall be lawful for the Collect a ape- 
board of trustees to levy and collect a special tax on the pro- '^ ^^^ ■ 
party of. the owners ol said lots on said street or part of a 
street, according to their respective (ronts, for the purpose of 
grading and paving the side walks of said street or part of a 
street. 

Sec. S. The baard of trustees shall have power to regu- Extenrl, open 
late, grade, pave and improve the streets, avenues, lanes and ^"^ widen 
alleys, withia the limits ol said town and incorporation, and^ 
to extend, open and widen the same, making the person or per- 
sons injured thereby adequate compensation — to ascertain 

which, the board shall cause fto be summoned] twelve good p^"^^. '*^^^v« 

J I - , „ 111 1 ■ . 1 • J ■ • 1 ° lawful men to 

ana iawiul men, ireeholders and mnabitants ot said town, notbeaumrauned. 

directly interested, who, beirjg first duly sworn ior that pur- 
pose, shall inquire into and take into consideration as well the 
benefits as the injury which may accrue, and estimate and as-Egti^i^tg ^^^ 
sess tiie damage which would be sustained by reason of the benefus to o- 
openitig, extending or widening of any street, avenue, lane or ''j^'' individu- 
alley; and they sliall, moreover, estimate the amount whicb ' ^' 
other persons will be benefited thereby, and shall contribute 
towards compensating the person or persons injured thereby;. 
all of which shall be returned to the board of trustees, under 
their hands and seals; and ihe persons who shall be benefit- 
ed, and so assessed, shall pay tne same, in such manner as 
shall be provided, and the residue, if any, shall be paid out of 
the town treasury. 

Sec. U. All ordinances shall, within one month after they Orfiinfmces tp 
are. passed, be published in some newspaper, printed in or near be published, 
said town, or be posted up in three of the most public pUices 
in said town, for two weeks, at least, before taking effect. 

Sec. 10. That when any real estate, in said town of Ma- Redempt'n oi. 
comb, shall have been sold by the authority of the corporation 'c'l' estate. 
thereol", the same shall be subject to redemption, in the same 
manner as is provided by the authority of this State. 

Sec. 11. The me:nbers of the boaid of trustees, and every Shall take an 
officer ol said corporation, shall, before entering upon the du-oath. 
ties of his oliice, take an oath or affirmation, belore some 
judge or justice of the peace, to support the Constitution of the 
United States and of this State, and faithfully to demean 
tiiemselves in office. 

Sec. 1"2. The board of trustees shall have power to ap- 
point one treasurer, one clerk, one assessor of taxable property 



320 TOWNS. 

in said town and corporation, one collector of taxes levied 
on said property, one supervisor of streets, and one town con- 
stable, who shall possess tiie same powers and perform the 
same duties, \yithin said town, as other constables, and shall be 
entitled to the same compensation. 

Sec. 13. No person residing within the corporate limits 
, of said town shall be required to do any road labor on any 
on roadroutfo^d o^t ol the corporate limits aloresaid; but the trustees of 
of corporation said town may require the same quantity of labor to be done 
by the inhabitants of said town, on the roads, streets, alleys, 
lanes and avenues, of said town, as they would be required to 
perform on the road of the county, were said town not incor- 
porated. 

Sec. 14. A conviction of any otTcnce under this act or un- 
Not be tried der any by-law or ordinance, made in pursuance of this act* 
twice for the gj^g^jj |jg ^ b^r to any similar prosecution by the people for 
same oifence. ., rr 

the same oiience. 

Sec. 15. No person shall be allowed to vote for trustees* 
Qualification of said town, unless he be qualified to vote for representaiive? 
of voters. ^^ ^l^^ General Assembly: Provided^ No person shall be allow- 
ed to vote for trustees, aforesaid, unless he shall [be] bona fide 
a resident within the corporate limits of said town. 

Sec. 16. That it shall be the duty of any justice of the 
Duties of jns- peace, residing in said town, and he is hereby authorized and 
rices of theg^pQ^gj.g(j^ q^ complaint being made to him, on oath, or his 
peace. ^j^^ ^^ ^^^ violation of any law or ordinance of said corpora- 

tion, to issue his warrant, directed to the town constable, or to 
any authorized officer of the county, to apprehend the ofiend- 
er or offenders and bring him or them forthwith before him; 
and, after hearing the evidence, if it shall appear that the 
said accused has been guilty of a violation of any such law or 
ordinance of the corporation, to impose such fine as shall be 
pointed out in such law or ordinance, subject to the provisions 
of the sixth section of this act. 

Sec. 17. The first election of trustees, under this act, shall 
First election be held on the first Monday in April, eighteen hundred and 
of trustees, forty-one, and an election on the first Monday in Apiil, annu- 
ally, ihereaftei'; but should an election not be held at the reg- 
ular time of holding the same, the clerk of the old board of 
trustees, or any two citizens of said town, may, at any time, 
call an election, by giving at least ten days' notice of the object, 
time and place of election. Nothing in this act shall be so 
construed as to release said corporation from the debts and lia» 
bilities of the present incorporation of said town. 

Approved^ January 27, 1841. 



TOWNS. • 331 

An ACT to incorporate the town of Galesburg, in Knox county. In force, Jan. 

27, 1841. 

Skc. 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, Tliat the individuals and 
residents of the town of Gale? burg, in Knox county, in the 
State aforesaid, are hereby made a body corporate and politic, Body politic. 
in law and in fact, by the name and style of the "President and 
Trustees of the town oi' Galesburg;" and by that name shall 
have perpetual succession; and may have and use a common 
seal, which they may alter or revoke at pleasure; and in By whom ma- 
whom the government of said corporation shall be vested, and nagcd. 
by whom its affairs shall be managed. 

Sec. "2. That oil that section of country contained in the Location or 
south half of section ten, the north half of section fifteen, the boundary, 
north-east quarter ot section sixteen, the south-east quarter of 
section nine, the south-west quarter of section eleven, and 
the north-west quarter of section fourteen, in township number 
eleven north of the base line, of range number one east of the 
fourth principal meridian, is hereby declared to be within the 
boundai les of the town of Galesburg. 

Sec. 3. That an election shall be held in said town, on ^jg^jjj^jjjg 
the first Monday of April next, for the purpose of electing when held. 
five trustees — to hold their offices one year and until their suc- 
cessors are elected and qualified; and forever thereafter an 
election shall be holden on the first Monday of April, annual- 
ly, for not leb.s than five trustees nor more than nine, as the Five trustees 
trustees or inhabitants of said town may desire, after the first '» ^^ elected 
election ; and public notice of the tmie and place of holding ^"""^ ^' 
said election shall be given by the president and trustees, by Notice of elec- 
an advertisement, published in a newspaper in said town, or*^o"*o begiv- 
by posting up, in four of the most public places in said town, at ^"' 
least ten days before the election. No person shall be a trus- 
tee of said town, who has not arrived at the age of twenty- Qualification 
one years; who has not resided in said town six months, next''* trustees, 
preceding his election. All free white male inhabitants, over 
twenty-one years of age, who have resided in said town six Whoareenti- 
monttis, next preceding an election, shall be entitled to vote ^^^^ '° '^"*^- 
for trustees. And the said trustees shall, at their first meeting, 
proceed to elect one of their body president; and shall have Vacancies, 
power to fill all vacancies in said board, which may be occa- ^'°^ ^*'^^- 
sioned by death, resignation, removal, or six months absence 
from the town. 

Skc. 4. At the time of electing trustees, as aforesaid, there clerk asses- 
shall also be electcil one clerk, one assessor, one treasurer, and sor, treasurer 

one supervisor, and such other officers as the board of trustees *"^^ snpervi- 

di I II .1 . , ■, sor elected. 

^ cem necessary — who shall, respectively, enter into bond, 

in such penalty and under such restrictions as the board of 

trustees may direct; and after the first election for trustees 

and other officer-;, the board of trustees shall be judges of the . , 

qualifications, elections and returns of their own members and ekc^ion.*^ 

such other interior officers as may be elected ; a majority shall 

21 



222 



T6WNS. 



Attendance of constitute a board to do business, but a smaller number may ad" 
bers. ' journ iVom day to day — nmy compel the attendance of absent 

members, in such manner and under such penalties as the 
Penalties. boa.d may provide ; they may determine the rules of proceed- 
ing, and make such other rules and regulations, for their own 
government pnd t'lat of the inferior officers, as to them may 
seem proper and expedient. 

Sec. . That the board of trustees shall have power to 
Trustees to levy and collect taxes, upon all real estate within the town 
levy and coi-^^jj limits of the corporation, not exceeding one per centum 
upon the assessed value thereof; to make regulations to secure 
the general health of the inhabitants; to prevent and remove 
nuisances; to provide for licensing and taxing taverns, stores* 
P groceries, auctioneers, theatrical and other shows, within the 

corporation; to prohibit and restrain gambling houses, bawdy 
houses, and other disorderly houses; to build market houses, 
to reguhite the same; to open and keep in repair streets, lanes, 
alleys, drains and sewers, and to keep the same clear: and, 
from time to time to pass such ordinances, to carry into < fFect 
the provisions of this act arid the powers hereby granted, as the 
good of the inhabitants may require; and to impose and ap- 
propriate fines and forfeitures for the breach of any ordinance,, 
and provide for the collection thereof. And that in all cases 
arising under this act, or growing out of the by-laws and or- 
dinances, made in pursuance of this act of incorporation, any 
justice of the peace, within said corporation, shall have juris- 
di(;tion, to hear f:nd determine the same; and an appeal may 

,„ . ^ be taken, and writs o'i a-rtiorari allowed, from any such dcci- 

Writs of cer- . . ; . ^ ct. i. 

tiorarx to be sion, m the same manner as is now or her'^aiter may be provi- 

had. ded by law for appealing from judgments of justices of the 

peace: Providerl, however, That ihe said trustees shall, in no 
case, levy and collect a tax upon any lands, until the same 
shall have been laid otTinto town lots and recorded. 

Sec. 6. That upon the application of the owners of two- 

. J. . thirds of the front lots, on any street or parts of a street, it 

of owners ofshall be lawful for tnc board of trustees to levy ond collect a 

Jois. special tax, on the owners of the lots on such street or parts of 

a street, according to their respective fronts, not to exceed one 

per cent., for the purpose of grading and paving the side walks 

on said streets. 

Sec. 7. Th6 board of trustees shall have power to regulate, 
Powers grade, pave and improve the streets, avenues, lanes and alleys, 

within the limits of said town corporation, and to extend, 
open and widen the same — making the person or persons in- 
jured thereby, adequ.ite compensation, to ascertain which, the 
said board shall cause to be summoned six good and lawful 
men, freeholders and citizens of said town, not directly inter- 
ested, who, being first duly sworn for that purpose, shall in- 
quire into and take into consideration, os well the benefits as 
the injury which may accrue, and estimate and assess the da- 
mages which would be sustained by reason of the opening. 



TOWNS. 



as3. 



extending or widening of any street, avenue, lane or alley; 
and shall, moreover, estimate the amount whicli other persons 
will be benefited thereby, and shall contribute toward? com- 
pensating the persons injured — all of which shall be returned 
to the board of trustees, under their hands and seals: and the 
person which shall be benefited, and so assessed, shall pay the 
same, in such manner as shall be provided by the board of 
trustees ; and the residue, if any, shall be paid out of the town 
treasury. The board of trustees shall have power to pass 
such by-laws or ordinances, from time to time, as to them may 
seem expedient, and not inconsistent with any public law of 
this State, as the good of the citizens of said town may require. 

Sec. 8. That "all ordinances of said trustees shall be fairly Ordinances to 
written out, signed by the clerk, and published in a newspa- ^ ^" ^" °"' 
per printed in the town or posted up at three of the most pub- 
lic places in said town, and no ordinance sh dl be in force un- 
til published as aforesaid. The board of trustees shall also 
provide a well bound book, or books, in which a fair and cor- 
rect record of all ordinances and other proceedings shall be p , . 

,..,,,, Ill 1 1 1 r • I • 1 ■ . Record to be 

iaitnlully recorded by the clerk oi said corporation, and signed kept. 
by the president of the board of trustees, and shall be open 
at all times for inspection and examination by the citizens of 
said town. 

Sec. 9. That the board of trustees are also vested witli Powers, 
power to declare what shall be considered a nuisance 
within said town, and incorporated limits, to prevent the run- 
ning and indecent exhibition of horses within the bounds of 
said town; to provide for the trial and punishment of persons 
who may be engaged in assaults, assaults and batteries, and 
affrays within the Ijmits of said corporation; and to provide 
that such punishment may be inflicted for any offence against 
the laws, or ordinances of the corporation as is or may be pro- 
vided by law for like offences against the laws of this State: 
Provided, That no person shall be deprived of the right of the Proviso, 
trial by a jury in any case where such person would be entitled 
to a trial by a jury, for a like offence against the laws of the 
State. 

Sec. 10. The board of trustees shall have power to adopt Taxes, 
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 projicrty, when the 
taxes levied upon it are not paid: Provided, however, That 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 adver- 
tisement in a newspaper or by posting up written notices in 
three of the most public places in said town, at least twenty 
days previous to any such sale for taxes. 

Sec. 11. That when any town lot or lots, or real estate Redemption 
shall be sold for taxes, by virtue of this act, the same may be °^ '°^*- 
redeemed at any time within two years from the date of sale, 



3'^1 TOWNS. 

by the owner of said property, his or her heirs, or assigns^ 
agents, administrators or executors, paying to the treasurer 
of said town for the use of the purchaser of said property the 
fuh amount of purchase money, with interest at the rate of 
fifty per cent, per annum, together with the costs accruing 
thereon. 
Oath to be ta- Sec. 12. That the members of the board of trustees and 
ken. every other officer of said corporation, shall, before entering 

on the duties of their office, respectively take an. oath or 
affirmation before some judge or justice of the peace, to sup- 
port the Constitution of the United States and of this State, 
and faithfully to demean themselves in office. 

tJel^Sd *** ^^^- ^^- '^'^^^ ^^^^^ ^h^^' ^^ °"^ ^°^" constable elected^ 
at the same time and place of electing trustees and other offi- 
cers^ who shall hold his office for one year and until his suc- 
cessor is elected and qualified, who shall be authorized and re- 
quired to execute all writs, process and precepts, which may 
be issued against persons for the violation of the laws or or- 
dinances of the corporation; and to arrest on view, all persons 
who may violate such laws or ordinances, to collect all fines, 
forfeitures and penalties which may be assessed or recovered 
for the use of the corporation; said constable shall enter into 
bond and security in such suni as the trustees of said corpora- 
tion may think proper, and paj'able to the trustees of said cor- 
poration. 
Justice's ilis- Sec. 14. That all that district of country included within 
'^*^^ the corporate limits of said town, be, and the same is hereby 

constituted into a district for the election of a justice of the 
peace. 
Duties of CO. Sec. 15. That the county commissioners' court of the 
^^m'rs. o^county of Knox, are hereby authorized an'd required to cause 
an election to be held hereafter .as soon as practicable, and at 
each quadrennial election thereafter, for one justice of the 
peace, in said district. The justice of the peace elected shall 
hold his office until the next general election for justice of the 
peace, at which time his successor shall be elected as in other 
cases; and the person so selected, shall have and exercise the 
same jurisdiction, hold his office by the same tenure and be 
under the same regulations in all respects as other justices of 
the peace of this State. 

Sec. 16. That the board of trustees, for the purpose of 
keeping the streets and alleys in said town, and incorpora- 
ted limits, and the public roads passing from and through the 
centre of said town in good repair, are authorized to require 
every male resident of said town and incorporated limit^i, over 
the age of eighteen years, to labor in said streets, alleys, and 
roads, not less than one, nor more than three days in each 
year, and any person who shall be notified by the street in- 
spector to perform such labor so assessed as herein provided, 
and shall fail or neglect to perform the same, s|;iall forfeit and 



Powers. 



TOWNS. 325 

pay the sum of one dollar for each day's labor neglected to be 
performed; and the street inspector in said town is hereby au- 
thorized to prosecute such delinquent persons in the name of Suits before 
the president and trustees of the town of Galesburg, before justices 
any justice of the peace in said county, and said street inspec- 
tor shall be a competent witness against said delinquent, and 
in case of default as aforesaid, the justice of the peace shall en- 
ter up judgment against said delinquent for the amount so 
forfeited, with costs of suit, and issue execution forthwith. 

Sec. 17. That it shall be the duty of any justice of the jygjj,,ggQf,|,g 
peace, residing in said town, and he is hereby authorized and peace empow- 
empowered, on complaint being made to him, on oath, of the^'"*''^ 
violation of any law or ordinance of the corporation, or upon 
view, to issue his warrant, directed to the town constable or 
any other authorized officer, to apprehend the ofTender or 
offenders, and bring him or them forthwith before him, and 
after hearing the evidence, if it shall appear that the accused 
has been guilty of the violation of any such law, or ordinance 
of the corporation to impose such fine as shall be provided in 
such law or ordinance: Provided, Sjch fine shall not exceed Proviso, 
fifty dollars. 

Sec. 18. That the said trusteeis are hereby made capable Powers 
in law to take and hold to themselves and their successors, 
any lands, tenements, hereditaments and the rents, issues, and 
profits thereof, which may be necessary for the erection of 
any market-house, and other public buildings, to promote the Public build- 
interest and public good of the citizens of said town, and the^^'^s ^^ ^^ ®" 
same to sell, grant, and dispose of if necessary, and to sue and'^^'' ^ 
be sued, plead and be impleaded, answer and be answered, in 
any court or place whatever; and all suits and judicial pro- 
ceedings under this act, shall be brought in the name and 
style of "The President and Trustees of the town of Gales- 
burg." 

Sec. 19. That justices of the peace and constables who Justices and 
are required to render services under this act shall be entitled constables 
to the same fees, and collect them in the same manner as now 
is, or hereafter may be provided by law. 

Sec 20. That the town constable as provided for in the Give bond 
thirteenth section of this act, shall have and possess, the 
same powers, and perform the same duties in other respects 
as the constables in the different districts in the county possess, 
who shall give sufficient bonds accordingly, to be approved of 
by the board of trustees. 

Sec. 21. This act shall be deemed and taken to be a pub- 
lic act. Approved, January 27, 1841. 



L 



336 TOWNS. 

In force Jan* An ACT to vacate a part of the town plat of the town Griggsville. 
27, 1841. 

Sec. 1. Be it enacted by the People of ihe Slate of Illinois, 
p . represented in the General Assembly, That so much of the to\vn 

vacatetl plat of the town of Griggsville, as Hes between Federal and 

Stanford streets, being blocks numbered twenty-one, twenty- 
two, twenty-seven and twenty-eight, be, and the same is here- 
by vacated. That so much of the town plat of the town of 
Griggsville as lies between Federal and Beckford streets being 
blocks numbered nineteen, twenty, twenty-nine and thirty, be, 
wm toVha"(l ^^^ the same is hereby vacated: Fro^zV/ec;, a/so, That the con- 
sent of the owners of lots in said blocks, should there be any 
other than the proprietor, shall first be obtained. 

Approved, January 27, 1841. 



In force Jan. A"* ACT concerning the town of Belvidere, 

29, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinoisj 

Sales valid represented inthe General Assembly, That all sales of lots in the 
town ol Belvidere, in the county of Boone., made by the coftinty 
commissioners of said county, or by iheir agent or agents duly 
authorized to make such sales, shall be as valid in every re- 
spect as if certificate of acknowledgment of the plat of said 
town, had been duly recorded according to the provisions of 
an act, entitled "An act providing for the recording of town 
plats," approved, February twenty-seven, one thousand eight 
hundred and ihiriy-three. 

Com'rsreloas- Sec 2. Be it farther enacted, That the county commis- 
sioners of the said county of Boone, and all persons who have ac- 
ted under them, are hereby released from all forfeitures and 
penalties incurred by leasing or selling any lot or lots in said 
town. 

Ackuowledg. Sec. 3. Be it further enacted, That the countv commis- 

meniofcom'r . r • , ^ j. r i.i u ii u r 

sionersof said county, or any two oi them, shall on or beiore 

the first Monday of June next, acknowledge the map or 
plat of 8aid town before some justice of the peace of said 
county, who shall make a certifr.ate of such acknowledgment, 
which shall be recorded by the recorder of said county. 
Dutyofcomr'3 ^^^' 4. Be it further enacted, That the county commis- 
sioners of said county are hereby authorized so to alter the 
State road through the said town of Belvidere, as to make it 
run through the said town on one of the streets thereof, and 
from the termination of said street into the present track of 
said road off of the town plat: Provided, That the release 
hereby granted in the second section of this act, shall be by 
reason of this certificate of acknowledgment of the plat of 
said town not being duly recorded, and for no other c^use. 

Approved, January 29, 1841. 



TOWNS. SSSf 

An ACT to amend an net, en tilled "An act to Incorporate the town of p. 

Carmi," approved, January 30, ]840, and for other purposes. '" 8 "^1841 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assemhly, That ihe first election 
for trustees whose election is provided for in the act to which ^jj^g^^ggg" 
this is an amendment, shall be held on the first Monda}' of May 
next. 

Sec. 2. That in addilionto the persons authorized to be taxed Tedlars to be 
by the trustees in the act to which this is an amendment, they J,g^,ggj /^ '*" 
are hereby authorized to levy and collect a tax from all ped- 
lars, selling or vjnding goods, wares or nierciiandize within 
the limits of said incorporation of not less than five dollars 
nor more than twenty dollars; and upon the payment of such 
assf-ssment, the person paying the same shall be entitled to, 
and receive from the treasurer of said incorpor^'tion.a license, 
authorizing him to peddle within the limits of said town, for 
the period of three months thereafter. All persons shall be Who ^^leemed 
deemed pedlars who otfer to sell the above enumerated arti- 
cles, and who are not permanently settled within the incorpo- 
ration limits. Persons living within the State, and offering to 
sell, or baricr their own productions or manufactures, shall 
not be deemed to be within the provisions of this section. 

Sec. 3. The act, entitled "An act to incorporate the Car- Penalty for 
mi Bridge Company," approved, February siv, one thousand [,"jX'e° °^^ 
eight hundred and thirty-five, is further amend id. so that if any 
person or persons shall wilfully or negligently travel a hoiseor 
horses, work oxen, cat'le, mules, ass, or any beast of burthen, 
on or across the bridge therein authorized to be constructed, p^^^^.^^^.^^ 
faster than a common walk, such person or persons shall be 
liable to pay any sum not less than three, nor more than twen- 
ty dollars for every such offence, to be recovered by action of 
debt or trespass, by any person who may sue therefor, or in 
the name of the county of White, before any justice of the 
peace in said county of White. 

Approved, February 8, 1841. 



An ACT chansrino: the name of the town of Chatham in Whiteside county , ^ ^ . 

° ^ In force Feb. 

Sec. 1. Be it enacted by the People of the State of Illinois y 
represented in the General Assembly, That the name of the NameofChat- 
town of Chatham, in the county of Whiteside, is hereby ^■''m changed 
changed to that of Sterling, and the whole of the towns here-'" t'^ring. 
tot'ore known as Chatham and Sterling shall hereafter be 
called and known in law as Sterling: Provided, That the Proviso, 
change of the name of said town of Chatham, shall in nowise 
effect contracts, heretofore made and entered into in relation 
to said town. Approved^ February 17, 1841. 



328 TOWNS." 

An ACT to amend an ant, entitled "An act to incorporate the town of 
In force Feb. Jacksonville, and for other purposes." 

17, 1841. 

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

represented in the General Assembly^ Thai so much ol an act, 

Part of act entitled "An act to incorporate the town of Jacksonville, and 

for other purposes," approved, February third, one thousand 

eight hundred and forty, as exempts the corporation of the 

town of Jacksonville from paying a county tax on real estate, 

be, and the same is h ire by repealed. 

Incorpora- 8ec. 2. The legal voters of the corporate limits of the 

tion may be ^Qwn of Jacksonville, shall have the rij^ht, at anv annual eicc- 

CllS80lV6Cl o ' •« 

tion for town officers, to vote for or against continuing in force 
all laws and parts of laws incorporating the town of Jackson- 
ville, and if it shall appear that a majority of all the legal vo- 
ters, are opposed to a continuance o{ the act of incorporation, 
then the said act of incorporation shall be null and void. 
Trustees,term Sec. 3. [If] a majority of the voters shall decide in favor 
of ofBce Qf annulling the charter in com[iliance with the provi.-ions of 

the foregoing section, then the present board of trustees of 
said town shall continue in office, and the act of incorporation 
shall continue in force, for the sole purpose of raising taxes 
sufficient to pay the debts of the corjjoration. 

Appro-ced, February, 17, 1841. 



* An ACT to amend an act, entitled ''An act to incorporate the town of Kas- 

In force Feb. kaskia," approved, January 6, 1818. 

20,1841. '^ ^ 

Sec. 1. Be it enacted by the People of the State of Illinois, 
represented in the Geifrul Assembly^ That the president of the 
Powers of board of trustees of the town of Kaskaskia for the time being, 
prefli en . shall have and exercise the authority of a justice of the peace 
within the corporate limits of the said town of Kasknskia, 
and shall have power to administer oaths, issue writs and pro- 
cess under the seal of said corporation, and he, or any justice 
of the peace, may try and determine all causes of action aris- 
ing under this act, or the act to which this is an amendment, 
or any of the ordinances of the corporation, for fines, penal- 
ties, or otherwise. He shall have concurrent jurisdiction with 
justices of the peace in all civil and criminal cascs^ within the 
limits of said corporation, and shall receive the same lees and 
compensation allowed to justices of the peace for similar ser- 
vices. He shall also have power to take acknowledgments 
of deeds, mortgages, and all other instruments of wiiting as 
justices of the pecce have, and certify the same under the 
seal of the corporation of said town. 
Powers of ^^*^* ^* That the trustees of the town of Kaskaskia, and 
trustees their successors in office, shall have power to make regulations 

to secure the general health of the inhabitants; to prevent and 



TOWNS. 



329 



remove nuisances; to suppress all riots and disorderly conduct; 
to impose and collect fines, for all such offences; to establish 
night watches; to put up lamps in tiie streets, and provide for 
lighting the same; to open, widen, and keep in repair the 
streets, avenues, lanes, alleys, drains and sewers, and to keep 
the same cieaii, and free from incumbrances; to erect pumps 
and sink wells in the streets, and keep the snme in repair; to 
build and repair bridges within the limits of the corporation. 
To subscribe, take and hold stock in the Kaskaskia bridge 
company, and when necessary, dispose of the same; to estab- Further pow- 
lish, license, and regulate markets; to establish and rcgulateers. 
a fire department, and to provide for the prevention and ex- 
tinguishment [of] fires; to regulate the storage of gunpow- 
der, and other combustible materials; lo prevent the shooting 
of fi/e arms; to proiiibit and punish the keeping of gaming 
houses and other disorderly houses. 

Sec. 3. The trustees of said town are hereby authorized gfj]] further 
and empovvered to make, have, and use a common seal, the powers, 
same to alter and amend at pleasure; to establish not exceed- 
ing three elementary schools, wherein reading, writing, arith-' 
metic, geography, and other branches of education may be^ 
taught, and for this purpose the trustees of said town are here- 
by authorized to purchase lots and erect suitable luildir-gs in 
such parts of the town as may be deemed by them the most 
convenient and beneficial to the citizens thereof; and the said 
liustees are hereby empowered by ordinance to direct what- 
ever may be necessary to be done for successfully carrying 
into operation the provisions of this section. 

8ec. 4. No person shall be eligible as trustee, or qualified Qualification 
to vote for trustees unless he shall be a free white male inhab-fo"" trustee or 
itant in said town of tAventy-one years of age or upwards, and ^°'^' 
shall have resided sixty days next preceding such election 
within the corporate limits of said town, and all persons thus 
qualified shall be eligible as trustees, and to vote- for trustees, 
and to vote at all town meetings. 

Skc. 5. All notices ported up on the door of the court Notices, how 
house in the town of Kaskaskia relative to this act, or to the made public 
aci \o which this is an amendment shall answer every purpose 
and be eqtially valid and binding in law as if the s: me should" 
be printed in a public newspaper printed in the said town of 
Kaskaskia, any thing in the act to which this is an amendment 
to the contrary notwithstanding. 

Sec. 0. That the trustees of said town, be, and they are t,, . <• . _^ , 
heieby authorized tocaure to be made a plat of said town, and to be recorded 
have the same lecorded in the office of the recorder of Ran- 
dolph county, with like effect as the plat of other towns in ' 
this State are rccoided, which plat shall be taken in all courts 
of this State to bo evidence of the location and position of the 
streets, alleys, blocks, squares, and lots, in said town, unless 
the contrary shall be shown by competent and conclusive evi- 
dence. 



TOWNS. 



Sec. 7. This act is hereby declared to be a public act, 
and shall take effect and be in force from and after its pas- 
sage. Approved^ February 20, 1811. 



An ACT to incorporate the town of Petersburg. 

In force, Feb. ir>- i/ini ' i 

23, 1841. Src. 1. Be It enacted by the People of the State of Illinois, 

represented in the General Assembly^ That the inhabitants and 
Name&st le ""^^'^'^'•^'^s of the town of P<^tersburg, in the county of Me- 
*nard, are hereby made a body corporate and politic in law 
and in fact, by the name of the "President and Trustees of 
the town of Petersburg," and by such name and style shall be 
_ , forever able and capable in law and equity, to sue and be 

poration. sued, to plead and be impleaded, to answer and be answered 
unto, to defend and be defended, in all manner of suits, ac- 
tions, plaints, pleas, causes, matters and demands of whatev- 
er kind or nature they may be, in as full and effectual a man- 
ner as any person or persons, bodies corporate or politic, can 
or may do, and by the name and style aforesaid, shall have 
perpetual succession, and may have and use a common seal, 
which they may alter or revoke at pleasure. 
Powers vest- Sec. 'i. That the corporate powers or duties of said 
ed^iu trustees, ^j^y^jj g|,j^j] j^^ vested in and exercised by five trustees, to be 
chosen and appointed as hereinafter directed, who shall form 
a board tor the transaction of business. 
Present trus- Sec 3. That James Hoey, John McNeal, William G. 
tees. Spears, James Colbey and George U. Adams, trustees of said 

town as at present incorporated under the general act of in- 
corporation, are hereby appointed trustees of said town un- 
der this act, and shall hold their offices until the first Monday 
®'™ in the month of April next, and until their successors are 

duly qualified; and on the first Monday of the month of 
April next, and on the first Monday in the month of April in 
each year thereafter, an election shall be held for five trus- 
tees of said town, who shall serve for one year, and until 
their successors are duly elected and qualified. The rriem- 
bers composing the board of trustees shall be at least twenty- 
one years of age, inhabitants of said incorporated limi*:s, and 
iT'^'^^fi'n^T ^o'^a^'^'^e freeholders in said town, and they shall have power 
to fill all vacancies in their board, which may be occasioned 
by death, resignation or otherwise. 
. Sec. 4. That in all elections for trustees every white 

ofTlect°ors.°"^"^''''^ '^*^^^"^*^'^^ '^''''^^'^ ''^^ incorporated limits of said town, 
over the age of twenty one years who shall have resided 
therein six months, or who shall be the bona fide owner of 
any freehold property therein, shall enjoy the right of an 
elector. 

ap^oTnied''*'^ Sec. 5. That the board of trustees shall appoint their 

ppoin e . president, and all other officers of their board, and shall be the 

judges of the qualifications, elections and returns of their 

own members, a majority of whom shall constitute a board to 



TOWNS. 



331 



transact business, but a smaller number may adjourn from 
day to day, and may compel the attendance of absent mem- 
bers, in such manner and under such penalties as the board 
may provide, they may determine the rules of proceedings, Trustees may 
punish their members for disorderly conduct, and by the con- be expelled, 
currence of three-fifths of the whole number elected may ex- 
pel a member, and make such other rules and regulations for 
their government as to them may seem proper and expe- 
dient. 

Sec. 6. That the board of trustees shall have power by rj,^^ j^ ^^ 1^^. 
ordinance to levy and collect taxes upon all real estate led. 
within the town and limits of the incorporation, not exceed- 
ing the one-half of one per centum upon the assessed value 
thereof, except as hereinafter excepted. To declare what 
shall be considered nuisances within said incorporated lim- Nuwancea. 
its, and to prevent and remove the same; to provide for licen- 
sing, taxing and regulating auotionc, taverns, groceries, thea-^^ j.^^^ ^ 
trical and other shows and exhibitions: to restrain and pro- auctiocs, «&c. 
hibit all disorderly houses; to prevent the running and inde- 
cent exhibition of horses and jacks; to establish and regulate _, ... , 
markets; to open, grade, pave, and keep in repair, streets, njajj^eta. 
avenues, lanes, alleys, drains and sewers, and keep the same 
clean; to regulate the police of the town; to provide for the 
trial and punishment of persons who may be engaged in ^s- ^"^^^^jg^J 
saults, assaults and batteries, and affrays within the limits of 
said incorporation; to regulate the election of town officers, 
and fix their compensation; to require bond and security of a i at 
town officers for the faiihfu] performance of the'r duties; and cere, 
from time to time to pass bUch ordinances to carry into effect 
the objects of this act, and tnt powers hereby granted, as 
the good of the citizens of said tov/n may require. 

Sec. 7. That the board of trustees of said town shall po^gj. to im- 
have power to impose fines and forfeitures for the breach of pose fines, 
any ordinance, and provide for the collection thereof; and to 
direct by ordinance, such punishments to be inflicted for any 
offence against the laws of the corporation, as it is or may 
be provided by law for like offences against the laws of the 
State: Provided, That no person shall be deprived of the Proviso 
light of trial by jury in any case where such person would 
be entitled to a trial by a jury for a like offence against the 
laws of the State. 

Sec. 8. That the board of trustees shall have power to Offenders maj 
provide for the punishment of offenders, by imprisonn.ent in be imprisoned 
the county jail, in all cases where such offenders shall fail or 
rfifuse to pay fines which may be assessed, or for forfeitures 
or penalties which may be recovered: Provided, That nothing Proviso, 
herein shall be so construed as to prohibit persons from avail- 
ing themselves of the benefit of any insolvent law which 
now is or hereafter mav be passed by the Leijislature ol this ^."'"'ber pro- 
State, if such person would be entitled to such discharge for 
a like offence against the laws of the State: And provided, 
also, That no person shall be imprisoned under the provisions 



TOWNS. 



Lots to 
taxed. 



of this act for a longer period than twenty-four hours for ev- 
ery five dollars of any fine assessed, or forfeiture or penalty 

Punishment recovered. 

for breach of Sec. 9. That the board of trustees shall have power to 

peace. provide for the punishment of any persons who may at any 

time disturb the peace of the inhabitants of the town, or of 
any worshipping congregation, or the deliberations and pro- j 
ceedings of any public meeting assembled therein, or of the 

Jurisdiction, board of trustees when in session. 

Sec. 10. That in all cases arising under this actor grow- 
ing out of the by-laws or ordinances made in pursuance 
thereof, any justice of the peace within the county of Menard 
shall have jurisdiction to hear and determine the same, and 
appeals may be taken, and writs of certiorari allowed in all 
such cases in the same manner as now is, or hereafter may be 
provided by law for appealing from judgments of justices of 

hdw'pSshed the peace. . 

Sec. II. That all ordmancesof said trustees, made m 
pursuance of this act, shall be fairly written out, signed by 
the clerk, and the same, or a printed copy thereof, sh.ill be ' 
posted up at three of the most public places in said town, or 
published in some newspaper printed in said town, and no 
ordinance shall be in force until posted up or published as 
b^ .aforesaid at least ten days. 

Sec. 12. That the lot in front of which any side walk is 
made, shall, in addition to the regular tax imposed by the 
board of trustees, be taxed to pay at least one half of the ex- 
pense of making such side walk, which tax shall be assessed, 
and collected in the same manner as other taxes are. 

Sec. 13. That the board of trustees shall have power to 
adopt such modes and means for the assessment and collec- 
tion of taxes as they may from time to time fix upon and de- 
termine; and to prescribe the manner of selling property 
when the tax on the same is not paid: Provided, That no 
sale of any town lot or other real estate, shall be made until 
public notice of the time and place of sale shall be given by 
advertisement in a newspaper published in said town, or by 
posting up written or printed notices thereof in three of the 
most public places in said town, at least fifteen days previous 

Lots sold may thereto. 

beredeemed. g^^,^ 44 That where any town lot or lots, or Other real 
estate shall be s -Id for tax, by virtue of any ordinance made 
in pursuance of this act, the same may be redeemed at any 
time within two years from the date of such sale, by the 
owner of said property, or his or her agent, executor or ad- 
ministrator, paying to the treasurer of said town for the use 
of the purcharer of said property the full amount of the 
purchase money, with interest at the rate of fifty per centum 
^° per annum together with the costs accrued thereon. 

Sec. 15. That the members of the board of trustees and all 
other officers of said corporation shall before entering upon the 
duties of their respective offices, take an oath or affirmation 



Proviso 



Officefs 
take oath . 



TOWNS. . 33^ 

before some officer authorized by the laws of the State to 
administer oaths, to support the Constituiion of the United 
States and of this State, and faithfully to discharge the du- 
ties of their respective offices. 

Sbc. 16. That the board of trustees shall have power to 
appoint a town constable, who shall hold his office during the gj've'b'ond '" 
pleasure of said board of trustees, and to require of him bond 
and security in such sum as they may think proper, whose 
duty it shall be to arrest on view all persons, who shall violate 
the laws and ordinances of said town; to collect all fines, for- 
feitures and penalties which may be assessed or recovered 
for the use of the corporation; and to execute all writs, pro- Duties of coo- 
cess and precepts which may be issued against any person*'^ *' 
or persons for a violation of said laws or ordinances, and for 
this purpose it shall be lawful for him to go into any part of 
the county of Menard to serve or execute any such writs, 
process or precepts as aforesaid. 

Sec. 17. That the board of trustees for tlie purpose of Labor to be 
keeping the streets and alleys in said town and the public '"^q""^'^- 
roads passing through the same in good repair, shall have 
power, and to tins end, they are auttiorized to require every 
male resident within the limits of said corporation, over the 
age of twenty-one years, to labor on said streets, alleys and 
roads, not less toan two nor more than four days in each 
year; and any person who shall be notified by the street com- 
missioner to perform such labor so assessed, as herein provi- 
ded, and shall fail or neglect to perform the same, shall for- 
feit and pay the sum of seventy-five cents for each day's labor 
neglected to be performed, and the street commissioner in Prosecution* 
said town is hereby authorized to prosecute such delinquent^" mme oi 
person in the name of ''The President and Trustees of Peters- 
burg," before any justice of the peace in the county of Me- 
nard; and said street commissioner shall be a competent wit- 
ness against said delinquent. 

Sec. 18. That all tines, forfeitures and penalties authori- Fines &forfei- 
zed to be assessed by this act, may be recovered in an action tures howcol- 
of debt in the name of "The President and Trustees ot the l^'^'^'^- 
town of Petersburg," before any justice of the peace in said 
count): Provided, That no such tine, forfeiture or penalty, 
shall exceed tifty dollars, and all sums of money which may Proviso 
be received for licenses granted to groceries, taverns, auc- 
tions, theatrical and other shows and exhibitions, and all 
fines, forfeitures, and penalties imposed for a violation of 
any of the by-laws or ordinances of said corporation, shall 
when collected, be paid into the town treasury for the use and 
benefit of said town. 

Sec. 19. That for the purpose of carrying into effeot the Boundaries of 
aforesaid powers, the said trustees are hereby authorized to town. 
detine the boundaries of said corporation: Provided, That the 
same shall not exceed one mile square. Frovieo. 



TOWNS. 

Fees of offi- Sec. 20. That justices of the peace and constables, who 
*^^"' are required to render services under this act, shall be enti- 

tled to the same fees, and collect them '.n the same manner as 
now is or hereafter may be provided by law in other cases. 
All acts de- Spc. 21. That all the proceedings of the inhabitants of 
clared valid, ggj^ town of Petersburg in the month of July, one thousand 
eight hundred and thirty-eight, for the purpose of incorpora- 
ting themselves under the general act of incorporation, as a 
body politic and corporate, by the name and style of "The 
President and Trustees of the town of Petersburg," and all 
contracts and agreements made with the trustees of said 
town thus incorporated, or liabilities incurred for the purpose 
oi building a bridge over the Sangamon river near said town, 
are hereby ratified, approved, confirmed and rendered legal 
and of full force in law and equality, [equity,] and [any] in- 
formality in said proceedings, or omission in the records of 
said corporation to the contrary notwithstanding; and thai 
this act shall be considered sufficient evidence in any court of 
law or equity in this State to establish the fact ot the legal 
incorporation of said town at the period aforesaid. 

Sec. 22. That this act shall take efix^ct and be in full 
force from and after its passage. 

Approved, February 23, 1841. 



_ . -. . An ACT to amend "An act incorporating the town of Belleville." 

' * Sec. 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly, That so much of the 
Part of act re- ^ct authorizing the incorporation of the town of Belleville, in 
pealed. g|^ Clair county, as requires two-thirds of the legal voters of 

said incorporation to decide upon the repeal of said incorpo- 
ration, be, and the same is hereby repealed, and that here- 
after, at any election to be held for trustees of said town of 
Belleville, a majority of said voters shall be sufficient to de- 
Majority may cide whether the said town shall continue incorporatei or 
repeal i»cor- jjqj^ ^^j^^j gj^ouj^j j^ majority of the voters decide against con- 
poration. tinning the said charter or incorporation, it shall fiom thence- 
forth cease and be null and void. 

Approved, February 23, 1841. 



An ACT to incorporate the lown of Marion. 
1 n TorcG Fcd* 
24. 184 1 . Sec. 1 . Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That the inhabitants and 
Name & Btyle. residents of the town of Marion, in the county of William- 
son, are hereby made a body corporate and politic in law 
and fact, by the name and style of the "President and Board 
of Trustees of the town of Marion," and by that name shall 
have perpetual succession and a common seal, which they may 



TOWNS. 



S3d 



change or alter at pleasure, aiid in whom the government of 
the corporation shall be vested, and by whom its officers 
shall be managed 

Sec. '2. The boundary of the said corporation shall in- Boundaries of 
elude all that countiy contained within the limits of one 'own. 
square mile, laid out by lines running due north and south, 
east and west, and the centre of the public square in said 
town of Marion, to be the centre of said square mile. 

Sec. 3. The corporate rights, powers and duties of said Powers vest- 
corporation shall be vested in live trustees, to be chosen and^ ^" ^®'^"®' 
appointed as hereinafter directed, who shall form a board for 
the transaction of business. 

Seg. 4. On the first Monday of May next, or within Annual elec- 
six months thereafter, and on the second Monday of March"""' 
thereafter, annually, an election shall be held hi the court 
house in the town of Marion, for the five members to com- 
pose the board of trustees of said corporation who shall 
hold their oflices for one year, and until their successors 
are dul^ elected and qualified; any person luay be elected a Qiialificaiions 
trustee, or may vote for the election of trustees of said cor- ^''^^^'■^• 
poration, who has resided three months within the limits of 
said corporation next preceding the election, and who is qual- 
ified to Vote for a representative in the General Assembly of 
this State. 

Sec. 5. The said board of trustees shall, at their first 
meeting, proceed to elect one of their body president, and 
shall have power to appoint a clerk, assessors, treasurer, su- vacancies 
pervisor of streets and all such other officers as may be ne-howfilJed. 
cessary,and they shall have power to fill all vacancies in said 
board occasioned by death, resignation or otherwise. They 
shall be judges of the qualifications, elections and returns of 
theirown members; amajority of their board 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 the boaid may provide, they may Rules of pro- 
determine the rules of proceedings, punish their members for ceediug. 
disorderly conduct and make such oiher rules and regula- 
tions for their own government as to them may seem fit and 
expedient. Tax. 

Sec. 6. The board of trustees shall have power to levy 
and collect a tax on all real and personal estate within the „ ^^^^^ 
limits of said corporation: Provided, That the per centum 
on the assessed value thereof shall not exceed the per cen- 
tum authorized by the revenue laws of this State. They 
shall have power to make regulations to secure the general p ,. 

health of the inhabitants, to prevent and remove nuisances; cense, 
to provide for licensing and taxing taverns, stores, groceries, 
auctioneers, theatrical andother shows and amusements with- 
in said corporation; to prohibit and restrain gaming houses 
and other disorderly houses, to open and keep in repair 
streets, lanes, alleys, drains and sewers, and to keep the same 
clean; to require bond and security of town oflicers for the 



TOWNS. 

Further pow- faithful perfcrinance of their duties, and from time to time 
*"* pass ordinances and bj-laws to carry into cti'ect the provis- 

ions of this act, and the powers hereby granted, as tiie good 
of the inhabitants may require; and to impose and aj>pro- 
priaie fines and forfeitures for the breach of any ordinance, 
and provide for the collection thereol; and in ali cases ari- 
sing under this act, or growing out of the by-laws and ordi- 
nances made in pursuance ot this act, any justice of the 
Jurisdiction, p^^f^og ^ithm said corporation shall have jurisdiction, and it is 
hereby madw his duty to hear and determine tlie same, and 
Appeals. an appeal may be taken, and writs of certiorari prosecuted 
from any such decision in the same manner as now is, or may 
be hereafter provided bylaw for appealing from judgments 
of justices of the peace. 
Special tax. aEC. 7. It shall be lawful for the board of trustees to levy 
and collect a special tax on the owners of lots, or [on] any 
street or parts of a street, for the purpose of {grading and pa- 
Proviso, ving the side walks on said street: Provided^ 'Vix-dt two-thivds 
of the property holders on such street shall first petition for 
the same. 
Improvement ^^^' ^- The board of trustees shall have power to regu- 
of streets. late, grade, pave and improve the streets , avenues, lanes and 
alleys within the limits of said corporation, and to extend, 
open and widen the same; making the person or persons in- 
jured thereby adequate compensation, to ascertain which the 
said board shall cause to be summoned six good, lawful men, 
freeholders and citizens of said town and corporation, not 
directly interested, who being first duly sworn lor that pur- 
Damao-es how P^^^» ^hall enquire into and take into consideration as well 
assessed. the benefits as the injury which may accrue, and estimate 
and assess the damagt's which would be sustained by reason 
of the opening, extending or widening of any street, avenue, 
lane or alley, and shall report their proceedings under their 
When daraa- hands and seals to the board of trustees, and the board of 
ges shall be (■j.ygj-ggjj g|^^^l| thereupon pay out of the treasury of the cor- 
^ ' poration to the person to be injured the amount of damages 

assessed in his favor. 

Sec 9. The board of trustees shall hiive power from 
oKlinrii'ces" ^'"^^ '■'^ ^"^'^ ^° P'^^* such by-laws and ordinances as to them 
may seem expedient, not inconsistent with the Constitution 
or laws of this State, and all ordinances of said trustees shall 
be fairly written out and recorded by the clerk, and publish- 
ed in such manner as the board may direct. 
Further pow- ^*^^' ^^' ^he board of trust :;es arc also vested with pow- 
ers, er to declare what shall be considered a nuisance within said 
town, to prevent the rutming nnd indecent exhibition of hor- 
ses, to provide lor the trial d,nd punishment of persons who 
may be engaged in assaults, and assaults and batteries, or oth- 
Proviao. er disorderly conduct in said town: Provided^ That no per- 
son snail be deprived of the right of trial by jury in any 



TOWNS. 3^ 

case where such person would be entitled to a trial by jury 
for a like offence against the laws of this State. 

Sec. 11. The board of trustees shall have power to 
adopt such modes and means tor the assessment and collection Taxes, 
of taxes as they may from time to time tix upon and deter- 
mine, and to prescribe the manner of selling property w^hen 
the taxes levied upon it are not paid: Provided^ however, Proyiso 
That no sale of any town lots or other real eetate, shall be 
made until public notice shall have been given, for atleast four Sale of lots for 
weeks successively previous to the day of sale, by ad-'^^^^* 
vertisement in a newspaper published in said town and 
corporation, or by postinci up written notices thereof in at 
least three of the most public places in said town and corpo- 
ration, one of which shall be on the court house dour. be'rede^e "d"*" 

Sec. 12. When any town lot or lots, or real estate in 
said corporation shall have been sold by the authority of the 
corporation for non-payment of any tax that may have been 
levied upon the same, the same shall be subject to redemp-^yj^ ^ ^ ,._ 
tion by the owner or owners thereof, his, her or their agent tor may re- 
or agents, Avithin one year after the same shall have been 'leem lots, 
sold, on paying to the treasurer of the board of trustees of 
said corporation, for the use of the purchaser or purchasers, 
double the amount of tax for which ihe same shall have been 
sold, together with costs for selling the same, and if not re- 
deemed by the owner or ownsrs, then the same shall be sub- 
ject to redemption by any judgment creditor, his, her or 
their agent, within fifteen months after the same shall have Deed of epe- 
been sold, on paying, as above specified; but should the saidcial warranty 
lots or parts of lots, or real estate so sold lor the non-payment 
of taxes as aforesaid not be redeemed within the time specifi- 
ed, then and in that event it shall be the duty of the presi- 
dent of the board of trustees of said town, to execute a deed 
with special warrantv, signed b}' the president, and counter- ^ i 

I *'~o«/ r ' Surplus mon- 

signed by the clerk thereof. ies how paid. 

Sec. 13. It shall be the duty of the board of trustees to 
cause to be paid to the owner or owners of lots or real estate, 
all monies which may have been paid to the treasurer over 
and above the amount of the taxes for which they were sold, Special tax. 
and the cost of selling the same. 

Sec. 14. The board of trustees shall have power to levy 
a special tax for the erection of school houses and the sup- 
port of common schools within said corporation, and to raise Trustees may 
money on the credit of the town and corporation for the pur- borrow mtney 
pose of commencing and prosecuting works of public im- 
provement: Provided, however, That the same shall be sub- 
mitted to the vote of the inhabitants of said town and corpo- 
ration, and approved by two thirds thereof. All officers to 

Sec. 15. The members of the board of trustees, and ev- ^^^® ^'^'^ • 
ery other 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 Consti- 
22 



338 TOWNS. 

Appointment tution of the United States and of this State, and faithfully 

of constables, demean himself in office. 

Sec. 16. The board of trustees shall have power to ap- 

Dnties. point a town Constable or constables, and aulhoiize him to 

execute all writs, process and precepts which may be issued 
against persons for the violation of the laws or ordinances; 
to collect all fines, forfeitures and penalties which may be as- 

Teriu of office sessed or recovered for the use of the corporation, and to re- 

. quire bond and security of said constable in such sum as they 

may think proper; said constable or constables shall hold 

their otiice during the pleasure of the board of trustees; and 

said constable shall have concurrent jurisdiction with other 

, , constables on cases arising under the ordinances and by-laws 

i<abor on /■ • I , ° '' 

streets. ^^ ^^^^ corporation. 

Sec. 17. The board of trustees for the purpose of keep- 
ing the streets, alleys and roads in said town and corpora- 
tion limits in good order and repair, are hereby authorized to 

Fin; for nu- ^'-Q"'''^ *^^^0 m^lc resident of said town and corporation li- 

glect. mits over the age of twenty-one years to labor on said streets, 

alleys and roads, three days in each year, and any person 
who shall be notified by the supervisor of streets to perform 
such labor so assessed, as herein provided, and shall iail or 

How recover- neglect to perform the same, sh;ill forfeit and pay the sum of 

e**- , one dollar tor each day's labor neglected to be performed; 

and the supervisor of streets in the proper district is hereby 
authorized to prosecute such delinquent persons in the name 
of the president and board of trustees ol the town of Mari- 
on, betore any justice ol the peace in said town, and said su- 
pervisor shall DC a competent witness against said delinquent, 
and in case of default as aforesaid, the justice of the peace 
shall enter up judgment against said delinquent for the 
amount so forfeited, with costs of suit, and issue execution 

Justice peace forthwith. 

toissne writs. '"V"-^";''; , , ,,, 

bEO. 18. It shall be the duty of any justice of the peace 
residing in said town, on complaint being made to him on 
oath, ol the violation ot any law or ordinance of the corpo- 
ration, or upon view, to issue his warrant directed to the 
town constable, or any other authorized ofiScer to apprehend 
the otfenderor offenders and bring him or themforiliwith be- 
fore him; and after hearing the evidence, if it shall appear 
that the accused has been guilty of the violation of any such 
May hold and law or ordinance, of the corporation, to impose such tine or 
sell lands. imprisonment as shall L-c provided in such law or ordinance. 
Skc. 19. The said president and trustees are hereby 
made capable in law, to take and hold to themselves and suc- 
cessors any lands, tenements, hereditaments, and the rents. 
Corporate issues and profits thereof, which may be necessary for the 
powere. erection of any market houses and other public buildings, 

and the same to sell, grant, and dispose of, if necessary, and 
to sue and be sued, plead and be impleaded, answer and be 



TOWNS. 



339 



aiiswored unto in any court or place whatever; and all suits 
and judicial proceedings under this act, sliall be carried on in 
the name and style of the "President and Board of Trustees 
of the town of Mnrion." 

Sec. '20. The justices of the peace and constables who 
are required to render services under this act, shall be enti-Fees. 
tied to the same fees, and collect them in the same manner as 
now is, or may be hereafter provided by law tor other justi- 
ces of the peace and constables. 

Sec. 21. Lands embraced wiHiin the said limits of this cor- Lands noi to 
poration act, shall not be taxed by the president and trustees be taxed high- 
of said corporation at any higher or greater rate than said pymjj^*^ 
lands would be taxed by the laws of the State, unless the 
same are laid out iuto town lots or occupied as town lots. 

Sec. 22. That at the election to be held as prescribed in 
the fourth section of this act to elect the five members tOj^j^^g ^^ g_ 
compose the board of trustees of said corpcwation, Willis Al- lection, 
len, William Benson and James M. Trammell, of said town of 
Marion, are hereby appointed judges of said election, and it 
shall be the duty of said judges to give at least ten days' notice 
of the time and place of holding said election, by posting up Certificates, 
six adveriisenents in the most public places in sai:i town, and 
shall deliver certificates of election to those duly elected; 
said election shall be conducted in all respects as other elec- 
tions are conducted in this State. 

Sec 23. That at the time of holding the election, to-wit: 
on tlie first Monday of May next, or as provided for by the jg^'f^" ^^^' 
fourin section of tins act, if a majority of the inhabitants 
within the corporation limits shall vote for the acceptance of When null &. 
the provisions of thisact, then it shall be in full force and ef-^°i'*- 
feet, but if a majority of said inhabitants shall vote against 
its acceptance, then ihis act to be null and void. 

Approved, February 24, 1841. 



An ACT to amend an act, entitled "An act to incorporate the town of 

Galesburg, in Knox county. " In force Feb. 

24, 1841. 
Sec. 1. Be it enacted by the People of the State of Illinois, runoi 
represented in the Gene)-al Assembly, That the proviso to the ''*''^ '^jl act re- 
fifth section of the act entitled "An act to incorporate the 
town of Galesburg, in Knox county," be, and the same is 
hereby repealed. 

Sec. 2. The board of trustees of the town of Galesburg 
are hereby authorized to levy and collect taxes on all real jgyy^'and ™aS^ 
estate subject to taxation within the incorporated limits of lect tax. 
said town of Galesburg, in the manner and for the purposes 
as authorized by the act to which this is an amendment. 

Approved, February 24, 1841. 



340 TOWNS. 

An ACT to extfind the corporate powers of the corporation of Beardstown, 

In force Feb. 
26, 1841. Sec. 1. Be it enacted by the Peopla of the State of Illinois, 

represented in the General Assembly^ That the corporation of 

reafe^nlt'e.^^'^ ^'i<2 town of Bearclstown, be, and they are hereby authorized 
to acquire by purchase or otherwise, any real estate lying 

Proviso. within three miles of said town: Provided, Said real estate 

enr)brace only such lands, known as waste and inundated 

May hold lots jands; said corporation are also hereby authorized and em- 
powered to purchase and hold such lots and parts of lots in 
Beardstown as may be necessary and proper for the building 
of and erecting wharfs for said town. 

To lease and ^j.^^ 2. Be it further enacted. That said corporation shall 

se an s. have power and authority to sell or lease said lands in lots, 
and to appropriate any laiids belonging to said corporation to 
the purpose of draining said overflowed or waste lands, or 
to the erection of wharfs as aforesaid, and said corporation 

ordinrnces"^ ''^''^ hereby further empowered to make any and all such by- 
laws or ordinances that may be necessary and proper ibr the 
purpose of regulating the same; and for the purpose of cany- 
ing into effect the powers lierein granted, and ihc objects of 
this act not inconsistent with the Constitution and taws of 
this Stale. 

Approved, February 26, 1841. 



in force, Feb. An ACT to incorporate the town of Vienna, in Johnson county. 

27, 1841. 

Sec. 1. Be it enacted by the People of the State of Illinois^ 
represented in the. General Assembly, That the inhabitants and 
residents in the town of Vienna, in Johnson county, are hereby 
Name & style niadc a body corporate and politic, ia law and m fact, by the 
of body cor- name and style of the " President and Board of Trustees of the 
''^^^- town of Vienna;" and by that name shall have perpetual suc- 

cession, and a common sea', which they may alter at pleasure. 
Powers. and in whom the government of the corporation shall be vest- 

ed, and by whom its afiairs shall be managed. 

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

Sec. 3. That there shall, on the first Monday of June 
Election for next, be elected, five trustees; and on every first Monday of 
five trustees. June, thereafter, who shall hold their offices for one year, and 
until their successors are duly elected and qualified; and pub- 
jfotjggofgjgg. lie notice of the time and place of holding said election shall 
tion. be given by the president and trustees, by an advertisement, 

published in a newspaper in said town, or posting it up in at 

Qualification legist four of the most public places in said town. No person 
for trustee 

shall be a trustee of said town, who has not arrived at the age 

of twenty-one years, and who has not resided in said town six 



TOWNS. 



m 



months next preceding his election, and who is not, at the time ^ 

thereof, a bona fide freeholder, and, moreover, who has not ^^"Jj^'^'^^^^^^^^^ 
paid a corporation tax. And all white free male inhabitants, 
over twenty-oae years of age, who have resided in said to^^n pj^^^j^. ^^ ^^ 
three months, next preceding an election, shall be entitled president. 
to vote for trustees. And the said trustees shall, at their first ^ 
meeting, proceed to elect one of their body president, and J^^^'gi'iej*; 
shall have power to fill all vacancies in said board, which may' 
be occasioned by death, resignation, removal, or six months' To wnoflScers. 
absence from the town ; and to appoint a clerk, an assessor, 
a treasurer, a street inspector, and a town constable — to give ^^o^nf^ of o^v 
bond and security, in such amou"^ t as the trustees may re- 
quire; and the said town constable shall take an oath or af-*^^||j of con- 
firm before some justice of the peace, that he will faithfully ^'" 
discharge the duties of said ofiice ; and it shall be his duty 
to collect all fines, and serve all processes, at the suit of the 
corporation, and to do such other matters and things, pertain- 
ing to the office, as may be required of him by the ordinances 
and by- laws of said corporation. 

Sec. 4. I'he said corporation is hereby made capable in May hold 
law, to take and hold, to themselves and their successors, any l^uds. 
land ^ tenement?, hereditaments, and the rents, issues and profits 
thereof, which may be necessary for the erection of any market 
house, or other publivi buildings — to promote the interest and 
public good of the citizens of said town, and the same to sell, 
grant and dispose of, if necessary. They shall also have power ^^^ improve 
to regulate, to grade, pave and improve the streets, lanes and streets. 
alleys, within the limits of said town and corporation, and to 
extend, open and widen the same, making the persons injured 
thereby adequate compensation — to ascertain which, the 
board shall cause to be summoned six good and lawful men, Injury by im- 
freeholders and inhabitants of said town, not directly interest- pnn'g streets, 
ed, who, being first dulv sworn, for that purpose, shall inquire °^^ assesse . 
into and take into consideration, as well il;c benefits as the inju- 
ry, which may accrue, and estimate and assess the damages 
which would besustainedby reason of the opening, extending or 
widening of any street, avenue, lane or alley; and shall, moreo- 
ver, estimate the amount which other persons will be benefit- Persons bene- 
ed thereby, and shall contribute towards compensating the ^'^'^ ^y i™- 
person injured; j^ll of which shall be returned to the board of^^^g^jg" 
trustees, under their hands and seals; and the persons who 
shall be benefited, and so assessed, shall pay the same, in such 
manner as shall be provided, and the residue, if any, shall be 
paid out of the town treasury; and they shall sue and be sued, 
plead and be answered in any court whatsoever. 

Sec. 5. The trustees, aforesaid, and their successors, or a 
majority of ihem, shall have full power and authority to or- %-'«^3 and 
(lain and e>tablish such rules and regulations, for their govern- 
ment and direction, and for the transaction of the business and 
concerns of the corporation, as they may deem expedient, and 
to ordain and establish and put into execution such by-laws, 
ordinances and regulations, as shall seem necessary for the go- 



342 TOWNS. 

vernment of said corporation, ond for the management, coil- 
trol, disposition and application of its corporate properly; and 
generally to do and execute all and singular, such acts, mat- 
ters 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 
w J , collect a tax, not exceeding one-half of one per cent., on all 

collect tax. lots and improvements and personal property, lying and being 
within the incorporated limits of raid town, according to vala- 
„ .. ation; to tax public shows, and houses of public entertain- 
ehows. ^ ' ment, taverns, stores and groceries, for the pu. pose of making 
and improving the streets, and keeping them in repair, and 
for the purpose of erec^ling such buildings and other works of 
public utility, as the interest and convenience of the inhabi- 
tants of said town may require, and the circumstances render 
Assessment & proper and expedient; and said trustees may adopt such modes 
collection ofg^^^^j means, for the assessment and collection of taxes, as they 
may, from tinre to time, fix upon and determine; and to pre- 
scribe the manner of selling property, when the tax levied up- 
Proviso. on 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 newspapeis, or 
at four of the most public places in said town, at least fiiteen 
days previous thereto: Provided, Thr.t in conducting such 
sales, the provisions of the act concern-ng public revenue, so 
far as the same may be apnlicable, shall be complied with. 
Sec. 7. That the trustees of said town, or a majority of 
Punistimcnt ^j^gf^i, shall have power to preserve good order and harinony 
of by-laws & in Said town ; to punish open indecency, breaches of the 
ordinances, peace, gambling, gaming houses, horse racing, shooting, and 
all disorderly houses, and riotous meetings; to remove obstruc- 
tions 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 
public law of this State, and impose fines for the breach there- 
of — which fines shall be recoverable before any justice of the 
peace, residing in said town. And all suits and judicial pro- 
ceedings, under this act, sh.-ill be brought in the name and style 
of the " President and Trustees of the town of Vienna." 
Sec 8. It shall be the duty of any iustice of the peacey 
Duty of justi- residing in said town, and he is hereby authorized and empow- 
peace° ' " ered, upon the violation of any law or ordinance of said cor- 
poration, to issue his warrant, directed to the town constablOj 
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 ac- 
cused has been guilty of the violati >n of nny such law^ or ordi- 
nance of the corporation, to impose such fine or imprisonment 
as shall be pointed out in such law or ordinance: Provided^ 
Proviso. S-jch fine shall not exceed five dollars, and imprisonment not 
to exceed twenty-four hours: Provided, however. That writs of 



TOWNS. 



34| 



certioran and appeals shall be granted from judgments under 
this act, as in other civil cases ; and in all criminal cases, the 
defendant shall be entitled to an appeal to the circuit court, 
by entering into bond or recognizance, as the case may re- 
quire, 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 shall think right and proper; and 
all fines imposed for a breach of the peace, or a violation of the 
corporation ordinances, shall be paid into the treasury of said 
corpcration. 

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

S,:c. 10. That upon the application of the owners of two- Special tax t« 
thirds of