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LAWS

OF THE

STATE OF ILLINOIS,

PASSED BY THE

THIRTEENTH GENERAL ASSEMBLY,

Their regular session, began and held at Springfield, on the fifth of December, one
thousand eight hundred and fortj-two.

PUBLISHED IN PURSUANCE OF LAW.

SPRINGFIELD:

Walters & Weber, Public Printers.

1843.

pot)

LAWS

R1C70

OF THE

STATE OF ILLINOIS.

AN ACT to incorporate the St. Charles Academj', in the county of Kane. It? force,

Jan. 24, 1843,
Sec. 1. Be it enaded by the people of the State of lllinos
represented in the General Assembly, That Bela T. Hunt,
William Rounsville, Leonard Howard, Lucius Foote, Darwin
Millington, Thomas P. Whipple, Stevens Jones, Nathan H.
Dearborne, and their successors, be, and they are hereby
created a body politic and corporate, to be styled and known -^
by the name of the "President and Trustees of the St. Charles poj-atfon.
Academy,'' and by that style and name to remain and have per-
petual succession. The said academy shall be and remain at and Location of
in St. Charles, in the county of Kane, State of Illinois. The academy
number of trustees shall not exceed twelve, one of whom shall t.

_ trustees
be president of the board, to be chosen by the trustees. For

the present, the above-named individuals shall constitute the

board of trustees, who shall fill the remaining vacancies at

theii pleasure and discretion.

Sec. 2. The object of said institution shall be the promo* object of in-
tion of the general interests of education. corporation

Sec. 3. The corporate powers hereby bestowed, shall be Corporate
such only as are essential or useful in the attainment of said ^^"'^'^^
object, and such as are usually conferred on similar bodies cor-
porate, to wit: 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 acts as
natural persons may; to accept, acquire, purchase or sell pi'o-jviay hold pro-
perty, real, personal, or mixed, in all lawful ways; to use,perty
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 object before
mentioned; to have a common seal, and to change or alter the
same at pleasure; to make such by-laws foj its regulations as By-laws
are not inconsistent with the laws and constitution of the
United States, or of this State; to confer on such persons as

ACADEMIES.

Conveyances Sec. 6. All deeds or instruments of conveyance, shall be

how made made bj a majority of the trustees, sealed with the seal of

said corporation, it any they have, signed by the president

and by him acknowledged in his official capacity.

Sec. 7. The above named persons shall be deemed trustees

until others are elected, and they are hereby empowered to

appoint all necessary agents and officers, whose offices shall

expire with their own.

Institution o- 8ec. S. The said institution shall be open to all religious

pen to nil de- (jg^oj^inations, and the profession of no particular relieious
tiominations r -iu u n i • j • i c cr ^ - .. o "'^ "^

laith shall be required either of officers or tne pupils.

Sec 9. This act shall be in force from and after its passage.

Approved, February 24th, 1813.

In force, AN ACT to relieve the Mount Vornon Academy.

Feb. 24, 1843.

Sec 1. Be it enacted hy the people of ihe State of Illinois^ repre^

sentedintht General Assembly^ That the school commissioner of

KeJating to Jeffcson county be authorised and required to receive the said

c(;rtaiti pcnooi iji r^ii ij i- iT»r tt-

njoney in Jef- Schedule ol the school taught m the Mou.it Vernon Academy,
lerson county in theyear 1S40, and duly certified by the trustees and teacher
thereof, end apportion thereon its distributive share of the
interest of the school fund due for 184"2, according to the
schedules filed for distribution in January, 1843; Provided^
that all schedules m said county, regularly certified for that
year, and notified to the said commissioner before he actually
made the apportionment of the inierest of that year, shall he
paid in like manner.

Approved, February 24th, 1843.

In force. AN A3T to incorporate Academies and Seminaries of learning.

- ^^- "> • ^r.c.\. Beit enadedhy the people of the Stateoflllinois^represen'
ted in ihe G-znei a I Assembly^ That when five or more persons
shall associate themselves togetlier, for the purpose of forming
Acj-demieB & an ac^idcmv, or seminary ol learning, in their nei.;hborhood, and
jeminanes of z\y,i\\ ;icquire by gift, grant, or purchase, any lots or lands not
^ "^ exceednigone hundred and sixty ;icre^*, and shall build a house

thereon lor the purposes of education, it shall be lawful for
them to apply to the county commissioners' court of the county
in which the land so acquired may be situated, to receive the
legal title to said land, and hold it in trust for them until the
persons so associated shall become qualified, as a body corpo-
rate, to receive the same in the mianner and mode hereinafter
provided for.
May beincor- Sec. 2. It shall be lawful for the persons associated together
poratec ^^^ ^^^q purposes named in the first section of this act, or a

majority of them, to meet at some public place in the neigh-
borhood of the intended academy, or seminary of learning,

ACADEMIES.

* 7

after giving ten days notice thereof, by advertisement set up

at three pubHc places in the vicinity, or by notice in some .

public newspaper printed in the county, and then and there Trustees e-

proceed to the election of not less than live, nor more than^ected

seven trustees, a maiority of whom shall be capable of receiv- . ,

II ijr^u .. •• T t- And receive

ing a deed or deeds from the county commissioners' court m ^gg^j^ ^^ ^^^^

which the same may lay, for such lots or lands as may be held
in trust for such association under the provisions of the first
section of this ace; and the clerk who may have acted as such
at the election of said trustees, shall, within ten days there-
after, deposit in the recorder's office of ihe county where such
lands or lots may lie, a certificate of the election of said trus-
tees, which shall be immediately recorded in some book in
which deeds are recorded, and the lots or lands so deeded
by the county commissioners' court aforesaid, shall vest in
said trustees and their successors in office, for the sole use and
benefit of said academy or seminary of learning, forever, all
the right and title to such lots or lands for the purposes herein
named, and no other; and as soon as the clerk of such elec-
tion shall deposit with the recorder of the county as aforesaid,
a certificate of said election, stating therein the name of the
association, and for what object formed, and the names of the
trustc es elected, then, and from that time, the said trustees
and their successors in office shall be created and remain a
body corporate and politic, and in the name and style assumed
by them, shall remiin in perpetual succession, with power to_ . ^
sue and be sued, to plead and be impleaded, to acquire, holdgj-s
and convey property, real and persona', 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 they may deem necessary
for the government and regulation of such academy or semi-
nary of learning, its officers, servants, and property, Provided^
such by-laws be not inconsistent with the conslitution and
laws of the United States, and of this State; And provided
further, ihai the aforesaid trustees, and their successors in office,
shall have no power or authority under this law to sell or con-
vey away any of the lots or lands deeded to them by the county
commissioners' courts, but the same shall be held m trust for-
ever for the purposes for which said lots or lands were origi-
nally given, granted, or purchased, and for no other use or
purpose whatsoever.

Sec. 3. The persons associated under the provisions of this pgrgon? >hii«
act, shall be called and deemed stockholders, and from their associated
number, after the first election and organization, shall elect *^'''j^^^??^**^
annually in such manner, mode, and time, as they may fix by& ghau eject
by-law, not less than five, nor more than seven trustees, whoirnsteesantm-
shall continue in office until their successors are duly elected ^'v
and qualified; and before entering on the dutie? of their
office, they shall take an oath before some justice of the peace,
faithfully to perform the duties enjoined on them by this act,
and by the by-laws of the association to which they belong;

ACADEMIES.

and should any vacancy occur in the board of trustees before
the expiration of the year, either by death or resignation, the
remaining members of the board shall be authorised to fill
such vacancy from among the stockholders; which appoint-
ment shall hold and continue until the ensuing annual elec-
tion.
„,, . . Sec. 4. The trustees, when elected and qualified, and their

ration may successors m oitice, shall be competent m law or equity to
take and hold take or receive in their corporate name, and for and in behalf
real and p^r- ^^ ^^^ associated stockholders, any estate, real, personal, or
gonal estate -jiji -r 1 -ii ^ n

mixed, by the gilt, grant, bargain and sale, conveyance, will,

demise, or bequest of any person or persons whatsoever, and
the same estate, whether real, personal or mixed, to grant,
bargain, sell, convey, demise, or place at interest or otherwise
dispose of, for the use and benefit of the academy or sem-
'Funds how inary whose interests they represent. Said trustees shall
applied faithfully apply all fur.ds collected, or the available pro-

ceeds thereof, in erecting, completing, or repairing, suitable
buildings, paying suitable salaries to the necessary officers,
instructors and servants, in procuring books, stationery, maps,
charts, globes, and apparatus necessary to be used in an
academy or seminary of learning; and in case any donation,
devise, or bequest, shall be made to any institution established
under the provisions of this act, and the corporation to which
the same shall be made, shall accept the same, such donation,
, devise, or bequest, shall be applied in conformity with the

express conditions of the donor or devisor.

Sgc. 5. At the time of the annual election of trustees, the
To appoint a stockholders in each corporation created under the provisions
ireasurer who ^f ^j^jj, ^^j. gj^j^jj gi^^t a treasurer, who shall, before he enters

shall give jt. J i.- r 1 • m • i . • i 1

bonds upon the duties 01 his omce, give bond, with approved secu-

rity, to the trustees thereof, in such penal sum as they may
require, for the faithful performance of the duties of his office,
and who, for good cause, may be removed by the concurrent
vote of two-thirds of the trustees; and in case of his death,
removal, resignation, or refusal to serve, it shall be lawful for
the trustees, at any of their meetings, to appoint another
treasurer in his stead, to remain in office till the expiration of
the time for which his predecessor was elected.

Sec 6. That, on the payment of such sum as the stock-
holders, in each corporation under the provisions of this act,
may ordain by their by-laws, every free white person shall be
Rig:htsof considered a stockholder, and be entitled to one vote, and it
atockholders ^^.^y [^^ lawful for each and every stockholder, for the time
being, his executors, administrators, or assigns, to give, sell,
devise and dispose of their respective rights or share? in such
academy or seminary, and such donee or purchaser shall be
First board of entitled to all the rights of the original holders,
trustees to be Sec 7. The first board of trustees elected under the provis-
licit subscrip-^^^^ ^^ ^^'^ second section of this act, shall, and they are hereby
tiona of stock appointed commissioners to solicit and receive subscriptions

ACADEMIES.

o^ stock to the corporation which they represent, and give

receipts for the same, and pay the same over to the treasurer

when elected and qualified; and said trustees, within six months

from the time of their lirst election, shall give puhlic notice To give no-

in some newspaper of the county, if there be any, cr in at^^^^. ^f '^^ ^h~

least three public places in the neighborhood of the location ^^Jj^^jy

of the academy or seminary, of the time and place of holding

an election of trustees and treasurer; and said election shall

be held between the hours of twelve, M. and six, P. M.; and

said trustees, or any three of them, may act as judges of

elections.

Sec. 7. [8.] Each stockholder shall be required at or before Stockholders
the second election of trustees, to pay five dollard on each '^^o^ J!fVhl!"

, I . I MI II • I I • su.nis on me

share by him or her subscribed, and the residue at such time,subscnpiion8
and in such amounts, as shall be required by the hoard of of stock
trustees, and if the instalments are not paid within six months
from the time required, then the amount already paid by him
or her, shall be forfeited to the corporation.

Sec. 8. [9.1 Any academy or seminary established under Academies to
the provisions''of this law, and in operation, shall at all times ^^^^P^"^'^^,^"
be open for the use and privilege of every free white person with the by-
who may wisli to be instructed therein, if such person will laws
comply with bylaws and regulations of the corporation, and
pay such sum as the trustees may require for the instruction
of students attending such academy or seminary, and every
free v/hite person who miy at any time tender to the treasurer
of the corporation the sum required by the by-laws to con-
stitute a stockholder, shall be admitted as such, and receive •
from the treasurer a certificate of stock.

Sec. 9. [lO.J If at any time any corporation created under Corporation
this act shall violate any of its provisions, it shall be the dut} j^^'J^ ^^ ^^^^'
of the Attorney General when he may have knowledge thereof,
to file an inforni'ition in the nature of a quo warranto^ fur the
purpose of vacating the same; Provid'^d^ in that case the
trustees shall have the right of selling all the property, real
and personal, belonging to such corporation, and after paying
all its debts, the balance, if any, shall be distributed prorata
among the stockholders thereof.

Sec. 10. [I I. J That in case it should happen that an
election of trustees should not be made on the day ap-
pointed by the by-laws of any corporation established by thisCorporationa
act, such corporaiion shall not for that cause be deemed to be ""' 'j* ^^ ^'""
dissolved, but that it shall be lawful on any other day to hold j^re to elect *
and make an election of trustees, in such manner as shall be trustees
prescribed by the by-laws and ordinances of such coi poralion.

Sec II. 1 12.] That all coiporations created under the
provisions of this act may from time to time prescribe and Corporation
regulate the course of studies to be pursued in such insii '"'"^S"^'''''^*

, 'r- c: i.\ . c A • ,• • . • \. . i\' 1 course of stu-

tution, tix the rate oi tuition, appoint instructors, otiicers, and j-^^ ^^
such assistants and agents as may be deemed necessary in
managing its concerns; and do all and every thing that may

ADMINISTRATORS AND NOTARIES PUBLIC.

be fit and proper, for the purpose of prcmoting the cause of
education, that is not inconsistent with the provisions oi ihis
act, or contrary to the constitution and laws of the United
States and of this State.

Approved, March 0th, 1843.

In force, AN ACT to fix the tenure of certain officers.

Feb. 21, 1843.

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

Terms of cer- represented in the General Assembly. That from and alUr the

deLed'''^^^ first of January, eighteen hundred and forty-three, the

tenure of pubUc administrafors, notaries public, and masters

in chancery, shall be four years, and until their successors

are appointed.

T. .,«^i»- ^J^^'' ^» Wiienever the successor of any of the ofiicers

lo surrender j • i !• • • i . ■

books, paper?, named m the precedmg section shall be appomtcd, it slia!! be

&,c. to iheir their duty to surrender all books, papers, vouchers' and (»iher
6ucces?ors documents belonging to his office after demand of such suc-
cessor, within ten days thereafter.
Penalty for Sec. 3. l{ any officer above named shall refuse or neglect

refusing to to surrender all the books, papers, or vouchers connected with
his office, alter such demand, he may be indicted, and, on con-
viction, shall be fined in a sum not exceeding one thousand
dollars, and stand committed until paid.
nn^Mf ^MMhK,. Sec. 4. The Governor shall proceed, after the nassaiic of
acliiiinistr.i- this law, to appoint public administrators and notaries public
torsarid nota-in each county, and the judges of the respective circuits shall
nes public appoint masters in chancery at the first term of the cir-uit

Circuit courts . • l r ^i i- • ji • i' • i- • , i*

innn;..r .nn. courts lu cach ot the counties in their respective ludit lal dis-

uppoiuc mas- . r» • ; r •

ters in ctian- tricts; Frovided, that all masters in chancery to be appointed
eery under the provisions of this act, shall give bond with security

Masters in to be approved of by the court making such appointmoiil, and
give bomltuul ''^ ^^^^ ^^^'" ^^ s\vA\ be fixed by said court, and shall Uiko an
take oath oath, to be endorsed thereon and filed with the clerk of . uch
court, faithfully to discharge the duties of such office.
Approved, February 21, IS43.

In fo ce, AN ACT to amend an act entitled an "An act to apportion the renicsen-
Feb. 3d, 1H43. laiion of rh^* several counties in this State," aj)proved Februar^) uveu-
ty-sixtli, 1841.

Sec. 1. Be it enacted by the people of the Slate of Illinoi&f

represented in the General Assembly, That so much ci the

Part of form- third section of the act to which Ihis is an amendin ni as
er law repea- • i.i i i rii i • • , ; i

Jed requires the clerks Ot the county commissioneis' courts < I the

coimties of Bond, iMontgomery, and Christian to meet ;il the
, county seat of Bond county to compare the returns o! t lec-

tion lor senator to the General Assembly for the district torn-

APPORTIONMENT. 1|

posed of the counties aforesaid, be, and the same is hereby
repealed.

Sec. 2. In all elections hereafter for senator to the General
Assembly of this State, for the district composed of the counties Place of com-
of Bond, Montgomery, and Christian, the clei ks of the county paring Toteg
commissioners' courts of said counties shall meet at the )^" jjjj^^j^^^"*^^
county seat of Montgomery county, to compare the returns Chrisiian and
of election for senator for the district aforesaid. Montgomery

Approved, February 3d, 1843.

AN ACT supplementary to "An act to apportion the representation of the In force,

several couniies in this Staie," in force, February 26ih, 1841. Feb. 6, 1843.

Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That the county of Lake Representa-
shall hereafter elect one representative, and the county of "°^'^^ t^'*®

/-^ 1 t J • I I 1 1 11 r • 1 """ Cook

Cook three representatives, and botii shall lorm one senatorial counties

district, the senator from which shall be selected from the

district without regard to residence. Rppresenta-

Sec. 2. The counties of Will, Du Page, and Iroquois shalh^'-n ^ WilJ
also constitute one district, and be entitled to elect one senator jroqm>is^ ^^
and four representatives. counties

Sec. 3. Any provisions in the act to which this is supple- pa^t of former
meiitary, inconsistent with the provisions of tliis act, aielaw repealed
hereby repealed. .

Approved, February 6th, 1843.

AN ACT making partial appropriations. In force.

Dec. 30, 1842.

Sec 1. Be it enacted by the people of the State of Illinois
represented in the General Assembly, I'hat the Auditor of Pub-
lic Accounts be, and he is hereby required to draw warrants ^"fb'tor to is-
on the treasury for the sum of one hundred dollars to each j"^j^j^jjgj.g^
member of this General Assembly, and a like warrant to the officers of Ge-
Speakers of each House, the seer itary of the Senate, the i'*^'^^^ '^Jfnn'
clerk of the Hous(! of Representatives, and the assistants of ^ °^ *
each House, to each of the engrossing and enrolling clerks
of the two Houses, to each of tfie door-keepers, and to the
copyists, and to the Secretary of the Council of Revision.

Approved, December 30Ji, 1842.

AN ACT making appropriations for the years eighteen hundred and forty- In force,
three and eighteen hundred and forty. lour. Mar. 3, 1843.

Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly^ That the «um of eight
thousand dollars be, and the same is hereby appropriated as a

13 APPROPRIATIONS.

Contingent contingent fund, to meet the contingent expenses for the years
^"" one thousand eight hundred and forty-three, and one thousand

eight hundred and forty-four; and the said fund shall be sub-
ject to the order of the Governor, for the purpose of defiayin^
all such expenses as are unforeseen by the General Assembly,
or otherwise unprovided for by law, and a proper statement
of which shall be laid before the next General Assembly of
this State, by the Auditor, in his biennial report.

Sec. 2. The following sums are hereby appropriated in full
Appropria- for the salaries of the several officers hereinafter mentioned,
rles^^"'^ ^'^ ^"for the years one thousand eight hundred and forty-three, and
one thousand eight hundred and forty-four; the Governor four
thousand dollars; to the Auditor of Public Accounts, including
clerk hire, three thousand dollars; to the State Treasurer,
including clerk hire, two thousand dollars; to the Secretary of
State, including clerk hire, two thousand dollars; to the Judges
oCthe Supreme Court, each, the sum of three thousand dollars;
to the Attorney General, one thousand four hundred dollars,
and State's Attorneys, each, six hundred dollars; to the Secre-
Appropria- tary of the Council of Revision, three dollars per dav.
ficerV& m ^^' ^^^' ^' ^here shall be allowed to the Speaker of the House
bersof theSe'^^^^^P'^^^""^'^^'^*^^ and thu Speaker of the Senate, each, the
nate & li. ofsum of six dollars per day, and four dollars for every twenty
Kepresenta- miles necessary travel, in coming to and returning from the
scat of government; to each member of the Senate, and to
each senator sworn in, or whose seat was vacnted by resolution
of the Senate, and to each member of the House of Repre-
sentatives, the sum of four dollars per day, for each day's
attendance at the present session of the General Assembly, and
fowr dollars for every twenty miles necessary travel, in coming
to and returning from the seat of government; to the secre-
tary and assistant secretary of the Senate, and to the clerk
and assistant clerk of the House of Representatives, the sum
ol six dollars per day; to the sergeant-at-arms of the Senate,
and to the door-keeper of the House of Representatives, and
his assistant, ench, the sum of four dollars per day; and to John
Kavenaugh, the sum of three dollars per day, as assistant
door-keeper of the Senate, for each day served by him, to be
certified by the sergeant-at arms; to the enrolling and
engrossing clerks of the Senate and House of Representatives,
each, the sum of five dollars per day; to each one of their
assistants, four dollars per day, for the time actually employed,
the number of days to be certified by their principals respec-
tively; to the copyists of the journals of the Senate and House
Oilier persons of Representatives, each, the sum of four dollars per day; to
John Dawson, for swearing in the members of the Senate, at
the sessions of one thousand eight hundred and/orty and one
thousand eight hundred and Ibrty-two, five dollars for each
session; to D. B. Campbell, five dollars for administering the
oath, required by the constitution, to the mt-mbers of the
House of Representatives; to Benjamin Kellogg, for his ser-
vices as clerk of the committee on the contested election from

APPROPRIATIQJVS, 13

Peoria county, at the session one thousand right hundred and
forty, twenty dollars; to Jarvis Pierce, four dollars, for serv-
ing as assistant door-keeper one day; to the tSecretary of State,
for making index to journals of the Senate and House of Re-
presentatives and laws, for copying laws and making marginal
notes and index to laws, the sum of six hundred dollars; to J.
S. Rogers, thirty-one dollars and twelve cents, for services
rendered and articles furnished the State; to S. M. Tinsley
and company, three hundred and forty-two dollars and eighty-
seven cents, for arlicies furnished the State; to J. Bunn, two
hundred and three dollars and twelve cents, for candles fur-
nished for the State; to Hiram Wood, one hundred and ten
dollars and twenty-five cents, lor repairing furniture and fitting
halls for the General Assembly; to VV^allaceand Diller, thirty-
two dollars and fifty-six cents, for articles furnished the
State; to C. C. Phelps, ninety dollars, for three dozen fancy
chairs Ibrthe General Assembly; thereshall beallowed to John
Garlin, the sum of two dollars per day for his services in tne
office of Secretary of State, during the present session of the
General Assembly, the number of days to be certified by the
Secretary of State; to M. JJoyle, fifty djllar> and thirty -seven
cer»ts, for candles furnished the State; to V". Hickox, three
hundred and eighly-one dollars and seventy-four cents, for
carpet for Senate chamber, and other articles furnished the
State; to E. B. Pease and Brother, fifteen dollars and sixty-
nine cents, for articles furnished for the State; to Michael
Macnamara, for five month's wages in preparing v/ood for
General Assemb!)', and for articles furnished for the Slate,
one hundred and twenty-five dollars; to John Donahan, sixty
dollars, for three month's wages in preparing wood for the
General Assembly; to James Crawford, twenty dollars, for one
and one-third month's wages in preparing wood for the Gen-
eral Assembly; to Virgil Hickox, for services rendered as
clerk to the board of aujitors in investigating the accounts of
the former State House Commissioners, twenty five dollars;
to H. E Bridge and company, three hundred and sixty dollars
and eighty-seven cents, for balance due for stoves, &c., fur-
nished prior to the last Legislature, and allowed by the board
of auditors; to Smith and Crom, eleven hundred and sixty
dollars and seventy-seven cents, being the balance remaining
unpaid, as allowed by the board of auflitors, for articles fur-
nished in the construction of the State House; to Strattan and
Seymour, five hundred and seventy-tlirce dollars and twenty-
nine cents, for stoves and pipe purchased by former State
House Commissioners, and allowed by the board of auditors;
to L. Levering, assignee of Birchall and Johnson, three hun-
dred and sixty-three dollars and sixty cents, ior binding jour-
nals and reports of the session of one thousand eight hundred
and forty, and one thousand eight hundred and forty-one, for
Secrctiiry's office; to John Von y.orn, thirty dollars, forjmaking
a statistical map of the State ior the districting committee,

ASSESSMENTS.

which map shall be deposited in the office of the Secretary of
State; to J. Hutchinson for coffin for Green, ten dollars; to A,
D. M'Graw, for funeral expenses of the Hon. John Green,
seventy four dollars; to Henry Ream, for medical attendance
on the Hon. John Green, the sum of fifteen dollars, eighty-
seven cents; to Betts and Frazer, for mcdicai attendance on
the Hon. John Green, thirteen dollars and tif:y cents; to James
M. Brown, four dollars and thirty-two cents, for taxes wrong-
fully paid into the State treasury ; to Robert L. Arnold, of San-
gamon counly, the sum of twenty-three dollars and twenty-
nine cents, for damages sustained by him, because of the failure
of the State House Commissioners to furnish him with loading
from St. Louis to Spiingfield, as per contract. That John B,
Weber shall be, and he is hereby appointed to make out a
new set of tract books, to contain an entry of all the appropri-
ated lands in this State, leaving spaces for lands to be hereafter
entered, and also, record of all the town lots in this State, with
a description of the same, to supply the place of the books now
in the Auditor's office, and which are already filled with entries,
and the said John B. Weber shall make the said tract books,
and perform the service aforesaid, under (he supervision of
the Auditor, and shall be allowed the sum of two dollars per
day, for each day necessarily employed in the said service, to
be ce/tified by the Auditor, and the Auditor shall issue his
warrant upon the treasury in favor of the said John B.
W^eber for the amount of his compensation so ascertained as
in other cases.

Approved, March 3, 1843.

In force, AN ACT to legalize the assessment of taxes in the counties of Mercer, St.
Feb. 1, 1843, Clair, Macoupin, and other counties, forthejear one thousand eight hun-
dred and forty-two.

Sec 1. Be it enacted bi/ the People of the Slate of lilinoist
represented in the General Assembly^ That the assessment of
AsBessntient of taxes, in the counties of Mercer, St. Clair, Macoupin, Frank-
taxes egai'iin^ j^jid Sangamon, in the year one thousand eight hundred
and forty-two, shall be good and valid, and in every respect as
legal as if the same had been taken under the provisions of
the "act concerning assessors," approved February twenty-
sixth, one thousand eight hundred and forty-one. This law
to take effect from and after its passage.
This act to be Sec. 2. That this act, so soon as it becomes a law, shall be
published published in the paper of the Public Printer.

Sec. 3. The provisions of this act, shall extend to the
Assessmen^t ^^ county of St. Clair, for the years one thousand eight hundred
St. Chiir" CO . ^'^^ forty-onc and one thousand eight hundred and forty-two.
legalized APPROVED, February 1st, 1843.

ASSOCIATIONS. 15

AN ACT to legalize the assessment of taxes in the county of Grundy. In force,

Feb. 3, 1843.
Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That the assessment of^^^^^^'"^"^®^
taxes in the county of Grundy, for the year eighteen hundred j^g^f^ge^
and forty-two, shall be as vaUd, to all intents end purposes,
as if it had been made as required by an "act concerning the
public revenue," approved February twenty-sixth, one thou-
sand eight hundred and thirty-nine.
Approved, February 3d, 1843.

AN ACT to legalize the assessment of property in the counties of Iroquois In force,

and Will. Mar. 1 . 1843.

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

represented in theGeneral Assembly. That ihe assessment of the Assessment
■* . I 111*^ p Tir-ii r <^' taxnble

taxable property, made by the assessor oi Will couniy, lor property in
the year one thousand eight hundred and forty-one, be, and ^J" co. for
the same is hereby declared good, valid, and effectual in law, ^^^^ legalized
in the same manner as if the same had been taken and returns
thereof made, within the time limited by law for that pur-
pose.

Sec. 2. That the assessment of taxable property in the Same in Iro-
county of Iroquois, for the year one thousand eight hundred ^'^'^^^'^°'" ^^^^
and /orty-two, be, and the same is hereby declared good,
valid, and effectual in law, in the same manner as if the same
had been made in strict conformity with all the provisions of
the laws in such case made and provided.

Approved, March 1st, 1843.

AN ACT to incorporate the Oak Grove Cemetery Association. ii^ force

Feb. 23, 1843

Sec 1. Be it enacted by the People of the State of Illinois^
represented m the General Assembly^ That David B. Jackson
and associates, of the town of Hillsboro, and county of Mont-
gomery, and their successors, be, and they are hereby constitu-
ted a body corp'-'rate and politic, by the name and style of the q^ Grove
"Oak Grove Cemetery Association," and by that name have cemetery as-
perpetual succession, and shall have, possess, and be invested sociation in-
with all the powers, rights, privileges, liabilities, and immuni-°"'"P°"^^^®'^
ties incident to a corporate body.

Sec. 2. Said association shall have power to own and pos- May own ten
sess real estate, not exceeding ten acres, which shall be exempt acres of real
from taxation and from execution. estate

Sec 3. The object of said association shall be, exclusively q.-^^j ^^ ^^^^
and solely, to lay out, enclose, and ornament a plat or association
piece of ground, not exceeding ten acres, as aforesaid, to be
used as a burial place for the dead. ^ .

Sec. 4. Said association shall have power to lay out the era

.-16 ASSOCIATIONS.

burial place into lots of suitable size for family burial deparl-
mfe'nts, and sell the same; the purchasers of which shall use
the said lot or lots as herein contemplated, and for no other
purpose whatever.
Proceeds of Skc. 5. The proceeds arising from such sale, after deduct-
sales ho v ap- ing all the expenses ot purchasing and laj ing out lots, shall be
P^'^^ appropriated and used in improving and ornamenting the

burial ground, or in other objects connected with this incor-
poration.

Sec. 6. The officers of the association shall be a president
treasurer, (who shall also act as secretary) a superintendent.
Officers to be j^j^^j tvvo directors, who shall be chosen annually, by ballot,
chosen unnu- ^^^ gj^^y j^^jj ^[^gjp offices until their successors are chosen;
and any neglect to choose officers on the day, within the year
fixed upon by the said officers, shall not operate as a forfeiture
of this act of incorpoi-ation.
M mbe 3 ^^^' '^' ^^^0' P^i'son holding one or more lots, shall be a

member and entitled to one vote only; absent members shall
have power to vote by proxy.
Right of pro- Scc. 8. The right of property fo any lot or lots which may
peny in Jots [^g purchased, shall be vcsied by a certificate of stock, signed
^ " by the president and countersigned by the superintendent,

and shall be recorded in a book to be kept by the secretary
for that purpose; and every transfer or assignment of such cer-
tificate of stock sliall be made by surrendering the same to the
Sfccretarv,and cancelled or otherwise destroyed, and a new one
issued to such transferee or assi<i;nce.

Sec. 9. It shall be the duty of the secretary, on the order

Secretary _ toQf^i-je president or any two directors, to call a meeting of the

ca "^^'-'^^"S^jjrjembers for the choice of officers, or tlie transaction of any

other kind of business which this act authorizes, by giving

three days previous public notice.

Sec iO. The said corporation shall have power to estab-

juriicrpow- ]]§}! qq^j change bv-laws, and prescribe rules and rctrulations

for the government and election of their officers, prescribe

their duties, and the management of its proj)erfy and affiiirs.

Private prop- Sec. 11. Tiic private propc'ty of the stockholders shall be

eny Jiiibie ft>r jj^^j^jg |',j. ^]\ (jejjtg created by said corporation. This act to

tlebls oi tnp ■ •

corpora;ii)ii be in force from and alter its passage.
Api'ROved, February '2^d, 1813.

In force, AN ACT to incorporate the Lamoille Axricultural and Mechanical Asso-
Mar.6, 1843. ciaiiou.

Sec 1. Be it enacted hy 1 ha People of the Slate of Illinois^
Lamoille K^. represented in the General Assembli/, That Timothy Edwards
riculiural and s-innuel Edwards, John Kendiill, and their associates, be and
A^'o^'rlnl^Jf^n ^^lev arc hercbv created a Lodv corporate and politic bv the

Association ^ i''r-T -ii "• i jt\iu -'ia

incorporated name and style of Lamoille Agricultural and Mechanical As^

ASSOCIATIOiVS. 17

sociation, and hy that name and style to have perpetual suc-
cession, to make contracts, to sue and be sued, to plead and
be impleaded, to grant and receive by its corporate name,
and to dr) all such acts and things as a natural person may;
acquire, purchase, or sell property, real or personal, and in
all lawful ways, to use, manage and dispose of the same, and v

make by-laws for its regulation, not inconsistent with the
constitution of the United States or of the State of Illinois.

Sec. 2. The capital stock of said association shall consist of Capital stock
shares of fifty dollars each, which, so far as subscribed, shall
all be paid in before the company shall commence its opera-
tion, and all that may be afterwards taken shall be paid at
the time of subscription, and the stock of said association
shall not exceed one hundred thousand dollars, and the quan-
tity of lands owned by said association, shall not exceed eighty
acres to each stockholder in said association.

Sec. 3. Subscription to the stock of the association shall be Subscripuons
opened under the direction of Justin H. Olds, Elisha Fassett, *° ^^^^^^ *o be
and Timothy Edwards, who shall be directors from the time
this act takes effect and until others are elected.

Sec. 4. The association shall, as soon as a sufficient amount
of stock shall be taken, elect a president and five directors, a Officers
secretary and treasurer, who shall be sworn well and truly
to perform the duties of their respective offices, and shall hold
their offices until the first Monday in January following, and
until their successors shall be elected and qualified to fill their
places.

Sec. 5. On the first Monday in January, in each year, shall Annual meet-
be held the annual meeting of the association, at which timeing
all tlie officers of the society shall be chosen by the vote of
each member of the association.

Sec. 6. Certificates of stock shall be given to the stock- Certificates of
holders, which shall be evidence of stock held; they shall be ^'°^^
signed by the president and countersigned by the treasurer;
the stock shall be transferable on the books of the corpora-
tion only, by an agent or attorney, or by the administrator,
executor, trustee, or guardian, but such stock shall be at all
times holden by the corporation for any dues from the hold-
ers thereof to the corporation, or for any sums that may there-
after become due on a contract made prior to such transfer.

Sec 7. It shall be the duty of the board of directors, at all Board of di-
times, to keep proper books of accounts, in which they shall '"^^^'^"^^ *° ^^'
register all the transactions of the association; which books fj-ans^ctions
shall at all times be subject to the inspection and examination of thecom-
of the members, and to make annual dividends of the profits P^"-^
of said association.

Sec. 8. The corporation shall have pov/er to appoint sales- Corporation
men, agents, clerks, and such other officers as they may deem ™^J' ^PPo^
necessary or convenient, and may require such securities as ^^
they may deem sufficient for the iaithful performance of the
duties of such officers.

)Oint

18 ASSOCIATIONS.

By-laws Sec. 9. The association may, by a vote of a majority of its

members, adopt such rules and regulations, and enact such
by-laws as may be deemed necessary to carry out the objects
of the association, not inconsistent with the laws and consti-
tution of the United States or of this State.
Erect build- Sec. 10. The society shall have power to erect such edifices
*"^^ and buildings as they may require for agricultural, mechanical

or scientific pursuits.
Public act ^Ec, 11. This act is hereby declared a public act, and shall

take effect from and after its passage.
Stockholders g^,^^ ^2, The stockholders hereby incorporated shall be
private cana- ^i^^^*^ ^^ their private properties for all corporate debts,
city Sec. 13. The Legislature reserves the light to change and

Legislature alter, or modify this act whenever, in its opmion, the public

may alter or , . ./ ' r ^ r

modify this good require it.

act ' Approved, March 6th, 1843.

In lorce, AN ACT to incorporate the Naperville Cemetery Association.

Mar. 6, 1843.

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

represented in the General Assembly, That Joseph Naper,
Trustees of ^^^"'S Ellsworth, and John Granger and their successors, be
the Naper- and they are hereby created a body corporate and politic, by
Tille cemetery the name and style of the ''Trustees of ihe Naperville Ccme-
fncor^rated tery," and by that style and name to have perpetual succes-
sion, and a common seal which may be altered at pleasure.
Sec. 2. That the owners of lots in the cemetery, or such
,p number of them as may be present, shall, on the first Monday

elected of May next, elect three trustees, who shall be owners of a

lot or lots in the cemetery, one of whom shall continue in
office for one year, one for two years, and one for three years,
or until their successors are elected; and annually, on the
first Monday of May thereafter, they shall elect one trustee,
who shall continue in office for three years, or until his suc-
cessor is elected; said trustees shall have power to make such
Their Powers ^.^j^^^ ^^^j regulations as they, or a majority of them, bhall
deem proper for the laying out, ornamenting and keeping in
repair said cemetery, and for the management of the aflkirs
of the corporation.
' Sec. 3. That the trustees shall appoint a secret^^ry and

Officers treasurer, and may allow such compensation for the services

as they think proper, and hold their meetings at such times
and places as a majority may appoint; and the trustees sliall
be capable in Ihw and equity of sueing and being sued, and
answered unto, defending and being defended in any court or
courts, place or places, whatsoever.
Trustees may Sec. 4. That the trustees and their successors in office shall
purchase real be, in law, capable of purchasing, holding and conveying any
^ro l^l^^^'^^ personal or real estate for the use of said corporation; Pro-
vided, said corporation shall not be allowed, at any one time,

ATTACHMENTS. ATTOnNEYS. 19

to own more than five hundred dollars of personal property,
nor more than ten acres of land.

Sec. 5. That this act shall be in force from and after its
passage.

Approved, March 6th, 1843.

AN ACT amending the several acts relating to attachments. In force,

Feb. 23, 1843.
Sec. 1. Beit enacted by the People of the State of niinoiSf
represented in the General Assembly^ That whenever any cred-
itor, his agent or attorney, shall make oath or affirmation
before any justice of the peace in this State, that any person. Justices of the
being a non-resident of this State, is indebted to such creditor p^^<^^ ™'?"^h
in a sum not exceeding fifty dollars, it shall be lawful for suchj^g'jj^j ^asa^nst
justice to issue an attachment against the personal estate of non-re?ident

such non-resident, to any constable of said county, returnable ^^^'o" ^^
. r • 1 • ^- J- i Ji • • c * certain cases

belore said justice, accordmg to the provisions ot an act reg-
ulating proceedings by attachment before justices of the
peace, approved February twenty-seventh, one thousand eight
hundred and thirty-seven. This act to take effect from and
after its passage.

Approved, February 23d, 1843.

AN ACT to compensate Henry Brown, for services rendered as State's |q force.
Attorney in the seventh judicial circuit, jan. 28, 1843

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Jlssembly, That the Auditor of Pub-
lic Accounts be and he is hereby required to draw his warrant 4PP^°Pj^rg,
on the treasury, in favor of Henry Brown, for one hundred and to H Brown
thirty-four dollars and twenty-five cents, for services reivdered
the State as prosecuting attorney, in the j^seventh judicial
oircuit.

Approved, January 28th, 1843.

AN ACT concerning Attorneys and Counsellors at law. jjj fopce

Mar. 4, 1843.
Sec. 1. Be it enacted by the People of the State of Illinoi?,
represented in the General Assembly, That in all cases when an
attorney of any court in this State, or solicitor in chancery, Attorneys &
shall have received, or may hereafter receive, in his said office solicitors re-
of attorney or solicitor, in the course of collection or settlement ^^^^^S to pay
of any claim left with him for collection or settlement^ any cofle^ed^by
money or other property belonging to any client, and shall, them to be
upon demand made, and a tender of his reasonable fees and^"'^^^^" '^^^
expenses, refuse or neglect to pay over or deliver the same

20 BOARD OF AUDITORS.

to the said client, or to any person duly authorized to receive
the same, it shall be lawful for any person interested to apply
to the Supreme Court of this State for a rule upon the said at-
torney or solicitor, to show cause, at a time to be fixed by the
said court, why the name of the said attorney or solicitor
should not be stricken from the roll, a copy of which rule
shall be duly served upon said attorney, at least two days
previous to the day upon which said rule shall be made re-
turnable; and if, upon the return of said rule, it shall be made
to appear to the said court, that such attorney or solicitor has
improperly neglected or refused to pay over, or deliver said
money or property so demanded as aforesaid, it shall be the
duty of the said court to direct that the name of the said attor-
ney or solicitor be stricken from the roll of attorneys in said
court, and the said attorney or solicitor shall forever thereaf-
ter be debarred from practising as attorney or solicitor in any
of the courts of this State. This act to take effect from and
after its passage.

Approved, March 4th, 1843.

In force, AN ACT to appoint a board of auditors to settle the accounts with R. F.
Mar. 1, 1843. Barret, late Fund Cotmnissioner.

Sec 1. Be it enacted hy the People of the State of Illinois,
Gov Auditor fcp^'^sented in the General Assembly, That the Governor, Audi-
and Treasur-tor, and Treasurer be and they are hereby authorized and
erto settle required to investigate the accounts of Richard F. Barret, late
t^he^ccounts^p^^^ Commissioner of the State of Illinois, and adjust the
ret late Fund Same on the principles of justice and equity; that if, on such
Com'r settlement, any amount should be found in favor of or ngainst

the said Fund Commissioner, they shall pay or receive in pay-
ment, such funds as they shall think the justice of the case
requires to liquidate the amount.
Approved, March 1st, 1843.

In force, AN ACT to amend an act entitled '*An act to consolidate the acts relative
Mar. 4, 1843. to the Auditor and Treasurer and election of Attorneys General, approved
March 2d, 1833."

Sec. 1. Be it enacted by the People of the State of Ulinoisj
represented in the General Jissemhly, That an act entitled "an
act concerning the payment of the revenue and for other pur-
Certain acts poses," approved January 16th, 1830; also, an act entitled
repea e ^^^^^ ^^^ ^^ provide for the safe keeping and security of the

public money," approved March 4th, 1837; also, an act enti-
tled "an act to regulate the interest on Auditor's warrants,"
approved February 21st, 1839; and also, an act entitled "an
act changing the place of depositing the public money," ap-
proved March 1st, 1839, be and they are hereby repealed;

AUDITOR AND TREASURER.

and the act to which this is an amendment is hereby revived.

Sec. 2. The eighteenth section of the act to which this is
amendatory is hereby repealed.

Sec 3. It shall be the duty of the Treasurer, before de- Treasurer to
positing with the Auditor the warrants which may be in his cancel war-
hands at the time of making his monthly report, as required in ^^"^^
the sixteenth section of the act to which this is amendatory,
to write the word "cancelled" in red ink across the face of
each of such warrants.

Sec 4. In case of the violation of the condition of the bond Treasurer
of the Treasurer, suit maybe instituted and prosecuted to^^y*^^^"^^
final judgment against such Treasurer or his securities, or
any one or more of them jointly or severally, without first
establishing the liability of the Treasurer by obtaining judg-
ment against him alone.

Sec. 5. The Auditor of Public Accounts and the Treasurer Auditor and
shall, under no pretence whatever, hereafter employ the same ^'^g^^'^o^ "h^
person or persons as clerk or clerks in both their respective game clerks
oflices, at the same time.

Approved, March 4th, 1843.

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

Dec. 22, 1842.

Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That all debts and demands ^^^^J^^^^ he
due, by note or otherwise, unto the president, directors and p.^iti jn bills
company of the Bank of Illinois, or to the State Bank of Illi-of the same
inois, or that may hereafter become due unto either of said
banks, may, after or before suit brought thereon, be discharged
and paid in the notes and bills of said banks respectively, to
which said debt or demand mtiy be due, whether the same be
in possession of the said bank or banks, or assigned, or trans-
ferred to any corporation, person, or persons. This act to take
effect from and after its passage.

Approved, December 22, 1842.

AN ACT to diminish the State debt, and put the State Bank into liquidation. Jq force,

Jan. 24, 1843.

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

represented in the General Assembly^ That the Governor shall Bank corn'r

nominate, and by and with the consent of the Senate, appoint ^'^

a bank commissioner, who shall be commissioned by the Go- ^ ,. , u„
>i r • i I- I ri • 1 • 1 ,i<^om'rtobe

veraor, and betore entering upon the discnarge ot his duties, shall sworn

take and subscribe the following oath, or affirmation, to wit:

"I do solemnly swear (oraffiim,) that I am not directly or indi-Forra of each

rectly interested .in the affairs of the State Bank of Illinois,

as a stockholder, as a creditor, or as a debtor, and that I will

faithfully, justly, and impartially discharge all the duties

22 BANKS.

required of me bj law, as bank commissioner;" and who, under
To give bond the direction of the Governor, shall execute an official bond
conditioned for the faithful performance of the duties imposed
Compensa- upon him by this act. Said commissioner shall receive such
Hon o^ com'r ^Qj^pgj^gg^l^^-Qj^ for services actually performed, not exceeding
three dollars per day, as may be allowed by the Governor, and
Term of office ^^^^^^ hold his ofFice for two years, unless sooner removed by
Gov, may re- the Governor for good cause, to be communicated to the next
move com'r session of the General Assembly; and if any such removal
* fill *^^"''^' ^^^ shall be made, the Governor shall have power to fill the
vacancy by an appointment, to endure until the end of the
next succeeding session of the General Assembly.
State Bank to gjj^^ 2. The State Bank of Illinois is hereby required to go
dation al?d " ^^^^ immediate liquidation, and within thirty days after the
pay out specie passage of this act, to pay out all its specie at the counter of
to creditors fjgj. principal bank at Springfield, except fifteen thousand
dollars, on all liabilities to note holders and depositors, wheth-
er of the principal bank or branches, and upon all its indebt-
edness, except to stockholders, and upon the real estate fund,
Proviso as the same may be presented for payment; Provided, however,

that the said bank shall immediately take an account of the
specie on hand, and also, of the amount of the immediate lia-
bilities to note holders, depositors, and other such creditors,

„ . and shall not pay out more specie to any one creditor, than

I tivniGDt in • . *■ ^ •

specie to be ^'^ ^'^^^ proportion*, in other words, the payments in specie

pro rata aforesaid shall be pro rata amongst the creditors aforesaid,

and the said bank is hereby required to make out and deliver

Certificates to certificates, signed by the president and cashier, to each

be issue;! to creditor for the lesidue of his debt, after deducting the pay-
creditors for . . ' , . , .o I II
balance due ment in specie from the whole amount, which certincate shall

to be register- be registered by the commissioner, in a book to be kept by
him for that purpose; said certificates to be issued in such sums
as will suit the convenience of the creditors of the bank, which
rec'elvable^or ^^^'^'^^^*'*'-^ shall be received in payment of any debt due the
debts due the bank, and also in payment for any real or personal estate pur-
bank and for chased of the bank, or for the redemption of any land pur-
1 9 property (,jjr^ggj qp ^q ^e purchased by the bank under execution;
Provided, that no certificate shall be issued for a less sum than
Dividend to (en dollars; and it is further provided, that every twelve months
every^tweTve ^^^^'^ the first dividend and distribution herein provided for,
months the said bank, or the receivers thereof, hereafter provided for,

shall take an account of liabilities as aforesaid, and pay out
pro rata, as aforesaid, the amount of specie that may be on
hand, to the bill and certificate holders of said bank, the in-
debtedness to stockholders on account thereof, excepted; And
Bank not to provided further, that the bank shall not, directly or indirectly
purchase cer- through its officers, ap;ents, or otherwise, purchase any of the
certificates issued under the provisions of this act.
. Sec. 3. Said bank is hereby required to go into immedi-

bank'shal/^*^ ate liquidation upon the passage of this act; it shall not in
Dot exercise future discount any note, lend any money, buy or sell any bill

BANES. ^

of exchange, issue any paper for circulation, or receive any
deposites, nor do any other act usually done by banks, except
to wind up its affairs, collect and secure debts, and pay the Powers re-
debts of the bank, sell its real and personal estate, issue the "he^'b",flj.*^
certiiicates for balances, provided for in the second section of
this act, renew the notes of its debtors, from time to time,
upon the payment of instalments of one-fifth each time, and to
sue and be sued, in relation to all its dealings; for which pur-
poses, and for no others whatever, the charter of said bank is^^arter con-
*^-ir.i. r/ r i-uri-uj r tinued fo^ four

continued for the term of lour years, irom the lourtn day oi years

March next and no longer.

Sec. 4. The aforesaid creditors of the said bank shall, before Creditors of
they shall be entitled to the certificates aforesaid, deliver up ^^^"^^^9. S^^®
to the bank, all notes and other evidences of debt held by claims before
them, and receipt for all judgments and other demands in receiving cer-
favor of such creditors against said bank. " *^^^^^

Sec. 5. The bank commissioner aforesaid shall superintend Powers of^

the proceedings of said bank, and shall act as a director on

the part of the State; he shall exercise due vigilance over the

proceedings of said bank, and for that purpose, he shall have

free access to the books, papers, vouchers, vaults, and cash of

.j>i 11111 • J' i ■ • • May examine

saiG bank, and shall have power in prosecuting his enquiries, ^j|-j^gj.gQj.

to administer an oath to the president, directors, cashier, bank on oath

tellers, clerks, and all other persons, and compel them, or

either of them, to testify in relation to the said bank, or in

relation to any matter or thing touching the proceedings of

its officers, effecting the interest of the State, the creditors of

the bank, or of the stockholders, and upon the refusal of any

of them to be sworn or testify, he shall have power to issue May commit

his warrant to any sheritf. and commit such president, cashier, P^""^""^ '"^'."i"

SlD^ to tPStliV

cler'v, teller, or other person, to the common jail of the county to jail

until he or they shall consent to be sworn or testify, as the

case may be; Provided, that said commissioner shall be liable to Proviso

the party aggrieved for any abuse of the powers hereby

conferred upon him. If the said commissioner shall at any

time discover that any dishonest practices are countenanced

by said bank, or any of its officers, in the management of its

business, or that it is about to violate any provision of law, (^^^,j. ^

then the said commissioner shall immediately certify the fact apply for an

to SDme justice of the Supreme Court, whose duty it shall injunction

thereupon be to issue an injunction against said bank, which I^^^J of judg-

shall be executed as in other cases, and made returnable to^^-^^JJ^^ ^^

the circuit court of Sangamon county, sitting as a court of certificate of

chancery, and shall be proceeded in as in other cases of chan-<^om'r^

eery, except that the said circuit court of Sanframon countv,^^^"^' ^^^^''^

ji I . , ,, /• I 11 1 1 J • 'of &ans:amon

on the chancery side thereof, shall always be and remain open ^.q always

to hear causes arising under this act. The injunction to be open to hear

issued shall absolutely restrain the said bank, and all officers ^^'^^^ ^^"^^

and persons connected with it, from doins any act whatever, ?^'^^^"^ ^"*
.. . o J ■' junction

in I elation to the matter enjoined, until the further order of

the said court. The judge who issued the injunction shall

BANKS.

Day of hear- appoint a day for the hearing of the cause, not exceeding ten
^"^ days after the date of the writ, and he, or any other judge,

Testimony may hold the court for that purpose. No depositions shall be
howiaisen required to be taken, but witnesses miiy be sworn, and their
evidence heard in open court; upon a hearing of the cause, the

iud'jra^the'^J^'^^^. ^'^^'^ ^^^^'^ P^^^^' ^^ ^^*^^' modify, or dissolve the in-
'iiearing junction, or make it perpetual, and if it should manifestly ap-

pear that the creditors or stockholders will be defrauded, then
Court niayde- the said court shall have power to decree a forfeiture of the
tSttr'' charter of said bank.

Eflectof for- ^^^' ^' ^^ ^^^ ^'^"^^ bank shall forfeit its charter, as afore-
feiture of said, it shall not thereby forfeit any of its personal effects: its
charter Jands shall not revert, nor shall it be released from any liabili-

ty to its creditors, nor shall any security for the payment of
nppoinTr^cei- "^^"^^J' ^^'^^^^ ^^ ^^ ^^'om the bank, be annihilated, but the said
vers who shall court, or judge, shall appoint three honest and capable men
give bond to act as receivers of said bank, who under the direction of
of the court, shall enter into bond with approved security for
the faithful performance of the duties imposed upon them by
Duty of re- this act; who shall have the power, and perform the duties of
receivers, as in other cases, and shall proceed in the manage-
ment of the aflairs of said bank, in collecting and paying its
Specie to be debts, and selling its real estate and otherproperty, according
paid out pro to such rules and regulations, not inconsisicnt with law, as

rata iv:, notes ^k„ii i j ; t ' . , . , , , ,^ .

received upon ^'^^" "^ made by such court or judge m that behalf, except
payment of that the specie shall be paid out pro rata to creditors, and in
one-fifth collecting the debts due the bank, shall renew all notes with

security, upon the payment of one-fifth part of the debt by
fo'ld'To/iss"' ^^'^ debtor. The said receivers shall not sell any real or pcr-
ihaa two- ^ov\3.\ property of the bank for less than two thirds of its ap-
thirdsits ap- praised value, to be ascertained by the appraisement of three
praisement householders upon oath, to be appointed by the judge of the

circuit court of the county where the property may be situated.
reSe^f to ^'' payments to be made by the receivers shall be made pro
be pro rata ?'^^^ amongst the creditors, who, upon giving up their demands

to the receivers, shall receive a certificate for the residue of

their claim; which certificate shall be received as is provided

in the second section of this act.
Bank to file Sec. 7. The State Bank of iUinois shall, within three days
ance^'onL ^^-^^^^ ^'^^ passage of this act, signify its acceptance of the pro-
am in^office vi^io"s of this act, by writing, signed by the president and
of the Sec. of cashier, under the seal of the bank," and to be hied in the office
lo^n'in (M^(^ r ^^ Secretary of State; and the said bank shall, within tive days
State bonds ^^^^^ ^"^ passage of this act, deliver to the Governor, acting on
&c. to be de- behalf of the State, an amount of State bonds, scrip, and other
i'lT'' u ^°- evidences of debt, without interest, equal on their face to the

vernor by r . -ii' ir>/- ■ .,i.

bank in five ^^^ "* ^^^<^ milhons and fifty thousand dollars, reported by the
days bank as on hand, on the first of December, one thousand eight

owned'LT'' 'hundred and forty two, in which event the Governor is here-
State to be as- ^^y authorised on the part of the State to assign to the bank
signedto bank two millions and fifty thousand dollars of bank stock, owned

BANKS.

by the Slate in said bank, and all the interest of the State in
the assets of the bank, real, personal, and mixed, except so
much of the said assets as the State may be entitled to as the state direct-
holder of fifty thousand dollars of the stock of said bank, inorswith-
which event, also, the State directors in said bankj except the ^''^'''"
commissioner aforesaid, shall be withdrawn.

Sec. 8. Said bank, in collecting its debts, shall not collect Debtors
more than one-fifth part of the debt due at the passage of this [J^J^y^^ew
act, at any one time of any debtor, by note or judgment,
who will pay the one-fifth part and all interests and costs, and
renew, or give his note with good security, to be paid in seven
months; Provided, that in case the bank shall become subject j^^^^^ ^^^^^^
to the operation of this act, the bank shall not in any case but 6 per cent
charge more than six per cent, interest upon the renewal of interest
any bill discounted; And provided^ also, that the time of re-
newal and payment shall not be changed except with consent p^^^^ ^^
of the debtor, and that the said debtor shall have the privilege ^^^^
of making such payment and renewal in the county where his
debt is now payable, and the bank shall appoint agents in the Bank agents
counties in which branches have been or are now located, appointed
for the purpose of carrying this section into effect. In case
any debtor of the bank shall obtain a certificate or certificates,
issued under the provisions of this act, and shall surrender the Surrender of
same to the officers of the bank, or the holder of any note ^^/Jj^^^;^^/"
given to the bank for endorsement thereon, the amount ot sucn (^g^ts due the
certificate or certificates shall be endorsed on such note, and bank
the endorsement shall bear interest at the same rate percent,
as was allowed upon the note upon which such end3rsement
is made.

Sec. 9. The real estate of the bank, excepting so much Real estate
thereof as may be necessary to be reserved, shall be apprais- ^PP^^^^®^^ ^^'^
ed by three householders on oath, or a majority of them resi-
dent in the county where the real estate shall be situated, to
be appointed by the Governor; and after due notice, and with-
in six months after the passage of this act, the said real estate ^^ offered
shall be offered for sale at public auction, and shall be struck ^^^ g^le at
off to the highest bidder, at or above the appraised value there- auction but
of; any real estate failing to sell at its appraised value, or an no^bdow ap-
advance thereon as aforesaid, shall be subject to private pur-^*^*^^
chase, and shall be sold whenever thereafter the appraised Real estate
value shall be offered for the same; Provided, that no real estate so^<? "» ^^^^
of caid bank shall be sold on execution for less than two-thirds ^^irds its ap-
of Its appraised value, to be ascertained by the appraisal of praised value
three householders on oath, or a majority of them, to be ap-
pointed by the judge of the circuit court in the county where
the estate shall be situated. No debtor of the bank shall be Debtors not
•I 11 111 r •- 1-ii.L' J garnisheed

garnisheed by nny holder of certiUcates authorised to be issued

to creditors under the provisions of this act.

Sec 10. The State shall continue to own fifty thousand St^ajeto^remm
dollars of stock heretofore subscribed in said bank, for the pur- * » ' so
pose of continuing the constitutional existence of the same to

26 BANKS.

enable it to wind up its affairs, and for no other purpose what-
ever; and at the expiration of the time, by this act allowed to
the bank to wind up its affairs, the said bank shall surrender
to the Governor of the Stale an amount of bonds, or other
. . State indebtedness, or gold and silver coin, equal to the amount
made o/°said ^^ stock authorised to be retained by said bank, and when
stock on the the same shall be so surrendered, it shall then be the duty of
winding up of |-[jg Qovemor to surrender said fifty thousand dollars of stock

to said bank.
Matters of Sec. 11. All Other matters of difference between the State

difference be- ^^^ ^-|^g bank, shall be submitted to arbitration, one of the arbi-
and bank to trators to be appointed by the Governor, and another by the
be arbitrated bank, and if they two cannot agree, they may choose a third,
whose umpirage shall be final, and if the State shall be found
indebted to the bank, the Governor is hereby authorised to issue
Award how certificates of indebtedness to said bank, under the seal of
carried into State, and if the bank shall be found to be indebted to the
^ ^^^ State, the debt shall be paid by said bank, by a surrender of

State liabilities to the Governor, to an amount on their face
equal to such debt.
Branch banks ^^^* ^^' '^^^ ^^^^ bank shall be required to abolish its
abolished branches, and the notes issued at said branches shall be paya-
ble at the principal bank.
Bonds regis- Sec. 13. If the bonds, scrip, and other evidences of debt,
tared and heretofore mentioned, shall be delivered to the Gover-
nor, in pursuance of this act, he shall cause the same to be
registered by their numbers, amounts, and dates, in the office
of Secretary of State, and shall then produce the same to be
destroyed in the presence of the General Assembly.
Sec. 31 of ori- Sec. 14. That the thirty-first section of an act to incorpo-
nal charter j.^^^ ^|^g subscribers to the Bank of the State of Illinois, be and
the same is hereby repealed; and hereafter the laws now in
force, or hereafter to be in force, regulating the mode of sell-
ing property for the collection of debts, shall apply to the
debts due to the said bank, the same as to those due to indi-
viduals.
No stock- Sec. 15. That in no case shall any dividend or dividends

ceiveVivitu' ^^ made to any stockholder, until depositors, billholders and
end till credi- certificate holders shall have been paid.

tors are paid Sec. 16. The certificates to be issued under the provisions
Form of cer- of this act, shall be in the following form: "This certificate for

^* ^"^^^ dollars cents, w^ill at all times be received by

the State Bank of Illinois in payment of any debt due the
bank, and for any property which the bank may have for sale.
It will also entitle the bearer to the proper proportion of all
dividends which may be made to the creditors of the bank.

President,
Cashier.''''
Approved, January 24th, 1843.

BANKS. ~ 27

AN ACT supplemental to an act entitled "An act to diminish the State In force,

debt and put the State Bank into liquidation." Jan. 27, 1843.

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

represented in the General Assembly. That from and after the Specie of

^ » .. ^ i.- • * v-i -J *. J- State Bank

passage of this act, no execution against the president, direc- ^^^ subject to

tors and company of the State Bank of Ilhnois, or against execution
said Bank, shall be levied upon any of the specie belonging
to the same« unless its officers shall unreasonably refuse to pay Exceptions
out the said specie, joro rata^ to its creditors, according to the
provisions of an act entitled "An act to diminish the State
debt and put the State Bank into liquidation," approved Jan-
uary 24th, 1843.

Approved, January 27th, 1843.

AN ACT to put the Bank of Illinois into liquidation. In force,

Mar. 3, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That an act entitled "An ^^^^^ of Illi-
act to incorporate the president, directors and company, ofnoisand all
the Bank of Illinois, at Shawneetovvn," approved December '''^ ^.cts sup-
twenty-eighth, one thousand eight hundred and sixteen; also, J'jjg"g^"'j|g'7
the "act to extend for a limited time the charter of the Bank pealed
of Illinois, at Shawneetown," approved February twelfth, one
thousand eight hundred and thirty-five; also, an act supple-
mental to an act entitled "an act to incorporaie the presi-
dent, directors and company of the Bank of Illinois, at Shaw- Estate and
neetown," approved February twenty-eighth, one thousand P^^P^i'^y of
eight hundred and thirty-seven, be and the same are heroby g^"g, ^^^ ^^^^
repealed; and the estate of said bank, real and personal, shall vested in
not revert, but shall vest in three commissioners to be appoint- ^om'x^ &,c
ed in the manner hereinafter provided; and all liabilities of
said bank to creditors, shall henceforth attach to said commis-
sioners, and all debts due or liabilities incurred to said bank,
shall be deemed to be due and performablc to said commis-
sioners.

Sec. 2. That the Governor by and with the advice and Gov. to ap-
consent of the Senate, shall appoint three commissioners, who P°'°' '®®
shall have the power and perlorm the duties hereinafter
required of them; and to be called the Commissioners of the
Bank of Illinois, and vvho shall be commissioned by the Gover-
nor; the said commissioners shall continue in office for the
term of two years, unless sooner removed by the Governor
for good cause, to be communicated to the next session of the .
General Assembly; and the said commissioners shall receive pensation
the sum of three dollars per day for their services, the number
of days to be ascertained by affidavit of said commissioners,
and allowed by the Governor.

Sec. 3. The said commissioners, before they enter upon Com'rs shall
the discharge of the duties of their office, shall take and subscribe take oath

BANKS.

the following oath or affirmation: "i do solennnly swear (or af-
ffirnn) that lam in no wise interested intheBank o^Illinoisat•
Shawnectown,eilherasacreditor, debtor or stockholder, and
that I will faithfully andtruly perform all the duties of the office of
bank commissionerofthe Bank oflllinois, according to law, and
according to the best of my ability;" which affidavit or affirma-
tion, in writing, shall be tiled with the Secretary of State; and the
said commissioners shall also be required, before they enter upon
jQ^jjQ^^g^'" ^'^' the duties of their respective offices, each to enter into bond to
ihe Governor of the State, and to his successors in office, for the
use of any person now, or who may hereafter become interested,
in the sum of fifty thousand dolkrs, with good security, to be
approved by the Governor and some two justices of the su-
preme court, and to be filed in the office of the Secretar}' of
State; the said bonds shall be conditioned for the faithful per-
formance of duty by the said commissioners respectively, ajid
to render a just and true account of their actings and doings
in their said offices, and to pay over all monies which may
appear to be due to any person or persons interested in said
bank, as creditors, stockholders, or otherwise.
Duty of com- Sec 4. fhe said commissioners, or either of them, are
missioners hereby required, immediately after they shall have been
qualified as aforesaid, to proceed to Shawneetown, and to
any other place where the said bank has a branch bank loca-
ted, and shall then and there take possession of the banking
house of said bank or branches; and also, of all the goods,
chattels, title papers, credits, effects, cash, and bank bills,
belonging to said bank, wheresoever the same may be found.
Their power Sec. 5. The said commissioners, or either of them, if ob-
& authority gti^m.j;e(] i^ t^^ execution of the powers vested in them by
virtue of this act, shall have authority to call upon the sheriff,
coroner, or any constable of the proper county, who is hereby
required to assist said commissioner or commissioners and to call
to his aid the power of the county ; and if any officer or agent
of said bank, or any other person or persons, shall wilfully
resist or hinder, or in anywise obstruct the said commissioner
or commissioners, or any other person or persons called to his
or their aid as aforesaid, in the performance of any of the
duties imposed upon them by this act, or shall embezzle, se-
Penalty for Crete, or in any manner remove any of the books, papers or
obstructing funds of said bank, in order to place the same beyond the
charee of their ''^^^^ ^^ ^'^^^ commissioners, he or they shall be deemed guilty
duties of felony; and on conviction thereof, shall be imprisoned in

the penitentiary for a term not exceeding ten years.
ComVs may Sec. G. The said commissioners shall hare power to inquire
swear witnes- into the state and condition of said bank, by summoning, at-
p?rscms and taching and swearing witnesses, and by sending for persons
papers, sue «Sl and papers, and requiring the production of the same by at-
be sued, col- tachmcnt; and the said commissioners shall sue and be sued
the^ea/ es^-^ ^Y ^^^ name and style of the Commissioners of the Bank of
tateofbank Illinois, and service of process on either one of them shall be

BANKS. 29

sufficient service; and they shall proceed to collect the debts
due said bank, and sell the real estate belonging thereto, under
such restrictions and regulations as are hereafter provided lor,
and the debtors to said bank shall have a right to renew their
notes to said commissioners whether the same shall be reduced
to judgment or otherwise, by paying one-fifth part of the sum
due or owing, with interest and costs if any, and giving good
security for the residue, every seven months.

Sec 7. The said commissioners shall proceed to take an Shall take an
account of all the gold and silver on hand and of the amount ^.^*^°""l°^,
due to note holders and depositers, and to other creditors ^o creditors
except stockholders on account of stock, and shall, as soon
thereafter as the certificates hereinafter mentioned can be
engraved and prepared, proceed to pay out specie to such
creditors, j9ro rata, at the counter of the principal bank, aspayouttbe
fast as such demands shall be presented for payment, and specie pro ra-
shall issue certificates, not bearing interest for the residue of^*^ to creditors
the debts, upon delivery of the notes presented as a receipt
against such other demand; the said commissioners shall, from
time to time as they may collect specie funds, declare a divi- Shall decLire
dend payable on said certificates, and shall give notice thereof ^g^gj^° leni-
in the State paper; the certificates aforesaid shall be received by ficates in pay-
said commissioners in payment of any debts due the said bank, ^^^^ ^'^ "^^hts
and in payment for any real estate sold by said commission-
ers, or for the redemption of any lands sold under execution
at the suit of the said bank or said commissioners, and shall
entitle the holder thereof to receive such dividend as afore-
said.

Sec. 8. The said commissioners, in selling the real estate i^eal estate
of said bank, shall not sell any of the same for less than two-,""^ ®p'^^ ^^

. . •* Jess tnaQ two

thirds of its value, to be ascertained by the appraisal of three thirds its ap-

householders, under oath, to be appointed by the judge of the praised value

circuit court, of the county where such rerl estate may be

situated; nor shall any of the real estate of said bank be sold

on execution or otherwise, for less than two-thirds of its value

to be ascertained in like manner.

Sec. 9. The said commissioners shall not sell or otherwise State indebt-

dispose of any State indebtedness, of the State of Illinois, ^'^'^f^^ ^°^^'®

1 • , '' • ,, . . ., ,, , ,. 'back not to

Which may come mto tneir possession, until they have applied be sold until

all the assets of the bank which can be made available for the other assets of

payment of debts, but shall hold and retain the said indebted- ^^t^^"^!^'"®

X' ^1 r • 1 -r • ^ C-, . r , i eshaustcd

nessior the purpose of indemnifying the State for the stock

she now holds in said bank; Provided, ih?.t nothing in thisg^^jg gl^.^]] b^

section contained shall be so construed as to prevent the State entitled to her

from obtaining her full dividend, in proportion to the stock '^'i^"-^"^^«n

she now holds, at the final settlement of said bank; And pro-^^^ ^^^^^

vided, also, that said commissioners shall not sell or dispose of

the evidences of State indebtedness below their par value.

Sec. 10. The said commissioners shall proceed, with all pos-Cona'rs to

sible despatch, to make a final settlement of the affairs of said ™/^^^/g"°^'|'jJ{

bank, and shall make monthly reports of their proceedings to Governor

BANKS.

the Governor, and the same shall be published in the paper
M .^^ published hy the public printer without charge; and said com-

a clerk missioners shall have power to appoint a clerk to Iheir board,

prescribe his duties and fix his compensation whenever the
public good may, in their opinion, demand such appointment.
Com'rsmay g ^ |j^ rpj^^ ^^jj Commissioners are hereby authorized to
retain 9110 uuu .

to defray ex- retam the sum of ten thousand dollars of cash in said bank, to

penses 6lc pay taxes on real estate, and to pay other necessary expenses
of winding up the said bank; and the per diem of said com-
missioners and clerk shall be considered a part of said neces-
sary expenses.
Penalty for Sec. 12. If any of the said commissioners shall embezzle
embezzling ^^^j of the effects or property of said bank, real or personal,
or shall render a false account of their proceedings, or shall
refuse to pay over monies in their hands to any person or per-
sons entitled to the same, such commissioner shall be adjudged
to be guilty of felony, and shall, upon conviction, be punished
by confinement in the penitentiary, for any term not exceed-
ing ten years.
Gov ma fill *^^^* ^^* "^^^ Governor may fill any vacancy which may
vacanies happen in the board of commissioners aforesaid, by death,

resignation or removal.
Att'y Gen'l Sec. 14. The Attorney General, circuit attorneys, and clerks
circuit att'ys of courts, and officers charged with the execution of process,
services^free'' shall, upon request of said commissioners or any one of them,
of charge render their services in all cases arising under this act, with-
out charge to tha State, as a part of their official duty; any
law to the contrary notwithstanding.

Sec. 15. This act to be in force from and after the third
day of March next.

Approved, February 25th, 1843.

In force, AN ACT to reduce the public debt one million of dollars, and to put the
Feb. 25, 1843, Bank of Illinois into liquidation.

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

may sell the represented in the General Assembly, That the Governor shall
the Bank of be authorised to negotiate a sale of the stock held by the State
Illinois in the *'Bank of Illinois" to said bank, upon the following

terms: that is to say, that the bank shall surrender to the Go-
vernor for the use of the State, as an equivalent for said slock,
an amount of the liabilities of the State equal on their face to
the sum of one million of dollars; one half of said amount to be
surrendered as aforesaid within five days after the passage of
this act, and the residue, with six per cent, interest thereon
from the date of sale, within twelve months after the passage
hereof.

Sec. 2. If the Governor shall sell the stock of the State, as
aforesaid, he shall, upon the receipt of the first half of the con-

BA.NE9. 31

sideration therefor, as aforesaid, assign to the bank for the Upon such
use of the private stockholders therein, one half of the stock of made h^e shall
the State in said institution, and an undivided half of all the make an as-
interest and right of the State in the chosesin action, moneys, sig"™^"'
and property of the bank, both real and personal, but the'resi-
due of said stock shall be subject to a lien in favor of the State
until the residue of the consideration therefor shall be fully
paid and discharged, and if the bank shall pay the residue of
said consideration at the time appointed in the preceding sec-
tion, then the said residue of the State stock, and all the rights
and interests of the State in the choses in action, moneys, and
property of the bank, both real and personal, shall be assigned
thereto by the Governor, as and for the use aforesaid, but if J[.!^^.^^",^°f
the bank shall fail to make payment as aforesaid, then the said to pay for the
residue of stock shall revert to and be held by the State in the stock Gcver-
same right in which it is now held, and in case of such reversion "Z^'" "^"^ ^®^^

the Stitne lo

it shall be the duty of the Governor thereupon to sell and as- any person

sign the same with all the right and interest of the State in and receive^

the property of the bank, both real and personal, and in its '^^ ^'?.^""^^'*

. ^ S ' . ' I -11 1 feiate JiabiJi-

choses in action, to any person or persons who will purchase ties

the same and pay therefor an amount in the liabilities of the

State equal on their face to the sum of five hundred thousand

dollars, and the purchaser or purchasers of said stock shall be

entitled to elect and have the three directors provided for on Ri„.hts ofthe

behalf of the State, in the third section of this act, who shall purchasers of

be elected by the said purchaser or purchasers of the said stock, ^^^^ stock &c

according to the usage of the bank in that respect; Provided^

that if the bank shall make default in paying the residue of the Forfeiture on

consideration for the stock of the State as aforesaid, the bank ^^e part of

shall forfeit to the State an amount of money equal to the in- cage o"fa/lure

terest upon five hundred thousand dollars for twelve months, to pay

at the rate of six per cent per annum, which shall be paid by

the bank to the State in addition to any dividends and profits

which the State may be entitled to under the provisions of

this act, upon the final settlement of its affairs.

Sec. 3. Upon the receipt of the first half of the considera-
tion for the stock o( the State as aforesaid, the directory of the j..
bank shall be reduced to eight in number, three of whom shall the bank re-
be appointed by. the Governor and senate, whose tenures of duced
office shall be the same as now provided bylaw, and five by
the private stockholders of the bank, according to usage in
that respect; Provided, that the directors on the part of the
Stcile shall be forever withdrawn from the bank upon full pay-
ment being made by the bank for the stock of the State as
aforesaid.

Sec 4. If the bank shall accept of the provisions of this act
under its corporate seal, within thirty days after the passage ^^^^ ^^
hereof, to be filed in the office of the Secretary of State, then into liquida-
and in that case it shall go into liquidation, and be finally tion
wound up according to the rules and regulations hereby es-
tablished.

BANKS.

Sec. 5. The Governor shall nominate, and by and with the
^.. advice and consent of the Senate, appoint a commissioner, to

Who shall
give bond

And take
oath

Compensa
tion

Governor to
appoint a

be styled "the Commissioner of the Bank of Illinois," who
shall be commissioned by the Governor, and, under his direc-
tion, shall enter into bond with approved security in the
penal sum of one hundred thousand dollars to the Governor,
for the use of all persons interested or to be interested, condi-
tioned for the faithful performance of the duties of his office ac-
cording to law, and who shall also before entering upon the
duties of his said office, be sworn faithfully and truly to perforn
the duties thereof, which oath shall be in writing, and be filed in
the office of Secretary of State; said commissioner shall receive
such compensation for services actually performed, not exceed-
ing three dollars per day, as may be allowed by the Governor,
and shall hold his office for two years unless sooner removed
by the Governor for good cause, to be reported to the next
Genera! Assembly, and in case of such removal, the Governor
shall have power to fill the vacancy by an appointment to
endure until the next succeeding session of the General
Assembly.

Sec. 6. The Bank of Illinois shall go into liquidation
within thirty days after the passage of this act, and, at the end
of that time, shall pay out all its specie on hand except fifteen
pay out all its thousand dollars; the said pavmentsof specie shall be made at
rata upon its the counter of the principal bank at Shawneetown,pro raia^
indebtedness that is, proportionably on all its liabilities and indebtedness,

except to whether of the prmcipal bank or branches except upon its

stocKDoldera .,,, ^iiii . i-^j

indebtedness to stockholders as the same may be presented

for payment, and shall annually thereafter pay out the specie

found on hand, except the fifteen thousand dollars reserved as

aforesaid, in manner aforesaid, including like payments upon

the certificates of balances hereinafter provided for, except

to stockholders as aforesaid; and the said bank shall make and

deliver certificates, signed by the president and cashier, to

each creditor for the residue of his debt after deducting the

payment in specie, from the whole amount of such debt, which

certificate shall be registered by the commissioner aforesaid,

in a book by him kept for that purpose; said certificates shall

Certificates be issued for such sums, not less than ten dollars, as will suit the

not to be less convenience of the creditors of the bank, and shall be received

Bank shall

And give cer
tificatea for
residua

than ten
dollars

in payment of any debt due or to become due to the bank,
and in payment for any real estate purchased or to be pur-
chased of the bank, and in redemption of any lands sold or to
be sold, and bought or to be bought by the bank on execu-
tion, but the bank shall not, directly or indirectly, purchase
any of the certificates issued under the provisions of this act.
Sec 7. The said bank shall not in future discount any note,
lend any money, buy or sell any bill of exchange, issue any
Bank herenf- paper for circulation or receive any deposiles, or do any other
^^'^ "bai k*n° ^^^ usually done by banks, but shall confine all its operations
business ^"° to winding up its aflairs, collecting and securing its debts,

BANKS. 33

paying the debts of the bank, selling its real and personal 0"\y to wind
estate, issuing the certificates for balances, provided for in"^ "^^^'^^''f
the sixth section of this act, and to renewing the notes of its^Jj^ renew its
debtors from time to lime, upon the payment of one-fifth part
each time, and to suing and being sued, in relation to all its For this pur-
dealings; for which purpose, and for no others whatever, the P°^p '•^^ c'.^-''^-
charter of said bank is continued for the term of four yf^^^^^edhuryeara^
from the fourth day of March, A. D. one thousand eight hun-
dred and forty-three; Provided, that if the said bank accepts P''*^^^^^
the provisions of this act the charter of the same shall be and ^^'^^^^^ ^^•
is hereby repealed at and upon the expiration of the said term four vears^'^
of four years from the fourth day of March as aforesaid.

Sec. 8. The aforesaid creditors of the bank shall, before Creditors to
they shall be entitled to receive the certificates aforesaid, de- j^^^^u^*" "P
liver up to the bank all notes and other evidences of debt held other pviden-
by them, and receipt for all judgments and other demands in ces of iudebt-
favor of such creditors against the said bank. edness

Sec. 9. The bank commissioner aforesaid shall superintend Powers and
the proceedings of said bank, and shall exercise due vigilance J,^^^^jVqJJpJ
over the proceedings of the same, and for that purpose he shall
have free access to the books, papers, vouchers, vaults, and
cash of said bank, and shall have power in prosecuting his
enquiries to administer an oath to the president, directors,
cashiers, tellers, clerks, and all other persons, and compel
them or either of them to testify in relation to the said bank,
or in relation to any matter or ^hing touching the proceedings
of its officers, affecting the interest of the State, the creditors
of the bank, or of the stockholders; and upon the refusal of
any of them to be sworn or testify, he shall have power to
issue his warrant to any sheriflT, and commit such president,
cashier, clerk, teller, or other person to the common jail of the
county, until he or they shall consent to be sworn or testify,
as the case may be; and if the said commisioner shall at any
time discover that any dishonest practices are countenanced
by said bank, or any of its officers, in the management of its
business, or that it is about to violate any provision of law, m^gg^o^neTin'
then the said commissioner shall immediately certify the fact case any of
to some justice of the Supreme Court, whose duty it shall there- t^^e provisions
upon be to issue an injunction against said bank, which shall abo^t^ fo*^b"^
be executed as in other cases, and made returnable to the violated
circuit court of Gallatin county, sitting as a court of chancery,
and shall be proceeded in as in other cases in chancery, ex-
cept that the said circuit court of Gallatin county, on the
chancery side thereof, shall always be and remain open to hear
causes arising under this act. The injunction to be issued
shall absolutely restrain the said bank and all officers and per-
sons connected with it from doing any act whatever in rela-
tion to the matter enjoined until the further order of the said judge to ap-
court. The judge who issued the injunction shall appoint a point a day
day for the hearing of the cause, not exceeding ten days after f""" ^^® Y^^'
the date of the writ, and he or any other judge may hold the}hln°ten day*

34 BANKS.

Hearing how court for that purpose. No depositions shall be required to
coudiicied ^^ taken, but witnesses may be sworn, and their evidences
heard in open court, and upon a hearing of the cause the
judge shall have power to alter, modify, or dissolve the injunc-
tion or make it perpetual; and if it shall appear that the bank
has violated any provisions of this act, or if it should mani-
festly anpear that the ere ditors or stockholders will be defraud-
ed, then the said court shall have power to decree a forfeiture
of the charter of the said bank.
If the bank 8ec. 10. If the Said bank shall forfeit its chaiter, as afore-
shull forieit gaid, it shall not thereby forfeit any of its personal effects;
reaflfc peTson - its lands shall not revert, nor shall it be released from any
ai estate shall liability, nor shall any person be released from liability to the
not thereby bank, nor shall any security for the payment of money, either
be orieite ^^ ^^ ^^^^ ^j_^^ bank, bc in any wise impaired or violated, but
the said court or judges shall appoint ttjree honest and capa-
ble men to act as the receivers ot said bank, wdio shall execute
bonds with approved security, conditioned for the faithful,
beTppointl'll true, and diligent performance of the duties of their appoint-
who shall give ment, and who shall take and subscribe the following oath:
bonds &- take uj jjjj solemnly swear (or affirm) that I will faithfully, truly,
**'^^ and diligently perform the duties of receiver of the bank of

Illinois;"' which bonds and oaths shall be filed in the office of
the Auditor of Public Accounts. Said receivers shall have
power and perform the duties of receivers, as in other cases,
dutieTorrl and shall proceed in the management of the affairs of said bank,
ceivers in collecting and paying its debts, in selling its real estate and

other property, according to such rules and regulations, not
inconsistent with law, as shall be made by such court or judge
in that behalf, except that the specie shall be paid out pro rata
to creditors; and in collecting the debts due the bank, the
debtor shall have the right to renew the evidence of his indebt-
ness, with security, upon the payment of one-fifth part of his
debt every seven months. The said receivers shall not sell any
real or personal property of the bank for less than two-thirds
of its appraised value, to be ascertained by the appraisal of
three householders, or a majority of them, on oath, to be ap-
pointed by the judge of the circuit court of the county where
the property may be situated; all payments to be made by the
receivers shall be made pro rata amongst the creditors, who,
upon giving up their demands to the receivers, shall receive a
certificate i'ov the residue of their claims, which certificate
shall be received as is provided in the sixth section of this act.
In what map. ^Ec. 11. The said bank, in collecting its debts, shall not
ner'debtsshall collect more than one-fifth part of the debt at anyone
be collected ^^^q of any debtor who will pay the said fifth part, and all
interest, wiiether the debt exist by judgment or otherwise, and
renew his note or other liability, with security, to be paid in
seven months; Provided^ that the bank shall not hereafter be
allowed to charge a greater rate of interest than six per cent,
per annum on the renewal of any note.

BANKS. 35

Ssc. 12. The real estate of said bank shall be appraised by ^^^''^^ <^sfate of

three householders, or a maioritv of them, on oath, to be ap-!''^ bank m

11 1 • 1 /•!•*• 1-1 A be appraised

pointed by the judge of the circuit court ot the county where and sold at its

the real estate may be situated; said roal estate, when so ap- ^PP^aised

praised, shall be subject to sale, and shall be sold whenever^

thereafter the appraised value shall be offered for the same; Keale?taie

the real estate of the said bank shall not be sold on execution ^lo^vsoJd

for less than two-thirds of its appraised value, to be ascertained

as aforesaid. No debtor of the bank shall be s;arnisheed bv ^^^^^."[^ "'^f

any holder of the certificates authorised to be issued to credi- "^

tors under the provisions of this act.

SecJ 13. The said bank shall be required to abolish all its Branches
branches, and the notes issued by said branches shall be paya- ^'^°^^^^^^*^
ble at the principal bank.

Sec. 14. If the bank shall fail to make full payment for the State to re-
stock of the State; and any part of the same shall revert to ^^f^^j.^ ^^^.,.
the State, and shall not be afterwards sold by the State, as dends if bank
herein provided for, it shall be the duty of said commissioner ^"^^^^ to make
to see that the State, as the holder of so much stock, shall ^^J,^^^^"' "^^
receive its jpro rata share of the dividends and profits of the
bank, if any there shall be, and also the amount of any forfeit-
ure which may accrue to the State under the provisions of this
act, upon the final settlement of its affairs.

Sec. 15. It shall be the duty of the Governor, upon the ^/'"^^^ ^''"^l"'''
receipt of any of the liabilities of the State, under the provis- of the bank
ions of this act, to cause the same to be registered by their 'o be register-
numbers, amounts, and dates, in the ofiice of Secretary of^^'^'^®^'^^^''
Statj, and shall then produce the same to be destroyed by fire
in the presence of the General Assembly, if the same be in
session, and if the General Assembly be not in session, to
cause the same to be destroyed in like manner in the pre-
sence of the Auditor and Treasurer, and make report of his act-
ings and doings in the premises to the next General Assembly.

Sec. 16. The certificate to be issued under the provisions Form of certl-
of this act shall be in the following form: "This certificate for ^^^^te

dollars and cents, will at all times be received

by the Bank of Illinois in payment of any debt due the bank,
and for any property which the bank may have for sale, and
in redemption of any lands sold or to be sold under execution
by the bank, and will also entitle the bearer to his due propor-
tion of all dividends which may be made to the creditors of the
banl<. President.

Cashier,'"'

Sec. 17. If the bank shall accept of the foregoing provisions Actio puttee
of thisact, and shall eointo liquidation as aforesaid, then and in ?'!" k°.',vio
that Ccise the provisions ot an act entitled "an act to put the bank tionsuspen-
of Illinois into liquidation," shall be suspended for and during ded
the term of four years from and after the fourth day of March,
A. 13. one thousand eight hundred and forty-three, and no
longer, and for the purpose of enabling the bank to signify

BANKS.

such acceptance and to go into liquidation as aforesaid, the
operation of the provisions of the act, the title of which is above
recited, fchall be and the same are hereby suspended for the
period of thirty days from and after the passage hereof.
Approved, February 25th, 1843.

Specie in
Bank of Ills
not liable to
execution

In force, AN ACT in relation to the specie in the Bank of Illinois at Shawneetown.
Mar. 4, lb43.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That no execution against
the president, directors, and company of the Bank of Illinois,
commonly called the Shawneetown Bank, or against said bank
shall be levied upon any of the specie of the bank , utdess the
officers of said bank shall refuse, for an unreasonable length
of time, to pay out its specie pro rata to its creditors, accord-
ing to the provisions of ^'an act to reduce the public debt one
million of dollars, and to put the Bank of Illinois into liquida-
dation," approved the twenty-fifth day of February, one thou-
sand eight hundred and forty-three. Said specie shall be exempt
from any and all executions now in existence, or hereafter to
issue against said bank, upon the terms and conditions afore-
said, any law of this State to the contrary notwithstanding.

Approved, March 4th, 1843.

In force,
Mar. 4, 1843.

Cairo Bank
charter re-
pealed

Property of,
vest in com'r

Gov. to ap-
point com'r

His oath

AN ACT to repeal the the charter of the Bank of Cairo.

Sec 1. Be it enacted by the People of the State of Illinois^ repre-
sented in the General Assembly, That all the provisions of an
act entiiled '»an act to incorporate the city and Bank of
Cairo," approved January 9th, 1818, which grant to certain
persons therein named and to others who may become stock-
holders in the Bank of Cairo, the privilege of banking and
issuing notes as a currency, are and the same are hereby re-
pealed.

Sec. 2. All the property, real and personal, and the choses
in action of said bank, shall vest, by virtue of this act, in one
commissioner or trustee, to be appointed in the manner here-
after provided for.

Sec. 3. The Governor shall, by and with the advice and
consent of the Senate, appoint one commissioner who shall
be commissioned by the Governor, to be called the Commis-
sioner of the Bank of Cairo, and who shall, before he enters
upon the discharge of the duties of his office, take and sub-
scribe the following oath or affirmation: *'I do solemnly swear
(or affirm) that I am in no wise interested in the Bank of Cairo
either as a creditor, debtor or stockholder, and that I will
truly and faithfully perform all th i duties of my office of Bank
Commissioner of the Bank of Cairo, according to law and ac-

BANKS.

cording to the best of my ability;" which oath or affirmation
shall be filed with the Secretary of State.

Sec. 4. The said commissioner shall also be required, before Com'r to give

he enters upon the performance of the duties of his office, to
enter into bond to the Governor of the State, and to his suc-
cessors in office, for the use of any person now, or who may
hereafter become interested, in the sum of twenty thousand
dollars each, with good security to be approved by the Go-
vernor, and to be filed in the office of the Secretary of State;
the said bond shall be conditioned for the faithful perform-
ance of duty by said commissioner, and to render a just and
true account of his actings and doings in his said office, and to
pay over all moneys which may appear to be due to any per-
son or persons, whether creditors or stockholders of said
bank.

Sec. 5. If the said commissioner shall embezzle any of the Penalty for
effiL'Cts or property of said bank, or shall render a false account embezzling
of his proceedings, or shall refuse to pay over any moneys in'"° ^
his hands to any person or persons entitled to the same, such
commissioner shall be adjudged to be guilty of felony; and
shall, upon conviction, be punished by confinement in the pen-
itentiary for a term not exceeding ten years.

Sec 6. Said commissioner shall, immediately after his ap- Powers and
pointment, proceed to Kaskaskia and take possession of the^".^^^^°^*^°"*"
goods, chattels, rights, credits, effects, cash, and bank bills of
said bank, wheresoever the same may be found; and shall
also take possession of the banking house of said bank, in the
said town of Kaskaskia; and if the said commissioner should
be obstructed by any person or persons in the performance of
the duties required to be performed by him, by virtue of this
act, he shall call to his aid any sheriff, coroner, or constable,
of the respective county, whose duty it shall be, if necessary,
to call upon the power of the county to aid the said officers
in the performance of their duty.

Sec. 7. If any person or persons shall wilfully obstruct the Penahy for
commissioner in the performance of his duty, or obstruct any obstructing
of the officers called to his aid under the provisions of this act,
or shall embezzle any of the goods, chattels, effects, cash, or
bank bills of said bank, or remove or secrete the same for the
purpose of placing them beyond the control of the said com-
missioner, he or they shall be liable to be indicted, and upcn
conviction, shall be imprisoned in the penitentiary for a term
not exceeding ten years.

Sec. 8. The said commissioner shall have power to inquire Special pow-
into the state and condition of said bank, by summoning,
attaching, and swearing witnesses, and by sending for per-
sons and papers, and requiring the production of the same by
attachment; and if any of the directors, officers, or agents of
said bank, or other person shall refuse, without justifiable
cause, to appear and testify when thereto required as afore-
said, such directors, officers, agents, or other, persons, shall be

38 . BANKS.

indictable; and upon conviction, shall be fined in any sum not
less than one thousand dollars, and be imprisoned in the county
jail for ci term not less than one month.

Sec. 9. The said bank shall not be released from any lia-
bilities to creditors, nor shall its real estate revert, nor shall
any person be released from liability to said bank, nor shall
any security for the payment of money or for the perform-
ance of any other matter to or by the bank, or any otlier per-
son, be impaired by any thing contained m this act; the said
commissioner shall sue and be sued by the name and style of
the Commissioners of the Bank of Cairo, in all cases where
the said bank might have sued or might have been sued, and
he shall proceed to collect the debts due said bank, and sell
the real estate belonging thereto, under such restrictions and
regulations as are hereafter provided for; debtors shall hf.ve
a right to renew their notes, whether the same shall be re-
duced to judgment or otherwise, by paying one-fifth paj-t of
the sum now due or owing, with interests and costs, if nny,
and giving good security for the residue every seven months.
Com'r to tako Sec, 10. The said commissioner shall take an account of
account of any specie that may be on hand, and of the amount due to
sp^cio j^^^g holders and depositors, and to other creditors, except

_ stockholders on account of stock, and shall proceed to nay

Fay out spe- ^ . ^ , ,. . . .i r' i

ciepro rata ^"^ specie to such creditors, pro rala^ at the counter ot the
bank, as fast as such demands shall be presented for payment.

Issue certifi- and shall issue certificates, not bearing interest, for the resi-

resfdue^^ ^^^ due of the debts, upon the delivery of the notes as a receipt
against such other demand; the certificates aforesaid shall be
received in payment of any debt due the bank, and in pny-
ment for any real estate sold by said commissioner, and siiall
entitle the holder to receive his proportionable share of any
dividend that may be declared by said commissioner.

Shall sell the ^pc. 11. The Said commissioner, in selling the real estate
of said bank, shall not sell any of the same for less than two-
thirds of its value, to be ascertained by the appraisal of three
householders, under oath, to be appointed by the judge ot" the
circuit court of the county where such real estate may be sit-
uated, nor shall any of the real estate of said bank be sold on
CKecution or otherwise, for less than two-thirds of its value, to
be ascertained in like manner.

Shall enquire Sec. 12, The said commissioner shall make a thorough

into the man- examination into the mode and manner in which the suid

ner the bank i i i i i^ -, a- j t i j-

has been con- ^^^'^ ^^'^s been managed by its otlicers, and li lie discovers

<lncted that any of the officers of said bank, or any of their ngeiits,

have, in any manner, violated the penal laws of this Stat(N he
shall cause them to be indicted and to be brought to punish-
ment, and said commissioner shall proceed, with all possille
despatch to make a finrj settlement of the affairs of said bank,
and shall make monthly reports of his proceedings to the Go-
vernor, who shall cause them to be published by the public
printer, if he deems it necessary.

Sec. 13. The said commissioner shall receive the sum of

BANKS. BANK PAPER. 39

three dollars per day, for his services, the number of days to His coiupen-
be ascertained by affidavit of said commissioner, and allowed ^^'^°"
by the Governor, said salary to be paid out of the assets of
said bank.

Approved, March 4th, 1843.

AN ACT to prohibit the reception of depreciated paper in payment of pub- In force,

lie dnes. Feb. 23, 1843.

Sec. I. Be il enacted hy ilte People of the State of i/^^'^o ^ Notes of State
represented in the General Assembly^ That so much of all Bank & Bank
laws heretofore enacted, and now in force, as makes the notes ^^ IHinois not
of the Bank of the State of Illinois, and the Bank of Illinois, j,^,,^ ^f
and the branches of said banks, receivable inpayment of public dues
school, college and seminary debts, and interest, and in pay-
ment of the State and county revenue of this State, shall be
and the same aro hereby repealed.

Sec. 2. No warrants hereafter to be issued by the Auditor Auditnrswar-
of Public Accounts, shall bear interest, but they shall be j'^"'? not to
drawn upon the Treasurer of State and made payable to the
person or persons in whose favor they may be drawn.

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

Approved, February 23d, 1843.

AN ACT authorizing the School Commissioner of La Salle count3' to dig- In force,
pose of depreciated bank notes belonging to the school fund. Mar. 3, 1843>

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That the school commis-gchool com'r
sioner of La Salle county is hereby authorized, and it is hereby of La Salle

made his dutv, to present the bills of the State Bank of HH-co to dispose

. . , . " ^ .' I • 1 I 1 .1 I .. c'f certain de-

nois m his possession, which have been reported to the county preciated pa-
commissioners' court as bcloniiing to the school fund of said per
county, and the several townships of said county, at the coun-
ter of said bank, and receive ihe pro rata share of specie due
from said bank on the same, and the balance in certificates of
indebtedness, such as the bank is authorized to issue, for bal-
ances due on her circulation.

Sec. 2. The school commissioner shall, after he has received Also of cer-

the certificates of indebtedness from said bank, dispose ofthe^ .°^\^Vc'"

11-1 • I II I i-r 1 r I ceivedofbtate

same at the highest price that shall be oiiered lor the same Bank

during one month after such certificates shall have been ad-
vertised for sale four weeks, in the newspaper printed at the
county seat of the aforesaid county.

Sec. 3. The provisions of the above act shall apply as well Also ofdepre-
to the county commissioners of said county in the disposal of P^^'^'^ paper

1 -1 .1 X J j^i I 1 311 county

depreciated paper in the county treasury, as to the school treasury
commissioner.

40 BANK PAPER. BONDS.

Sec. 4. Depreciated paper of the banks shall be disposed
of in like manner, as provided in the case of the certihcates
of the State Bank of Illinois.
Proceeds how Sec. 5. The proceeds of the depreciated bank paper in the
applied county treasury shall be applied by the county commissioners,

and paid out pro rata on all county orders presented to the
county clerk, or for interest due on or before the first day of
June, one thousand eight hundred and forty-three, any law
to the contrary notwithstanding.
Approved, March 3d, 1843.

tn force, AN ACT to authorize the School Commissioners of Schuyler and Christian
Mar. 4, 1843. counties to dispose of any depreciated bank paper in their possession.

Sec. 1. Be it enacted by the People of the State of Illinois
School com'rs represented in the General Assembly^ That the school commis-
of Schuyler siouers of Christian and Schuyler counties, be and are hereby
hnstian authorized to loan, on the best terms in their power, any note
dispose of de- or notes of the State Bank of Illinois or the Bank of Illinois,
preciated which they may have received inpayment of any debt or
funds debts due the principal school fund of any township in said

counties; Provided^ however ^ that nothing herein contained
shal! authorize the loaning of said notes by the officer afore-
said at a greater discount than fifty per cent.
Approved, March 4th, 1843.

In force, AN ACT in relation to official bonds.

Jan. 28, 1843.

Sec 1. Be it enacted by the People of the State of Illinois^
Judge of cir- represented in the General Assembly, That it shall be the duty
qiiired^to'^exa" ^'^^^^ presiding judge of the circuit court of each county in
ir.ine bonds of this State at every term of said circuit court, on the first day
sheriffcnro- of the term, in open court to examine and enquire into the
ner c er sufficiency of the official bonds of the sheriti", coroner, and
clerk of the circuit court, and if it shall appear that any one
or more of the securities on the official bond ol any such sheriflf,
coroner, or clerk of the circuit court, has or have removed
from the county, died or become insolvent, an order shall be
entered of record, requiring such sheriff, coroner, or clerk of
New bond the circuit court, to file in the office of the clerk of the circuit
when filed court a new bond to be approved of and recorded as is now
required h'j law, unless the number and pecuniary abilities of
other securities on the bond shall be such as to satisfy the
judge that the bond is sufficient, notwithstanding one or more
Exception ^^ ^.j^^ securities may have removed, died, or become insol-
vent, or of doubtful solvency, in which ca^^e the bond in ques-
tion may, in the discretion of said judge, be held to be
sufficient.

BONDS.

Sec. 2. It shall be the duty of the county commissioners' County com'rs
court at the regular June and December terms of said court, ^""e officLT
in each year, on the first day of the term, in open court, to bonds of other
examine and enquire into the sufficiency of the official bond of co. officers
each probate justice of the peace, justice of the peace, consta-
ble, collector, county treasurer, recorder, and clerk of the
county commissioners' court, and if it shall appear that any
one or more of the securities on the official bond of any such
probate justice of the peace, justice of the peace, constable,
collector, county treasurer, recorder, or clerk of the county
commissioners' court, has or have removed from the county,
died, or become insolvent, or of doubtful solvency, the said
court shall cause such probate justice, justice of the
peace, constable, collector, county treasurer, recorder. Officer may be
or clerk of the county commissioners' court to be summoned pun^^oned to
to appear before said court on a day fixed therein to show ^^y ^ ^g^
cause why he should not be required to give a new bond with bond should
security; and if at the appointed time, he should fail to satisfy "*^^ ^^ ^^^^
the court as to the sufficiency of the present security, an order Failing to
shall be entered of record requiring such probate justice of the show cause an
peace, justice of the peace, constable, collector, county trea- [J[^j^ requir-
surer, recorder, and clerk of the county commissioners' court, ing new bond
to file in the office of the clerk of the county commissioners' ^o be filed m
court, within thirty days, a new bond to be approved of as is ^^^
now required by law, unless the number and pecuniary ability
of other securities on the bond shall be such as to satisfy the
court that the bond is sufficient, notwithstanding one or more
of the securities on said bond may be removed, dead, or insol-
vent, or of doubtful solvency ;^in which case the bond in ques- ^^'^P ^
tion may, in the discretion of the court, be held to be
sufficient.

Sec 3. It shall be the duty of each probate justice of the Probate jus-
peace, at two terms in each year, to be holden on the first JJ^^^g^l^^jJ^jg of
Mondays in January and July, on the first day of the term, in executors se-
open court, to examine and enquire into the sufficiency of the mi-annually
official bond of each executor, administrator, guardian, and
of any other official bond that may be filed in his office, and if
it shall appear that any one or more of the securities on the
official bond of any such execulor, administrator, guardian, or In what cases
other officer, has or have removed from the county, died, orgu^'mone5 to
become insolvent, or of doubtful solvency, the said probate show cause
justice shall cause such executor, administrator, guardian, or why he should
other officer, to be summoned to appear before him on a day ^°Jjj ^ "^^
to be named in said summons, to show cause why he should
not be required to give a new bond with security, and if atp^iiing to
the appointed time he should fail to satisfy such probate jus- show cause
tice of the sufficiency of the present security, an order shrtU be order to be^
made on the records of the probate justice of the peace re- ™jjg the filing
quiring such executor, administrator, guardian, or other of a new bond
officer, to file in the office of the probate justice a new
bond, to be approved as is now required by law, unless the

BONDS.

Exception number and pecuniary ability of other securities on the bond
shall be such as to satisfy the court that [the j bond is sufficient,
• notwithstandin<^ one or more of the securities on said bond
may be removed, dead, or insolvent, in which case the bond in
question may, in \,he discretion of the court, be held to be
sufficient.
Persons inte- Sec. 4. Any person having any pecuniary interest in the
rested may sufficiency ofthe official bondofany of the officers hereinbefore
ciency of ' na^fied may appear at the prescribed time and place, and shall
bond with of- be allowed to introduce any evidence legally conducing to
ficers prove the removal, death, or insolvency, or doubtful solven-

cy of any security on such official bond, and the officer inter-
ested, or any of his securities, may also appear and introduce
any evidence legally conducing to establish the sufficiency of
such official bond.
Courts requi- ^Ec. 5. It shall be the duty of the respective courts above
red to make a named to enter upon their respective records, at the times

1.^^^^'i^. J !:^^ hereinbefore prescribed for an examination, that an examina-
examination . r_ ^ , ' ,t« • i i i

of bonds tion and enquiry mto the suiriciency oi the omcial bonds,

within their cognizance has been made, and that they sever-
ally are deemed sufficient or insufficient, as the facts may
justify.
Officer failing Sec. 6. If any officer hereinbefore enumerated shall fail lo
to file bond file a new bond within the prescribed time, when an order of
J^^"^^^ "the appropriate court entered of record shall require the filing
of such new bond, the officer in default shall be deemed and
Vacancy how^^'^ ^^ have vacated his office, and the same steps shall be
filled taken to fill such vacancy thus created as are now taken to fill

a vacancy by the death or resignation of such officer.
Approved, January 128 i,h, 1843.

In force -A-N ACT to provide for taking up, registering, and cancelling of State
Mar. 2 1843. bonds and other evidences of State indebtedness.

Sec. 1. Be it enacted by the People of the State of Illinois
Gov to re- represented in the General Assembly^ That the Governor be
ceive certain and he is hereby, and it is madea part of his duty to demand
State bonds of and receive from all persons, bodies corporate or politic,
such bonds as may have been placed in his or their possession
for sale or other purposes, or which by any means may have
come into their possession and remain unsold and not disposed
of, and also to demand of and receive from all agents, State
officers, bodiescorporate or politic, or other persons, all bonds,
scrip, or other evidences of State indebtedness which may
have come into his or their hands in pursuance of any sale of
any property, transfer, exchange, return, redemption, liqui-
dation, or in any other manner by which the State may be
entitled to the possession of the same.

BONDS. 43

Sec. 2. That when any bonds may be received by the Go- Gov. to cause
vernor as contemplated in the first section of this act, which ^g"jg^g|.°jl^^
have not been filled up, signed, and disposed of, he shall cause cancelled
the same to be filed in the office of Secretary of State;
and when any bonds, scrip, or other evidence of State indebt-
edness may come into the possession of the Governor, or has here-
tofore come into his possession which have been sold or otherwise
disposed of, he shall carefully cause the same to be registered
in a book to be kept by the Secretary of State for that purpose,
by their date, number, amount, to whom made payable, and
by whom and to whom sold, and shall cause the word cancelled
to be written across their face; and also, cause the same to be
cancelled, stamped and filed in the office of the Secretary of
State, and shall report the amount and description thereof at
the commencement of the next session of the General As-
sembly thereafter. This act to be in force from and after its
passage.

Approved, March 2d, 1843.

AN ACT ia relation to State bonds and other evidences of State indebt- [n force,

edness. Mar. 3, 1843.

Sec 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly^ That all persons who Certain State
now have, or shall hereafter have in their possession anyj^j"J^j.g^j^®
State bonds, or any other evidences of State indebtedness. Governor
in':luding blank bonds which have not been issued, or
which have been issued and not been sold, or which have
been sold and subsequently taken up, or which may here-
after be redeemed or taken up on behalf of the State, are
hereby authorized and required to deliver over the same as
soon as practicable to the Governor.

Sec. 2. It shall be the duty of the Governor, before the re- Gov. shall
ceipt of any of the aforesaid bonds or other evidences of State ^ause them to
indebtedness, to cause the same to be registered by their num- and'^desu-o^yed
bers, dates, and amounts, in the office of the Secretary of
State, and he shall then produce the same and destroy them
by fire in the presence of the Auditor and Treasurer, and
make report thereof to the present General Assembly, if in
sessioa, and if notin session, then to the next General Assem-
h\y.

Sec 3. If any person, having in his possession any State
bonds or other evidence of State indebtedness, shall, with- J^^JJ^Jj^jJJJy
out authority of law, sell, or put in circulation the same, with putting State
intent to defraud the State or any person or persons, he shall bonds &c. into
be deemed guilty of felony, and on conviction thereof before ^^'"*^" ^'^°"
a court of competent jurisdiction, shall be imprisoned in the
penitentiary for a term not less than one year nor more than
ten years.

Approved, March 3d, 1843.

BRIDGES.

In force, AN ACT to authorize the county court of Lawrence county to build a
Feb. 3, 1843. stone pier under the bridge across the Embarrass river, at the town of
Lawrenceville.

Sec. 1 . Be it enacted by the People of the State of Illinois^
LsLwrence CO . represented in the General Assembly^ That the county com-
authorised to missioners"' court of Lawrence county be and they are hereby
pier ^" ^ authorized to cause to be erected and built a good and sub-
stantial stone pier under the bridge across the Embarrass
river, at the town of Lawrenceville.

Sec 2. Said commissioners shall agree upon a plan for said
Plan of pier P^®^ ^"^ cause the same to be recorded, they shall cause a
to be publish- correct and true description in writing of the plan of building
said pier to be posted up in the clerk's office of said county,
at least thirty days previous to letting any contract for the
building of said pier; and shall cause written notices to be
posted up in at least six of the most public places in the county,
for a period of not less than one month before entering into
Building let to c^^'^t'*^*^^ ^"^"^ t^^ materials or building of said pier, stating
lowest bidder therei* that they will let to the lowest responsible bidder, at
the court house in said town, on a day to be agreed upon by
them, contracts for the delivery of the necessary materials;
also, contracts for the mason work of said pier; Provided^ that
in making contracts said commissioners shall take a bond pay-
able to the county of Lawrence, with good and sufficient secu-
rity for the faithful performance of such contracts by the
person or persons who may undertake the same, and within
such time as may be agreed upon; And provided further ^ that
in no case shall the commissioners make any payment to any
person engaged in the said work, which shall exceed two-
thirds of the value of work then performed, until the contract
shall be completed and received by the commissioners; And
provided fur the?, that in the construction of said pier, it shall
be so located as to leave the channel of said river, on at least
one side of said pier, as much as forty-five feet in width, and
that said commissioners shall cause the same to be kept free
from drift wood and other obstructions for the iree passage of
flat or keel boats and other water craft.
Approved, February 3d, 1843.

Proviso

Further pro
viso

Channel 45
feet wide to
be left open

In ^'^®» AN ACT supplementary to "an act authorizing Henry W. Cleaveland to
ttih. 3d, lo43. build a bridge across the Winnebago swamp."

Former act
how con-
strued

Sec. L Be it enacted by the People of the State of Illinois ^
represented in the General Assembly, That nothing contained
in the act approved February the nmeteenth, one thousand
eight hundred and thirty-nine, authorizing Henry W. Cleave-
land to build a toll bridge across the Winnebago swamp, shall
not be so construed as to compel the said Cleaveland, his
associates, &c., to use timber or stone in the erection of the

BRIDGES. 45

causeway across the Winnebago swamp only at such place or
places where it is absolutely necessary.

Sec. 2. And it is further provided, that said Cleaveland.Modeofas-
his associates, &;c., may procure one disinterested householder ^^'■^'''^"^"?
of the county of Lee, in which said bridge and causeway is bridU^VcoiR.
situated, to examine the same, and the county commissioners pleied accor-
one, and the two so chosen shall choose a third, and if in their '^^'^s to law
opinion the said bridge and causeway is completed according
to the intent and meaning of the act authorizing the same as
explained in the first section of this act, they shall file an affi-
davit thereof, in the clerk's ofiice of the county of Lee, which
shall be satisfactory evidence thereof until the contrary ap-
pears. This act to be in force from and after its passage.

Approved, February 3d, 1S43.

AN ACT authorising the construction of a toll bridge across Rock river. Jn force,

Feb. 6, 1843.
Sec. L Be it enacted hy the People of the Slate of Illinois^

represented in the General Assembly^ That Solomon Jenks,^.

Alvan Leland, John J. Rhodes, their associates, heirs, and build bridge

assigns, are hereby authorised to build a toll bridge across Rock

river, in the county of Winnebago, and State of Illinois, at or Location

near the northern line of township number forty-five north, and

range number two east of the third principal meridian: said Bridge not to

bridge to be so constructed as not to obstruct the navigation ."^^'/"^^ "^^*

/. o I • is:ati(jn of

oi Kock river. ^\^,^^

Sec. 2. The rates of toll for passing over said bridge shall Rates of toll
be such as may be fixed from time to time by the county com- fixed by co.
missioners' court of Winnebago county. comr's court

Sec. 3. Said bridge shall be completed within three years Completed in
from and after the passage of this act, and shall at all times be three years &,
kept in ojood repair, so as to admit of a safe passage for all ^^P\^" S^o^
persons and their property over it, on the payment of the toll
herein provided for.

Sec 4. In case said bridge shall be destroyed by high water, Desiruction
fire, or other casualty, it shall not create a forfeiture of the ^J high water
rights conferred by this act, but one year shall be allowed fo^" fo° fe^ureTof^
the re-building thereof after the happening of ^uch casualties, rights

Sec 5. The county commissioners of Winnebago county
shall be and they are hereby authorised to purchase said bridge County may
by paying the cost thereof and six per cent, interest thereon, P".[^[''^^^®
at any time within five years from the completion of said "' ^
bridge, and at any time thereafter, by paying to the stock- . . ^j^^
holders of said bridge the appraised value thereof; said value
to be determined by three appraisers appointed, one by the
stockholders and two by the the county commissioners of Win-
nebago county, whose decision, after being duly sworn faith-
fully to discharge the duties of appraisers, shall be final in the
premises.

Sec 6. This act to be in force from and sfter its passage.

Approved, February 6th, 1843.

46 BRIDGES.

In force, AN ACT authorising the erection of a bridge across Rock river.

Feb. 20, 184.3.

Sec. 1. Be it enacted hy the People of the State of Illinois^
represented in the General Assembly^ That Stephen Mack,
Location of Merrill E. Mack, and their associates, are hereby authorised
bridge ^^ build a bridge across Rock river at Stephen Mack's ferry,

in the county of Winnebago, and State of Illinois, and faid
bridge when completed and approved by the county com-
missioners of Winnebago county, is hereby declared a
public highway, and shall be kept in good repair by the said
county commissioners of Winnebago counfy.
Bridge not to Sec. '2. Said bridge to be so constructed as not to obstruct
-atio^^ """''' ^^'<^ navigation of said river. This act to take effect from and
after its passage.

Approved, February 20, IS43.

In force, AN ACT to authorise (he county commissioners of Rock Island county
Feb. 23, 1843. to build a free bridge across Rock river.

Sec. 1. Be it enacted hy the People of the State of lllinciSi

Co com'rsof ^^p^'^^^^^^^ 171 the General Assembly, That the county com-

Eock Ishind missioners of Rock Island county be and they are hereby

CO. may build authorised to construct and build a free bridge across Rock

acros^s Rock ^^^^^" '^^ »omc suitable place within four miles of its termina-

river tion, which bridge shall at all times be free to all persons for

the usual purposes of crossing, and the conveyance of all kinds

of property across said river; Provided, said bridge shall be

built with draws, or otherwise constructed so that at no time it

shall obstructor impede the navigation of the said river, and

that the county of Rock Island shall be held responsible fbr any

and all damages that any person or persons may sustain in the

construction of said bridge, or may sustain in consequence

thereof, at any time after its completion; which damages may

be recovered in any court having competent jurisdiction.

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

Approved, February 23, 1S43.

In force, AN ACT in relation to the bridge across Shoal Crock, in Clinton county.
Feb. 23,1843.

Sec. 1, Be it enacted by the People of the State of Illinois^
Bridge over represented in the General Assembly, That the bridge across
Shonl creek Shoal crcck, in Clinton county, on the Great Western Mail
made a free ' route leading from Vincennes to St. Louis, shall be free for the
bridge passage of all persons and property, saving and reserving all

rights which any person or persons may have in the materials
of which said bridge is composed.

Sec. 2. Any person or persons, corporation or com.pany
who shall ask, demand, or receive any money or other things

BRIDGES. 47

for the passage of any person or propertv over the same,

under any pretence whatever, shall forfeit for every such jjg^,^^/,J-„"; ^^

request, demand, or receipt of money or other things, to the receivitij; ''tull

person of whom asked, demanded, or received, the sum of '^f>'" crossing

twenty dollars, to be sued for and recovered before any justice ^ '^ ^^'"^

of the peace, of an}'' county in this State, with cost of suit, by

action of debt.

Approved, February 23, 1843.

AN ACT nuthorising the erection of a bridge across Rock river, at jp force

^''c'^^^"'- Feb. 27, 1843.

Sec. 1. Be ic enacted by the People of the State of Illinois,
i^epresented in the Genei^al Assembly^ That Daniel S. Haight,
George Haskell, S. D.Preston, Charles J. Horsman, and their Ry^^l^riyer"^^
associates, be and are hereby authorised to build a bridge
across Rock river, at Rockford, in the county of Winnebago,
at or near where the State road through Rockford crosses
Rock river.

Sec. 2. Said bridge to be built in a good and workman-like Not to ob-
manner, and so constructed as not to obstruct the navigation sj''"ct naviga-
of Rock river, and when completed and accepted by the ^'°"
county commissioners of Winnebago county, to be declared a
public highway, and kept in repair by said county.

ArpRovED, February 27, iS43.

AN ACT authorising the building of a bridge across Rock river. In force,

Mar. 1, 184 3.

Sec. 1. Be it enacted by the People of the State of Plinois,
represented in the General Assembly^ That John F. Thayer, J -I^- Thaver
Thomas B. Talcott, John B. Peeterson, and their associates, ^^"l^^^^j^^^""
be and are hereby authorised to build a bridge across Rock build bridge
river, at or near the eastern line of the north-western quarter "cross Rock
of section number twenty-four, in township number forty-six, "^^''
north of the third principal meridian, in the county of Win-
nebago.

Sec. 2. Said bridge shall be so constructed as not to ob- j^t^^ ^^ o^.
struct the navigation of Rock river, and when completed and struct naviga-
accepted by the county commissioners of Winnebago county,"*^"
is hereby declared a public highway and shall be kept in
repair by said county.

Approved, March 1st, 1813.

AN ACT to authorize the building of a bridge over the Pekatonica river In force,

in Stephenson county. Mar. I 1843.

Sec. 1. Be it enacted by the People of the Slate of Illinois,
represented in the General Assembly, That Robert McConnell,

48 BRIDGES.

R. McConnel his associates, and their assigns, are hereby authorized to build
anthorised to ^.^jj bridge acfoss the Pekatonica river, at or near the town
over the Pek- of Pennsylvania, in the county ot otepnenson; rrovidea^ said
atonica river bridge shall not interfere with the navigation of said river.

Sec. 2. The said bridge shall be begun and completed
To be com- within three years from and after the passage of this act; and
three years shall be constructed in a ^ood and substantial manner so as to
admit a safe and easy passage to all persons and their property
wishing to cross said bridge.
The builder Sec. 3. After said bridge shall be completed, the said Ro-
shall be al- bert McConnell, his associates, and their assigns are hereby
ceivesuchToll^^^^^''^^^*^ to ask and receive from each and every person
as the county passing said bridge, such toll as the county commissioners'
com'rs shall court of said county shall fix from time to time.
~^ Sec. 4. When the county commissioners' court of thecounty

mLssione^rs™' of Stephenson deem it expedient to purchase said bridge,
way purchase they shall have the right to do so, by paying to the said
bridge Robert McConnell, his associates, and their assigns the cost of

said bridge, with six per cent; Proinded, however^ that after
five years from the building of said bridge, the county com-
missioners' court shall have the privilege of purchasing said
bridge by paying the value thereof ; which value shall be ascer-
tained by the valuation of three disinterested appraisers to be
Value how as- appointed as follows: the county commissioners' court shall
certained appoint one, and Robert McConnell, his associates, and their
assigns shall choose a second, and the two so chosen ehall
choose a third, and the men so chosen, after being sworn faith-
fully and impartially to appraise said bridge, shall value the

Bridge may same.

be re-built if g g rjr^^ -^^ ^^ j^ ^^.j^ gj^^H y^^ destroyed by

destroyed by , . , ,, , i • i n r

accident high water, nre, or other casualty, it shall not create a for-
feiture of the rights conferred by this act, but one year shall
be allowed for the recreation thereof after the happening of
Penalty for ^\xq\)_ destruction by any of the casualties named.
bnd"e"^ ^^c» ^' If any person or persons shall wilfully do or cause

to be done any injury to said biidge, the person or persons so
offending shall forfeit and pay to the owner or owners of said
bridge double the amount of such injury or damage, to t e
recovered before any court having jurisdiction, and be liable
as in other cases to criminal prosecution.
Approved, March 1st, 1843.

In force,
March 3, 1843 AN ACT to incorporate the Rock River Bridge company.

Sec. 1. Be il enacted by the People of the State of Illinois f

represented in the General Assembly^ That all such persons as

Rock river shall become subscribers to the slock hereinafter mentioned,

corpm-at^ed"' ^^'^^^ ^® ^^^ ^^^^Y ^^^ hereby constituted and declared a body

corporate and politic by the name and style of the Rock

BRIDGSS. 4.9

River Bridge Company, for the purpose of erecting abridge
over Rock river, at Grand deTour in the couLitj of Ogle, and
by that name and style are hereby made as capable inlaw as na-
tural persons to contract and be contracted with, to sue and be General pow-
sued, to plead and be impleaded in all courts of law and equity, era
to make and use a common seal, to alter or amend the same at
pleasure, and generally to do and execute all acts, matters
and things which a body corporate or politic, or an individual
could or may lawfully do, and the said company shall, in law,
be capable of purchasing, holding, and conveying any estate,
real or personal, which may be necessary to enable such
company to carry out the expressed objects of this corpora-
tion and none others; the chartered existence of said corpora-
tion shall cease at the expiration of twenty years from the
passage of this act, and the stock thereof shall be deemed and
considered personal property.'

Slc. 2. The capital stock of said company shall be ten Capital stock
thousand dollars, and be divided into shares of fifty dollars
each, but said stock may hereafter be increased to any amount
not exceeding twenty thousand dollars, should the said stock-
holders deem the said sum necessary to be by them expended
in and about the erection of said bridge; and Solon Cumins,
George Cushing and Salmon C. Cotton, of Ogle county, are
hereby appointed commissioners to cause books for sub-
scription to be opened at such times and places as the said
commissioners, or a majority of them, may appoint by notice
to be published at least four vi^eeks in a newspaper printed at
or nearest the place of opening said books of subscription. If the

requisite number of shares shall not be subscribed at the time „

1 I • i J r ! 1 • J.- • 1 • • now tauea

and places appointed ior such subscription, said commission-
ers, or a majority of them, shall take such measures for com-
pleting said subscription as they may deem expedient and
proper. Every subscriber shall, at the time of subscribing, pay
to said commissioners the sum of one dollar for each share
subscribed, and the remainder in such sums and at such times
as the board of directors hereafter created shall think will best
promote the interest of said company.

Sec. 3. As soon as one hall of the capital stock shall be
subscribed, the con;imissioners, or.a majority of them, shall give p,_
notice to the stockholders in the manner aforesaid, to meet °^^*
for the purpose of choosing a president, treasurer, and three
directors, who shall hold their offices for one year from the first
Monday in the month in which such election shall be held, or
until their successors shall be appointed; and all subsequent
elections shall be held annually, on the first ?vIonday of the
month in which the first election under this act shall be held,
and at all elections held under this act, each chare shall be en-
titled to one vote. The commissioners appointed to receive
5ubscrip<-ions to stock, or a majority of them, shall act as in-
spectors of the first election to be held under this act, and their
4

BRIDGES.

river not ob
structed

Bridge how
constructed

certificate of the names of persons elected shall be conclusive
evidence of such election; and at all subsequent elections the
president, treasurer and directors, or a majority of them, shall
Their powers iict as inspectors, and the said president, treasurer and direc- I
and duties tors, or a majority of them, shall have power to transact the
business of the corporation, and to make such by-laws, rules
and regulations as they shall deem expedient and proper for
conducting the affairs of the corporation; Provided, the same
be not repugnant to the constitution of the United States, and
in conformity to the spirit of this act.
Navigation of Sec. 4. Said corporation, in the erection of said bridge,
shall construct the same in such a manner as not to obstruct
the navigation of said river, and shall commence the same
within two years from the passage of this act, and finish the
same within two years thereafter, or all the rights and privi-
leges hereby granted shall be forfeited.

Sec. 5. The said bridge shall he constructed in a substan-
tial and \vorkman-like manner, and shall be kept in a good
passable condition, so as to give a safe passage to all persons
with their property over the same without unnecessary delay,
upon the payment of the lawful toll, and if the said bridge
shall be suffered to be out of repair so that the same shall be
impassable for the space of sixty days at any one time, the rights
and privileges hereby granted shall be forfeited; Provided^ that
the destruction of said bridge or any part thereof, by fire, high
water, or other casualty, shall not work a forfeiture of this
charter, of [if] the said company shall proceed immediately
to repair said bridge and prosecute the same to completion
without unnecessary delay.

Sec 6. Whenever the said bridge shall be completed, it
may take lots shall be lawful for said corporation to erect a gate at the end
of said bridnre and demand and receive the same rates of toll
as is now allowed by the county commissioners' court of Ogle
county, to the ferry established by said court, at Grand de
Tour; Provided^ that all persons, citizens of Ogle county, in
going to or returning from any muster or election, and all
grand and petit jurors in going to and returning from courts,
shall have a right and be permitted to cross said bridge free
of toll.

Sec 7. If any person or persons shall wilfully or mali-
ciously do, or cause to be done, any act whatsoever, whereby
the said bridge, or any thing appertaining to the same, shall be
impaired, injured, or destroyed, the said person or persons so
offending shall forfeit and pay to the said corporation treble
the amount of damages occasioned thereby, to be recovered
by said corporation with costs of suit, in an action of trespass
in any court having competent jurisdiction thereof.

Sec. 8. At any time after the completion of said bridge the
Tour or Ogle corporate authorities of Grand de Tour, or the county com-
county may missioners' court of Ogle county, shall have the right to pur-
bridge chase said bridge by making the same free to all persons

Corporation

Penalty for

injuring

bridge

Corporation
of Grand de

BRIDGES. 51

crossing the same, and paying to said corporation the cost of
said bridge, and for the purpose of ascertaining the same the
treasurer of said company shall keep a just and true account
of all expenditures on account of said bridge and file a copy
of the same, verified by oath, in the office of the clerk of the
county commissioners' court of Ogle county, within three
months after the erection of a gate or the reception of any
toll for crossing said bridge.
Approved, March 3d, 1843.

AN ACT to authorise the County Commissioners of Stephenson counfy to In force,

assess the rates of toll on a certain bridge therein named. Mar. 4, 1843.

Sec. 1. Be it enacted hy the People of the State of Illinois^
represented in the General Assembly, That the owners of co. com'rs to
the bridge at the town of Winslow, in Stephenson county, are fix the rate of
hereby authorised to ask and receive from all persons passing ^""j^^.j^^°®'
said bridge, such toll as the county commissioners' court of ^
said county may order from time to time; the said commis-
sioners are hereby authorised to assess such rates of toll upon
said bridge as may be reasonable and just.

Sec 2. Whenever the county commissioners of said coun- Co. com'rs
ty shall deem it expedient to purchase said bridge and '^ake^^Jf".^^'^^^
it free, they shall have the privilege to do so upon paying to
the owners thereof the value of said bridge, to be ascertained
by the valuation of three disinterested appraisers, to be ap-
pointed by said court, who shall be sworn to a faithful and im-
partial discharge of their duties as such appraisers.

Sec. 3. If any person or persons shall wilfully do or cause Penalty for
to be done, any injury to said bridge, the person or persons so "iju"ng
offending shall forfeit and pay to the owners of said bridge " ^^
double the amount of such injury, to be recovered before any
court having jurisdiction of the same.

Sec. 4. The said bridge shall be deemed a public high Bridge made
way v;ithin the meaning of the laws providing for the punish- ^ Public high-
ment of injury, obstructing, or destroying public bridges, in^ ^
any manner, or by any means whatever. This act to be in
force from and after its passage.

Approved, March 4th, 1843.

AN ACT authorising the erection of a bridge over the Sangamon river. In force,

Mar. 3, 1843.
Sec. 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly , That James F. Reed is Reed authori-
hereby authorised to build the west abutment, and to finish ^«d to bmld a
the pier and the east abutment of the railroad bridge at James- ^ijgn *
town, across the Sangamon river, and that he be also permitted
|0 spring abridge on that part of said abutments, pier, or piers,

52 BRIDGES.

as was inlfcnded for a free pass, by act of the Legislature,
'•creating the system of Internal Improvement," and that
portion of said abutments, and pier or piers, so finished by
Cost of fl(ns!i-said Reed, intended for raih'oad purposes, the cost of finishing
iug &c. by Reed to be paid to said Reed by any company chartered

to finish the Northern Cross RaUroad; Provided^ that the bridge
so constructed shall not in any case interfere with the rail-
road crossing said Sangamon river.
To be capri- Sec. 2. The Said bridge is to be made of good materials
bio ot bearing j^y-{|. -j^ g^ workman-like manner, and to be capable of bearing
' ° '^ " any wagon, carriage, or other weight usually crossed on bridges
of the tirst class in this State, and after the said bridge is com-
purchase plcted the citizens of the neighborhood on both sides of said
bridge, shall have liberty to purchase of said Reed so much of
the work done on the abutments, pier, or piers, by him, and
the bridge spring over the same, at the cost of finishing by
Ten per cent. Reed, ten per cent, excepted, which the said Reed will dis-
discount to count to purchasers, to have it a free bridge. If the citizens
huve a free ^^,yj ^^^ ^^^ g^^- j bridge, then the county cr>mmissioners of
^ Sangamon county shall have the same privilege to purchase

and the same discount as above. If they will not buy, then the
said Reed will continue it a free bridge for one year from the

„ . completion thereof: Provided, thai in all cases the said Reed

Proviso , ,.^ , , • • . ^ I .1

shall use the abutments, pier or piers, constructed or partly

constructed by him, for supports for the construction of water
ater power p^^yg^^ which the said Reed shall use for his own benefit; Pro-
vided., it will not injure any person or persons above said

bridee. If the citizens or county commissioners will not pur-
Co. corn's to , ° . , , ■ , 1 II u • J r*.
regulate toll chase said bridge, and one year will have expired, alter com-

fioads to be pletion, then the county commissioners of Sangamon county
located ^^-jj p^gL^i^te the toll from time to time of said bridge, as they

may think just, and after the bridge is completed, the said
county commissioners shall have located and kept open good
roads to intersect, on the east side of said bridge, with the
Bloomington road, also with the Mechanicsburg and iJeca-
Road located tur road, and on the west side there shall be a good road locat-
ed to intersect the Springfield and Decatur road at some suit-
able point, so as to do as little injury to property as possible;
Provided., however.^ that nothing in this act contained shall be
No drm to be so construed as to authorise said Reei to construct any dam at
erected ^.-^^^ point or above it, which shall at all elevate the water

above its present level at low water mark, at the coal-
bank ford, until after abridge shall be erected at or near said
coal-bank ford. This act to be in force from and after its
passage.

Approved, March 4th, 1843.

In force ^.N ACT to authorise the building of a bridge across the Sangamon river

Mar. 4, 1843. ^^^ \^ j^q h enacted by the People of the State of Illinois,

represented in the General Assembly, That it shall be the duty

BRIDGES. BURYING GROUNDS. 53

of the county commissioners* court of Sangamon county to9°* ^om'rs of
cause to be erected across the Sangamon river, in said coun-Jj^*J|llj"^"^°'
ty, on the abutments nowstanding, at or near the point where b.idge over
the road leading from Springfield to Peoria crosses said river, s^^gaaion
a good and substantial bridge, to be used by the public free of"^^*"
charge.

Sec. 3. That Elijah lies and Levi Cantrill, of said county, Agents ap-
are hereby appointed agents to carry into effect the first sec- P°"'^^'.' ^^V
tion of this act, whose duty it shall be to contract with some section of
responsible person or persons immediately, to build a bridge tbia act into
across the Sangamon river as aforesaid; said bridge to be com-
pleted withm twelve months from the date of the contract,
and shall be paid for in the follow^ing manner, to wit; one
thousand dollars in four months, one thousand dollars in twelve
months, from the date oi the contract, or so much sooner as
said bridge shall be completed, and the balance at such
time as the county commissioners' court shall deem best for
the interest of the county. It is further made the duty of said
agents, to take bond with good and sufficient security, for the /

faithful performance of the contract, and with a penalty suf-
ficient to secure the completion of the work.

Sec. 3. It shall be the duty of the county commissioners 1st & 2d in-
court to cause to be collected, in any manner they mav think f'^^™^"5?

now D'liti

best, by loan or otherwise, the sum of two thousand dollars,
"which was donated to said county out of the sale of the Ver-
milion salines, for the improvement of the navigation of the
Sangamon river, to aid in carrying into effect the first section
of this act, and for paying the first and second instalments on
said bridge, as provided for in the second section of this act.

Sec. 4. If either of the agents, or both, appointed under ^"•^?^'''^ ^^
the second section of this act, shall fail to act, it shall be the "^^^j*g^",j ^Jj^g^
duty of the county commissioners' court to appoint another Uie agents
person or persons immediately, who shall forthwith enter ^^^^'" ?^P"
upon the duties of his or their office. The agents appointed f^gg ^^ j^^j"*
by this act, or by the court under the provisions of this act,
shall receive for their services such compensation as the coun-
ty commissioners' court may think reasonable and just. This
act to take effect and be in force from and after its passage.

Approved, March 4th, 1843.

AN ACT in relation to burying grounds, church yard?, and lands used by I" force,

literary institutions. Mar. 2, 1843".

Sec. 1. Be it enacted by the People of the State of Illinois, Certain lands
represented in the General Assembly^ That it shall be the duty to be exempr
of societies and corporations owning, using, and appropriating ^^^'^ iasatio»
lands, not exceeding ten acres, for burying grounds, church
grounds, and grounds for the use of literary institutionsy to
cause to be certified to the countj commissioners' court of the
proper county, by some credible person under oath, a full

54 CANAL AND CANAL LANDS.

description ofthe lands by meets and bounds, in whom the title
is, and for what purpose and use the land is held; and if it
shall appear to said court that such land is not subject to taxa-
tion according to the revenue laws of this State, then that part
shall be certified bj said court to the Auditor of Public Ac-
counts, and the land shall remain exempt from taxation so
long as it continues to be used exclusively for the purposes
aforesaid.

Approved, March 2d, 1843.

In force, AN A(^T to provide Tor the completion ofthe Illinois and Michigan Canal,
Feb. 21, 1843. and for the payment of the Canal debt.

Preamble Wfiereas, it has been represented that certain holders ofthe
bonds of this State are willing to advance the necessary
funds for the completion of the Illinois and Michigan Canal,
upon being secured the payment of their said advances and
oi their said bonds, by a vested lien upon the said canal, lands
and revenues; for the purpose, therefore, of accomplishing
an object so desirable and beneficial to the said bond holders
and the State:
Gov. authori- Sec. 1. Be it enacted by the People of the State of Illinois,
sed to rego- represented in the General Assembly, That for the purpose of

tiatealoanof ^. . p , ^ ^, ... ^ r i.\ in- • j ii/i- u*

$1,600,000 on^^ismg a lund lor the completion oi the llhnois and IMicnigan
credit of ca- Canal, the Governor of this State be and hereby is fully autho-
nal &c. rized and empowered to negotiate a loan solely on the credit

and pledge of the said canal, its tolls, revenues, and lands, to be
granted to trustees, as hereinafter provided,of one million six
hundred thousand dollars for a term not exceeding six years, and
at a rate ofinterest not exceeding six per cent, per annum, paya-
ble out ofthe first moneys to be realized from the said canal, its
lands, tolls, and revenues; the payment of interest and reim-
bursement of principal to be at such place within or without
the United States, and payable in such currency, as may be
agreed on.
Who are en- '^^^' '^- The holders of canal bonds and other evidences of
tilled first to indebtedness of this State, issued for the purpose of aiding in
fiubfecnbe for ^|^g construction ofthe Illinois and Michisjan Canal, or here-
and take loan /.^ , i . i r i j t ' i

after to be issued lor work done, per centage, scaleage or

damages, shall be first entitled to subscribe in proportion to
the amount of bonds or other indebtedness held by them, and
jj'Jjgj^j^ saVa '^*^® ^^^ whole of the said loan; but if within a reasonable
loan time, to be determined by the Governor, any ofthe said hold-

ers of canal bonds or indebtedness shall neglect or refuse to
Not tJiken by subscribe as aforesaid, the whole of the said loan may besub-
inay be* t!!ke^n ^c'''^^^ ^^^' ^"^ taken by other holders of canal bonds or in-
by any other debtcdncss; but if within a reasonable time, to be determined
persons upon by the Governor, the holders of the said canal bonds or

other evidences of indebtedness aforesaid, shall not subscribe

CANAL AND CANAL LANDS. 55

for and take the whole of the said loan, then and in that case,

any other person or persons, body politic or corporate shall

be entitled to subscribe for and take so much of the said loan

as may remain unsubscribed for by the said holders of bonds

or other evidences of debt aforesaid.

^ Sec. 3. After the said loan shall be subscribed for as afore- ^^'^'''^ °uv"u'

said, there shall be appointed three discreet persons to consti-^^j^

tutc a board, to be known by the style and description of the

"Board of Trustees of the Illinois and Michigan Canal;" one ^

- , . , I II 1 • I I 1 Fi i' 1 • *^ov. to ap-

of tae said trustees shall be appomted by the orovernor oi this point one and

State, and the other two shall be elected or appointed by the subscribers
subscribers to the said loan, or the holders of the certificates i"'"^^ ^^^^
authorized by this act, in manner and form as hereinafter
mentioned. Whenever any vacancy shall occur in the said Vacancy how
board of trustees, either by death or resignation, or from any filled
other cause, said vacancy shall be filled by the Governor or
holders of said certificates, to whom belonged the appoint-
ment of the trustees whose seat shall have become vacant as
the case may be.

Sec. 4. The first election of trustees, by the subscribers to Time «& place
said loan under this act, shall be held at the canal office at of electing
Lockport, at such time as the Governor of this State shall g^"{j^g^^^g^
appoint, under the direction of one of the judges of the Su'
preme Court of this State, who is hereby appointed inspector
of the first election, and the two persons then elected as trus-
tees by the said subscribers, and the person appointed trus- -pg^jj^ ^^ ^g^g
tec by the Governor, shall hold their oftices for two years from of trustees
the lime of their said election or appointment and until others
are elected.

Sec. 5. Subsequent elections shall beheld every two years Subsequent
at such time and place, and under the direction of such P^i'" con(ju°c"ted "'^
sons as a majority of the trustees for the time being, shall, by
resolution, to be entered on their minutes appoint, and the
shall hold their offices for two years and until others are elected
in their stead.

Sec. 6. At the election of trustees under this act each stock- Number of

holder shall be entitled to one vote for each and every one ^^^J^^jJ^jj^p^^ *
thousand dollars of stock held by him, and in all elections
votes may be given in person or by proxy.

Sec 7. All elections shall be by ballot, and the two who Elections to
shall have the greatest number of votes shall be the two trus- ^ y a ot
tees duly elected by the said subscribers or holders of said
certificates. At all such elections, the said subscribers or hold-
ers of said certificates, shall designate upon their ballots one
of the persons voted for as president; and the person having
the greatest number of votes as trustee and president, shall be "resuent
one of the said trustees and president of said board.

Sec. 8. The said board of trustees of the Illinois and Mich- Powers and
igan Canal, when duly appointed and elected as aforesaid, ^"^^^^ of
. shall apportion their respective duties among themselves, and
so far as is not incompatible with this act, shall possess all the

56 CANAL AND CANAL LANDS.

pov/ers and perform all the duties conferred upon the Board of
Commissioners of the Illinois and Michigan Canal by the act
Trustees to entitled "an act for the construe! ion of the Illinois and Mich-
take oaihtmdigan Canal," approved January ninth, eighteen hundred and
give bond thirty-six,and theacts supplementary and am.endatory thereto,
and shall take an oath or affirmation, and give bonds with
security for the faithful discharge of the duties imposed upon
them by this act.
pi8po9uionto Se^. 9. If the holders of any of the said canal bonds or
bonds &c. other evidences oi mdebtedness issued lor the purpose oi aid-
when holders ing in the construction of the Illinois and Michigan Canal,
become sub- g|^jjj| become subscribers for the said loan or any part thereof,

scriDGVs lor j x '

said loan ^hey shall, at the time of subscribing, file or cause to be filed
with the Governor, a brief description of said bonds, or other
evidences of indebtedness aforesaid owned by them, which
description shall be deposited by the Governor in the office of
Auditor of Public Accounts, in order that the evidences
maybe preserved to discriminate the holders who subscribed
for the said loan and to identify the said bonds or other evi-
dences of indebtedness aforesaid, that may in consequence be
entitled to a priority of payment out of property and assets
granted to the board of trustees as hereinafter provided.
Camvlandca- s^c. jQ. For the purpose of placing in the hands of trustees
f'nint'ed to ^^^^ '^^^^ ample security for the payment of said loan author-
"nistecs as pe- ized by this act, and the interest thereon, as well as for secu-
curity for theping -^ preference in the payment of such of the canal bonds
sauUoan^and ^'^^ Other evidences of indebtedness issued by this State for
the bonds &c. the purpose of aiding in the construction of the Illinois and
^^^^^'I'^y t^'^ Michigan Canal as m.ay be owned by the subscribers to the
said loan'' ''^^^ loan, the IState does hereby irrevocably grant to the >aid
board of trustees of the Illinois and Michigan Canal the bed
of the said Illinois and Michigan Canal, and the land over
which the same passes, including its banks, margins, tow-
paths, feeder*!, basins, right of way, locks, dams, water
^ power, structures, stone excavated and stone and materi-

als quarried, purchased, procured or collected for its construc-
tion; and all the property, right, title and interest of the State,
of, in, and to the said canal, with all the hereditaments and
appurtenances thereunto belonging, or in any wise appertain-
ing, and also all the remaining lands and lots belonging to the
said can.'l fund, or which hereafter may be given, granted, or
donated by the General Government to the Stale, loaid in the

Canallanda construction of the said canal and the buildinas and erections
and lots here- , , . ,,10., .1 • . i i • 1 1 ^ r.

tofore sold belonging to the btate thereon situated; the said board ot trus-

exerapted tees to have, hold, possess and enjoy the same as fully andasab-
from stud solutclv in all respects, as the State now can or hereafter could
do, for the uses, purposes and trusts hereinafter n»entioned;
but it is to be understood that all canal lands and lots hereto-
fore sold by the board of commissioners upon which moneys
are now due, or may hereafter become due, whether the said
lands and lots be now for/eited or relinquished, or hereafter
become forfeited or relinquished, shall be exempt from the

CANAL AND CANAL LANDS. 57

aforesaid provisions of this act, and the trustee herein pro-
vided to be appointed bj the Governor, or any other officer, or
officers, having the management of the affairs of the canal,
until said trustee be appointed on the part of the State, is Accounts due
hereby authorized and required to settle all accounts due to contr.ictors &
contractors and others (except for such damages as are here-°^5^^''^^°^
inaftcr provided for) by issuing certificates of indebtedness,
which, together with the certificates of indebtedness, scrip,
and acceptances heretofore issued by the said canal com-
missioners, shall be received by said trustee, or other offi-
cer or officers aforesaid in payment for said lots and lands
whenever they may be presented for that purpose. The said
lands and lots hereby reserved shall, within three months
after the passage of this act, be appropriated as is provided
in the thirteenth section of this act, and sold in accordance
with the laws of this State regulating the sale of canal lands. Subscribers to
Sec. 11. The subscribers to the said loan shall execute an enter into a-
agreement to and with the Governor of this State to pay theg'^^^^^^^"^
amount respectively subscribed to the said board of trustees, at
such times and in such proportions as said trustees shall direct. Terms of a-
and said agreement shall specify the manner in which said trus- greemen t
tees shall give notice to the said subscriber of every call for a
payment; Provided, ihnt in case any subscriber under the pro- J'?,''^^^'y® °^
Visions 01 this act shall lail, neglect, or reiuse to pay any instalment
instalment at the time called for by said trustees, he shall for-
feit all payments previously made and all benefits and advan-
tages arising under the provisions cf this act; Provided, how-
ever, that the said trustees shall be bound to make a call for
at least one hundred thousand dollars per quarter for the first
year after their appointment. Certificate to

Sec. 12. Whenever and as often as the said subscribers to^'^'^,^"^,,^^
,, . T 1 I 11 1 r J' r I • stocknoJders

the said loan shall make a payment or any portion or their

subscriptions, in pursuance of a call of the said trustees, the

said board oftrustees by their president and secretary under the

seal of said board, shall execute a certificate to each of the said Nature of

subscribers for the amount paid by them on their respective

subscriptions with one year's interest at the rate of six per

cent, added to the principal, stipulating for the payment of

the same within six years, with interest at the rate of six per

cent, per annum, to be computed after one year from the date p . . ,

of said certificate, and to be paid semi annually thereafter: j^"JJ.pg^'^}^Q^

the said principal and interest to be paid by the said trustees paid

out of the first moneys to be realized by them/rom the Illinois

and Michigan Canal, its assets, revenues, tolls, and lands

granted to the said trustees by this act, which said certificate

shall also be countersigned by the Governor, and the impress

of the great seal of the State shall be affixed thereon by the

Secretary of State. Trustees to

Sec. 13. The said board of trustees wheri appointed are pyoceed to

hereby authorized to take possession of the said canal, lands, ^"^f^'^^^j^^^"

property, and assets, granted to them by this act, and proceed

to complete the same. They are hereby authorized to make

58 CANAL AND CANAL LANDS.

such changes and alterations of the original plan of said canal

as they may deem advisable, without reducing its present

capacity, or materially changing its present location, having

No lots, &c. due regard to economy, permanency of the work, and an

to be sold till adequate supply of water at all seasons. None of the lots,

three months j^nds or water powers so aranted to the said trustees

after the coin- ,,,, ,, mi i r ^ i» n ^

pletion of ca- shall be sold until three months atter the completion ot the

nal said canal; the said lots, lands and water powers shall then be

offered for sale by the said trustees at public auction, in lots
Bo°dat°public^'^^ legal sub-divisions once or oftener in each year for the
auction four succeeding years; said sales to be made for cash or on

Termsof sale credit in the manner prescribed in the act of the ninth of Jan-
uary, eighteen hundred and thirty-six. The said lands, lots an^l
Appraisment water power before they are offered for sale as aforesaid, shalt
of property be appraised by three disinterested persons, to ba appointed
to be sold j^y. ^fjg judge ot the circuit in which said lands, lots and water
power are situated, who shall take an oath faithfully and im-
partially to discharge the duty of appraisers. Said lands, lots
and water power, when so appraised, shall not be sold for less

After four \\^iii^ the appraisement. After the expiiation of the said four
years trustees . ^r. r r • i i j

may sell lands years, th(; said trustees shall expose the residue ot said lands,

at discretion which may remain on hand to sale at such times and in such
mannir as they may deem proper. The said board of trustees
thorised^o"" ^''^ authorized to convey lands and water powers sold by them
execute con- as aforesaid, after the purchase for the same be fully paid, but
veyances not before; and the said lands and lots shall be exempt from
taxation of every description by and under the authority of
Water power any law of this State until after the same shall have been sold
not to be di- and conveyed by the said trustees as aforesaid; Provided, also^
canal land? ^^^^ ^^ ^^^ construction of the said canal no change shall be
made in its location so as to direct the water power from canal
Provision for lands; Provided, that in all cases where improvements were
nersons who made upon the said canal lands or lots previous to the first day of
improvements ^^'^''"^''y' eighteen hundred and forty-three, the owner of such
on canal improvements shall be entitled to purchase the said lands or
lands JQi^g Qn which said improvements are situated at an appraise-

ment to be made as aforesaid without reference to said im-
provements.
Canal when Sec. 14. The said trustees shall proceed to the completion
comp]e7ed° '^ ^^ ^^^ ^^^^ canal in a good, substantial, and workman-Hke
manner, so that the same shall, if practicable, be ready for use
Trustees re- and navigation within two years and six months from the time

quired to ^his act goes into operation. The said trustees shall keep a

keep account . . r n j \ ^ c i\ i.\ j. i j*x

of their trans- J^^**' ^^'' ^"" accurate account ot all the costs and expenditures

actions of Completing and superintending the said canal, and of the

Shall report to '^^"ts, issues, revenues and profits received by them from the said

Governor canal, and from the property granted to them by this act, and

In case of of the amounts received by them under the said loan, and shall

failure to com annually make a report to the Governor, in manner and form

plete canal in specified in the forty-third section of the said act of January

&c.^^t? rever!^''^^^' eighteen hundred and thirty -six; Provided, Xh^i in

to State case the subscribers, under the provisions of this act, shall fail

CANAL AND CANAL LANDS. 50^

or neglect to complete the said canal, within three years after
this act goes into operation, then and in such case, tlie lands
and property hereby granted to said trustees shall revert to the
State.

Sec, 15. The said board of trustees shall annually establish Trustees to
a tariff of tolls to be paid for transportation upon said canal, establish
(but the Legislature hereby reserves the right to increase the"^*'^^ ^^
tolls with a view to an increase of revenue, but shall not re-
duce the same without the consent of the trustees,) and are
hereby fully authorised and empowered to collect the same,
and from time to time to make, ordain and establish such
reasonable rules, by-laws, and regulations in relation to the R"l»^s,by-
collection of tolls, the transportation upon the canal, the con-
duct of boats and rafts, and the general police of the said canal,
as are usual, or may be found necessary, and to enforce the
observance of the same; and that said canal, when completed,
shall in all future time be free for the transportation of the
troops of the United States and their munitions of war, with-
out the payment of any toll whatever.

Sec. 16. After the completion of the said canal as aforesaid. Annual divid-
the said board of trustees shall make annual dividends of the ^"^^^^''®**®"
moneys which shall come to their hands from the said canal,
its assets, tolls, revenues, and lands granted to the said trustees
by this act, after payment of incidental expenses, among the
holders of the bonds of this State, in the following order: first,
the said board of trustees shall annually make a pro rata divi-^jg^g ^( ^gj..
dend on payment of said moneys on the certificates given totificatea
the subscribers, to the loan authorised by this act, until said
certificates and interest thereon are fully paid. Second, the Second, to
said trustees shall then make annual dividends and payments ^"1^?^?^^"/^
of said money upon the interest due upon the bonds, and other ing thf» hold-
evidences of indebtedness held by the subscribers to the said ers of bonds
loan, a description whereof shall have becLi filed with the Go-*^°*
vernor, as provided in the ninth Feclion of this act, until the Third, to the
interest thereon is fully paid. Third, the said trustees shall non-subscri-
then make annual dividends and payments of said money upon oj'j^^ljd i"
the interest due to the non-subscribing holders of bonds, or payment of
other evidences of canal indebtedness. Fourth, after paying interest
all interest due such non-subscribing bond holders, the said ^o"'"'.^' J° ^^**
trustees shall make annual dividends joro j'ala upon the pnnci-^^Jj^Jj^'J^jg
pal of the bonds and other evidences of canal indebtedness, &c.
held by the subscribers to said loan, as provided for by the
ninth section of this act, until the same shall be liquidated, at
which time the trust hereby created shall cease, and the canal
shall revert to the State, with all the appurtenances thereunto Upon pay-
belonging; Provided, that the certificates of canal indebted- "^^n^ of all
ness, not stipulating on their face for the payment of interest, j.^^^^^ ^'^g^^^g
shtill, when registered by subscribers to said loan, as hereinbe-
fore provided, bear an interest of six per centum per annum, Imerest al-
from and after they shall be so registered; Provided, fi^rther,\^^'l^^^^f^'
that no appraisal shall be made for any damages arising under cates

60 CANAL AND CANAL LANDS.

No appraisal the provisions of any contract entered into in pursuance of
to be raade for ,^^^ ^^j. ^| construction of the Illinois and Michigan Canal,
any daniages , , . i > ^ • i ii

unless the unlcss the contractor or contractors interested therein, shall

contractor first signify his or their consent in writing, (which writing shall
reHr'uish'^ be deposited with the appraisers, to be filed in the Auditor's
prospective office,) that such appraisal of damages siiall be made without
damages , allowing any prospective damages, or any profits which said

contractor or contractors might have made, had they finished
^°J'''*^^^°''s their jobs; but such contractor or contractors shall be allowed
the v^lue^o^t ^^® value of their machinery upon the canal at the time the
their ma- work stopped, and back per centage and scaleage, which
chinery &,c. entire amount of damages so allowed, to all contractors, shall

not exceed the sum of two hundred and thirty thousand

dollars.
Gov. to ap- Sec. 17. The Governor is hereby authorised and empow-
L°rri«^^i!!!LVc,ured to appoint three discreet and skilful persons to i(o on to

bcrb lo assess I'li,. ■ i • . .' i

daraageg of the jobs and lettings upon the canal, and appraise the actual
contractors damage which the respective contractors upon the said canal
will sustain in beingdeprived of the same. Said appraisal shall
Appeal al- be final and conclusive, unless appealed from. That if any
person shall consider himself aggrieved by the decision of said
appraisers, he may appeal from the same at any time within
thirty days, to the circuit court of the county in which the job
oy. to issue go aporaised is situated. U the Governor shall be satisfied
amount of ap- that the appraisal is fair and honest, he shall issue certificates
praisement of canal indebtedness, bearing interest at six per cent., to the
persons in whose favor the appraisal shall be made, for the
Present con- amount; the holders of which certificates shall be entitled to all
take ^he si'ime ^^^ privileges conferred by this act upon the other holders of
job at en^i. canal indebtedness; and the present contractors of the Illinois
neer's esti- and Michigan Canal shall have the right to take the contract
for the jobs which they now hold, at the estimate of the engi-
neer to be appointed by said trustees, under such regulations
and provisions as the said trustees shall direct.
Time when Sec. 18. This act shall go into effect, and the said canal
take^effet\^ property and assets shall vest in the said trustees, as hereinbe-
fore granted, whenever and as soon as the full amount of the
said loan shall be subscribed for, and the trustees elected as
hereinbefore provided; and when this act goes into effect, so
r'^^a- .•„ much of the acts heretofore passed by the Legislature of this
laws repealed »5>tatc in relation to the Illinois and Michigan Canal, and the
canal lands and property, as conflicts with the provisions of
this act, are hereby repealed.
Upon fulfil- Sec. 19. Whenever the trust created by this act shall have
ment of trust been fully executed and performed by the said trustees, the
ty toreverTw'^^^^^'^"''^' '^"^ the canal property that may then remain, shall re-
state vert to the State; ami the State hereby reserves the right of pay-
ing off the bonds and certificates to be paid to the said trustees,
and the incidental expenses paid by them, and the interest
thereon; and the said trustees shall then resign the said canal,
and the remaining canal property and assets to the State.

CANAL AND CANAL LANDS.

Sec. 20. This act shall be a public act, and shall be liber- |aith of the
ally construed in all courts of justice, and the State herebjj^J'Yu^pPj^ ^'lg_
solemnly pledges its faith to supply, by future legislation, all fectsin this
such defects as may be found necessary to enable the said^^^
trustees to carry into full effect the fair and obvious intent of
this act.

Sec. 21. If, in consequence of any defect, omission, or ob-So"^^ holders
jection to the foregoing act, the said bond holders or other ^j^i^jj^^ j^'^g^jj.
persons shall neglect or refuse to subscribe for the said loan; scribe for said
in that case, the Governor is hereby authorised to negotiate, ^°^^V^^^'°^'
and enter into a contract with the said bondholders, or other ^.q^j^j.^^.^
persons, in pursuance of the general principles of this act;
Provided, ilmt he shall make no further pledge of the faith or ^'■0^'^^°
credit of the State, for any advance of money, but shall be
limited to pledging the canal and canal property therefor;
jind provided further, that in any negotiations to be made un-
der the provisions of this act, for the purpose of carrying them
intojeffect, nothing shall be done which shall in any wise inter-
fere with the rights now secured to the holders of canal bonds.
The Governor is hereby vested with all such power as may be Powers vested
necessary to carry this act into operation, or to make, or cause ^^ Governor
to be made, such negotiation.

Sec. 22. The said trustees shall employ a chief engineer ^^^^^^°P'

• - n6cr to DG'

of known and established character, for experience and integ- emp.oyed

rity, who shall be subject to the direction of the trustees, bat
shall be required to execute a bond to the Governor in the To give bond
sum often thousand dollars, to be approved by him, for the
faithful performance of all the duties of an engineer, and shall
be subject to be removed by the Governor for any good rea-
sons wi'ich he shall make known to the next General Assem-
bly. The said engineer shall, in addition, be required to take To take oath
an oath, "that he will faithfully and impartially perform all
the duties of his office without respect to persons, and that
he is neither interested, nor will be interested in any job,
work, or contract?, let or to be let on the canal, or connected
therewith," which oath shall be entered and subscribed on the
bond of said engineer.

Approved, February 21st, 1S43.

AN ACT to authorise the canal commissioners to pay the back per ceu:age In force,

on section 187.' Feb. 24, 1843.

Sec 1. Be it enacted ly the People of the State of Illinois, c (inn] com'rs
represented in the General Assembly, That the board of canal required to
commissioners are hereby authorised and required to pay ^^ l^^^i^^^^^^^
George W. and WilHam E. Armstrong, all the fifteen per certain work
centum retained by said canal commissioners for work done done on canal
by said George W. and William E. Armstrong, under a con-
tract of James G. Armstrong and Alexander Mc^. Groves,
upon section number one hundred and eighty-seven of the

62 CANAL AND CANAL LANDS.

Illinois and Michigan Canal, with six per cent, interest from
the completion of said section.

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

Approved, February 24th, 1843.

In force, AN ACT to reduce the number of officers upon the Illinois and Michigan
Mar. 2» 1843. Canal.

All laws p'-o- Sec. 1. Be it enacted by the People of the State of Illinois^
viding for the represented in the General Assembly^ That all laws of this State
election of of- gQ f^j. ^g ^^^^ provide for the election or appointment of com-

ficers of IJls. . . J ^. ,i nz r ^l Tir • j tv/T*

and Michigan missioners, engmcers, or other omcers or the liimois and Mi-
canal repea- chjgan Canal, be and they are hereby repealed.
^^^ Sec. 2. The present acting commissioner of the said canal

Certain offi- g^^^jj continue to hold his office until some other officer or
ued in office officers are appointed to take charge of the affairs of th6
ibr a limited canal, and shall perform all the duties heretofore required to
^*™® be performed by the board of commissioners and treasurer.

The office of secretary is also hereby continued as aforesaid;
and one engineer, to be selected by the said commissioners
shall be retained until settlements have been made with con-
tractors. The said commissioner is also authorised to employ
an agent for the prevehtion of trespasses upon canal lands, in
case the services of such agent shall be deemed necessary.
Com'r to re« Sec. 3. The said commissioner shall at all times receive such
ceive eyiden- evidence of canal indebtedness as have been issued or may be

ces of indebt- . , ~ .,. .rii jrij

edness in pay- issued, as aforesaid, in payment tor balances due lor lands or

nient of bonds lots, whenever the said evidence of indebtedness may be pre-

^^' sented for that purpose; and upon full payment being made,

he shall issue final certificates to the purchaser or purchasers

of said land or lots.

Sec. 4. This act shall take effect from and after its passage;
and thenceforth the salaries or pay of those officers not here-
by expressly authorised to be continued or retained in office
shall cease.

Approved, March 2d, 1843.

In force, AN ACT to provide for the allowance and payment of interest and money
Mar. 3, 1843. due the contractors on the Illinois and Michigan Canal.

Preamble Whereas, the contractors on the Illinois and Michigan Canal
have suffered great inconvenience in consequence of the
non-performance on the part of the State, and as there is
estimates and money due thenc, and placed to their credit, in
the office at Lockport, which has not been paid over to the
said contractors; therefore.
Sec. 1. Be it enacted by the people of the State of Illinois^

( ,,^ represented in the General Assembly y That it shall be the duty of

CANAL AND CANAL LANDS. 63

the commissioner, trustee, or agent, of the Illinois and Michi- Com'rs of
gan Canal, to examine into and investigate the claim or claims cbfgan canal
of the contractors on the Illinois and Michigan Canal, and on to give certifi-
such examination if it shall be ascertained that there is money cates fur mo-
due the said contractor or contractors, for labor performed on "rectors for"'
said canal, which has been placed to his or their credit in the workoncanaT
canal office at Lockport, then in that case it shall be the
duty of such commissioner, trustee, or agent, that may be ap-
pointed to superintend the canal, to give him or them a certifi-
cate to that effect, for both principal and interest, from the
the time the money was due, to the said contractors on said
canal; Provided^ that any interest so paid shall be considered
as a portion of the sum limited to be paid to contractors in the
act entitled "an act to provide for the completion of the Illi-
nois and Michigan Canal, and for the payment of the public
debt," passed at the present session of the General Assembly.
This act to be in force from and after its passage.
Approved, March 3d, 1843.

AN ACT for leasing water power on the Illinois and Michigan Canal. in force,

Mar. 4, 1843.

Whereas, but a small amount of the money will be required p , j
to complete the Fox river feeder, and furnish water to pro-
pel m-'chinery at Ottowa, La Salle county, from, the canal,
as has been heretofore planned, it would be for the interest
of the State, as well as for the benefit and convenience of
the citizens of La Salle county, that the agent of the State
in charge of the canal, or the trustees who may be appoin-
ted under a late act to provide for the completion of the
Illinois and Michigan Canal, dispose of the same, as pro-
vided for by an act to provide for selling water lots on the
Illinois and Michigan Canal, approved February twenty-
second, one thousp.ud eight hundred and thirty-nine, before
the canal is finished, that the State may receive the income
which would accrue, and the citizens of La Salle county the
convenience from the use of the same; therefore,
Sec. I. Be it enacted by the People of the State of Illinois,

represented in the General Assembly y That the agents of the "^["^^^^^ "' .

State having charge of the Illinois and M-chigan Canal, or canal may

the trustees that may be appointed under the provisions of an sell certain

act to provide for the completion of the Illinois and Michigan ^*',^,'' po^®'
/-< 1 1 1 I ,1 • I . 1- r \ ° and Jots at

Canal, may and arc hereby authorised to dispose or the sur-ottowa

plus water from the canal at Ottowa, La Salle county, together

with lots on which the same may be used, on the terms provided

by an act to provide for the disposing of water lots on the

Illinois and Michigan Canal, approved February twenty-second,

one thousand eight hundred and thirty-nine, except so much

of said act as is contained in the third section of said act,

which said third section of the said act is hereby repealed,

64 CITIES.

whenever and at such times as the said agents or trustees may
Proviso deem it for the best interest of the State; Provided^ that the

water lots so sold shall be subject to an appraisal on the coni-
Lots to be ap- pletiou of said canal, as is now provided by an act entitled "an
praised ^^^ ^^ provide for the completion of the Illinois and Michigan

Canal," approved February [twentj'^-first.J onethousand eight
hundred and forty-three, and the purchasers of any such wa-
ter lots as may be sold under the provisions of this act shall
pay for the use of such lot, such appraisal as shall be then
made for the remaining term for which he has leased said lot.
Settlers who g^c. 2. Any settler on canal lands who has not made his
Tled'^io^ pre-' improvement previous to the first day of December, eighteen
emptions hundred and forty-two shall not be entitled to the pre-emp-
tion rights granted by the provisions of **an act for the com-
pletion of the Illinois and Michigan Canal," approved Feb-
ruary, [twenty-first] one thousand eight hundred and forty-
three.

Approved, March 4th, 1843.

Id force,
Jan. 21, 1843. ^N ACT to amend the charter of the city of Chicago.

Sec 1. Be it enacted by the People of the Slate of Illinois,
Chy woi io in- represented in the General Assembly, That so much of the act
^^"'^on^* ^^' entitled "an act to incorporate the city of Chicago," approved
February the tenth, one thousand eight hundred and thirty-
seven, as includes within the limits of the city of Chicago the
westhalf of section number twenty, in township number thir-
ty-nine north, of range number fourteen east, of the third prin-
cipal meridian, be and the same is hereby repealed.
Approved, January 21st, 1813.

In force,
leb. ^, 184o. ^^ ^Q-j, loaujjjorize the Coramon Council of the city of Chicago to

straighten Madison street in said city.

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

council ^mh' represented in the GcjieraLdssembly, That the common council

dens-'reot^^^' ^^ ^^^ ^'^^Y of Chicago shall have power, and the said council

is hereby authorized to lay out and make Madison street, in

said city, eighty feet wide, and for this purpose there is granted

to said city so much of the south side or end of the lots and

blocks of land in the original town of Chicago (supposed to be

thirty feet in depth, and extending the whole length of the

south side of the original plat of said town) for the use of a

street, as may be required to make said street eighty feet

Private prop- wide.

erty not to be s^c 2. Nothing in this act contained shall be held or con-
makin^^ co°m- ^^^^*^^ to authorize said common council to take, or appropri-
pensaiion ate for a street, or any other purpose, any portion of any lot

CITIES. 65

which has been patented to, or is the property of, any private
person or persons, corporation, or body politic without ma-
king ample compensation therefor to the owner or owners
thereof.
Appkoved, February 8th, 1843.

AN ACT to amend the charter of the city of Springfield. In force

Feb. 23, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That the common council Common
of the city of Springfield, shall be and they are hereby author- ^""."'^^J^ °^
ized, in addition to the taxes already authorized to be collect- j^JJ[h"^js^e^ .„
ed, to lay a tax not exceeding two per cent, in each year, on levy a certaiu
all the taxable property in said city, which shall be receivable *^^
in gold or silver, Auditor's warrants, or notes or certificates of
the State Bank of Illinois, the proceeds of which said tax shall
be wholly applied to the payment of the bonds of the corpo-
ration of Springfield now held by said bank.

Sec. 2. This act shall continue in force until the whole To continue
amount of said bonds, to wit: the sum of sixteen thousand six j"/'^''^^ P'^

, ,1 , . •Ill 1 • , • • 1 • aebt lo the

hundred and sixty-six dollars and sixty-six cents, with interest bank is paid
to accrue thereon, is fully paid, and no longer.
Approved, February 23d, 1843.

AN ACT regulating election precincts in the City of Chicago. Jq force

Mar. 1, 1843.

Sec. 1. Be it enacted by the People of the State of IllinoiSt
represented in the General Assembly^ That the county com- Go. com'rs of
missioners' court of Cook county are hereby authorised to in-^*^^^ °^^y ^^-
crease the number of polls, or places of holding elections, in^^nj^g^. of
the Chicago precinct, in said county, to any number not ex- places for hol-
ceeding five, as shall, in their opinion, be most convenient for '^^"^ elections
the voters in said precinct. When the same shall have been
fixed by said county commissioners' court, they shall give the
same notice, appoint judges of election, and the proceedings
shall be in all respects according to the laws now existing in
regard to elections.

Appuoved, March 1st, 1843.

AN ACT to leg'ilize the recorded plat of school section additipn to Chica- \^ force

go, and for other purposes. Mar. 3 1843,

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

represented in the General Assembly^ That the recorder of the

county of Cook is hereby authorised to certify upon the maps

or plat of the school section, recorded in his office, in book

()6 CITIES.

Map or pJat <'.A," page three hundred and fifteen, that the same is the plat
tion^io^Ghica- *^^ ^'^^ school scction addition, an addition to the town of Ohi-
?o legalised cago, and to make such other certificates upon said maps as the
common council of Chicago shall direct to remedy any omisssion
or defect in the same; and the said plat, or map, when so certi-
fied, is hereby declared, and made good, valid, and legal, for
' all purposes whatever; any omission or defect in the same to

the contrary notwithstanding; and the same shall hereafter be
deemed good, valid, and legal, and all omissions and defects in.
the same, cured by this law, and the common council of said
city are hereby authorised to cause said school section to be
re-surveyed, and the same run out so as to correspond with
said plat.
Common Sec. 2. The said common council shall have power to en-

enfbrce ordi^ forcc all such rules, Ordinances, and police regulations made
nances &c. in pursuance of the powders heretofore granted to said city, by
imposing penalties of fine and imprisonment, either, or both,
in the discretion of the magistrate or magistrates, before
whom conviction shall be had; Provided^ such fine shall not
exceed one hundred dollars, and the imprisonn^ent sixty days.
Cemetery ex- Sec. 3. The cemetery lots which have or may be hereaiter

execution ^^^^ °"^ ^^^ ^^^^ ^y ^'^^^ ^^^^ ^^^ private places of burial, shall,

with the appurtenances, forever be exempt from execution

and attachment.

Assignee of Sec. 4. The assignee of any tax certificate, of any lot sold

purchase at ^ taxes under the authority of said city, shall be entitled to

tax sales may . , , - r j i ^ • i- ^ '.l xu

receive deed receive the deed of such lot in his own name, with the same
in his own effect as though he had been the original purchaser.
"^™^. Sec S. The south-east, and the north-east quarters of the

Sicken out^ s*^"^^'^^^^^ quarter, south-west and north-west quarters of the
of the corpo- south-cast quarter of section number five, township thirty-nine,
rate limits ofj^Qngc fourteen east, and the west half of the north-cast quar-
*°^^° tcr of section number eight, in township thirty-nine, range

fourteen east of the third principal meridian, are hereby
stricken out of the corporate limits of said city of Chicago.
Sec. 6. This act to take eff'ect from its passage.
Approved, March 3d, 1843.

In force, AN ACT supplemental to an act entitled "an act to open a new street in
Mar. 4, 1843. the city of Chicago, and for other purposes."

Sec 1. Be ii enacted by the People of the State of Illinois,
l^l^Tu a^t^^" represented in the General Asseinbly^ [That] the act en tiled "an
to open anew act to open a new street in the city of Chicago, and for other
street in the purposes," shall not be SO construed as to afliect, in anyway, the
go'^ not^t'oTf- "gilts of the State or of the canal fund, to the strip of land lying
feet State or south of North Water street and the Chicago river, commonly
canal fund known as the wharfing privileges, and nothing in the said act
contained shall affect the right which the State or city now has
to widen said river, by excavating the banks, nor shall it afi*ect

CITIES. CLERKS OF COURTS. P7

in any manner the title of the State or canal fund to the land
or lots lying south of said street, and between it and the river.
Approved, March 4th, 1843.

AN ACT to prevent cities or towns from issuing ivarrants to circulate In force,

as money. Mar. 4, 1843.

Sec. 1. Be it enacted by the People, of the State of Illinois, Chies and
represented in the General Assembly, That in all cases where [°"'"^'°^'"^^
any city or town in this State shall be indebted to tiny per- ^ant for a debt
son or persons, on any account whatsoever, a warrant or due to one
voucher shall be drawn on the treasurer of such city or town V^^^^n
for the whole amount found due to such person by the tribu-
nal having power to audit and allow claims against such city
or town, and such tribunal shall not in any case draw more
than one warrant or voucher for the amount allowed to one
individual at one time.

Sec. 2. No warrant or voucher drawn on the treasurer of Warrants to
city or town, shall be drawn in favor of any other person be drawn on-
thanthe one lo whom the same may be due, and such war- jj^'" ^^^^^jj °^
rant or voucher may be in the form now prescribed by law. whom due

Sec. 3. No treasurer of any city or town in this State shall -^^^ to be paid
pay any warrant or voucher drawn on him unless such war- unless presen-
raut be presented for payment by the person in whose favor ^^'^ ^y ^^^

• i i/ w^ 1 ^ T^prdon to

such warrant is drawn, or his asssignee, or executor, or admm- J^hom issued
istrator.

Sec. 4. Any officer or officers of any town or city that Penalty for
shall be guilty of violating the provisions of the [this] act, violation of
shall be deemed guilty of a misdemeanor in office; and for*^^^^^**^
every such violation shall be fined in a sum not exceeding five
hundred dollars, to be recovered by indictment.

Sec. 5, Nothing in this act shall be so construed as to pre-
vent the treasurer of any city or town from paying any war-
rant or voucher that may have been drawn on him prior to the
passage of this act.

Approved, March 4th, 1843.

AN ACT to regulate the fees of the clerks of circuit courts in case of na- Jq force

turalizatiou of foreigners. Feb. 24 1843.

Sec. 1. Be it enacted by the People of the State of Illinois, p^^^ .^ casep
represented in the General Assembly, That the clerks of the of application
circuit courts of this State shall be entitled to charge the fol- for naturali-
lowing fees in all cases of naturalization of ^foreigners, to wit : J^j^^"^® ^yg°j^_
filing declaration of intention to become a citizen of the lated
United States, six and one-fourth cents*, swearing applicant to
said declaration, six and one-fourth cents; for certificate un-
der the seal of the court of said declaration having been made,

68 CLERKS OP COURTS. COLLECTORS.

twenty-five cents; for filing final application to have the oath
of allegiance administered, and filing the affidavits of wit-
nesses accompanying said application, twelve and a half cents;
for administering oath to applicant, twelve and a half cents,
and to each of the witnesses, six and one-fourth cents; for
making out a certificate of final naturalization, or copy of
record of naturalization, under the seal of the court, fifty
cents.
No other '"ees Sec. 2. No other fee shall be charged by said clerks in
to be charged (j^ggg of naturalization as above provided for, and all laws or
parts of laws coming in conflict with this law, are hereby
repealed.

Approved, February 24th, 1843.

In force, AN ACT in relation to clerks of circuit courts.

Mar. 6,1843.

Sec 1. Be it enacted by the People of the State of Illinois^
Duty oCcVks represented in the General Assembly^ That it shall be the duty
of the circuit ^£ |.j^g clerks of the circuit couits in this State, in all cases
court in cases , ^ • • i i • . i • i •

where fees where lees are remammg, belonging to and unpaid in cases

are reiTQAining in the said court, whether disposed of or not, to the prede-
unpaid cesser of said clerk, upon request of the said predecessor, his

heirs or legal representatives, to issue his fee bill or execution
therefor, as the case may be, under the seal of said court, and
said fee bill shall have the force and effect of an execution,
and the said clerk shall have no claim upon his said prede-
cessor for the fees of issuing said fee bill or execution, but
shall look to the party in the case liable therefor.
Constables or Sec 2. The constables and sheriffs of the said county, when
shenils tocoJIg^j^j £gg \A\\s or executions shall issue, shall collect them as in
other cases, and shall be subject to, and liable to such penal-
ties as are inflicted by the law in similar cases for the non-
performance of their duties; and when they shall have col-
lected the said fee bills cr executions, or fee bills and execu-
tions, they shall pay the same over to the person to whom
the same of right belongs, and to no other person. This act
to take effect from and after its passage.
Approved, March 6th, 1843.

In force AN ACT in relation to delinquent collectors of taxes of the revenue.

Mar. 6, 1843.

Sec. 1. Be it enaclcd by the People of the State of Bhnois,
Auditor to represented in the General Assembly ^ That it shall be the duty
sue delin- ^f ^^g Auditor of Public Accounts forthwith, to cause suits to
queji CO ec- |jg ^jjg^jjyted on the bonds of all former collectors of the reve-
nue who have failed to pay up the balances due from them
respectively.
Approved, March 6tb, 1843.

COLLEGES. DSf

AN ACT to incorporate the directors of the Literary and Medical College In force,
of the State of Illinois. Feb* G, 1843.

Sec. 1. Be it enacted by the People of the State of HHnois, -p^^^^^^^ c^m.
represented in the General Assembly^ That Thomas Whip)e, po8ing the
B. D. Oewolf, Bela T. Hunt, Read Person, Darwin Milling- corporation
ton, Levi Brown, Leonard Howard, Peter J. Burchcl, R. M.
Crose, William Conklin,and their associates, and successors,
who shall never at any one time exceed fifteen in number, ^^^^J° ^^^^'^
be and they are hereby created a body politic and corporate,
to be styled the Board of Directors of the Literary and Medi- Style of incor-
cal College of the State of Illinois, to be located in the town P"''^'^°"
of St. Charles, and by that name to remain in succession for Location
the term of fifty years, with full powers to acquire by purchase. Duration
devise, gift, or bequest, any property, rcLi], personal, or mixed, Mny purchase
that may be necessary for the transaction of the business for P''"P^''^y ""^^
who they are incorporated, and to hold or convey the same g.^^j^g*'^
under a common seal, which they may alter or change algg^i
pleasure, in any way that is consistent with the interest of
said institution and the condition on which it shall be ob-
tained, and not repugnant to the laws of this State and of the
United States.

Sec. 2. That the said directors, in their corporate capac- Powers of in-

ity, shall be competent to sue and be sued, plead and be im- <^o''P°'"'^'^°"

pleaded, have power to make such by-laws as they may deem „ ,

c K J ^ c A.L I /u a: Bv-laws

necessary lor the good government oi themselves, or the om- '

cers and students of the college; Provided^ that such by-laws

do not conflict with the constitution and laws of this State

and of the United States.

Sec. 3. That one-third of the existing members, or direc- Meetinirs of

tors, shall have power to call, at any time, a meeting of the^^j^j^'^^'"^'

board, by giving to every member at least ten days notice of

the time of such meeting; and that a majority of p.U the exist- q^^^j.^^^^

ing members, when thus assembled, shall constitute a quorum

for the transaction ofbusiness,andhav€poiv'erto choosea pres-^o^^'fl "'«y

ident and other ofliccrs, professor? of the sciences, and agt:nls[jg^['^*^,ij^'"p^*^^^

of the institution; to displace entirely, or remove to other de-fepsors

partmcnts, any or all of them for good and sufficient reasons, Powers of

and shall, with the advice of the president and other pro- ^oi^f'^ •

fessors, prescribe the course of studies to be pursued in each Maj' pres-

department of the college, and to confer on those students, ^^"'^'^ ^^*'„

o ' - ' conrsB or

and others whom they may deem wu:>rthy, honors and degrees gi^jjjy^
similar to those that are usually conferred in other kindred jyiay (^onfer
institutions; Provided, that the said student shall have devo-«iegrees
ted three years to the study of medicine and surgery, and other Lens:ti) of
branches connected with the science of medicine, including""^?, ^'"' f"^"

r I 11- I . siiiijj sluiiy

two lull courses or lectures upon the usual subjects taught m
reputable medical institutions; Provided, also, that all diplo- Diplomas
mas, cerlificales, or other evidences of the conferring of such what to con-
honors or degrees, shall designate the name of the institution''""
and the nature or kind of degree, or honor conferred, so as

70 COLLEGES.

distinctly to show that such diploma is issued by the Literary
and Medical College of Illinois.
Board may Sec, 4. That the said board of directors, or a majority of
expel a mem- |_|^gj^^ shall have power, after giving at least one month's no-
tice of charges of misconduct preferred against any member
or members of said board, upon conviction, to expel him or
them, and to supply all vacancies therein, by appointment.
Presideut of gj,^,^ 5^ 'pj^^. president of the college shall be ex-officio
board^the '' president of the board of directors; his temporary absence at
same any meeting or meetings, to be supplied by a special election

fiom the members of the board that constitute the quorum.
Board may Sec. 6. That the said board shall have power to choose a sec-
choose a sec- j.g|.^j.„ ^{^^ g|j-^jj j-^gp ^ correct record of all the important
retary and , -^ ' . , ^ ^ , .r • 1 1 n i /- i

treasurer transactions, and a treasurer, who 11 required, shall, before he

is intrusted with the keeping of their funds, give such security
to the board and public for the faithful execution of the
trust, as the board may require.
Disbursement Sec. 7. That the board of directors shall faithfully use all
of funds the funds by them received or collected, according to the best
of their judgment, in erecting suitable buildings, purchasing
books, charts, maps, philosophical and chemical apparatus,
collections of natural history, &c., and supporting the profes-
sors and other officers necessary to the institution.
Funds not to g^c. 8. That the funds of this institution, shall never be
devoted to any other object than the promotion of education,
and the annual income of the real estate shall not exceed the
the sum of ten thousand collars.
Honorary gue. 9. That th'j said directors shall have power to elect

^^^jg^"j"^^^ honorary members, grant them seats with the board, and

allow them to take a part in the discussion, but not to vote.
Collesre to be Sec. 10. That the said institution shall not be authorized

^!Jo^^-l!!lftl ^" to establish a medical colle^re or school in more than one
one county • 1 o*

only county m this State.

Members in- Sec. 11. That the members of this corporation shall be

dividual iy Ha- holflej^ in their individual capacity for all debts of the corpo-

ble for debts . 1 .^ f

of corporation nation.

Approved, February 6th, 1843.

In force, AN ACT to exempt the property of CoHo^es and Common Schools from
Mar. G, 1843. taxation for a limited period.

Colleq;es and Sec. 1. Bc it enacted by the People of the State of Illinois^
semuiMnV's represented in the General Assembly^ That all colleges and
t, xati^on "^^^ seminaries of learning incorporated, or which may hereafter
be incorporated, by any act or acts of the General Assembly
of this State, be and the same are hereby exempted from taxa-
tion, for State, county, or other incorporation purposes, upon
all college and seminary buildings, libraries, philosophical and
" chemical, or other scientific apparatus, and the lands on which

COMMONS. CONGRESSIONAL DISTRICTS. 71

such institutions are located, not exceeding one hundred and
sixty acres; Provided^ that the property thus exempted shall
be devoted exclusively to the purposes of education.

Sec. 2. All laws of this State for the coliection of revenue,
or for other purposes, so far as they conflict with the provisions
of this act, are hereby repealed.

Approved, March 6th, 1843.

AN ACT to amend an act entitled "an act to authorise the supervisor of In force,
the village of Cahokia to lease part of the commoa appertainiug to the Mar. 1, 1843.
village of Cahokia."

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly. That the supervisor of the Supervisor of
village of Cahokia, appointed under the provisions of the act^g^^" certai^n'
lo which this is an amendnnent, shall retain in his hands and compensation
be entitled to two per centum of all the sums of money that
he may collect by virtue of his office, as a compensation for his
services; Provided, however, that said per centage shall not
exceed the sum of one hundred and fifty dollars per annum.

Sec 2. The said supervisor shall be entitled to receive out -A-lso twoy^er
of the funds collected by him, or that may come into the hands J^,f",|ey3 here-
of his successor, two per cent, of all the money heretofore tufore collec-
collected under the provisions of the net to which this is an '^d
amendment, for the services already rendered, not to exceed
the amount of one hundred and fifty dollars per annum.

Approved, March 1st, 1S43.

AN ACT to establish seven Congressional Districts. In force.

Mar. 1, 1843 ;

Sec. 1. Be it enacted by the People of the Slate of Illinois,
represented in the General Assembly, That for the purpose of Seven con-
electing seven representatives to the House of i^epresentativesg^^^^^^^^^^^^J^^^^
of the Congress of the United States, the following districts bjighed
shall be and are hereby established, lo be styled and known as
districts numbered first, second, third, fourth, fifth, sixth, and
seventh.

Sec. 2. The first district shall be composed of the counties Fi^t district
of Alexander, Union, Jackson, Perry, Randolph, Monroe,
Washington, St. Clair, Clinton, Bond, and Madison.

The second district of the counties of Johnson, Pope, Har- Second dis-
din, Williamson, Gallatin, Franklin, Hamilton, White, Wa-
bash, Edwards, Wayne, Jefferson, Marion, and Massac.

The third district of the counties of Lawrence, Richland, Third dis-
Crawford, Jasper, Effingham, Fayette, Montgomery, Chris-
tian, Shelby, Moultrie, Coles, Clark, Clay, Edgar, Macon,
Piatt, and Ue Witt. ^om^ dis-

Thc fourth district of the counties of Lake, McHenry, trict

CONVEYANCES.

Boone, Cook, Kane, De Kalb, Du Page, Kendall, Grundy, La
Salle, Will, Iroquois, Livingston, McLean, Champaign, Ver-
milion, and Bureau.

Fifth district The fifth district of the counties of Greene, Jersey, Calhoun,
Pike, Adams, Marquette, Brown, Schuyler, Fulton, Peoria,
and Macoupin.

Sixth district The sixth district of the counties of Jo Daviess, Stephenson,
Winnebago, Carroll, Ogle, Lee, Whiteside, Rock Island, Hen-
ry, Stark, Mercer, Henderson, Warren, Knox, McDonough,
and Hancock.

Seventh dis- The seventh district of the counties of Putnam, Marshall,

trict Woodford, Tazewell, Mason, Menard, Cass, Morgan, Scott,

Logan, and Sangamon.

Time and Sec. 3. One representative to the Congress of the United

manner of States shall be elected in each of the several districts enume-
noiding eiec- , „ ., , i-iiii ir-i^r

tions rated as aforesaid, at the election to be held on the first Mon-

day of August, in the year one thousand eight hundred and
forty-three; one representative shall also be elected in each
of the said districts, on the first Monday of August, one thou-
sand eight hundred and forty-four; and on the first Monday
of August every two years thereafter.
Approved, March 1st, 1843.

In force, AN ACT to authurise Elijah D. Ewing and William Maloney to convey
Jan. 28, 1843, real estate.

Sec. 1. Be it enacted by the People of the State of Illinois,
Ewing, a mi- represented in the General Assembly^ That Elijah D. Evving,

norauthon- ^^£- Pj-Q^i^iin countv, a minor, nineteen years of ase, be and
sen to convey . o '

real estate he is hereby authorised to convey to Loyd D. Addison, Wil-
liam E. Graham, and Richard Clendenning, or their assigns, the
Description following tract of land, being the cast half of the south-west
of lands quarter of section number twelve, in tovv'nship number six,
south of range number three east, containing eighty acres,
situated in Franklin county aforesaid, and said conveyance,
when duly made and acknowledged by the saidEwing, as re-
quired by law, shall be as valid and cfTectual to convey the said
land as if the said Evving had been of the full age of
twenty-one years.
Maloney, a Sec. 2. That William Maloney, of Edgar county, a minor,
ininor, autho- about fourteen years of age, be and he is hereby authorised to
vevcertain"* ^^i^^^y to Benjamin Rhoades, the following described tract of
land to Benj. land, to wit: the south half of the west half of the southwest
Rhoades quarter of section thirty-two, iij township thirteen north, m
range eleven west, in the county of Edgar, and said convey-
ance, when duly made and acknowledged by the said Malo-
ney, as in due fjrm of law, shall be as valid and effectual to
convey the said land as if the said Maloney was of the full age
* of twenty-one years at the time of making the same.
Approved, January 28, 1843.

COUNTIES. 73

AN ACT to establish the county of Audubon. In force,

Feb. 6, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois*
represented in the General Assembly. That all the parts of the ^^^^ f'^

• *^ couriiv

counties of Montgomery, Fayette, and Shelby, lying within the

following bounds, shall be and the same are hereby erected into

a new county, to be called the county of Audubon: t)«gifi- Boundaries

ning at the north-east corner of township ten north, range

one east, thence south to the south-east, corner of township

nine north, range as aforesaid, thence west to the south-west

corner of section thirty-lour, in township nine north, range

two west, thence north to the north-west corner of section

three, township ten north, raiige two west, thence east to the p„^ .„„ „„ ,^

1 /•!•• TTjfji i/»i • ^ r roviso as to

place oi beginning; Jrro^;^aea, that each of the counties of formation of
Montgomery and Fayette shall consent thereto by a vote of «o«"ty
said counties at the next August election.

Sec. 2. The iud^es and clerks of each precinct in the afore- J'^^^ books to
said counties, arc hereby required to open two columns in the ^^^ isjainst
poll books, at the next August election, the one for, the other foraiatioa of
against the organization of the county of Audubon. They^"""'y
shall keep a correct account of all votes given for and against
said county, and the county commissioners' clerks of the coun-
ties of Montgomery and Fayette shall make correct returns ofl^etums
the same within two weeks after said election, to Hiram
Rountree and John McEwen, Esquires, at Hillsboro, who, if
the returns prove favorable, shall cause three notices for an
election of oihcers for the county of Audubon, to be posted up
within the limits of the same, two weeks before the day of elec-
tion, as provided for in this act.

Sec. 3. The legal voters of the county of Audubon shall Time & place
meet at the house of David S. Hobart, in the town of Audu-of meeting to
bon, on the second Monday of September, one thousand ^ight ^'j^^g^°"^'^
hundred and forty-three, and proceed to elect all county offi-
cers, justices of the peace and constables excepted. Said elec-
tion shall be held according to the laws regulating elections
in this State; and Eli Street, James Card, and Windsor P-erecSn°^
Craig, shall be the judges of said election, who shall make out
and deliver certidcates of election to the persons chosen to
office; and the county of Audubon shall be organized when
the said officers are chosen and qualified.

Sec 4. The county commissioners of Audubon countvCo. com'rs
shall meet on the first Monday of October, in the town of ^f^" •''"'^ „,

J , wn6rG to moot

Audubon, and after being duly qualified, shall proceed to hold
court, and perform such other duties as are, by law, required
of county commissioners' courts.

Sec. 5. The county thus formed, shall pay, or cause to be A"'^'^^°^*^
paid, to the counties of Montgomery, Fayette and Shelby, JJjj^J^t/^^'^J^^ljg
within three months after its organization, the full amount of debt of the
the county debt of the aforesaid counties, which the territory counties from
taken ofi' would have been liable to pay had such new county ^g^^
not been formed.

74 COliNTIES.

Sec. 6. The county seat of Audubon county shall be and

Location of ^jjg same is hereby pernnanently located at the town of Audu-

coun y se ^^^^ .^ ^^.^ county: Provided^ that the proprietors of the town

Proviso of Audubon shall, within twelve months after its organization,

erect a good and substantial court house and jail, and convey

the same, together with a lot of land three hundied feet

square, to the county commissioners of Audubon county, for

the time being, for the use and benefit of said county, in fee

simple, and also shall pay or cause to be paid to the counties

of Montgomery, Fayette, and Shelby, the amount required by

the fifth section of this act; and further, shall pay into the

treasury of the county of Audubon, within two months after

its organization, the sum of five hundred dollars.

Andubon at- Sec. 7. The county of Audubon shall be attached to the

tached to se- second judiciiil circuit, and courts shall be holden at such

circuit'" ^"^ tim.es as the judge of said circuit shall appoint, oris required

by law.
Representa- ^^^' ^' ^^^ citizens of ths county of Audubon shall vote
tionintheGe-as they have hitherto done, with the counties of Montgom-
neral Assem- gpy^ Favette, and Shelby, for members of the General Assem-
^ bly, until otherwise provided by law.

Approved, February 6th, 1843.

In force, AN ACT create the county of Massac.

Feb. 8, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
Boundaries ctt^^P^^^^'^^^^ ^^ ^^^ General Assembly, That all that tract oi
new county country within the following boundaries, to wit: beginning at
the south-west corner of Johnson county, on the bank of the
Ohio river, and running thence north with the range line di- .
viding townships one and two east of the third principal meri- |
dian, to Cash river, thence up the centre of the main channel
of said Cash river, to the township line dividing townships
thirteen and fourteen, thence eastalong said line, to the county
line dividing the counties of Pope and Johnson, thence south-
east, so as to strike at the south-east corner of township fifteen
south, six east, thence three miles south, thence east to the
Ohio river, thence down the Ohio river to the place of begin-
Name ^^^S^ shall constitute a new county,'to be called the county of

Massac.
Election for Sec. 2. An election shall be held in the several precincts
b° i°H^T^ '°and parts of precincts within said county of Massac, on the
first Mondiiy fii'st Monday of April next, by the qualified voters of said
of April, 1843 county, for county officers, to wit: for one sheriff, one coroner,
one recorder, one county treasurer, one probate justice of the
peace, one school commissioner, three county commissioners,
one county surveyor, and one clerk of the county commis-
sioners' court, who shall hold their offices until the next suc-
ceeding general election, and until their successors are elected
and qualified. Said elections shall be conducted, and the re-

COUNTIES.

turns thereof made to the clerk of the county commissioners' Manner of

court of Johnson county, as in other cases, and said clerk shall ei'e^ctilm'""

give certificates of election, and when said county officers shall

be elected and qualified, the said county of Massac shall be

duly organized. Said elections shall be held and conducted in

each of said precincts, or parts of precincts, by the judges

thereof, in such manner as other elections are conducted in

this State, and it shall be the duty of the clerk of the county

commissioners' courts of the counties of Johnson and Pope

to issue all such notices for said election as are required by

law for holding elections in this State.

Sec. 3. Said county of Massac shall be attached to and form County of
a part of the third judicial circuit, and the judge of the third ^^^^^^^^j^^^^
judicial circuit shall appoint a clerk for the circuit court of third circuit
said county, on being notified or informed that said county is and judge to
organised, and shall hold court in said county as hereinafter ^P^P°^y^.JJ°^^*
directed. courts

Sec. 4. The citizens of said county of Massac shall be en-suits institu-
titled, in all respects, to the same rights and pri\'ileges as are ted in the
allowed in general to the citizens of other counties in this ^"fJJ^gon ^nd
State, and all suits commenced in the circuit courts of John- Pope to be de-
son and Pope counties, before the first day of April next, shall termined
be determined in said courts the same as if this act had not ^ ^^^
been passed.

Skc. 5. The school commissioners of the counties of John- Duty of
son and Pope shall pay and deliver over to the school com- ^^^j°l^^^'Z
missionerof the county of Massac, all the school, college, and Pope counties
seminary funds belonging to the several townships in said
county of Massac, and all notes and mortgages pertaining to
the same, so soon as the said county shall be organized and
the school commissioner be elected and qualified according to
law, together with all the interest arising out of said money
that has not been heretofore expended for schools within that
pait of Johnson and Pope counties hereby taken and consti-
tuted the county of Massac.

Sec. 6. The legal votes of said county of Massac shall, on Election for
the said first Monday in April next, at the same time and ^^""^y «®*'
places of voting for officers of said county, vote for the place
where the county seat of said county shall be located, on
which day, persons oroposincr to make donations for the sev- Donations for

• "^ ' i' f ° 1 r I 11 ri • 1 xi_ • 1 county seal

eral places proposed to be voted for, shall file with the judges

of elections of the several election precincts in said new coun-
ty, their written propositions, which shall be for not less than
four thousand dollars in value, and upon the person or per-
sons offi3ringthe donation at the place receiving the greatest
number of votes, making to the said county of Massac a good
and sufficient conveyance for the donation. Such place shall
be the permanent seat of justice for said county, and said do-
nation shall be disposed of by the county commissioners of
said county in such manner as they may think proper, re-
serving necessary public grounds, and the proceeds arising

76 COUNTIES.

from said donation shall be exclusively used for the erection

of public buildings in said county.
Representa- !^EC. 7. That, until otherwise provided by law, that por-
tion in Gen. tion of Massac county taken off Johnson, and that portion
Assembly taken off Pope, shall continue to vote with the counties they

were taken off of, for senator and representative to the General

Assembly, in the same manner as though no division had taken

place.

Sec. 8. The passage of this act shall in no wise alter or

Assessment of aggct the assessment of property, or the collection of taxes,

taxes for 1842. ^, .. r i \ j n i.i^

not affected ^'^ the counties 01 Johnson and rope, as the same are now or-

by this act ganized, for the year one thousand eight hundred and forty-
two, but the county commissioners' courts of Johnson and Pope
shall, immediately after the settlement of the collectors of
Part of rere- their respective counties, order that portion of taxes collected
^"^ Z^i^^^' fi'OH!! citizens residing in that portion of Massac county taken
couniiesTo^e ^^ ^^^^^ respective counties, after deducting a proportionate
paid to thoco. amount for the assessment and collection of the same, to be
of Massac ^.^[^ [^^q ^he county treasury of Massac county.

Sec. 9. The county commissioners shall prepare a place for

Place of hoi- j^oldinp: courts in said county, until there shall be public build-
ding courts . ^ ^ , •' ' *

mgs erected.

East line of Sec. lU. That for the purpose of ascertaining and estab-
county to be lishing the east line of Massac county, as commencing as pro-
Burveyed posed at the line dividing Johnson and Pope counties to the
Ohio river, shall be surveyed and marked by the county sur-
veyor of Pope county, on or before the first Monday in April
next.

Sec 11. It shall be the duty of the Secretary of State, as
Copies of this soon as may be after the passage of this act, to transmit by
t*o Pone and"^ ^^^^ ^ Certified copy thereof to the clerks of the county com-
Johnpon missioners' courts of Pope and Johnson counties,
counties APPROVED, February 8, IS43.

In force, AN ACT for the Bettleraent of the Internal Improvement fund between the
Feb. 8, 1S43. counties ol Clay and Richland.

Preamble Whereas, by the fifteenth section of the internal improve-
ment act, a certain sum of money was apportioned to be
distributed to the several counties in this State through
which no railroad or canal was authorized to be construct-
ed; and whereas, the county of Clay received her propor-
tion of said money, but since the passage of said act the
county of Clay has been divided by legislative enactment,
and a certain portion of her territory, together with a por-
tion from Lawrence county, were attached together, con-
stituting a new county by the name of Richland; and
whereas, that portion of said Richland, that was formerly a
part of Clay county, is justly and equitably entitled to a
portion of said money that was unexpended at the time of
the division of said Clay county; therefore,

COUNTIES. 77

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

represented in the General Assembly^ That the county commis-^*^'- o^^j^y*®

• r- rM J. u II ^xi 'lU au 4. • settle with a-

sioners oi Claj county shall settle with the agent, or person in „^^^ holdiiK^

whose possession said money was deposited, and that the said money belon-
court may have the poA^er to compel said agent or person to gi"S^o said
make a final settlement thereof, and if any of said moneys, or j^chiand^co!
interest arising therefrom, remain in the possession of said its lair pro-
agent or person, that the same shall be equitably divided be-P"'"'^"" there-
tween said counties of Clay and Richland, and paid over to
the treasurer of said counties, to be used as a county fund,
after first paying all the orders outstanding against said inter-
nal improvement fund.

Approved, February 8th, 1S43.

AN ACT to create the county of Ma'-quette, and for other purposes therein In force,

mentioned. Feb. 11, 184.*].

Sec. 1. Be it enacted by the People of the State of Illinois.^ repre- iji^i^^ of co
sentedin the General Assembly, That all that part of the now
county of Adams lying east of range seven west, of the fourth
principal meridian, and also, sections one, twelve, thirteen,
twenty-four, twenty-five, and thirty-six, of township one south,
of the base line, in the aforesaid range seven, be and the same
is hereby created into a new county, to be called the county Ifame
of Marquette.

Sec. 2. There shall be an election on the first Monday of Election for
April next, at the different places of voting for justices of the ^"•/*^5^'^" ^°
peace and constables, in the limits of the said county of Mar- ^.^^ Monday
quette; said election shall be conducted by the present judges of April, 1843
of election in said county, who have been appointed by the
county of Adams according to the election laws of this State,
at which election the legal voters of the said county of Mar-
quette shall elect all county officers for said county excepting
school commissioner, and one county commissioner and coro-
ner, who shall bo qualified and commissioned as similar officers
are in other counties of this State. Said ofticers, so elected Term of office
and qualified, shall hold their offices until the next ensuing of co. officers
general election for such ofiSces now provided by law, and
until their successors are legally qualified, and shall have the
same jurisdiction, and discharge all the duties within the lim-
its of the said county of Marquette, that are, or may be re-
quired by law of similar officers in other counties of this State;

Provided, however^ that the person receiving; the highest „

in '11. -r ° •• rrovipo

numoer ol votes at said election lor county commissioner

shall hold his office until the first Monday of August, in the
yearof our Lord, one thousand eight hundred and forty-five,
and until his successor shall be elected and qualified; any
thing in this section contained to the contrary notwithstand-
ing.

COUNTIES.

Keturns of
election how
made and
canvassed

Notice of or-
ganization of
the CO. to be
given to judge
of fifth circuit
who shall ap-
point a clerk
of the circuit
court Si. a
time for hold-
ing courts in
said county

Suits now
pending not
affected by
this act

Justices of the
peace contin-
ued in office

Certain ro.
officers of Ad-
ams CO. to
serve out
their terra of
office as offi-
cers of Mar-
quette

Sec. 3. Within five days after said election the judges of
the election, at their different places of holding the same, shall
return the poll books thereof to the town of Columbus, in said
county of Marquette, directed to Wesley D. McCann, an act-
ing justice of the peace, within the limits of said county, who,
together with any two other acting justices of the peace of
said county, shall meet in the said town of Columbus, within
seven days after said election, and proceed to open said elec-
tion returns, and do and perform such other duties in relation
to said returns as are now required of clerks of county com-
missioners' courts by law in relation to similar returns.

Sec. 4. As soon as the county officers shall have been
elected and qualified, the said county of Marquette shall be
considered organized, and the clerk of the county commis-
sioners' court shall give notice thereof to the judge of the fifth
judicial circuit, who shall thereupon appoint a clerk for the
circuit court of said county, and shall hold courts in the said
county at the town of Columbus, until the county seat of said
county shall be located as hereinafter provided. Said county
of Marquette shall constitute and form a part of the fifth judi-
cial circuit until otherwise provided by law; and it shall be the
duty of the judge of said circuit to hold two terms of said
court in said county annually, at such times as he may order
and appoint, or at such time as may be provided by law.

Sec. 5. All suits and prosecutions that have been com-
menced, or may hereafter be commenced in the circuit court
of Adams county, before the organization of the said county
of Marquette, shall not be affected by this act, but all suits and
prosecutions so commenced as aforesaid, shall be prosecuted
to final termination in the circuit court of the said county of
Adams, and the officers of the said county of Adams are hereby
authorized and required to issue and execute all writs that
may be necessary to the prosecution of all such suits and pros-
ecutions to final termination any where within the limits of
said county of Marquette.

Sec. 6. All justices of the peace and constables, elected
in the county of Adams, and who reside in the limits of the
county of Marquette, shall hold their offices and have juris-
diction in the said county of Marquette as though they had
been originally elected in said county.

Sec. 7. Daniel Harrison, school commissioner, George
Smith, one of the county commissioners, and Jonas Grubb,
coroner, of the present county of Adams, and who reside with-
in the limits of the said county of Marquette, shall, after the
organization of the said countyof Marquette, hold their respec-
tive offices within and for the same, until their present terms
of office expire, and it shall be the duty of the clerk of the
county commissioners' court of said county of Marquette, as
soon as the same shall be organized, to notify the clerk of the
county commissioners' court of said county of Adams thereof,
when each of the said offices within said county of Adams

COUNTIES. 79

shall be deemed and considered vacant, which said vacancies
in said Adams county shall be filled in the same manner as va-
cancies occasioned by other causes.

Sec 8. The school funds belonging to the several town- School fund
ships in the county of Adams, and all moneys, notes, and mort-
gages, appertaining to the same, shall be paid and delivered
over to the school commissioner of said county of Adams, by
the school commissioner of the county of Marquette, as soon as
the school commissioner of the county of Adams shall be duly
elected and qualified; and also all moneys and interest arising
from the school, college, and seminary fund which may be-
long to the said county of Adams.

Sec. 9. At the next general election, and until a new ap- Adamg to e-
portionment of representation shall be made among the sev-lect three &

eral counties of this State, the county of Adams shall elect J^"''*^"^"® „
• , , /> HIT ^^° represen-

three representatives, and the county of Marquette two repre- tatives to the

sentatives to the General Assembly of this Slate, and in caseG^^n. Assem-
a vacancy shall happen in the office of senator from the county ^^
of Adams, the said county of Adams andcounty of Marquette
shall vote together to fill such vacancy, and the said counties p^iJc^the^^Q
shall continue so to do until a new apportionment of repre- counties to
sentation shall be made, and in case of election for senator, it^lect a sen-
shall be the duty of the clerk of the county commissioners'

court of the county of Marquette, within four days after the^, » ,

. /• 1 1 • I I 1 1 • •' I Time & place

returns 01 such election has been made to him, to meet the of comparing

clerk of the county commissioners' court of the county of votes for seaa-
Adams, at his office in the city of Quincy, and the two clerks ^"^
together shall compare the polls and deliver a certificate to
the person elected, and also a transcript of the votes for sena-
tor to the Secretary of State.

Sec. 10, For the purpose of fixing the permanent seat of Election for
justice for said county of Marquette, it shall be the duty of the ^°* ^^^^
judges of election, at the time and place of voting for county
officers, as provided for in this act, to cause as many columns
as there may be places voted for to be ruled on the poll books
of said election, at the head of each column a separate place
shall be entered as candidates for the county seat of said
county of Marquette; at said election all the legal voters of said
county shall vote for one of the places designated; the places
to be agreed upon by the voters of said county in any number
they may see proper, and the place receiving a majority of
all the votes given shall be the permanent seat of justice for^'°P^^^® .^**
said county; but if no one place shall receive a majority of all [t^"° another'^'
the votes given, then it shall be lawful for the said legal voters election to be
to meet at the several places of holding elections on the first ^^^'^
Monday of August next, and then and there select and vote
for one of the two places only having the highest number of
votes at the former election, and the place having a majority
of all the legal votes given, shall be the permanent seat of
justice of said county of Marquette.

80 COUNTIES.

Sec. 11. That the county commissioners' court of the said

county of Marquette be and the same hereby is authorised and

empowered at any regular term thereof, whenever it shall be

Co. court au- deemed expedient, by an order to be entered on its records, to

thorised to appoint some competent person as a commissioner for the pur-

comm^ssioner F^^^ hereinafter expressed, who shall take and subscribe an

oath, faithfully and carefully to perform such duties as may be

required of him by this act; which oath may be administered

and certified to the clerk of the aforesaid court, by any justice

of the peace of said county.

Sec. 12, It shall be the duty of the county commissioners'
Blank books court of said county, when it makes such appointment, or as
to be provided gQQj^ thereafter as may be convenient, to provide a sufficient
number of blank books for the purpose contemplated by this
act, substantially bound and suitable for recording deeds in;
which books, when provided, shall be delivered to the afore-
said commissioner, who shall receipt to the clerk of said court
for the same.
ComVtocopy Sec. 13. As soou as such book or books shall be delivered
siich records ^q go^f] commissioner, he shall record in each book a copy of

of Adams co. , , ,. , . .' , i /« i • xi r iY! i

as relate to ^'^^ ordcr 01 his appointment, and of his oath or oince, and pro-
bonds in ?ylar-ceed in due time to the office of the recorder of the county ot
qtiette Adams, and shall, from the books in said office, make out and re-

cord in a fair and legible manner in the book or books furnished
him, all deeds and title papers, together with the acknowledg-
ments and certificates appertaining thereto, of lands lying in
the aforesaid county of Marquette, which have been recorded
in the office of the recorder of the said county of Adams, and
when the said commissioner shall have finished transcribing:
the aforesaid records contemplated by this act, the recorder
of the said county of Adams shall estimate the number of deeds
and other title papers which said commissioner shall have
transcribed into such book or books, and certify the same to
the county commissioners' court of said county of Adams,
Comoensation^^^^'*^^^ ^^^'^ tiiereupon make an order in Aivor of such com-
missioner, for the sum of twenty cents for each deed by
him transcribed as aforesaid, to be paid as other county orders
are.

Com'rs to ^^^* ^'^' ^^ ^^^'^ ^^ ^^^^ ^^^y of t'lG recorder of the county

have access to of Adams to permit said commissioner to make transcripts of

records all and every such deed and title paper, and for that purpose

to use the books in which such instruments may be recorded.

Sec. 1.5. The said county commissioners' court of said Mar-

how filled quette county shall have pov/erto fill all vacancies in the said

office of commissioner.

Skc. 16. It shall be the duty of the aforesaid commissioner,

DoolcB to he's 'i^ter transcribing the aforesaid deeds and title papers into the

returned to books SO to bc fumishcd him as atbresaid, to return the said

recorder of books to the recorder of the said county of Marquette, and it

arquctte cc. gj^^|j ^^ ^^^ ^^^^, ^^ ^^lj recorder to make a certificate to

that effisct at the end of each book.

COUNTIES. 81

Sec. 17. The said commissioner in transcribing the deeds
and title papers aforesaid into the books so provided as afore-
said, shall, immediately after transcribing each deed, title pa-
per, acknowledgment, and certificate, note in the said book at Time book
what time, in what office, book, and page, the same was origi- and page of
nally recorded, and when such transcribed record books shall °"sinal rec-
be delivered to the recorder of the said county of Marquette, ted
they shall, to all intents and purposes, be considered and tak-
en as books of records of deeds and title papers, for the said
county of Marquette, and copies of such transcribed records, copies made
certified by the recorder of said county, shall be evidence in evidence
all courts and places, in the same manner that copies of deeds
and title papers regularly recorded in the recorder's office of
said county are evidence, and with the same effect.

Sec 18. The debt now outstanding against the said county Marquette co.
of Adams shall be paid by said county, and the said county of'^^'^^^ed from
Marquette shall forever be released from the snme; and it^||Jt"f^"J'jg
shall be the duty of the Governor of this State, on or before of Adams
the first day of April next, to appoint three suitable and disin- Gov. to ap-
terested persons, not residents of either of the aforesaid coun-P°^"' ^^'■*®
ties, as commissioners, who shall, before entering upon the *^'*™"
duties of their aforesaid office, make and subscribe their res-
pective oaths or affirmations, well and truly to discharge the
duties required of them under the provisions of this act, im-
partially, and to the best of their judgments and abilities, be-
fore some justice of the peace of said county of Adams, who
shall certify the same to the clerk of the county commission-
ers' court of said county, and which shall be filed by him in
his office.

Sec 19. I( shall be the duty of the aforesaid commissioners, Duty of com-
within one month after their said appointment, on some day to missioner*
be agreed upon by them, to repair to the seat of justice of the
said county of Adams, and then and there, after making the
aforesaid oath or affirmation, ascertain from the records of said
county, first, the value of the taxable property lying and being
within the limits of the now county of Adams, from the book
or books of the assessor of said county, for the year of eigh-
teen hundred and forty two, according to the value of
said property, as set down in said book or books; secondly,
the said commissioners shall, in like manner and from the
same source, ascertain the value of taxable property lying and
being within the limits of the said county of Marquette; third-
ly, the said commissioners shall ascertain the amount of the
debt outstanding against the county of Adams at the time of
the passage of this act; fourthly, the said commissioners shall
appraise and value the court house and jail of said county of
Adams, and all other property, either real or personal, and all *

moneys, notes, bonds, &c., of every description, owned and
belonging to the said county of Adams, at the time of said ap-
praisement; Provided^ Aowerer, that the public srju.ire in the
6

COUNTIES.

Amount of
award to be
paid by Ad-
ams to Mar-
quette CO.

Com'rs to
hivve access to
books &c.

Compensation
«r oom'rs

city of Quincv, shall be excepted from the provisions of this
section, unless said public square should at any time hereafter
be sold and converted into private property, in vs^hich event
the county of Marquette shall be entitled to one-half of the
proceeds of sucii sale, and excepting, also, from the provisions
of this section, the cemetery, and market house and lot in said
city of Quincy; fifthly, the said commissioners shall deduct from
the appraised value of said court house and jail, the amount
of the aforesaid outstanding debt against the said county of
Adams, and then make out a duplicate award in writing, un-
der their hands and seals, setting forth the result of the inves-
tigation hereinbefore required of them, and in which they
shall award, to be paid by the said county of Adams to the said
county of Marquette, such proportion of the balance of the
appraised value of said court house and jail, after deducting the
amount of the aforesaid outstanding debt against the said coun-
ty of Adams, as the value of the said taxable property lying
and being within the limits of the said county of Marquette
bears to the value of the said taxable property lying and being
within the limits of the now county of Adams, and when the
said award shall be so made out as provided in this section,
one copy thereof shall be delivered by the aforesaid commis-
sioners to the clerk of the county commissioners' court of the
county of Adams, and the other to the clerk of the county
commissioners' court of said county of Marquette, and the same
shall be filed by the said clerks in their respective othces.

Sec. *il). At the first regular term of the county commis-
sioners' court of the said county of Adams, after the said award
shall be filed as aforesaid, the said court shall make an order
in favor of the said county of Marquette for the amount so
awarded, to be paid to it by the «aid county of Adams, as in
the last preceding section provided, and the said am.ount shall
then be considered due from the said county of Adams to the
said county of Marquette, and shall be paid in the same man-
ner as other debts against said county.

Sec 21. The said commissioners, for the purpose of dis-
charging the duties required of them by this act, shall have
free access to the records of said county of Adams, but shall
not be permitted to remove from their respective offices any
hooks or papers belonging thereto; and it shall be the duty of
the clerk of the county commissioners' court of said county
and of all other officers of said county, whom the said com-
missioners may deem it necessary to call upon, to aid them in
the investigations aforesaid, for which said services so to be
rendered as aforesaid the said clerk, and other oflicers shall
make no charge against the said county of Adams.

Slc. 22. The said commissioners may adjourn their meet-
ings from time to time to suit their convenience, but shall use
all reasonable despatch in the discharge of the duties herein-
before required of ihem, and the concurrence of any two of
them in any actor duty hereinbefore required of them, shall

COUNTIES.

be valid and binding to all intents and purposes, and thej shall
be paid by the county of Adams in the same manner as other
charges against said county, three dollars each per day, during
the time actually employed in the discharge of their aioresaid
duties, and for every day's necessar}'^ travel in going to and
returning from the said seat of justice of said county of Adams.

Sec. 23. As soon as the said county of Marquette shall be Treasurer of
organized, and the clerk of the county commissioners' court of^,*^^"?^ ^°* ^°
said county of Adams notified thereof, the treasurer of the said utev of Mar^
county of Adams shall pay and deliver over to the treasurer q^etie a pro-
of the county of Marquette, for the use of said county, such P^''^^^"?^^:
proportion of the funds now in the treasury of said county of funds "in the
Adams, for the use of said county, and in the kind of funds in co. treasury
which the same was collected, as the value of the taxable pro-
perty lyingand beingwithinthelimitsofthesaid county of Mar-
quette bears to the value of the taxable property lying and
being within the now county of Adams, as appears upon the
book or books of the assessor of said Adams county, for the^
year eighteen hundred and forty-two, and the taxes assessed divislonTf the
upon the property lying and being within the limits of said tax tor 1842
county of Marquette, for the year eighteen hundred and forty-
two, shall be collected by the collecting officer of the county
of Adams the same as if said county had not been divided, and
the amount collected for the use of the county paid into the
county treasury of said county of Adams, the same as now re-
quired by law; and the treasurer of the county of Adams shall
immediately thereafter pay and deliver over to the treasurer
of the county of Marquette for the use of the said county such
proportion of the aforesaid amount as the value of said taxa-
ble property lymg and being within the limits of the said coun-
ty of Marquette, bears to the value of said taxable property
lying and being within the limits of the now county of Adams,
as appears upon the aforesaid book or books of the aforesaid
assessor, and it shall be the duty of the aforesaid treasurer of
said county of Adams to take duplicate receipts for the money
OS to be paid by him as aforesaid, from the treasurer of said
county of Marquette, one of which he shall cause to be filed in
the office of the county commissioners court of said county of
Adams. This act shall take effect and be in force from and
after the passage thereof.

Approved, February 11th, 1843.

AN ACT fot the formation of the county of Moultrie. In force,

c, -, T. r Feb. 16, 1843.

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

represented in the General Assembly, That all that tract of Boundaries of

country lying within the following boundaries, to wit: begin- county

ning at the north-east corner of township fifteen north, range

fiix east of the third principal meridian, thence west to the

cm COUNTIES.

north-weiJt corner of section three, township fifteen norths
range four east, thence south three miles, west three miles,
south eleven miles, east five miles, south four miles, east four
miles, south one mile, east one mile, south one mile, east one
mile, south one mile, east one mile, south two miles, east six
miles, to the range line between ranges six and seven, thence
north to the place of beginning, shall be constituted a new
county, to be called Moultrie.
T* e & la- ^^^* '^' ^^^ l^g^l voters residing within the aforesaid boun-
ces of electing daries, shall meet at the usual places of holding elections on
CO. officers the first Monday' in April next, and proceed to elect one sherifiT,
one coroner, one recorder, one county surveyor, one probate
justice, one clerk of the county commissioners' court, one trea-
surer, one school commissioner, and three county commis-
Terra of ser-sioners; the person receiving the highest number of votes for
vice of CO. county commissioner shall remain in office for two years from
the first Monday in August next, the person receiving the
next highest vote for county commissioner shall remain in
office for one year from the first Monday in August next, and
the person receiving the lowest vote for county 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 election, and until their successors are
elected and qualified.
Location of Sec 3. The seat of justice of said county of Moultrie shall
CO. seat ]3g Q^^ ^j^g residence of James Camfield, of said county, until

otherwise ordered by the county commissioners' court of said
county, but the seat of justice of said county shall not be per-
manently located by said commissioners' court until further
legislation in relation thereto.
Election how ^^c. 4. The present judges of election residing within the
conducted boundaries of the county of Moultrie shall conduct the elections
provided by this act in all respects agreeable to the laws
regulating elections, and shall make return of the poll books of
their respective precincts within five days after the election,
to Abraham H. Killar, William Thompson, and James Elder,
acting justices of the peace; and the said justices, or a majori-
ty of them, shall meet at the house of James Camfield, within
ten days after the said election, and it shall be the duty of the
said justices of the peace to open and compare the poll books,
to make out and deliver certificates to the persons elected,
and to return an abstract to the Secretary of State in the same
manner as is now required of the clerks of county commis-
sioners' courts in like cases.
Co. court Se^' ^' '^^^ county commissioners shall meet as a court

when io meet, within twenty days after their election, and shall proceed to
its duties \.^y off their county into justices' districts, and transact such

other county business as may be deemed necessary.
Notice of el- ^^^' ^' shall be the duty of the justices of the peace
cction to be named in this act, to give at least twenty days public notice of
siT«n the time and places of holding the elections provided for m

COUNTIES.

this act, bj posting up notices in at least six public places in
said countj.

Sec. 7. The school funds belonging to the several town- School fund«
ships in said county, together with all the interest arising from oftownships
said moneys, and now in the hands of the school commission- J" ^^^^^^^p^J^
ers of Macon and Shelby counties, and all notes and mortga- to school
ges appertaining to the same, shall be paid and delivered over com'r when
to the school commissioner of the county of Moultrie, as soon®^^*^'®^
as the county shall be organized, and a school commissioner
elected and qualified according to law.

Sec. 8. It shall be the duty of the clerk of the county com- ^^oultrie to
missioners' court, as soon as may be after the election o^coun-^^^^^jP^jJ^^J^jj
ty officers, to inform the judge of the eighth judicial circuit & judge to ap-
that the county is organized, and the said judge shall there- poin^a clerk
upon appoint a clerk, and fix the time lor holding the circuit 'J"jjjj^™®jjJJ[pj
court, and said county shall form a part of the eighth judicial
circuit.

Sec. 9. That elections for senators and representatives to Manner of

the General Assembly shall continue to be conducted as conducting e-

though no division had been effected, and the clerks of the ^^^"°"f/°^

c5 . . .'ill ^ • 1 senator and

county commissioners' courts shall return abstracts ot said representa-

elections to the clerks of the county commissioners' courts of tives

the counties of Macon and Shelby, until otherwise provided

by law.

Sec. 10. The county commissioners' court of the county of Court house

Moultrie shall, at their first term, appoint one or more suitable "^'^^^ °^ ■^^"
• 1 .1 ' rr . ^ -t r Tkir con co. to be

persons to meet with the county commissioners or Macon apportioned
county, at their June term, one thousand eight hundred and between Ma-
forty-three, and ascertain the prooortion of the court house ^""*^ Moul-

tri6 counties

debt of Macon county, which the inhabitants taken from Ma- and how-
con and forming a part of Moultrie county, have agreed by
their petition to pay, and in the apportionment and payment
of the said money the commissioners of Macon and Moultrie
counties shall be governed in all respects according to the pro-
visions of the eleventh section of the act entitled "an act for
the formation of Piatt county;'* Provided^ that said apportion-
ment be based upon the assessment lists of one thousand eight
hundred and forty-two.

Sec. U. The moneys to be paid by the county of MouUrie^P^':°J^^^j^^^
to the county of Macon shall be raised by additional assess- money to be
ment on the inhabitants residing within the boundaries taken paid to Ma-
from the county of Macon, and nothing herein contained shall ^^^ ^^'!^„
be so construed as to make liable the inhabitants ^'^sidingj^j^j^jjjjj^mg
within the territory taken from the county of Shelby for any tsiken from
portion of the money made payable to the county of Macon Shelby to pay

* 1 .1 • • r i-i • i. no part of the

under the provisions of this act. jg^t to Ma-

Approved, February 16th, 1843. con

86 COUNTIES.

In force, AN ACT to attach part of Tazewell county to the county of Woodford.
Feb. 17, 1843.

Sec. 1. Be it enacted by the People of the Slate of Illinois^
Boundary o( represented in the General Assembly^ That all that part of Taze-

tno Qlstrlct or . . "^ , . ■*

country to be ^ell county embraced in the lollowing limits, be and the same
attached to is hereby attached to the county of V'^'^oodford, to wit: com-
Woodford mencing at the north-east corner of Tazewell county, between
township number twenty-six and twenty-seven north, thence
west with the said line to the middle of the Illinois river,
thence down said river to a point opposite the section line
dividing sections twenty-eight and twenty-nine, in township
twenty-six north, range four, west of the third principal me-
ridian, thence south with said sectional line, to the township
line between townships number twenty-five and twenty-six
north, thence east with the said township line to the county
line of Woodford county, and thence north to the place of
beginning.
Provision for Sec. 2. The school commissioner of the county ofTaze-
paying over well shall pay over to the school commissioner of the county
school funds (jf Woodford on or before the first of October next, all the
school funds belonging to the seVernl townships hereby at-
tached to the county of Woodford, together with all interest
arising out said money, that has not been heretofore expended
for schools within that part of Tpzewell county now proposed
to be attached to the county of Woodford.
Suits now Sec. 3. All suits at law which have been heretofore corn-

pending and nicnced in the circuit courts of Tazewell county prior to the
collection of . , . , .,• . • . •• ■"' 'i , .•

taxes not af- said annexation by any citizen or citizens residing in that portion

focied by this of Tazewell county now proposed to be attached to the coun-
*^' ty of Woodford, shall be prosecuted to final judgment and exe-

cution in the same manner as though this act had not been
passed, and all taxes, fines, and assessments shall be collected
as if this act had not passed.
Justicesof the Sec. 4. All justices of the peace and constables, now hold-
peace and ing office in that portion of Tazcwell county proposed to be
continued in attached to the county of Woodford, shall be continued in
office office as justices of the peace and constables of Woodford

county until the expiration of the term for which they were
elected, or until a vacancy shall otherwise^happen, as is now
provided by law.
Territory not Sec. 5. The territory described in the first section of this

to be '^^J'lch- j^ct shall not be attached to the county of Woodford unless a
ed to Wooa- .•./>, i . ^ r \ c ^i j.- r n>

ford unless a- majority of the legal voters oi each or the counties ot 1 aze-

greed to by a well and Woodford shall vote in favor thereof, and for the pur-

luajonty of p^^g of ascertainin<r the sentiments of the voters of Tazewell

the voters oil ^ . . .

both counties county upon the question of said proposed annexation, a spe-
Election cial election shall be holden in the county of Tazewell upon
when to be i\^q f^rst Monday in the month of May next; which said elec-
couductcd^ tion shall be conducted in all respects as elections for sena-
tors and represen(atives to the General Assembly, and the
clerk of the county commissioners' court of said county of

COUNTIES.

Tazewell is hereby required to give notice of said election as
in other cases of special elections for twenty days ^before the
day of holding the same; and the clerks of all the election
districts arc hereby required to keep regular poll books, to be
certitied as in other elections, in which shall be two columns, • •

in one of which shall be entered all the votes given in favor
of said annexation, and in the other, all votes given against
said annexation, and the returns made to the clerk of the
county commissioners' court of said county of Tazewell, within
five days after the said election, and within ten days alter said
election the clerk of the county commissioners' court, if a ma-
jority of the legal votes given at said election shall be in favor of
said annexation, shall file a certificate thereof in tiie office of >
the clerk of the county commissioners' court of Woodford ^^^ ^^^^
county.

Sec. 6. And for the purpose of ascertaininrr the sentiments r,,„ .. „ .
01 the voters oi VVoodiord county upon said question, a spe- Woodford co-
cial election shall be holden in the county of Woodford upon when to be
the last Saturday in July next, to be conducted in all respects conducfed'*''
as the election in the county of Tazewell is to be holden, as
provided in the precedinsj section; said twenty days notice
to be given and returns to be made to the clerk of the county
commissioners' court of said county of Woodford in five days
after said election; Provided, that if a majority of the votes
polled in the county of Tazewell shall be opposed to said an-
nexation, then said election shall not be holden, but if a ma-
jority of the votes polled in each of the sr.id counties shall be
in favor of said annexation, then the clerk of the county com-
missioners' court of Woodford county, within twenty days
after the said election, shall file in the office of the Secretary of Certificate to
State, at Springfield, a certiticatc, under the seal of said court, ^^ ^^J^ *^"-
that a majority ot the votes polled m said county of vvood- state
ford was in favor of said annexation, and also, a certified copy
of the certificate filed in his office by the clerk of the commis-
sioners' court of Tazewell county, and by the fifth of August
next, notify the clerk of the county commissioners' court of
Tazewell county that a majority of the votes polled in Wood-
ford county was in favor of said annexation, and the territory
in the first section of this act described, from the day of hold-
ing the election in Woodford county, shall be and become
part and parcel of the county of Woodford, and in all subse-
quent elections vote with said county of Woodford.

Sec. 7. At the next August election in Tazewell county Election for
the clerks of election shall open in their poll books two col-rpu'ovalofcrt.
umns, in one of which they shall enter all legal votes offered ^^^jj "^^ '^^"^
in favor of removing the seat of justice of Tazewell from Tre-
mont to Pekin, and in the other all legal votes oftered in op-
position to said removal, and in case a majority of the legal
votes given at said election on said question be in favor of
said removal, the town of Pekin shall from thenceforth be the
permanent seat of justice of said county of Tazewell; Provi-

88 COUNTIES,

-ProTiao ded^ that all courts and county officers, provided bj law to be

holden or kept at the county seat, shall continue to be holden
or kept atTremont until necessary, convenient, and perma-
nent public buildings, both court house and jail, shall be
erected at Pekin free of cost or charge to said county of Taze-
well. The sufficiency of said buildings to be determined by
the county commissioners' court of Tazewell county, or by
their authorized agents.
Airents for re- Sec. 8. And be it further enacted^ That David Mark, Gid-
ceiringsub- eon Hawley, William S. Rankin, Alexander Robinson and
er"Gtine:°coun- '^^'^'^ McGinnis be and the same are hereby appointed com-
ty buildings .missioners, by themselves or their authorized agents, to receive
contributions and subscriptionsof money, work and materials,
for the purpose of erecting said public buildings, and to super-
intend the erection thereof; and all promises, in writing, to
pay money, work or materials, towards the erection thereof
shall be binding in law upon all persons making the same, and
said commissioners are fully authorized to collect the same
by law.
Titoeofremo- g^^^^ 9^ Within thirty days after the commissioners' court
^jgj, ■ 'shall approve of said buildings the several county offices shall
be removed to Pekin, and all the courts there holden, and
Pekin become in all respects the seat of justice of said county.
'^hr^^^'^Md ^^^ public buildings herein provided to be erected shall be
ingg located on the square designated on the map of the town of

Pekin as court house square, or the court square.
Elections Sec. 10. The elections provided for in this act may be con-

^ovr contest- |.gg^^ J -^^ the same manner as elections of county officers.

Sec. 11. This act to take effect from and after its pas-
sage.

Approved, February 17th, 1843.

In force, AN ACT to create the county of Milton.

Feb. 21, 184.3.

Sec. 1. Be it enacted by the People of the State of Illinois^
Milton coun- represented in the General Assembly ^ That all that tract of coun-
*T ^j""^^" try included within the following boundaries, to wit: com-
mencing at the south-east corner of Vermilion county, on the
State line dividing the States of Indiana and Illinois, thence
running west with the line dividing Edgar and Vermilion
counties, to the south-west corner of Vermilion county, thence
north with the line dividing Vermilion and Champaign coun-
ties, to the township line dividing townships eighteen and
nineteen, thence east with said line to the line dividing the
States of Indiana and Illinois, thence south to the place of be-
ginning, shall constitute a county which shall be called and
known by the name of Milton county.

Sec. "A. An election shall be held at the several precincts
within the limits of said county of Milton, on the first Mon-

'i.

COUNTIES.

day of September next, by the qualified voters of said county "^^ ^p'^ an
P ai , '/ r u -rr election for

for county omcers, to wit: lor one shenit, one coroner, one^Q o^cera

recorder, one county surveyor, one county treasurer, one pro-
bate justice, three county commissioners, and one clerk of the
county commissioners' court, who shall hold their offices until
the next succeeding general election, and until their succes-
sors are elected and qualified; said election shall be conducted „
in all respects as elections generally are in this State, and elections how
returns thereof made to the clerk of the county commission- made
ers' court of Vermilion county, and said clerk shall give cer-
tificates of election, and when said county officers are thus
elected and qualified, said county of Milton shall be considered
duly organized. Said election shall be conducted in each of
said precincts by the judges thereof in such manner as elec-
tions have heretofore been conducted at said precincts, and it
shall be the duty of the clerk of the county commissioners'
court of Vermilion county to issue all such notices for said elec-
tion as are required by law for holding elections in this State.

Sec. 3. Said county of Milton shall be attached to the Attached to
fourth judicial circuit, and the judge of said circuit shall fix the circuU^^*
time of holding courts therein, providing for two terms to be
held in said county annually, until the time and number of

terms shall be otherwise estabHshed by law: said courts shall ^ _,„ ,^
1111 II I • • 1 fCo. coni'rs to

be held at such place as the county commissioners court oi designate the

said county of Milton shall designate, until the county seat of place of hold-
said county shall be located as is hereinafter provided. And^"©*^""'"^^
until suitable county buildings shall be erected, it shall be the
duly of the said county commissioners to provide some suita-
ble and convenient building in which said court may beheld.

Sec. 4. All suits commenced in the circuit court of Ver-^J'"?"^^ ^.?.'"*
.,. . I . • r • 1 /"Of VernHUon

milion county prior to the organization of said county or co. to try all

Milton, by any person or persons who may fall within the suits pending

bounds of said county of Milton, shall remain and be deter- ^° ^^^'^ '^°*"*®

mined by the circuit court of Vermilion county.

Sec. .5. The school commissioner of the county of Vermil-S<^^p®^ °?™'^
I 11 J J '• i. J.U u I • • rof Vermilion

ion shall pay and deliver over to the school commissioner oi ^^ j^ j^- ^^

Milton county all the school fund belonging to the several school com'r

townships in said county of Milton, and all notes and mort-®^ Milton co.

gages pertaining to the same, so soon as said county shall be J^^ns of school

organized, and the school commissioner elected and qualified fund &c.

according to law, together with all interest arising out of said

money, that shall not have been, prior to that time, expended

for schools within said county of Vermilion.

Sec. 6. For the purpose of locating the county seat of County seat

Milton county the following named persons are hereby ap- how located

pointed commissioners, to wit: William B. Archer, of Clark

county, l.eandcr Munsell and Hall Simms, of Edgar county,

who or a majority of whom, shall meet at Georgetown, in said

county of Milton, on the first Monday in October next, or

within twenty days thereafter, and after being duly sworn by

some justice of the peace, shall proceed to locate the seat of

SlQ COUNTIES.

justice of said county of Milton at the most eligible and con-
venient point, taking into consideration the present and pros-
pective population of said county, as also the amount of
money and real estate that may be offered at the different
points proposed for such location as donations to the county of
Milton in consequence and as an inducement to said loca-
tion.
Citizens of ^^c. 7. The citizens who may, at the time of the organ-

Miiton CO. to ization of said county of jMilton, reside within the limits of
have DO inter- gaid couiity, or such as m'^y at any time afterwards become
Sc'buiMhies citizens of said county, shall, under no circumstances, at any
or saline time, claim or be entitled to any inerest in the public build-

landa in Ver- j^gg qj- grounds, or saline lands, within the limits of Vermil-
luiJion CO. • - ^ +„
ion county.

Vermilion to Sec. 8. So soon as said county of Milton is created and
pay certain county officers for said county elected, the county commis-
xnoney toMil-gJQj^gpg Qf Vermilion county shall make an estimate of all the
moneys belonging to said county of Vermilion, and after de-
ducting therefrom all amounts due or to be due on contracts
then existing against said county of Vermilion, shall pay over
to the county commissioners of Milton county its proportion-
ate share, according to the last assessment, the sum still re-
miiningin their hands after such deduction.
Milton CO. to Sec. 9. The county commissioners' court of Milton county
belaid off in- are hereby authorized and required, immediately upon their
cincts^^ P^^' organization, to lay out said county into not exceeding three
election precincts, and to appoint three judges of elections
Each precinct fop each of said precincts so laid out, and at the same time to
Justices and o''^^'' '^^ election for two justices of the peace and two con-
constables, & stables for each of said precincts, and one school commis-
thecountyonegioner for said county: which offi :ers shall hold their several
Bcaooi comr ^fj^^^^g yj^^^\\ the next general election, and until others are

elected and qualified.
Compensation Sec. 10. The commissioners herein named to locate the
to comVs ap. (^o^nty g^j^t of Milton county, shall each be allowed the sum
pointed to lo- r .t. ^ u c i • • i i ^ • i

«ate CO. seat Of three dollars tor every day s service when employed m lo-
cating said county seat, to be paid out of the treasury of said
county.
Vermilion at Sec. 11. The poll books for the several election precincts

her next an- j^^ Vermilion county shall at the next j^cneral election be pro-
nual election • . i •,. , t i • . i i • r i • i i ii u

to vote for & ^^^^^ With t WO additional columns, in one ot which shall be

against the set down the votes of all persons voting for a division of said

creation of county, and in the other all the votes of all persons voting
the county of • . j- • r -j * j t -i. i ii

Milton against a division of said county, and u it shall appear a ma-

jority of all the votes polled arc cast for a division of said
county, then and in that case the county of Milton shall be
declared and considered created and organized, as provided
for and contemplated by the provisions of this act; otherwise
this act to be null and void in all its provisions.

Sec. 1'2. Should a majority of all the legal voters of Ver-
milion county decide in favor of a division of said county,

COUNTIES. 91

then and in that case the clerk of the county commissioners' Sec. of State

court of Vermilion county shall immediately inform the Sec-*^,-'' -^t^^l

/•ot r 1 ritT'i Circuit to oe

retary of btate thereof; and that the county or Milton is informed of

thereby created and organized, and he shall also inform the''^^ results of

judge of the fourth judicial circuit thereof. '^^ ^^^'^"^^

Sec 13. In case the county of Milton should be created ]yij],Qjj co.to
and organized as hereinbefore provided for, the 3aid county of elect one rep-
Milton shall elect one representative to the General Assem-I^^^^l'J.^^^'^
bly, and Vermilion one representative, and shall, together ^ J™ Jj^^Ver-
with Vermilion and Champaign counties, elect one State sen-milion &
ator. until otherwise provided for by law; the clerk of the ^'^^™P^^S'^ ^
county commissioners' court of Milton county shall, in case
of the election of a State senator, meet the clerk of the county PoUs to be
commissioners' court of Vermilion county at Danville to com- compared at
pare the polls. Danville

Approved, February 21st, 1843.

AN ACT defining the boundaries of McHenry county. In force,

Feb. 24, 184 3.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the boundary lines Boundaries
of McHenry county are hereby declared to be as follows, to defined
wit: beginning at the south-west corner of township number
forty-three north, of range number five, east of the third prin-
cipal meridian, running north to the north line of the State,
thence east to the north-east corner of section number five,
in township number forty-six, of range number nine east, of
the third principal meridian, thence south along said section
line to the south line of township number forty-three north, of
said range, thence west to the place of beginning. This act
to take effect from and after its passage.

Approved, February 24th, 1843.

AN ACT to define the boundary line between the counties of McLean and Jd force,

Woodford. Feb. 28, 1843.

Sec. 1. Be it enacted by the People of the State of Jllinois,
7^epresented in the General Assembly, That the following shall Boundary be-
be the line between the counties of McLean and Woodford; ^^^^"^^^^j'^"
to wit: beginning at the south-west corner of Livingston coun- Woodford de-
ty, running thence west three miles, thence south six miles, fined
thence west three miles, thence south two and a half miles,
thonce west three miles, thence south one mile, thence west one
and three-quarter miles, thence south one mile, thence west
one-fourth of a mile, to the corner of Woodford county; and
the same shall hereafter be and remain the permanent divid-
ing line between said counties. This act to be in force from
and after the passage thereof.

Approved, February 28th, 1843.

92 COUNTIES.

In force, AN ACT to define the bounds of Boone county.

Feb. 28, 1843.

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

Part of "^i^- represented in the General Assembly^ That sectiots six, seven,

tached tV eighteen, nineteen, thirty, and thirty-one, in each of the town-

Boone CO. ships forty-three, forty-four, forty -tive, and forty-six, in range

three east, of the third principal meridian, are hereby attach-

Proviso, that ed to and shall form part of the county of Boone; Provided^ an

t^i^rsSr' election shall be held at the house of Samuel Kieth, in the

townships village of Newburg, in Winnebago county, on the fourth

shall so de- Monday of May next, under the inspection of Benjamin F.

rictlo^n t^o° be H^oyt and Samuel Kieth, as judges, and A. W. Canfield, as

held for that clerk of said election, whose duty it shall be to attend at the

purpose time and place aforesaid, and hold said election. A poll book

shall be opened with columns headed "for" and "against'^

being attached to the county of Boone, and the legal voters

.residing on the aforesaid sections shall be permitted to vote

for or against being so attached. The poll shall be kept open

from ten o'clock A. M. to five o'clock P. M., of said day, and

upon closing the poll, the judges and clerk shall certify the

!?-»..« k result on the poll book, and seal up and deliver the same to
Keturns how . i , /- A . . . ^ , ^ ^ t,.. ,

made the clerk oi the county commissioners' court ot Winnebago

county, within five days thereafter, and the clerk of said court
shall, within two days, in the presence of two justices of the
peace, of his county, op3n and examine said poll book, and
compare the certificate with the votes given, and thereupon
make out a certificate of the result of said election, which shall
be signed by said clerk and justices, and the same shall be
entered upon the records of the commissioners' court for Win-
nebago county; and if it shall appear by the result of said
election, that a majority of said voters are in favor of being
attached to the county of Boone, then and in that case, the
aforesaid sections shall be and remain a part of Boone county,
otherwise they shall remain as heretofore; Provided^ fur*
iher, that if either of said judges or clerk shall fail to attend
and act at said election, then the voters present shall choose
others to act in their place, who shall be governed by the pro-
visions of this act.

Approved, February 2Sth, 1843.

In force, AN ACT in relation to the eountj of Adams.

Mar. 1, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
Money to be represented in the General Assembly, That the amount of mo-
pnidby Ad- ney to be paid to the county of Marquette by the county of
amsco. to Adams, under the provisions of an act entitled "an act
beVaisedby^ to create the county of Marquette, and for other purposes
tax therein mentioned," approved February eleventh, one thou-

sand eight hundred and forty-three, shall be raised by a tax

COUNTIES.

upon the entire property, real and personal, lying and being
within the said county of Adams, including also the city of
Quincy; any law to the cohtrary notwithstanding.
Approved, March 1st, 1843.

AN ACT to repeal ibe ninth section o** "an act for the formation of the in force

county of Woodford." Mar. 1, 1643.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That the ninth section of Ninth section
an act entitled "an act for the formation of the county of ^f ';*?f. ^^^ °'^"
Woodford," approved i^ebruary twenty-seventh, one thousand Woodford oo.
eight hundred and forty-one, be and the same is hereby re- repealed
pealed.

Approved, March 1st, 1843.

AN ACT to attach part of the county of La Salle to the county of In force

Marshall. Mar. 1, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly , That the clerk of the county tg 'n"hi'"29 &
commissioners' court of the county of Marshall shall, on or 30 north, 1
before the twentieth day of March next, cause the legal voters east, in La
of townships twenty-nine and thirty north, range one east, of ^^1'® f °' *°

1 . 1 . , ^. . 1 •' . , . , •' . ^ , : , ^ , vote lor or a-

tne third principal meridian, to be notihed in the manner that gainst being
voters are required to be notified for elections of justices of attached to
the peace, to meet at some place named in said notice, in said ■'^^^^"^'^ *^°-
townships, on the twelfth day of April next, for the purpose
of voting for or against being attached to the county of Mar-
shall.

Sec. 2. The legal voters of said townships, when assem-
bled pursuant to such notice, shall proceed to elect three judges How to pro-
of election and two clerks, whose duty it shall be to take the ceed in the
votes of the legal voters of said townships present, and voting ^ ^°^^°"
for or against being attached to the said county of Marshall,
and they shall open poll books for that purpose, and therein
record the votes of said townships respectively, keeping the
votes of the voters of each township separately, and if a ma-
jority of all the votes given by the legal voters of said town-
ship twenty-nine shall be in favor of being attached to said
county of Marshall, the said township twenty-nine shall thence-
forth be attached to and become part of the county of Marshall;
and if a majority of all the votes given by the inhabitants of
said township thirty shall be in favor of being attached to said
county of Marshall, then said township thirty shall thenceforth
be attached to and become ptirt of said county of Marshall.

Sec. 3. If a majority of the legal voters of said townships,
or either of them, shall vote in favor of being attached to said

94 COUNTIES.

Judges and countj of Marshall, the said judges and clerks of election

clerics of elec"

tion to certify ^"'^'* cei my iiie same uriuer iiieir nanus lo me couniy com-

the same to missioners' courts of the counties of Marshall and La Salle

the CO. cora'rs respectively, and to the Secretary of State, within thirty days
courts of La a ^-u j r • i i v- J J

Salle & Mar- ^Iter the day oi said election.

shall Approved, March 1st, 1843.

In force, AN ACT to define the boundary lines of Menard county.

Mar. 2, 1843.

Sec. 1. Be it enacted hy the people of the State of Illinois^
represented in the General Assembly^ That all that portion of
Boundaries of territory lying in the county of Sangamon and north of the
Menard CO. following lines, viz: beginning at the middle of the south-
ern boundary line of section twenty-four, (24) in township
number seventeeen (17) north, of range seven, (7) west of
the third (3d) principal meridian, thence east [toj the south-
east corner of section twenty-one, (21) township seventeen,
(17) north of range six, (6) (hence north to the Sangamon
river, thence down the Sangamon river to the northern boun-
dary line of section ten, (10) same township and range, thence
east to the south-east corner of section two, (2) township and
range aforesaid, thence north one and a half miles to the
middle of the western boundary line of section thirty-six (36)
in township eighteen (IS) range six (6) west, thence east one
mile to the range line between five (5) and six, (6) thence
north half a mile, thence east along the section line to the
south-cast corner of section thirty, (30) township eighteen (18)
north, of range four (4) west, thence north to the south-east
corner of Menard county, be and the same is hereby attached
to the county of Menard.

Sec. 2. The collector of Sangamon county is hereby
authorized to collect the taxes for the vear 1842, in said dis-
trict as though no change in the lines had taken place. This
act to take etfect from and after its passage.
Approved, March 2d, 1843.

In force, AN ACT to establish Cumberland county.

Mar. 2, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
Cumberland represented in the General Assembly, That from and after
CO. organised ^}^g first day of May next, all that part of Coles county lying
south of a line beginning at the north-west corner of section
thirty, in township eleven north, of range seven east, of the
third principal meridian line, running thence east along the
several section lines to the western boundary line of Clark
county, shall form a new county to be called Cumberland
county.

COUNTIES. 95*

Sec. 2. An election shall be held on the first Monday of Elections to
April next, at the town of Greenup, and at the town of Wood- ^^ ^®^^
bury, at the house of James Gill, at Beni White, Berry's mill,
and Ruffners, at Long Point, for the election of a sheritF, coro-
ner, county recorder, county surveyor, probate justice of the
peace, clerk of the county commissioners' court, county trea-
surer, school commissioner and three county commissioners
for the said couaty of Cumberland, at which said election any
number of legal voteis not less than fifteen who shall be pre-
sent, may choose from among themselves a sufficient number How conduct-
of persons to act as judges of said election, who, after being ed
sworn, as also the clerks, shall proceed to open and hold said
election according to the rules and regulations prescribed by
law for conducting general elections in this State, at which
said election all persons entitled by law, residing in the boun-
daries prescribed for Cumberland county, to vote for mem-
bers of the General Assembly, shall be entitled to vote at
said election.

Sec. 3. After the said election shall be closed it shall be Duty of the
the duty of the judges and clerks holding the same to affix toJ^'^j^^^^^l
each of the poll books a statement of the names of each per- J^-^^
son voted for and the office he was intended to fill, and the
number of votes such person received, and certify the same;
one of which said poll books they shall seal up under an en-
velope, directed to John Wolf, Judson Holley,and Alexander
Magrew, and it shall be the duty of one of the said judges or
clerks to deliver the same to the said persons on or before the
third day after tlie close of the said election; and it shall be
the duty of said Wolf, Holley, and Magrew, or any two of them,
to meet at the town of Greenup on the third day after the close
of said election, and if thepollsof said election shall be delivered
to them, or either of them, to proceed to open the said elec-
tion returns, and after comparing the returns of said election
they shall make out a written statement thereof and shall
transmit a copy thereof, certified by them, to the Secretary of
State, and it shall be the duty of the Secretary of State to
make out commissions to such of the persons as shall appear
to be elected, who are entitled by law to be commissioned by
the Governor, and transmit the same to the persons so com-
missioned; Provided, however, that contested elections for any
of the above named officers shall be determined according to
the principles contained in the laws of this State concerning
contested elections.

Sec. 4. The seat of justice for Cumberland county shall for^
the present be at the town of Greenup, and shall hereafter be
permanently located in the following manner, to wit: at the
general election, to be held on the first Monday in August
next, a poll book shall be opened for the different points to
be run lor the county seat; Provided, however, that no place
shall be voted for unless its proprietors or friends shall, at least
twenty days previous to said election, execute a bond with

96 COUNTIES.

sufficient security, designating the quantity of land patented
by the Generiil Government and free from legal incum-
brances, setting forth the metes and bounds of said land, or
the number and location of town lots,or the amount of money,
work and labor, or materials to be used in erecting the county
buildings which the proprietors or friends of any point may
propose to give, which said bonds shall be subject to the ap-
proval of the county commissioners' court and be filed in their
office; and at said election a column shall be opened for each
point whose friends shall have executed bond as aforesaid,
and all persons qualified at the time for holding said election
to vote for a member of the General Assembly shall be enti-
tled to vote for the location of said seat of justice, and
the point, if any, receiving the majority of the legal votes
cast at said election, shall be the permanent seat of justice for
Cumberland county. When the votes of said election are com-
pared b^ the proper officers, if it shall appear that neither one
of the points voted for shall have received a majority of the
whole votes cast, then it shall be the duty of the county com-
missioners' court to appoint a day within three months there-
after for holding another election, and shall publish written
notices thereof in at least six of the most public places in the
county, for one month, and a column shall be opened at each
election precinct, for the two points having received the high-
est number of votes at the preceding election, and the point re-
ceiving, the highest number of votes atsaid second election shall
be the permanent seat of justice; and if changed from the town
Election may of Greenup the offices shall be removed to said new seat of jus-
tice so soon as public buildings can be prepared therefor. If any
person shall desire to contest the election in regard to the reat
of justice, they shall, within twenty dajs thereafter, give notice
that they will proceed before a justice of the peace of the
county to take depositions that certain persons (naming them)
who voted at said election were not qualified voters, or that
fraud or unfairnees (stating in what such fraud or unfairness
consisted) was practised in said election; at which time and
place all the testimony on both sides shall be written down,
and the matter in controversy shall be decided by the county
commissioners' court, subject to an appeal to the circuit court
at any time within twenty days after the decision of the
county commissioners court; Provided, that the notice in re-
gard to a contested election as to the seat of justice shall be
posted up in six of the most public places in the county. It
shall be the duly of the county commissioners' court of Cum-
berland county to cause public buildings to be erected at the
permanent seat of justice when located in the manner pro-
vided in this act, and for that purpose they are hereby aulhor-
zied to lay off any land that may be donated to, or acquired
for the county, into town lots, and may sell and convey all or
any part of such lands or town lots, so donated or acquired,
and appropriate any money, work and labor, or materials

COUNTIES. 97

owned bj or due to said county in the construction of county
buildings as aforesaid.

Sec. 5. All justices of the peace and constables residing in
Coles county, and in office on the first Monday of May next,
shall continue in office and exercise all the duties required of •

them by law in Cumberland county until their successors shall
be elected and qualified according to law, and shall be liable
to the same penalties for omission of duty as if no change or
division of Coles county had taken place under this act, and
be entitled to the same emoluments for their services.

Sec. 6. That at the next biennial election for representa- Representa-
tives to the General Assembly, and until another apportion- ^^^'^^ ^°^ ^^'^*
ment of representatives shall be mad^, the county of Cumber- ekctVd ^
land shall be entitled to elect one representative separate from
Coles county, and Coles county shall separately be entitled to
elect two representatives, and no more, and, until a new appor-
tionment of senators shall be made, Che county of Cumberland
shall vote with the counties of Coles and Clark for the elec-
tion of a senator, and the clerk of the county commissioners'
court of Cumberland shall attend at the clerk's office
of Coles county to compare polls, at the same time now pro-
vided by law for the clerk of the county commissioners' court
of Clark county to attend, and compare the votes for senator,
and to join in making a certificate thereof to the person
elected.

Sec. 7. At the election to be held on the first Monday in
August next, for county officers for Cumberland county, the Co. com'rs
person receiving the highest vote for county commissioner ^""^^^''^^'^'^
shall be entitled to hold his office three years 5 the person hav-'^^^'"°^°®°^
ing the next highest, two years; and the next highest, one
year, according to the provisions of the law concerning the
election of county commissioners.

Sec. 8. The county of Cumberland, when organized ac- Cumberland
cording to the provisions of this act, shall be deemed and con- ^° ^^^'^ f^® .
sidered, from and after the first day of May next, one of the ^o wer"^as ^
counties of this State, and entitled to all the rights and powers oiher coun-
generally conferred upon and allowed by the constitution and*^^^
laws to other counties in this State, and to the officers thereof.

Sec. 9. It shall be the duty of the Auditor of Public Ac-
counts to make out and transmit to the county commissioners' Auditor
court of Cumioerland county, on or before the first day of June
next, a list of all lands within the boundaries of Cumberland
county, subject to taxation, for State and county purposes,
and annually thereafter, as required by law; and the county
commissioners' court of said county shall direct the assess-
ment and collection of taxes m said county, for the year one
thousand eight hundred and forty-three, according to the pro-
visions of the revenue laws of this State, and direct the collec-
tion and appropriation thereof, as required by law in other
counties.

98 COUNTIES.

Sec. 10. All taxes assessed and uncollected in Coles county
Taxes assea- for the year one thoyusand eight hundred and forty-two, and
sed how col- previous thereto, of persons residing in Cumberland county,
lected ^^^g^ ^j^^ ^j,g^ ^^^ ^^ jyj^y next, and all judgnneats, executions,

' and fees due to officers in Coles county, against any person

or persons residing in Cumberland county, may be collected

and accounted for in the same manner as if no division of the

county had taken place by virtue of this act.

Courts Sec. 11. It shall be the duty of the county commissioners'

court of Cumberland county, after the organization thereof,

according to the provisions of this act, to certify the same to

the judge or justice required to hold circuit courts in Coles

county, and it shall be the duty of the said judge or justice to

fix the time of holding circuit courts in Cumberland county

until otherwise provided by law, and it shall be his duty to

hold the said courts accordingly.

Provision re- Sec. 12. It shall be the duty of the county commissioners'

lative to court of Coles county to ascertain from the State census taken

school, cnl- -j^ ^jjg j^j, Qjjg thousand eight hundred and forty, .as near as

iG2^f* find RGini* -1

narj funds t^^y can, the amount of school, college, and seminary funds
which the inhabitants residing in the limits of Cumber-
land county were entitled to receive as a part of Coles county,
for the year one thousand eight hundred and forty-two, and
how much, if any, is due and unpaid to the township treasurers
or to teachers, and also what would be the proportionable part
of the school, seminary, and college funds for the year one
thousand eight hundred and forty-three, and certify the same
to the county commissioners' court of Cumberland county,
and direct the school commissioner of Coles county to pay the
same over to the school commissioner of Cumberland county,
and also to deliver over all notes, money, bonds, mortgages,
and papers, properly appertaining to school lands in the boun-
daries of Cumberland county, and it shall be the duty of the
school commissioner of Cumberland county to receive, keep,
collect, pay out, and account for the same according to law.
Part of same Sec. 13. That Cumberland county is hereby attached to
congressional ^^^ g^^{| fQ^m part of the samc congressional district in which

dietnct with ^ , , i i i

Coles Coles county may be placed.

Approved, March 2d, 1843.

In force, AN ACT to extend the limits of Bond county.

Mar. 2, 1843.

Sec 1. Be it enacted by the People of the State of Illinois^
Limits of represenled in the General Assembly^ That all that tract of coun-
fined ^° *^^'try included within the following boundaries, to wit: begin-
at the north-east corner of totvnship six north, of range five,
west of the third principal meridian, and running west on the
line between towns six and seven, to the north-west cor-
ner of section two, thence south on the sectional lines to the

COUNTIES.

south-west corner of section fourteen, in township five north,
of range five, west of the third principal meridian; thence east
to the south-east corner of section thirteen, same township
and range, thence north to the place of beginning, containing
within said boundaries eighteen sections, shall be attached to
and form a part of the county of Bond; Provided^ that nothing Proviso
in this act contained shall release the inhabitants living with-
in said boundaries from the payment of any taxes heretofore
levied upon them by the county of Madison; and the collector
of the county of Madison shall have the same authority and
power to collect all taxes now due said county of Madison from
said inhabitants as though they had not been detached from
the county of Madison. This act to take efiect and be in
force from and after its passage.
Approved, March 2d, 1843.

AN ACT to form the county of Tulaski. In force,

Mar. 3, 1843.

Sec. 1. Be it enacted hy the People of the State of lUino's,
represented in the General Assembly, That all that tract ofBonndjirieaof
country within the following boundaries shall constitute ^"^'"-^^^ ^°*
the county of Pulaski, viz: beginning at a point on the Ohio
river, on range line between two and three, east of the third
principal meridian, and running north with and on said line to
Cashe river, thence down and with said river to the Alexander
county line, thence north on said last mentioned line to the
south-east corner of Union county, thence west along said line
to Mill creek, thence down and along the said creek to Cashe
river, thence down and along the west bank of said river to
the Ohio river, thence up and along said river to the place
of beginning.

Sec 2. The county aforesaid is constituted upon the follow- Conditions
ing conditions: the people within the boundaries specified in"PO"^^^°.^ „

i-» - RdiQ CO fin All

the first section of this act, and the people who are in the t,e constituted
county of Alexander, shall meet at the several places of hold-
ing elections for justices of the peace in said county of Alex-
ander, on the first Monday of June next, and proceed to vote
in the same manner as voting for justices of the peace, wheth-
er said county shall be so constituted or not. The judges of
elections in said county shall give twenty days notice of the
time and place of holding such election, by posting up notices
in three of the most public places in the precincts of Alexan-
der as now organized.

Sec. 3. On the day so appointed, the judges of elections ^jg^jj^^^ j^
shall open a poll book at each precinct in said county of Alex- what manner
ander, (as now organized,) in which poll books they shall l^eld
cause to be ruled two columns, in one of which they shall
set down the votes given for the formation of said county of
Pulaski, and in the other column the votes given against its
formation; and the said judges shall conduct the said election

IQQ COUNTIES.

as other elections, and make returns thereof to ihe clerk of
the county commissioners' court of Alexander county, within
five days after the election, and the said returns shall be
opened and counted as election returns for members of the
Legislature are, and if a majority of all the votes given at the
said election shall be in favor of the formation of said county,
the clerk of the county commissioners' court of Alexander
[county] shall forthwith issue his certificate of that fact, under
the seal of said court, and transmit the same to the Se-
cretary of the State of Illinois, and by him to be filed and
preserved in his office as evidence of the formation of said
county of Pulaski; and said clerk shall also file a copy of
said certificate in his office, and transmit by mail a simi-
lar certificate to the clerk of the county commissioners
court of Massac county, which said certificate shall be entered
of record by the said courts of county commissioners of Alex-
ander and Massac counties, at their first court after the receipt
of the same, and shall also make out a copy thereof and hand
the same to the sheritf of Alexander county, who shad, within
five days thereafter, deliver the same to Henry Sowers,
Thomas Lackey, Jr., and Thomas Howard, all three of whom
are hereby appointed commissioners to locate the county seat
of said county of Pulaski.

Sec. 4. The said Henry Sowers, Thomas Lackey, and
Jorme'd! V Thomas Howard, or a majority of them, shall, after being no-
seat to' be lo- tified of the said county being formed as aforesaid, within
^^^^"^ twenty days thereafter, meet at the house of Thomas Forker,

in said county of Pulaski, and after being sworn faithfully to
discharge the duties of commissioners, proceed to locate the
seat of justice of said county at some suitable point in said
county, having due regard to the interests of the inhabitants
of said county, and shall make such contract for the dona-
tion of land to aid in the construction of the pubUc buildings,
as they shall think most advisable, but in no case to pledge
the faith of the said county for the payment of money.

Sec. 5. Said commissioners shall make return of the loca-
tion of said county seat, together with such deeds for real
estate donated to the county as they shall procure, in no
case to be less than ten acres of land, to Thomas Forker, of
said county, to be kept and preserved by him until the county
is organized, and shall then deliver the same to the clerk of the
county commissioners' court of the county of Pulaski, which
shall be spread of record by said court; and the location of the
seat of justice soinade, shall be and remain the county seatot
said county,
nffi hPn Sec. 6. Should said county of Pulaski be constituted ac-

andhowllec. cording to the provisions of this act, the legal voters of said
^^ county shall meet in the town of Caledonia, on the first Mon-

day of August next, and the judges of elections of justice's pre-
cinct, at Caledonia, shall open books for election oi all the of-
ficers within said county, and make return thereof to William

Return of lo
cation &c.
how made

Officers when

COUNTIES.

101

A. Hughes, who is hereby authorised to open the same, and
make returns thereof in the same manner as clerks of the
county commissioners' courts, with justices of the peace called
to his assistance as in other cases are required to do, and the
officers, when so elected, shall be commissioned and qualified
as other officers.

Sec. 7. The county of Pulaski shall form a part of and re- q^ ^J ^^^^
main in the third judicial circuit of this State, and the courts part of the 3(1
shall be holden at the county seat thereof on the Thursdays """cuit
next before the end of the term of the Alexander circuit court,
as now provided by law.

Sec. 8. The public debt of the county of Alexander shall py^^jj^ ,]gbt of
be equally divided between and paid by the counties of Alex- Alexander co.
ander and Pulaski, and the school fund divided according to
the population of the said respective counties.

Sec. 9. The county commissioners of Pulaski county shall p^y ^f ^^
sell and dispose of, for the benefit of said county, all such lands com'rs of Pu-
donated to the same at the seat of justice as they shall deem'^^^^ c.rela-
proper and advisable, and lay out such streets and public tJo^g^^^?"^"
grounds on the same as they shall deem proper, and in all
cases apply the proceeds to the use of said county in erecting
public buildings and such other purposes as they shall deem
proper for the public good. ^ S^^^^^^ ^ ^3.

Sec 10. That the said county shall vote with the counties presentativea
of Alexander and Union for senator, and with Alexander for ^o^®^^°'^^
a representative to the General Assembly.

Sec. 11. The assessment of property and the collection of property and
the revenue for the year 1842, shall not be affected by the collection ot
provisions of this act, but it shall be faithfully applied by the^^^®""® ""'
county of Alexander to pay off the debts of said county. this 'act

Approved, March 3d, 1843.

AN ACT supplemental to ''an act creatinij the county of Massac out of In force,
the counties of Pope and Johnson.""] Mar. 3, 1S43.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That that part of the Boundaries
boundary line lying in the county of Pope which runs from
the south-east corner of township fifteen, range six, be so
changed as to run south till the same strikes the Ohio river
from the said south-east corner of the above mentioned town-
ship. This act to be in force from and after its passage.

Approved, March 3d, 1843. ,

102

COUNTIES,

In force, AN ACT in relation to the county of Cass.

Mar. 4, 1843.

Sec. 1. Be it enacted hy the People of the State of Illinois^
represented in the General Assembly^ That there shall be an
Citizens of election held in the county of Cass, in the State of Illinois, on
Cas9co. to ^j^g g^gi- Monday in September next, A. D. eighteen hundred
vote lor ioca- , _ , . i ^ i i . . . , . • •

tion of county S'la lorty-three, at the regular election precincts within said

seat county for the selection of a permanent seat of justice of the

said county of Cass; and at each precinci it shall be the duty of
the judges of election now in office, or hereafter to be appointed
in said county, to open poll books in their respective precincts
for the purpose of said election, in which said poll books there
shall be ruled a column for each place in said county that
may be put in nomination for said county seat, and the names
of the voters of said county voting for any of said places shall
be registered in the column attached to the place thus voted
for.
-,. . , Sec. 2. The said election shall in all things be conducted

couducted ^^ elections for members of the General Assembly of the
State of Illinois, are by law required to be, and any person
entitled to vote in said county of Cass for members of the
General Assembly shall be entitled to vote at said election.
Certain pre- ^^^- ^' ^^ ^^ ^^^^ election to be held on the first Monday in
cinct8 in Mor- August, A. D. eighteen hundred and forty-three, in Morgan
gan CO. county, under an act of the Legislature entitled "an act for

be attached ^"^ formation of the county of Benton and for other purposes,"
to Cass CO. it shall be decided that a part of the county of Morgan shall
be attached to the county of Cass, such attached portion of
territory shall be deemed to be a part cf the county of Cass
within the meaning and for the purposes of this act; and polls
shall be opened at Arenzville, Henry Price's house, and Wil-
liam Berry's house in said attached territory, for the purpose
of enabling the residents in said territory, being legal voters
for members of the General Assembly, to vote for the selec-
tion of the permanent seat of justice for Cass county. Francis
Arenz, George Engleback and Edward W. Turner are hereby
appointed and authorized to act as judges to conduct the said
election at Arenzville, and David Homilcar, George Peterfish,
and Peter Conover are hereby appointed and authorized to
act as judges to conduct said election at Henry Price's house,
and Burton Tilton, Martin Hardin and William Montgomery
are hereby appointed and authorized to act as judges to con-
duct said election at William Berry's house; and if any one
or more of the said persons shall fail, neglect, or refuse to act
as judges of said election, the vacancy or vacancies caused
by such failure, neglect or refusal, may be filled in the same
manner as is provided for tilling vacancies in the office of
judges of election under the law providing for the election of
members of the General Assembly; and the vote registered at
Arenzville, Henry Price's house, and William Berry's house,
for the county seat of Cass county, shall be counted in deter-
mining the location of the county seat aforesaid.

COU.XTIKS.

103

Sec. 4. The poll books to be keptas bereinbefore provided Po^^ books to
for at the aforesaid election shall be returned to the office of cferk of°co/^
the clerk of the county commissioners' court of Cass county, com'rs court
and the result of the said election ascertained within the time^^ ^^s co.
and in the manner prescribed by law in case of the election
of members of the General Assembly; and if upon counting
the votes registered on said poll books it shall be ascertained
that any one of the places voted for at said election shall have
received a majority of all the votes given, the said place shall
become and thereafter forever remain the permanent scat of
justice of the said county of Cass; Provided^ that the citizens
or proprietors of the place thus selected shall, within eighteen
months after the said selection shall have been made, convey
or procure to be conveyed to the said county of Cass a suita- q^^j^^j^^ ^j^^^^
ble lot or lots of ground for the purposes of a public square, couutj seat is
with a suitable and proper building thereon erected for the located to do-
purpose of holding courts within and for said county; and also, ".fn^J^fJ^co"
a suitable lot or lots of ground with a suitable and proper jail
thereon erected, the fitness and suitableness of the said court
house and jail to be determined by the presiding judge of the
circuit court of the said county of Cass, by his certificate in
writing, to be filed in the office of the clerk of the county com-
missioners' court of said county, and in the event said presid-
ing judge shall be interested, that the said certificate shall be
given by the presiding judge of the next nearest circuit not
interested; And provided^ further^ that if the conditions con-
tained in the foregoing proviso shall not be complied with, then
the county seat of the county of Cass shall forever thereafter
be and remain at the town of Virginia, in Cass county.

Sec. 5. Should no place be chosen at the foregoinc: elec- ^^"" P^^*'® "
tion by a majority of all the votes given, then another elec-^jjj election
tion shall be holden at the places, and be conducted in the to be held
manner hereinbefore proscribed, on the third Monday of Sep-
tember next, A. D. one thousand eight hundred and forty-
three, for the purpose aforesaid, at which no other place or
places shall be entitled to be voted for, except the two places •

which shall at the first election to be holden as aforesaid have
received the highest number of votes, and no votes given at
the said second election for any other place shall be taken
into consideration in determining or ascertaining the result of
said second election, but the place receiving the highest num-
ber of votes at said second election, to be ascertained on the
return of the poll books in manner and form as hereinbefore
provided for the return of the poll books of the said first elec-
tion, shail become and forever thereafter remain the permanent
county seat of Cass county subject to the restrictions and con-
ditions contained in the third section of this act.

Sec. 6. Should the town of Beardstown be selected as the Provision ia

county seat of Cass county by the votes of said county ac-f^^® Beards-

,• , , . . r ,1 • ,t . 1 1 town IS selec-

cordmg to the provisions or this act, the president and trus- ted asco. seat

tees of said town of Beardstown are hereby expressly author-

104

COUNTIES.

ized to convey to the said county, for the purpose of carrying
into effect the provisions of this act, any lot or lots of ground
the title to which may be vested in said inhabitants of Beards-
town.
Co. officers to Sec. 7. Should any other place than the town of Virginia
reside at co. become the seat of justice of the said county of Cass accord-
ing to the provisions of this act, then it shall be the duty of the
county officers of said county now required by law to reside
at the county seat to remove to said place thus elected with-
in three months from the time that the certificate of the pre-
siding judge acting under this act shall have been filed in the
office of the clerk of the county commissioners' [court j of said
county of Cass as required by the fourth section of this act:
and all writs and processes that may be pending in the courts
of said county at the time of the filing of said certificate, shall
be taken and held to be returnable to the county seat thus
selected.
Election may Sec. 8. If any person or persons, freeholder or freeholders,
be contested jjj ^^iy town or place that may be voted for as the county
seat of said county of Cass, shall desire to contest the validity
of the election of any town or place to be the county seat of
Cass county, he or they shall give notice of his or their inten-
tion in writing to two freeholders of the town or place when
the said election will be contested, within twenty days from
the day of said election, expressing ihe point upon which the
same will be contested, and the contest shall be in all respects
conducted and decided in accordance with the provisions of
an act approved February the twenty-third, one thousand
eight hundred and thirty-three, entitled "an act to amend an
act entitled an act to regulate elections;" Provided, either
party may appeal from the decision of the justices to the cir-
cuit court as in other cases, and the decision of the circuit
court shall be final.

Approved, March 4th, 1843.

In force, AN ACT for the formation of the county of Benton, and for other
Mar. 4, 1843. purposes.

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

, . ^represented in the General Assembly, That n\\ that tract oi' coun-
Boundaries of . -* i . i i • • ^i r ii • u j • *.,•<.

Benton CO. ^U v^"o ^"" being in the loliowing boundaries, to wit;

beginning at the south-east corner of township thirteen, north
of range eight, west of the third principal meridian, thence
north on the county line between Morgan and Sangamon
counties, nine miles, thence west to the south-west corner of
section eighteen, township fourteen north of range eight west,
, thence south one mile, to the south-west corner of section nine-

teen, in the township and range aforesaid, thence west three
miles, thence south two miles, to the north-west corner of sec-
tion three, township thirteen north, range nine west, thence

COUNTIES.

105

west to the north-westcornerof section six, township thirteen
north, .range nine west, thence south one mile, thence west
eight miles, to the Scott countyHne, at the south-west corner of
section two, township thirteen north, range eleven v/est,
thence south to the south-west corner of section eleven, town-
ship eleven north, range eleven west, thence east two miles,
thence south one mile, thence east two miles, thence south
one mile, thence east to the south-east corner of section
twenty-four, township eleven north, range nine west, thence
north one mile, thence east three miles, thence north one
mile, thence east to the south-east corner of section twelve,
township eleven north, range eight west, thence north to the
place of beginning, shall constitute and form a county to be
called the county of Benton.

Sec. 2. That all that tract or part of the county of Mor- Portion of
gan lying and being within the following boundaries and Jached to^ "
limits, to wit: commencing at a point in the centre of thecassco.
main channel of the Illinois river, where a line running through
the centre of townships seventeen north, intersects the same in
range thirteen, west of the third principal meridian, thence
down the centre of the main channel of said river to a point
where the line dividing townships sixteen and seventeen north
intersects the same, thence east with said township line to the »

east side of the county of Morgan, thence north three miles,
to the south-east corner of Cass county, thence west on a line
running through the centre of township seventeen north, to
the place of beginning, be and the same is hereby attached to
the county of Cass.

Sec. 3. At the election to be held in the county of Mor- Two addi-
ffan for members of Congress, on the first Monday in August^^""^^ ^^}'
next, the judges and clerks of election, at the several places of ^ade in pol]
voting in said county, shall rule two additional columns on books at elec-
their poll books, one for the formation of the county of Ben- J^^" for mem-
ton, and for attaching the territory above described to thcgress in Mor-
county of Cass, and one against; and receive and cause gan co.
to be recorded all the legal votes offered for or against the for- Duty of judg-
mation of the said county of Benton, and attaching the said^^*^ clerks
territory to the county of Cass, and return the same with the
poll books to the clerk of the county commissioners' court of j,^"jjj^j.g°pjg°^
Morgan county; the said clerk shall proceed to count the votes of Morgan co.
given for and against the formation of the county of Benton,
and attaching the territory aforesaid to the county of Cass,
and if it shall appear that a majority of all the votes given are
in favor of the formation of the said county of Benton, and
attaching the aforesaid territory to the county of Cass, he
shall make out certificates under the seal of the county com-
missioners' court, and transmit one to the Secretary of State, jjjj^pgjljjjp^j^
and one to each of the clerks of the county commissioners' to Secretary
courts of the counties of Greene, Macoupin, and Cass, which of State
certificate shall be evidence of the formation of the said coun-
ty of Benton, and the attaching of the said territory to the

106

COUNTIES.

Duties of
judges aad
clerks of elec-
tions in
Greene co.

Poll booka re-
turned lo cl'k
of cona'rs
court of
Greene co.

Abstract of
votes made
&c.

Election of
justices and
constables

Co. ofRcers
qualified and
commission-
ed

Term of office

Poll books to
be returned to
Scottville

county of Cass. At the election to be held in the county of
Greene, on the first Monday in August next, the judges and
clerks of election, at the several places of voting in said coun-
ty, shall rule two additional columns, in one of which shall be
entered the votes for, and in the other the votes against the
formation of the said county of Benton, and the said poll books
shall be returned to the office of the clerk of the county com-
missioners' court of said Greene county, and the said clerk
shall, at the time said poll books are opened, proceed to count
the votes given for and against the formation of said county
of Benton, and if it shall appear that a majority of all the votes
given in said county are in favor of the formation of said new
county, duplicate abstracts of the votes shall be made and cer-
tified by the clerk under the seal of the court, and one copy
sent to the Secretary of State, and the other to the county
commissioners' court of Macoupin county; but if it shall ap-
pear that there has been a majority of votes cast in Greene
county against the formation of said new county, that fact
shall be in like manner certified by the clerk and transmitted
to the Secretary of State, and to the clerks of the county com-
missioners' courts of Macoupin and Morgan counties, in which
event this act and every part and parcel thereof shall be null
and void and of none effect; any thing in this act to the con-
trary notwithstanding.

Sec. 4. There shall be an election held at the different
places of voting for justices of the peace and constables in the
limits of said county of Benton, the election shall be conduct-
ed by the judges of election who may have been appointed by
the counties of Morgan, Greene, and Macoupin, and who shall
reside in the limits of the county of Benton, according to the
election laws of this State; at which election the legal voters
of the county of Benton 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 elect-
ed and qualified shall hold their offices until the next ensuing
regular election for such officers as now provided by law, and
shall have the same jurisdiction, and discharge all the duties
in the limits of the county of Benton that are required by law
of similar officers in this State; the said election to be held on
the first Monday in September next.

Sec. 5. That within five days after said election, the judges
of election at the different places of voting shall return the
poll books of said election to the town of Scottsville, directed
to three justices of the peace, in the limits of said county, and
the said justices shall meet in the town of Scottsville within
seven days after said election, and proceed to open said elec-
tion returns, and to do and perform all the duties in relation to
said returns that are required by law of the clerks of the coun-
ty commissioners' courts.

Sec 6. As soon as the county officers shall have been
elected and qualified, as provided for in this act, the county

COUNTIES.

107

shall be considered organized, and the clerk of the county ^°^Q®Jheu°
commissioners' court shall give notice of the same to the judge f Jganiae/"
of the first judicial circuit, who shall appoint a clerk of the
circuit court for said county, and shall hold court in the said
county at such place as may be designated by the county
commissioners of said county, until the county seat of said pj^^^ ^f jj^^j^j.
county is located, as hereinafter provided for. The said coun-ing courts
ty of Benton shall form a part of the first judicial circuit, until
otherwise directed by law, and the judge of said circuit shall Judges to fix
fix the time of holding said courts, and give notice thereol to "™®
the clerk of the said circuit court for said county.

Sec. 7. Suits and indictments that have been commenced, Suits com-
or that may hereafter be commenced, in the circuit courts of ™^"<^®^ ^^
the counties of Morgan, Greene, or Macoupin, by any of the Q^ge^jfe and
citizens living in the limits of the county of Benton before Macoupin be-
the organization thereof, shall not be affected by this act, '^"t^^P^^organizaj
all such suits commenced shall be decided in the circuit court affected
where they were commenced.

Sec. 8. All justices of the peace and constables, elected justices and
in the counties of Morgan, Greene, and Macoupin, who reside constables el-
in the limits of Benton county, shall hold their offices, and have coumie" \l^^
jurisdiction in the said county of Benton, as though they had hold their of-
been originally elected in the said county; and all justices office &c.
the peace and constables elected in Morgan county, and who
may reside in the territory to be attached to the county of
Cass, as provided for in this act, shall hold their offices and
have jurisdiction in the county of Cass as though they had
been originally elected in said county.

Sec. 9. The school funds belonging to the several townships School comV
in the said county of Benton, and all notes, and mortgages, of Morgan,
and other papers pertaining to the same, shall be paid and de- ]\/acoupin to
livered over to the school commissioner of the county of Ben- deliver funds
ton by the school commissioners of the counties of Morgan, «St.c. to com'r
Greene, and Macoupin, so soon as the said county shall be° ^ °
organized, and the school commissioner elected and qualified
according to law, together with all interests arising out of said
money that has not been heretofore expended for school pur-
poses in those parts of the counties of Morgan, Greene, and

Macoupin, now included in the county of Benton, and the „ . ^ , .

*'., r \r I II jji- tecnool com'r

school commissioner of Morgan county shall pay and deliver of Morgan to

over to the school commissioner of Cass county, all moneys, delirer to
notes, mortgages, and other papers appertaining to the school ^°"^^^j°[^^J^^
fund belonging to the citizens residing in the territory pro-ejs&c
posed to be attached to the county of Cass; Provided, said ter-
ritory shall be so attached, together with all interest arising
out of said money, that has not heretofore been expended for
school purposes in that part of Morgan county proposed to
be attached to Cass county.

Sec 10. For the purpose of locating the seat of justice^ , ,
for the county of Benton, the following named persons, to wit: cate co. seat
John W. Hewitt, of Greene county, William S. Hurst, ofofBenton

108 COUNTIES.

Morgan county, and William Chinn, of Macoupin county,

are hereby appointed commissioners, wiio or a majority of

When to meet them shall meet in the town of Scottsville, in said county, on

the second Monday in September next, or within twenty days

To take oath thereafter, and after being duly sworn by some justice of the

peace of said county to the faithful performance of their duty,

shall proceed to examine and locate the seat of justice of said

county at the most eligible and convenient point, having due

If eat of ■ .regard to the present and future interest of said county; and

tice located if said commissioners shall locate said seat of justice upon

upon private private property laid out into town lots, they shall ask and

property laid j-g^jgiye f^oj^ ^he owner or owners of said property two thou-

out into town , , ,, , t i i .. ^ ^ ^ < . r

lots sand dollars to be applied by the county commissioners oi

said county in the erecting of public buildings, and if they
Not laid out shall locate the said seat ot justice on private property not
laid out into town lots, they shall secure from the owner or
owners thereof a good and sufficient title to the county of
Benton for twenty acres of land upon which said county seat
shall he so located.

Sec. 11. The county commissioners of said county, if said
Com' to la ^^^^ of justice should be located on private property not laid
out town lots out into town lots, shall proceed to lay out said twenty acres
into town lots with a proper public square for public conve-
nience, and after giving due notice proceed to sell said lots or
such portion thereof as they may deem for the interest of said
county, the proceeds of which shall be applied, under their di-
rection, to the erection of publin buildings for said county.
Legal voters Sec. 12. Until the next apportionment of the representa-
when and t[yes the legal voters residing within the boundaries of the
county of Benton shall continue to vote for senators and rep-
resentatives with the counties of Morgan, Macoupin and
Returns of Greene, the same as if no division of said counties had taken
election how place, and the returns of said election shall be made to the
made clerks of the county commissioners' courts of said counties of

Morgan, Macoupin and Greene, respectively.

Sec. 13. Nothing in this act contained shall prevent the
collection of the proportion of the indebtedness of the county
This act not of Morgan which may be due and uncollected from and in that
lect^Sn^orlri- P^^'^^^" of the county of Morgan which may be divided off to
debtedness of the county of Cass, and that which may be divided ofi' to
Morgan CO. form a portion of the county of Benton, up to the time the
division may be made. Said proportions of indebtedness up to
said division may be collected any time after the said divi-
sion may be made in the same manner as if no division had
taken place.

Approved, March 4th, 1813.

COUNTIES. COUNTY COMMISSIONERS' COURTS. 109

AN ACT to extend the jurisdiction of the several coiintiea bordering on In force,

the Mississippi and Wabash rivers. Mar. 4, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all the counties of
this State, or which shall hereafter be erected, which are or jurisdiction
shall be bounded, or which may fronton either the Mississippi of counties
or Wabash rivers shall respectively have and exercise jurisdic-!j?."".^^'!^ ^Y
tion upon such rivers so far as the counties shall respectively &^ Wtfbash
be bounded by the rivers aforesaid; which jurisdiction shall be
exercised concurrently by the counties aforesaid with the
contiguous States and territory bounded by said rivers, so far
and to such extent as the said rivers shall form the boundary
of the counties aforesaid, respectively, and also, the boundary
between this State and contiguous States or Territories.

Approved, March 4th, 1843.

AN ACT to legalize certain acts of the county commissioners of Lake In force,

county. Jan. 19, 1843,

Whereas, Nelson Landen was re-elected to the office of
county commissioner of Lake county on the first Monday
in August, one thousand eight hundred and forty-one; and
whereas, the said Landen proceeded to call a special term
of the county commissioners' court of said county
previous to his taking the oath of office; and whereas, in
consequence of the informality of said call, said special term
of said court has been declared by the circuit court of said
county to be illegal; therefore,

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all the acts of said
commissioners' court, at the said special term, held on the six- Acts of co.
teenth and seventeenth days of August, in the year of our J^"™!!^ ^j""*"*
Lord one thousand eight hundred and forty-one, be and the °^ ^^
same are hereby declared as legal and binding to all intents
and purposes, both in law and equity, as if the said Nelson
Landen had been qualified and sworn previous to calling the
said term of said court.

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

Approved, January 19th, 1843.

AN ACT to authorize the county commissioners of Tazewell county to In force

appoint an agent or agents for certain purposes therein named. Feb. 3 1843.

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the county commis-
sioners of Tazewell county be and the same are hereby au-
thorized to make, constitute, and appoint, one or more agents

110

COUNTY commissioners' COURTS.

Tanewell co.
authorised to
purchase
iands sold to
satisfy liens
in favor of
said eo. and
sell the same

Deeds how
executed

Purchases
ujade by J.
H. Morrison
ratified

to purchase, in the name of said county commissioners, any
lands or town lots that may be sold under any decree of court,
or otherwise, to satisfy any lien or liens in favor of said county
of Tazewell, and the said county commissioners shall have
power to grant, bargain, sell, and convey, for a valuable con-
sideration for the use of said county, any or all of said tracts
of land and town lots, to any person or persons with whom
they may so contract, they making and executing in their offi-
cial capacity to the purchaser or purchasers, a good and suffi-
cient deed or deeds, and all other necessary acquittances and
title papers for perfecting said transfers.

Sec. 2. That the said county commissioners be and the
same arc hereby further authorized and empowered by an
order of the said court, entered of record, to ratify and con-
firm any or all purchases which may have been made of any
lands or town lots, by John H. Morrison, clerk of the aforesaid
county commissioners' court, by reason of sales heretofore
made under decrees of court or otherwise, and hereby ratify-
ing and confirming his said acts aforesaid, and giving him the
same powers in the premises as are here granted to agents in
the first section of this acl; also, giving the said county com-
missioners power to accept and receive his said purchases of
lands and town lots the same as though he had acted under
an order of said court, by them first made for that purpose.

Approved, February 3d, 1843.

In force, AN ACT to authorize the county commissioners of the county of Bureau to
Feb. 23, 1843. borrow money.

Sec 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That the county com-
Co.com'rs of "^^^^^^^^^^ of the county of Bureau be and they are hereby
Bureau auth- authorized to borrow any sum or sums of money, not exceed-
rJw^^fs'ooOfor^"^^^® thousand dollars 'in all, for the purpose of building the
'thrpurpose of *^^" ''^ ^ouse now under contract in said county; Provided,
completing that said commissioners shall not pay more than twelve per
court house cent, interest on the money so borrowed.

Approved, February 23d, 1843.

In force, AN ACT to authorize the county commissioners of Fulton county to collect
Mar. 1,1843. certain moneys therein named.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the county com-

Fniton ma" °'^'^l^^'°"^^^ ^^ ^^^ county of Fulton, and their successors in
collect m'oney office, are hereby authorized to collect any amount of money
loaned that they have loaned or that may be loaned from the county

COUNTY commissioners' COURTS. Ill

treasury in pursuance of an order of the county commission-
ers' court of said county, at their June term, A. D. one thou-
sand eight hundred and forty-two.
Approved, March 1st, 1843.

AN ACT to authorize the county commissioners of Jackson county to bor- In force,

row money for certain purposes therein named. Mar. 1, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the county commis-
sioners of Jackson county are hereby authorized to make a Com'rs autho-
loan of money on behalf of the county, of any person or per-rised to make
sons not to exceed three thousand dollars; which money, ^^^'^
when so borrowed, shall be applied to the erection of a court
house in said county and for no other purpose. This act to
take effect from and after its passage.

Approved, March 1st, 1843.

AN ACT to authorize county commissioners' courts to assess taxes for road In force,

purposes. Mar. 4, 1848.

Sec 1. Be it enacted by the People of the Slate of Illinois,
represented in the General Assembly, That hereafter the^^^ com'ra
county commissioners' courts of the several counties in this not to levy a
State, in levying a tax for county purposes, shall not exceed ^'J^^^e^xc^edmg
fifty cents on every one hundred dollars worth of taxable pro- ^^ jqq JqJ,
perty, in their counties respectively; and at the time of fixing lars worth of
upon the amount of tax to be assessed and collected for Property
county purposes the said court may, in their discretion, set apart May set apart
any amount of the tax so levied for county purposes, not ex-one-halffor
ceedingone half of said levy, for road purposes, which taxes ^^^^^ P"^P°^^«
so levied and set apart may be discharged in labor in pursu-
ance of the provisions of "an act concerning public roads,"
approved February 20th, 1841; Provided, that the county prg^igo
commissioners' courts of the several counties in this State may
allow to every such person a sum not exceeding one dollar
per day, in discharging the road tax herein authorized to be
assessed and set apart for road purposes; Provided, further,
that nothing herein contained shall be so construed as to pre-
vent the county commissioners from requiring road labor to
be performed as provided in the fourteenth section of the above
recited act; the taxes herein provided to be assessed shall be
collected in the same manner and at the same time as now
required by law.

Sec. 2, All lawsand parts of laws of a general nature, com-
ing within the provisions of this act, be and the same are
hereby repealed.

Approved, March 4th, 1843.

112

COUNTY FUNDS.

In force, AN ACT for the regulating of county treasuries and county funds.

Feb. 25, 1843.

Sec. 1. Be it enacted hy the People of the State of Illinois j
represented in the General Assembly^ That the county corn-
Co. com'rs to missioners' court of each and every county in this State
settle with shall, at their June term, one thousand eight hundred and

treasurer forty-three, and every six months thereafter, settle with their

ODC6 in SIX •/ ' •' '

months county treasurer, and count the funds then in the treasury of

their county, and the clerk of said court shall then enter on
the records of said court the amount and kinds of funds
found to be in the treasury at the time.
Defaulting Sec. 2. Should the treasurer, at any such settlement, prove

treasurer to a defaulter, and actually in arrears with the county, the
be dismissed county commissioners shall immediately dismiss him from
office, and commence suit against him on his official bond.
Sec. 3. The county treasurer of each county in this State
Treasurer to gj^^]] furnish himself with a cash book, in which, after the first
account ^^J ^f June next, he shall enter the amount and description

of all moneys coming to his hands, particularly noting the
time when and of whom received.

Sec. 4. The county commissioners' court of any county in
Com'rs may ^^^^ State may, at any time when any two of them think it
call on treasu- for the interests of the people of their county so to do, call
rer for settle- through their clerk upon the treasurer of their county for a
move him if* settlement, and should said treasurer neglect or refuse to ap-
he neglects or pear and make settlement as notified to do, said commis-
refuses to at- gj^^^gj-g s\\?i.\\ declare his office vacant, and proceed upon his
bond as required to do by the second section of this act.

Sec 5. Should the county commissioners' court of any
county in this State be of opinion that the treasurer of their
county has at any time used the funds of said county when
treYsi^r^e^°"on^ currcnt, and re-placed the same in depreciated funds, they
oath in rela- shall have the power to examine said treasurer under oath as
tion to CO. touching said transaction, and if it shall appear he has
^ parted with any current funds belonging to the county, and

replaced the same with funds less valuable, they shall imme-
diately dismiss him from office.

Sec 0. Should any county treasurer be dismissed from
office pursuant to the piovisions of this act, it shall be the
On removal of duty of the county commissioners' court to appoint some suit-
treasurer his ^11 pgps^^ to till the vacancy so occasioned, and the person
successor r . , , ,, . , , •' , -^ • j i

shall he ap- SO appomted shall give bond and security as now required by

pointed law of county treasurers, and shall perform all the duties

enjoined upon the county treasurer until one is elected and
qualified. This act to be in force from the day of its pas-
sage.

Approved, February 25th, 1843.

COUNTY SEATS. 113

AN ACT permanently to locate the county seat of Mason county. In force,

Jan. 14, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly , That on the second ^^"P'^^°'^°*^
Monday in February, A. D. 1843, there shall bean election
held at Havana, James Walker's, Lynchburg, and Bath, in the
county of Mason, and the judges and clerks of the different
election precincts in said county are hereby authorized to
open poll books and receive votes at said places for the towns
of Havana and Bath in said county, as candidates for the seat
of justice for said county.

8ec. 2. The election provided for in the foregoing section ^''"P"^'^" of
shall not be held unless the proprietors or friends of said town cue bonder
of Bath shall execute and deliver to the clerk of the county deed
commissioners' court of said county a good and sufficient bond
ibr a block of lots on which to erect the public buildings in
said town, and said proprietors shall also on or before the first
day of February, A. D. 1843, make, execute and deliver to To execute
said clerk their promissory note with good and sufficient secu- "°^^
rity to be approved by said clerk, and said note shall be drawn
in substance, as follows: *'$'iOOO. Six months after date, we ^'''"'" °^ "^^^
or either of us, jointly and severally, promise to pav George
T. Virgin, John R. Chaney, and Amos Smith, or their order,
county commissioners of the county of Mason, or their suc-
cessors in office, for the use of the county of Mason, the sum of
one thousand dollars for value received, dated Mason
county, Illinois, February the first, A. D. 1843;" and if the
town of Bath shall receive the greatest number of votes for
county seat, the clerk shall deliver to the county commission- Note & bond
ers said note and bond; \vhich note and bond may be sued 'o be deliver-

and collected the same as other notes and bonds, and acertifi- ^^ ^? ^°*

com rs
cate from the clerk of the county commissioners"' court of said

county certifying that the aforesaid note and bond have been

filed in his office, v»ith good and sufficient security approved

by him, shall be deemed sufficient evidence to authorize the

judges and clerks of election to open poll books at the several

places in said county for holding the election as aforesaid.

vSec. 3. If the clerks and judges shall refuse to open a col- Poll book In
umn and receive votes for the town of Bath, after a certifi-^^^""" ?^^"^
cate duly certified agreeable to the provisions of the second ^'^ rpjec et
section of this act shall be deposited with them, the poll book
of said precinct shall be rejected.

Sec. 4. No person shall vote at the special election provi- Qualification
ded for by this act except such persons were residents and "footers
legal voters of said county of Mason on the first day of Janu-
ary, 1843, and shall continue to reside in said county up to the
time of said election.

Sec. 5. The returns of said election shall be made to the Returns how
clerk of the county commissioners' court, as provided for by made
law in relation to other elections, and said poll books shall be
opened and compared by said clerk and two justices of the
8

114 COUNTY SEATS.

peace of said county, and two abstracts shall be made out and
certified and subscribed by them, and one shall be filed by
said clerk in his office and the other transmitted to the Secre-
tary of State.
Mode of con- Sec. 6. In case the friends of either of said towns shall be
testing elec- dissatisfied with the abstracts m;'de out by the clerk and justices
^^°° as aforesaid, and shall wish to purge the poll books by prov-

ing ofFillegai votes, William H. Nelmsand Benjamin H. Gat-
tan shall be considered as representing the interest of the town
of Bath, and N. J. Rockwell and H. L. Ross as representing
the interest of the town of Havana, and either of said parties
may give notice to the other in writing, at any time within ten
days after said election, which notice shall specify the time
that said contest shall take place, not to exceed twenty days
from the time of said election; and in the event of a contest
as aforesaid, John Camp, probate justice of the peace, Ira Pat-
terson and Pollard Simmons justices of the peace, in and for
1 said county of Mnson,are hereby authorized and required to
meet at the town of Malanzas at the time specified in the
aforesaid notice, and proceed to hear and determine, from the
testimony adduced before them, which of said towns has re-
ceived the greatest number of votes for county seat. Said jus-
tices are hereby authorized to issue subpoenas, swear wit-
nesses, and compel their attendance, and if either party shall
be dissatisfied with the decision of said justices they shall be
allowed an appeal to the circuit court of said county.
Vacancy may Sec. 7. If either of said justices shall refuse or neglect to
be filled attend at the time and place of trial, the vacancy may be filled

by the other justices.
Offices to be Sec. 8. If the town of Bath shall receive a majority of the
kept at CO. jg^j^j votes polled at said election, it shall be the duty of all
officers required bylaw to reside atthe county seat to remove
their offices, together with the books, papers, and records ap-
pertaining to the same, to the town of Bath, between the 2(Jth
day of June and the 4th day of July next.
Note and {^iJec. 9. If the county seat shall be removed from Havana

turned^ ''^'^^to Bath, the county commissioners shall return the note and
bonds given by the proprietors of Havana to said proprietors,
and the same shall be null and void.
N t' e of ^i^c. 10. The clerk of the county commissioners' court of

election said county of Mason shall give notice of the time and place

of holding the election provided for by this act as in case of
other elections.

Sec 11. This act shall take efTect and be in force from and
after its passage.

Approved, January 14th, 1843.

COUNTY SEATS.

.115

AN ACT for the permanent location of the county seat of Lake county. In force,

Jan. 19, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Jlssemhly, That the county seat of ^^°^g^°° J*^
Lake county be and the same is hereby permanently located LittleVort
at Little Fort, on the site selected by the county commission-
ers of said county, in pursuance of an act in force February
nineteenth, one thousand eight hundred and forty-one.

Approved, January I'Jth, 1843.

AN ACT to authorise the removal of the seat of justice of McHenry In force,

county. Feb. 6, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That an election shall be Election for
held in the county of McHenry on the first Monday of August, removal of
eighteen huadred and forty-three, at the usual places of hold-^"* ^^'^^
ing elections in said county, for the removal of the seat of jus-
tice of said county ; at which time and places the legal voters of
said county shall vote for such place as they respectively de-
sire should be the seat of justice of said county; at which elec-
tion the clerks thereof shall open upon their respective poll Poll books
books as many columns as there may be places voted for, for "^^ preparet
the seat of justice of said county, and the said election shall be
conducted, and the returns thereof made in the same manner
as is provided in ordinary cases of the election of justices of
the peace for said county; the clerk of the county commis-
sioners' court of said county shall, immediately after the re- Manner of
ceipt by him of the election returns, in the presence of two "^""^."^""f^ ,
justices of the peace of said county, open the said election re-niakinfr re-
turns, compare them, and certify the same to the county com- turns
missioners' court of said county; and if it shall appear from the
returns of said election, that a mEijority of the legal voters of Majority vo-
said county are in favor of the seat of justice of said county re- JJIfovar^s^ea^
maining where the same is now located, then no further pro- of justice to
ceedings shall be had, but the seatof justice of said county shall yemain where
be and remain where the same is now located. ^' now is

Sec 2. if it shall appear from the aforesaid election returns jfg^ ^j^er
that the place where the seat of justice of said county is now place receives
located, has not leceived a majority of the legal votes polled^ majority of
at said election in favor of the same remaining the seat of ^^t^on^to be
justice of said county, but that some other one place has re- made
ceived a majority of said legal votes in favor of the seat of jus-
tice of said county being removed to the same, then it shall
be the duty of the county commissioners' court of said county
to cause proclamation of such fact to be made, and published
in some public newspaper published in said county, or to be
posted on the door of the court house of said county for thirty
days; but if it shall appear from said election returns, that
neither place voted for shall have received a majority of the

116 COUNTY SEATS.

No place re- aforesaid votes in favor of being the seat of justice of said coun-
i^^rYtj arioiiler ^y? ^^^^^^ ^^ election shdll be held in said county on th3 first
election to be Monday of September, eighteen hundred and forty-three, at
held the first [^le Same places, and to be conducted in the same manner, as
SepL^'l843 ^^ provided in the first section of this act for the election there-
in named; at which time and places the legal voters of said
The two pla- county shall vote for one of the two places only which received
ees receiving ^j-jg i^iahest number of votes at the previous election, and the
highest vote , ^ . . ^i i • i ^ i /■ . . • i i i

only tobevo-P«ace rcceivmg the highest number oi votes at said last elec-
ted for, and tion in favor of bcnig the seat of justice of said county shall

the one of thereafter be the perinarjcnt seat of justice of said county, and
such two re- ,,,,,,. J * ^ . ^ *^ . , , ^ "^r • i

ceiving a ma- it shall be tue duty 01 the county commissioners court ol said

jority lo be county to cause proclamation of the result of the last aforesaid

the CO. seat election to be made, in the same manner as is hereinbefore

provided, in case of any place receiving a majority of all the

votes at the first aforesaid election.
No place to Sec. 3. It shall not be lawful at either of the aforesaid elec-
be voted for ^ tionsfor any place, except the place where the seat of justice of
unless propn-gaid county is now locatecl, to be voted for for the seat of ius-

etors enter. . ."

into bond to tice of said county, unless the proprietors thereof, or some
erecr public other persons, shall have filed in the office of the clerk of the
buildings ^c. ^^^^^^ commissioners' court of said county, during the June
term of said court, in the year eighteen hundred and forty-
three, a bond with good security, and with suflicient penalty
to be approved and accepted by the aforesaid court, condi-
tioned that they will convey or cause to be conveyed to the
county com.missioners of said county, for the use of said coun-
ty, two acres of land, free ol incumbrance, situated in the
place to be voted for for the seat of justice of said county, and
suitable for the erection of the public buildings of said county
thereon, by a good and sufficient warrrmty deed of convey-
ance; and also that they will erect, or cause to be erected,
thereon a court house an"! jail, as good and valuable as those
now erected in said county, within one year from the time of
the location of said seat.ot justice, in case the said place sliali
receive a majority of all the votes given for the seat of justice
of said county at either of the aforesaid elections.
Co. com'rs to ^Ec. 4. It shall be the duty of the aforesaid commissioners
superintend to superintend the erection of the aforesaid court house and
'^^M''"!! ^'\\ J^^'' '^^^ ^^ enforce the performance of the conditions of said
^ao-3^ bond, and if the same shall be specifically complied with, to

accept the said court house and jail, and thereupon they shall
Proclamation cause proclamation to be made and published in some public
to be made newspaper published in said county, or to be posted up in
five of the most public places of said county, declaring and
making known, that from and after a day to be therein nam-
ed, not exceeding thirty days from the date thereof, the seat
of justice of said county shall be and remain permanently lo-
cated at the aforesaid place, when said court house and jail
shall have been erected, as provided in this act.

Sec. 5. The seat of justice of said county shall be and re-

COUNTY SEATS. 117

main at the place where the same is now located until the Co*.^^^^ ^^^ r^-
day appointed for the removal of the same in the pi'oclama- ™^^^y"j^jJ,Y^^^
tion to be issued under the preceding section of this act. tice is given

Approved, February 6th, 1843.

AN ACT for the remcval of the county seat of Henry county. In forco,

Feb. 21, 1843.
Whereas, in conformity with "an act to legalize the acts of

certain officers of Henry county and for other purposes," Preamble
passed February first, one thousand eight hundred and for-
ty, the commissioners therein named did, some time in
the month of August following, locate the seat of justice of
said county at Morristown; and whereas, the said location
failed to give general satisfaction, and a majority of the
legal voters of said county have petitioned for a removal of
said scat of justice from Morristown to the south-cast quar-
ter of the north-west quarter and the north-east quarter of
the south-west quarter, o/" section ni:imber seven, in town-
ship number fifteen north of the base line, of range number
three, ease of the fourth principal meridian; therefore,
Sec. 1. Be it enacted by the People of the Slate of Illinois^
represented in the General Assembly, That the seat of justice ^^o. seat of
of said county shall be removed from Morristown to the said""^' co. re-
south-east quarter of the north-west quarter and the north-east
quarter of the south-west quarter, of section number seven, in
township number fifteen north of the base line, of range num-
ber three, east of the fourth principal meridian, so soon as a
good and sufficient general warranty deed, conveying said
land in fee simple to the county commissioners of said county
and their successors in office, for the use of said county, shall
have been duly executed and delivered to the said county
commissioners by the owner or owners thereof; which shall
thereafter be and remain the permanent seat of justice of said
county.

Sec. 2. It shall be the duty of the said county commission- Co. com'rs to
ers, immediately after the receipt of the deed for the ]and f°"^^^^^^^"^

r I "^ 1 II ^ , r . 1 1 1 J 1 '" ""^ survey.

aforesaid, to cause the whole or any part ot said land to be erl into town
surveyed into town lots upon such plan as may be agreed on lots and soM
by them, and to advertise and sell the same at such time auvj
on such terms as they may deem most for the interest of the Proceeds of
county, and the proceeds of said sale, or so much thereof as "'j!*^^ ^°"^ ^P'
may be necessary, shall be applied to the erection of a ccjurt"^^^
house and jail for said county.

Sec. 3. The county commissioners' court and the circuit Courts to he
court of said county shall hold their respective terms of court held m ^tnr-

at Morristown until suitable buildings for the accommodation "^^[',V" '^'^^

r -J I II I . 1 i xi , i. u buildinjrs are

01 said courts shall be erected at the county scat now estab- ejected at co.

lished by this act. and the several public officers of said county scat
arc hereby authorized and permitted to reside at their respec-

118 COUNTY SEATS.

live places of residence until suitable buildings for the trans-
action of the official business shall also be erected.
Co. com'rs to Sec. 4. The county commissioners of said county are here-
refuud land by required, within twelve months from the passage of this
^>en°'(iona-° ^^^' ^^ ^^ convey all lands, lots,and other property, and refund
ted lo county '^U moneys to the donors thereof which may have been given
in certain ca- to the said county in consideration of the location of said
*^' county seat at Morrislown.

Approved, February 2 1st, 1843.

In force, AN ACT for the removal of the county seat of Crawford county.

Feb. 23, 1H43.

Sec 1. Be it enacted by the People of the State of Illinois^
Legal voters represented in the General Assembly^ That at the general elec-
may vote for ^^^" \"^^\A in the county of Crawford, on the first Monday in
ora?:aingt re- August next, the legal votcrs of said county shall vote for and
movalofco. against a removal of the seat of justice of said county; and if
it shall appear from the returns of said election that a major-
ity of all the votes given are not in favor of such removal, no
further proceedings shall be had, but said seat of justice shall
remain at Palestine, as now established by law.
If removed an Sec. *2, If it shall appear that a majority of all the votes
held to estab-S'^^"^ ^^ ^^^^ election shall be in favor of a removal of the seat
lish location of jujtice from Palestine, there shall be an election held in
the said county within thirty days thereafter, to be conducted
as other elections are, when the qualiiied voters of said county
shall vote for the establishment of said seat of justice at such
place as they may think proper: and the place receiving the
majority of all the votes shall be the permanent seat of justice
of said county.
Donations for Sec. 3. At least twenty days previous to such election do-
be offered"^""^"^^^""^ may be offered, viz: persons offering donations for
said county seat shall file with the clerk of the county com-
missioners' court a good nnd sufficient bond to the acceptance
of said officer, binding themselves to donate a quantity of
land, not less than forty acres, binding themselves, their heirs,
and assigns, to make to the county a deed in fee simple, with
covenants of general warranty for the land proposed to be do-
nated as aforesaid, to be executed and delivered within one
month after the location of the county seat thereon, and such
land shall not only be described in the bond, but clearly desig-
nated and defined by metes and bounds with sufficient land
marks at the time of filing the bond, that any person wishing
may view the same.

Sec. 4. In case it should be decided at the said second elec-
Co.fceat to be|.-Q^ that a majority of all the voters hnve selected a place for

purvcvcvi into j •' ■*

lowp lots and the rc-location of the county seat of said county, then the

sold county commissioners shall immediately cause to be surveyed

into town lots as much of said land as they may deem advisa-

COUNTY SEATS.

119

blc, rind afcer reasonable notice, proceed to sell the same upon

such terms as they may deem best for the interest of the Proceeds of

county, and contract for the buildingof a suitable courthouse, ^^I^J^"^ ^P"

jail, and such offices as may be necessary at said new county '^^^

seat, and shall, witliin six months after such re-location, give

notice signed by the clerk of said court that within thirty

days thereafter all the books, offices, and records of said county

will be removed to said new town.

Sec. 5. If at the said second election there should not be a Second elec-
majoriiy of all the votes given in favor of any particular place, !j^" ^° ^® ^?^
it shall be the duty of the clerk of the county commissioners' jg g^ed upon
court forthwith to advertise for another election, to be held at first elec-
within thirty days thereafter; at which election the votes shalP^^"^
be given only for the two places having the highest number
of votes at the previous election, and so soon as the result of
said election shall be ascertained the county commissioners
shall proceed as provided in the fourth section of this act.

Sec. 6. It shall be lawful for the county commissioners ofLotshoweold
said county to lay off the whole of the land which may bedo-''°^ ^^'"^ °^
nated for such county seat into town lots, if they think best,
or dispose of a part as out-lots of one acre or more, or they
may reserve from immediate sale such part of said town or
out-lots, or land, until it may be to the interest of the county
to sell the same.

Sec. 7. It shall be the duty of the county commissioners' Com'rs court
court to cause special eniries to be made of record of the re- to record re-
sult of said elections, and file and preserve said returns and ^"^Jf^j^j^g®^"
poll books for inspection.

Sec. 8. If any person shall be of the opinion that illegal Election may
votes have been given for the removal or re-location of said ^® contested
seat of justice, it shall be lawful to contest the same by giving
fifteen days previous notice, by public advertisement in six of
the most public places in the county, stating the names of all
persons suspected to have given illeo;al votes, and also, the
name of the magistrate before whom depositions will be
taken; and the county c^mmis?ioners shall open and examine
said depositions when setting as a court, and determine whe-
ther the result of said election would be changed by the re-
jection of illegal votes proved to have been given, from whose
judgment an appeal may be taken to the circuit court ofsaid
county, who shall hear and determine t'.ie same, from whose
decision there shall be no further appeal.

Approved, February 24th, 1843.

AN ACT in relation to the county seat of Jackson county. In force,

Feb. 24, 1843,

Sec. 1. Be it enacted hy the people of the State of Illinois^

represented in the General A ssembty^ That Samuel T. Russell, of

Williamson county, William C. Murphy, of Perry county, and

120 COUNTY SEATS.

Com'rs ap- John Cochran, of Union county, be and they are hereby ap-
Jocate co" ^^"P^^"^^^^ commissioners to re-locate the county seat of Jackson
seat county.

When and ^Ec, "2. Said commissioners, or a majority of them, shall

where to meet meet in the town of Brownsville, on the second Monday in
August next, or within a reasonable time thereafter, and after
being duly sworn to the faithful discharge of their duties, shall
proceed to examine such part.-! of said county as they may
think proper, to enable them to locate said county scat for
the public good; the commissioners shall make said location as
near the centre of said county as an eligible site can be pro-
cured, taking into consideration the public interest. The
commissioners shall make out and return to the clerk of the
county commissioners' court a certificate of there-location of
said county seat, which shall be recorded by the clerk.
Donation to ^EC. 3. If the location of the county seat shall be made on
be made iflo- private properly, the owner shall be required to donate a tract of
cated on pri-Jand, not less than twenty acres, which shall mclude the town
property ^.^^ selected by said commissioners, and shall convey the same
by a good deed to the county of Jackson.
Land to be ^Ec. 4. The county commissioners of Jackson county, as soon
laid off into as the county seat is located under the provisions of this act,
lots and sold g}j^j| pj-Qceed to lay ofTinlo lots and sell so much of the said
tract of land as may seem to them best for the interest of said
county, vvhich shall be sold at public auction, after having giv-
en due notice of the time and place of said sale. The pro-
Proceeds of ceeds of the sale to be applied, under <-he direction of the
plied °^^ ^^' county commissioners, to the erection of public buildings tor

said county.
Co. offices to Sec. 5. After the county scat shall have been located, as
be removed provided for in this act, the county officers of Jackson county
to CO. seat ^^j^^ ^^^ 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
located.
Public prop- Sec 6. On the removal of said county seat, the county
erty in commissioners of Jackson county shall give public notice, and

k)"be sold"^ proceed to sell to the best bidder all the public property own-
ed by the county in the ^own of Brownsville, and the pro-
ceeds of all such sales shall be applied to the erection of pub-
lic buildings, under the direction of the county commissioners,
at the county seat, when located under the provisions of this
act; Provided, that they may retain the jail until they shall
think it necessary to build a jail at the county seat when
located.
Court hors ^^^' '^' ^^^^ county commissioners shall, immediately on the

& other pub- location of the county seat, proceed to cause to be erected at
He buiI(lini;-9 the county seat, a suitable court house, and other necessary
to be erected i^yji^ji^gj, fop pLiblic uses, which shall be prosecuted with all
reasonable diligence.

Sec. 8. The commissioners appointed by this act to re-locate

COU.NTY SEATS, 121

the county seat of Jackson county, shall be allowed a reason- ^^mpensa-^
able conDpensation for their services, to be paid out of the trea- *^°" '° comra
sury of Jackson county.

Sec. 9. If the county seat shall be located on public land, the I^ located on
commissioners shall inform the county commissioners thereof, f," '^ °

J 7 [Jig scxruG to

who shall immediately procure the purchase of said land for he purchased
the county, upon which they shall cause a town to be laid off, by county
and the lots sold, the proceeds of which shall be applied to the
erection of public buildings.

Sec. 10. That at an election to be held in the county of ejection to
Jackson, on the first Monday in August, the judges of said be held for op
election in the several precincts shall open a column in their ^^J^'^^^ '■^'^°"
poll books, in which they shall be required to record nil the
votes of the legal voters of said county, for or against the re-
moval of said county seat, and return the same to the clerk
of the county commissioners' court, who shall, in the presence
of two justices of the peace, open and examine the same , and
if there shall be a majority of the voters in favor of the re-
moval of the said county seat, this act to be in full force and
virtue, and if a majority of the voters of said county be oppos-
ed to the removal of said county seat, this act to be null and
void.

Approved, February 24th, 1843.

AN ACT to provide for the permanent location of the county seat of Win- In force,

nebago county. Feb. 25, 1843.

Whereas, a majority of the voters of Winnebago county have p
in pursuance of an act of the Legislature, entitled *'an act to
re-locate the county seat of Winnebago county,''' approved
March second, one thousand eight hundred and thirty-nine,
voted for the permanent location of the county seat of said
county at Rockford, in said county; and whereas, doubts
have arisen as to the construction of said act; therefore.
Sec 1. Be it enacted by the People of the State of Illinois, ^^/^^^^ ^^

represented in the General Assembly, That the county seat of p^|"g^j^^lf^jj.

Winnebago county is, and it is hereby declared to be, perma- edaiRock-

nently located and established at Rockford, in said county. ^"""^
Approved, February 25th, 1843.

AN ACT to permanently locate the seat of justice of the county of in forcp

Whiteside. Feb . 28, 1843.

Sec 1. Be it enacted by the People of the Slate of Illitiois, coni'>rs to lo-
represented in the General Assembly^ That G. W. Harrison, of cate co.seat
Jo Daviess county, Joshua Harper, of Henry county, Leonard ^^ Whiteside
Andrus,of Ogle county, John McDonald, of Jo Daviess county, ^°' •''PP"^°^^
and R. H. Spicer, of the county of Mercer, be and they are

122

COUNTY SEATS.

When and
where to meet

To make re-
port to com'rs
court of said
county

Proviso

Co. seat laid
oflf into town
lots Si, sold

Com'rs shall
build public
buildings

Com'rs may
locate o. seat
at any town
already laid
off

Donation in
such case

Compensa-
tiuQ

hereby appointed commissioners to locate the county seat of
Whiteside c«->unty.

Sec. 2. Said commissioners, or a majority of them, shall
meet at the town of Albany, in said county of Whiteside, on
the first Monday of May next, or within thirty days thereafter,
and after being duly sworn to locate said county seat at the
place which will most conduce to the public good of said coun-
ty, shall proceed to examine such parts of said county as they
may think proper, to enable them [to] locate said county seat
for the public good; and when said commissioners, or a ma-
jority of them, shall have made such location, they shall make
out and return to the clerk of the county commissioners' court
of said county, a certificate of such location; which shall be
recorded by the clerk of the county commissioners' court in
his oflice; Pi^ovided, said commissioners shall in no case locate
said county seat at any place where a donation of land of not
less than eighty acres upon which to locate said seat of justice
can be secured to the county for county purposes.

Sec. 3. If said county seat shall be located at a place where
no town has heretofore been laid oflf", it shall be the duty
of the county commissioners of said county, to cause the same
to [be] laid off into town lots, and the plat thereof recorded ac-
cording to law, and shall thereupon proceed to sell at private
or public sale such portions of said town lots, and at such times
and on such terms as they may deem calculated to produce
the greatest amount of money, and be conducive to the best
interest of the county. •

Sec. 4. The county commissioners of said county shall, as
soon as convenient after the location of said county seat, cause
to be erected at said county seat a suitable court house and
other necessary buildings for public uses, and all the public
officers of said county, who by law are required to keep their
offices at the county seat, shall, so soon as they can procure
suitable places for keeping their offices, remove the same to
the county seat so located.

Sec. 5. The commissioners appointed by this act to locate
the seat of justice aforesaid, may locate the same at any town
already laid out in said county, if in their judgment it is suita-
ble forsaid county seat; Provided, the proprietors of said town,
or personsinterested therein, will secure to the county such do-
nations as have been heretofore offered by said towns respec-
tively, for the location of the county seat of said county under
the act entitled "an act to locate the county seat of White-
side county, and provide for the election of county officers,'*
approved February 21st, 1839.

Sec G. The commissioners appointed by this act to locate
the county seat shall each be paid the sum of three dollars
per day out of the county treasury of said county, for each
day they may be employed in making said location.

Approved, February 28th, 1843.

COUNTY SEATS.

123

AN ACT permauently to locate the county seat of Woodford county. In force,

Feb. 28. 1843,

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That James K. Scott, of Com'rs to lo-
De Witt county, Joseph L. Sharp, of Fulton county, and John^^'^,^°*jJ^^^
H. Harris, of Tazewell county, be and they are hereby ap- county
pointed commissioners, whose duty it shall be to locate a per-
manent seat of justice in and for the county of Woodford.

Sec. 2. The said commissioners, or a majority of them, shall Qom'rs to
meet at the present county seat of said county, on the first meet and pro-
Monday of June, A. D. one thousand eight hundred and forty- ^^^^^J^^*^*^^'®
three, who, after being duly*" sworn by some justice of the
peace of Woodford county, faithfully to take into considera-
tion the geogr-^phical boundaries of the county, the conve-
nience of the inhabitants, the settlements that are or hereafter
may be made, the eligibility of situations, and such other
rights as they may think proper, shall proceed to fix upon a
place for the permanent location of the county seat for said
county of Woodford.

Sl-c. 3. The said commissioners, or a majority of them, are May locate
hereby authorized to locate said county seat in any town now ^^™^J^^°^
laid otTinto lots; Provided, that the proprietor or proprietors
thereof shall donate, and with covenants of general warranty
to said county of Woodford, lots of an equal value to fifteen
hundred dollars in cash.

Sec 3. If said commissioners shall locate said seat of jus- Donation to
tice upon private property not laid out into town lots, they ^e made if
shall ask and receive from the proprietor or proprietors a do- .^j^^g ^
nation in land or money equal to fifteen hundred dollars; iftheeny
donation be in land the title to be secured by deed to said
county.

Sec 5. If the county seat shall be located upon public if located on
land, the county commissioners of Woodford county shall pro- public land
ceed to procure money by loan or otherwise and enter the entered by°the
land for said county, upon which said location shall have been county
made. Said entry shall not exceed one quarter section.

Sec 6. When said commissioners, or a majority of them,'^^ make re-
shall have agreed upon a place for the county seat as herein ^"J^i^g g^y^t
provided, they shall make report therf.of under their hands, of vvoodford
describing particularly the place so selected to the county co^'^^y
commissioners' courtof said county of Woodford, who, at their
next term, shall cause the same to be entered upon the records
of said court, and the place so selected shall be and remain
the permanent seat of justice for said county of Woodford.

Sec 7. The proceeds of all donations granted to said coun- Proceeds of
ty, under the provisions cf this act, shall be faithfully applied ^°";YJ^° *'°'^
to the erection of public buildings in said county under the
direction of the countv commissioners. Said commissioners
are hereby authorized <o make conveyances to any person
who may become the purchaser of any property sold to raise
money for the erection of public buildings in the county in

124 COUNTY SEATS.

their own names, as commissioners for and in behalf of said
county.
Compensa- Sec. S. The commissioners appointed by the provisions of

tion to oom'rsthis act for the location of said seat of justice, shall each re-
ceive a reasonable compensation in the discretion of the coun-
ty commissioners of said county of Woodiord, who are author-
ized and required to pay said commissioners.
Com'rs to lay Sec. 9. In the event that the aforesaid county scat should
offco.seatm-jjg located on private property not laid out into town lots ac-

to town lots ,. J ,1 • • r.i r i .• i- ii •

and sell same cordmg to the provisions ot the lourih section ot this act, or
on public lands according to the provisions of the sixth sec-
tion of this act, the said county commissioners, or a majority
of them, shall, as soon as conveniently may be after the title
to the land to be donated to or purchased by them, as the case
may be, or shall be entered in the said county of Woodford,
cause the said land to be laidoff i.Uo town lots, and the said lots
or so many of them as may be deemed necessary for such pur-
pose, to be sold at such time and place, and on such terms as
b'^M^d" ^" the said county commissioners, or a majority of them, may in
with tlie pro- their discretion determine upon, and appropriate the proceeds
ceeds of said sale to the erection of public buildings for said county.

Sec. 10. So much of the provisions of any former law as
flicdno'^with 'T-'ithofizes the location of the county seat of Woodford county
this act re- in any other manner than is herein provided, by commission-
pealed QYs, be and the same areherei^y repealed. This act to take
effect from and after its passage.
Approved, February 2Sth, lS43.

In force, AN ACT to locate the t)errnanent seat of justice of Mercer county.
F«b. 28, 1843.

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

Com'rs ap- represented in the General A.ssembly^ That William Shannon,

ca/ec^o.seat ' o*^ Knox county, Andrew Rogers, of Warren county, and

of Mercer CO. Joshua Harper, of Henry county, be and they are hereby

appointed commissioners, whose duty it shall be to locate ji

permanent seat of justice for the county of Mercer, and the

county seat when selected and located, shall be called by such

name a,s the said commissioners shall direct.

Com'rs to Sec. 2. The above named commissioners, or a majority of

meet and fix them, shall meet at the town of MiHersburg, in the said county

upon place ^^ Mercer, on the first Monday of June next, or within thirty
lor CO. seat -, . ' „ i /-. i • i i i • .•

days thercarter, and alter being duly sworn by some justice

of the peace faithfully to take into consideration the conve-
nience of the people of said county, the situation of the set-
tlements now made, and that may hereafter be made, and the
comparative eligibility of the different sites, shall proceed to
fix upon the place for the said county seat.

Sec. 3. When the said commissioners, or a majority of
them, shall have agreed upon a place for the said county seat

COUNTY SEATS.

125

as is provided in the second section of this act, they shall Report to co.

make report thereof under their hands, particularly describing o?Meicer"eo

the ])lace they have so selected, to the county commissioners'

court of Mercer county, who at their next term shall cause

the same to be entered on the records of said court, and the

place so selected shall be and remain the permanent seat of

justice of the said county of Mercer.

Sec. 4. Should said commissioners conclude to locate the To receive
said county seat on private property, if the same be unoccu-*^'o"^'i""s in
pied land, they shall obtain from the owner or owners thereof j?g^J^^p*?°^,j^^Q„
a donation of at least twenty acres of the same, and if it be private prop-
a town or village they shall obtain from the proprietors there- ^•"-J
of a donation of at least tifty town lots of an average value
with the remaining lots of said town or village, and shall also
accurately describe the said donation in their report to the
county commissioners' court aforesaid, and shall take from
the owner or owners aforesaid, a deed in fee simple of the
said donation to the said county of Mercer, ;ind transmit the
same with their said report to the said court, and if the said
owner or owners refuse to make the said donation in manner
and form as aforesaid, the said commissioners shall not locate ij^n^ig'^ghJl
the said county seat on his, her, or their land or property; and he entered by
if the said commissioners shall locate the said seat of iustice^°- ^oia'rs for

,,.,,,, , • . , 4. r • 1 the use of the

on public land, the county commissioners court oi said coun-p^y^jy
ty arc hereby authorised and required to purchase any quan-
tity of land, not exceeding onu quarter section, in the name
and for the use of said county; which land, or such part there-
of as the said court may direct, shall be laid off in town lots
in such manner, and sold for the use of said county at such
time and place, as the said court may direct.

Sec 5. If the said county seal sliall be located as afore- i

said at any place other than the town of Millersburg in said at M'ille°sbur'
county, then the circuit and county commissioners' courts the snme <o
of said county of Mercer shall continue to be held, and the ''^"'^VJ ^'l®*'^-
public officers required bylaw to keep their offices at the^g'^ ^344
county seat, shall continue to keep their offices at, and the
public business of said county shall continue to be transac-
ted at the town of rJillersburg, until the first of December, Unless other-
one thousand eight hundred and forty-four, unless otherwise ^^ise ordered
ordered by the commissioners' court of said county, from ^oJn"^ ^^
which time all the public business of said county shall be
done and transacted at the county seat located by the said
commissioners.

Sec. 6. The county commissioners' court shall allow the said Compensa-
commissioners a reasonable compensation for their services, tion to com'rs
not exceeding three dollars per day, to be paid out of the
treasury of the said county of Mercer.

Sec 7. All acts and parts of acts coming within the pur-
view of this act are hereby repealed.

Approved, February 28th, 1813.

126

COUNTY SEATS.

In force.
Mar. 2, 1843.

Com'rs to re-
Jooateco.eeat
of Carrol co.
appointed

Their duties

Election to
be held

Returns
thereof

Donations to
be made to
county

AN ACT to re-locate the count j seat of Carroll countj.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That John|Dixon, of Lee
county, Moses Hnllet, of Jo Daviess county, and Nathaniel
Belcher, of Rock Island county, be and they are hereby ap-
pointed commissioners to select a site for the re-location of the
county seat of Carroll county, to be voted for as hereinafter
prescribed; and the said commissioners, or a majority of them,
shall meet at Savanna, in the county of Carroll, on the first
Monday in May next, or within fifteen days thereafter, and
after being duly sworn to the faithful discharge of their duties,
shall proceed to examine such parts of said county as they
may think proper, to enable them to select such a site as in
their opinion shall give the greatest amount of good to the
greatest number of inhabitants of said county, as a county
scat; and said commissioners, after having made such selection,
shall report to the clerk of the county commissioners' court
of said county a certificate thereof; which certificate of said
selection shall be recorded by the clerk of said county com-
missioners' court; Provided, always, that such selection so made
shall not be the town of Savanna.

Sec. 12. That an election shall be held in the county of Car-
roll, on the first Monday in August next, at the usual places of
holding elections in said county, for the removal of the seat of
justice of said county ; at which election the clerks thereof shall
open two columns one for Savanna, the present seat of justice,
and one for the place which shall be designated by the com-
missioners hereinbefore appointed, and shall receive and re-
cord the votes of each qualified voter for one of the aforesaid
places as the seat of justice thereafter for said county. The
said election shall be conducted, and the returns thereafter
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 returns of said election, in the presence of two justices
of the peace, open said election returns, compare them, and
certify the same to the county commissioners' court, and the
place having the greatest number of votes shall be and remain
the seal of justice in said county.

Sec. 3. if the place designated and selected by the afore-
said commissioners, and by them certified as aforesaid, shall
receive the greatest number of votes for said seat of justice,
and shall be located on private property, then the owner or
owners thereof shall be required to convey to said county, by
a good and sufficient deed of conveyance, all necessary ground
for a public square, for a jail, and for the clerk's office, sherifl's
office, and recorder's office.

Sec. 4. The county commissioners of Carroll county are
hereby authorized to receive and collect donations to said
county, and to take such security for the paynfient thereof as
they may deem proper.

COUNTY SEATS. COURT HOUSES.

127

Sec. 5. The commissioners appointed by this act to select Compensa-^
a seat of justice shall be entitled to a reasonable and proper ^^°" ° °°"*"
compensation for their services, to be paid out of the county
treasury of Carroll county.

Sec. '6. If, at the election above provided for, the place cer- Co. offices to
tified to and selected by the said commissioners, shall have the^J^^^P^ *^ °®'
greatest number of votes for the future county seat, then the'
county officers of Carroll county, who are required by law to
keep their offices at the county seat, as soon as they can pro-
cure suitable places for keeping their offices, shall move the
same to the county seat so located.

Approved, March 2d, 1843.

AN ACT supplemental to an act entitled "an act to peraianentlj locate In force,

the seat of justice of Woodford county." Mar. 6, 1843.

Sec J. Be it enacted hy the People of the State of Illinois^
represented in the General Assembly, That Levi A. Hannaford,Com'rs to lo-
of Peoria county, and John H. Bryant, of Bureau county, berate co. seat
I ii II • X J • • i. \ / *u of Woodford

a^iid they are hereby appointed commissioners to locate tne^jj^jjjjj

seatof justice of Woodford county in addition to those already
appointed by an act to which this is a supplement. The said
Levi A. Hannaford and John H. Bryant shall act in conjunc-
tion with the three commissioners heretofore appointed, and
the five shall proceed to locate said county seat according to
the provisions of the act to which this is supplemental.
Approved, March 6th, 1843.

AN ACT to authorize the county commissioners of Lee county to lease In force,

certain rooms. Feb. 20, 1843.

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

represented in the General Assembly, That the county commis- authorised

sioners' court of the county of Lee are hereby authorized to to lease

lease such vacant room or rooms as offices as may be in the'"°"'"V"

1 /• • 1 . 1 • 1 I r . 1 1 court house

court house ot said county, and not occupied as and lurnished

for the several court officers as required by law for any time, AnpHcation *

not exceeding one year, and for such rents as they may think of funds

proper, and the funds arising from such renting shall bo paid

into the county treasury of said county and become a part of

the general funds of said county.

Sec 2. The county commissioners of said county shall Care of court
have the care and custodyof the court house in said county; house given
any law to the contrary notwithstanding. toco. court

Approved, February 20th, 1843.

128 COURT HOUSES. COURTS.

In force, AN ACT to authorize county commissioners to lease certain rooms.

Feb. 24, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
Co. com'rs represented in the General Assembly. That the county com-

raay lease ^. . , , r . • ti • c?* x i u

rooms in the •^'^^1*^'^^^'^ courts 01 any county in this JState are tiereby
courthouses authorized to lease such vacant room or rooms as offices as
in the several jr^ay j^g jj^ j-\^q court house of said counties and not occupied
by and furnished for the sheriff, clerk of the circuit court,
clerk of the county commissioners' court, and probate justice
of the peace of said counties, for any term not exceeding one
year, and for such rent or rents as they may think right and

To have c .P^'^P^^'*

tody of the ' ^i^c. 2. The county commissioners of said counties shall

courthouses have the care and custody of said court houses; any law or

in their res- ygage to the contrary notwithstanding.

des^^^ ^^^^' Approved, February 21st, 1843.

In force, AN ACT fixing the times of ho>ding circuit courts in the seventh judicial
Mar. 1, 1843. circuit.

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

Times of o ' j^ppj-gsQjifQff i^ iji^ Qeneral AssembliK That the times of hojdinrr
ding circuit j . . . yf , . . , ^.

courts in eev- Circuit courts m tne seventh judicial circuit each year, snail

enth circuit be as foliows: in the county of Cook on the fourth Monday of
March, in the county of Lake on the third Monday of April,
in the county of McHenry on the fourth Monday of April, in
the count)' of Du Page on the first Monday of May, in the coun-
ty of Grundy on the second Monday of May, in the county of
Will on the third Monday of itlay, in the county of Iroquois
on the first Monday after the fourth Monday in May, in the
county of Cook on the third Monday in August, in the county
of Lake on the second Monday of September, in the county of
iVJcHenry on the third Monday of September, in the county
of Du Page on the fourth Monday of September, in the coun-
ty of Grundy on the first Monday after the fourth Monday
of September, in the county of Will on the second Monday
after the fourth Monday in September, in the county of Iro-
quois on the fourth Monday after the fourth Monday in Sep-
tember, and in the county of Cook on the first Monday of No-
vember.
Business con- Sec. 2. All writs, proccss, and recognizances -which have
tinued over ^een or may be issued, or entered into, and made returnable
to the several circuit courts as heretofore arranged or fixed, or
as at present fixed, or to any special term thereof, and suits, con-
tinuances therein, which are now pending, or undisposed of
shall be taken and considered to be returnable to the terms
fixed by this act, and shall be as valid to all intents and pur-
poses as thoug,h made returnable thereto.
Tiiis act to Sec 3. This act shall take effect on the first day of March,
take effect on one thousand eight hundred and fortj^-three.
1st Mar. 1843 APPROVED, February 6th, 1843.

COURTS. 129

AN ACT :o fix the time of holding circuit couiJsin the first judicial In force,

circuit. Feb. 14, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That circuit courts shall rpj^^ ^^ j^^l_
be commenced and held in the several counties composing ding courts in
the first judicial circuit as follows, viz: in the county of Mor- fi''^* c^^<^'"'

fan on the second Monday of March, the third Monday of
une,and fourth Monday of October, in the county of Greene
on the first Monday of April, the second Monday of August,
and the third Monday [ofj October in the county of Pike on
the second Monday of April and the first Monday of Septem-
ber, in the county of Calhoun on the Thursdays before the
fourth Mondays of April and the third Mondays of Septem-
ber; in the county of Jersey on the fourth Monday of April
and the third Monday of September, in the county of Macou-
pin on the first Monday of May and the fourth Monday of
September, in the county of Scott on the third Monday of
May and the second Monday of October, in the county of Cass
on the second Monday of May and the first Monday of October.
Sec 2. All vvrits, recognizances, subpoena^? and process
which may have been issued and made returnable to the terms term"^no*t^to
of courts in said circuit, as hcretoiore required to be holden, effect procee
shall be deemed and taken to be returnable to said courts ^^^"S^
hereby changed as required to be held under this act; and all
process and proceedings pending in any of said courts shall
be taken up and disposed of according to law as if no altera-
tion had been made in the terms [times] of holding said courts. ^^^ ^^^" ^
This act to take effect and be in force from and after its passage. ^''^^ ^^^^^
' Approved, February 14th, 1843.

AN ACT changing the time of holding circuit courts in the ninth judicial In force ^
circuit of the State of Illinois. Feb. 20 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That John M. Robinson, Jud?e Robin-
one of the associate justices of the Supreme Court, shall per- son assigned
form circuit duties in the ninth judicial circuit of the State of 1° n°ndi*^cir.'*
Illinois, and that the time of holding courts in said circuit shall cuit
be as follows: in the county of Marshall on the third Monday in
March, in the county of Putnam on the Monday thereafter,
in the county of La Salle on Friday thereafter, in the county
of Kendall on the third Monday thereafter, in the county of Times of hoi-
Kane on Monday thereafter, in the county of De Kalb on ding courta
Monday thereafter, in the county of Ogle on Monday there-
after, in the county of Bureau on Monday thereafter, i.i
the county of Stark on Monday thereafter, in the county
of Peoria on Monday thereafter, in the county of Kendall
on the fourth Monday in August, in the county of Kane
on Monday thereafter, in the county of De Kalb on the sec-
9

130 COURTS.

ond Monday thereafter, in the county of Ogle on Monday
thereafter, in the county of Bureau on Monday thereafter, in
the county of Stark on Monday thereafter, in the county of
Peoria on Monday thereafter, in the county of Marshall on
the second Monday thereafter, in the county of Putnam on
Monday thereafter, in the county of La Salle on Friday there-
after, in each and every year.
Process, bu- Sec. 2. All indictments, informations, recognizances, suits,
siness&c. motions, writs, process, and proceedings of every description,

pen jng m civil, criminal, and in chancerv, v/hich have been, or shall be
conns contin- ' , ' , , - ' ,. . /• i • -^

ued to times Commenced, returnable to, or pendmg m any of the circuit

fixed by this courts in the said judicial circuit, shall be continued over, re-

''^^^ turnable to, and mr.de pending in the said circuit courts

respectively, at the time or times established for holding each

of the said circuit courts by the terms of this act, until after the

statutes passed at this session of tlie General Assembly shall

have been printed and circulated in the respective counties in

said circuit.

Ten copies of Sec. 3. The Secretary of State shall forthvv^ith, on the pas-

this -'let to be sage of this bill, transmit to each of the clerks of the circuit

clerk court in the ninth judicial circuit ten copies of this act, which

for that purpose are hereby ordered to be printed.
Grand iu'-v of ^^^* grand or traverse jury shall be summoned to

La Salle to be attend the courts in La Salle county until the first Monday of
summoned to each term of the said courts,
onenr"^^^ Approved, February 20th, 1843.

In force, AN ACT to chnnge the time of holding; courts in ihe second judicial cir-
Feb.2l, 1843. cuit, and to include the county of PeTy in the said second judicial circuit.

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

Perry co. at- represented in the General Assembly^ That hereafter che county

tached to sec- of Perry shall be added to the second judicial circuit; and the

terms of the circuit court of said county shall be held at the

times hereinafter specified.

Sec 2. That hereafter the terms of the circuit [courts] in
in^o-Tourts'in " ''^^ second judicial circuit shall commence at the times herein-
second circuit after specified, and continued from day to day (Sundays ex-
cepted,) until all the business be disposed of, unless it shall be
necessary to close the term to enable the judge to attend in
the next county to hold court: in the county of Montgomery
on the second Mondays of March and August, in the county of
Effingham on the Fridays after the second Monda_ys of March
and August, in the county of Fayette on thv3 third Mondays
of March and August, in the county of Bond on the fourth
Mondays of March and August, in the county of Clinton on
the first Mondays of April and September, in the county of
Washington on the second Mondays of April and September,
in the county of Perry on the third Mondays of April and Sep-

COURTS. 131

tember, in the county of Randolph on the fourth Mondays of
April and September, in the county of Monroe on the first
Mondays of May and October, in the county of 8t. Clair on the
second Mondays of May and October, in the county of Madi-
son on the fourth Mondays of May and October.

Sec. 3, All writs, subpoenas, and other process which may
be issued and made returnable to the terms of courts in said cir- jjj^°5e'^^.j,jj.n_
cuit,and[to the term of the court in said Perry county, ashere-nble to terms
tDfore required to be holden, shall be deemed and taken to be^'-'^'^^ ^y *^^'*

• let

returnable to said termsof courts, as required to be held under
this act; and all notices which may have been given either by
publication or otherwise, with reference to the terms as here-
tofore required to be holden, shall, by force of this act, refer to .
the terms of courts as required to be held under this act; and i-^f/Jj o^yer""
all proceedings pending in any of said courts shall be taken up
and disposed ofaccordmgto law, as if no alteration had been
made in the times of holding said courts.

Sec. 4. That the Secretary of State be directed to have this Sec. of State
law printed with all possible despatch, and send a reasonable to have this

number of such printed copies to each clerk of the circuit '^?^ ^.""'^'.^ ^

1 , ^ . . "^ , . • ^1 1- r • ^ distributed

court and county commissioners' court, m the counties ot said

second judicial circuit, for distribution. This act to take effect

from and after its passage.

Approved, February 21st, 1843.

AN ACT to chuni'e the tirues of holdin": courts in the third judicial Id force,

circuitt. Feb. 25, 1843.

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

represented in the General Assemblv. That the circuit courts in rp. run
.^ ,.,.,..,. , , ,1 I i^'i 1 1 • J • /- iimeofholu-

tiie tnird juQiciai circuit shall be held at the times hereinaiterino: courts in

mentioned, to wit: in the county of ??larion on the second Mon- third circuii
day of March and the second Monday of August, in the coun-
ty of Jeifcrson on the third Monday of March and the third
Monday of August, in the county of Hamilton on the fourth
Monday of March and the fourth Monday of August, in the
county of Franklin on the Mondays following, in the county
of Williamson on the Mondays 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 Massac on the Mondays following,
in the county of Pope on the Thursdays following, in the coun-
ty of Hardin on the Thursdays following, in the county of
Gallatin, on the iMondays following.

Sec. 2. All indictments,informations, recognizances, suits, mo- (^hane:e not
lions, writs process, and proceedings of every description, civil, to affect suits
criminal, and in chancery, which have been or shall be com-pen^ing in
menced, returnable to, or pending in any of the circuit courts ^'
in the said judicial circuit, shall be continued over, returnable

J 32 COURTS.

to, and made pending in the said circuit courts respectively,

at the lime or times established for holding each of the said

circuit courts by the times, until after the statutes passed at

this session of ihe General Assembly shall have been printed

and circulated in the respective counties in said circuit.

Copies to be Sec. 3. The Secretary of State shall forthwith, on the

printed aud p^^ggj^gg of t^jg act, transmit to each of the clerks of the cir-

distnbuted inr.o . , ., ' , • i- ■ \ - •.. • r^i-

each cm. in cuit court in the third judicial circuit, ten copies oi this act,

the circuit which for that purpose are hereby ordered to be printed.

Sec. 4. All acts and parts of acts conflicting with the pro-
visions of this act, in relation to the times of holding circuit
courts in the third judicial circuit, are hereby repealed.

Afproved, February 25th, 1843.

In force, AN ACT fixing the times of folding the courts in the eightli judicial
Feb. 28, 1843. circuit.

Sec. 1. Be it enacted hy the People of ihe State of Illinois^
Time o{hoV\- represented in the General Assembly, That the circuit courts
ing courts in of the several counties composing the eighth judicial cir-
eighth circuit ^^-^ ^\\q\\ hereafter be holden at the county seats of said
counties at the times following, to wit: in the county of San-
gamon on the third Mondays in March, the fourth Mondays in
July, and the second Mondays in November; in the county of
Tazewell on the Wednesdays before the second Mondays in
April and September, in the county of Woodford on the
Thursdays succeeding the second Mondays in April and Sep-
tember, in the county of McLean on the third Mondays in
April and September, in the county of Livingston on the fourth
Mondays in April and September, in the county of De Witt
on the Thursdays following, in the county of Chrmpaign on the
Mondays following, in the county of Piatt on the Thursdays
following, in the county of Macon on the Mondays following,
in the county of Moultrie on the Thursdays thereafter, in the
county of Shelby on the Mondays following, in the county of
Christian on the fourth Mondays in May and October, in the
county of Logan on the Thursdays thereafter, in the county
of Menard on the first Mondays in June and November, in the
county of Mason on the Thursdays thereafter.
No grand ja- Sec. 2. No grand jury shall be summoned to attend the
ry for July j^jy term of the circuit court of Sangamon county, nor shall
aramoD co.°' ^^J criminal cases be docketed for trial at that term; Provided,
that if any person, shall be confined in the jail of said county,
at the time of holding said term, the court shall have power to
try such person if an indictment has been found, or, if no in-
dictment has been found, the court may direct a grand jury
to be summoned to inquiie into the case of such person con-
fined in jail, and if an indictment is presented, the court may
proceed to hear and determine the case.

COURTS.

133

Sec. 3. All process which may have been issued out of any Not to affect
of said courts since the last term of the same, or which may fh^t^haV" ^^
hereaiter be issued, previous to this act bemg received by the been or may
clerks of the said courts respectively, shall be deemed and tak- be commen-
en as returntible to the terms required to be holden by the^
this act; and all proceedings, both civil and criminal, nov^
pending shall be disposed of according to law, in the same
manner as if no alteration had been made in the times of hold-
ing tlic said courts.

Se::. i. This actshall, upon its passage, be published in the Copies of thia

paper of the public printer, and the Secretary of State shalP*' Y j^/^fj
immediately thereafter transmit a copy thereof to each of thccierks
clerks of the said courts.

Api^ROVED, February 28th, 1813.

AN ACT to regulate the time of holding circuit courts in the fourth judi- In force,

dicial circuit. Mar. 1, lb43.

Sec. 1. Be it enacted by the People of the State of Illinois^
rejjres mted in the General Assembly^ That the circuit courts Courts in
of the fourth judicial circuit shall commence in the several^o"''^'* circuit
couniies at the times hereinafter specified, and shall continue
from day to day, (Sundays excepted,) until all the business is
dispobed of, unless it shall be necessary to adjourn the court
to enable the judge to attend in the next county to hold
court.

Sec. 2. In the county of Wayne on the last Thursdays ofrime of hold-
Marc'i and August, in the county of White on the first Mon-ing same
days of April and September, in the county of Edwards on
the second Mondays of April and September, in the county
of Wabash on the Thursdays thereafter, in the county of
Lawrence on the Wednesdays thereafter, in the county of
Crawford on the Wednesdeiys thereafter, in the county of
Clark on the Mondays thereafter, in thj county of Edgar on
the Mondays thereafter, in the countv of Vermilion on the
Mondays thereafter, in the county of Coles on the Mondays ,

there. ifter, in the county of Jasper on the Mondays thereaf-
ter, in the county of Richland on the Thursdays thereafter,
in the county of Clay on the Mondays thereafter.

Sec. 3. All indictments, rccoojnizances and suits, either at
common law or in chancery, shall stand for hearing at the ^"I^^^^^JJ^^"*
times herein specified for holding court the same as though by alteration
no chii'ige had taken place, and all writs and other process,
civil or criminal, shall be and they are hereby made returna-
ble tlie same as if there had been no change in the times of
holding said courts; and all returns heretofore made, or that
may liereafter be made, either according to this act or the one
hereby repealed, shall be taken to be returnable to the terms
of court as now fixed, and shall be legal and valid in all re-
spects as if no change had taken place.

134 COURTS.

Provision in Sec. 4. If any new county shall hereafter be formed out of

case new CO. j^^y portion of the territory now embraced within the fourth
should be for- . i. \ . . ., . ■, ,*' j- uiiu j^uji.

med in said judicial Circuit, said county or coumies shall be attached to,

circuit and form a part of said circuit for judicial purposes, and the

judge holding courts in the fourth circuit shall be and he is
hereby authorized and required to appoint the times of hold-
ing the courts in the said county or counties, and may make
such change in the other counties as may be necessary to en-
able him to do so, and that the judge shall give notice to the
clerks of the respective counties of the time and place he
shall appoint for holding under this act, which shall be pub-
lished in the nearest newspaper for twenty days previous to
the time of holding court.
Approved, 2viarch 1st, 1843.

In force, - AN ACT in relation to the Supreme Court.

Mar. 3, 1843.

Sec. 1. Be it enacted by the Fcople of the Slate of Illinois^
One term Su- represented in the General Assembly, That hereal^er there
eaclTvear"^ shall be but one term of the Supreme Court in each year,
which shall commence on the second Monday of December,
and continue in session until ail the business before it shall
be disposed of.
Parties in cir- Sec. 2. The parties in any suit or proceeding at law, or in
?J,!Il^,n!!lo ^r. chancery, in any circuit court mav make an agreed case con-
aqreed case taming tne points of law at issue between them, and hie the
&, clerk to same in the said court, and the said agreed case may be certi-
trsup ^Court ^^^ ^^ ^'^® Supreme Court by the clerk of such circuit court
without certifying any fuller record in the case; and upon
such agreed case being so certified and filed in the Supreme
p _ Court the appellantor plaintiffin error may assign errors, and

signed ' the Case shall then be proceeded in in the same manner as it

might have been had a full record been certified to said Su-
preme Court.
Judges of Sec. 3. Any judge of a circuit court may, if the parties lit-

circmt courts- ,^j^^ osscnt thereto, certify any question or questions of law
may ccriilv ^ • - c\ /-^

questJonsof ailsing in any case tried before him to the Supreme Court,

law to Su- together with his decision thereon, or the parties in the suit
preme Court ^^^ j^g^gg ^^g to the questions or points of la v arising in the
Parties may ^ase, and the same may be certified by the counsel or attor-
asrec on ncys of the respective parlies who shall sign their names
points and thereto, and upon such certificate being made the same shall
fy"ame ^^^^^" ^^ ^^^^ ^" ^'^^ circuit court and a copy of such certificate cer-
tified by the clerk of said circuit court to the Supreme Court
and filed therein; and upon filing the same the like proceed-
ings may be had in the Supreme Court as if a full and com-
plete record had been transcribed and certified to said
court.

Sec. 4. The second and third sections of this act shall not

COURTS. 135

apply to those suits in which the title to land or real estate
comes in question.

Sec. 5. In all cases where an oath or affidavit is required in cases of
to be taken in proceedings in attachment, the same may be^'^^^-'^c''"^^"^
taken or made before a justice of the peace, clerk of the ^'ir-"fi|,'^i"J3jg,.';lj
cuit court of this State, or other person authorized by law to by justice or
administer an oath. ^'^^ peace

Sec. 6. This act to take effect from its passage.

Approved, March 3d, 1843.

AN ACT to hold courts in the seventh judicial circuit. In force,

Dec. 5, 1842.

Sec. 1. Be it enacted bij the People of the State of Illinois^
represented in the^General Assembly ^ That the times of holding
circuit courts in the seventh judicial circuit, shall be as ^^^'^- ^\^<!^lanns\n
lows, to wit: in the county of Cook on the first Monday of seventh cir-
March, in the county of Will on the fourth Monday of March, c"^'
in the county of Iroquois, on the second Monday of A pril, in
the county of Grundy on the Friday next after the courtis hold-
en in Iroquois, in the county of Du Page on tlie third Monday
of April, in the county of McHenry the next Monday theicaf-
ter, in the county of Lake the next Monday thereafter, in the
county of Iroquois on the first Monday of September, in the
county of Grundy on the Fridays next thereafter the firnt
Monday of September, in the county of Will on the second
Monday of September, in the county of Du Page on the fourth
Monday of September, in the county of McHcnry on the next
Monday thereafter, in the county of Lake the next Mondciy
thereafter, in the councy of Cook the Monday next thereafter.
In the county of Cook thei'e shall be a term on the first Mon- criminal and
day of August, for the purpose of trying criminal and chance- chancerj
ry business only; at which term no writs on the common law ^^^'^ ^" Cqo)s.
side of the docket shall be returnable. If the judge of said
seventh circuit shall be unable to hold the March term in
1841, he shall be required to hold a term immediately after
the court is holden in Lake county, in the spring term, 1841.

This bill having been laid before the Council of Revision, and ten days
not havlnjr inierveneci before the adjournment of the General Assend^iy,
and the said bill not having been returned with the objections of the Coun-
cil on the first day of the jireseni session of the General Assembly, the
same has become a law.

Given under my hand, this fifth day of December, 1843.

LYMAN TRUMBULL, Secretary of State.

AN ACT to change the time of holding courts in the fifth judicial circuit. In force,

Mar. 4, 184:^.
Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That liereafier the times

136 ELECTIONS.

Courts in the of holding toiirts in the fifth judicial circuit shall be as follows,
filth circuit ^Q ^j^. .j^ ^^g county of Fulton on the second Mondays of
March and x\ugust, in the county of McDonough on the fourth
Mondays of March and August, in the county of Schuyler on the
first Mondays of April and Septennber, in the county of Brown
on the second Mondays of April and September, in the county
of Adams on the third Mondays of April and September, in
the county of Hancock on the third Mondays of May and Oc-
tober, in the county of Henderson on the first Mondays of
June and November, in the county of Warren on the Thurs-
days suoceedino; the first Mondays in June and November, in
the county of Knox on the third Mondays of June and No-
vember.

Sec. 2. All indictments, informations, recognizances, suits,
motions, writs, process, and proceedings, civil, criminal, and
in chancery, which have been or shall be commenced, return-
able to or pending at any of the terms of court as heretofore
required to be held in the said judicial circuit, shall be con-
tinued over and made pending at, in and to the terms of the
courts as required to be held by this act respectively.

Sec. 3. This act shall take effect and be in force from and
after its passage.

Sec. 4. The courts [county] of Marquette is attached to the
Marqwette ai- fifth judicial circuit, and courts shall be held therein, at such
tached to fifth ^-jp^gg j^g [[^g judgc presiding therein shall designate.
Approved, March 4th, 1843.

(ii force, AN ACT providing for a special election of senator in the district com-
Pec. "JO, 1842. posed of Will, Du Pare, and Iroquois counties.

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

Special elec- j^p-pj-Qg^fiiQcl in the General Assembly. That a special election

tiontobeheld /,,, ,,, ■ n , -xit i rA ■ .\ r

shall be held on the nrst Monday ot January, m the year oi

our Lord, one thousand eight hundred and forty-three, for the
election of one senator in the district composed of the coun-
ties of Will, Du Page and Iroquois, to fill the vacancy occa-
sioned by the resignation of the honorable John Pearson.
Sec. '2. Three days previous notice shall be given of said
Notice to be election, by the sheriffs of the counties above named, by post-
g:iven ing up written or printed notices of the same in each pre-

cinct of their respective counties.

Sec 3. The clerks and judges of said election shall cause
Retnrns to be ..^^^1.^5 of the same to be forwarded to the clerks of thecoun-

niade to cJ'ks , • • i ^ i* xi • i- j- *u

Gom'rs courts ^J commissioners courts ot their respective counties on the
next day after said election, on the evening of which day the
Abstracts to Said clerks shall call to their assistance two justices of the
be made peace and make abstracts of said election, and on the third

day after the said first Monday of January the clerks of the
county commissioners' courts of the counties of Will, Du
Page, and Iroquois shall meet at the clerk's office of the county

ELECTIONS. 137

commissioners' court of Will county, and on comparing their Certificate of
respective abstracts immediately make out and deliver to the ®'^°^^°"
person elected a certificate of election, signed by said clerks,
or such of them as may attend for that purpose.

Sec. 4. In all other respects the said election shall be con-
ducted according to the general election law.

Approved, December 20th, 1842.

AN ACT to regulate elections for senator and representatiye of Richland ^^ force,

and C\nY counties. Feb. 8, 1843.

Whereas, thatpartof Richland county that formerly belonged Preamble
to Clay county, together vt^ith Clay county, forms a repre-
resentative and part of a senatorial district; therefore,
Sec. 1. Be it enacted by the People of the State of Illinois*
repj^esented in the General Assembly^ That all the territory set That part of.
off from Clay county shall hold their election at their several Richland co.
election precincts for said senator and representative as though ^^ "„ ^JJ^ie
it had not been set off from Clay county, and it shall be the as heretofore
duty of the judges of election in said precincts to deliver the
poll books for said senator and representative, within three
days after said election to the clerk of Richland county, who
shall, within three days thereafter, canvass in the usual man- Duty of clerk
ner the votes received in said precincts for senator and repre-of Richland
sentative, and deliver an abstract thereof to the clerk of said ^^^'^'J^
Clay county until otherwise provided. This act to be in force
from and after its passage.

Approved, February Sth, 1843.

AN ACT to regulate the mode of holding elections in Kendall county. In force.

Mar. 4, 1843.

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That Grundy county Grundy and
and that portion of Kendall county formerly attached to LaJJ^{[ °/,^o^j"'
Salle may hereafter vote with La Salle county, for one senator with La Salle
and three representatives, one of which representatives may county for
be chosen from either the county of Grundy or that portion ^^°^^°'"
of Kendall county aforesaid. The commissioners of Kendall
county shall lay off the election precincts in said county so
as not to include in any one precinct portions of territory for-
merly belonging to Kane and La Salle counties.

Sec 2. At all future elections for senator or representa-^, „. , ,
I 1 1 r u • • r \ "^" hooka to

tive the clerks ot the county commissioners' courts of the be compared

counties of La Salle, Grundy and Kendall shall meet at Otta- nt Ottowa
wa, in the county of La Salle, to compare the returns of elec-
tion for senator and representatives in said counties.
Approved, March 4th, 1843.

138

ESTATES.

In force,
Mar. 4, 1843.

AN ACT relative to the estate of E. MIodzianowaki, deceased.

PreambJe

Trustee of
the estate of
E. Mlodzian-
owski ap-
pointed

His powers
niid duties
<JefiDed

WHEREAs,Edward Mlodzianowoski, a Polish exile, died intes-
tate at Jacksonvile, in the co'jnty of Morgan, on the Sth day
of October, A. D., 1842, leaving no heirs or legal represen-
tatives in the said State, or the United States; and whereas, at
at the time of his death he wasseized of a certain tract of un-
improved land in said county, known and designated as the
west half of the north-west quarter of section fourteen, in
township sixteen north, and range thirteen, west of the third
principal meridian ; and was also possessed of certain moneys,
notes, and articles of personal property which have not been
administered upon; and whereas, it is represented that de-
ceased had never, in his exile, been able to communicate with
his native land,and had for years abandoned all hope of receiv-
ing any tidings from relatives or kindred in Poland — that
Napoleon Koscialowski, of the said county of Morgan, was
his companion in exile and intimate friend, and that the
death of the said Mlodzianowski was sudden, and the char-
acter of his last illness such as to deprive him as well of con-
sciousness as of ability to make known his last washes in
regard to the disposal of his property, which there is reason
to believe he would otherwise have bequeathed to, or in trust
for said Koscialowski and his children; therefore,
Sec' 1. Be it enacted by the People of the State of Illinois, repre-
sented in the General Assembly, That all and singular the right
of the State of Illinois in and to the said tract of unimproved
land, and in and to the said moneys, notes and articles of person-
al property, be and the same is hereby vested in Dennis Rock-
well, of said county of Morgan, in trust, and with powers, first,
to collect, receive, and have all dues, claims, and demands of
the said Edward Mlodzianowoski, deceased, at the time of his
decease, and for that purpose, to prosecute suits in his own
proper name for said dues, claims, and demands, against any
person or persons, in any court of proper jurisdiction; second-
ly, to sell, and upon the best possible terms, dispose of all and
singular, the real and personal property of the said deceased,
and convert the same into money, with power also, to the said
Rockwell as trustee in the premises, upon sale of the said real
estate, to convey the same by deed to the purchaser or pur-
chasers; thirdly, to erect a suitable monument to the memory
of the deceased at the place of his interment, out of the mo-
neys aforesaid, the cost of said monument not to exceed the
sum of three hundred dollars; fourthly, that the residue of the
said estate, when converted into money, after deducting the
cost of said monument, and the necessary expenses of execut-
ing the trusts herein contained, be invested by said trustee in
improved farming lands in this State; which said lands shall be
held by the said Dennis Rockwell upon the trusts following;
that is to say, first, for the heirs at law of the said Edward
Mlodzianowski, deceased, should any such appear, and law-

ESTATES. ESTRAYS.

139

fully claim within ten years from the date of his decease
aforesaid, in which event the said trustee shall convey the ab-
solute title to said premises to the said heir or heirs; Pro-
vided^ neverlhelessj that from and after the purchase and invest-
ment aforesaid, the said Napoleon Koscialowski shall and may
be permitted to have and enjoy the free use, benefit, and occupa-
tion of said premises without rent or charge, until the same
shall have been duly claimed by and conveyed to the proper
heirorheirs(ifany)ofsaid Edward Mlodzianowski; secondly,!if
no such lawful heir or heirs rightfully claim said premises ten
years from the decease ofthe said Edward Mlodzianowski, then
upon trust for the use, benefit, and behoof of the said Napo-
leon Koscialowski, for and during the term of his natural life;
and lastly, at the death of said Koscialowski, upon trust, to,con-
vey the said lands and premises with the appurtenances, to his
heirs, to have and to hold to them, their heirs and assigns for
ever.

Sec. 2. The said Dennis Rockwell, upon accepting the Trustee to
trust hereby created, shall file his bond with sufiicient security ^^^'®'^°'^^
to be approved of by the probate justice of the peace of Mor-
gan county, in the penalty of dollars, payable to
the people ofthe State of Illinois, for the use of the heirs of
Edward Mlodzianovv'ski, deceased, conditioned that he will
well and truly perform the trust hereby created.

Sec. 3. The said Dennis Rockwell shall, upon his accep-
tance of said trust, and within one month thereafter, report to
tiie court of probate of Morgan county, all and singular, the
estate, property, and effects, and choses in action, which may
come to his hands as trustee as aforesaid, and upon sale being
made of all said estate, real and personal, he shall further re- To report to
port his proceedings in the premises, with the terms of sale ba^Jof Mor-'
and the amount realized therefrom, and when all of said pro- ga^ co.
perty shall have been converted into money, he shall further
report the amount thereof, with the cost of the monument,
and the necessary expenses of said trust, and vouchers, and
upon the investment ofthe residue of said moneys into lands,
the said Dennis Rockwell shall file with said court a copy of
all the title papers relating thereto, with a statement ofthe
mode and manner of investment.

Approved, March 4th, 1S43.

AN ACT supplemental to "an act concerning estrajs," in force February In force,

9th, 1835. Mar. 4, 1843.

Sec. 1. Be iienadedhy the People of the Slate of lllinoU^^^^^^ ^^^^^^
represented in the General Assembly^ That it shall not be law- be used
ful for any person or persons to use any estray horse, mare,
mule, or ass, unless the same shall have been first advertised
as required by the provisions of this act.

140

ESTRAYS. EVIDENCE.

Estrays taken Sec. 2. That hereafter it shall be the duty of any person
praised ^^ taking up any estray animal or lost goods, within five days
after the same is so taken up, to post up written notices describ-
ing the property in three of the most public places in the
neighborhood where the taker up resides, for at least twenty
days before having the same appraised, according to the pro-
visions of the act to which this is an amendment. So much of
the act to which this is an amendment as makes it the duty of
the taker up to have the property appraised within ten days
Proviso is hereby repealed; Provided^ alzvays, that when any property

so taken up, or found, as the case may be, and shall be proven
away before the expiration of twenty days, then and in that
case the claimant of such property shall pay to the taker up,
or finder, as the case may be, all reasonable charges for taking
up and keeping the same. This act to be in force from and
after its passage.

Approved, March 4th, 1843.

In force, AN ACT to amend "an act concerning estrajs," approved Februnry9th,
Mar. 6,1843. 1^35.

Sec. 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly, That hereafter it shall
Concerning be the duty of the taker up of any estray horse, mare, colt,
estrays mule, Or ass, or other estray animal, previous to having

the same appraised, to give not less than ten nor more than
fifteen days notice, by posting up v/ritten or printed advertise-
ments, ifa horse, mare, coll, mule, or ass, in three of the most
public places in the justice's district in which the taker up
shall reside, and for all other animals, by posting up such ad-
vertisements in three of the most public places in the neigh-
borhood in which the taker up shall reside, particularly de-
scribing said estrays in the manner required by the act to
which this is an amendment; and it shall be the duty of the
taker up, previous to such appraisement, to prove the post-
ing up of such advertisements agreeably to the provisions of
this act,'' before the justice before whom such appraisement
shall be made, by his own oath, or that of a credible witness.
Approved, March 6th, 1843.

In force, AN ACT concerning evidence in certain cases.

Feb. 24, 1843.

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

represented in the General Assembly^ That a copy of all papers,
booksor proceedings, or parts thereof, appertaining to trans-
actions in their corporate capacity, of any town or city here-
tofore incorporated, or now incorporated, or that hereafter
may be incorporated, under a general or special law of this

EXECUTIONS. 141

State, certified to be true copies by the clerk or the keeper of Certified cop-
Ihe same under the seal of said town or city, or under the pri-p^perg ^^J] ^'
vate seal of said clerk or keeper if there be no public seal; the of incorpora-
said clerk or keeper also certifying that he is entrusted with ted towns
the safe keeping of the originals of which he gives certified™^ ® ®^^ "

ence m couTts

copies, shall be received as prima facia evidence of the facts of justice
so certified in all the courts of this State in any suit or pro-
ceeding pending before them.
Approved, February 24th, 1843.

from execu-
tion

AN ACT to exempt certain articles from execution. In force

Mar. 4, 1843.

Sec. 2. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the wearing appa- Wearing ap-
rel of each and every person shall be exempt from levy or P^''^^ exempt
gale on execution, writ of attachment, or distress for rent. tjon

Sec. 2. That the following property, when owned by any other proper-
person being the head of a family and residing with the same,ty exempt
shall be exempt from levy and sale on any execution, writ of
attachment, or distress for rent; and such articles of property
shall continue so exempt while the family of such person, or
any of them, are removing from one place of residence to
another in this State, viz: first, necessary beds, bedsteads and
bedding, the necessary utensils for cooking, necessary house-
hold furniture, not exceeding in value fifteen dollars, one pair
of cards, two spinning wheels, one weaving loom and appen-
dage, one stove and the necessary pipe therefor; Providedt
the same shall be in use, orput up for ready use, in any house
occupied by such family. Second, one milch cow and calf,
two sheep for each member of the family, and the fleeces
taken from the same, or the fleeces of two sheep for each
member of a family which may have been purchased by any
debtor not owning sheep, and the yarn and cloth that maybe
manufactured from the same, and sixty dollars worth of pro-
perty, suited to his or her condition, or occupation in life, to
be selected by the debtor. Third, necessary provisions and
fuel for the use of the family for three months, and necessary
food for the stock hereinbefore exempted from sale, or that
may be held under the provisions of this act; Provided, that
any person, being the head of a family and residing with it,
who shall be taken before a probate justice of the peace on a Some proper-
ca. sa. and shall take the benefit of the insolvent laws of this f-^' allowed to
State, shall be allowed the same amount of property exempt debtors
from the provisions of said act as is provided for by the pro-
visions of this act; and it shall be the duty of said probate
justice of the peace to set apart to such person the same
amount and kind of property as is or may hereafter be exempt
from execution.

Sec. 3. If any oflicer, by virtue of any execution or other

142 EXECUTIONS. ^FEES.

Penalty for ta- process, or any other person, by any right of distress, shall
pertVi^u exe°" ^^^^^ ^^ Seize any of the articles of property hereinbefore ex-
cution empted from levy and sale, such officer or person shall be

liable to tht party injured for three times the value of the pro-
perty illegally taken or seized, to be recovered by action of
trespass, with costs of suit.
Justices ju- Sec. 4. For the purpose of recovering the damages provi-
risdiction in ded for in the third section of this act, justices of the peace
such cases gj^^jj |^^^^ jurisdiction to the amount of one hundred dollars.
Laws conflic- ^^^' ^* ^"^^ laws exempting property from execution, and
Xing with this, all acts and parts of acts coming in conflict with the provi-
and all others gions of this act, be and the same are hereby repealed. This
property from ^^^ ^^ ^^^^ effect from and after its passage; Provided, should
execution re- any disagreement arise between any officer and defendant in
pealed, execution, about and concerning the value of any species of

Proviso property allowed by this act, it shall be the duty of said offi-

cer forthwith to summon two disinterested house holders,
Tvho, after being duly sworn by some justice of the peace,
shall proceed to appraise such property as said defendant may
select.
This act not S^c. G. Nothing in this act shall be so construed as to pre-
to affect land- ^,gj^|. landlords from holdiup; a lien on the crop growing or
lords liens for i i r , i - i r d o

rent grown on land lor rent due lor the same.

Approved, March 4th, 1843.

In force, AN ACT relating to docket fees.

Mar. 4, 1843.

Sec. 1. Be it enacted by the People of the Slate of Illinois,,
represented in the General Assemhhji That all laws and parts of
Idws now in force in this State, authorising the collection of
Laws in rela- docket fees in suits, in which the title of land shall come in
tion to dock- question, of live dollars, and in each suit where the title to
ded^^^ "'^^^"* land does not come in question, two dollars and fifty cents,
and in each chancery suit five dollars, shall, from and after the
passage of this act, be so changed, that no such docket fee
shall be charged or collected in cases where final judgment or
" decree shall he for cost only, or where the case shall be de-

cided without empanneling a jury, or where the suit did not
first originate in the circuit court; Provided, that hereafter the
docket fee in chancery proceedings shall be two dollars and
fifty cents, and in civil cases, when the title to lands does not
come in question, one dollar and twenty-five cents.
Approved, March 4th, 1843.

FERRIES.

143

AN ACT to amend an "act to provide for the establishment of ferries, toll In force,
bridges, and turnpike roads," approved February iwelhh, one thousand Feb. 1, 1843.
eight hundred and twenty-seven.

Sec. I. Be it enacted by the People of the St Me of Illinois,
represented in chn General Assembly, That so much of the ^''Jr- ^^peal^ o^^^s^
teenth section of an act entitled "an act to provide for the es- I^jg^ ac^^t as'is
tabhshment of ferries, toll bridges, and turnpike loads," ap- repugnant to
proved February twelfth, one thousand eight hundred and this
tweniy-seven, as is repugnant to the provisions of this act, be
and the same are hereby repealed.

Sec. 2. That all ferries that heretofore have been or here- Ferries oppo-
after may be established across the Great Wabash river op- site Vin-
posite the town of Vincennes, in Lawrence county, which ,.^ forfeited
shall be abandoned, disused, untrcquented, or neglected by the
proprietor or proprietors for the space of six weeks at any
one time, shall be forfeited, according to a proceeding to be
had under the provisions of the thirteenth section of the above
recited act.

Approved, February 1st, 1843.

AX ACT to establish a ferry therein named. ' In force,

Feb. 3, 1843.

Sec. i. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That C. J. and G. L. Gib- Grant of ferry
son, their heirs and assigns, be and they are hereby authorised P"^' ^^e
to establish and keep in operation for the term of tifteen years, Location of
a ferry across the Illinois river from the town of Wesley city, ferry
Tazewell county, to the opposite shore in Peoria county.

Sec. 2. It shall be the duty of said Gibsons, their heirs or Duty of pro-
assigns, to keep on hand at all times good and sufficient boats, P"ctors
furnished with persons of suitable strength and skill to insure
a safe and speedy passage at said ferry.

Sec 3. It shall be lawful for the owners of said ferry, their Rates of toll
heirs or assigns, to demand and receive the same rates of fer-j^igbt to esta-
riage as are now allowed ferries like situated across the Illi-blish other
nois river nearest to said ferry. The county commissioners 'erriesres-
of the above named counties shall not, during the existence of ^^^°^^*
this act, authorise the establishment of any new ferry within
one mile of the ferry hereby authorised, unless the said Gib-
sons shall fail to comply with the provisions of this act.

Sec. 4. The feiry hereby granted shall in all respects be Regulations
governed by the laws regulating ferries, toll bridges, and turn-
pike roads, and may be altered, amended, or repealed by the Privileges
Legislature, whenever the public good may require the same, "^^l^^^^ '"*^"
This act to take effect from and after its passage.

Approved, February 3d, 1843.

144 FERRIES.

In force, AN ACT confirming certain ferry privileges to the county of Bureau.

Feb. 3, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
Location represented m the General Assembly, That from and after the
passage of this act, the right to lerry from the west to the east
bank of the lUinois river, in township number fifteen north of
the base line, range number ten, east of the fourth principal
meridian, in the county of Bureau, be and the same is hereby
vested solely and exclusively in the county of Bureau; and
Co. of Bureau ^^6 county commissioners of the said county are hereby
may grant li- authorised to grant to any person or persons the right to ferry
cense from the west to the east bank of said river, and receive pay

for the same, and the said ferry is hereby declared to be under
the supervision of the county commissioners of the county of
Bureau, and may be regulated by them as they shall think
Law giving proper; and so much of the act creating the county of Put-
control of ' nam, approved January fifteenth, one thousand eight hundred
said ferry re- and thirty-one, as gives to the said county of Putnam the right
pealed |q ferry from the west to the east bank of the Illinois river, is

hereby repealed.

Approved, February 3d, 1843.

In force, AN ACT to amend an act entitled "an act to establish a ferry across the
Feb. 10,1843. Illinois river," approved February 23d, 1841.

Sec. 1. Be it enacted by the People of the State of Illinois,
Ferrv tax ^e- ^^P^'^^^^^^^ ^^ ^^^ General Assembly, That so much of the 6th
duced to $100 section of the act to which this is an amendment as requires
per annum the payment of two hundred dollars annually into the county
treasury of Tazewell county, be and the same is hereby re-
pealed, and that hereafter the sum of one hundred dollars is
to be paid into the said treasury of Tazewell county as provi-
ded by said act.
Proviso to 4th Sec. 2. The proviso to the fourth section of the act to
section re- which this is an amendment is hereby repealed, and the pro-
rf^ Ki f prietor of the ferry aforesaid shall in future be entitled to re-
riaee allowed ceive double ferriage whenever the river shall overflow either
bank to the second bend in Farm creek.

Sec. 3. This act to be in force from and after its passage.
Approved, February 10th. 1843.

In force, AN ACT to enable Smith Turner, of Mason county, to establish a ferry
Feb. 23, 1843» acroes the Sangamon river.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Smith Turner be

Ferry across ^^^ j^g |g hereby authorized to establish and keep a ferry for
Sangamon ^. '' ^ic^ • . \ iij

river fifteen vears across the Sangamon river, at a place callea

FERRIES. ' 145

"Myers' ford," where the road from Jacksonville to Havana
crosses said river.

Sec. 2. Said Turner shall cause said ferry to be furnished How kept
with a good tight boat sufficient for the speedy and safe trans-
portation of all passengers, their teams, horses, cattle, and
other animals, as well as their goods and effects, and said boat
shall be furnished with men of suitable strength and skill to
manage the same.

Sec. 3. Said Turner shall have the right to land his boat Where to
two miles above or below where said road crosses said river.

Sec. 4. Said Turner shall receive such rates for crossing ^^^j^g ^j-^g^^
at said ferry as may be allowed him by the countv commis-ri.ige to be
sioners' court of Mason county. Said Turner shall pay a tax established
or ferry license such as the county commissioners' court may ^.^^o\^co^^^
require him to pay; and in the management of said ferry said
Turner shall be governed by the requisitions of the act enti-
tled "an act to provide for the establishment of ferries, toll
bridges, and turnpike roads," approved February I2th, 1827.

Approved, February 23d, 1843.

AN ACT authorising Charles G. Eldridge to keep a ferry across tho In force,

Missisisippi river. Feb. 23, 1843.

Sec 1. Be it enacted by the People of the State of Illinois, cm^^\qqq^^\_
represented in the General Assembly, That Charles G. Eldridge, bridge autho
his heirs and assigns, be and they are hereby authorised to '''^-^*' ^° ^^^P
keep a ferry across the Mississippi river, between Savanna, the Mississip-
in Carroll county, and Charleston, in the county of Jackson, pi river
in the Territory of Iowa, for and during the term of ten years,
from the passage of this act.

Sec 2. The said Eldridge shall causo said ferry to be fur- How conduc-
nished with a good and tight boat, worked by steam or horse ^^^
power, and sufficient for the safe and speedy transportation of
all passengers, their horses, cattle, and other animals, as well
as their goods and effiicts, and said boat shall be furnished
with person or person? of suitable strenglh and skill to man-
age the same, and shall be allowed two years from the passage
of this act to build and finish the said boat; Provided, that du-
ring the term of said two years the said Eldridge shall furnish
substantial flat boats and other water crafts sufficient for the
purposes of ferrying as aforesaid.

Sec. 3. The rates of ferriage for crossing said ferry shall Rates offer-
be fixed by the county commissioners' court of Carroll riage
county.

Sec 4. The said Charles G. Eldridge, in the management Proprietor
of said ferry, shall be governed by the provisions on an act *"^J®^^ *o ^^«
entitled "an act to provide for the establishment of ferries, toll fa J"^ ^"^
bridges, and turnpike roads," approved February r2th, 1827.

Approved, February 23d, 1843.
10

148 FERRIES.

In force, AN ACT to authorize S. Copeland to establish a ferry across the Ohio river,
Feb. 28, 1843. in Massac county.

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

Sam'I Cope- represented in the General Assembly, That Samuel Copeland

rhJpcl'toe's'tab-^^ ^^^ ^^^^ hereby authorized to have and keep a ferry across

llsh a ferry the Ohio river, from and on section twenty-three, in town-

across the ship number fifteen south, of range three, east of the

HO river third principal meridian, and he is hereby authorized and

empowered to charge and receive such tees as the county

commissioners' court of Massac county shall from time to time

fix and determine, and shall pay a tax to the said county, to be

fixed by said court.

Approved, February 28th, 1843.

In force, AN ACT to authorize John M. Robinson, and others, to establish a ferry
Mar. 2, 1843. and for other purposes.

Sec. 1. Be it enacted by the People of the State of Illinois^
Ferry across represented in the General Assembly^ That John M. Robinson,
the Ohio river and his associate, proprietors of the tract of land on which
the town of Massac is situated in the county of Massac, and
their heirs and assigns forever, are hereby authorized to es-
tablish a public ferry across the Ohio river at the said town
of Massac, the point of landing to be fixed on by said propri-
etors.
Regulation Sec. 2. When said ferry shall be so established and put in
thereof operation it shall be regulated and governed by the same

laws that regulate and govern other ferries on the Ohio river
of the same kind; and the said ferry shall be allowed to take
the same rates of ferriage as is allowed at the ferry at Me-
tropolis.
Com'rs to lo- Sec. 3. John Hinds, Henry Toulson, and John W. McKee
cate a road be and they are hereby appointed commissioners to view,
ry'^DPointed"'^^''^ ^"^ locate a State road from said ferry landing, by the
nearest and best route, so as to intersect the Wilcox road
within three miles of said town of Massac. The said commis-
sioners, or a majority of them, as soon as they shall be in pos-
session of this law, shall proceed to perform the duties required
of them by this act, and report the same to the county com-
Road to be missioners' court of the county, who shall cause said road to
opened be opened and kept in repair as other State roads now are,

and the said county commissioners shall allow to the said road
commissioners a reasonable compensation for their services.
Reservation ^^c^ 4. The Legislature hereby reserves to itself the right
to repeal this act when the public good may require it. This
act to take effect and be in force from and after its passage.
Approved, March 2d, 1843.

FERRIES. — FUND COMMISSIONER. 147

AN ACT to enable Henry W. "Wiggington to establiisii a ferrj on the Illi- In force,

nois river. Mar. 3, 1843,

across

Sec. 1. Be it enacted by the People of the State of Illinois^ Ferry
represented in the General Assemhly^ That Henry W. Wigginoj- the Ills, river
ton, of the county of Mason, be and he is hereby authorised
to established a ferry across the Illinois river, at the town of
Matanzas, in Mason county.

Sec. 2. He shall at all times keep on hand a sufficient num- Duty of the
ber of good and substantial ferry boats and other crafts, so as^"''^^'' of the
to afford to all those who may wish a safe and speedy passage, ^^^^
with their stock and otherwise, with a sufficient number of
hands to effect the same.

Sec. 3. The county commissioners of Mason county shall Rates of toll
shall have power to fix and establish such rates of ferriage as ^°^ ^^^^
they may think right and just, and shall also have power to
levy and collect, from time to time, such an amount of taxes on
said ferry, as they may think fair and equitable. Said ferry
is at all times subject to be governed and regulated by the
laws of this State as other ferries arc.

Sec. 4. Should the said Wiggington fail or refuse to com- Failure to
ply with the provisions of this act within any reasonable time, fg^J^^/^^jfj^J'
he shall forfeit his right to the privileges herein granted. privileges

Approved, March 3d, 1843.

AN ACT to abolish the office of Fund Commissioner, and for other pur- In force,

poses therein named. Mar. 4, 1843.

Sec 1. Be it enacted by the People of the State of Illinois, o&ce of Fund
represented in the General Assembly, That so much of an act, Com'r abol-
approved February the' first, one thousand eight hundred and^^^
forty, as creates the office of Fund Commissioner, be and the
same is hereby repealed; Provided, however, the repeal of so Proviso
much of the act as herein referred to, as requires the election of
one Fund Commissioner at each ref^jular session of the General ^""^ Comv

_ ^ O not TGiGJlSGlI

Assembly, shall in no wise impair any responsibility for acts from liabili-
heretolore done and performed by the present Fund Commis-^i^s
sioner, or release him from any legal obligation to the State for
his performances in said office; And provided further, that the Gov. to be
duties heretofore devolving on the office of Fund Commission- ^""flCern'r
er shall hereafter be performed by the Governor, who shall
be capable of suing and being sued, and of settling all debts
and unliquidated accounts, the same as the present Fund Com-
missioner could do, and who is hereby constituted the successor
of said Fund Commissioner as fully as if he had been elected
his successor by joint ballot of the General Assembly.

Sec. 2. That the Fund Commissioner of this State is hereby Fund Com'r
required to pay over to the Treasurer of the State foithwith, ^^P^^^IJ, "^^^^
all the moneys he may have received and now holds in his pos- gufe^r

148

FUND COMMISSIONER. FUNDS.

session as Fund Commissioner of the State of Illinois, and the
Treasurer shall receipt for„the same.
Approved, March 4th, iS43.

In force, AN ACT for the settlement of the accounts of James W. Barret.

Mar. 4, 1843.

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

Barret to pay represented in the General Assembly^ That James W. Barret,

late agsnt of Fund Commissioner of the State of Illinois, shall

pay over to the Treasurer the sum of thirteen thousand eight

hundred and fifty dollars in State scrip, and the sum of four

thousand two hundred and eighty -seven dollars in State Bank

paper, and thereupon the Treasurer shall execute to said James

W. Barret a receipt in full of his account as such agent.

Approved, March 4th, 1843.

certain mon-
ey into the
State treasu-
ry

[n force, AN ACT entitled an act nppoiming the Governor ex-officio Fund Coi
Mar. 4, 1843, sioner of the State of Illinois.

I'und Com'r
to pay certain
money in the
treasury

Gov. consti-
tuted ex-offi-
cio Fund
Com'r

Gov. may
settle claims
against the
State

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That John 0. Whiteside,
late Fund Commissioner, shall within two days from and after
the passage of this act, pay over to the Treasurer of this State
all such sum or sums of bank paper or money as he holds in
his possession, and take a receipt for the same, which the Trea-
surer shall execute for the amount received by him, and the
kind of bank paper cind money so received.

Sec. 2. That the Governor of this State shall hereafter be
Fund Commissioner of the State ex-officio, and shall in all
respects do and perform all acts which the Fund Commission-
er can lawfully do; may, as such, sue and be sued, and all suits
now commenced for or against the Fund Commissioner shall
survive to the Governor, ex-officio Fund Commissioner, and
may sue and be sued in the name of Fund Commissioner of the
State of Illinois.

Sec. 3. The Governor shall have full power and authority
to settle and compound, compromise, or arbitrate all suits,
debts, or contracts for or against the State, and shall commu-
nicate to the next General Assembly.

Approved, March 4th, 1843.

In force, AN ACT applying the bonus of Bond county to the school fund of Baid
Feb. 21.1843. county.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That the bonus granted

FUNDS.

149

to the county of Bond, under the general internal improvement Bonus grant-
law, passed February twenty-seventh, one thousand eight hiin- ^^ '^^fj^J'j'^j^
dred and thirty-seven, and the act supplemental to an amenda- ^^hool lund
tory thereof, be added to and form a school fund for said county.

Sec. )i: It shall be the duty of the county commissioners' ^^^^^^,^.3 ^^
court of Bond county, within sixty days from and after the pay same to
passage of this act, to pay over all of said bonus to the school school com'r
commissioner of said county.

Sec. 3. The school commissioner is authorised to receive said bonus
good solvent notes, well secured, from the said county com- may be paid
missioners of Bond county, in payment of said bonus. '" ""^^^^

Sec 4. The commissioners of Bond county shall, previous Com'r to give
to the paying of said notes or money to said school commis- adcHtionalje-
sioner, if necessary, demand additional security of said com-q"JJJj^
missioner; said bonus when so paid, shall be and remain a per-
manent school fund, be loaned out as other school moneys, and
the interest thereon paid out in the same manner as other
school moneys are from the State. This act to take effect
from and after its passage.

Approved, February 21st, 1843.

AN ACT provide for the distribution of the interest upon the school, col- In force,

lege, and Eeminarj- fund to new counties. Feb. 28, 1843.

Sec. 1. Beit enacted hy the People of the State of /?/mof.'?, clerks of co.
represented in the General Assembly^ That in all cases where com'rs courts
a new county has been created since the taking of the census ^^gg^tp cerii*/y
in one thousand eight hundred and forty, and in all cases to Auditor the
where a new county may hereafter be created, it shall be the number of
duty of the clerk of the county commissioners' court of such ^^^.^^^^^^^^^^j.^
new county, and of each county from which any part of said
new county was taken, to certify to the Auditor of Public
Accounts, within one month after each annual election, the
whole number of votes which shall have been polled in his
county for county commissioner at such election.

Sec 2. The Auditorof Public Accounts, at the next annual
distribution of the interest upon the school, college and sem-
inary fund, after such returns have been received, shall pro-
ceed as now required by law to apportion such interest among
all the counties which were in existence at the time the census
was taken, and for which a census was returned, but in all
cases where a county has been, or shall hereafter be divided
since the census was last taken, the Auditor shall not pay Tot. on school
over to such divided county the portion of the interest ^^P^" {"-b jgj^ '"^^"
the school, college and seminary fund set apart for such di-
vided county according to the census, but shall sub-divide the
same between such divided county and the new county formed
out of apart thereof, equally, in proportion to tlie number of
votes given by each of said counties for county commissioner at

150

FUNDS.

the preceding election, and shall pay over to the school com-
missioners of each of said counties the portions belonging to
said counties respectively, as in other cases.
When new Sec. 3. Where a new county has been, since the taking of

^counties are the ccnsus in one thousand eight hundred and forty, or shall
w™or rnore° ^^reafter be formed out of parts of two or more counties, the
counties Auditor shall set apart the interest upon the school, college,

and seminary fund, allotted according to the census, to the
counties out of parts of which the new county was formed,
and shall throw the portions so allotted to the counties out of
which the new county was formed into an aggregate fund and
proceed to apportion the same equally between the new
county and all of the counties "from which any part of such
new county was taken according to the whole number of votes
given by such counties respectively for county commissioner
at the last preceding election, and shall pay over the portions
set apart to said counties to their respective school commis-
sioners as in other cases.
„ -. Sec. 4. If any new county shall be organized and elections

in case new "^^^ therem, between the annual August election and the first
counties are day of January next ensuing, it shall be the duty of the county
formed be- commissioners' clerk of such county, within one month after
o-ust election '^^^'^ election shall be held, to certify to the Auditor of Public
and let Janu- Accounts the whole number of votes given in said county at
^ry, 1844 g^^h election for county commissioners, and the clerks of the
county commissioners' courts of the counties out of parts of
which such new county was formed, shall in like manner cer-
tify to the Auditor the whole number of votes given in their
counties respectively for county commissioner at the preceding
election, and the number of votes so certitied by the clerks of
the county commissioners' courts to the Auditor shall by him
be made the basis of the distribution of the school, college, and
seminary fund between such counties, as hereinbefore pro-
vided.

Duty of the ^^^* ^' ^^ ^^^^^ ^® ^^^ ^^^Y ^^ ^^^® Auditor of Public Ac-
Audiior counts to procure from the office of the Secretary of State
the whole number of votes which were given at the last
August election for representatives to the General Assembly,
by any new county which has been created since the census
was taken in one thousand eight hundred and forty, and by
the county or counties out ot which such new county was
formed, and in making the distribution of the interest upon
the school, college, and seminary fund which fell due on the
first day of January, one thousand eight hundred and forty-
three, the Auditor shall distribute to the new county and the
counties out of which it was iormed, as is hereinbefore pro-
vided, according to the number of votes which such counties
have respectively given for Representatives as aforesaid.
Approved, February 28th, l"S43.

FUNDS.

151

AM ACT for the better security of State, county, and township funds. In forcp,

Feb. 28, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois ^
represented in the General Assembly, That hereafter the county to keep a
treasurers of the several counties in this State, shall each ofbook in which
them keep a book, in which they shall keep a regular, just, ^hey shall
and true account of all moneys and revenues received by them count^of^al'l
respectively, stating therein particularly in what kind of funds moneys re-
each prirticular sum was received, whether in gold, silver, reived by
county ordcrai, or any other funds authorised to be received
as revenue by the laws of this State. They shall also ke(;p a And time of
regular, just, and true account of the time when, of whom, receiving
and on what account, each particular sum in money, or other ^^"*®
funds, may have been received by them.

Sec. 2. They shall also keep a regular, just, and true ac-Also particu-
count of all moneys and funds paid out by them agreeably to^''^!' account of
law, stating therein particularly on what account each par- paid out
ticular sum was paid out, to whom paid, the particular kind
of money or funds paid out to each individual, and the time
when such paj'ment was made. The books and accounts
aforesaid to be free for the inspection of any individual who
may wish to examine the same.

Sec. 3. That no money, county orders, or other funds, shall No ranney to
hereafter be paid out of any county treasury in this State, ex- ^^ P"i'' °"' ^^
cept in accordance with an order or decree of the county g°pp'j^('^^"^^j^jj
commissioners' courts respectively, or hy a virtue of a law order from co.
specifically directing such payment to be made. com'rs

Sec 4. It shall be the duty of the treasurer of each and Treasurer lo

every county to report to the county commissioners' court of '"^^'°''' ^^ ^°*
, . •' •'.. r . J r ■ ^ com'rs court

their respective counties, at the regular terms ot said courts, at its regular

the amount of money, county orders, or other public funds, in meetings
^■heir possession; also, the amount of money, county orders,
and other public funds received by them since their last re-
port. They shall also state in said report, the amount they
may have received from each and every source of revenue,
by whom, on what account, in what kind of funds, and at
what time the same may have been paid into the treasury.
The said treasurer shall also report to the county commission-
ers' courts of their respective counties, at the regular terms of
said courts, a regular, just, and true account of all payments
out of the treasury, stating particularly at what time, on what
account, in what kinds of funds, and to whom each particular
sum was paid out.

Sec. .5. The clerks of ihe county commissioners' courts of Reports to be
the several counties in this State respectively, shall number, ^l^'' ^J? 'he oi-
file, and carefully preserve the reports mentioned in the fourth derk
section of this act, and the said reports shall be free for the
inspection of any individual who may wish to examine the
same.

Sec. 6, That hereafter no clerk of any county commis-
sioners' court in this State shall receive any money claimed by

152

FUNDS.

Co. clerks to or due to either of the counties of this State, from any source
Ito^,^iT,*L^i?r' whatever, whether on acrounl of revenue, costs, or fines, or

ej8 uue iiie - ' in

counties irom merchants, grocers, tavein-keepers, showmen, pedlars,

or ferry Ucenses, or from any other source whatever.

No cJaims of Sec. 7. No claim of any county, whether for revenue, costs,

any co. shall or fines, or for merchants, grocers, tavern keepers, showmen,
be considered ii r ^^ r ^\ \ .

paid until iheP^"'^^'^? ^^ lerry licenses, or irom any other source whatever,

treasurer's re- shall be considered as having been paid and satisfied until the
ceipt shall be money or other funds shall have been paid to the treasurer of
such county, and his duplicate receipts had therefor, which re-
ceipts shall specify the kind of money or other funds in which
What receipt ^}^^ pavmentsshall have been made: one of which receipts shall
be presented to the clerk of the county commissioners' court
filed^whh^c^^^^^^^ proper county, which said clerk shall number, file, and
clerk 'carefully preserve ihe same in his oflice, which aforesaid du-

plicate receipts, it shall be the duty of the treasurer to give to
any person who shall pay into the county treasury any money
or other funds as aforesaid.
Oaihtobeta- Sec. 8. Th 3 1 hereafter each county treasurer, previous to
ken hy co. entering oa the duties of his oflace, shall take and subscribe an
treasurer following oath, to wit: "I, A. B., treasurer of the county of

, in the State of Illinois, do solemnly swear, (or affirm)

that I will honestly and faithfully pay over to the proper ofli-
cers and individuals authorised by law to receive the same,
any and all current money, and other funds that may come
into my possession by virtue of my oflice as treasurer of the

county of , and that I will not, directly nor indirectly,

exchange, lend, or use any portion thereof, for the purpose of
speculation, nor will I appropriate or apply any portion there-
of to my own use or benefit, or for the use or benefit of anoth-
er, and that I will faithfully, and impartially, and to the best of
my skill and judgment, perform the duties required of me by

law as treasurer of the county of . A. B. Sworn to and

subscribed before me this day of — , 18 — , before

me, C. D., justice of the peace for county."

p^^. ,j ^ Sec. 9. That if any State or county officer, school commis-

enibezziiii!^ sioncr, or any other person charged by law with having the
CO. funds possession and the safe keeping of any public money. Audi-
tor's warrants, county orders, or other funds, belonging to the
State, or to any county in the State, or in any way pertain-
ing to the school funds or any county or township therein,
shall convert to his own use, in any way whatever, or shall use,
by way of investment in any kind of property or merchan-
dise, or for his own use, shall loan, with or v/ithout interest,
any portion of the public moneys, Auditor's warrants, county
orders, or any other funds intrusted to him for safe keeping,
disbursement, transfer, or for any other purpose, every such
act shall be deemed and adjudged an embezzlement of so
much of said moneys. Auditor's warrants, county orders, or
other funds, as shall be thus taken, converted, invested, used,
or loaned, which is hereby declared to be a felony. Any officer

FUNDS.

153

of the State, or of any county, or of any township, and all
persons advising or participating in such act, being convicted
thereof before any court of this State of competent jurisdic-
tion, shall in case the sum so embezzled, taken, converted, in-
vested, used, or loaned, be less than fifty dollars, be fined in a
sum not exceeding two hundred dollars, or imprisoned in the
jail of the proper county not exceeding three months, or both,
at the discretion of the court before which such conviction
shall be had; and in case the sum so embezzled, taken, con-
verted, invested, used, or loaned, shall exceed fifty dollars,
then the said officer or other person so convicted, shall be
fined in a sum double the amount of the sum so embezzled,
taken, converted, invested, used, or loaned, and confined in ,

the penitentiary not exceeding ten years, nor less than one
year; Provided^ however^ that this act shall not be so construed
as to extend to any public officer or agent who shall loan any
school or other fund, in pursuance of any of the laws of this
State.

Sec. 10, If any clerk, county commissioner, or treasurer Penalty for
of any county in this State, shall neglect or refuse to perform refusing to
any of the duties required of them by this act, they shall seve- orihe'duS
rally forfeit a sum of not less than fifty dollars, and not exceed- of this act
ing one thousand dollars, according to the nature and aggra-
vation of the offisnce, to be recovered by indictment in the
circuit court of the proper county, or by action of debt by any
person who shall sue therefor, one-half to the person suing,
and the other half to the proper county.

Sec. 11. The county commissioners' courts of this State co. com'rs to
shall publish annually, at their June terms, in a newspaper, if publish annu-
one is printed in the county, a full and perfect statement of ^^gn^Vf ^he"
the financial aflfairs of their respective counties, and if a news- financial af-
paper is not published in said county, then the clerks of said fairs of their
courts snail post the same up in their respective offices, and°°""*J^
shall be kept there for the inspection of all persons, at all times,
they [whojmay desire to examine he same.

Sec. 12. All acts coming within the purviewof this act are
hereby repealed.

Approved, February 28th, 1843.

AN" ACT in relation to the school fund of Lawrence county. In force,

Mar. 3, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represeyited in the General Assembly, That the school commis-jjj' Lawrence
sioncr of the county of Lawrence, and the trustees of schools co. and trus-
in the several townships in Lawrence and Wabash counties, ^^es of ^
shall be and they are hereby authorized to dispose of all de-^^^^^yj,^^
preciated money which they may have on hand belonging to may dispose
the school fund, upon such terms as in their judgment will be o^^^preciated
most to the advantage of the school fund. paper

Approved, March 3d, 1843.

154 GEOLOGICAL SPECIMENS.

In force, AN ACT to authorizoand direct the Secretary of State to receive and pre-
Mar. 4, 1843. serve geological specimens, and for other purposes.

Preamble Whereas, it is desirable to obtain and diffuse amongst the
people scientific knowledge, and especially a knowledge of
mineralogy and geology, as contributino; greatly to their
happiness as well as the growth and perfection of agricul-
ture and the mechanic arts; and whereas, it is desirable
that a thorough geological survey of the State should be
made so soon as the financial affairs of the State will per-
mit, and as it is believed that until such survey can be made
much useful information may be obtained by the voluntary
aid and contributions of patriotic individuals, that will be of
much immediate practical utility as well as greatly aid in
such future survey; therefore, to effect objects so desirable,
Sec. 1. Be it enacted by the People of the State of Illinois,
Se f Sf t ^^pi'^^^^f'^d in the General Assembly, That the Secretary of
required to State be and he, hereby is authorized and required to receive
receive cer- and safely preserve, in some convenient and proper place in
tainspeci- ^^^ State House, all such geological and mineralogical speci-
mens, ancient remains, Indian and other antiquities, as may
be presented or sent to him.
To make a Sec. 2. It shall also be the duty of the Secretary of State to
catalogue make and preserve, in the library room of the State House, or
in the room where said specimens shall be kept, a catalogue,
specifying therein from what place, from whom and when
the same was received, with such additional memoranda as he
shall deem important and proper.
He shall pre- ^^^* ^* ^^ shall be the duty of the Secretary of State to file
serve all let- away and preserve in his ofiice all letters and written state-
ters aceompa-njents accompanying said specimens, and such treatises on
mena^ ^^^^^' scientific subjects as shall be furnished to him, and at each ses-
sion of the General Assembly he shall report thereto, giving
a general account of the specimens received and the informa-
tion obtained by virtue of this act.
This act to be ^^^' ^* ^^ ^^^^^ ^^ ^^^ ^^^Y of the Secretary of State, im-
printed and mediately after the passage of this act, to cause to be printed
copies sent to \^y ^\^(, public printer, on strong, stout paper, of suitable size,
circuit c er s ^^.^ ^^^ ^^^ preamble thereto, together with the queries ac-
companying the report of the select committee to whom the
resolution adopted by the House of Representatives, relative
to mineralogical and geological enquiries was referred, he
shall cause one thousand copies thereof to be printed, and
shall transmit five copies thereof to each of the clerks of the
circuit court of the respective counties in this State.
Clerks to post Sec 5. It shall be the duty of the said clerks respectively,
them up in upon the receipt of the printed copies of this act and preamble,
t eir o ces ^^^ queries, firmly to post up a copy thereof in some conve-
nient and conspicuous place in the court room of the court
house of the county, or in the room where the circuit court
of the county is usually holden, one copy in his office, and one

INCEST. INCORPORATIONS.

copy in some other public place in the county; and in case
the copies thus posted up shall be removed by casualty or
otherwise, it shall be the duty of said clerk to cause another
copy to be posted up in its stead.

Sec. 6. Any person who shall intentionally deface, obliter-
ate, tear down, or destroy, in whole or in part, any of the
copies of said preamble, act, and queries, when posted up as
aforesaid, shall be liable to the same penalties and in the same
manner as is now provided by the one hundred and thirty-
fourth section of the criminal code of this State.

Approved, March 4th, 1843.

155

AN ACT to punish the crime of incest. In force,

Feb. 7, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly. That all marriages here- With)n what
after contracted between parents and children, includmgriages are in-
grand-parents and grand-children of every degree, between cestuous and
brothers and sisters of the half as well as of the whole blood, ^°^^
and between uncles and nieces, aunts and nephews, are de- ^ .
clared to be incestuous and absolutely void. This section widun ™h:^
shall extend to illegitimate as well as legitimate children and act
relations.

Sec. 2. Persons within the degrees of consanguinity within
which marriages are declared by the first section of this act
to be incestuous and void, who shall intermarry with each
other, or who shall commit adultery or fornication wilh each
other, or who shall lewdly and lasciviously cohabit with each p . ,
other, shall be liable to indictment, and upon conviction be
punished by imprisonment in the penitentiary not exceeding
ten years.

Sec 3. Any person convicted of the crime of manslnugh- j^^^^^^^^ht^
ter shall be punished by confinement in the penitentiary for a ■ ^
term not exceeding eight years. The twenty-ninth section ^^^^ ?®°-L^°i^

i'.i dr ^ ^^ • ' ° r.y '' ■ i .• . • • 1 • • of criminal

of the faith division of the act in relation to criminal jurispru- code repealed
dence be and the same is hereby repealed.

Sec. 4. If a father shall rudely and licentiously cohabit Father coha-
with his own daughter, the father shall on conviction, be pun- ^aighterl
ished by a confinement in the penitentiary for a term not ex- how punished
ceeding twenty years.

Approved, February 7th, 1843.

AN ACT to incorporate the Tazewell County Farmers' and Mechanics' ^^ „ ^l'„

Compan>. Mar. 3, 1843.

Sec 1. Be it enacted by the People of the State of Illinois t
represented in the General Assembly, That Samuel Wood row,
Nathan Dillon, Daniel Dillon, Daniel M. Bailey, Lewis Pret-

156 INCORPORATIONS.

Tazewell co-tyman, William Ramsay, H. L. Walch, and Hugh Woodrow,
MechaScs" ^^^ their associates and successors, are hereby created a body
company in- politic and corporate, under the name and style of the Taze-
corporated well County Farmers' and Mechanics' [Company] & Co.,
by that name shall be and are hereby made capable in law
General pow- tQ g^jg aji(j bg sued, plead and be impleaded, defend and be
defended in any court of record or any other place whatever;
to make, have and use a common seal, and the same to re-
new or amend at pleasure, and shall be and are hereby vested
with all the powers necessary to carry into effect the purposes
and object of this act.
May purchase ^E^* ^' "^^^ company hereby incorporated shall have
real estate power, and are authorized to purchase real estate and other
property, not exceeding the capital stock of said company,
for the use and benefit of said company, and erect buildings
thereon for mercantile, agricultural and mechanical pur-
poses.
Capital stock Sec. 3. The capital stock of said company shall consist of
five thousand dollars, divided into shares of twenty-five dol-
lars each, with the privilege of extending the same to fifty
thousand dollars.
Officers Sbc, 4. The immediate government and direction of said

company shall be vested in a board consisting of a president,
vice president and six trustees, a majority of whom shall con-
stitute a quorum for the transaction of bu?iness.
^ . . Sec. 5. As soon as the capital stock herein provided for
stockholders shall be subscribed, or two thousand five hundred dollars
thereof, the said Samuel Woodrow and company shall give
public notice thereof; and call a meeting of the stockholders,
who shall organize a board for the purpose of commencing
business.
Time of elec- ^^^' 6. The election of ofiicers shall be held semi-annually
ting officers in July and January, and each share represented in person, or
by authorized proxies, shall be entitled to one vote, and those
having the greatest number of votes shall be declared duly
elected; elections shall be holden in Pekin, Tazewell county,
Illinois, at which meeting the officers shall be chosen.
Company ^^^' '^' The said company shall have power to make and

make by-laws establish such by-laws and ordinances as they shall deem ne-
cessary to carry into effect the provisions of this act; Provi-
ded^ the same be not repugnant to the constitution and laws
of this State or of the United States.
Stock person- Sec. 8. The stock of said corporation shall be deemed per-
al property sonal property, certificates for which shall be issued, signed
by the president and countersigned by the secretary, and the
same shall be transferable on the books of the corporation in
Pekin.

Sec. 9. All bonds and deeds, in the purchase of real estate

Deeds how ^y ^he said corporation, shall be executed to the president and

trustees of said company, and their successors in office, in

trust for the stockholders of said company, and all convey-

INCORPORATIOKS. 157

ances of real estate, sold by the said corporation, shall be made
by the president with consent of trustees, who shall be stock-
holders in the aforesaid company.

Sec. 10. No person except he be a practical farmer or me- Qualification
chanic shall be eligible as a stockholder in said company, andofatockhold-
no stockholder shall purchase or hold more than four shares. ^"

Sec. 11. This act is hereby declared a public act, to takep^^jji^jj^pj ^^
effect from and after its passage, and be liberally construed
for the purposes herein contained, and continue in force for
the term of twenty-five years; that the Legislature hereby re-
serves to itself the right, at any time hereafter, to alter, mod-
ify or repeal this act, and the stockholders of this incorpora-
tion shall be liable in their private property for all corporate
debts.

Approved, March 3d, 1843.

AN ACT lo amend an act entitled "an act to incorporate the Union Agri- In force,

cultural Society." Mar. 3, 1843.

Sec. I . Be it enacted by the People of the State of Illinois,, xjnion Agri-
represented in the General Assembly, That from and after the cultural Soci-
passage of this act, the Union Agricultural Society may adopt ^^^
a constitution and by-laws for its government, and may amend
the same at pleasure, and may, by them, direct the proceed-
ings of the society in the following particulars; any thing in

the original act of incorporation, or the amendment thereto, to Certain pro-
I ^ , , . 1 ^ -• • II 1 • ' , ceedin^s not

the contrary notwithstanamg; m all matters pertammg to toiuyalidat©
the meetings and giving notice thereof; the obtaining of sub- its charter
scriptions to the capital stock; the plans that may be adopted
for promoting the objects of the society, as declared in the first
section of the original act of incorporation ; the number of trus-
tees and other officers that shall be elected, and from what
part oi the district of the society: the mode of election, and
the terms of office of the several officers; and any informalities
that may have occurred heretofore, in the transactions of the
society, shall not invalidate its charter.

Sec. 2. That when specific powers are granted to the trus-
tees, those powers may be exercised by the stockholders; that
where new counties have been or may be created, embracing
a portion of the district of said society, said county or counties
may or may not be included within the bounds of said incor-
poration, as the society shall determine by vote of two-thirds
of all the members present at an annual meeting.

Approved, March 3d, 1843.

153 INCORPORATIONS.

In force, AN ACT to incorporaie the Grand de Tour Manufacturing Company.
Mar. 4, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
Grand de represented in the General Assembly^ That Solon Cumins, Wil-
Tour Manu- liam G. Dana, and Willard A. House, of Ogle county, and
factunng their ass^ociates, successors, and assigns, are hereby constitu-
corporaied ^^d a body politic and corporate, by the name and style of the
Grand de Tour Manufacturing Company.

Sec 2. Said company shall be competent to contract and
General pow- be contracted with, and be capable in law and equity to sue
ers and be sued, plead and be impleaded, to answer and be an-

swered unto, to defend and be defended in all courts and places,
and in all matters whatsoever. Said corporation may have
and use a common seal, which they may alter or change at
pleasure, and may also make and establish, and put in exe-
cution, such by-laws, ordinances, and regulations as may be
' necessary for the good government of said corporation, and
the prudent and etiicient management of its affairs; Provided^
the same be not inconsistent with the .spirit of this act, the
constitution of this State, and the constitution of the United
States.
Caoital stock ^^^' ^- '^^^ capital stock of said company shall be one hun-
dred thousand dollars, divided into shares of one hundred dol-
lars each, and the said corporation may have power to increase
their capital stock to any amount, not exceeding two hundred
and fifty thousand dollars, if such amount shall be deemed ne-
cessary, to be by them expended in the erection of mills, ma-
chine works, boats, wagons, necessary buildings, digging such
runs and canals as may be necessary to carry on their business,
and also to be expended in mining for stone coal and other
materials.

Sec. 4. In order to facilitate the business operations of said
May loan company or corporation, they shall be authorised to obtain
money on ^^^ ^^ sums of monev on the issue of their bonds or other

tneirnonaeor J ^iii, .• i i c

other eviden- evidences of debt; also, to negotiate a loan or loans or money

ces of indebt- to the amount of its capital stock, and to pledge all its proper-

edneas ^^^ ^.^^j ^^^ personal, and all its rights, credits, and franchises

for the payment thereof; Provided^ that the evidences of debt

authorised by this section shall not be issued for the purpose

of circulation as money.

Sec 5. Said corporation shall have the right to erect a

May erect a ^^^ across the north branch of Rock river to the island lying

Rock^rlver opposite the town of Grand de Tour, of such height as they

may deem necessary for the creation of water power; Provided,

that said dam shall not interfere with the free navigation of

said river.

May hold real ^^^' ^' That said corporation may purchase and hold such

estate real estate as may be deemed necessary for the transaction of

its business; Provided^ the same shall not exceed six hundred

and forty acres; but said corporation may hold, as securities,

any real estate, mortgaged or pledged, to secure the payment

INCORPORATIONS.

of debts due, or that may become due, to said corporation; and
also, may purchase on sales made by virtue of any judgment
at law, or any decree of a court of equity in favor of said cor-
poration, to take and receive real estate in payment, or to-
wards the satisfaction of any debt previously contracted or
due said corporation, and to hold the same until they can con-
veniently and advantageously sell and convert the same into
money or personal property, and to sell and convey said real
estate or any part thereof; Provided^ all real estate purchased
under judgment of any court of law, or decree of any court of
equity, or taken in payment of debts as aforesaid, shall be sold
within five years from the date of purchase as aforesaid, other-
wise the same shall be forfeited to the State of Illinois.

Sec. 7. This act is hereby declared a public act, and shall
take efTect from and after its passage, and remain in full force
for twenty-five years.

Approved, March 4th, 1843.

159

AN ACT to incorporate the Coltonville Steam and Hydraulic Manufacliir- In force,

ing Company. Mar. 1, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Abiel Richardson, Coltonville
Erastus Hamblin, Rufus Colton, Curtis Smith, I.evi C. Bar-^teamand
ber, Calvin S. Colton, Henry B. Barber, George Hartshorn, jyj-^j,^j}"j.\'yr.
Russel Huntley, Phineas Stephens, Solomon Hollister, Wil-ing company
liam Thompson, Luman Huntley, and James Paisley, and i"^°^po^''^^^^
their associates and successors, shall be and they are hereby
declared a body corporate and politic, by the name and style
of the Coltonville Steam and Hydraulic Manufacturing Com-
pany, and by this name they and their successors shall have
succession, and shall, inlaw, 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 plea-
sure; and they and their successors may also, by that name
and style, be capable, in law, of purchasing, holding, and con-
veying real and personal property for the use and purposes of
said incorporation; which real estate shall not exceed one
hundred and sixty acres of land whereon to erect the neces-
sary enclosures, and for other purposes connected with the bu-
siness of said company.

Sec. 2. Be it further ejiacied, That said company hereby
created shall have power to erect mills and manufactories, tOpQ^g/g
be propelled by the power of steam, wind^ or water, at the
village of Coltonville, in the county of De Kalb, and they are
hereby authorized to construct a dam on the branch of the
Kishwaukee, running near the said village; and the company
hereby created shall have power to carry on the manufactur-
ing of the various kinds of grain, wool, cotton, hemp, lumber,

160 INCORPORATIONS.

and other manufactures, to export the same, and other pro-
ducts of the country, and to use all such other powers and
privileges as may be necessary to carry on the business of said
company.
Caoital stock ^^^* ^' '^^^ capital stock of said company shall consist of
three thousand dollars, with the privilege of increasing the
same to one hundred thousand dollars, to be divided into shares
of twenty dollars each.
Com' b ^^^' ^' ^^^ ^^^ purpose of carrying into effect the objects

tain capital of this corporation, Abiel Richardson, George Hartshorn,
Curtis Smith, Levi C. Barber, and Calvin S. Colton are hereby
appointed commissioners to obtain subscriptions to the capital
stock of said company, and said commissioners, or a majority of
To open them, after giving general notice thereof, may open books for
books for sub- the subscription of said stock at such times and places as they
scnptioDs ^^y (direct, and keep them open until at least one hundred
Three dollar «i"dfifty shares are subscribed. Every person, at thetime of sub-
per share to scribing, shall pay to said commissioners three dollars for each
be paid at the share subscribed, and when such subscription is completed as
scdbin/" aforesaid, or within sixty days thereafter, said commissioners,
or a majority of them, shall ca?l a meeting of the stockholders
at Coltonville, by posting up notices in different public places
in the county of De Kalb. -
Meet'n f ^^^* ^' -^^^ such meetings the stockholders of said company
stockholders shall proceed to elect, from theirown body, five directors, who
to elect direc- shall manage, direct, and g3vern the affairs of said company
^°" one year from the period of said election, and until their sue-

Their duties ccssors are elected and qualified, and that at said election each
stockholder shall be entitled to one vote for each share he or
she may hold, and a majority of all the votes given shall be
Elections &.C. required to make an election. The period of election, of di-
rectors as aforesaid, shall be annually on the first Monday of
the month in which the first election shall be held; Provided,
always, that in case of the absence of any stockholder, the
samft may vote by proxy.

r«i„„.; J She. 6. Immediately after the directors are chosen as afore-

Hiiection ana . , • i n i i i • i • i

dutyofoffi- said, they shall hold a meetmg, at which, and at all subse-

<^6" quent meetings of the board, a majority of the directors shall

constitute a quorum, and they shall proceed to the election of
a president from their own body, a secretary shall also be
chosen from the body of the stockholders, who, before entering
upon the discharge of his duties, shall take an oath before
some justice of the peace, or other person legally authorized
to administer the same, for the faithful discharge of his duty,
and who shall record all votes and other proceedings of the
corporation in a book to be kept for that purpose; a treasurer
shall also be appointed in like manner, who shall take a simi-
lor oath and shall give bond to such amount, and in such man-
ner, as the said president and directors shall direct, and the
board shall appoint all such other officers and agents as to
them may, from time to time, appear necessary.

t
INCORPORATIONS. 161

Sec. 7. Said president and directors shall have power to
make and establish such by-laws, rules, and regulations as By-laws
shall be necessary and not inconsistent with the laws of this
State and the provisions of this act, and which may be neces-
sary for the payment and collection of the subscriptions to its '
stock, and take transfer of the same, and of property, or that
may in any other way concern the management and direction
of the affairs of said company.

Sec. 8. If it should happen that any election should not be corporation
made the day on which, by the provisions of this act, it should not to be dis-
be made, the corporation shall not for that reason be dissolved, solved for
but such election may be held on any other day within thirty ^jg"^^^^ ^"
days thereafter, public notice being given by the directors
thereof.

Sec. 9. This act shall be deemed a public act, and shall ^"^^^° ^°^
be construed favorably for the purposes therein expressed
and declnred in all courts and places whatsoever.

Sec. 10. The stockholders in said company shall be liable Stockholders
individually for any deficit that might arise in the liquidation j^^Y^'^^^^'^
of the liabilities of said company in proportion to the amount (je^ts of com-
of stock that each may hold after the assets of said company pany
are exhausted.

Approved, March 1st, 1843.

AN ACT to incorporate the Galena Manufacturing Company. In force,

Mar. 6, 1843.

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

represented in the General Assembly, That all such persons ufacturing
as shall become subscribers to the stock hereinafter described, company
shall be and they are hereby constituted and declared a body
politic and corporate, by the name and style of the Galena
Manufacturing Company, from and after the passing [of this
act,] and by that name they and their successors shall have suc-
cession for the period of twenty-five years, and shall, in law,
be capable of suing and being sued, pleading and being im-
pleaded, in all courts and places whatsoever, and they shall
have power to hold real estate to any amount not exceeding
eighty acres.

Sec 2. The president and directors of said corporation General pow-
hereinafter provided for, shall have power, and are hereby era
authorised to carry on the manufacture of flour, lumber, lead,
woollen and cotton goods, and to carry on all kinds of mechan-
ical and manufacturing business, and to erect all necessary
buildings and machinery for the prosecution of the same, and
to give and receive promissory notes, and to do and perform
all necessary acts as natural persons; Provided^ that said cor-
poration shall not issue any promissory notes^or other evidence
of indebtedness intended as a circulating medium.
11

162 INCORPORATIONS.

Capital slock Sec. 3. The capital stock of said company shall be fifty
thousand dollars, with power to increase the same to one hun-
dred thousand dollars; which said capital stock shall be divided
into shares of fifty dollars each, payable in such instalments,
and at such times, and subject to such forfeitures, as shall be
prescribed by the saia board of directors.
CoruVs to Sec. 4. That for the purpose of carrying into effect the ob-

opcu books jeci of this incorporation, Charles S. Hempstead, Reuben W.
Brush, Daniel Wann, T. B. Farnsworth, William Hempstead,
E. W. Turner, and Edward H. Snow, are hereb}^ appointed
commissioners to obtain subscriptions to the capital stock of
said company, and said commissioners, or a majority of them,
shall take such measures for opening books for the subscription
to the capital stock of said company, in such manner, at such
times and places, and on such terms, as they shall deemex pe-
dient and proper.
Directors to Sec. 5. The said commissioners, at an early day, shall call
be elected ([-^q stockholders together for the purpose of electing the direc-
tory of said company; at which meeting there shall be elected
by ballot five directors, each five shares giving one vote; and
there shall annually thereafter be elected five directors of said
company, and the said directors so chosen, or a majority of
them, shall constitute a board, and be competent to the trans-
action of business, and may, after electing one of their num-
ber to preside over the board, Irom time to time make and
prescribe such by-laws, rules, and regulations relative to the
concerns of said corporation, and appoint and create such of-
ficers as they may deem necessary in carrying on the business
of said corporation.
Indebtedness Sec. 6. The total amount of debts which the said corpora-

nnt to exceed ^j^j^ shall at any time owe, shall not exceed the amount of their
capital stock .^i,i*^i- r i -i • i

capital stock, and m case o. such excess, those unaer whose

administration it shall happen shall be holden for the same in
their private and individual capacity, but this shall not be
construed to exempt the corporate property of the company
from being also liable and chargeable for such excess, and the
stock of said corporation shall be deemed personal property,
and assignable and transferable on the books of the corpora-
tion; but no stockholder indebted to the corporation shall be
permitted to make a transfer until such debts be paid or se-
cured to be paid to the satisfaction of the directors.
Not to have Sec 7. That nothing in this act shall be construed to invest
banking pow-gjii(i company with any banking powers, or to authorise them to
^" make, emit, or utter any bills of credit, bank notes, or other

things, to be used as a circulating medium, as and in lieu of
money.

Approved, March 6th, lS:i3,

INCORrORATIONS. ' 163

AN ACT to incorporate the Mechanics' Institute in the city of Chicago. In force,

Jan. 2, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That Charles M. Grey,
Alson Sherman, Elijah Smith, ira Mittemore, and such other
persons as are or may become members of the Chicago Me-
chanics' Institute, are hereby constituted a body politic and Name ofcor-
corporate, located in the city of Chicago, and by the name of P**''^^^'^"
tlic Chicago Mechanics' Institute.

Sec. 2. The objects of the said association are to diffuse Objects of in-
knowledge and information throughout the mech;inical classes, corporation
to found lectures on natural, mechanical, and chemical phi-
losophy, and other scientific subjects, to create a library and
museum for the benefit of mechanics and others, and to estab-
lish schools for the benefit of their youth, and to establish
annual fairs.

Sec. 3. The said corporation shall have power to contract Corporate
and be contracted with, sue and be sued, implead and be im- powers
pleaded with, answer and be answered unto, in all courts of
this State, and shall be vested with all the powers and priv-
ileges necessary to carry out and fulfil the objects of their cor-
poration.

Sec. 4. Said corporation shall have further power to
establish for its government a constitution and by-laws, to By-laws
have a common seal, to alter and change the same, to erect a
building in the city of Chicago for its accommodation, and to
that end to obtain and hold, and convey a lot or lots of land Maj-hold re-
in said city, not exceeding ten thousand dollars in value, and '^^^s^'^it^
such amount of personal property as the said institute may
obtain by purchase, donation, or otherwise.

Sec 5. The property, real and personal, of said corpora- Power to
tion shall be devoted solely to the purposes and objects of peal
said institute, as set forth in the second section of this act, and
the Legislature shall have power to repeal this charter when-
ever the public good shall in their opinion require it.

Approved, January 2d, iS43.

re-

AN ACT entitled "an act to incorporate the Morgan Institute." In force.

Mar. G,'l843.

Sec. 1. Beit enacted by the People of the State of Illinois^
represented in the General Assembly, That James A. McDou-^^°''-^^" ^^'®*^'
gall, George M. Chambers, Thomas Monroe,.C. Scott, B. F. S"'"''^*"
Stevenson, H. B. McClure, N. English, O. M. Long. J. C. '
King, J. Bancroft, and their successors in office, be and they
are hereby created a body corporate, under the name and
style of the Morgan Institute, by which name and style they
shall have perpetual succession, and shall have and exercise
all such corporate powers as shall or may be requisite or ne-
cessary in promoting the object of this incorporation, to wit:

164 INCORPORATIONS.

Object of in- thc establishment of a library and reading rooms, maintaining
corporation jj^gpary and scientific lectures, and generally promoting moral
and intellectual improvement, and for such purposes the said
corporation may make contracts, sue and be sued, implead
and be impleaded, take by purchase, devise or otherwise, and
hold, transfer and convey real estate to the amount of twenty
thousand dollars, and also take, hold, sell, and convey, all such
books, cabinets, library, furniture, apparatus, and personal
properly generally, as may be convenient or necessary for at-
taining the objects and carrying into effect the purposes afore-
said.
Control of *!^KC. 2. The control and disposal of the funds, property

property Sec. and cstate, and the direction and management of the concerns

of mcorpora- Q^ |.|^g g^j^^ corporation shall be vested in an executive com-

tion vested m . ^ ^ ^ . , . . ,

executive mittee, to consist ot a president, two vice presidents, a secre-

coiumittee tary, treasurer and five managers of the said corporation,
who shall be elected annually to their respective offices by
such of the members of the said institute as may be entitled
by the rules of [thej institute to vote at such elections. Said
Elections annual elections shall be held on thc second Monday of Au-
gust of each year, or on such other day as said incorpora-
tion may appoint; and until the next annual election the fol-
lowing named persons shall constitute the officers of said
incorporation, to wit: James A. McDougall, president, George
Qg M. Chambers and Thomas Monroe, vice presidents, 0. Scott,

secretary, B. F. Stevenson, treasurer, and H. B. McClure,
N. English, O. M. Long, J. O. King and J. Bancroft, mana-
gers; in case of a vacancy occurring at any time in any of said
offices by death, resignation, or otherwise, the said executive
committee shall have power to fill the same.
Certain prop- Sec. 3. All personal property, funds, securities, of every
ertj vested in ija,tupe and kind whatsoever, now held bv the above named
incorporation .i • "'i. i r *i

' persons, or any other person or persons, in trustor tor the use

of a society heretofore and now known as the Morgan Insti-
tute, in the town of Jacksonville, shall, by virtue of this act,
vest in and become the property of the incorporation hereby
created, and may be sued for and recovered in the name
thereof.
Application ^Ec. 4. The estate, property and funds of the said corpora-
of funds tion, shall be devoted exclusively to the general purposes

specified in the first section of this act.

Sec. 5. This act shall take effect immediately upon its pas-
sage.

Approved, March 6th, 1843.

Fn force, AN ACT to incorporate the La Salle County Mutual Fire Insurance
Mar. 3, 1843. Company.

Sec. 1. Be it enacted by the People of the State of Illinoi^^
represented in the General Assembly^ That John C. Champlin

COMPANIES.

165

Lorenzo Leland, Alson Woodruff, Harmon Hurlbut, R. P. La Salle Mn-
Woodworth, Randolph Sizer, H. G. Cotton, J. V. A. Hoes, 'g;;';^™/^"^.
Daniel Sanger, George E. Walker, and William M. True, and pany incor-
all other persons who may hereafter become members of said porated
company in the manner herein prescribed, be and they hereby
are incorporated and made a body politic for the term of
twenty years from the passa^^e of this act, by the name of
the La Salle County Mutual Fire Insurance Company, for the
purpose of insuring their respective dwelling houses, stores,
shops, and other buildings, household furniture, and merchan-
dize against loss or damage by fire, whether the same shall hap-
pen by accident, lightning, or any other means, excepting that
of design in the assured, or by the invasion of an enemy, or in-
surrection of the citizens of this or of any of the United States, Qe,jeral pow-
and by that name may sue and be sued, plead and be implea- era
ded, appear, prosecute, and defend, in any court of record or
other place whatever; may have and use a common seal, may
purchase and hold such real and personal estate as may be
necessary to effect theobjectof theirassociation, and the same
may sell and convey at pleasure; Provided^ such real estate
shall not exceed one hundred and sixty acres; may make, es-
tablish, and put in execution, such by-laws, ordinances, and
regulations, not being contrary to the laws of this State or of
the United States, as may seem necessary and convenient for
their regulation and government, and for the management of
their affairs, and do and execute all such acts and things as
may be necessary to carry into full effect the purposes intend-
ed by this charter.

Sec. 2. All the sections, except the first, of "an act to incor- Provisions of
. Til- • ->/r 1 T^- T A «, , the law incor-

porate the lllmois ivlutual r ire Insurance Company," approved porating Illi-

February twenty-third, one thousand eight hundred and thir- nois Mutual
ty-nine, shall be and hereby are made a part of this act; Pro- ^^^^^^^l
vided, that the words Alton and Madison, in said recited act, pan of this
shall in this act be Ottowa and La Salle; And provided further^ act
that for the words "of Madison" in the tenth section of the
aforesaid recited r.ct, shall be substituted in this act the words,
"in which such loss or damage may have accrued."
Approved, March 3d, 1843.

AN ACT to repeal an act entitled ''an act to regulnte Foreign Insurance In force,
company agencies established in the State ofllJinoie, and for other pur- Mar. 4, 1843.

poses "

Sec L Be it enacted by the People of the Stite of Illinois,
represented in ihe General Assembly^ That an act entitled "an ^^""^^^^ /^^^
act to regulate Foreign Insurance company agencies, estab-^^^'
lished in the State of Illinois,*' approved February twenty-
seventh, one thousand eight hundred and forty-one, be and
the same is hereby repealed.

166

INSURANCE COMPANIES.

charged

Sec. 2. Hereafter the agents of foreign insurance compa-
rar^ce^compa- ^^^^ shall, upoH their acceptance of such agencies, signify the
nies regulated sanric in writing, to the clerk of the county commissioners'
court of their respective counties, which notice shall be filed
by the clerk in his office, which shall entitle the agent to grant
policies of insurance, according to the laws governing the
company of such agency.
ForeFgn Insn- ^^c. 3. The said agent or agents shall be required to pay
rfince comp:i- over to the clerk of the county commissioners' court three per
rues to pay cent, on the amount of premiums charged by him on all poli-
percent.on ^^^^ ^y him issued, and the said clerk shall give to the agent
the amount ofduplicate receipts, one of which the clerk shall retain, and
premiums ^|^g g^y clerk shall enter the amount so received in a book
kept by him for that purpose, designating the time when, and
from what agent the same was received, and the said clerk
shall, on the tirst day of January and the first day of July
annually, (if he has in his hands any funds so received) make
out an abstract of the sam.e, and shall forw^ard said abstract,
together with the money on hand, to the Treasurer of the
State of Illinois, who shall receive the same and enter the
amount so received in a book kept by him for that purpose,
with the time when, and from what clerk and county the
same was received; and the moneys so received shall be con-
sidered as revenue to the State, and by the Treasurer paid out
as such.

Sec 4. Any agent failing to pay over to the clerk of the
county commissioners' court, the per cent, as directed in this
act, shall subject himself to be tined double the amount of
the premium upon \"hich he failed to pay over the per cent.
as directed in this act, which fine may be recovered before
any justice of the peace, or any court having competent juris-
diction, by action of debt; one half of the fine recovered
under this aci, to go to the informer and the other half to be
paid over to the clerk of the county commissioners' court, and
paid over by him to the State Treasurer, in like manner as the
per cent, in this act is directed to be paid.

Sec. 5. This act to take effect from and after its passage.
Approved, March 4th, 1843.

Penalty for

not paying
per cent.

In force, A.N ACT to amend thu act entitled "an act to incorporate the Illinois Mu-
Mar. 4, 1843. tual Fire Insurance Company," approved February 23d, 1839.

Directors of ^EC. 1. Be it enacted bi/ the People of the State of Illinois,
Ills. Mutual represented in the General Assembly^ That the directors of said
corapan"y^"^°^^"^P^"y ^^ '^"^ ^'^^^ ^^^ hereby authorized to settle and pay
may pay all all losses at only one uniform period in each year, subsequent
losses at one to tho annual assessment; Provided^ that members sustaining
yea""^ ^^^^^ loss or damage by fire shall be allowed interest thereon from
the time due notice has been given of such loss until payment
is made; and so much of the fourteenth section of said act as

INSURANCE COMPANIES. 107

is inconsistent with the provisions of this act be and the same
is hereby repealed.

Sec. 2. In all suits by or against said conripany, any mem- Members of
bers of said company shall be a competent witness, except in^^''"P?"'3,r

I'll I 11 1 T 1 T-> • I ; coiapetent

suits in which he or she shall be directly a party; rroi;ZGferf, witnesses
that such person shall not be otherwise disqualified.

Sec 3. The records of said company, or copies thereof, Copies of re-
duly authenticated by the signature of the president and sec- ^'^^^^^^s'^™'*-
retarj, shall be competent evidence in any suit in which said ^^
company may be a party.

Sec 4. In case it shall become necessary to resort to theI"^iJf^"ce
lien on the property insured, the treasurer shall demand P^y- cou"eaed°^
ment of the insured, or his legal representative, and of the
tenant in possession, and iii case of non-payment said compa-
ny may sustain an action on the dcposite note, and then ex-
ecution may be levied on the insured premises, and the officer
making the levy may sell the whole, or any part of the estate
at auction, giving notice and proceeding in the same manner
as is required in sales under execution, or may proceed in
equity at the option of the company.

Sec 5. That if any person or persons, v/ho are or shall ^^",'^^^y/'^'''
become members or said company by eliecting insurance ^.^gj^^^^Qf
therein, their heirs, executors, administrators, or assigns, assessment
shall neglect or refuse the payment of any assessment or as-
sessments duly ordered by the directors of said company, for
the term of thirty days after the same shall have become pay-
able, agreeable to public notice by the treasurer, the party so
in default shall be excluded and debarred, and shall lose all
benefit and advantage of his, her, or their insurance or insu-
rances respectively, for and during the term of such default
or non-payment, and notwithstanding, shall be liable and
obliged to pay all assessments that shall be made during the
continuance of his, her, or their policies of insurance, pursu-
ant to the provisions of the act to which this is an amend-
ment.

Sec 6. That in all cases where real or personal property Insured prop-
insured by said companv shall become alienated by sale, by^.j^'/^^^^^'jj^'
change in partnership or ownership, or otherwise, the policies unless same ia
issued thereon shall be void, and shall be surrendered to said :issignv?d by
company to be cancelled, and said company shall not be i'fi- ji^r^cTors"
ble for any loss and damage which may happen to any pro-
perty after such alienation as aforesaid unless the policies
issued thereon shall have been duly assigned or confirmed by
the consent of the directors to the actual owner or owners
thereof previous to such loss and damage, and no policy is-
sued by said company shall be deemed to have been duly
assigned or confirmed unless the consent of the directors to
such assignment or confirmation is certified on such policy by
the secretary of said company.

Sec 7. That so much of the act to which this is an amend-

168 INTEREST. JUDGMENTS AND EXECUTIONS.

ment as is inconsistent with this net be and the same is hereby

repealed.

This act not Sec. 8. This act shall not affect the rights of any person

to affect the or persons who have become members of said company be*

rights '^^ J(^r- fore the passage of this act, unless such persons assent to the
mer members • • r j? i /i i ^ • ^ ^u *

of coir.panv provisions of the same by themselves or proxies at the next

annual meeting of said company, or signify their assent in

writing directed to the board of directors.

Approved, March 4th, 1843.

In force, AN ACT to provide for the payment of interest on the school fund, in th€
Mar. 3, 1843. township therein named.

Sec 1. Be it enacted by the People of the State of Illinois,
«v r represented in the General Assembly, That the trustees of schools

schools in in township two, south of range fourteen west, situate in the
certain town- counties of Edwards and Wabash, be and they are hereby
f'^'^d^i'^nd ' authorised and empowered to receive from James Wightman,
Wabash of the county of Edwards, a relinquishment of lots, numbered
counties may three, four, five, and six, being part of school section number
make a cer- gj^^ggfj [^ ^\^q township aforesaid, purchased bv said Wieht-
tain arrange- ' , • i , ^ r t\ i • • " . i i i

ment with man, on the sixth day of December, eignteen hundred and

James Wight- thirty-nine, with the improvements thereon. And upon such
relinquishment of the lands, so as aforesaid purchased by the
said Wightman, with the improvements, said trustees are here-
by further authorised and empowered to release the said
Wightman from any further liability on account of his pur-
chase as aforesaid, and to deliver up to said Wightman all
notes and other evidences of indebtedness arising out of his
said purchase; Provided^ that said Wightman, before he shall
be entitled to such release, shall make to such trustees, good
and sufficient deeds of conveyance, for any title to the lands
aforesaid, which he may have acquired by virtue of his said
purchase. This act to take efiect, and be in force from and
after its passage.

Approved, March 3d, 1843.

man

In force, AN ACT in relation to judgments and executions.

Feb. 25, 1843.

Executions ^^^^' ^' ^^ it enacted by the People of the State of Rlinois,

may issue a- ripresentcd in the General Assembly, That where a judgment
gainst decea-j^gsormay hereafter bc obtained in any couit of record of this
debtorf ^whh- State, against any person or persons, who has or shall after the
out reviving rendition of said judgment, and before execution issues there-
said judgment Qj^^ (ji(.^ it shall be lawful for execution to issue against the
or'legal rep- ^ands and tenaments of said deceased person or persons, with-
resentatives out first reviving the judgment against their heirs or legal re-
presentatives; any thing in any law to the contrary notwith-

JURORS. 169

standing; Provided, however, the plaintiff or plaintiffs in Three months

execution, or his or their attorney, shall give to the execu- "^^^t^rs^and'
tor or administrator, if there be any, of said deceased person administra-
or persons, at least three months' notice in writing, of the ex-^o'^sifany
istence of said judgment before the issuing of execution; And
provided further <, that no execution shall issue until after the
expiration of twelve months from the death of such deceased
person or persons.

Approved, February 25th, 1843.

AN ACT regulating the manner of selecting juries in certain cases. In force,

Feb. 1, 1843.

Sec. 1. Be it enacted hy the People of the State ofllhnois, rep- Duty of sher-
resented in the G^ewera/JL55e?7z5/y, Whenever hereafter a failure ^^^" .^""^™?'
takes place to hold a regular term of any of the circuit courts certain'^c^see
of this State, and a special term of said court is called, it shall &.c.
be the duty of the sheriff to summon, for said special term, the
list of grand and petit jurors furnished for the regular term
preceding. When co.

Sec. 2. The county commissioners' courts of this State are ^°°^ ^^!.°"Vn
hereby authorised, at any special term of their courts, to select rors at special
lists of grand and petit jurors in the manner now provided by terms
law, for any special term of the circuit courts in their respec-
tive counties.

Sec. 3. This act shall be in force from and after its passage.

Approved, February 1st, 1843.

AN ACT to allow grand and petit jurors mileage. In force,

Mar. 4, 1843.
Sec 1. Be it enacted hy the People of the State of Illinois^
represented in the General Assembly, ThQ.i hereafter there shall Payment of
be allowed and paid to grand and petit jurors for their servi- fi^urc^rs ^^"
ces in attending circuit courts of the several counties in this
State, the sum of seventy-five cents per day, for every day '

necessary in attending courts as aforesaid, as such jurors, and
for every mile of necessary travel, to be computed from the
place of holding courts, to the residence of the juror, five cents
per mile, to be paid out of the county treasury, as now pro-^^'®^^®
vided by law, for the payment of grand and petit jurors.

Sec. 2. That whenever any person shall be summoned as^n ,.
.1. A. 4.4. J '/j •• 11 ,, Talisman to

talisman, to attend any circuit court as a petit juror, and shall receive same

be detained as such, longer than one day, such person so sum- compensation

moned shall be allowed mileage from the place of holding ^^^^^'^'"^'^

i , ,v .J c 1 ^. . , ^ ° more than one

courts to the residence ot such juror, in the same manner as day

though such person had been originally selected and summon-
ed. Mileage only to be computed one way.
Approved, March 4th, 1843.

170

JUSTICES AND CONSTABLES.

In force, AN ACT to increase the number of justices of the peace in the justice's
Aug. 7, 1843. district therein named.

Sec. 1. Be it enacted by the People of the State of Illinois,
District em-^ represented in the General Assembly, That hereafter the justi-
bracing Ami- ^^j^ fjis^rj^,!- \^ which the town of Amity is situated in the coun-
four justices ty of Bond, shall be entitled to four justices of the peace and
&. constables constables, one of which justices and constables shall reside in

or near the said town of Amity.
Act to take Sec. 2. This act to take effect and be in force from and
effect at next ^{^^^^ ^he next regular or biennial election for justices of the

election of j * i i

justices peace and constables.

Approved, January 24th, 1843.

In force, AN ACT legalizing \he acts of Daniel S. Ebersol, a justice of the peace
Feb. 3, 1843, in Livingston county.

Preamble Whereas, Daniel S. Ebersol was duly elected and commission-
ed justice of the peace for the count}'' aforesaid, on the first
Monday of August, one thousand eight hundred and forty-
two; and whereas, being himself clerk of the county com-
missioners' court, he was sworn into office by Truman Ruth-
erford, probate justice of the peace for said county; now
therefore,

Sec. 1. Be it enacted by the People of the State of Illinois,
,. , represented in the General Assembly, That all and singular the

Acts ega ize ^^^^ ^^ ^^^ ^^.^ Daniel S. Ebersol, as such justice of the peace,

shall be as legal and binding to all intents and purposes, eith-
er in law or equity, as if he had been sworn into office as the
law requires.

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

Approved, February 3d, 1843.

In force, AN ACT to confirm the acts of John J. McGraw, justice of the peace for
Feb. 25,1843. De Witt county.

Acts of J. J.

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

represented in the General Assembly, That all the acts of

McGraw ie^-' Jol^^i J. McGraw, as a justice of the peace for De Witt county,

galized shall be valid and legal, as if the said John J. McGraw had

been legally sworn into office.

Approved, February 25th, 1843.

In force, AN ACT for the relief of Henry B. Cone and James W. Nobles.

Mar. 4, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That Henry B. Cone,

LANDS AND LOTS. 171

and James W. Nobles are entitled to a pre-emption on the I" rek^ion to
following quarter sections, to wit: Henry B. Cone shall be g^^^^^J^jP''^"
entitled to the south-west quarter of section thirty-four, in rights
township twenty-two north, ran^e five, east of the fourth prin-
cipal meridian, and James W. Nobles shall have the same
privilege to pre-emption upon the north-west quarter of section
three, in township twentj-one north, ranee five, east of the
fourth principal meridian; Provided^ said quarter section, be-
long to the State of Illinois; And be it further provided^ that
said Henry B. Cone and James W. Nobles shall pay into the
treasury of the State one dollar and twenty-five cents per
acre , in gold or silver; and it shall be the duty of the Gover-
nor, upon the Treasurer's receipt of the one dollar and twenty-
five cents, in gold and silver, by either of the aforesaid per-
sons, to cause a title patent to be issued to the aforesaid per-
son or persons for the aforesaid land or lands.

Sec. 2. That Francis Van Valkenburgh, of Winnebago Same
county, is hereby granted a pre-emption right to the west half
of the north-westquarter of section, number eighteen, in town-
ship twenty-seven north, of range ten, east of the fourth prin-
cipal meridian, and shall be entitled to a patent for the same
from the State, upon the terms and under the limitations set
forth in the first section of this act; Provided^ that the several
persons above named shall avail themselves of the privileges
in this act granted, by making full payment into the State
treasury for the several lots of land described, previous to the
time that may hereafter be appointed for the public sale of
lands, selected in the Dixon land district, under the act of Con-
gress of the fourth of September, one thousand eight hundred
and forty-one.

Approved, March 4th, 1843.

AN ACT to authorise the county commissioners of Wayne county to trans- In force,

far a certain lot of ground therein named. Teb. 23, 1843.

Sec. 1. Be it enacted by the People of ike State of Illinois^
represented in the General Assembly, That the county com- Co. court of
missioners' court, in and for Wavne county, agents in trust Wayne co.
for the Methodist Episcopal Society, at Fairfield, be and they nfnaflTce^
are hereby authorised to transfer by deed in fee simple, a cer-tain property
tain out lot adjoining the town of Fairfield, known as "the
Parsonage," in accordance to the sale heretofore made by the
trustees of the said Methodist Episcopal Society.

Sec. 2. Said deed, when so made, shall be considered as Effects of the
conveying to the grantees therein named all the title, estate, conveyance
and interest of the said society, and in all respects shall be
good and valid in law.

Approved, February 23d, 1843.

172 LANDS AND LOTS.

In force, AN ACT to authorise the Governor to convey certain lots in the town of
Feb. 23, 1843, Shawneetown to E. J. Durbin .

Preamble Whereas, John M. Kelly, Esq., was on the eighth day of May,
1841, appointed by the Treasurer of the State of Ilhnois
an a^ent to take charge of all the property purchased by
the State on account of the internal improvement system
lying east of the third principal meridian, with general
powers for the collection, custody, and sale of the same, ac-
cording to his discretion; and whereas, the said Kelly found
the building at Shawneetown, intended for a depot, to be in
an unfinished and a decaying state, and would soon become
worthless unless some disposition of it was immediately
made, and finding it to be out of his power to realise any
thing from the building, unless he should sell with it the lots
owned by the State on which the building is situated, he
therefore offered to sell, at public vendue, the lots, on the
fourth day of September, 1841, and E. J. Durbin being the
highest bidder, became the purchaser, at and for the sum of
$2,912 00; and whereas, the said Durbin paid, at the time
of the purchase, ten per cent, on the amount, and is now
ready to pay the balance in State scrip, agreeable to the
terms of the said sale; therefore.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the sale of the lots
Sale of lots in ^" the town of Shawneetown, known and described on the
Shawneetown plat of said town as in-lots numbered eleven hundred and seven-
ratified ty-five, (1175) and eleven hundred and seventy-six, (1176) on
which a building was erected, intended for a depot on the
Shawneetown and Alton railroad, which was made by John
M. Kelly, agent appointed by the State Treasurer, to E. J.
Durbin, be and the same is hereby ratified.
Gov. to make ^Ec. 2. The Governor is hereby authorised to execute to
deed of con- the said E. J. Durbin a deed of conveyance for the lots men-
veyance tioned in the first section of this act, so soon as the said Dur-
bin pays, or causes to be paid into the treasury of the State of
Illinois, the balance in State internal improvement scrip or
bonds, nDw due or hereafter to become due, agreeable to the
the terms of the said sale.

Approved, February 23d, 184.3.

In force, AN ACT supplemental to "an act for the sale of certain lots therein
Mar. 2, 1843. named," approved February 26ih, 1841.

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

Sale of cer- represented in the General Assembly, That the south-west frac-

tainlots tional quarter of section number eight, in township twenty

north, range nine west, in the county of Mason, and State of

Illinois, may be sold in the same manner and under the same

restrictions, prohibitions and limitations as provided for by ''an

LAWS AND JOURNALS. 173

act for the sale of certain lots therein named," approved Feb-
ruary 2Gth, 1841. This act to be in force from ahd after its
passage.

Approved, March 2d, 1843.

AN ACT in relation to the distribution of the laws and documents of the la force,

Congress of the United States. Feb. 2, 1843.

Sec. 2. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly^ That it shall be the duty Documents
of the Secretary of State to distribute with the laws of the referring^ to
present General Assembly, to each of the clerks oi the county public land3
commissioners' courts in this State, one set of the documents, jg^j to coun-'
legislative and executive of the Congress of the United States, ties
in relation to the public lands, to be kept by said clerks in
their offices for the use of the people of their respective coun-
ties.

Sec. 2. The Secretary of State shall also send to each sen- pjgtribution
atorial district in this State one copy of the acts of Congress, of acts of
from eighteen hundred and twenty- two to the present time,^°"o''®^^
to be deposited with the clerk of the county commissioners'
court where the votes for said district are canvassed, for the
use of the people of said district, and hereafter with each dis-
tribution of the laws of this Stats there shall be sent out as
aforesaid, to each of said districts, one copy of the acts of Con-
gress which may hereafter be received.

Approved, February 2d, 1843.

AN ACT to amend an act entitled "an act providing for the binding of the In force,

laws and journals," approved January 31st, 1840. Feb. 23, 1843.

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

represented in the General Assembly ^ That it shall be the duty See. of Stat«

of the Secretary of State, after having given six weeks notice, ^o contract

to be published in one of the newspapers printed at the city ^?.^. ^u-^^^"^' ^
c c\ • r \ \ I I • r^->i • r 1 • •' .stitching, and

ot opnngrield and one at the city oi Chicago, oi the time of binding the

letting the folding, stitching and binding, to contract with I^eports,
some responsible book binder or binders, who reside in this^^i^^g"^^^ ^"^
State, before the commencement of each regular or special ses-
sion of the General Assembly of this State, to do the folding,
stitching and binding of the approaching session, consisting
of reports, journals and laws, in the following manner and at
no greater prices than those annexed, to wit: for folding,
stitching and covering with blue paper, and cutting the edges
of the journals, three and one half cents for each one hundred
pages in the volume; for folding and stitching reports, two
cents for each one hundred pages in the volume; for binding
laws and journals and reports for Secretary's office, with lea-

174 MILL-DAMS.

ther backs and paper sides, when the number of pages do not

exceed one hundred and fifty, twelve and one half cents for

each one hundred pages; when the vokime of laws contains

over one hundred and fifty pages, the price shall be ten cents

for each one hundred pages of the volume; for binding the

revised laws, in case they should be revised, for furnishing

leather and full binding with leather covering, law form, and

done in a neat workman-like manner, fifteen cents for each one

hundred pages in the volume.

May contract Seg. 2. The Secretary of State is hereby required and

lit less prices authorized to contract for the binding;, in the first section of
than are here- , . , -^ i i i • i ri • j -r* i •

in Bpecified this act specined, at less prices than therein named, il in nis

power so to do.
First sec. of Sec. 3. That the first section of '*an act providing for the
actofJaii.31, bincling the laws and journals," approved January 31st,
1840, repealed ^^^q^ ^^ ^^^ ^j^^ ^^^^^ .^ hereby repealed.

Approved, February 23d, 1843.

In force AN ACT to authorize Henry H. Singleton to build a mill-dam across the
Feb. 1, 1843. Crab Orchard creek.

Sec. 1. Be it enacted by the People of the State of Illinois^
RWht to erect ^^P^^^^^^^^^ ^^^ the General Assembly. That Henry H. Single-
and continue ton, his hair, and assigns, are hereby authorized to erect and
a mill dam continue a mill-dam across the Crab Orchard creek, on the
f/^Sino-leton^*^^^^"^'^^^ fourth, of the north-west fourth, of section nine-
his heir's, «&:,c! teen, township nine south, of range one east, in the county
of Williamson.

Approved, February 1st, 1843.

In force, AN ACT authorizing Benjamin Vermilion to erect a mill-dam across Rac-
Feb.l 1843. coon creek, in Clay cotinty.

Sec. 1. Be it enacted by the People of the Stale of Illinois,
Right to hmld represented i7i the General Assembly, That Benjamin Vermil-
mill-dam ion, his heirs and assigns, be and ihey are hereby authorized
granted ^^ build and continue a mill-dam across Raccoon creek, in

Clay county, on section eighteen, in township two north, in.

range seven east, third principal meridian, ten feet high from

the bed of said creek; Provided^ however, that said mill-dam
Height shall be so constructed as not to interfere with private rights.

This act to be in force from and after its passage.
Approved, February 1st, 1843,

MILL-DAMS. 175

AN ACT to authorize Benjamin B. Gates and David Higby to extend their In force,

uiill-datn, on the rapids of the Mississippi river. Feb. 6, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois, Locailon of
represented in the General Assembly, That Benjamin B.' Gales ^l'^"i
and David Higby be and they are hereby authorized to build
and continue their wing-dam, on the Des Moines rapids of the
Mississippi, contiguous to fractional section number twelve, in
township number five north, range number nine, west of the
fourth principal meridian, in the county of Hancock.

Sec. 2. The said wing-dam shall not be raised exceeding ^^eight and
ten feet high above low water mark, and shall not be extended ^^ ^"^
more than one hundred and twenty-five rods in length; Pro- Not to inter-
vided, said dam shall in no case be so constructed as to inter- 1^^^^^^^"'
fere with the navigation of said river.

Sec. 3. The rights and privileges herein granted unto the Grant to ex-
said Benjamin B. Gates and David Higby shall extend to ^^nd lo heirs
their heirs, executors, administrators, or assigns, for [^the pur- j!^-,^^^ ^^
pose of conveying the water of said river to their mills and
other machinery. This act to take effect from and after its
passage.

Approved, February Cth, 1843.

AN ACT to authorize John T. Davis, and his associates, to build a rail]- j^j fQ^ce

(laui on Saline creek, in Williamson county. Feb. 23 1843.

Sec 1. Be if enacted by the People of the State of Illinois,
represented in the General Assembly, That John T. Davis, his t rp j^ .
associates, heirs and assigns, be and they are hereby authorized authorised to
to construct and build a mill-dam across the Saline creek, on the build a mill
south-east fourth, of the south-east quarter, of section eleven, ^^?} across
township ten south, of range four, east of the third principal
meridian, in Williamson county. This act to take eliect and
be in force from and after its passage.

Approved, February 23d, 1843.

AN ACT to authorise Isaac Gordon to build a mill-dam. In force,

Feb. 28, 1843.
Sec 1. Be it enacted by the People of the State of Illinois,

represented in the General Assembly, That Isaac Gordon be Isaac Gordon
and he is hereby authorised to build and continue a mill-dam ^"f^^'"^^^^ *o
across the Little Wabash river, on the south-east quarter of JjJJ'Jf ^c^'g^"
the north-east quarter of section twenty-nine, in township Little Wa-
six north of range six, east of the third principal meridian, in ^'^h
Effingham county; Provided , that the right hereby given does
not interiere with the rights of any other person that may have
been heretofore authorised to build a mill-dam across said
river.

176 MILL-DAMS.

Manner of gjjc, 2, The said dam shall not exceed five feet high from
construcUoQ ^^^ ^^^ ^^ ^Yie said river, and shall be constructed so as to allow
the safe passage of the descending navigation of said river.

Sec. 3. The State hereby reserves the right of constructing
a lock, cut, sluice, or other device, for the transit of the trade oa
the river, over, around, or near the site of the said dam, when-
ever it may be deemed advisable by the Legislature, for the
improvement of the navigation of said river, without any
charge or cost to the Slate for the right of way, by the said Isaac
Gordon, his successors cr assigns; Provided, the said Isaac
Gordon, his heirs or assigns, shall be the owner of the lands
on both sides of said river where the said dam shall be built,
Appjroved, February 28th, 1843.

In force AN ACT to authorise Alexander Johnson to build a mill-dam across the
Mar. 2, 1843. Little Wabash River.

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That Alexander John-
son be and he is hereby authorised to build a mill-dam across
cross tHrWa-^^^ Little Wabash river, in Clay county, on the north-east
bash river quarter of the north-east quarter of section ten, in township
three north, of range seven east.

Sec. '2. The said mill-dam shall not exceed six feet high from
TT „ the bed of the river, and shall be so constructed as to allow the

How con- r I 1 !• •• •!• 7-1

structed safe passage of the descendmg navigation on said river; PrO'

vided, he shall own the land on both banks of the river,
and shall not interfere with individual rights and privileges.
Sec 3. The State hereby reserves the right to construct
State may a lock, or some other device for the transit of the trade on the
construct a river, over, around, or near the site of said dam, whenever it
may be deemed advisable by the Legislature, for the improve-
ment of the navigation of said river, without any cost to the
State for the right of way, by said Alexander Johnson.

Sec 4. Said Alexander Johnson, in order to secure the be-
Tirae of com-nefit of this act, shall have said mill-dam completed, and a
pleting same ^^'u -^^ operation in two years from the passage of this act.
Approved, March 2d, 1843.

In force AN ACT to authorize John Vanfleet to build a dam across Fox river.

Mar. 2, 1843.

Sec. I. Be it enacted by the People of the State of Illinois*

John Van- represented in the General Assembly^ That John Vanfleet, his

fleet may hcirs and as^'igns, be and he is hereby authorized to construct,

!ioli o«i!! build and continue a mill-dam across Fox river, at and on

cam across . , . i • i • • i i

Fox river sections nine and ten, in township thirty-eight north, range

eight, east of the third principal meridian, in the county of

MILL-DAMS. 177

Kan ^ to the height of not exceeding five feet above low wa-
tfir n ark; Provided^ that said grant shall not be construed so
usUo orevent the State from improving said Fox river at the
plape, by dams, locks, or in any other mode, at any time here-
after, for the purpose of slack water navigation or otherwise.
This act to be in force and take effect from and after its passage.
Appkoved, March 2d, 1843.

AN ACT {luthorieing the erection of a mill-dam across Rock river. In forcp ,

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That \yiliiamTalcott,Da- Miil dam a-
rius Adams, George Stevens, and their associates, be and are cross Rock
liereby authorised to build a dam across Rock river, notexcee-"^'*^*"
ding three feet in height above low water mark, on the south-
west quarter of section number thirteen, in township number
forty-six north, and range number one, east of the third principal
meridian, in the county of Winnebago; Provided^ that iwe pro-
prietors of said dam shall erect and keep in repair a lock or
apron in the same, of such construction as to render the pas-
sage safe and easy for boats and rafts common in Rock nver,
and shall allow the same to pass and re-pass free from charge at
all times during the continuance of said dam.

Approved, March 3d, 1813.

AN ACT to authorise John W. Smith, Benjamin B. Brown, Abijah Smith, Jn force
' and Charles McClure, to build a dam across Fox river. Mar. 3 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Aesembly^ That John W. Smith, ,,.., ,
Benjamin B. Brown, Abijah Smith, and Charles M'Clure, their cross Fox^
heirs and assigns, be and they are hereby anthorised to con- river
struct and build a mill-dam across Fox river, at the town of
McHenry, in the county of McHenry, from lots one and two,
tlireeand four,of block twenty-seven, on the west side of Fox
river, to lots one, two, three, and four, of block nine, on the east
side of said river, to the height of five feet above low water
mark; Provided, said grant [dam] shall not be constructed so
as to prevent the State from improving said river at that place
at any time or manner that may be deemed proper. This
act to take effect from and after its passage.

Approved, March 3d, 1843.

AN ACT to authorise the buildinc: of a mill-dam across the Little Wabash In force,

river, in White county. Mar. 3, 1&4S.

Sec. 1. Beitenactedby the People of the State of Illinois, repre-
sented in the General Assembly^ That Price H. Howell and John
13

178 MILIi-DAMS.

Certain per- Hodgson, and their associates, be and they are hereby authori-
sons may_^^^ sed to build a mill-dam across the Little Wabash river, on the
dam across south-west fourth of the north-east quarter of section tvvervtj-
the Little one, in township three south of range ten east, in White coun-
i'l Whhelo" ^y^ Provided, ihe said Price H. Howell and John Hodgson, and
their associates, shall be the owners of the land on both sides
of the river.
How con- ^^^' ^' ^^i^ mill-dam shall not be more than twelve feet

stracted high from the bed of the river, through which a good and suf-

ficient Inck shall be constructed, and made ninety feet long
and twenty-five feet wide, to admit of the safe passage of all boats
ascending and descending said river, and the said lock shall
at all times be kept in good repair, and the said Howell and
Hodgson, or assigns, shall open the same for the speedy pas-
sage of all boats or crafts, upon application being made, free
of any charge whatever; and upon failure to comply with the
foregoing provisions contained in this act, the said Howell and
Hodgson, and associates or assigns, shall be liable for all dam-
age that may be sustained by reason of such omission or ne-
glect, to be recovered before any court having competent ju-
risdiction.
To be erected Sec. 3. The said Price H. Howell and John Hodgson, and
infourjears their associates, shall be allowed the term of four years from
the passage of this act to erect said mill-dam and lock; Pro-
vided, that said lock shall be fir^t constructed in order that the
navigation of said river may not be obstructed during the
erecting of said dnm.

Approved, March 3d, 1843.

In force, AN ACT to authorise William T. Ryburn and BirJ T. Rjburn to erect a
Mar. 4, 1843. a mill-dam across Big Muddy river.

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

Mill-dam a- represented in the General Assembly, That William T. Ryburn
cross liir i n- i m t-> l ji • i • • u u

Muddy ^liQ nnd T. Kybum, their heirs or assigns, are hereby

authorised to erect a mill-dam across Big Muddy river, on the
north-west quarter of section twenty, in township eight south
of range one, east of the third principal meridian, in the coun-
ty of Williamson; Provided, said mill-dam shall not exceed
nine feet in height, and may hereafter be regulated by the
Legislature; Provided, however, that this act shall not be con-
strued to authorise any obstruction to the free navigation of
said river; And provided further, that in case any injurious
consequences shall result to the navigation of said stream, by
the construction of the contemplated dam, as recited by this
act, the proprietors of the same shall in all respects be liable
to the extent of the injury resulting therefrom; any thing in
this act to the contrary notwithstanding.
Approved, March 4th, 1843.

MILLS AND MILLERS. NAMES CHANGED. 179

AN ACT to amend an act entitled "an act regulating mills and millers," In force,

approved February 7th, 1827. Mar. 3, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois, penalties may
represented in the General Assembly, That the penalties under be sued for
the provisions of an act entitled *'an act regulating mills and
millers," approved February ninth, one thousand eight hun-
dred and twenty-seven, may be sued for and recovered before
any justice of the peace of the county where such penalties
are incurred. This act to take effect and be in force from
and after its passage.

Approved, March 3d, 1843.

AN ACT to change the names of Lavina Joliff an<l Hannah Clark. In force,

Jan. 24, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the name of Lavina ^n™}oii^*"
JoHff be and the same is hereby changed to that of Lavina changed to
Phelps, and in and through that name she may contract and ^^^i"^
be contracted with, sue and be sued, plead and be impleaded,^ ®^P^
and appear in all the courts of law and equity in this State, j^^^g^fyj^p.
Be it further enacted, That the name of Hannah Clark, of nah Clark
the county of Hancock , be and the same is hereby changed to changed u)
that of Hannah Bedell, and by that name she may contract jJ5"°^
and be contracted with, plead and be impleaded, sue and be
sued, and appear in all the courts of law and equity in this
State.

Approved, January 24th, 1843.

AN ACT to change the name of Lucj Robinson. • In force,

Feb. 3, 1843.

Sec 1. Beit enacted by the People of the State of Illinois j
rrpresented in the General Assembly, That whereas, Paul Sul-j^^^^jg ^^1;^^. ,
livan has adopted Lucy Robinson as his daughter, in her early cy Robinson
infancy, the name of the said Lucy Robinson be and is hereby J^^°S|'^ !"
changed to that of Lucy Sullivan, by which latter name she
shall hereafter be called and known.

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

Approved, February 3d, 1843.

AN ACT to change the name of the person therein named. In force,

Mar. 1, 1843.

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the name of Elvira Name of El-
Pease, of the county of Schuyler, be and the same is hereby ^^^^gg^^j®
clianged to that of Elvira Horney, and by the name of Elvira ElriraHorney

ISO NAMES CHANGED. PENITENTIARY.

Homey shall sue and be sued, plead and be impleaded, defend
and be defended, in all courts of law and equity, and in all
other places and by the name of Elvira Horney, make all con-
tracts of whatsoever character, name, or description; Provi-
ded, that nothing herein contained shall affect any right, legal
or equitable, which she might have or acquire in the name of
Elvira Pease.

Appkoved, March 1st, 1S43.

rreaiiible

In force, AN ACT to establish the name of William Carroll Milchell, nnd others.
Mar. 3, 1843.

Whereas, William Carroll Mitchell was known by the name
of William Carroll Asky before he came to the years of ma-
turity, but since he has come to the years oi maturity he
has transacted all of his business in the name of William
Carroll Mitchell; therefore,

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

iameof '^- f^p^Qsented in the Gene?^al Assembly. Thixt he shSiW be known

changed to by the name oi William CarroJi Mitchell, and by that name

Wni. Carroll he is hereby declared able and capable in law to purchase,

■^ *^ ■ hold, grant and convey real and personal property, and to sue

and be sued, and to do all other acts as lully and effectually

as though he had never been known by the name of William

Carroll Asky. This act shall not be so construed as to affect

any business transacted in the name of WiUiam Carroll Asky,

if anv.

Name of Pat- ISec. '2. That Patterson McLean and Jonathan McLean,

'*^''^°" ""^ two orphan children, and adopted by Thomas P. Clark, shall

Leari changed ^^^''<^^^^^'i' be known and Called by the name of Patterson

ni i'uttersou ,, McLcan Clark and Jonathan McLean Clark, and by those

and Jonathan names may severally purchase and hold real estate and per-

jylcLean , •' / i^ , ,- n 4i . i- ii

Clark sonal property, and do and periorm all olher acts as lUlly <is

if their names had not besn changed. This act to take effect
trom and after its passage.
Approved, March 3d, 1843.

In force, AN ACT to provide for the regulation of the penitentiary.

Mar. 4, 1»43.

Sec. L Be it enacted by the People of the State of Illinois,
Auditor to leprcsentedin the General AssemUy, That the Auditor of Pub-
payDorsey&. lie Accounts be and he is hereby authorized and required
SS^Oo"^^ to draw his warrant on the Treasuiy in favor of Dorsey and
Greathouse for the sum of five hundred and iifty-fivc dollars
and sixty-seven cents, in full for receiving and distributing
arms received from the United States, and for labor done,
and materials furnished, in building shops within the peniten-
tiary yard, all of which is fully set forth in the report of the

PENITENTIAUY. ISi

•

inspectors of the penitentiary, of the fifth December, one
thousand eight hundred and forty-two, in bills numbered two
and three in said report.

Sec. '2. The inspectors of the penitentiary are hereby Inspectsra of
authorized to iispose of the depreciated bank paper in their '^^"^^*"*^'^''^'
hands at its current value; Provided^ however, they shall not dis-of,iepreci:i*.
pose of the same at a greater discount than fifty per cent. ted money

Afproved, March 4th, 1843.

AN ACT in relation tc the penitentiarj. In forc<».

Mar. 2, 1843.

Sec. 1. Be it enacted by the Peojjle of the State of Illinois,
represented in the General Jlssemhly, That all persons senten-Co"^'"'^*^'?®
ced to hard labor or solitary imprisonment and hard labor, shall '™P"soned an

•/I ^ ' the pouxtpn-

be imprisoned, restrained, and employed in and within the tiary
precincts of the penitentiary, located at the city of Alton, in
the county of Madison; and the court before whom any such
conv^iction may be had, are hereby authorised and empowered
bv their order on the sherilF of the countv where such con-
viction is had, to cause all such convicts, as soon as conve-
niently may be after sentence, to be removed from the jail of
such count}', to the said penitentiary; and the sherifFof the coun-
ty in which such conviction may be had is hereby authorised
and required, by himself or his deputies, to remove such con-
victs to the pentitentiary accordingly, ;ind deliver such con-
vict into the custody of the w^arden, or other officer, who may
have charge of said penitentiary: and the said sheriff, or his ^"/""

I • in. Ill c } rr i i • • '^^V convicts

deputies, shall have all the power oi sherms and deputies m to'penitentia-
all counties in this State, wJiich they may enter mto or passry
through for the purpose of conveying such convicts to the
penitentiary aforesaid; and it shall be the duty of the clerk of^'^^J of clerk
the court before whom such conviction may be had to make
out and deliver to the sheriff of the county a copy of said con-
viction and judgment and order thereon; and the said sheriff
or deputy shall have an attested copy thereof, with a copy of
his return thereon with the warden oi- other officer having the
charge or custody of said penitentiary, and the sheriil shall
make due return to the court of their said order.

Sec. 2. That it shall be the duty of tlie sherifi of the coun- ^'"'^'•iff mny
ty where the conviction was haa, to employ a suthcient force ^"''^ *^^ ^^^^
to guard all convicts to the penitentiary, and the sheriff shall
be responsible lor the safe delivery of such convicts. A fail- And he in-
ure to deliver the same shall be a breach of duty in the official ^■\'^/'"' ^^^ ^

1 r 1 . wr i- 1-11 , y ^■ , . failure

conduct ol such shcrin, tor vvhicn he may be indicted in any
county, as in other cases of mal-conduct in office. The said pjjg c(,ji,pe,j.
sheriff shall be allowed thirty cents for each mile necessarily sation
travelled in going to the penitentiary with each convict when
taken separately, but when more than one convict shall be
sentenced to ihe penitentiary at the same term of the court,

182 PENITENTIARY.

twenty- five cents per mile shall be allowed for the second, and
the same compensation for any greater number of convicts
sentenced at the same term of the court, to be paid out of the
the State treasury, on the warrant of the Auditor, which shall
be issued in favor of such sheriff, on the presentation of the
warden's certificate that such convict or convicts had been
delivered into his custody by such sheriff, and which shall be ia
full compensation for all charges and expenses of himself and
guards, in conveying such convict or convicts to the peni-
tentiary.
Duties of the Sec. 3. That it shall be the duty of the warden or officer
warden having charge or custody of said penitentiary to receive such

persons as may be convicted, sentenced, and ordered to be im-
prisoned in s:iid penitentiary, and them safely keep at hard
* labor, or solitary confinement and hard labor, within the pre-

cincts of said penitentiary, pursuant to their sentence, until
their time shall full}' expire, or they be otherwise discharged by
by due course of law. The said warden or officer having charge
or custody of said penitentiary and the convicts therein confined
Convicts not shall not, under any circumstances whatever, permit, or suffer
loleare the any convict to leave the prison or yard connected therewith
prison or yard ^^^ ^ purpose whatever, excepting in working in the stone

except in cer- j i r ^ ' r (^ _o__

tain cases, quarry belonging to the State and connected with said prison, at
such times as addition maj be making to the prison buildings or
walls connected therewith; and in assisting in the convey-
ance of articles manufactured in the prison to the landing in
front of the penitentiary, and in the unloading of boats of
such articles and materials as may be intended for the use of
the penitentiary, and in the conveyance of any such articles
Provjbo ^^y ^i^Q same: Provided^ however, that in case of any accident

happening to the prison, or the walls thereof, the inspectors
may permit and direct the removal of the convicts confined
therein, or any part of the same, to any other place of security
for such length ot time as they may deem necessary, or until
And in the ^i^^h repairs shall be made to said prison; and in the event of
erent of con-any contagious disease breaking out among the convicts ia
taj^iousdis- gj^j^^ prison, the inspectors may, if they deem it necessary, or-
der and direct that such diseased convict or convicts be re-
moved to some safe and secure place, where they shall receive
such medical treatment and nursing as their circumstances
may require; and as soon as their health will permit, and the
safety and health of the other convicts will not be endanger-
ed thereby, said convicts shall be returned to their confine-
ment in said prison, to serve out their time pursuant to their
sentence.
Penalty for- ►^EC. 4. That if at any time the warden or officer having
violation of charge of said penitentiary, and the convicts confined therein
thiaact; s\\q,\\ violate any of the provisions of the forpgoing section of
this act, such officer shall, on conviction, be fined in a sum not
less than five nor more than eight hundred dollars for each and
every violation, and the judge of the second judicial circuit

PENITENTIARY,

183

shall give this act in charge to the grand jury, at every term
of the circuit court of Madison county.

Sec. 5. That if at any time the lease of the present or any Duty of in-
future lessee or lessees of the penitentiary shall be abandoned, spectors on
surrendered, or become forfeited on account of the violation J j|^^^^^{?^^^-
of any of the provisions of this act, or from any other cause, orjeaae
if the time shall have expired for which said lease was made,
then in that event the inspectors of said penitentiary shall
lease the same for a term not exceeding six years, under such
restrictions and requirements as is provided for in the act in
relation to the penitentiary, approved March 2d, 1839. No-
tice of the time and place of such letting shall be published for
four weeks in the paper printed by the public printer, and in
one of the papers printed in the city of Alton, and city of St.
Louis, Mo., which shall have the greatest circulation. ,

Sec. 6. That the bonus or amount for which the peniten- Funds deri-
tiary has been or may hereafter be leased, shall be expended ved from lea-
under the direction of the inspectors, in the erection of ^ddi- ^g^^j^j^ ®^"
tional cells and other improvements to said penitentiary. All
such additional cells and other improvements shall be con-
structed in the most economical manner, and on such plans as
the inspectors may deem best suited to the wants of the pri-
son, having a due regard to the limited resources at their com-
mand; and the said inspectors are hereby authorised and em-
powered to take and use any railroad iron or timber belonging to
the State, now at the city of Alton, or in its vicinity, that may
be useful in the construction of cells, making of doors, grates,
or such other improvements as may be by them considered
necessary and useful. And to enable the inspectors to pro-
Tide for the safe keeping of the convicts in the present emer-
gency, the sum of five thousand dollars is hereby appropriated, ^PP^'^Pf^^"
to be expended by said inspectors in the erection ot cells andgpectora
making such other improvements as cannot well be dispensed
with; and the Auditor of Public Accounts is hereby authorised
to draw his warrant in favor ot said inspectors on the treasury
for that sum, when applied for by them.

Sec 7. That the using of the lash in the infliction of pun- Corporal pu»-
ishment upon convicts is hereby expressly forbidden, (unless ishment not
sanctioned and ordered by the inspectors,) and it shall be their J^^'^J'^^J^^^*;',
duty to examine into all disorderly conduct of the convicts, tinned by in-
when requested by the warden, and when it shall appear that spectors
any convict has been disorderly, refractory, or disobedient,
they may order such corporeal punishment as they may deem
necessary to enforce obedience, not inconsistent with hu-
manity.

Sec. 8. The act entitled "an act to amend an act entitled Certain acts
an act relative to criminal jurisprudence," approved January r^P®'*!^^
26th, 1827; and to provide for the regulation and government
of the penitentiary, approved February 15th 1831; also "an
act to regulate the compensation of sheritfs for conveying con-

184

POO a HOUSES. PRE-EMPTIONS.

victs to the penitentiary," approved March 2d, 1839, be and
the same are liereby repealed. ♦

Duty of Sec. Sec. 9. This act to be in force from and after its passage;

of Suite and the Secretary of State is hereby required to make and
transmit a certified copy of the same immediately after its ap-
proval, to the inspectors of the penitentiary.
Approved, March 12d, 1843.

In force, AN ACT in relation to a poor house in Jersey count}'.

F«b. 20, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois',
represented in the General Assembly^ That the county com-
missioners' court of Jersey county, or any other county in
Counties au- this State, may, if they shall at any time hereafter deem it to
approVri'ate ^^^ interest of said county, appropriate out of any fund appro-
rnopey for the priated to said county for any purpose, or other money be-
t=rection of longing to said county, any sum not exceeding two thousand
poor ouses ^^,^ hundred dollars, for the purpose of purchasing a farm,
and erecting thereon suitable buildings for a poor house for
said county, as contemplated by an act to amend an act enti-
tled "an act for the relief of the poor," approved February
twenty-first, one thousand eight hundred and thirty-nine.

Sec. 2. This act shall be in force from and after its pas-
sage; any law to the contrary notwithstanding.
Approved, February 20th, 1843.

In force, AN ACT to revive an act to provide for settlers on lands purchased bj
Feb. 21. 1843. the State,

Sec. 1. Be it enacted by the People of the State of Illinois
Right of pre- represented in the General Assembly, That any person having
empiion grun- bpj^ome an actual settler on any forty or eighty acre tract of

teo to settlers . I c^ j i j i i. i j ju • j i' • i.

on lands of ^"^ State lands, selected under the internal miprovement sys-
State tem previous to the entry of said land by the State, he or she

shall be entitled to the right of pre-emption to any such tract
or tracts not exceeding eighty acres, extending to the period
of three years from the passage of this act, at the price of one
dollar and twenty -five cents per acre, with-six per cent. inter-
Manner of ^s^- Ironi the date of entry by the State; Provided, that such
prnvinLc pre- settler shall file his claim, within three months from the pas-
cniptiou gj^g(, ^f ^j^jg j^j.^ ^^j^jj |_j^^ Auditor of Public Accounts, authen-

ticated by afiidavifc before some person having authority to
administer oaths under the laws of this State, particularly and
accurately uescribing such tract or tracts of land, and that
said settler had settled on the same previous to the eiitry of
the same by the State.

Approved, February 21st, 1843.

PROBATE JUSTICES.

185

AN ACT relative to probate justices of the peace. Tn force,

^ ■' Feb. 1, 1843.

Sec. 1. Be it enacted by the People of the Slnte of Illinois,
representedin the General Assembly, That hereafter the ^^^^J''^^«^ j"^^_
probate justice of the peace of any county of this State may sign ibelr of-
resign his office by tendering a written resignation ihcicof to fices
the clerk of the court of county commissioners of the county.

Sec. 2. Any vacancy which may have occurred, or which Vacancy how
shall hereafter occur, in the office of probate justice of the
peace, may be filled by a special election, according to the
laws of this State applicable to such election.

Sec. 3. Any election of a probate justice of the peace |^^^ction con-

which may have been held before this act shall take effect, to

fill any vacancy in the ofince, whether such vacancy shall

have happened by resignation or otherwise, shall be r.s valid

and effectual as if this act had been in force at the time of the

occurring of such vacancy and election.

Sec 4. All decrees, iudgments and official acts which may ^^^^ of pro-
, , , 1 r 11 I ^ • i.- bale juptices

have been made, rendered, or done by any probate justice, goj^grmed

whose election is confirmed b) the last preceding section of

this act, shall be as valid and effectual in law as if this act

had been passed previous thereto.

Sec. 5. Probate iustices of the peace shall hereafter have P«^^" ?^
** 1 1 \r r 11 .J probate 1U8-

the same power to take and certify acknowledgments and jj^gg

proofs of deeds and other instruments, and to take affidavits
and administer oaths, that ordinary justices of the peace have,
and all acknowledirmcnts and proofs of deeds and other in-
struments, and certificates thereof, and all affidavits and oaths,
which have hitherto been taken or made by or before any
probate justice of the peace in this State, shall be as valid
and effectual as if this act had passed previous to the taking
or making of the same.

Sec. 6. This act shall take effect from the day of its pas-
sage.

Approved, February 1st, 1843.

AN ACT to legalize the acts of certain officers therein named. In force,

"^ Feb. 2, 1843.

Whereas, John Bainbridge was elected in the month of Sep-pj.gj^j^^]g
tember, 1839, to the office of probate justice of the peace,
clerk of the county commissioners' court, and county re-
corder in and for the county of VVilliamson, and State of
Illinois, who took upon himself the duties of said offices and
continued to execute the same until some time in the month
of May, 1840, when he resigned his said offices; and
whereas, Elijah Mcintosh was elected in the said month of
May, 1810, to fill the vacancy of said Bainbridge, resigned,
who took upon hia:self the duties of the said office ot pro-
bate justice of the peace, clerk of the county colnmi^sion-

186

PROPERTY.

ers' court, and county recorder, in and for said county of
Williamson, and continued to execute the same for some
time; and whereas, it appears that neither John Bainbridge
nor Elijah Mcintosh was duly qualified and commissioned,
as is and was required by the laws of the State of Illinois in
such cases made and provided; now therefore,
Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That all and singular
Acts of pro- *he acts of the said John Bainbridge and Elijah Mcintosh as
bate justices, such probate justices of the peace, clerks of the county com-
clerksand re- jj^jggjQt^gPgj court, and countv recorders, in and for the county
Williamson ^^ Williamson aforesaid, be and they are hereby declared
CO. legalized legal and binding to all intents and purposes, both at law and
in equity, as if the said John Bainbridge and Elijah Mcintosh
had been duly qualified and commissioned as is and was re-
quired of the laws of the State of Illinois in such cases made
and provided. This act to be in force from and alter its pas-
sage.

Approved, February 2d, 1843.

In force, AN ACT entitled "an act regnlatincr the sale of p'-opertj on judgments
Jan. 6, 1843. and executions."

Sec. 1. Be it enacted by the People of the Sitate of Illinois^
represented in the General *^ssembly, That when any execu-
Propeny lev-' tion, fee bill, or attachment, shall be issued out of the courts of
appai'sed'* ^^ ^^^^ ^^^^^' whether of record or not, and shall be levied on
any real or personal property, or both, it shall be the duty of
Appraisers the officer levying such execution to summon three disinter-
how selected ested householders of the vicinity where such property is
levied on, one of whom may be chosen by the defendant in
execution, and one by the plaintiff", the other by the officer;
Provided, in all cases where either or both parties shall fail,
refuse, or neglect to make such choice, or in case of a choice,
if such appraisers shall fail, refuse, or neglect to make such
appraisement, then it shall be the duty of such officer to choose
or summon such householders for them, when the said officer
shall administer an oath to them well and truly to value all
such property as may be by him pointed out to them at its fair
Howralued and reasonable value in ordinary times, and they, or a major-
ity of them, shall make out a list of said property so valued by
them, annexing the valuation of each article, or species of

•w 1- ij properly thereto, and sl^n the same, which list shall be an-
If ot to be sold ^ j / i.i .• i i , ^ i n >

for less than iiexed to the execution; and ^vhen such property shall oe

two-thirds offered for sale it shall not be struck off unless two-thirds of
the valuation thereof shall be bid for the same; Provided al-
Plaintiff ma. j ways, the plaintifl in execution may elect on what property he
tvTo be^lev- ^^^' have the same levied, except the homestead on which
ied on the defendant resides, which shall be last taken in execution,

PROPERTY. 187

and in all other executions issued from any courts, not of re-
cord, the plaintiff may elect on what personal property he
will have the same levied, excepting and reserving, however,
to the defendant in execution, in all cases, such an amount
and quantity of property as is now exempt from execution by
the laws of this State; And provided further^ that all sales of Sales ofmort-
mortgaged property shall be made according to the provi-?^?^'^ prop-
sions of this act, whether the foreclosure be by judgment, form to ^this
decree in chancery, or otherwise; also, all sales by commis-act
sioners, masters in chancery, or other persons acting by
authority of any of the courts of this State, shall be made in
strict conformity to this act; Furthermore^ the provisions of
this act shall extend to all contracts, judgments, deeds of trust, This act ap-
and mortgages wherein the mortgagee has reserved the right P^*^^'^^® ^"
to sell the mortgaged premises, executions and debts of every ^^^c,
kind and character which now exist, or may hereafter be
made, excepting however, those which are made in default Exception
as a public officer, executor, administrator, or guardian,
or while acting in any other fiduciary capacity; Provided fur-
thermore^ in all cases where any person, or persons may now
be, or hereafter become indebted to any school commissioner
or trustee, or treasurer of any school funds, and such person
shall fail to pay the interest thereon, or after having been noti-
fied, shall neglect, fail, or refuse to renew his or her note, with
additional security, as is now provided by law, then in such
case the property shall be subject to sale without the benefit
of the provisions of this act; but in all cases the debtor shall
be allowed to stay the collection of the principal of any sum^?^^*,^"®^
of money in any way due to the school fund by giving good mar be staid
and sufficient security, and by paying the interest and cost
thereon punctually as it becomes due, whether judgment has Property
been obtained thereon or not; Provided^ that in all cases in fraudulently

which the property offered, or to be offered for sale, has been P^^^^T^ -Ik
I'liii /'111 "^ *o\Q witn-

decided by the proper court to have been fraudulently con- out valuation

veyed by the execution debtor to avoid paying his debts, the

same shall be sold without valuation.

Sec. 2. When any real or personal property shall be levied No more pro-

on and appraised in the manner prescribed by this act, and P^fi^ J^ ^^.,,

the same shall be susceptible of division, no greater quantity pay debt

thereof shall be sold than is sufficient to pay the debt and

proper costs thereon in accordance with the valuation, and

when any execution shall be levied on any house, or houses,

lot, or lots, or other real estate situated in any city, town, or

village, or elsewhere, not susceptible of division, the officer, at ^^ jntji-est in

the request or direction of the plaintiff, shall proceed to offer property may

for sale such an interest in said property as will satisfy the be sold

debt and costs, and in case of sale the purchaser shall become Tenants in

tenant in common in said property; Provided, that in case of^°™™°^

the sale of any real estate the same rights of redemption shall

enure to the defendant and judgment creditors as is now pro-

188

PROPERTY.

Second exe-
cution how
issued

defendant

Personal pro
perty when
sold

Proviso

vided by law; any thing in this act to the contrary notwith-
standing.

Sec. 3. Whenever any execution, issued by any of the
courts of this State, whether of record or not, and the same
shall have been levied and the property, whether real or per-
sonal, fails to sell, there shall no other execution issue, or costs
accrue thereon (for the same debt) for twelve months, except
at the expense of the plaintiff.

Sec. 4. Whenever any officer, or other person, offers for

Property not sale any real or personal property, and the same fails to sell

delivered^r' according to the provisions of this act for the want of bidders,
it is hereby made the duty of such officer to re-deliver said
property to the defendant.

Sec. 5. All sales of personal property, made by virtue of any
execution, order, or decree of any of the courts of this State,
whether of record or not, shall be made at the residence of the
defendant; Provided, he or she has a place of residence in the
county where such process, execution, or decree exists: except
the defendant otlierwise requests; Provided^ in all cases where
the defendant fails to gi\e the officer a delivery bond, in the
manner now prescribed by the laws of this State, said olBcer
in such cases may remove and sell said property where he may
choose, subject to valuation.

Sec 6. Any person or persons summoned to appraise any
property under the provisions of this act, shall be entitled to
twenty-live cents each for all sums where the judgment is one
hundred dollars and under, and where said judgment exceeds
one hundred dollars, they shall be entitled to fifty cents each,
to be added to the costs of suit, and to be paid as other costs;

not atten mg ^j^^] for failing to attend when summoned so to do, shall there-
by forfeit and pay a fine not under one dollar nor exceeding
three dollars, to be collected before any justice of the peace
' as other fines, and paid over to the county in the same man-

ner; Pi^ovided^ in all cases where any appraiser fails to attend
and has a legal excuse, he shall not be lined.

Act repealed Sec. 7. All acts and parts of an act entitled "an act passed
in the General Assembly of this State regulating the sale of
property," approved February the twenty -seventh, in the year
of our Lord one thousand eight hundred and forty-one, are
hercb}' repealed. This act to take effect from and after its
passage; Provided furlhermorc^ it is made the special duty of
the Secretary ol State to transmit immediate to the clerks of
the courts of the several counties in this State, twenty copies
of this act for the use of each of said counties. This act shall

Liraiiation of extend only to contracts made before the first day of January,
in the year of our Lord one thousand eight hundred and forty-
three, and to all bonds, notes, and other securities which may
hereafter be given to renew or secure the payment of debts
existing before that time.

Sec. 8. Whenever a judgment shall hereafter be rendered
on any contract bcuring date after the first day of January,

Pay of an

praisers

'Penalty for

Duty of Sec
of State

act

PROPERTY. 189

one thousand eight hundred and forty- three, it shall be com- Contracts in
petent for the defendant to tile his affidavit stating that such de^nr^'subjecl
contract was maae in renewal of a previously existing debt, to this act
which fact may be denied by any party to the contract by his
affidavit, if he alleges the same to be untrue; and either par-
ty may produce such other athdavits as he may think neces-
sary in relation to the facts, and if, on hearing the motion, the
court shall decide that the contract sued on was made to re- Endorsement
new a previously existing debt as aforesaid, the court shall di- on execution
rect that an endorsement to that effect shall be made on the
execution, and such execution shall be subject to the provi-
sions of this law. This act shall continue in force three years
from and after its passage.
Approvbd, January 6ih, 1843.

AN ACT to amend tlie severa] laws in relation to tlif trial of the right o^ In force,
properly before justices of the peace. June 1, 1843.

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

rejnesenied in the General Assembly , That hereafter in trials of In trials of

the right of property taken on execution, attachment, or other "S^t proper-
a k k J _ ^ / _ ^y gj^ persons

process, by constables, the number of jurors shall be six instead constitute the
of twelve, unless ail the parties to the trial shall agree upon ajury
larger number, not exceeding twelve, in which case the num-
ber agreed on shall constitute the jury; Provided^ that either Proviso
party shall have the right to require twelve jurors upon
advancing the additional costs and fees accruing in conse-
quence 01 increasing the number over six, such additional costs
and fees not being in any event chargeable against the other
party. This act to take effect on the first day of June
next.

Approved, February 2d, 1843.

A^ ACT to amend an act entitled "an act disposing of the public proper- jp force,

ty in Vandalia," and for other purposes. Fch. 6, 1843.

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

«y r J J ' jLieg^nJ voters

represented in the General Assembly ^ That it shall be lawful lor^f Vandah'a

the legal voters residing within the corporate limits of the to vote for or

town of Vandalia, at the annual election to be held as now T^.^^"^^ .l'"®'

., , , , ,, ,• %r , ■ » .. r , lutionofin-

provided by law, on the nrst Monday m April next, lor the corporation

election of five trustees, to vote for or against a dissolution of
the incorporation of the said town, and if a majority of the le-
gal votes given shall be for a dissolution of ihe said incorpora- Duty oftrus-
lion, it shall be the duty of the present trustees of said town tees «Scc.
to cause the poll of said election to be deposited in the office
of the clerk of the county commissioners' court of Fayette
county; and it shall also be the duty of the said trustees to de-

190 PROPERTY.

Tncorporation liver to the said clerk all the books, papers, notes, bonds, mo-
Ted^ ^^^° ' i^^y? ^^^ property belonging to the corporation, in their posses-
sion, and thereafter the said incorporation shall be considered
as dissolved.
No election Sec. 2. That in case no election shall be held on the first
being held on Monday in April next for trustees of said town, it shall be
the ist Mon- lawful for the trustees then in office to order an election to be
one may be ' held at any time thereafter, and publishing at least three print-
held at any ed or written notices thereof, twenty days before the day of
iimeafter- election, at which election the legal voters may vote for or
against a dissolution of the said incorporation, and if it shall
appear that a majority of the votes given, shall be in favor of
a dissolution, then the said trustees shall make return thereof,
and deliver to the clerk of the county commissioners' court,
all the books, papers, notes, bonds, money, and property be-
longing to the said incorporation in their possession, and there-
after the said incorporation shall be considered as dissolved.
Disposition of Sec. 3. That whenever the said incorporation shall be dis-
property on solved in the manner provided in the two preceding sections

dissolution o^Qf i^his act all the rights of property and other powers vested
incorporation. , '.. j ^ . ^ f- .u*^ ■ i j. l iu

in the president and trustees oi the said town by the provi-
sions of the act to which this is an amendment, shall become
vested in the board of trustees of schools, in township six north
of range one, east of the third principal meridian, who shall
have and exercise the same powers as, by the act to which this
is an amendment, were vested in the president and trustees of
o "cora'rs the said town, and it shall be the duty of the clerk of the
court county commissioners' court to deliver to them all the books,

papers, notes, bonds, money, and property which shall be de-
Duty of livered to him as aforesaid; and it shall be the duty of the
Bchool iruB- school trustees aforesaid to take charge of the same, and to
have possession of the east end of the house on the public
square, formerly used as a State House, and cause the same,
to be kept in repair, and used for school and such other purpo-
ses, as they may deem necessary for the interest of the in-
habitants of said town; with this condition, that if at any time
a county seminary shall be established in said county, the said
east half of said house, or such part thereof as may be requir-
ed, shall be used and occupied for that purpose, under the
control and direction of the authority which may govern the
said seminary.
To vest funds »^Ec. 4. The school trustees aforesaid, after the dissolution
in library of the town incorporation as aforesaid, shall have charge of
the funds arising from the sale made by the town trustees of
the property mentioned in the act to which this is an amend-
ment, and shall vest the same in a library and such articles
as they may deem necessary for the tuition of scholars in the
schools which may be taught in the said building.
County to Sec. 5. The county commissioners' court of said county,
caute^public ^^^^^ ^^g dissolution of the said incorporation, shall cause the
eoclosed public square to be enclosed and used as at present and may

PROPERTY. 191

cause other useful buildings for the use of the county to be Square not to

erected thereon as they may deem necessary, but never per- 1^^^°™ pj^j.'jy

mit any of the public square to become private property. .

Sec. 6. The county commissioners' court of said county, Co. court au-

after the dissolution of the said incorporation, sliall have power '^p/'^^^ ^^,
i.11 i.\. • 1- c ^ i. u • sell a certain

to seil, convey, or otherwise dispose ot lot number seven, m j^j j^^^j apply

square number thirty-five, in said town which was appropri- proceeds
ated by the act approved March fourth, one thousand eight
hundred and thirty-seven, to the use of the trustees of said
town, and apply the proceeds arising from the same in repair-
ing the roof of the east end of the said former State House on
the public square.

Approved, February 6th, 1843.

AN ACT to provide for the sale of public property and the payment of the In force,

public debi. Mar. 4, 1843.

Sec 1. Be it enacted hy the People of the State of Illinois ^ Auditor to
represented in th^ General Assembly, That it shall be the duty ^«ke account

,•1 * ,. ,' T^ I 1- A i. X * I 4. r „ii of all lands

ot the Auditor ot Public Accounts to take an account ot ail^j^^gj ^^ ^^^

the lands owned by the State, or to which the State has any State purcha-
title in law or equity, and purchased with "internal improve- 8«tl with in-
ment" moneys; all the lands donated to the State under an p^/J^^^j^^'^
act of the Congress of the United States entitled "an act to moneys
appropriate the proceeds of the sales of the public lands and
to grant pre-emption rights," approved September fourth, one
thousand eight hundred and forty-one; also, all other lands
and premises, railroads completed or in operation, and build-
ings and improvements, connected with the system of internal
improvements, belonging to the State; Provided, that this act Proviso
shall not be construed to extend to the canal, canal lands, or
lots, or the water power of the canal, or to any railroads not
finished or in operation, or to the rights of way held in con-
nection with said roads, or to the lot or lots, and buildings
thereon, and appurtenances thereunto belonging, situate in
the city of Springfield, recently occupied as the central office
of the board of public works, which shall be reserved ior the
use and residence of the Governor of this State; Provided,
also, that the purchaser, or purchasers of the property and fix- ?®^^"J^'f^p"^_
tures owned by the State at IMew Haven and Carmi, on the perty at New
Little Wabash, shall be sold, reserving the right of navigation Haven and
to the people of the State, but the said purchaser or purcha- ^^™^
sers of the albresaid property at the aforesaid places shall be
required to erect good and sufficient locks at the mill-dams,
so as to admit the speedy and safe passage of boats and crafts
of every description, free from charge or unnecessary delay;
and for a failure to comply with the provisions of this act, it
shall be a forfeiture of their purchase, and they shall be liable

192 PROPERTY.

for all damages occasioned thereby, to be recoverable before
any court of competent jurisdiction by the party aggrieved.
Auditor to en- • 8ec. 2. It shall be the duty of the Auditor to enter said
ter an ac- account of Said property, real, personal, and mixed, in a book

count oi pro- , • i i i T r ^i j ..u r

perty to be provided and kept lor the purpose, and as soon thereai-

ter as practicable, he shall furnish the Governor with a certi-
Gov. shall fled list of said property. The Governor, upon the receipt of
t^^o^be'^ail-^'^'^^^ list, or at an early day thereafter, shall cause the said pro-
praised ^ perty to be appraised, and the appraised value of each spe-
Gov. to re- citic article, parcel or quantity of said property, to be placed
turn appraise- opposite the same, and shall return the said list and appraisal
men: to And- 1.^ ,j^g Auditor, who shall carefully enter the same in a book
Proviso to be provided and kept for the purpose; Provided^ that the

said lands shall be appraised in such sub-divisions of quantity
as the Governor may direct, and that the works of internal
improvement, embracing roads, buildings, improvements, and
water powers aforesaid, shall be separately appraised.
Aaditor to *^^^* ^- '^^^^ Auditor shall prepare a general plat of the
prepare plat lands and premises aloresaid, with the lines of the said works
of lands &c. marked thereon, w^hich shall show the location, quantity, and
value of said lands and premises, and said plat shall always
remain open in the Auditor's oiiice for public inspection.
Anditor to Sec. 4. As soon as said appraisal shall be made as aforesaid

give notice of and the Governor shall have returned the same to the Audi-
sale of prop- ^^j,^ -J. gi^j^ii i^g ^i^g j^^y ^^ ^j^g Auditor to cause notice to be

given, by publication in the two public newspapers at the

seat of government, and such other papers in and out of the

State as he may deem advisable, that the aforesaid property,

real, personal, and mixed, will be offered for sale to the highest

bidder, on some day, in said notices to be named, not less than

frness^rlTcd- ^ix months after the date of said advertisement at Springfield,

ved in pay- and that internal improvement bonds and scrip, and gold and

'"ei't silver, will be received in payment for the same.

Sec. 5. It shall be the duty of the Governor, before the day

Cjrov. to cause • . ,• i \ c • a . x i.i *

property to be appoifited lor the sale ot said property, to cause the same to

classiiied be classified into articles, parcels and quraititics. according to

the nature of the case, by the Auditor; and on the day of sale

the Auditor shall have power to call to his aid tiie Treasurer of

the State, and under the supervision of the Governor, shall

Sale to be at proceed to sell said property at public auction, in the city of

Springfield Springfield, in articles, parcels, and quantities, according to

said classification, and shall strike the same otfto the highest

bidder at or above the appraised value thereof; Provided^ that

the said property shall not, in any case, be sold for less than

Proviso its appraised value; P?'ovidcd further^ that the Governor shall

have power to dispose of all the personal property owned by

the State in connection wit'.i the system of internal improve*

ments, on such terms of sale, and at such place or places, as he

shall deem most conducive to the interest of the State; any

thing in this act to the contrary notwithstanding.

PROPERTY. 193

Sec. 6. The said sale shall be continued from day to day Property re-
until the Governor shall order the same lo be stopped, and all J.'oM^subiect'
of said property remaining to the State, after said sale shall be to priratesale
closed; shall be subject to private purchase, and shall be sold ^^ appraised
by the Auditor, whenever thereafter the appraised value shall ^^ "^
be offered for the same; and in case two or more persons shall
apply at the same time for the purchase of any of said proper-
ty, it shall be the dut)^ of the Auditor to offer the same for sale^^°^^'^
to the highest bidder at or above the appraised value thereof.

Sec. 7. The Auditor shall keep a correct and complete re- Auditor to
cord of all sales made under this act, which shall describe the ^f ®P7^°°'"^^
property sold, the price at which sold, the name of the purcha-
ser, and the kind of funds received in payment; and in all cases
of sale, if the amount of property sold is not equal to the
amount of the liabilities of the State tendered in payment, it
shall be the duty of the Auditor to take up such an amount of
said liabilities as the case will permit, and endorse a credit
upon the face of the excess tendered equal to the balance of
the purchase money due the State, and in every such case, it
shall be the further duty of the Auditor to register in his office,
by their distinguishing marks, all such liabilities, with the
amounts and dates of the credits endorsed thereon.

Sec 8. It shall be the duty of the Governor to cause title Patents to be
patents to be issued to all purchasers of real estate under the issued to pur-
provisions of this act, as in other cases, and to cause to be ^f^^^^^ °^ ^^~
made, to all persons purchasing personal property, sufficient'
bills of sale, signed by himself, countersigned by the Secretary, L^nda not to
and attested by the seal of State; Provided, that the real be taxed till
estate sold under the provisions of this act, and for which title ^ve years af-
patents shall be issued, shall not be taxed until the term of five ^*^^ ^^'^
years from and after the date of the sale of the said real estate
shall have expired.

Sec. 9. The expenses necessarily incurred in carrying Expenses
this act into effect, shall be submitted to the Governor, and how paid
upon his allowance, shall be paid out of the contingent fund
of the State; and the duties imposed upon the Auditor shall be
performed by him as other duties of his office.

Sec. 10. It shall be the duty of all the officers named in This act to be
this act to use every despatch in carrying this act into effect, carried into
consistent with the public interest, and the Governor and^^^^ ^^ ^^^
Auditor are hereby authorised to take any measures which
may be necessary and proper, in order to the purposes of des-
patch, and the furtherance of the objects contemplated by
this act.

Sec. 11. The Northern Cross Railroad shall be sold subject to Northern
the lien created in favor of the bonds issued for the completion of ^^^"^ ''^^^-
said road; Provided, the depot lands at Cairo shall be reserved soM iubjtct
from sale, and the Governor is hereby authorised to lease the to certain
same upon such terms as he shall deem proper, to the occu- <^®°^itio^s
pants thereof, who shall have erected houses on the same, in
13

194 PUBLIC LANDS. PUBLIC PRINTER.

VISO

Funher pro- such parcels as he shall deem proper; And provided further^ that
the depot at Naples shall not be sold under the provisions of
this act, but shall be leased or rented to the best interest of
the Slate,

Approved, March 4th, 1843.

In fore*, AN ACT to provide for the receipt of the distributive share of this State
Feb. 21, 1843. of the proceeds of the sale of the public lands.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That the Governor of
Gov. to re- ^^-^ ^j-^te be and he is hereby authorised and empowered, by
utive share of himsclf, or by his accredited agent, to receive from the trea-
proceeds of surj of the United States any and all sum or sums of mo-
pubhc lands j^^^ ^^^^ ^^g^ q^. ^^iiich may become due, to this State
under the provisions of an act of the Congress of the
United States of America, entitled "an act to appropriate
the proceeds of the sales of the public lands, and to grant pre-
emption rights," approved September fourth, one thousand
eight hundred and forty-one, and to execute any needful and
proper voucher therefor.

Approved, February 21st, 1S43.

In force, A?^ ACT supplemental (o the several acts defining the duties of the Public
Mar, 4, 1843. Printer.

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

represented in the General Assembly, That until otherwise

^'f\^ °°pi*^s enacted there shall be printed for distribution under the direc-

ot the Jour- . r- i -i • -t ^ i t i • i tt r

nals and Re- tion 01 the Secretary ol State, of the Journals or the Hou^e oi
ports of each Representatives, one thousand copies, of the Journals of the
)rintTd^^ ^ Senate, one thousand copies, and of the volume of Reports of

both Houses, one thousand copies.
Conipensa- Sec. 2. That until otherwise enacted, the prices for public

lion for print- pj-iiji^ing gliali be as follows, to wit; for plain work, lifty-six
^"^ and one-fourth cents per thousand ems; lor figure work, eighty-

four cents per thousand ems; and for rule and figure work, one
dollar and twelve and a half cents per thousand ems, for composi-
tion; and filty-six and one-fourtli cents per token for press-
v»-ork; for blanks, certificates, and circulars for the use of Legis-
lature, and the several departments of State Government, one
dollar for the hrst quire, and for each additional quire of the
same kind ordered at the same time, seventy-five cents; ex-
cepting when said blanks contain so much rule and figure
work as would demand an additional charge from journeymen
for composition; in which case the public printer may make
an advance of fifty per cent, on the charge of his journeymen
as aforesaid; Provided, that the paper for such blanks, certifi-
cates, and circulars be furnished by the Public Printer at his
own proper cost and charge.

RAILROADS. 195

Sec. 3. That the twelfth, thirteenth, and fourteenth sec-
tions of the act of 23d February, 1841, be and they are here-
by repealed.

' Sec. 4. This act to take effect from and after its passage.
Approved, March 4th, 1843.

AN ACT in relation to the Kaskaskia and Mississippi Raiiroad Company. In force.

Mar. 3, 1S43.

Sec. 1. Be it enacted hy the People of the State of lilinois,
represented in the General Assembly^ That the stockholders of ^^"•^^^J^®''*
the Kaskaskia Rciilroad Company be and they are hereby "g^fj^'ro^ad
authorised and empowered to make a macadamized road, com-
mencing at the Kaskaskia landing, on the Mississippi river,
and running thence east to the town of Kaskaskia, in the
county of Randolph, instead of a railroad, as is now authoris-
ed by said charter.

Sec. 2. That the time specified in said Kaskaskia railroad Time for
charter, for the completion of said railroad, be and the same «o'iip|*^'jon
IS hereby repealed. ^

Sec 3. That a failure to hold the annual meetings of the Failure to
members of said company, shall not work a forfeiture of said hold meetings
charter; and the directors shall hold their offices until others ^"°"^^'7("°'
are elected and qualitied to fill their places; but in case, of de- a forfeiture
fault of the annual meeting being held on the day specified in
said charter, the meeting may be held on any other day, by
giving at least ten days notice of the time and place of such
meeting. This act to take effect from and after its passage.

Approved, March 3d, 1843.

AN ACT to provide for the completion of the Northern Cross Railroad. In force,

Mar. G, 1843.

Sec 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly ^ That Philo Hale, Isaac C. Northern
Pugli, JohnB. Watson, James liay, John Tinbrook, James^'Tmnlpo?-'^
McReynolds, E. B. Hale, George Merrick, William Knox, tation Com-
Isaac Sodonsky, SLimuel Frazier, jr., Henry L. Ellsworth, P^^^J
Arnold Naudain, John Grigg, Loughborough, James

F. Reed, Samuel Grubb. and their associates, successors and
assigns, are hereby created a body politic^and corporate, under
the name and style of the ^'Northern Cross Railroad and
Transportation Company."

Sec 2. vSaid company may have and take the line of the Companj
Northern Cross Railroad, as surveyed and located by the maj take said
State, from Springfield, in Sangamon county, to Decatur, ing"]^^'^g™j ^^
Macon county, thence to Sidney, in Champaign county; thence Indiana Siate
to Danville, in Vermilion county; thence to the eastern line line
of the State, together with all appurtenances theseunto be-
longing, such as culverts, bridges, abutments, piers, materials

196 RAILROADS,

now on the line of said road, right of way, and all other pur-
chases made by the State on the line of said road, and to be
used in the construction and completion of said road, together
with that part of the line of said road lying within the limits
of the State of Indiana, and between the State line and the
Great Wabash river, opposite the town ol Covington, Indiana,
together with all and singule.r the property thereunto belong-
ing, so far as the State may possess the right to transfer the
same.
Value of work ^^c. 3. The Governor of this State is hereby authorized
and materials and required to appoint one or more competent persons to
to be estim- estimate the present value of any work done at the expense
nlr sfate in° of the State on the said road; also, of materials, lands, or right
debtedness of way, and whatever sum shall be agreed upon as the value
thereof, shall be paid, or secured to be paid for, by the com-
pany in the bonds or other indebtedness of the State any
time before said company shall take possession of the work.
Cap'tal stock Sec. 4. The capital stock of said company shall consist of
ten thousand shares of one hundred dollars each, with the
privilege of increasing the number to fifteen thousand shares
in the whole; and the immediate government and direction
of the affairs of said company shall be vested in five directors,
who shall be chosen by the stockholders and appointed as
hereinafter provided, who shall hold their offices for one year,
Officer* ^"^ "^^^^ others shall be duly elected and qualified to take

their places as directors, a majority of whom shall form a
quorum to do business, shall elect one of their number presi-
dent and appoint a clerk, who shall be sworn to a faithful dis-
charge of his duties, and shall also appoint a treasurer, who
shall give bond to the company, with securities, to the satis-
faction of the directors.
Capital Block Sec. 5. The capital stock of said company may be sub-
how taken scribed and paid for, either in money, lands, labor, or mate-
rials, in the following manner, to wit: The subscribers to the
capital stock shall, at the time of subscribing, designate in
which payment is to be made, whether in money, lands, ma-
terials, or labor; and if in money, he shall, at the time of sub-
scribing, pay into the hands of some one of the directors five
dollars on each share by him subscribed, and said director,
upon the receipt thereof, shall issue a stock receipt to said
subscriber for the same. If the stock be subscribed in land,
the subscriber shall, at the time of subscribing, execute to the
company a title bond for the land so subscribed, which title
bond shall particularly designate and describe the lands in-
tended to be conveyed to said company, as also the conditions
and terms upon which said title bond is given; no lands shall
be subscribed to said stock at a greater value or rate than one
dollar and twenty-five cents per acre. If subscription be
made in labor or materials the subscriber shall enter into good
and sufficient security for the faithful performa'ace of his con-
tract.

RAILROADS.

197

Sec. 6. It shall and may be lawful for any one of the per- Book to beo-
sons named in the first section of this act to open books to the ^g^^g sub-^^
capital stock of said company at any time and place he may scriptious
deem advisable and most likely to secure the construction of o^' stock
gaid road.

Sec. 7. As soon as one hundred thousand dollars of said Directors to
capital stock shall he subscribed for in cash, (and ten per cent^^ elected
thereon paid in) lands, materials, or labor, the persons named
in the first section of this act, or any two of them, shall no-
tify the stockholders to meet at some point on the line of said
Northern Cross Railroad, to be designated by them, for the
purpose of electing five directors of said company, which no-
tice shall be given at least sis weeks prior to the time of meet-
ing, and shall be given by advertisement published in one of
the newspapers printed at the seat of Government of this
State.

Sec. 8. The manner of voting at elections held by said Manner of
company shall be fixed by the by-laws of said company, as^P"°S at
also, the place and time of holding their annual meetings;
Provided, that each stockholder shall be entitled to one vote
for each share of stock owned by him, and which may be
given either in person or by proxy.

Sec. 9. So soon as the directors of said company shall be „ , . .
elected, and they shall have appointed a treasurer and clerk, books to be
the subscription books, together with all moneys and papers delivered to
belonging to said company, shall be delivered over to said ^^^"^^^'^^'^
directors.

Sec 10. If the General Government shall at any time
hereafter donate to this State any lands for the completion of Donation by
said Northern Cross Railroad, the same shall immediately ^^"^'"^^ ^°^'
thereafter be conveyed by the Governor of this State, in fee
simple, to the said company, to be by them appropriated ex-
clusively towards the completion of said road.

Sec 11. The directors shall have power to emiploy an en-
gineer or engineers, and all other ofticers necessary to carry Powers of
on the work on said road, making such allowance of pay as directors
shall be reasonable and just, and shall have full power to
make all necessary contracts for the prosecution of the work
on said road.

Sec 12. Whenever one hundred thousand dollars shall be
subscribed for, as hereinbefore provided for, to the capital ,t t

stock of said company, and io/m fide transferred to saidcoirtracts for
company, the directors of said company shall be empow-work
ered to make contracts for the construction of said road;
and shall have the power and right to issue in payment
for work and materials, certificates of land scrip upon each
forty acres of the lands invested as capital stock. Each cer-
tificate shall particularly describe the forty acres upon which
the same is issued, and shall entitle the holders to a deed for
the same.

Sec. 13. The company may, at their election, put down a
double or single track, and of iron or wood.

198

RAILROADS.

Animal or
steam power

Bridges and
culverts

Location znay
be changed

Rates of toll
increased

When to be
coma>enced
&, completed

Account of
COSTS to be
kept

Darafiges to
be paid to
owners of
land

State may

purchase

road

Stockholders
individually
liable for
debts of the

company

Sec. 14. It shall be discretionary with said company to
use steam or animal power in transportation on said road.

Sec. 15. It shall be competent for said company to estab-
lish such grade and adopt such plan in the construction of
bridges, culverts, and embankments, as they may deem most
advantageous.

Sec. 16. It shall and may be lawful for said company to
make such changes in the present location of said road, as they
may deem exnedient and calculated to promote the success of
the work, and the interests of the stockholders.

Sec. 17. The rates of toll may at any time be increased by
the Legislature of this State, with a view of raising revenue.

Sec. 18. The company shall commence work within two
years from the time they shall elect directors, and shall ex-
pend ten thousand dollars vvithin one year thereafter, and
fully complete said road within ten years.

Sec. 19. The said company shall procure a well bound
book, wherein they shall cause to be entered a correct and
exact statement of the cost of constructing said road and
other disbursements, together with all accruing receipts from
tells and otherwise, an abstract of which statement shall be
submitted to the Governor on or before the first day of De-
cember in each year.

Sec. 20. The said company shall be holden to pay all
damages that may arise to any person or persons, corporation
or corporations, by taking of lands and materials for the said
railroad, when it cannot be obtained by voluntary agreement,
to be estimated and recovered in the manner now provided
bylaw for the recovery of damages happening by laying out
public roads and highways.

Sec. 21. The State of Illinois, on the failh of the State,
shall be at liberty at any time before or after the completion
of the said road, to advance to said company all such advances
and expenditures as they may have made lor its construction,
exclusive of land donated bv the General Government, with
six per cent, interest per annum, and complete, and possess,
and govern the same, free from the claim of said company or
their assigns.

Sec. 22. That the stockholders hereby incorporated shall
be liable in their private capacity, and individual property,
for all debts contracted by said corporation, and the Legisla-
ture may repeal, alter or modify the same upon any depar-
ture from, or violation of the provisions oi this act.

Approved, March 6th, 1843.

RAILROADS. 1^9

AN ACT to extend the time for the completion of the Illinois and Rock In force,

river Railroad . Mar. 6, 1842.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That the time limited by Time for
the twentieth section of the act, approved February the twen-cou'plpn"on
ty-seventh, one thousand eight hundred and forty-two, for the*'^^*''"^^'
construction of a railroad from La Salle to Dixon, sliall be ex-
tended until live years aft(;r the final completion of the Illi-
nois and Michigan Canal, and that the Illinois and Rock river
Railroad Company shall be authorised and en:powered to ex-
tend the Illinois and Rock river Railroad beyond the village
of Dixon, and terminate said railroad at some point on the
Mississippi river.

Sec. "2. An act supplemental to the charter of the Springfield Certain act
and Alton Turnpike Road Company, approved February ^^^'^^ed
twenty-seventh, one thousand eight hundred and forty-one,
be and the same is hereby revived until the end of the next
General Assembly.

Approved, March Gth, 1843.

AN ACT to incorporate the Great Western Railway Company. In force.

Mar. G, 1843.
Sec 1. Be it enacted by the People of the State of lllincis,
represented in the General Assembly^ That the president and Great U'ee-
directors of the Cairo City and Canal Company, (incorporated ^^^^ i;f»lroad

^ ^ r^. /• r 1 1 • • \ II- ^ • ^ rr- ^i ,Way iOCOrpO-

by the State or lllmois,) and their successors in office, be and rated
they are hereby made a body corporate and politic, under the
name and style of the Great Western Railway Company; and
under that name and style, shall be and are hereby made capable,
in law and equity, to sue and be sued, plead and be impleaded,
defend and be defended, in any court or place, whatsoever,
to make, have, and use a common seal, tlie same to alter
and renew at pleasure, and by that name and style, be capa-g ,t
ble in law of contracting and being contracted with, of pur- powers
chasing, holding, and conveying away, of real and personal
estate, for the purposes and uses of said corporation, and shall
be and are hereby invested with all the powers, privileges, and
immunities which are or may be necessary to carry into effect
the purposes and objects of this act, as hereinafter set forth;
and the said corporation are hereby authorised and empowered IMay con-
to locate, construct, and finally complete a railroad commenc- ^''■."ct r
ing at the city of Cairo, in Alexander county, in Illinois, and
thence north, by way of Vandalia, Shelby villc, Decatur, and
Bloomington, to a point on the Illinois river, at or near the
termination of the Illinois and Michigan Canal, in such man-
neiiand form as they shall dsem most expedient; and for this
purpose said company are hereby authorized to lay out said
road, not exceeding ten rods wide, through its whole Jength,

a cer-
railroad

200

RAILROADS.

and for the purpose of cutting embankments, and procuring
stone or gravel, may take as much more land as may be ne-
cessary for the proper construction and security of said road;
To pay dam- Provided^ that all damages that may be occasioned to any per-
a^esforta- son Of corporation by the taking of such land or materials,
'ing an shall be paid for by said company in the manner prescribed
by the act creating a genera] system of internal improvements;
and the right of way, acquired under such act or assessment,
shall vest in said company the same rights.
Affairs how Sec. 2. The immediate direction and government of the af-
governed ^^\y^ of ^.^{^f^ company shall be vested in a board of not less
than five directors, who shall be chosen by the members of the
Cairo City and Canal Company, at the annual meeting as pro-
vided by the ninth section of the act of its incorporation, and
OflScers ^ho shall hold their offices until others shall be duly elected

and qualified to take their places as directors; and the said
directors, a majority of whom shall form a quorum for the
transaction of business, and shall elect one of their number to
be president of the board, v/ho shall also be pnsident of the
company, and shall have authority to choose a secretary,
who shall be sworn to the faithful discharge of his duty, and a
treasurer, who shall give bond to the corporation, wqth sure-
ties to the satisfaction of the directors, in a sum not less than
twenty thousand dollars, for the faithful discharge of his trust;
Provided^ that the first board of director^^ to be elected under
the provisions of this section, may be chosen at any time be-
fore said annual meeting.
President & ^EC. 3. The president and directors for the time being are
directors can hereby authorised and empowered, by themselves or their
e^s^ranrdT" '"^S®^^^' ^^ execute all the powers herein granted to the com-
pany, for the purpose of locating, constructing, and complet-
ing said railroad, and for the transportation of persons, goods,
and merchandize, and all such other powers and authority for
the management of the affairs of the company, not heretofore
gr;mtcd, as may be necessary and proper to carry into effect the
objects of this company, for the use of the road for the trans-
portation of persons, goods, and merchandize.
By-laws Sec. 4. The said company shall have power to make, or-

dain, and establish, all such by-laws, rules, regulations, and or-
dinances, as they may deem expedient and necessary to accom-
plish the designs and purposes, and to carry into effect the
provisions of this act, and for the well ordaining, regulating,
and securing of the interest and aflairs of the company; Pro-
vided, the same be not repugnant to the constitution and laws
of this State, or of the United States.

Sec. .5. A toll is hereby granted and established for the sole

benefit of said company, upon all passengers and property of

p ^ ,. every description, which mny bo carried or transported ^ipon

how eaiab- the said railroad, at such rates per mile as may be agreed upon

lished and established from time to time, by the directors of the said

company. The transportation of persons and property, the

RAILROADS. 201

construction of wheels, the form of cars and carriages, the
weight of loads, and all other matters and things in relation to
the use of the road, shall be in conformity to such rules, regu-
lations, and provisions as the directors shall from time to time
prescribe and direct. Collection of

Sec. 6. The directors of the said company for the time be- ^^^^
ijtig are hereby authorised and empowered to erect toll houses,
establish gates, appoint toll gatherers, and demand toll upon
the road when completed, and upon such parts thereof as may
from time to time be completed. Estate of feme

Sec. 7. When the lands, or property, or estate, of any feme coverts and
. ' r J. 'a-unu persons non

covert, miant, or person non compos mentis, shall be necessa- compos

ry and wanted for the use or construction of said road, the mentis how
husband of such feme covert, and the guardian of such infant ''^^^^^^^^
err person non compos mentis, may release all damages or de-
mands for any damages, on any lands or estate so taken and
appropriated as aforesaid, as they might do if the same were
holden by them in their own right respectively.

Sec 8. If any person shall wilfully, maliciously, or wanton-
]y, and contrary to law, obstruct the passage of any carriage
on said railroad, or in any way spoil, injure, or destroy
said road, or any part thereof, or any thing belonging
thereto, or any material or instrument to be employed in the
construction or for the use of said road, he, she, or they, or any
person or persons, aiding or abetting such trespass shall for-
feit and pay to said company, for every such offence, treble penalty for
such damages as shall be proven before anycourt having com- obstructing or
petent jurisdiction thereof; and such offender, or offenders,'°J"P"S''ail-
shall be liable to indictment by the grand jury of the county
within which such trespass shall have been committed, for any
offence or offences contrary to the above provisions, and on con-
viction thereof, before any court competent to try the same,
shall pay a fine not exceeding one hundred do]lars,norless than
thirty dollars, to the use of the people of the State oflllinois, or
may be imprisoned for a term not exceeding one year, at the dis-
cretion of the court before whom conviction may be had. Capital stock

Sec. 9. The capital or funds which may be required and ^°^ obtained
is necessary, from time to time, for the objects authorised by
this act, shall be obtained by the sale of bonds or obligations
to be issued in the name of, and upon the sole security of the
whole property, estate, and income of the Great Western
Railway Company, and which indebtedness may be made
payable at such times and places, and with such rates of in-
terest,and in such form and manner, as the directors of the said
company, for the time being, shall deem most proper and ex- Proviso
pedient; Provided, that no obligation issued by the company
for loans, shall be considered or deemed a lien upon, or secu-
red by the income or property of the company, unless such
indebtedness shall be signed by the president and treasurer of
the company, and its corporate seal affixed thereto, and coun-
tersigned by the president and treasurer of the Cairo Citv and
Canal Company, and also certified thereon that it is recorded

202

RAILROADS.

in the office of register of deeds, for Alexander county, Illi-
nois, the number, by whom signed, when and where due, the
rate of interest, date, and amount of all such indebtedness,
shall be entered in a separate record book, kept for the pur-
pose, and upon payment by the company of obligations thus
signed, sealed, and recorded, they shall be returned to the said
register's office and cancelled, which shall be evidence of the
payment thereof.

Sec. 10.''As security for the payment of the principal and in-
^^" ^"^°™^ terest of all bonds and obligations, issued conformably to the
pled-^ed for Preceding section, the whole nett income of all rents and tolls
tlie payment derivable from the road, works, buildings, lands, and other
°H h^^li^^^^'^'P^^P^*^^ of the company, shall be and are hereby declared to
company ^® specially held, pledged, and irrevocably secured to the hold-
ers of the said bonds or obligations of the company, against
the claim or claims of all other parties, until the principal and
interest of all such indebtedness shall be fully paid according
DispoBitionof^*^ ^^^ terms of the loan; and the surplus income of the corn-
surplus funds pany, after providing^ for the annual interest on these loans, shall
be invested as a sinking fund in the government stock of the
United States, or it may be appHed to the liquidation of the
indebtedness of the company.
Company Sec. 11. The company are hereby authorised to make and

"*?y^°"'''^c^ enter into any contract or agreement with the Governmentof
Government ^'^^ United States, for the use of the railroad in transporting
for carrying the mails, and for other purposes of the Government, for any
mail&c, period of time; and any contract signed by the president of
this company, and of the Cairo City and Canal Company, and
attested by the treasurer of each company, and recorded in
the recorder of deed's office in Alexander county, in Illinois,
shall be binding on this corporation, and shall take precedent
over all other contracts, and shall have a preference-lien on
all the property of the company; any thing in this act to the
contrary notwithstanding.
Present value Sec. 12. The Governor of this State is hereby authorised
of work done and required to appoint one or more competent persons to es-
railroad to be^^"^^^® ^'^^ present value of any work done at the expense of
estimated and the State, on the Central Railroad; also, of materials, lands, or
paid in State rjaht of way; and whatever sum shall be fixed upon as the

indebtedness i .^ r i -i i n i -j r i Ti

by thecompa-"^^'"® tnereoi, by sain persons, shall be paid tor by the compa-
ny ny in the bonds or other indebtedness of the State, any time
during the progress of the road to completion; and any con-
tract entered into under the seal of the Slate, and signed by
the Governor thereof, shall be legal and binding, to the full in-
tent and purpose thereof, on the State of Illinois.
To be com- Sec. 13. The said company are hereby authorised to make
pleted in ten ^nd extend said main road to Galena; Provided, that the rail-
road herein granted shall be commenced in two years, and
two hundred miles completed within ten years thereafter.

Sec. 14. That whenever the whole indebtedness of this
company shall be paid and liquidated, the Legislature of the
State, thereafter, then in session, shall have the power to alter,

years

RECORDS.

203

amend, or modify this act as the public good shall require, and J^^^ ^^^ ™^y
also that of the Cairo City and Canal Company; and the j^^g^idg^^ i*J^
eleventh section of the act incorporating the said Cairo City indebtedness
and Canal Company, which limits its charter to twenty-five o^^°^°P*"J
years, be and the said section is hereby repealed, and this act^ ^ *^ ^^^
be and is declared a public act, and as such shall be taken no-
tice of by all courts of justice in this State, without the neces-
sity of pleading the same, and shall be in force from and after
its passage. Company not

Sec. 15. Nothinsr in this act shall be construed as granting }°. ^'^^^^f}"-

, , . • -1 ji • * king privile-

bankmg privileges to this company. ges

Sec. 16. Whenever the said company shall have paid and
discharged all its obligations and indebtedness, assumed or
entered into under the provisions of this act, that then, and
forever thereafter the said company shall be held to pay to the
Treasurer of the State of Illinois, for the use of the State, one-
fourth of the whole nett income annually received from the
road herein authorised to he made; Provided^ that no Legisla-
ture shall, at any time hereafter, so reduce the tolls as to pro-
duce less than twelve per cent, nett per annum, upon the cost of
said road, without the consent of said company.

Sec. 17. The Governor may, in the sale, mortgage, or trans- Xieaervation
fer, of the depot land at Cairo, to said company, reserve the of depot lands
right of occupancy to the persons resident thereon for the
term of three years, free from molestation, from the passage
of this act; Provided^ the land thus occupied shall not exceed
two acres, including the buildings of the occupants.

Sec 18. All lands that may come into the possession of said Land of com-
company, whether by donation or purchase, and which are not P^"J °J^ '"*:
required for the use, security, or construction of the road here- 2se^of the
in authorised to be made, shall be sold by the company within road to be
five years from and after the completion of said road, otherwise ^^^^ ^y ^^*
all lands not sold shall revert to and become vested in the '^^"^P^"^
State of Illinois: Provided; that until said lands are sold, they Pronao
shall be and are hereby declared pledged, held, and mortga-
ged as security for the payment of the bonds and obligations
of the company, authorised to be issued under and in confor-
mity of the provisions of this act, and the proceeds of said land
whenever sold, shall be wholly applied to the payment of the
indebtedness of the said company, and for no other purpose
whatever.

Approved, March 6th, 1843.

AN ACT legalizing: certain records in Greene county, and authorizing re- In force,

corders to appoint deputies in certain cases. Jan. 24, 1843.

Sec 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That all deeds, mort-
gages, title bonds, defeasances, bills of sales, and all other

204 RECORDS.

Deeds and o- writings authorized by law to be recorded, and which were
Ill!l!l^^r^rnr Tecordcd, bv Revil W. English, in the records of deeds in
ded by G. W. Greene county, during the time he acted as deputy under
Engliuh to be Charles Lancaster, the recorder; and also, all such as were
corded Vrre^ recorded by said English up to the time that the successor of
corder said {Lancaster was elected and qualified to office, be and the

same is hereby declared valid in law and equity, to as full an
Certificates of ^^^^'^^ ^^ ^^^'^^ same had been recorded by the recorder in
eaid English conformity to law; and that all certificates made by said En-
made avid- glish of such record be received as evidence of such record
®"°® in all the courts of law and chancery in this State.

Deputies Sec. 2. County recorders are hereby authorized to appoint

when appoin- deputies only when the recorder shall be disabled by sickness

or other bodily infirmity.

Approved, January 24th, 1843.

In force, AN ACT concerning the records of Jersey county,

Feb.l, 1843.

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

represented in the General Assembly, That it shall be lawful

Certain rec- ^q^ ^\^q county commissioners' court of Jersey county to em-

Gre'ene co. to pl^Y the recorder of Greene county, or some suitable person

be copied and who will do the work cheaper, to copy into a well bound

nled in recor- \yQQ^ or books, at the expense of said county, all deeds, mort-
der'a ofnce of i i xi -i.- /• i.! c ^

Jersey CO. g^g^^? bonds, or other wntmgs, for the conveyance oi or re-
lating to lands lying in said county, and which deeds, mort-
gages, bonds, or other writings, which were recorded in the
recorder's office of Greene county, previous to the organiza-
tion of said county of Jersey; such copies to be placed in the
recorder's office of said Jersey county.
Person copy- Sec. 2. The person or persons employed by the county
ingtohave commissioners' court of Jersey county to procure copies as
book^"^ ^° aforesaid, shall have full access to the books in the recorder's
office of Greene county, for the purpose of making such
Copies to be copies; and the recorder of Greene county shall carefully
certified compare such copies with the records in his office, and if he

finds them to be correct he shall make a certificate to that
effisct, under his hand and seal, at the end of each volume, of
such copies.
Volume and Skc. 3. At the end of the copy of each deed, or other wri-
pagei to be ^^j^g^ copied as aforesaid, the person copying the same shall
note the volume and page of the record from which it is
copied.
Comnensa- ^^^* ^* ^^^ ^^^ services in comparing such copies the re-
tion of recor- corder of Greene county shall be entitled to compensation not
ders exceeding ten cents for each deed, or other writing, so com-

pared by him, to be paid by Jersey county.

Sec. 5. All copies made, compared, and certified as afore-
said, and all transcripts of such copies, certified under the

RECORDS. 205

hand and official seal of the recorder of said Jersey county, Copies made
shall be received and taken in all courts of justice and other ^^^^^'^^^
places in this State, in as full and ample a manner as the records
from which they shall betaken; Provided^ however^ that if Proviso
any discrepancy or variance shall be found to exist between
said copies and the records of Greene county, then a copy
from the records of Greene county, certified by the recorder
tliereof to be correct, and to have been examined with ref-
erence to such variance, shall be received as the proper evi-
dence.

Sec. 6. This act shall not be so construed as to change or Genera] law
affect the existing laws of this State in relation to the admis- ^f ^^ admis-

r.u • rj J V -i- J sion of evi-

sion of the copies oi deeds, or other writings, as evidence, dene© not
but the same rules of evidence as to the production of the changed
original deeds, or writings, shall be pursued as now provided
on that subject.

Sec. 7. It shall be lawful for said county commissioners' Asbtracts
court of Jersey county to procure abstracts of all the deeds "^^^jj*^ PJP'
which have been recorded in the records of said Greene (,(• complete
county, of lands lying in said Jersey county, if in their opinion records
said abstracts will answer in lieu of complete records as herein
above provided; which abstracts shall be made out and certi-
fied by the recorder of Greene county, and paid for out of
the county treasury of Jersey county. The price for each
abstract with the certificate to be agreed upon between the '

parties.

Sec. 8. This act to take effect from and after its passage,
and to be deemed a public act.

Approved, February 1st, 1843.

AN ACT to repair the damages occasioned by the destruction of there- In force,
cords and public documents of Jackson county. Feb. 1, 1843.

Whereas, the court house in the town of Brownsville, in Preamble
Jackson councy, was accidentally consumed by fire, during
the night of the tenth of January, one thousand eight hun-
dred and forty-three, including the offices of the circuit
court, the county commissioners' court, the county recorder,
and the probate justice of the peace of the said county,
with all the books, papers, records, and efl^ects belonging
to the said offices, and all public document contained in
the archives of said county; therefore,

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

represented in the General Assembly, That William Doty and
Jefferson Allen, of Jackson county, and Willis Allen, of Wil- f °^r^^°^^;°-
liamson county, be and they are hereby appointed a board established
of investigation for the said county of Jackson, any two of
whom shall have full power and authority to act in relation
to all matters referred to them by this act; and upon the refu-
sal of any one of the members of said board to serve, or upon

206

RECORDS.

Vacancy how
filled

Clerk

Gov. may re-
move mem-
bers of board

Time and
place of opeu-
ing office

No lice to be
given

What notice
to contain

How lon^
board to con-
tinue

Proviso

Members of
board to be
sworn

the resignation or death of any one of its members, the re-
maining two members shall have authority to appoint one in
his stead; and Daniel H. Brush, of Jackson county, shall be
and he is hereby appointed secretary of said board, whose
duty it shall be to record the proceedings of said board; Pro-
vided^ however, that any of the members of said board shall be
subject to removal at any time by the Governor.

^Ec. 2. It shall be the duty of the said board on or before the
first day of April next, or as soon thereafter as may be, to
open an office in the town of Brownsville, in said county, and
as soon as convenient thereafter to cause advertisements to
be posted up in three different places in each election precinct,
and at three different places at the county seat of said county,
and to cause the same to be inserted in the newspaper print-
ed by the Public Printer at the seat of Government, and in
one or more newspapers of general circulation in said county,
notifying all whom it may concern that records and public
documents appertaining to the office of the clerk of the cir-
cuit court, county commissioners* court, county recorder, and
probate justice of the peace of Jackson county, have been
consumed by fire, and that the members of the said board are
empowered by law to receive, collect and examine, all bonds,
deeds, wills, and other instruments of writing, previously filed
and recorded in said county, and pass upon the same for the
purpose of having them again filed and recorded; and also, to
receive testimony in relation to the title of real estate in said
county, where all evidence may have been destroyed as afore-
said, and to perform such other acts as may tend to repair
the damage occasioned by the destruction of said records,
and that they will attend for that purpose in their office in
the town of Brownsville, in the said county, on the second
Monday of May next, and continue therein until the same
shall have been accomplished.

Sec. 3. After some such notice as the above shall have
been given for the space of four successive weeks, the said
board shall enter upon the performance of its duties, and shall
continue therein until the same shall have been accomplished;
Provided, however, that it shall in no case continue longer
than twelve months from the time of its commencemeni, un-
less by special leave of the Governor for good cause shown.

ISec. 4. The members of the said board, before entering
upon the performance of their duties, shall subscribe an oath
before some person competent to administer the same, that
they will well and truly, without favor or partiality, perform
all the duties assigtjcd them as a board of investigation for
Jackson county, to the best of their skill and ability; which
oath shall be recorded by them in the book first opened,
and a copy thereof filed in the office of the clerk of the county
commissioners' court.

Sec. 5. The board shall procure well bound books, and
shall, upon the application of any persons interested, proceed

RECORDS. 207

to record all bonds, deeds, and other instruments of writing, Board to re-
which have been filed or recorded in said county, and the^"^ papers
record or file of which have been destroyed as aforesaid, spe-
cifying the date of the first recording or filing of the said in-
struments in each case.

Sec. 6. It shall be the further duty of the board to record jj^^ willsto
in separate books, all wills, and testaments, and particulars be recorded
in relation to the probate of the same, which have been before
recorded or filed, and the record or files of the same destroy-
ed; and the record of deeds, bonds, wills, testaments, and Effect to be
other instruments of writing, thus made shall be as legal and given to re-
valid, and shall have the same force and eifect as the original ^^^"^^
record or file.

Sec. 7. in all cases where the written evidence of title to Board awiho-
any lot, tract, or parcel of land has been injured, impaired, '"^^ed to hear
or destroyed by the operation of the said fire, the said board ^^'jjj ,,g^f^^jj '
shall have power to hear parol testimony in relation to such cases
matter, and their report, when entered up and recorded in a
book to be kept for that purpose, shall be prima facia evi-
dence of the facts therein contained.

Sec. S. The said board shall hear testimony in relation to Duty of board
the judgments and decrees of the circuit court of said county, i" reference
when the title to real estate is injured or destroyed by the^*^'" ^"'^
destruction of the records of the same, and shall in all such
cases. enter up orders in relation to such judgments, decrees,
executions, and other proceedings of said court according, to
the truth of each case, which order shall be prima facia evi'
dence of the facts therein contained.

Sec. 9. The said board shall proceed also to repair all Board to lup-
damase done bv the loss of the files and records of the county i^^y Jofs of
commissioners' court by procuring all the information wiiich
can be obtained from the office of the Auditor of Public Ac-
counts and elsewhere, and by having recourse to parol testi-
mony, when written testimony is not procurable, and the
orders and reports made by the said board touching this mat-
ter shall he considered prima facia evidence of the facts
therein contained.

Sec. 10. When any real or personal right has been ef- Persons
fected or impaired by the destruction of the files and records whose rights
aforesaid in any of the otlices aforesaid, the party or parties ^^ ^ ^™"']',^^J
injured may apply to the said board, and upon notice being "board
given to the opposite party or parties, and an opportunity,
allowed them to contest the same, the said board shall pro-
ceed to hear testimony and decide upon the same, and their
decision shall he prima facia evidence of the facts decided; proviao
Provided, however, that when the same is contested, and the
matter doubtful, the parties shall be referred to their reme-
dies in courts of justice, and upon the dissolution of the said
board, the books containing the records and proceedings of ^^^^^^^ j^^
said board shall be deposited, by the direction of the county deposited

208

BECORDS.

Any member
of board may
examine wit-
nessses

Impose fines

Board may '
adjourn

Compensa-
tion

Expenses
how paid

Proriso

commissioners' court, in the proper offices, to be preserved for
the purpose of supplying the loss of the public archives.

Sec. 11. To enable the said board to perform the duties
thus assigned them any one of them shall have power to swear
witnesses, and examine them touching any subject connected
with their duties, and any two of them shall have power to
summon parties and witnesses, or notify them to attend at
their office, on a particular day, for any particular purpose
touching the matters in hand, and upon neglect they shall
have power to impose a fine not exceeding ten dollars for
such neglect. Any two of them shall have power to issue
subpoenas, attachments, summons's and other necessary pro-
cess, directed to the sheriff of Jackson county, or other county
in this State, and to employ constables, who shall execute
the same, who shall be paid as in other cases. The fines
thus imposed shall be recoverable before any justice of the
peace. Said board shall have power to adjourn from time to
time for the purpose of facilitating the investigation, giving
notices, procuring testimony, examining witnesses, and for
such other purposes as may be necessary.

Sec. 12. The members and secretary of the said board
shall be allowed two dollars per day for their services while
employed, the time to be certified under oath before the
county commissioners' court, and certified by that court, and
the same to be paid out of the State treasury; all the other
expenses attending said investigation to be sworn to and cer*
tified and paid in like manner; Provided, that the amount to
be drawn from the treasury shall not exceed the sum of one
thousand dollars, and the commissioners and secretary afore-
said shall not be allovved pay except for the time actually
employed in the discharge of the duties assigned to them by
this act. This act to take effect from and after its passage.

Approved, February 1st, 1843.

In force,
Feb. 3, 1843.

Preamble

AN ACT in relation to certain records in Adams county.

Whereas, by an act entitled "an act to provide for transcrib-
ing certain records therein named," approved February
twelfth, one thousand eight hundred and thirty-five, the
county commissioners' court of Adams county was authori-
zed to cause the records of deeds, and other writings rela-
ting to rcjil estate, situated in said county, and which had
been recorded in other counties in this State, to be trans-
cribed and deposited in the recorder's office in said county,
certified copies whereof to be used in evidence, as in the
said act provided; and whereas, by virtue of said act, one
John H. Holton was duly appointed and authorised to
transcribe said records, and the said Holton did, in pursu-
ance of said appointment, transcribe a part of said records

RECORDS, 209

in person, and caused a part thereof to be transcribed by
an agent, selected by him for that purpose; and whereas,
doubts have arisen whether the said transcribed records, or
certified copies thereof, are admissible in evidence accord-
ing to the true intent and meaning of said act; now there-
fore.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the said records, so d ,
transcribed as aforesaid, and heretofore deposited by the said transcribed
John H. Holton, in the recorder's office of Adams county, and and deposited
by him duly certified according to the provisions of said act,J^"g^^^'^°''''^^'^
or certified copies thereof, shall be admissible in evidence in evidence
all cases provided for in said act, and shall be entitled to the
same credit, and have the same force and effect, as if the said
records, and every part thereof, had been transcribed by the
said Holton in person.

Approved, Februarv 3d, 1843.

AN ACT providing for the making an index to the records of Cook county In force,

and for other purposes. Feb. 23, 1843.

Sec. 1. Be it enacted by tJie People of the State of Illinois, Co. com'rs of
represented in the General Assembly, That the county commis-^°°V^J°- ^^
sioners of Cook county shall furnish an office for the safe fo^^ecorde^r^
keeping of the books and papers in the recorder's office in
said county, with a good and sufficient fire proof safe, in
which office said records shall be kept.

Sec. 2. That the recorder of Cook county shall make aj^^g^ ^^ ^^
complete index to the records in said county recorder's office, cord
which shall be an index of the grantors and grantees alpha-
betically arranged; which index shall contain a description of
the kind of instrument, the date thereof, the amount of the
consideration, the time of filing and recording the same, with
a succinct description of the premises contained in said con-
veyance, or in form like the one commenced by said recorder;
and for making said index he shall be entitled to the sum of(^;QjQ g^,
seven cents from the county of Cook for every entry so made; tion
which entry shall be considered as embracing both the gran-
tee and grantor of an instrument entered as aforesaid in said
index. That the said recorder shall complete the said index
within one year from the passage of this act, and when so com- To be com-
pleted shall be for the use of the public and to remain in said p^eted in one
office, and the county commissioners are hereby authorized to ^^^''
pay the said recorder the sum of money above mentioned.

Sec. 3. That the said recorder and his successor or sue- Recorder to
cessors, are hereby required and it shall be their duty to con- continue said
tinue said record in the manner prescribed by thisact, with-^" ^^
out any additional compensation.
14

;^10 RECORDS.

Stationery Sec. 4. That the county commissioners of said countyshall

furnish the stationery for said index.
Books to be Sec. 5. It shall be the duty of said recorder to cause the
repaired books of record for said county to be repaired, and it shall be

his further duty to superintend such repairs. This act to

take effect from and after its passage.
Approved, February 23d, 1843.

In force, AN ACT to authorize the county commissioners' couris to erect fire proof
Feb. 24, 1843. offices fur the preservation of county records.

Sec. 1. Be it enacted by the People of the State of Illinois,
Fire-proof represented in the General Assembly, That the county commis-
buildings to sioners' courts of the several counties in this State are hereby
e erecte authorized and required, whenever the finances of any county
in this State shall justify such expenditure, to cause to be
erected a fire proof recorder's office, on some suitable lot at
their respective county seats, and pay for the same in the
same manner as court houses and jails are paid for; Provided,
that if the county commissionersicourt of any county as afore-
said shall be of opinion that any one of the rooms unappro-
priated in their court houses respectively can be made fire
proof, they shall be required and authorized as aforesaid to
cause such improvements or addition to be made to any such
room as will render the same fire proof; in which said fire
proof buildings or room the records and office of county re-
corder shall be kept.
How this act ^EG. 2. The provisions of the foregoing section of this act
may apply may, at the discretion of the county commissioners' court of
any county in this State, be deemed to apply to the offices of
clerks of the county commissioners' and circuit courts respec-
tively.

Approved, February 24th, 1S43.

In force, AN ACT to establish a mode to register births and deaths.

April 1, 1843.

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

Mar.'l843. represented in the General Assembly ^ That it shall be the duty

of the clerk of the county commissioners' court, in each county

of this State, to provide himself with a well bound book,

wherein he shall record the births and deaths of all persons

coming to his knowledge in the manner hereinafter provided,

j^ , , _ Sec. '2, The father of a child or children, or mother of

istering births any child or children, in case the father be dead, out of the

&c. State or otherwise prevented, or incase of an illegitimate

child or children, may appear before the clerk of the county

commissioners' court of his or her respective county, and make

an affidavit in writing before such clerk, setting forth the

RECORDS. 211

birth or births of his or her child or children, stating therein
the day and year when, and the justice's precinct wherein
such birth or births happened, and the christian and surname
of said child or children. In case such father or mother fail
or neglect to make an affidavit as aforesaid within sixty days
after such birth or births, any householder may make the
same concerning every birth happening in his house.

Sec. 3. The eldest person next of kin may make ^n affi- j^j^l^g^ person
davit before the clerk aforesaid, of his or [her] respective next to heir
county, of the death of his or her kindred, and in case the™ny ^^^^
next of kin neglects to make such an affidavit for the space of '^ ^'" *
twenty days, the administrator or executor of such deceased
person may make such affidavit as aforesaid; and any house-
holder may make the like affidavit before said clerk concern-
ing any death happening in his house. Affidavits made under
the provisions of tnis section shall state the name and the age
of the person deceased according, to the best of his or knowl-
edge and belief, and shall also state the justice's precinct where
such death happened. If any person shall come to his death,
and a coroner's inquest be held over his or her body, or if any
person die while confined in any penitentiary, jail, work-
house, poor house, or hospital v^ithin this State, the respec-
tive wardens, jailors, or keepers of such workhouses, poor
houses or hospitals, shall make out a certificate containing
substantially the same statements concerning the name, age.
death, and place of death, required in the affidavit last afore-
said, and within ten days after such death happened, file the
same with the county commissioners' clerk of the proper
county.

Sec. 4. The said county commissioners' clerk shall care- Duty of co.
fully file and number such affidavits and certificates in the ^^^^^
order they are presented, and shall be parts of the records of
his office, and said clerk shall make an abstract of the mate-
rial facts set forth in said affidavit or certificate and enter the
same in the said record of births and deaths; which abstract
shall be in substance as tbllovs^s:

Entry concerning the birth of a person. Entry of bi>ih

On the day of A. D. , A. B. (being the fa-
ther or mother, or a householder as the case may be) made

proof of the birth of C. D., which took place on the

day of , A. D. , in precinct, county of ;

see affidavit on file, No.

Entry of death.

On the day of , A.D. , A. B. of county jj^trj of

(being the eldest person next of kin, or a householder in death
whose house the death happened, executor or administrator
of deceased, coroner or keeper of a jail, poor house, work-
house or hospital, as the case may be) made proof of the death

of C. D. aged years, which took place the day of

A. D. in precinct county; see affidavit

(or certificate) on file, No. .

212 RECORDS.

Clerk to make Sec. 5. The clerk shall keep a correct alphabetical index
index ^Q gg^j^ record showing the christian names and surnames of

the persons concerning whom entries have been made; said
index distinguishing between cases of births and deaths, and
shall, upon request of any person, make out a certificate of
said entry under his hand and the seal of the county commis-
sioners court, and such certificate shall be received as prima
facia evidence of the facts stated therein in all courts of law
and equity in this State.
CI A ' fee ^^^* ^' ^^^ every affidavit taken under this act the said

** ^ clerk shall be entitled to a fee of twelve and a half cents, for
making the entry and filing certificate, to a fee of twelve and
a half cents, and for making out a certificate under seal as
aioresaid, to a fee of fifty cents; Provided, he shall not be^en-
titled to any fee in case where one of the above enumerated
officers files a certificate of the death of any person under his
charge.

Sec. 7. Every person having sworn or made affirmation to
Person ma- ^ ^j^^ affidavits above mentioned who shall swear or

king raJse at- ^ .i/^ n i i y- i i • ^ • i

ndavit guilty affirm. Wilfully, corruptly and lalsely in a material point

of perjury therein set forth, or shall suborn any other person to swear or
affirm as aforesaid, shall be deemed guilty of perjury or sub-
ornation of perjury, and shall be, upon conviction thereof,
punished accordingly.

Sec. 8. This law to be in force from and after the first day
of March next.

Approved, March 3d, 1843.

In force, AN ACT to amend an act entitJed "an act to provide for transcribing cer-
Mar. 4, 1843. tain records therein named," approved February 12ib, 1835.

Sec. 1. Be it enacted by the People of the State of Illinois^
Manner of represented in the General Assembly^ That in transcribing deeds,
transcribing in conformity with the provisions of an act entitled "an act to
records provide for transcribing certain records therein named," ap-

proved February the twelfth, one thousand eight hundred and
thirty-five, it shall not be necessary for the person or commis-
sioner, appointed by the county commissioners' courts to make
such transcripts, to include in such transcript any piece or
parcel of lands situated in any other county than the one for
which such transcript is being made, but it shall be sufficient
to copy all other parts of said deed except the description of
such pieces or parcels of land as may be situated in any other
county than the one for which the copy is being made, and
transcript so made, whether before or after the passage of
this act, shall be to all intents and purposes as valid and ef-'
fectual in law as if the entire deed had oeen copied.
Approved, March 4th, 1^43.

RECORDS. RELIEF. "1*^

AN ACT to amend "an act providing a voluntary mode of registering In force,

births and deaths," approved March 3d, 1843. War. b, 1M6.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That the "act Providing Act 3d ^Mar.^
a voluntary mode of registering births and deaths," approved ^^ j^^ ^p^i,^
third of March, one thousand eight hundred and forty-three, i843
shall be in force from and after the fir>tday of April next; any
thing in the said act to the contrary notwithstanding.

Approved, March 6th, 1843.

AN ACT for the relief of Jonathan D. Manlove. In force,

Jan. 19, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois, Manlove to
represented in the General Assembly, That Jonathan D. ^^^-coUecTt^ax
love, late collector in and for the county of Schuyler, andfori84l
State of Illinois, is hereby authorized and empowered to col-
lect all taxes and assessments remaining due and unpaid on
lands and town lots, for the year one thousand eight hundred
and forty-one, in said county of Schuyler.

Sec. 2, The said collector, in order to collect said taxes Collector may
and assessments, may sell at the next regular time of selling sellland
lands for taxes, in and for said county of Schuyler, all lands
and town lots on v^hich taxes remain due and unpaid, for the ^
year one thousand eight hundred and forty-one; Provided,^^^^^'^'^
said sale shall be had, public notice of the time and place of
sale, judgments obtained, and in all respects as now required
by the laws of this State. This act to be in force from and
after its passage.

Approved, January 19th, 1843.

AN ACT for the relief of the persons therein named. In force,

Jan. 28, 1843.

Whereas, it has been represented that the certificate issued to

George W. Merrill, by the treasurer of the Illinois and Preamble
Michigan Canal, in June, one thousand eight hundred and
and thirty-six, for the purchase of lot number two, (2) in
block number thirty-eight, (38) in the original town of Chi-
cago, has been lost or mislaid; and it appearing by the affi-
davit of the said George W. Merrill, that sooa after he pur-
chased said lot of the canal commissioners, he conveyed a
part of said lot to Peter L. Updike and Charles M'Clure, by
a written contract or deed, and subsequently conveyed all
his remaining interest in said lot, by an assignment of said
treasurer's certificate; and it also appearing from affidavits
and assignments, that Peter L. Updike and Edward B. Tal-
cott are now the proper owners of said lot, and the treasu-
rer of the canal board having refused to issue a final certi-

214

RELIEF.

ficate for said lot, in consequence ol' the loss of said certifi-
cate of purchase; therefore,

Sec. 1, Be it enacted by the People of the Slate of Illinois,
Acting coxxi'T represented in the General Assembly^ That the acting commis-
required to sioner of the Illinois and Michigan Canal, shall, upon the paj-
certificate to "^6"^ of the amount due on said lot, according to the act en-
Updike & titled "an act for the relief of purchasers of canal lots in Chi-
Talcott for acagoand Ottowa," in one thousand eight hundred and thirty-
icagOg-^^ issue a final certificate to Peter L. Updike for the east
half, and a final certificate to Edward B. Talcott for the west
half of said lot number two, in block number thirty-eight, in
the original town of Chicago; Provided^ that nothing in this act
shall be considered as a warranty against any legal assign-
Rights of oth- ment of said certificate, to other person or persons; And pro-
aflecS"by°°^ ^^^^^ /wr/Aer, that nothing in this act contained, shall effect
this act the legal or equitable right of any other person in the lot here-

in named.

Approved, Januarv 28th, 1843.

In force, AN ACT for the relief of William M. Bell.

Feb. 17, 1843.

Sec 1. Be it enacted by ike People of the State of Illinois,
Anoyance to represented in the General Aesembly, That William M. Bell,
prehending ^^ ^^^ ^^ '^ hereby allowed the sum of two hundred dollars,
fugitive from in full for the apprehension of John Dormer, a fugitive from
justice justice, who was sentenced to the penitentiary for life, in the

circuit court of Jo Daviess county, on a charge of rape, in the
year 1839, and who escaped from the jail of said county of Jo
Daviess, and was afterwards taken by said Bell and conduct-
ed to the proper authorities, for which he never has received
any compensation ; and that the Auditor of Public Accounts is
hereby authorised to issue his warrant for the same.
Approved, February 17th, 1843.

In force, AN ACT for the relief of the Shilo Meeting House tract.

Feb. 17, 1843.

Sec. 1. Beitcnactedbythe People of the State of Illinois, repre-
Eleven acres rented in the General Assembly, That the assessor of the county
of land ex- of St. Clair shall hereafter assess no tax on a certain tract of
mxHion"' ^'^"*^ located in said county, containing eleven acres of ground
and used by the menibers of the Methodist Episcopal church,
as a place for religious worship and a graveyard, and which
is located on the Great Western Mail Route, six miles north-
east from the town of Belleville.
Approved, February 17th, 1843.

RELIEF. 215

AN ACT for the relief of Harrison W. HiggB, and others. In force,

Dec. 20, 1842.

Whereas, Harrison W. Higgs was collector in and for the

county of Effingham, during the year one thousand eight

hundred and forty, and failed to obtain a decree of the cir-
' cuit court, as the law directs, for the sale of delinquent town

lots and lands on which taxes were at that time due and

unpaid; therefore.

Sec. 1. Be it enacted by the People of the State of Illinois ^
represented in the General Assembly^ That Harrison W. Higgs, Higgs autho-
lafce collector of the county of Effingham, shall have power "sed to ap-
and authority, by compliance with the provisions of the reve- ['Q^gg^[j''jg^^j''^®
nue laws in such cases made and provided, to make applica-for tax of
tion to the circuit court ot said county of Effingham, for ade-i840
cree of said court to sell all such lots and lands on which taxes
were due and unpaid for the year one thousand eight hundred
and forty; and the said court is hereby authorised and empow-
ered to make such orders and decrees as should have been Duty of court
made had such application been presented to the court with-
in the time heretofore provided by law.

Sec. 2. That the sale provided for in the first section of this Sale how-
act, shall take place and be conducted in the same manner as ^°°'^"'^^®^
is now provided by law, and that the said Harrison W. Higgs
be allowed until the tirst iMonday of August next to collect and
settle with the Auditor of Public Accounts.

Sec. 3. Be it further enacted^ that the same provisions and Late collect-
benefits that is allowed by this act, be and is hereby allowed^^ °^^^Y ^"^^
to James Chcak, late collector for the county of Clay, for the fit of this act
year one thousand eight hundred and forty-one.

Sec. 4. The collector of the county of Shelby is hereby Same relief ta
authorised to make application to the circuit court of said Julfu '°'* °^

j1 • I r n • ^ • ii* onei/)jf CO.

county, at the spring term thereof, lor judgment agamst delm- for 1841
quent lands and town lots in said county, for taxes for the year
one thousand eight hundred and forty-one, and the said collec-
tor is hereby required to perform such duties as are now re-
quired by law, under the provisions of this act, and to make
settlement with the Auditor of Public Accounts, as is provided
by the second section of this act.
Approved, February 20th, 1843.

AN ACT for the relief and benefit of Richland countj'. In force,

Feb. 21, 1843.

Whereas, by the fifteenth division of the eighteenth section of

the internal improvement act, approved February twenty- ^^^™^®

seventh, one thousand eight hundred and thirty-seven, the

sum of two hundred thousand dollars was appropriated to

be distributed to the several counties in this State, through

which no railroad or canal was authorised by that act to be

constructed; and whereas, the original county of Lawrence

216

RELIEF.

Lawrence co
to pay to
Richland co.
part of appro
priatioa

Amourt to
be paid over
how ascer-
tained

How paid

Com'ra of
Richland and
Lawrence to
meet and ad-
just amount

was entitled to and received a distributive share of said ap-
propriation; and whereas, the county of Richland has been
created in part from the county of Lawrence since the re-
ceipt of said appropriation by the said county of Lawrence;
and whereas, a portion of the inhabitants of the county of
Richland, have not received their due proportion of said ap-
propriation, or the benefits arising therefrom; therefore,
Sec. L Be it enacted by the People of the State of Illinois^
• represented in the General Assembly, That the county of
Richland shall be and is hereby authorised to demand and re-
. ceive from the county of Lawrence her proportion of said ap-
propriation, according to the following terms and conditions:
first, the census for the State of Illinois, for one thousand eight
hundred and forty, shall be taken as the ratio of population in
said counties; second, that part of the county of Richland which
was taken off the county of Lawrence, shall be entitled to re-
ceive of the fund which the county of Lawrence received of
said appropriation, a proportionate share, according to the re-
lative number of inhabitants in said part of Richland county,
compared with the inhabitants of the present county of Law-
rence, as exhibited in the State census, for one thousand eight
hundred and fort); third, Provided, that whatever aum or sums
of said fund, so received by the said county of Lawrence, pre-
vious to the formation of Richland, shall have been expended
for the public benefit in the said part of the original county of
Lawrence which now forms a portion of Richland, shall be
deducted from the amount to which the said portion of Rich-
land shall be entitled; fourth, jind provided further, that the
county commissioners of the county of Lawrence may pay
and discharge whatever sum the county of Richland shall be
entitled to in the premises, when duly ascertained by the trans-
fer of any internal improvement notes, bonds, or other obliga-
tions for money, on good and solvent men now living in either
of said counties, or in any other manner which the commis-
sioners of said counties, or their authorised agents, may agree
upon; Provided, that notes, bonds, and other securities for mo-
ney on solvent men in Richland county, shall be first taken;
And provided further^ that the county of Richland shall bear
her share of the losses which the county of Lawrence may
sustain by the baning of said internal improvement fund, in
proportion to the amount she may draw of said fund.

Sec. 2. Be it further enacted, that the county commission-
ers of Richland county, or their authorised agent, shall meet
with the county commissioners of Lawrence county, at their
next June term, or at any other time that may be agreed upon
by the parties, and proceed to examine the books and papers
of the said county ot Lawrence, in regard to the said fund re-
ceived by virtue of the internal improvement act aforesaid, to
ascertain the amount so received, and what amount of it has
been expended on public works, or for the public benefit in
that part of Richland taken from Lawrence; and also to ascer-

RELIEF.

217

tain in the best manner that may be agreed upon, the relative
proportion of inhabitants in the Richland part of Lawrence,
in one thousand eight hundred and forty, with a view to as-
certain what sum of money may remain to be due to the
county commissioners of Richland coanty.

Sec. 3. Be it further enacted, that if the comrrissioners of when suit to
Lawrence county shall fail or refuse to comply with the re- be Instituted
quisitions of this act, then and in that case the commissioners
of the county of Richland shall be entitled to commence suit
in the circuit court against the county of Lawrence for
the sum due, or for a settlement, if the amount shall not
be ascertained before the commencement of the suit; also,
that a penalty often per cent, damages shall be rendered upon Penalty
whatever judgment may be given in said suit against the said
county of Lawrence; Provided, that nothing herein contained Proviso
shall he so construed as to prevent the commissioners of the
counties aforesaid from settling and adjusting the said claims
of Richland county, without reference to the census of one
thousand eight hundred and forty, and in any manner consis-
tent with law, that will be satisfactory to both parties.

Approved, February 21st, 1843.

AN ACT for the relief of the collector of McLean county. In force,

Feb. 21. 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That William H. Hodge, Unpaid taxes
collector in and for the county of McLean, and State of IHi-ed
nois, is hereby authorised and empowered to collect all taxes
which were lawfully assessed, remaining due and unpaid on
any lands, for the year one thousand eight hundred and forty-
one, in said county.

Sec 2. The said collector, in order to collect said taxes May sell
and assessments, may sell at the next regular time of selling ^^'^^^
lands for taxes in and for said county of McLean, all lands on
which taxes remain due and unpaid for the year one thousand
eight hundred and forty-one: Provided, said sale shall in all re- ^^j^^^j^ °j^j
spects be conducted as now required by the laws of this State.
This act to be in force from and after its passage.

Approved, February 21st, 1843.

AN ACT to refund to Daniel B. Bush certain moneys wrongfully paid into In force,

the treasury. Feb. 23, 1843.

Sec 1, Beit enacted by the People of the Slate of JllinoiSi

represented in the General Assembly, That the Auditor of Pub- Auditor to
,.' . , 1 • 1 I -11 1 . L draw warrant

he Accounts be and is hereby required to draw his warrant on ^^ f^^pj. ^f j)

the Treasurer in favor of Daniel B. Bush for the sum of sev- B. Bush

enteen dollars and fifty cents, being the amount which said

318 RELIEF.

Bush paid into the treasury as taxes, on a certain tract of
land, when in fact there was no such tract of land.
Approved, February 23d, 1843.

In force, AN ACT to legalize themilitarj acts of Reese Bayless.

Feb. 24, 1843.

p , , Whereas, Reese Bayless was elected colonel of the sixty-third
regiment of the militia of the State of Illinois, on the ninth
day of July, one thousand eight hundred and thirty-six, re-
ceived a certificate of election, and was sworn into office:
and whereas, on the reception of his commission he dis-
covered a mistake being made in it, by being dated one
thousand eight hundred and thirty, instead of one thousand
eight hundred and thirty-six; and whereas, the said Reese
Bayless, after several attempts to get said date rectified,
failed to do so, and consequently thought it improper to have
his certificate endorsed on the back of said commission;
therefore.

Sec 1. Be it enacted hy the People of the State of Illinois ^
ReeseBayleis' rejor£5enfe<^ in the General Assembly, That the acts of Reese
military acts j[3ayless, of a mihtary character, performed under the certifi-
ficate of election, and the oath that inducted him into office as
colonel of the sixty-third regiment of the militia of the State
of Illinois, be and the same are hereby legalized.
^ . . Sec. 2. The adjutant general is hereby authorised to cor-

to be correct- ''^c^ ^^^ ^^t® of the commission of Reese Bayless, colonel of
ed the sixty-third regiment of the militia of the State of Illinois,

from and after which time the said Reese Bayless shall be only
authorised to act as though he had been correctly commission-
ed and sworn into office originally upon the certificate of his
election. This act to be in force from and after its passage.
Approved, February 24th, 1843.

In force, AN ACT for the relief of McHenry county.

Feb. 24, 1843.

Preamble Whereas, the county of McHenry, at the time when the
county of Lake was created and set off from her, the said
county of McHenry was indebted to a certain sum; and
whereas, it is just that Lake county should pay her portion
of said indebtedness; and whereas, the amount of said debt
is unknown; therefore,

Sec. 1. Be it enacted hy the People of the State of Illinois^
Amount of represented in the General Assembly^ That Joel H. Johnson, of
indebtedness McHenry [couuty,] and Morris Robinson, of Lake county, 'are
of McHenry hereby appointed commissioners to ascertain and report the
ed amount of debt due and owing by said county of McHenry^

on the day Lake county was organized, and if said commis.

RELIEF.

219

sioners cannot agree, they shall select a third person from
without both the aforesaid counties, and their decision, or that
of any two of them, shall be binding, final, and conclusive.

Sec. 2. The county of Lake shall pay to the county of L^^j^g ^^ ^^
iVIcHenry one-half of the amount of the debt so found to have pay part of
been due and owing by the county of McHenry, on the said ^^debtedness
day when Lake county was organized.

Sec. 3. The said commissioners shall proceed immediately Com'rs to re-
to ascertain the said sum, nnd report the same to the county P°"j^f?g^°'"
commissioners' courts of both the aforesaid counties, and the
county commissioners' court of Lake county shall, at their
next session after said report, execute their bond, which is
hereby declared to be good and valid in law, to the county of
McHenry, for said sum, payable in four equal annual in-
stalments, bearing date from the day when the aforesaid ap-
pointed commissioners shall have made their report to the
county commissioners' courts, as above provided for.

Sec 4. Should either of the above appointed commission- If eomr's re-
ers refuse or neglect to act, it shall be the duty of the circuit ^"^^y^^^^^^
judge of the seventh judicial circuit (on the application of appointed
either of the above appointed commissioners,) to appoint some
suitable person to fill said vacancy, who shall proceed as above
provided for.

Sec. 5. The commissioners appointed under this act shall compenaa-
receive the sum of two dollars per day for every day actually tion to com'rs
employed, the same to be paid out of the treasury of the two
counties in equal sums.

Sec. 6. In case the county commissioners of Lake county
shall fail, neglect, or refuse, to make such obligation as is above Suits when to
provided for, the county commissioners of SicHenry county ^^ ^°^^^'"^®"
are hereby authorised to institute an action of debt in any
circuit court of this State, and recover of the said county com-
missioners of Lake county, the said sum so reported to be due
to the said county of McHenry.

Sec 7. This act to be in force from and after its passage, i

and it shall be the duty of the Secretary of State to furnish a
copy of the above act to each of the clerks of the county com-
missioners' courts of Lake and McHenry counties immediately
after its passage.

Approved, February 24th, 1843.

AN ACT for the reliel of Richard Dougherty, of Schuyler county. In force,

Feb. 24, 1843.
Sec 1. Be it enacted by the People of the State of Illinois^
represented in the General Assemble/, That the county commis- Com'rs of
sioners' court of Schuyler county be and they are hereby re-^^^^J^^ <^o-
quired to pay to Richard Dougherty the sum of one hundred Dougherty for
and seventy-four dollars and seventy-five cents, being the bal- copying
ance due him for copying from the recorder's office of Madi- ^^cords
son county deeds for lands in the military bounty tract for

220

RELIEF.

said county of Schuyler, and said court is hereby required to
cause their clerk to issue his order on the treasurer of said
county in favor of said Dougherty for said sum.
Approved, February 24th, 1843.

In force, AN ACT for the relief of persons who have made improvements on lands
Feb. 25, 1843. near the line of the Illinois and Michigan Canal.

Sec. 1. Be it enacted by the People of the State of Illinois^
Peraons who represented in the General Assembly^ That persons who have
have made made improvements on private property situated on or near
oTanaTt'o"'' ^^e line of the Illinois and Michigan Canal, for the purpose of
receive same aiding in the construction of said work, are hereby authorized
in certain to remove the same at any time within six months after no-
tice to that effect, in writing, is given by the owner of said
land; Provided^ that nothing in this act contained shall be so
construed as to authorize the use of private property, without
paying a reasonable compensation therefor.
Approved, February 25 th, 1843.

In force, AN ACT for the relief of Abram J. Vandegrift and others.

Feb. 25, 1843,

Sec. 1. Be it enacted by the People of the State of Illinois^
othe^^^"[' "^7e/>re5e7i^e(/ in the General Assembly^ That Abr."m J. Vande-
ed from pay- grift and Thomas H. Vandegrift are hereby released and dis-
ment of cer- charged from all liability and indebtedness upon a judgment
tainjudg- obtained in the Sangamon circuit court against them or either
01 them as security upon a recognizance lor the appearance ot
James Hume; Provided^ they shall, within six months after
the passage of this bill, pay to the county commissioners'
clerk of the county of Sangamon the sum of five hundred dol-
lars in any of the securities of the State; And provided^ they
shall also pay all costs in said suit.
Approved, February 25th, 1843.

In force, AN ACT for the relief of the collector of Pope county.

Mar. 1, 1843.

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

represented in the General Assembly^ That the collector of the

Collector of revenue for the county of Pope, ^r the year one thousand

Pope CO. for. eight hundred and forty-one, be and he is hereby authorized

the year 1841 ^^ collect the taxcs due and remaining unpaid on the delin-
to collect tax- ,, , \ , r \ or -..i

es due for quent lands and town lots lor the years one thousand eight

1840-41 hundred and forty, and one thousand eight hundred and forty-

one, and it shall be as legal to all intents and purposes as if
the same had been done within the time allowed by law.

RELIEF. 221

Sec. 2. There shall be allowed to the collector aforesaid, Collector al-
as a credit for the year of one thousand eight hundred and^"^^^'^ credits
forty, the delinquent list amounting to twenty dollars and
thirty-one cents, and also for the year one thousand eight hun-
dred and forty-one, nineteen dollars and fifty cents, which
amounts are due the State, and also, the county tax on the
same, which amounts are the delinquent lists of taxes for said
years, which said collectors were unable to collect.

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

Approved, March 1st, 1843.

AN ACT for the relief of the late collector of Du Page county. In force,

Mar. 1, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Asa Dudley, late Collection of
collector in and for the county of Du Page, and State of II- 1^^^"^"]^"^
linois, is hereby authorized and empowered to collect all taxes Page co.
and assessments remaining due and unpaid on lands and town
lots, for the year one thousand eight hundred and forty-one,
in said county of Du Page.

Sec. 2. The said collector, in order to collect said taxes Collector may
and assessments, may sell, at the next regular time of selling s^^^^^"^^'
lands for taxes in and for said county of Du Page, all lands
and town lots on which taxes remain due and unpaid, for the
year one thousand eight hundred and forty-one; Provided,
that notice of the time and place of sale shall be published,
judgments obtained, and said sales shall be conducted as now
required by the laws of this State.

Sec. 3. That said collector shall not be subject to the pen- Collector ex-
alties of the law inconsequence of having failed to comply ^n^pt/rom

with the provisions of an act entitled "an act to amend *an ^^]}^^^ P^°-

,, ... - , a.Jties

act concernmg the public revenue,' approved twenty-sixth

February, one thousand eight hundred and thirty- nine." This

act to be in force from and after its passage.

Approved, March 1st, 1843.

AN ACT for the relief of Matilda Powers. In force.

Mar. 2, 1843,
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all the right, title,
and interest which the State of Illinois has or might acquire Certain lands
by the law of escheats, in and to the following described lands, j^^^l^^jg ^l
of which Jacob Powers, late of Madison county, died seized, Matilda Pow-
to wit: the south half of the north-w^est quarter, of section s"
eight, containing eighty acres; also, the south part of the north-
east quarter, of section eight, containing fifty-seven and one
half acres; also, number five, the north-west quarter, of the

222 RELIEF.

south-east quarter, of section twelve, containing fortj acres;
also, number eight, the east half of the south-east quarter, of
the south-east quarter, of section twelve, containing twenty
acres; all in township number three north, of range number
nine, west of the third principal meridian, is hereby released
and secured to Matilda Powers, widow and only heir at law
of the said Jacob Powers, deceased, and the said Matilda
Powers may hold, use, and occupy all such lands as the said
Jacob Powers was possessed at the time of his death, as before
described, for her own sole use, benefit, and behoof, forever.
And should the said Matilda Powers at any time deem it to
be to her advantage to sell any or all of the lands as before de-
scribed, she may do so; and any deed duly executed and ac-
knowledged by her shall be good and valid in law to the
purchaser thereof.

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

Appkoved, March 2d, 1843.

In force, AN ACT for the relief of the school commiseioner of Pope county.

Mar. 3, 1843.

Whereas, John H. Smith, school commissioner of Pope coun-
Preamble ty, has sold of the school lands in township twelve south, of

range seven east, at a price less than the appraised value
thereof; and whereas, the price for which the same was so
sold is the highest price the same would now bring; ther«-
fore,

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

Certain sales ^^^^^^^^^^ ^^^ General Assembly^ That the sales made by John

made bj H. Smith, school commissioner of school lands, in township

school com'r twelve south, of range seven east, be and the same is hereby

leo-alised^ * made legal, and to all intents and purposes valid in law and

equity, and that patents shall issue to the purchasers of the

same as in other cases where the full valuation is given for

such land.

Approved, March 3d, 1843.

In force, AN ACT for the relief of certain securities therein named.

Dec. 5, 1843.

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

represented in the General Assembly, Thsii any person who now

Sureties per- is or who hereafter may become the security of any sheriff,

mitted to re- coroner, or clerk of the county commissioners' court, shall

eehes " ^^^ve the power of releasing himself from such securityship

by filing with the clerk of the circuit court, a notice that he is

unwilling longer to be security for said sheriff, coroner, or

clerk of county commissioners' court; and any person who now

RELIEF. ' 223

is or hereafter may become security for any justice of the
peace, probate justice of the peace, constable, school commis-
sioner, or collector of State and county revenue, clerk of the
circuit court, may in like manner become released by filing
with the clerk of the county commissioners' court a like
notice.

Sec. 2. When any notice shall be filed as aforesaid with .
the clerk of the circuit court, he shall immediately give notice gj^g^^ '° ®
thereof to the sheriff, coroner, or clerk of [thej county commis-
sioners' court, as the case may be, who shall thereupon file
other security, to be approved by the circuit court, if the same ©jher Becuri-
shall then be in session, or if a session thereof be commenced ty to be filed
within ten days after said notice shall have been given, but if
said court be not in session, nor a session thereof be commen-
ced within ten days, then the said sheriff or coroner, shall,
within ten days, file said bond with the clerk of said court,
which clerk shall in that case judge of the sufficiency of said
bond; subject, however, to the decision of the judge of the cir-
cuit court as in other cases.

Sec. 3. When any notice shall be filed with the clerk of the^jg^j^ ^^ -yg
county commissioners' court, as aforesaid, he shall in like man- notice to offi-
ner give notice to the justice, probate justice, constable, school ^er
commissioner, or collector of State and county revenue, as
the case may be, who shall, within ten days thereafter, file
another bond, to be approved by said clerk.

Sec. 4. If said sheriff, coroner, justice, probate justice, con- When office ia
stable, school commissioner, or collector of State and county ^^^^^^^
revenue, as the case may be, shall not, in the time and man-
ner aforesaid, file bond to be approved as aforesaid, the said
ofiice shall become vacant, and the said vacancy shall be fill-
ed as required by law.

Sec 5. If a new bond shall be given by any officer, as pro- when former
vided in the foregoing sections of tiiis act, then the former se- securities to
curities shall be entirely released and discharged from all lia-^^ released
bllities incurred by any such officer, in consequence of busi-
ness which may have come to hand from and after the time of
the approval of the said new bond, and the sureties to the new
bond are hereby declared to be liable for all the official de-
linquencies of said officers, whether of omission or commission,
which may occur after the approval of the new bond as
aforesaid.

Sec. 6. If any sheriff, coroner, justice of the peace, probate Officers em-
justice of the peace, constable, school commissioner, or col- bezzling mon-
lector of State and county revenue, shall embezzle, or appro- ^[Jg^j^®*'^*
priate to his own use, any money which may be paid them by
virtue of their offices, they shall be Hable to be indicted there-
for, and upon conviction thereof, the court shall pass judg-
ment that the office held by such officer shall befvacated; and
a new election shall be held to fill the vacancy thereby
created.

Sec. 7. It shall be the duty of such sheriff, coroner, justice

224 RELIEF.

Officer failing of the peace, probate justice of the peace, constable, school
to give new commissioner, or collector of State and county revenue, if he
bond to deliy- j^ || ^ -j ^ - ^ ^ ^^ provided for in this act, to deliver
er over papers , . ^ • r i • i n i i .

tohissecuri- over to his sureties torthwith all books, moneys, vouchers, pa-
ties pers, and every description of property whatever, pertaining
to his said office, and the said sureties may at any time, after
said failure to file said bond, maintain an action of replevin or
other appropriate action to recover such property, money, or
effects Irom their said principal.
Officer failing Sec 8, If any officer, designated in the foregoing sections
to comply of this act, shall fail to deliver any money, property, or effects,
subiect\^o^in*- ^^ aforesaid, to his securities, or shall act or attempt to act in
dictment his said office after failing to give a new bond as aforesaid, he
shall be deemed guilty of a high misdemeanor, and upon in-
dictment and conviction therefor shall be fined in any sum
not less than five hundred dollars nor more than five thousand
dollars.
Securities not Sec. 9. The provisions of this act shall not be so construed
released ^ ^ as to operate as a release of the securities of any of the afore-
tierincurred ^^^^ officers for liabilities incurred previous to the filing of a
before filing new bond as required in the iorego'mg sections of this act.

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

Given under my hand, this fifth day of December, 1842.

LYMAN TliUx\IBULL, Secretary of State.

new bond

In force ^^N ^^^ ^or ^^^« ^^^^^^ "^ Calvin Gold.

Mar. 3, 1843.

Whereas, Calvin Gold, on the ninth day of January,
Preamble one thousand eight hundred and thirty-two, purchased of

the cashier of the branch of the old State Bank of Illinois,
at Shawneetown, the south-east quarter of section thirty-
four, in township nine south, of range nine east, at and ibr
the sum of four hundred and twenty dollars, which land
was sold by the said cashier as the property of the State;
and whereas, at the July term, one thousand eight hundred
and thirty-eight, of the Gallatin circuit court, the said Gold
was evicted from said land in a certain action of ejectment,
brought on the demise of Timothy Guard, under a perma-
nent title; therefore.

Sec. 1. Be it e?iacted by the People of the State of Illinois^
represented in the General Assembly^ That the Auditor of Pub-
Auditor to lie Accounts be and he is hereby directed to draw his war-
draw a war- rant on the treasury, in favorof said. Gold, tor the sum of four
o^"cah'in'^^°'^ hundred and ninety-four dollars and fifty-four cents, which
Gold shall be in full lor the claim of said Gold against the State on

account of the premises; Provided^ that said Auditor shall

RELIEF. 225

compute interest on the above sum from the first day of Jan-
uary, one thousand eight hundred and thirty-nine, till issuing
said warrants at the rate of six per cent, per annum.
Approved, March 3d, 1843.

AN ACT for the relief of William Manning, the collector of Shelby in force,

county. Mar. 8, 1843.

Whereas, William Manning, the assessor of Shelby county, preamble
for the year one thousand eight hundred and forty-two, fail-
ed to assess all of the taxable property in said county for
that year; and whereas, David Harris is the collector of the
revenue of Shelby county for said year; therefore.
Sec. 1. Beit enacted by the People of the Stale of Illinois^ r-, ..
represented in the General Assembly, That David Harris be assess certoia
and he is hereby authorised and required to assess any pro- property in
perty, real or personal, in Shelby county, which was liable to^ "gj^*^"
taxation for the year one thousand eight hundred and
forty-two, in the same manner as ihe said property could and
should have been assessed by said Manning, and the owners of
property shall have the same rights under said assessment as
tiiough it had been assessed by said assessor.

Sec. 2. The county commissioners' court of Shelby county To give bond
shall require such additional bond to be given by, and require
such oath to be administered to, said David Harris, as may be
necessary to require and insure a faithful discharge of the du-
ties provided for in this act, and said Harris shall proceed to
collect the taxes so assessed, and pay over the same, as in
other cases. This act to be in force from and after its pas-
sage.

Approved, March 3d, 1843.

AN ACT to authorise the sheriff of Shelby county to sell non-resident lands In force,

for taxes due for one thousand eight hundred and forty-one. Mar. 3, 1643.

Whereas, by the neglect on the part of the collector of Shel- Preambls
by county, and a mistake in advertising non-resident lands
for the year one thousand eight hundred and forty-one, no
revenue has been collected in said county on non-resident
lands; therefore,

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the sheriff of the J^nd'mly be^
county of Shelby be and he is hereby authorised to sell the sold where th«
non-resident lands lying in the county of Shelby, for which tf^^es are un-
taxes are due for the year one thousand eight hundred and P^^ °^ '^*
forty-one, any law to the contrary notwithstanding; and said
sale shall be as valid and good as though they had been sold
under the revenue laws of this State.
Approved, March 3d, 1843.
15

226 BELIEF.

In force, AN ACT making compensation to Elijah Willardl. formerly a commission-
Mar. 4, 1843. er of the board of public works.

Sec. 1. Be it enacted by the People of the State of Illinois^
Compensa- represented in the General Assembly, That the Auditor of Pab-
tion to E.ijah lie Accounts be and he is hereby required to draw his warrant
willard qq ^^vq State Treasurer in favor of Elijah Willard, for three
hundred and eighty-five dollars and sixty-one cents, in full
compensation for money paid by him, in satisfaction of a judg-
ment obtained against him, for damages done a mill and mill-
dam, and all costs, damages, expenses, and charges in said
case, whilst said Willard was acting as a public officer of the
State.
Approved, March 4th, 1843.

Id force, AN ACT for the relief of John G. McHattan, late sheriff for Schuyler coun-
Mar. 4, 1843. ty, also late gheriff and collector for Schuyler and Brown counties.

Sec. 1. Be it enacted by the People of the State of Blinois^
McHsixtan 3.1- ^^prese7ited in the General Assembly, That .John G. McHattan
lowed to col- be allowed, and he is hereby authorised to collect all taxes due
lect certain ^^^ remaining unpaid in the counties of Schuyler and Brown,
to him as sheriff and collector for the years one thousand eight
hundred and thirty-seven, and one thousand eight hundred and
thirty eight, and in the county of Schuyler for the year one
thousand eight hundred and thirty-nine, agreeably to and ac-
cording to the different laws then in force in each of said years,
and they are hereby revived and made in full force for this
express purpose, and no other.
May adver- Sec. 2. That said sheriff and collector, in order to collect
tise and sell said taxes, may advertise lands and town lots for sale, on the
^^^^ second Monday succeeding the fall terms of the courts of said

counties of Schuyler and Brown, and the lands and town lots
lying and being in Brown county shall he sold at the county seat
thereof; Provided, iudgment be had for the year one thousand
eight hundred and thirty-nine; sale to be advertised six weeks
previous to said term of court, time and place of sale made
known as required by law, at the above respective dates; this
law to be in force from and after its passage, any law to the
contrary notwithstanding; Provided, that said sheriff and col-
lector be required to execute to the county commissioners'
court, a bond with approved security, for the faithful perform-
ance of the duties required by this act, before proceeding to
^* collect said taxes.

Approved, March 4th, 1843.

RELIEF. REVENUE. 327

AN ACT for the relief of William Warnick, late a collector of taxes in In force,

Macon county. Mar. 4, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That William VVarnick, Q^jigcfQ^ of
late a collector of taxes in and for the county of Macon, for Macon co.
the year one thousand eight hundred and forty, be and he is ior I840maj
hereby authorized to proceed to collect the revenue which J^^^^oJ^JJ^^*
remains due and unpaid for the year one thousand eight hun-year
died and forty, in the county of Macon, and that he is hereby
vested with the same powers in making said collections as he
might have used and exercised while in office as aforesaid,
and the said collector shall have the same right to proceed to
sell lands, on which the taxesof that year have not been paid,
as he had in the year one thousand eight hundred aod forty,
and said lands shall be advertised and sold in the same man-
ner as they would have been had the same been sold in the
time prescribed by law.

Sec. 2. All lands sold under the provisions of this act shall
be subject to redemption in the same time and manner as V ,.
other lands sold under the provisions of the general revenue subject to re-
laws; but by redeeming lands sold under the provisions of this act^emption
the owner or owners shall not hold them as redeemed from
other sales but shall be required to redeem from Other sales ac-
cording to law, or the rights of purchasers under such sales shall
remain valid and unimpaired.

Approved, March 4th, 1843.

AN ACT to provide for the colleation of the reyenue due Irom delinquents Jq force
in the county of Gallatin, for the year one thousand eight hundred and Jan. 28. 1843.
forty-one. ' *

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

represented in the General Assembly, That it shall be the duty ^ g

of Benjamin Bruce, collector of the revenue for the couaty deliver delin-

of Gallaiin, for the year one thousand eight hundred and for-quem list to

ty-one, to deliver to the clerk of the county commissioners' fi'^^ °' Galla-

^ r ■ 1 . .t II- 1- r -^ /> • . tin county

court 01 said county, the delinquent list or tax payers of said

county, for said year, and upon such delivery it shall be
ihe duty of the said clerk to credit the said Benjamin
Bruce with the amount of said list, and to execute to him a ^ ,, . r
receipt therefor; Provided, it shall be the further duty of the same
said clerk to deliver said list to the present collector of said
county, who shall proceed to collect the same, if it be prac-
ticable, as 'Pi now provided hj law.
Approved, January 28th, 1843.

^8 REVENUE.

In f.>rcc, AN ACT in relation to the revenue of one thousand eight hundred and
Feb. 20, 1843. forty-two.

Sec. 1. Be it enacted by the People of the State of Illinois^
Tax list of represented in the General Assembly^ That the clerks of the
1842 to '|«t^e-^Q^j^j_^ commissioners' courts of the several counties in this
ci>lloctor Stale who may not have dehvered to the collectors of their
respective counties the lists of taxable property for the year
one thousand eight hundred and forty-two, be required to de-
^ liver the same forthwith to such collectors and take duplicate
Fees oi col- receipts therefor as already provided by law, and the collec-
Jector tors o( the several counties shall, on or before the twentieth

day of March next, charge fifteen cents upon every hundred
dollars worth of property embraced in the lists of taxable pro-
perty for the year one thousaind eight hundred and forty-
two, for State purposes, and shall thereupon proceed to col-
lect the amount thus charged from the owners of such property
or the person in whose name the same may have been listed
Tax collected or assessed for taxation, in goldand silver coin and Auditor's
ingohlorsil- warrants^ except those warrants issued under a settlement

▼er or Audit- y^[i]^ i\^q JBank of Illinois, at Shawneetown, by virtue of the
tor's warrants . , „ .-.i i .. ^ ^ -j r ^u

provisions of an act entitled "an act to provide tor the pay-
ment of certain debts due from the State to the Bank," ap-
proved February twenty-sixth, one thousand eight hundred
hal"f"ssess- ^^^ forty-one, and the payment of the amount charged as
ment to be a aforesaid by the owners of taxable property shall be in lieu
discharge &c. ^f ^Yiq ^^x assessed for the year one thousand eight hundred
and forty-two, upon such property for State purposes and in
full discharge of the same; and the said collectors, in the set-
tlement with the Treasurer of the State, shall account for the
amount thus charged and no more.
Tax to be re- ^Ec. 2. All collectors who may have collected the taxes of
funded toper- one thousand eight hundred and forty-two, at the rate of thirty
8<'^^'!^^*^*^'® cents on each hundred dollars worth of property in gold or
amount &c. Silver coin, shall, on the application of the person or persons
from whom the same was collected, refund the amount so col-
lected over and above the amount required to be collected by
the previous section and take receipts for the same.
By what time ^^c. 3. The collectors of the revenue of the several coun-
to be paid ties shall pay into the State Treasury, on or before the first
jji'o S^^'^ Monday of September next, in the year one thousand eight
reasury hundred and forty-three, all the taxes of the year one thou-
sand eight hundred and forty-two, collected by them for the
use of the State, deducting their commission for collection,
and the said collectors are hereby released from all penalties
which may have heretofore accrued against them in conse-
quence of neglect in collecting the revenue of one thousand
Proviso eight hundred and forty-two; Provided, they comply with the

provisions of this act, aud they are hereby authorized to ad-
vertise and sell delinquent lands and do all other acts at any
convenient time to enable them to make the aforesaid collec-

REVENUE. 229

tions and settlements with the Treasury as provided for in this
act.

Sec. 4. If any of the collectors of revenue, in the different sheriff t» &cx
counties of this State, shall fail to give Ijond and security as as coIIectoB,
now required by law, or shall refuse to accept the office or i" certain

. • CRS6S

resign, and no person shall be immediately appointed who
shall accept the office, then the sheriff of the county, upon be-
ing notified of the same by the clerk of the county commis-
sioners' court, shall be ex-officio collector and shall do and
perform all the duties of said office, and receive the emolu-
ments of the same.

Sec. 5. The county commissioners of the respective coun- Counties maj
ties shall have power to collect any ^rom/a amount of the tax °^^'®*^^ ^^^'^**'
assessed for the year one thousand eight hundred and forty- ^°* P"^?*^'®^
two, for county purposes, in gold and silver coin and county
orders only, and remit any amount of the taxes assessed for
said year; Provided, that any amount remitted shall be pro
Tata, among the tax payers, that according to the amount of
tax to be paid by each tax payer; And proxided, further, that
this section shall not be construed as compulsory upon the
said courts to remit any portion of the taxes for the year one
thousand eight hundred and forty-two, but only as vesting
them with discretion for that purpose.

Sec. 6. All warrants now outstanding which may have Warrants up-
been drawn on the State Bank, shall be considered as drawn °'^.^'*"^» ^o*"
upon the Treasury, and shall be payable by the Treasurer as''^^
other warrants.

Sec. 7. The provisions of an act entitled "an act regulating Valuation
the sale of property on judgments and executions," approved law not toap-
January sixth, one thousand eight hundred and forty-three, ^^-^p^j.^y^P^^
shall have no application lo the sale of property for taxes, and tax
shall have no force or effect upon the valuation of the same.

Sec 8. This act shall be immediately published in the Publication
newspaper published by the public printer. This act to be*''^^^*^^*^'
in force from and after its passage.

Sec. 9. That sections four, five and six of an act entitled Parts of for-
"an act to provide for the payment of interest on the public "^^'"^^.^ ""^^
debt," approved February twenty-seventh, one thousand eight ^^^ ^
hundred and forty-one, and all acts coming within the pur-
•vriew of this act, are hereby repealed.

Approved, February 20th, 1843.

AsN ACT to enable the collector »f Monroe countj to collect the delin- In force,

quent taxes of 1839. Feb. 21, iQ4X

Sec. 1. Be it enacted by the People of the State of Illinois Collector of
represented in the General Assembly, That it shall be lawful for Monroe co.fo
the collector of Monroe county, audit is hereby made his duly |°nq°enJ^^ljgj
to procure the delinquent tax list of said county for the year for 1839

230 ' REVENUE.

1839, and advertise the same as now required by lavi^; and it
shall be his further duty to present said delinquent list at the
spring term of the Monroe circuit court, and obtain a judg-
ment against all such tracts of land as the taxes remain due
and unpaid upon for said year; and he shall proceed to carry
this act into effect by complying with and performing all the
duties of the act entitled ''an act concerning the public reve-
nue," approved February 26th, 1839, and the acts amendato-
ry thereto. And the sheriff and clerks of said county are
hereby required to perform such duties in the premises as are
now required by law in the sale of delinquent lands for taxes.

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

Approved, February 21st, 1843.

In force, AN ACT to authorize Calvin Boyd and James Shepherd to collect cer-
Feb. 24, 1843. tain taxes.

Sec. 1. Be it enacted by the People of the State of Illinois,
Collector of represented in the General Assembly^ That Calvin Boyd, late
Clnrkco. to collector of Clark county, for the year one thousand eight
due^lor^l84l l^^J^d^^d and forty-one, be and he is hereby authorized to pro-
ceed to collect the revenue which remains due and unpaid in
the county of Clark for the ^ear one thousand eight hundred
and forty-one, and that he is hereby vested with the same
powers in making said collections as he might have used and
exercised while in office as aforesaid, and the said collector
shall have the same right to proceed to sell lands on which
the taxes of that year have not been paid, as he had in the
year one thousand eight hundred and forty-one, and said lands
shall be advertised and sold in the same manner as they would
have been had the same been sold in the time prescribed by
law.
Collector uf Sec. 2. James Shepherd, late collector of Sangamon coun-
Sangamon co. ty, shall have the same power and privilege in collecting the
<!uG°for'^l84(r ^^^^^ of one thousand ein;ht hundred and forty, and in selling
land for said taxes, as are given in the first section of this act,
and the proceedings in selling said lands shall be the same as
prescribed in the first section hereof. This act to take effect
from and after its passage.
Lands sold ^^^' 3. All landssold under the provisions of this actshall be
under thie act subject to redemption in the same time and manner as other
eubject to re- jjjj^jjg gojd under the provisions of the general revenue laws, but
eniption j^^^ redeeming lands sold under the provisions of this act the
owner or owners shall not hold them as redeemed from other
sales, but shall be required to redeem from other sales accord-
ing to law, or the rights of purchasers under such sales shall
remain valid and unimpaired.
Approved, February 24th, 1843.

REVENUE.

AN AGT concerning the revenue. In force,

Feb. 25, 1843.

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

representedin the General Assembly , That the Treasurer of the ^^P"*^^?^'^/!
/^^ 1 1 . . , 1 ,1 • 1 ^ i. i.u paper in tiie

State be and he is hereby authorized to pay out upon the [reasury may

warrants of the Auditor, all the paper now in the Treasury be paid out

issued by the State Bank of Illinois and the Bank of Illinois at«" Auditor's

■ . I •' II* r \ A.\ warrants

its highest current value, but in no case lor a less sum than

fifty cents on the dollar; Provided, that no payments shall be

so made on warrants owned or held by either bank, or by

school commissioners, or treasurers of the school, college, or

seminary funds.

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

Approved, February 25th, 1843.

AN ACT to amend an act entitled "an act concerning the public revenue," In force,
approved Feb. 26, 1839, and an act supplemental to said act, approved Mar. C, 1843.
March 1st, 1839.

Sec 1. Beit enacted by the People of the State of ^^^^'^ois, ^^^^^ ^^ ^^^^^_
representedin the General Assembly, That the rate of taxa- tion collected
tion for the year one thousand eight hundred and forty-three, in gold and
and forever thereafter until otherwise provided by law, shalP;,|)'"f"f

11111 itj. i_i 'Viirraiiio

be twenty cents for every hundred dollars worth oi taxable
property, to be collected from the owners of such property
in gold and silver coin and Auditor's w^arrants,and in no other
currency, for the purpose of defraying the expenses of the
State government; Provided^ however, that an act entitled "an
act to provide for the payment of interest on the public debt,'*
approved February twenty-seventh, one thousand [eight hun-
dred] and forty-one, be and the same is hereby suspended for
the years one thousand eight hundred and forty-two and one
thousand eight hundred and forty-three, and until the next
regular session of the General Assembly.

Sec 2. The county treasurer for each county shall be cx-^^'*^- IT^.'^^^^^^J'
officio assessor for his county, and shall take and subscribe ^gggQ^
the oath, and perform all the duties required by law of such
assessor, and be subject to the same liabilities and penalties,
and upon a refusal to qualify ;md act as aforesaid, his office
shall be considered vacant, and it «!hall be the duty of the
county commissioners'' court to appoint some suitable person
to fill such vacancy, who shall qualify and act as aforesaid,
until his successor shall be duly elected and qualified. The
said county treasurer shall keep his office at the county seat
of his county, and on failure to do so his office shall be vaca-
ted, and the county commissioners' court shall appoint his
successor to fill such vacancy. -■

Sec. 3. The clerk of the county commissioners' court shall
hereafter cause to be delivered annually to the said assessor,
on or before the first Monday of March, a transcript from the

233

REVENUE.

l-jst of taxa- book of the Auditor containing a list and description of all
liUred annu-*^^^^^® ^^"^^ ^J^^S within his county, with the names of the
ailj to asses- purchasers from the United States and from this State, and of
^^^ the present owners, when the same are known, and the said

list shall specify in a separate and distinct manner all delin-
quent lands and town lots lying within his county, which may
have been, previous to that time, sold to the State for taxes,
and which may be at the time remaining unredeemed from
such sale; Provided^ however, that after the first assessment,
the list annually delivered to the assessor shall not embrace
the unredeemed lands and town lots sold to the State, which
has been before specified and assessed, but such other lands
and town lots as may have been sold in the mean time and
which remain unredeemed.
Assessor shall Sl.c. 4. The assessor of each county shall, upon the receipt
proceed to as- of g^id abstract and list, proceed to make out lists of all taxa*
66b8 proper y ^^j^ property within his county, which lists shall be in tabu-
lar form, with separate columns for the names and owners of
property, the kind of property assessed, the assessed value of
each kind, and the whole value of each person's taxable pro-
perty, and such other columns as he may think necessary;
Provided, however, that the said assessor shall make out a sep-
arate list for all delinquent lands and town lots previously sold
to the State for taxf s, and of which the State shall be still
the owner, and assess the value of the same as in other cases.
Assessor may Sec. 5. Each assessor, as aforesaid, may require each per-
rc^uire per- son owning taxable property in his county, to give in under
?*"!? !° PH-H o^th, if the assessor shall deem it necessary, by himself or

in list Ol tlieir _ .. r-ni i i ^ i !•

property un- agent, hrst, a description of all his taxable lands by townships,
der oaih ranges, quarter sections, tracts, lots, or parts thereof, and the
number of acres in each tract, with the improvements there-
on; second, all town lots, with the improvements thereon;
third, all pleasure carriages, whether with two or four wheels;
fourth, all horses, mares, jacks, jennies, mules, slaves, neat
cattle, and all other description of personal property, inclu-
ding household furniture and money on hand; fifth, all capital
employed each year in merchandising, to be ascertained by
adopting, as a criterion, the value of the greatest amount of
goods on hand a<- any time in the year, including brokers,
p . bankers and money changers; Provided, that nothing in this

act, or in any other law of this State, shall be so construed as
to require any person or persons to list lands with the assessor
unless he or she has a clear and undisputed title to the same;
but in all such cases, the land so listed, shall be listed by the

TP.-.k— assessor in the name of the person or persons to whom it is

r UTther pro- , . , . i ^, t^ . , i /• ?

vido patented, or in the name it was entered; Pi-ovided, jurtlier^

that persons owning lands may list the same in sections, half

sections, or other legal sub-divisions, notwithstanding they

may have been purchased in smaller tracts.

Sec. 6. The assessor shall value each tract of land or lot

separately, and each species of personal property separately.

REVENUE.

233

Sec. 7. The assessor of each county shall cause a notice Assessor ^
to be posted up in three different places in each election pre- J) fj^e ^nd*'
cinct, and in three different places at the county seat, one of place he will
which shall be the door of the court house, if any, and shall attend in ^
cause the same to be inserted in any newspaper published in^^^ precinc
his county, if any be published therein, for the space of three
successive weeks; stating in each notice upon what successive
days, not less than two, he will attend in such precincts, at
the place of holding elections, or at some other equally public
and convenient place, for the purpose of taking an account of
the taxable inhabitants and property of such precinct; and
the said assessor shall attend in each precinct, at the time and
place designated in said notice, and also, at his office at the
county seat of his county, on each Saturday, during the months
of May and June, for the same purpose.

Sec. 8. If any person, or corporation, owning taxable pro- Person failing
perty insuch county, shall fail to attend in person or by l^is J^^Jj^^^^jJ^J''^'
agent, and give an amount of his taxable property at the time forfeit six per
and place appointed in his precinct, or at the county seat du-cent.
ring the time appointed for that purpose, the assessor, in such
case, shall ascertain, by the best means in his power, the tax-
able property belonging to such person or corporation, and
the value thereof, the assessor shall add six per cent, on the
amount of such tax to the same, to be collected for the use of
the assessor to compensate him for his extra trouble of assess-
ing said property; and if any person, when called on at his Persons refu-
residence by the assessor, shall refuse to furnish such list, or "°?' P^°P"^J
shall at any time furnish a fraudulent list of his property, the double its
assessor shall, in like manner, ascertain his property and the value
value thereof, and as a penalty for such refusal or fraud he
shall assess such property at double its value.

Sec. 9. If by any means any tract of land, or town lot, or Property o-
other property, shall be omitted in the list, or the assessment of afterwards
any particular year, or series of years, the same, when dis- assessed
covered, shall be assessed by the assessor for the time being,
and placed upon the assessment list with the arrearages of tax
which ought to have been assessed, and six per cent, interest
on the same; which interest shall be paid to the assessor him-
self in addition to his other fees.

Sec. 10. Each assessor shall, on or before the third Monday ^^fj-^gj^g ^Jj,]^
of July, deliver to the clerk of the county commissioners' ^l^m^act of
court of his county the abstract of lands furnished him by lands
said clerk, and also two distinct lists, one of which shall con-
tain a description of all delinquent lands and town lots sold to
the State for taxes, and still owned by the State, and the va-
lue of the same; the other shall contain a description of all
other taxable property within the county, except the delin-
quent lands and town lots aforesaid, with the names of the
owners rmd the value of the same. Audit shall be the duty of Duty of eo.
tlie said clerk to 61e away the said lists, and make out two cor- *^ ^'
rect copies of the same, and on or before the second Monday of

234

REVENUE.

Sheriff to be
ex-officio coL
lector

Duty of col-
lector

Co. orders to
be paid over
at each term

Taxes xo be
paid before
first January

Taxes to be
paid into
State treasu-
ry by first
Monday of
March

September, transmit a transcript of the first list, embracing un-
redeemed delinquent lands and town lots sold to the State, to
the Auditor of Public Accounts, and deliver a transcript of
the second list, embracing the residue of the taxable property
within such county, to the collector of said county, for the
purpose of collection.

Sec 11. The sheriff of each county shall be ex-officio col-
lector of taxes for his county, and shall take and subscribe the
oath, and perform all the duties required by law of such col-
lector, and he shall give a bond similar to that required to be
given by the collector, and shall be subject to the same liabi-
lities and penalties-, and upon refusal to qualify and act as col-
lector, his office as sheriff shall be considered vacant, to be fill-
ed as in other cases of vacancy.

Sec. 12. The collector of each county, upon receiving the
assessment list from the clerk of the county commissioners'
court of his county, and giving a receipt for the same, shall
proceed to collect the taxes charged upon said list, by causing
a notice to be posted up in three different places in each elec-
tion precinct, and in three different places at the county seat;
one of which shall be the door of the court house, if any, and
shall cause the same to be inserted in any newspaper publish-
ed in such county, if any be published therein, for the space
of three successive weeks; stating in each notice upon what
day, or successive days, the collector will, by himself or agent,
attend in such precincts at the place of holding elections, or at
some other equally public and convenient place, for the purpose
ofreceiving taxes,and thesaid coUectoror his agentshall attend
for the purpose aforesaid, on the day and at the place named in
such notice, and shall also attend, by himself or agent, at his office
at the county seat during the month of December for the same
purpose: Provided^ however^ that the said notice shall be con-
sidered a demand for the taxes sufficient to create the lien spe-
cified in the sixteenth section of the act to which this is an
amendment. The collectors of the several counties shall
hereafter pay over all county orders, collected by them for
the payment of taxes, to the county commissioners at each
term of said court.

Sec. 13. If any person shall fail to pay the taxes charged
against him, on or before the first day of January next, after
the publication of said notice, the said collector shall distrain
his personal property, and proceed to sell the same as already
prescribed by law; and if he be unable to find any personal
property of such person in his county to distrain, he shall then
proceed to sell the delinquent lands and town lots according
to the provisions of the act to which this is an amendment.

Sec. 14. The collectors of the several counties shall pay
annually into the State treasury, on or before the first Mon-
day of March, all the taxes of the preceding year collected by
them for the use of the State, and shall make a final settle-
ment at the time, and in the manner, already provided by
law.

REVENUE.

235

Sec. 15. The clerk of the county commissioners' court of ^°* ^^'^^ !°
each county shall, on or before the second Monday of Sep-^^ Auditor
tember, after the return by the assessor of his county of the
assessment list of delinquent lands and town lots sold to the
State for taxes, and remaining unredeemed, make out a cor-
rect copy of such list, and transmit the same to the Auditor of
Public Accounts, who shall file the same away in his office.

Sec. 16. The Auditor, in calculating the amount of tax, in- fXmp°i" n^of
terest, and costs, upon the delinquent lands and town lots delinquent
aforesaid, for the purpose of redemption or sale, shall take the lands
assessment aforesaid as a basis, and to the tax, interest, and
cost due on said lands or lots, add an annual tax according to
said assessment, and ten per cent, of an additional amount;
and all persons claiming the said lands and lots may redeem
the same at any time before their sale, by payment of the
amount of tax, interest, and costs, thus calculated up to the
time of such redemption.

Sec. 17. On the first day of May, 1847, or as soon thereaf- jands^owned
ter as may be, and at the same time every fourth year, the by the State
Auditor shall cause the delinquent lands and town lots which ^o be sold
may at the time remain unredeemed and owned by the State,
and which the State may have previously acquired for taxes,
to be advertised in the newspaper published by the Public
Printer at the seat of government, for four successive weeks,
describing the said lands and town lots in the most simple and
convenient manner, the amount of tax, interest, and costs due
thereon, and the time of sale; and at the time designated in
said advertisement, the Auditor shall cause the same to be of-
fered for sale at the State House, in the city of Springfield,
and shall continue the same from day to day for the space of
two weeks, and any person may purchase or redeem said lands
and town lots at any time thereafter, by paying the amount
due upon them, together with the cost of advertising; and the
Auditor, at the time of sale, shall be aided by the treasurer,
who shall keep a registry of the money received, and the same
shall be paid into the treasury, and duplicate i*eceipts taken
therefor, one of which shall be given to the purchaser, and the
other shall be filed in the office of the Auditor; and upon ap-
plication being made by any county, the Auditor shall draw
his warrant on the treasury in favor of the treasurer of said QQy„,jgg ^^
county, for the proportion due said county for taxes, outof the draw their
proceeds of the sale and redemption of such lands and town lots; portion out of
but if any lands or lots shall be sold by the Auditor for taxes, ^^^
and shall be bid in by the State, the Auditor shall not sell the
same again for taxes until four years shall have elapsed from
and after such previous sale.

Sec. 18. Upon the sale of any of the lands and town lots, as Auditor to
■.Kir ' • lAT 111 make deeas

contemplated m the foregoing section, the Auditor shall exe-
cute and deliver a deed to the purchaser, which shall be good
and valid in law, for conveying the title of the said lands or
town lots.

236 REVENUE. '

Auditor to Sec. 19. It shall be the duty of the Auditor of Public Ao

oAands to^^ counts, in the month of January annually, to make out and

clerka transmit to the clerk of the county commissioners' court of

each county, a full and correct report of all delinquent land:i

and town lots lying within such county, not before reported,

which have been redeemed from previous sale for taxes to the

State.

Co. court to Sec. 20. The county commissioners* courts of the several

assoes co. tax counties in this State, in assessing taxes for county purposes,

shall not exceed the amount of tax authorised to be assessed

for county purposes, as allowed by an act authorising county

To be paid iu commissioners' courts to assess a tax for road purposes; which

gpeoie or or- ^-^j shall be collected in gold and silver coin, in county orders

issued by the county, jury certificates, and in nothing else.

Fees allowed The fifteenth section of an act concerning public roads, ap-

under thisactppQ^gj February twentieth, eighteen hundred and forty-one,

be and the same is hereby repealed.

Sec. 21. The following fees and compensation shall be
hereafter allowed to the following officers and persons herein
named, for services rendered under the provisions of the act
to which this is an amendment; to each assessor, a sum not ex-
ceeding two dollars per day for every day necessarily em-
ployed in the performance of his duty in the different precincts,
to be verified to the county commissioners' court, one-half to
be paid out of the State treasury, and the other half out of the
county treasury; to each collector for collecting and paying
over taxes, three per cent, on the amount paid over, the same
to be paid by the State and county, in proportion to the amount
paid over to each; the collectors of the several counties shall
hereafter be allowed two dollars for every forty miles necessa-
ry to be travelled in going to and returning from the seat of
government for the purpose of paying over the State reve-
nue; which sum shall be paid out of the State treasury; to
each clerk of the county commissioners' court for making
transcript of lands listed for taxation, and of delinquent lands
and town lots sold to the State for taxes and unredeemed, and
for transmitting the list of lands sold for taxes, and the list of
lands unredeemed from sale to the State, to the Auditor of
Public Account?, one cent for each lot or tract included in
said lists, one half of the same to be paid by the State and
the other half by the county; for assisting the sheriff in sel-
ling lands for taxes, twenty-five cents for each lot, tract, or
parcel of land sold, for which a certificate is given, to be paid,
charged, and collected as other costs; for making transcript
for assessors, two cents for each lot or parcel of land included
in each transcript, to be paid out of the county treasury; to
sheriffs, for each tract of land or town lot sold for taxes, five
cents, to be collected as costs; for each sheriff's deed twenty-
five cents, to be paid to the sherifl[ by the person receiving
such deed; to each clerk of the circuit court, for receiving and
recording the collector's return, six cents for each tract or lot
contained in such report, to be taxed and collected as costsj

REVENUE. 237

and to each printer for publishing advertisements for the sale
of lands for taxes, four cents for each lot or parcel of land ad-
vertised, to be paid out of the State treasury, and to be after-
wards taxed and collected as costs. Each printer shall be re-
quired to transmit by mail, two numbers of each paper con-
taining such advertisement, to the Auditor of Public Accounts,
two to the Treasurer of State, and two to the clerk of the
county commissioners' court of the county in which the land
lies, to be by them filed and kept.

Sec 22. All the provisions of the act to which this is an j^ct repealed
amendment, in force and coming in conflict with the provi-
sions of this act, are hereby repealed.

Sec. 23. That all persons aggrieved by the assessment of Provision for
assessors in any county of this State, the assessments of which appeals in
have been legalized by the Legislature during this session, ggf^^'^^jj" """
and who vi^ere deprived of the opportunity of taking an ap-
peal from such assessments by reason of such assessments hav-
ing been illegally made, or not returned in proper lime, may
appeal to the next June term of the county commissioners'
court for the purpose of having the said assessments investi-
gated and regulated.

Sec. 24. The Secretary of State is hereby required, asg^^ rg
soon as this bill becomes a law, to forward a copy of the same topubliehtbia
to each clerk of the several county commissioners' courts in act
this State.

Sec. 25. It shall be the duty of the Secretary of State to
cause this act to be printed, and to transmit a copy to the
clerk of the county commissioners' court of each county of
this State.

Sec. 26. The county commissioners of each and every uncurrent
county in this State are hereby authorized to dispose of the funds dispo-
oncurrent funds that they may have on hand in the treasury *^^ ^^
of their counties, to the best advantage.

Sec 27. So much of sections four and eleven of this act, Treasurer <5t
as makes treasurers ex-ofiicio county assessors, and so much sheriff not to
of said sections as makes sheriffs ex-otficio collectors, shall not'^.^/;°^'^^^o"
be considered as in force until the first day of March, one'^ ^^^ ^ ^^'
thousand eight hundred and forty-fouF, unless their collectors
who may be appointed shall refuse to qualify or accept their
office as now provided by law.

Sec. 28. So much of the ninth section of the "act to amend Acts repealed
'an act concerning the public revenue,' approved February
twenty-sixth, eighteen hundred and thirty-nine," approved
February first, one thousand eight hundred and {orty^
as repeals any portion of the thirty-first section of the act
concerning public revenue, be and the same is hereby repeal-
ed, and the provi'sions of the thirty-first section of the before
recited act is hereby declared to be in full force and effect, p , _

Sec 29. That in case any person shall have paid the fulling paid taxes
amount of his State tax for the year eighteen hundred and in paprrmay
forty-two, in other funds than gold and silver, he shall be ^n- J^°^"j^^°jJ^^J''
titled to demand and receive from the collector to whom such in gpecie

238 REVENUE.

payment was made, the whole amount of his tax for such
year, upon the payment of one-half that amount in gold and
silver or Auditor's warrants, and if the collector shall neg-
lect or refuse to pay back such amount upon the tender of
the gold and silver or Auditor's warrants, the person or per-
sons aggrieved may sue lor and recover the amount of his
taxes so withheld, before any justice of the peace having ju-
risdiction thereof; Provided^ buch collector shall have such
money on hand at the time of such demand.

T-r f ic kSec. 30. That any and every collector in this State shall

Excess of 15 . i o ^ m/ ^ \ , , ,

per cent, to pay into the btate ireasury any such tax, over and above the

be paid into fifieen cents on the hundred dollars, as shall not be demanded
treasury ^^ j^j^^ l^^, j-j^g person entitled thereto, before the time pre-
scribed by law for the making of his returns to the Auditor of
the State.

JSec. 31. That the first section of the supplementary act
Act repealed concerning the public revenue, approved the iirst of March,
eighteen hundicd and thirty-nine be and the same is hereby
for^redemp-*^ repealed; and hereatter clerks of the county commissioners'
lionmonej courts shall be held liable for all redemption money which
may come to their hands as such, and shall pay the same over
on demand being made by a proper person, and in case of
Vacancy bow failure or refusal so to do when demanded as aforesaid, their
filled othce shall be considered as vacated, and thereupon the county

commissioners' court shall appoint some suitable person to fill
such vacancy, until the same shall b.e tilled as now provided
by law.
Lands in cit- ^^^* ^^' That from and after the passage of this act no city
ies not laid or town corporate shall levy or collect any tax for city or cor-
outin lots not pQj.j^jJQjj purposes, upon any real estate lying within the lim-
its of any city or corporation, except upon such lands as may
belaid out into town lots, and the plats thereof recorded.
Certain sec. "t^Ec. 33. The third section of an act entitled "an act to
of an act de- provide lor the payment of interest on the pubhc debt," be

clared to be ^j^j ^^^^ same is hereby declared lo be in full torce and etiect,
in force . ■ , • , • ■ i • •

any thing in tins act, or in tue act to which this act is an

amendment, to the contrary notwithstanding. This act to

take etiect Irom and alier us passage.

AppiiovED, March (ith, ifc>43.

In force, ^^ ACT to amend an act entitled "an act concerning the public revenue,"
Mar. (J, 1843. approved February 2Gil), l»3'J; and to icijulize the ussesscuenl ot' property
in the county of La Salle »or the year 1811, and to provide a remedy
where ceriilicates ol ilie purchaser ot iani lor taxes have been lost.

Sec. 1. Be it enacted by the People of the State of Illinois^
Certificates of ^^P^^^^'i^e^ ^T^ ihe Generat Assemblij, That every certificate
purchase of wnich shall be given by the clerk ot any county court to any

taxes mcly be^"^^^^^^''^^^'"^^ ^'^'^^ "^^)' ^^ ^^^^ ^^"^ taxes, shall be assigna-
assigned hie by endorsement thereon, under the hand of such purcha-

REVENUE. 239

ser or purchasers, his, her, or their heirs, executors, adminis-
trators, or assigns, and every person to whom the same shall
be so assigned, shall be entitled to the same benefits therefrom . ^ .^
in every respect that the person therein named \\ould have titled to deeii
been if the same had not been assigned; and in case the lauds if land is not
mentioned in such certificate shall not be redeemed in pursu-'"'^^^^"'®'^
anceoflaw, shall be entitled to a deed therefor. The provis-
ions of this act shall apply to all certificates heretofore issued
as well as those that may be hereafter issued.

Sec. 2. The assessment made for La Salle county for the Assessment of
year 1841, is hereby declared legal in every respect; the same La Salle for
as if the original minutes of the assessor had been returned in- ^'^'^^ H'^lized
stead of a copy of the same.

Sec. 3. Whenever any person, either as original purchaser Seyeral tracts

or assignee, is entitled to deeds for more than one tract of land ™'''y.t>« mclu-

1 1 ' II I II I I • 1 . • 1 '^•e" in one

under the same sale, he shall have the right to require the sheriff deed

sheriff to include all the said tracts, or as many thereof, as he
may designate, in one deed; Provided, that in all cases where Proviso
the certificate of purchase of any lands heretofore sold or here*
after to be sold for taxes, have been lost or mislaid, that the pro-
perownermay by proof, by his own oath or otherwise, of such
loss, obtain from the clerk of the court issuing the same a se-
cond certificate of purchase as shown by the records of his office,
noting the nature of the case upon said records, which certi-
ficate shall be sufficient evidence of the purchase of said
lands, and the owner shall be entitled to a deed or deeds ac-
cordingly.

Approved, March Gth, 1843.

AN ACT concerning the public revenue, and for other purposes. jn force

Mar. 6, ]843.

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

represented in the General Assembly, That it shall be the du- Suits against

ty of the Auditor forthwith to cause suits to be instituted on ''^jj"^"^"^
•^ I J /• II / II r I coJJectors

the Donas ot all former collectors of the revenue who have
failed to pay up the balances due from them respectively.

Sec. 2. That there be allowed to the Auditor of Public Ac-Compensa-
counts in addition to what is already allowed him, the sum of '^o" '^ ^"^'■
three hundred and fifty dollars for each of the years 1843 and ^^^
1844, for clerk hire.

Sec. 3. That the county commissioners' court, of each (-.^j^^.^g ^^^
and every county in this State, be authorised to dis- dispose of un-
pose of the uncurrent money that the^ may have on hand in current funds
their respective counties to the best advantage.

Approved, March 0th, 1843. '

240 RIVERS AND CREEKS.

In force, AN ACT to amend "an act declaring Spoon river a navisrable stream."
Feb. 28,1843.

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

Spoon river 3L represented in the General Assembly, That Spoon river be and
navigable the same is hereby declared a navigable stream from its con-
stream fluence with the Illinois river to the north line of Fulton coun-
ty, and the same shall hereafter at all times be a public high-
vray and free for the passage ot boats and water crafts from
the mouth of said river up to the said north line of said
county.
Dam may be Sec. 2. Any person or persons wishing to build a mill-dam
^erected on said river, between the moulh of said river and said north
line of Fulton county, may^have permission so to do by con-
structing and keeping in good order, for the passage of boats
and water crafts, to said dam, a lock at least twenty feet in
width and eighty feet in length; and also, making an apron to
said dam, with a slope lying at an angle of not more than for-
ty-five degrees.
Locks and Sec, 3. Any person or persons now having a mill-dam on
aprons to be said stream between the mouth thereof and the said north line
now^Irected^ of said Fultoncounty, unprovided with a lock and apron as afore-
said, shall, within two years af^er the passage of this act, con-
struct such lock and apron, and in case of failure so to do, shall
be subject to a fine of five dollars for each day aiter the expi-
ration of said two years, he shall suffer said dam to remain
without such lock and apron, to be recovered by action of
debt in the name of the county commissioners of Fulton coun-
ty, before any court having jurisdiction of the same, which
action may be instituted by any person residing in said
county.
Dams be- Sec. 4. Every person having a dam on said Spoon river,
tween Comer- tjgt^ggjj Comeron's mill, erected since said river was declared
'^"^^ * navigable to said point, without such lock and apron, shall be
subject to a fine of ten dollars for each and every day the
same shall be suffered to remain without such lock and apron,
after the first day of March, one thousand eight hundred and
forty-five, to be recovered in the manner pointed out in the
third section of this act.

Sec. 5. All laws and parts of laws conflicting with [this] act
are hereby repealed.

Approved, February 28th, 1843.

In force, AN ACT to improve the navigation of the Rapids in Rock river, at RocId-
Feb. 28, 1843. ford, in the county of Winnebago, and to incoiporate the Rockford Hy-
draulic and Manufacturing Company.

Sec. 1. Be it enacted by the People of the State of Illinois^
draulic ""il^n- ^^7^^^^^^^^^ *^* ^^^ Gewem/ Assembly, That all such persons as
ufaciurjng shall become subscribers to the stock hereinafter mentioned
company g^all be and they are hereby established and declared a body

RIVERS AND CREEKS.

241

corporate and politic, by the name and style of the "Rock-
ford Hydraulic and Manufacturing Company," and by that
name they and their successors shall and may have perpetual
succession.

Sec. 2. The said corporation shall be capable of suing and
being sued, pleading and being impleaded, answering and g'^g"^'^'' ^^^'
being answered unto, in all courts and places whatsoever,
and they may have a common seal, and may alter and change
the same at pleasure.

Sec. 3. The said corporation shall be capable of purchasing j^jj^ purchase
and holding any estate, real and personal, necessary to pro- property
mote the objects of said corporation, and of conveying said
estate at pleasure; Provided, that they shall not at any one
time hold more than six hundred and forty acres of land.

Sec. 4. The capital stock of said company shall be fifty Capital stock
thousand dollars, divided into five hundred shares of one hun-
dred dollars each; hut the said corporation shall have power
to increase their said capital stock to any sum not exceeding
two hundred and fifty thousand dollars.

Sec. 5. Daniel S. Haight, Germanicus Kent, Samuel D. Com'rsto re-
Preston, Laomi Peake, Charles J. Horsman, and George Has-^^i^^ s"^-
kell, of the town of Rockford, and Josiah C. Goodhue^ of the 3'°''' ""
town of Chicago, are hereby appointed commissioners to re-
ceive subscription for the said stock.

Sec. 6. Books shall be opened for said subscription at such Book? to be
time and place as a majority of the said commissioners shall °P®"^^
appoint, by a notice thereof to be inserted in some public
newspaper, at least thirty days previously.

Sec. 7. If the requisite number of shares shall not be sub-Duty ©fcom-
scribed for at such time and place, the said commissioners, or ™^^^^o"^"
a majority of them, shall take such measures for completing the
subscription as they may deem expedient and proper.

Sec. 8. Every subscriber, at the time of subscribing, shall <^ne dollar
pay to the said commissioners the sum of one dollar for eachl^®^ '^.^^^ ^°
share by nim subscnbea tor. subscribing

Sec. 9. Every stockholder shall be entitled at all meetings S(oj.|^l^p],igr8
to one vote for each share he may own at the time, and such may vote
votes may be given by proxy. All elections by the sharehold-
ers shall be by ballot.

Sec. 10. As soon as two hundred shares shall be subscribed Meeting of
for, the commissioners shall call a meeting of the sharehold- stockholders
ers, for the purpose of electing a treasurer, clerk, and seven
directors, by giving notice in some public newspaper thirty
days previously; such notice specifying the time and place of
such meeting.

Sec. 11, The said commissioners, or such of them as shall Electioaa
be present, shall be inspectors of the said election, and their
certificate of such election, and of the names of tiie persons
elected to the respective offices, shall be conclu<^ive evidence
thereof, and the directors so elected shall, within ten days there-
after, proceed to choose one of their number as president.
16

^12 RIVERS AND CR13EKS.

Daraaaross Sec. 12. The said corporation are hereby empowered and
Bock riv«r authorized to erect a dam across Rock river, in the rapids,
on section twenty-six, township forty-four north, range one
east, third principal meridian, being at or near the town of
Rockford atbresaid; which dam shall raise the water in said
Rock river not more than seven feet.
T« build Sec. 13. The said company shall erect and maintain such

locks lock or locks as may be necessary for rendering the navigation

past said dam good and convenient for steamboats drawing
three feet of water.
#Toll«for pas- Seg. 14. The said company shall be entitled to demand and
wDg locks receive the following rates of tolls for the passage of said lock
or locks, to wit: for steamboats, barges, or keel boats, forty
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, five dollars; for each raft of timber, plank, or
other lumber, measuring sixty feet in length and twenty in
width, four dollars; Provided, that the rates of toll may be al-
tered or changed at the discretion of the Legislature.
May enforce ^^^'* ^^* They may distrain and detain such craft until
collection of such toll be paid, or may sue for and recover the same as a
*o^^8 debt before any justice of the peace or court having jurisdic-

tion of the amount of such tolls.
Corporation Sec. 16. The said corporation shall be the sole owners of the
shall own water power to be produced by the dam aforesaid, and may
water power j^^^ contract or lease the same, or any part thereof to others,
or may themselves use such water power, or any part thereof,
for any species of manufactures they may think proper to
establish, and they may erect offices, buildings, mills, works,
and machinery as may be necessary to carry on their business.
Pres't & di- Sec. 17. The president and directors, or a majority of

rectors may them, shall have power to call in the capital stock of said corn-
call in capital f ,. !: .- ' I • . I , ii
Htock pany from time to time, in such one instalments as they may

deem best for the interest of the company; but no one instal-
ment shall exceed ten dollars on each share, nor shall the whole
amount of calls made within three months exceed fifteen dol-
lars on each share.
Notice to be Sec. 18. Notice of such calls shall be given in some public
giten newspaper, at least thirty days before the time of payment,

specifying the day of payment; and in case the same shall not
then be paid the sum due on any share or shares shall be re-
coverable as a debt in any court having jurisdiction of debt to
the amount thereof, or the share or so many of the shares of
the delinquent stockholder, as shall be necessary to bring the
sum due from him, may be sold at auction by order of the
directors; of which sale public notice shall be given in some
public newspaper, specifying the time and place of such sale.
Interest at the rale of seven per cent, per annum shall be
charged on the amount of all calls from the lime due until
paid.

RIVERS AND CREEKS. 243

Sec. 19. The directors shall have power to receive in pay- Bonds &
ment of the subscription to said capital stock, bonds and mort- ™°^*^jj^^®g^gj.
gages, bearing seven per cent, interest annually, on unincum-Tedinpay-
bered real estate in this State, at one-half of iis appraised '■«Q^ of ^*^*»
value, which value shall be ascertained by three sworn and
disinterested persons, who shall be appointed by the circuit
judge of the district in which said lands lay, and to obtain a
loan to the amount of the capital stock paid in in money, and
bonds, and mortgages, and to pledge the same, together with
the improvements made by said corporation, for the faithful
re-payment thereof.

Sec. 20. The shares in said corporation shall be deemed Transfer or
personal property, and shall be transferred as such, but nos^ock to be
transfer shall be valid until registered in a book to be kept^Q^jj^g^f^^^^"
by the company for that purpose. No transfer of any share panj
or shares shall be made until all calls due have been paid.

Sec. 21. The time for annual election of directors, trea-Timeof eleo-
surer, and clerk shall be the first Monday of the month in^io'^o^"®*'®"
which the first election, of said ofiicers shall happen, as herein-
before mentioned, and notice thereof shall be given in some
public newspaper thirty days previously; Providedf that an
omission to hold such annual meeting or to elect any officer of
said company shall not work a dissolution of said corpora-
tion.

Sec. 22. Any vacancies in the offices of treasurer or clerk Vncancj how
may be filled by a temporary appointment by the directors, ^^'^^
to continue until the next meeting of the shareholders, and
until a successor is elected and qualified.

Sec. 23. The treasurer and other ofiicers of the corporation Officers 40
shall, before entering upon their oftices, give bonds with secu- *^^®
rity, as the directors may deem necessary, for the faithful per-
formance of their official duties, with such conditions as the
directors shall prescribe.

Sec. 24. The directors may call a special meeting of the Special meet-
shareholders for the purpose of electing officers or transacting ing*
other business, upon giving notice of such meeting in some
public newspaper, specifying the time and place of said meet-
ing, and at any time, upon a requisition made by a majority
in interest of the shareholders, the said directors shall call a
special meeting of said corporation by giving public notice as
aforesaid.

Sec. 25. The directors shall have power to make such by- Bj-law«
laws, rules, and regulations as may be deemed expedient and
proper for the wellorderingof the affairs of the said corporation;
not, however, repugnant to the laws of this State or of the
United States.

Sec. 26. The company shall commence the improvement when i©
within one year after the organization of the company as commenca
aforesaid, otherwise this charter and the powers hereby grant-
ed shall become vacated and forfeited.

Sec. 27. It is hereby provided and expressly declared that the^^^^® "*y ,
State of Illinois may, at any time after the construction of thejocki

2l4 RIVERS AND CREEKS.

aforesaid dam and lock, or locks, assume the same dam and
lock, or locks as the property of the State, the State, however,
thereby assuming to keep the same constantly in good repair.
But all the hydraulic power resulting from the said dam shall
be and remain the property of the said corporation forever.
Public act Sec. 28. This act is hereby declared to be a public act,

and shall be construed benignly and favorably for every pur-
pose therein intended.
Stockholders Sec. 29. The stockholders of this incorporation shall be
liable in their ]iable in their private property for all the corporate debts in-
private capa- pyj-pg^j by them in proportion to the amount of stock they
may severally hold.

Approved, February 28th, 1843.

In force ^^ ACT to authorise Alfred Brown, Woster Ives, and their associates, of
Mar. 3 1843. Whiteside countj, to alter or change the channel of Rock creek.

Sec. 1. Be it enacted by the People of the State of Illinois,
Channel of represented in the General Assembly, That Alfred Brown, Wos-
Rock creek ter Ives, and their associates, be and they are hereby authori-
changed gg^ ^^ alter or change the channel of Rock creek, in township
twenty north, range four, east of the fourth principal meri-
dian, as follows, to wit: commencing on section twenty-two,
ther.ce running in a south-easterly direction, crossing the cor-
ner of sections twenty six and twenty-five, thence running
through section thirty-six into Rock river, for the purpose of
creating a hydraulic power for nr.illing purposes; Provided, said
change or alteration of the channel of Rock creek shall not
effects the rights of other individuals, accruing under the laws
of this State, or the laws of the United States.
To build a ^^c. 2. Be it further enacted, That the said Alfred Brown,

saw and grist Woster Ives, and their associates, in order to secure the bene-
"'*'^ fits of this act, shall have a saw and grist mill in operation

within three years from the passage of this act.
Approved, March 3d, 1843.

In force ^^ ACT to declare the Snycarty a navigable stream.

* * Sec 1. Be it enacted by the People of the State of Illinois ,
represented in the General Assembly, I'hat all that part ol
made a public th^ Snycarty running through the counties of Adams and Pike
highway as follows, lo wit: beginning at the mouth of the big cut-otf,
thence up said cut-ofi' to tlie mouth of the Utile cut-on, thence
up said little cut-otf to the little Snycarty, thence up said
Snycarty to its source, shall be and the same is hereby declar-
ed a public highway.

Sec. 2. The said Snycarty aforesaid shall be kept free and
open for the passage of all flat boats, rafts, or other water

RIVERS AND CREEKS. ROADS.

245

crafts, and if any person or persons shall obstruct the same in ^^J'J^J^jJJ'''
any manner, they shall be subject to indictment before the ^^Vg^^tjon
circuit court of the proper county, and on conviction, shall be
subject to a fine not exceeding one thousand dollars and not
less than one hundred dollars; Provided^ that nothing in ihis
act contained shall prejudice the rights or interests of the
owners of the Rockport mills heretofore acquired. This act
to take effect from and after its passage.
Approved, March 4th, 1843.

AN ACT concerning the navigation of Bonpas creek in Edwards county. In force.

Mar. 4, 1843.

Sec. 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly^ That the Bonpas creek i" gable^s*tre?»^rl»'"
Edwards county, be and the same is hereby declared a navi-
gable stream, from Higgin's mill to its junction with the great
VVabash river.

Approved, March 4th, 1843.

AN ACT to re-locate a part of the State road from Benton, in Franklin In forcp,

county, to Equality, in Gallatin county. Jan. 21, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That Nathaniel Jones, of Com'ra to re-
Franklin county, and James Rogers and Martin Gillet, of Gal-^o^^'e road
latin county, be and they are hereby appointed commission-
ers to review, mark, and re-locate so much of the State road
from Equality to Benton, as lies between Martin Gillet's, at
the forks of the road in Gallatin county, to intersect the road
as now located from Benton to Equality, at some suitable
point near Thomas Lampley's old farm, in Franklin county.

Sec. '2. The said commissioners, or a majority of them, Time &piaee
shall meet at Martin Gillet's, in Gallatin county, on the first of meeting
Monday in June next, or some day thereafter as soon as prac-
ticable, and being duly sworn by some justice of the peace, Com'rs to be
of Gallatin county, faithfully to re-locate said road, taking into "^^^^
consideration the most eligible and direct route from the said
Gillet's, in Gallatin county, to some suitable point at or near
Thomas Lampley's old farm, in Franklin county, as expressed ^?J^^JjJ|f^^™'
in the first section of this act. Said commissioners shall careful-
ly mark the timber in re-locating said road from point to point,
and return a survey and plat thereof to the county commis- pj^j jq j^^ ^p,
sioners' courts of Gallatin and Franklin counties, which shall turned
be recorded by the clerks thereof.

Sec 3. After said rc-location shall have been made, and Road to be
the plat and survey thereof returned, the county commission- ^P^"^'^
ers' courts of Gallatin and Franklin counties, are hereby re-

S46 ROADS.

quired forthwith to cause the said road thus located to be open-
ed and kept in repair as other State roads are required to be;
Old road va- ^"^ ^^ much of the road as now located, which this act pro-
oated poses to dispense with by re-locating the same, shall be va-

cated.
Compensa- Sec. 4. The county courts respectively of Gallatin and
tion of com'rBpi.anklin counties, shall allow said commissioners such com-
^^ pensation for their services in re-locating said road as they
may deem reasonable and just, in proportion to the time they
may necessarily be employed in locating said road in each of
the above name4 counties.

Approved, January 21st, 1843.

In force, AN ACT to locale a State road from Utica to Killsa's landiug, in Fulton
Jan. 24, 1843, couutj.

Sec. 1. Be it enacted by the People of the State of Illinois^
Appointment represented in the General Assembly^ That Oliver Shepley,
"llclx^Toll ^ Alexander Wilson, and John McCann, of Fulton county, be
and they are hereby appointed commissioners to view, mark,
and locate a State road from Utica, in said county of Fulton,
over Copperas creek bridge, to the warehouse at Killsa's land-
ing, so called on the Illinois river, on fractional north-east
quarter of section thirteen, in township six north, range five
east.
Time &, place Sec 2. The said commissioners shall meet at the town of
of meeting Utica, on the first Monday in April next, or some convenient
day thereafter, and after being duly sworn by some justice of
the peace, well and truly to perform the duties above requir-
ed, shall proceed to survey, mark, and locate said road five
rods wide, on the nearest and best ground between the points
named in the first section of this act.
Rond to be Sec. 3. The said road, when laid out as aforesaid, shall be
SmtTroad deemed and considered a State road, and the county commis-
sioners' court shall cause the same to be opened and kept in
repair as other State roads are.
C'«m'rs how Sec. 4. The commissioners appointed under the provisions
P"*^ of this act, shall receive a just and fair compensation for the

time necessarily employed in laying out said road, and they
are hereby authorised to employ a surveyor and chain car-
riers, who shall receive a fair compensation for their services,
to be paid out of the county treasury.

Sec 5. This act to be in force and take effect from and af-
ter its passage..
Approved, January 24lh, 1843.

ROADS. • 24t7

AN ACT for the location of a State road in the counties of Monroe and St. In force,

Clair. Jan. 24, 1843.

Sec. 1. Be it enacted hy the People of the State of Illinois^ Com^T9 to lo-
represented in the General Assembly, That Joseph W. Alexan-^aie road
der and Joseph Livers, of the county of Monroe, and John
Grate, of the county of St. Clair, are hereby appointed com-
missioners to view, mark, and locate a State road, beginning
at Obed Harrison's, in the county of Monroe, thence to the
village of Prairie du Pont, in the county of St. Clair.

Sec. 2. Said commissioners, or any two of them, shall meet When and
at Obed Harrison's, in the county of Monroe, on or before the 7^5^,^ '° ™®®'
first Monday in April next, and after being duly sworn before
some justice of the peace, to the faithful performance of their
duties, shall proceed to lay out said road, from point to point,
upon the nearest, and best, and most eligible ground, having
due regard to private property.

Sec 3. Said road, when so laid out, a report of which shall Report to be
be filed by said commissioners with the clerks of the county ^j^^/^i^^ co.
commissioners' courts of the respective counties through which
which said road is to run, and the same shall be opened and
kept in repair as other State roads.

Sec. 4. Said commissioners shall be allowed a reasonable Pay 9fcom»T8
compensn-tion for their services, not exceeding two dollars per
day, atthe discretion of the county commissioners' court, which
shall be paid out of the treasury of the county of Monroe, for
the time said commissioners may necessarily be employed in
making said location. This act to be in force from its passage.

Approved, January 24th, 1843.

AN ACT to locate a State road in Hancock county. In force,

Feb. 1, 1843.

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That John Camron, James ^ow'rs to lo-
Dale, and Abel Parker, be and they are hereby appointed ^^^^ '^"^'^
commissioners to view, survey, and locate a State road, com-
mencing at the town of Carthage, thence running east in a di-
rection to Macomb, crossing Crooked creek, at Owen's mills,
Ihence the nearest and best route to intersect a road now laid
out from Macomb to the county line betwixt Hancock and
McDonough counties, at or near Thomas Dorothy's farm.

Sec. 2. That said commissioners, or any two of them, shall Time «fe place

meet at the town of Carthage, on the first Monday in April next , °^ ^^^'i^ff

or as soon thereafter as practicable, and after having been dulv a. .

u r • i.- r .\ /- TT ° . - 1 o be sworn

sworn before some justice of the peace of Hancock county,

faithfully to perform ihe duties required of them by this act,

shall proceed to view, mark, and locate said road from point

to point, as before described; and after completing the same,

shall make out a report in writing and file the same with the ^j^P°''l '^ ^^

clerk of the county commissioners' court of the county of Han- cierk'*^^

243

ROADS.

cock; which report shall form a part of the records of said
court; and said road so laid out, shall be opened and kept in re-
pair as other public roads are.
Pay ofcom'rs ^Ec. 3. The commissioners hereby appointed, and the ne-
cessary hands by them employed to assist in the location of
said road, shall be allowed by the county commissioners' court
of said county a reasonable compensation for their services,
to be paid out of the county treasury of said county. This
act to take effect from and after its passage.
Approved, February 1st, 1843.

In force, AN ACT to locate a State road from Belvidere to Little Fort.

Feb. 3, 1843.

Sec. 1. Be it enacted by the People of the State uf Illinois^
represented in the General Assembly^ That G. ]^. Holbrook, of

Com'rs to lo- Boone county, William Barnes, ol'McHenry county, and Mor-

cate road ris Robinson, of Lake county, are hereby appointed commis-
sioners to mark and locate a State road from Belvidere, Boone

Time & place county, to Little Fort, in Lake county, ^aid commissioners

of meeting shall meet at Belvidere on or before the fifteenth day of Oc-
tober, one thousand eight hundred and forty-three; and before
entering upon their duties as commissioners, shall take an oath

TobeBworn faithfully to discharge the duties as such commissioners, and
and then proceed to mark and locate a State road as above

Compensa- stated; such commissioners to be paid such sums as the several
county commissioners' courts of the several counties may
direct.

Approved, February 3d, IS43.

Tn f»rce, AN ACT to locate a State road from Quincy, in Adams county, to Angus-
Fob. 3, 1843. ta,in Hancock county.

Sec, 1. Be it enacted by the People of the State of Elinois,
Com'rs to i^.^^^P'^^^^^^ted in the General Assembly, That Joel G. Williams,
eate road Joel Danah, and John Biler, be and they are hereby appoint-
ed commissioners to view, mark, and locate a State road from
Quincy, in Adams county, via Houston, in said county, to Au-
gusta, in Hancock county.
Time & place Sec. 2. The said commissioners shall meet at Quincy, in
©f meeting x\dams county, on the third Monday in April, or as soon there-
after as practicable, and after being duly sworn by some jus-
tice of the peace, faithfully to discharge the duties required of
them by this act, shall proceed to view, survey, locate, and
Manner of mark out said road between the points above designated, on
Toa<r^ ^^^ ^^® nearest and best ground, by marking the trees in the tim-
ber, and setting up stakes in the prairie.

Sec 3. The said commissioners, as soon as practicable after
the location aforesaid, shall make out a map and report there-

ROADS.

249

of, giving the correct, distance and description of the same; and "^"FfJ^bV^"
shall file a copy thereof in the clerk's offices of the county com- ^Jde^
missioners' court of each county through which any part of said
road may pass; which said report shall be made matter of re-
cord in said office.

Sec. 4. The county commissioners' court of each county p^^ ^^ ^^^t^^
shall allow the viewers and their assistants, a reasonable com-
pensation for their services; and they shall cause the said road
to be opened and kept in repair as other roads are.

ArpRovED, February 3d, 1843.

AN ACT to locate a State road from Taylorville, in Christian county, to In force,

Zanesville, in Montgomery county. Feb. 3, 184.^.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Jl ssemh /y, Tha-X Daniel C. Goode, ^^^^^'^'"^^^^ ^°'
Joseph P. Darbin, and James Funderburk, be and they are
hereby appointed commissioners to view, mark, and locate a
State road, beginning at Taylorville, in Christian county,
thence to the meeting house on Bear creek, in section fifteen,
township twelve north, range three, west of the third princi-
pal meridian, thence to Zanesville, in Montgomery county.

Sec. 2. Said commissioners, or any two of them, shall meet Time & place
in the town of Taylorville, in Christian county, at any time^''™®^'^"?
to be agreed upon by them, before the second Monday in
September next, and after having been duly sworn by some
person authorised to administer oaths, to the faithful per-
formance of their duties, shall proceed to lay out said road j^?"'^ ^ow
from point to point, upon the nearest, best, and most eligible
ground, having due regard to private property.

Sec. 3. Said commissioners shall designate the location of How designa-
said road by blazing the trees in the timber, and by setting ted
stakes at convenient distances in the prairie, and when said
road shall have been thus located, the commissioners shall
make out a report in writing, showing the courses and dis-
tances, and also a plat of said road, which shall be filed in the Report and
office of the clerk of the county commissioners' court of Chris- P^^
tian county, and the report spread upon the records of said
court at the next succeeding term thereof after the same shall
have been filed in his office.

Sec 4. The whole expense of locating said road shall be Expense how
paid out of the county treasury of Christian county, upon the paid
order of the county commissioners' court.

Sec 5. Each commissioner herein appointed shall be enti-Payof com'ra
tied to one dollar and fifty cents for each day necessarily cm-
ployed in locating said road. The surveyor shall be entitled
to two dollars for each day necessarily employed in the sur-
vey of said road, and each hand other than the com-
missioners and surveyor, shall be entitled to the sum of one

250 ROADS.

dollar per day for each day necessarily employed in the loca-
tion of said road,
T b ed ^^^* ^* The county commissioners' courts of Christian and
and kept in Montgomery counties are required to open and keep in repair
rop«air said road, or so much thereof as lies within their respective

counties, as in case of other State roads.
Approved, February 3d, 1843.

In force AN ACT to locate a State road from Marion, in Williamson county, to
Feb. 2 1843. Joneaboro, in Union county.

Sec. 1. Be it enacted b^ the People of the State of Illinois^
represented in the General Assembly, That Joseph HufFstut-
Com'ri to lo- ler, of Williamson county, Moses Thornton and John Frog,
cate read of Union county, be and they are hereby appointed commis-
sioners to view, mark, and locate a State road from Marion,
in Williamson county, by the way of John Coghran's and Wes-
tern Saratoga, to Jonesboro, in Union county, on the nearest
and best route, having due regard to private property.
Time & place Sec 2. The said commissioners, or any two of them, shall
of meeting meet at the town of Marion, on or before the second Monday
in August next, and after having been duly sworn faithfully
e sworn ^^ perform to perform the duties required of them by this act,
shall proceed to view, mark, and locate said road from point
Report to be ^o point as above described, and they shall make a report in
""^ ^ writing of their acts and doings to each of the counly com-

Road to be missioners of Williamson and Union counties; which report
public & kept shall form a part of the records of said courts, and said road
in repair g^ jg^jj q^^ shall be deemed a State road, and shall be opened
and kept in repair as other State roads are.

Sec. 3. The commissioners hereby appointed shall be al-

Pay of com' rs lowed and paid a fair and reasonable compensation for the

time they may be necessarily employed in locating said road,

to be paid out of the county treasuries of Williamson and

Union counties.

Approved, February 2d. 1843.

In force, AN ACT to amend an act entitled "an act to locate and change certain
Feb. 6, 1843. State roads," approved February twenty-seven, one thousand eight
hundred and forty-one.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the county commis-
paw'by Ta*ze- ^^^"^''®' court of Tazewell county be and they are hereby
well CO. authorized and required to make ^n appropriation from the
treasury of said county, to Robert Smith, of Livingston coun--
ty, Jacob Spaur and Silas B. Curtis, of McLean countv, or
to either of them, for the amount due for their services a»

ROADd,

commissioners to locate a State road from Oliver's Grove to
Veoria; Provided, that the aforesaid commissioners shall makeProvito
report to the county court of said county of their services,
together v^rith a plat and survey of said road, with a certifi-
cate of their qualification as such commissioners.

Sec. *2. When the plat and survey of said road shall be Location to
reported as aforesaid, the location of the said road shall be ^® ^^""
valid and is hereby declared to be as bgal to all intents and
purposes as if the same had been made in accordance with
the provisions of the act to v^^hich this is an amendment.

Approved, February 6th, 1843.

AN ACT to locate a State road from Lancaster landing, in Peoria county. In force.

to Farmington, in Fulton county. Feb. 8, 1843*

Sec. 1. Be it enacted by the People of the State of Illinois fCom'>Tn to lo-
represented in the General Assembly, That Isaac Hamblin and cate road
Samuel F. Bolinger, of the county of Peoria, and John G.
Voorhees, of the county of Fulton, be and they are hereby
appointed commissioners to view, mark and locate a State
road from Lancaster landing, township seven north, six east, Co"^«e of
in the county of Peoria, beginning at or near the store houses
of A. D. Reeds and W. C. Andrews, thence passing over the
log way recently erected to the town of liancaster, from thence
via the farm of James M. Hall, in township seven north, five
east, in Fulton county, to Farmington, in said Fulton county.
Said road to be located on the nearest and best route.

Sec 2. The said commissioners, or a majority of them. Time «& place
shall meet at Farmington on the first Monday of May next,**^™®®^^°S
or within six months thereafter, and after being duly sworn
b^some justice of the peace, faithfully to observe the provi-
sions of this act, shall proceed to locate said road by notching
the trees through the timber and setting stakes in the prairie,^^^^^^®^
on the route prescribed in the preceding section, and the com-
missioners shall, as soon as convenient, cause to be filed with
each of the clerks of the county commissioners' courts of Peo- Repon
ria and Fulton counties a report and. map of said road, which
report and map shall be preserved and shall form part of the
records of said courts.

Sec 3. The said road, when laid out as aforesaid, shall be Ej^^j^ ^o. to
decreed and considered a State road, and shall be opened not pay its part
less than four rods wide, and marked out and kept in repair "' ^^P^°'*
as other State roads are, and each county through which said
road shall pass shall bear her proportional part of the expense,
according to the time necessarily employed on said road
through the same, to be allowed by the county commission-
ers' court of each county.

Approved, February 8th, 1843.

252 BOADS.

In force, AN ACT to locate certain roads therein named.

Feb. 20, 1843.

Se. 1. Be it enacted by the People of the State of Illinois^
Com'rs to lo- represented in the General Assembly, That N. W. Manville,
Ihifon^co.^" George Hunsaker and George Dougherty, be and they are
hereby appointed commissioners to view and locate a State
road beginning at some point on the road leading from Cairo
to Jonesboro, south of Manville's mills, thence to the most di-
rect and eligible route byManville's mills on Mill creek, thence
to Saratoga, in Union county, the most direct and eligible
route.
Time & place Sec. 2. It shall be the duty of said commissioners, or a ma-
of meeting pY\tj of them, to meet at Manville's mills on the first Monday
in April next, or within thirty days thereafter, and after being
duly sworn before some justice of the peace to faithfully dis-
charge their duties agreeable to the provisions of this act,
shall proceed to view, mark and locate said road, doing as
little damage to private property as may be, and shall make
return to the clerks of the county commissioners' court in the
counties in which the same may be located; [in J which return
they shall designate the most remarkable points.

Sec. 3. It shall be the duty of the county commissioners'
opened courts of the several counties, through which the same shall

pass, to cause the same to be opened and kept in repair as
other State roads, and pay said commissioners out of their re-
Fay of com'rs ^P®^^^^® county treasuries each two dollars per day necessa-
rily employed in the location of said road, in the respective
counties through which the same shall pass or be located.
Sec. 4. Samuel Hunsaker, L. P. Wilcox and Jefferson
To locate McKinney, be and they are hereby appointed commissioners
part of road to review and re-locate so much of the State road as leads
from Jonesbo- from Jonesboro to Fredonia, as lies between John Hartlines
donia ^''' ^^^ Jonesboro, who, after being sworn faithfully to dis-
charge their duties, shall proceed to locate said road from
Main street, in Jonesboro, on the most direct and eligible
route so as to intersect said road south of John Hartline'sfarm,
Report ^^^ ^^^'^ make report to the county commissioners' court of

Union county; which court shall cause the same to be opened
Paj of com'rs ^"*^ kept in repair as other State roads, and shall pay said
commissioners two dollars per day while necessarily employ-
ed in locating said road.

Approved, February 20th, 1843.

In force, AN ACT in relation to public roads in the county of Washington.

Feb. 24,1843. ^

Conce n" ^^^* ^' ^^ *^ enacted by the People of the State of Illinois,

certain pub- represented in the General Assembly, That all the public roads

lie roads jn said county that have been heretofore laid out and opened

as public roads and highways (except those which may have

ROADS. 253

been vacated) shall be received and considered in law in all
respects as though said roads had been located and laid out as
public roads are now required to be by law.

Sec. 2. It shall be the duty of the county court of said Snpemsors to
county hereafter to provide lor said roads by apportioning su- be appoiuted
pervisors, and setting apart hands for the keeping in repair
said roads as though they had been located as now required
by law in locating public roads.

Sec. 3. And all supervisors and hands set apart and failing Penaltv for
to do their duty in keeping such roads in repair as other pub- "o^ keeping
lie roads are required to be kept, shall be liable in the same ''"^"^ ^" ^^'
way, and incur the same penalties as other supervisors and
hands failing to do their duty on roads located and laid out as • '

now required by law to be done.

Approved, February 24th, 1843.

A> ACT to reriew and rc-locate the State road leading from Princeton to In force.

Pawpaw grove, Feb. 24, 1843.

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

represented in the General Assembly^ That William Hoskins,Cora'rs tolo-

Robert E. Thompson, and Enos Smith, county commissioners ^^^^ ?^^'^

of the county of Bureau, be and they are hereby authorised ^eay J.^^^""

and empowered to view, survey, mark, locate, and establish

a State road from Princeton, via Dover and Lamoille, in said

county, to the intersection of the State road leading fiom

Princeton to Pawpaw grove, at or near the line of said coun- rp

, t ' , , J^ o assess

ty, and to assess the damages that the owner or owners of damages to

land over which the same may pass shall sustain by the lo- o^'ners of
cation and opening of said road, taking into consideration
the advantages and disadvantages that shall result to such
owners, by the localionand opening said road.

Sec. 2. Said commissioners shall meet at Princeton in said
county on the second Monday in March next, or as soon there- fj^jfjjj'^^jj^j*^
after as practicable, at which time they shall agree upon, and
after being duly s \ orn before some justice of the peace of
said county, faithfully and impartially to discharge the duties
agreeably to the provisions of this act, shall proceed to view,
survey, mark, locate, and establish said road on the best and
most eligible route from point to point, having due regard to
private property, which road shall be four rods wide, and shall
assess the damages that the respective owner or owners of the
land over which said road may pass, shall sustain by the lo-
cation and opening of said road; and should the owner or own-
ers of any tract or tracts of land, over which said road shall
pass, be unknown to said commissioners, they shall assess the
damages, if any there be, that shall accrue as aforesaid to such
unknown owner or owners of the same, upon each of said
tracts of land respectively, and shall commence said view, lo-

254 ROABS.

cation, and assessment at the town of Princeton, thence pro*-
ceed on said route, and shall continue the same from day to
day until it be completed.
ComVi to Sec. 3. Said commissioners, so soon as they shal! have corn-

make report pleted said view and location of said road, and assessed the
of surrey and ^^j^jjggg ^g aforesaid, shall make out a plat of said road with
CO "clerk^of ° the courscs and distances from point to point, and shall also
Bureau CO. make a written report to said commissioners' court, describ-
ing the route of said road, and the amount of damages asses-
sed to the respective owners of lands, as aforesaid; and where
the owners of any tracts are unknown, shall report the amount
of damages assessed as aforesaid on each of said tracts of ^land,
the owners of which are unknown; which plat and report
shall be certified and signed by said commissioners and filed
in the office of the clerk of the commissioners' court of said
county, at least ten days previous to the commencement of the
June term of said commissioner's court, in the year 1843;
which report shall be subject to inspection by all persons con-
cerned, and said commissioners' court shall, at their June
term, A. D. 1843, pass an order to be entered on record estab-
lishing said road.
, Sec. 4. Sard commissioners shall give at least twenty days

tice^of time'<fe previous notice of the time and place of commencing the view
place of com- and location of said road, and the assessment of damages as
mencing &c. aforesaid, by putting up a written notice thereof in one of
the most public places in each of said towns of Princeton,
Dover, and Lamoille, and no other notice whatever shall be
necessary, but this act and the notices being given as herein
provided, shall be deemed and taken as sufficient notice to all
persons concerned, who may wish to appear before said com-
missioners at such assessment of damages, or may desire to
appeal from any assessment, order, or decision, of said con>-
missioners herein, whether the same be residents or non-resi-
dents of this State. Said commissioners, or any one of them,
shall, at or previous to the commencement of said view and
location of said road, return to the clerk of said commissioners'
court, one of the said notices, or a copy thereof, and shall
make affidavit before said clerk that the notices were proper-
ly given or posted up as required by the provisions of this act,
and the said clerk shall attach the affidavit to said notice
or copy so returned, and file the same in his office, which
shall be deemed prima facia evidence in all courts, that the
notice aforesaid was duly given.
Persona dia- Sec. 5. If any owner or owners of land, through which said
•atisfied with road shall pass, shall be dissatisfied because no damages are
assessment asgegggd by said commissioners, or because the damages as-
to circuit' sessed are insufficient, he, she, or they may appeal to the
court circuit court of said county, by complying with the provisions

of an act entitled "an act allowing appeals in certain cases,"
approved January 31st, 1835; Provided, said appeal be pray-
ed at the June term of said commissioners' court, A. D. 1843,

ROADS. 255

and the said circuit court shall, a( the term thereof next suc-
ceeding, proceed to try all appeals which may be taken as
aforesaid, and the decision of said court shall be final, and the Decision to
clerk of said circuit court shall make out and file with the be final
clerk of said commissioners' court, a copy of all orders and
decisions made by said circuit court, within thirty days after
the term in which such decisions are made; and in all cases
where the damages are not increased, the appellant shall pay
the costs of the appeal.

Sec. 6. In all cases where damages shall be assessed in fa- Damages rp
vor of any owner or owners of land, through which said road be paid out of
shall pass, and no appeal shall be takenjby such owner or owneri, ^' treasury of
as hereinbefore provided, the commissioners' court shall, at
the term in which appeals are allowed to be taken as afore-
said, cause to be paid out of the county treasury such damages
as may be so assessed; and in all cases where such owner or own-
ers of lands shall appeal to the circuit court as aforesaid, the
said commissioners' court shall cause to be paid out of the
county treasury such damages as may be awarded by said cir-
cuit court at their next regular term succeeding such award.
The county orders, when made out in favor of such person or Co. orders to
persons, as are entitled to damages as aforesaid, and placed on ^^ ^ tender in
file by the clerk of said commissioners' court, are ready to be damages
delivered when properly demanded at his office, shall be deem-
ed and considered as a sufficient tender of said damages, and
the right of way through all the lands over which said road
may pass shall forever thereafter be secured to the public.

Sec. 7. After the damages that are assessed or awarded to Road to be
the respective owner or owners of land, through which said opened when
road shall pass, shall have been tendered in the manner provid- te^n'defed ^™
ed in the sixth section of this act, the commissioners' court
shall pass an order requiring the supervisors of roads, through
whose districts said road shall pass, to open the same within
six months, and after the said road shall have been opened, the
same shall be kept in repair as in other cases.

ArpRovED, January 24th, 1843.

AN ACT to vacate a State road therein named. In ftrce,

Feb. 21,1843,

Sec. 1. Be it enacted hy the People of the State of llHno's,
represented in the General Assembly, Th3.i so much of a State road Paf' of State
commonly called the McFarland road, leading from McFar- '■®'''^ vacated
land's ferry, on the Ohio river, to Mount Vernon, in Jefferson
county, as lies in Franklin county, be and the same is here-
by declared vacated.

Approved, February 21st, 1843.

256

ROADS.

In force, AN ACT to locate a State road therein named.

Feb. 23, 1843.

Sec. \.,Be it enacted by the People of the State of Illinois y
Com'rs to lo- represented in the General Assembly, That B. T. Hunt, of Kane
roadfrlTm county, J. Hamlin, of De Kalb county, and R. Prichard, of
Chicago to Ogle county, be and they are iiereby appointed commission-
Grand de ers to view, mark, and locate a State road from Chicago, in
°"^ Cook county, to Grand de Tour, in Ogle county, via Steam

Mill bridge, Babcock's grove, St. Charles, and Sycamore.
Sec. 2. The said commissioners, or any two of them, shall
Dttty of com-^jegj- ^t the city of Chicai^o, on the first Monday of April, or
some day thereafter, and before entermg upon the duties as-
signed them by this act, shall take an oath before some justice
of the peace of said city, faithfully to perform the dulies re-
quired ot them by ihis act, and said commissioners, after being
qualified as aforesaid, shall proceed to view, mark, and locate,
said road on the nearest and best route.

Sec. 3. The said commissioners shall be required to return
Com'rs to ^q ^[^^ clerk of the county commissioners' court of the several

make returns ,• .i i , • i • i i i n i

of plats &c. counties through which said road shall pass, a correct plat ot

the survey of said road in their respective counties; which plat

shah be hied m the office of said clerks; and said road, when

laid out as aforesaid, shall be deemed a public highway, and

the county commissioners' courts of the several counties through

which said road may pass, shall appoint supervisors over said

road, and cause the same to be opened and kept in repair as

other State roads are.

^„ Sec. 4. The commissioners appointed under the provisions

Compensa- r u- j

tion ^^ ^his act, and such other persons as shall be employed by

them in the discharge of the duties enjoined upon them by
this act, shall receive a just and leasonable compensation for
the time necessarily employed in viewing, marking, and loca-
ting said road; each county paying for the time necessarily em-
ployed therein.

Approved, February 23d, 1843.

In force, AN ACT confinning the survey and location of a Stale road from Charlcs-
Feb. 23, 184^, ton to Teuria.

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

Survey and sentedinthe General Assembly, That the survey and location of

location of the rond leading from Charleston, in Peoria county, to the

road fromPe' {Q^^^^ of Peoria, mnde by Gideon Thomas, John Williams, and
oria to . "^ . , .

Charleston, John Coyle, appointed by thecounty commissioners of said Peo-

coDtirmed ria county lor that purpose, be and the same is hereby established

and conhrmed as a State road, according to the map, field

notes, and plan thereof, made April tenth, A. D. one thousand

eight hundred and forty-two, by George C. McFaddeu, coun-

ROADS. ' 257

ty surveyor, and filed with the clerk of the county commis-
sioners' office of said Peoria county.

Sec. 2. This act repeals all acts and parts of acts contrary
to its provisions, and shall be in force from and after its passage.

Approved, February 23d, 1843.

AN ACT to establish a State road therein named. In force,

Feb. 23, 1843.

Sec 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That Mathias Young, ot" State road
the county of Menard, Arthur Morrow, of the county of Ma-^'"^™ ^^^li^
son, and James P. i\'Jontgomery, of the county of Fulton, are comb
hereby appointed commissioners to view, lay out, and mark a
State road from Petersburg, in Menard county, to cross
Sangamon river at Young's canoe landing, thence the nearest
and best route to the town of Bath, on the Illinois river, thence
the nearest and best route to the town of Astoria, in Fulton
county, by the way of the lower end of Grand Island in said
river, thence the nearest and best route to the town of Ver-
mont, thence the nearest and best route to Macomb, in McDo-
nough county.

Sec 2. The said commissioners, or a majority of them, Where to
shall meet at Petersburg, in Menard county, on the first Mon-™^^^
day in the month of June next, or as soon thereafter as prac-
ticable, and after being duly sworn, shall proceed to perform
the duties required of them by this act, avoiding as much as
practicable the injuries of private property.

Sec. "3. The said commissioners shall, in a reasonable time To file plats
thereafter, cause to be filed in the clerks' offices of the county »^c . in clerk'e
commissioners' court of each county through which said road°
shall pass a report and complete plat of said road; which re-
port and plat shall be preserved and entered on the records of
feaid court.

Sec. 4. The said commissioners shall have power to em-
ploy a surveyor and such other persons as may be necessary
in the survey and location of said road, and said commission-
ers, surveyor, and other persons so employed, shall be allowed
a reasonable compensation for the time necessarily employed ^o^^pensa-
Qut of the treasuries of the respective counties through which
said road may pass, in proportion to the time employed in each
of said counties in laying out said road; and when said road
is laid out, and the plat thereof filed as required by this act,
it shall be the duty of the county commissioners' courts of the ^p up a

aforesaid counties to cause such road to be opened and kept and kept in
in repair as other State roads are. repair

Se^. 5. Also, said commissioners shall view a road from Road from
Bath, in Mason county, to Matanzas, in said county, under ^"'h toJVt.t-.

the same restrictions, limitations, and regulations as aforesaid. '^jYason" a
Approved, February 23d, 1843.
17

258 ROADS.

In force, AN ACT to amend "iin act to establish a State rood from Jemiaon's ferry,
Feb. 23. 1843. in Pope county, to Cape Girardeau," in force March 2d, 1839.

Sec. 1. Be it enacted by the People of the Slate of Illinoif,
represented in the General Assembly, That Mathew McCluie,
cat"' ro:ui ^'" -^"^^^ L. Cooper, and William Sharp, be ai:cl they are hereby
i^oin Jemi- appointed commissioners to locate a road from Jemison's fer-
sars's ferry to yy to Cape Girardeau, or a majority of them, j^hall, on or before
de-iu ^'^^'''' the first day of August next, report to the county commis-
sioners' court of the several counties through v.'hich said road
passes, the survey and location of the said road, designating
in said report the'most remarkable places along the route lo-
cated; which road shall be opened and kept in repair as other
State roads are.

Approved, February 23d, 1843.

I'rsap- represented in the General Assembly^ That Lawrin Hulbert,
»tedio Jo-Orsamus Wilson, ^Lemuel Morse, and Joseph W. Churchill, of

In force ' -^^ ACT to locate a State road therein named

Feb. 23, i 843.

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

Ooni'
point

ca^e Slate ^^^^ county, and Charles Gary, of the county of Du Page,
be and they are hereby appointed commissioners to view,
mark, locate', and establish a State road from Fox river, in
Kane county, running thence eastwardly to Gary's mills, in
the county of Du Page.
When and ^EC 2.' Said commissioners, or a majority of them, shall
where to meet meet at the house of said Orsamus Wilson, on the first Monday
in May next, or within six months thereafter, and after being
duly sworn by some justice of the peace, faithfully to perform
the duties required of them by this act, shall proceed to locate,
mark, and establish said road, four rods wide, commencing on
the east bank of said Fox river, at the bridge crossing said
river, in the the town of Batavia, in said county, or within fifty
rods below said bridge, running thence eastwardly to Gary's
mill, in the county of Du Page, or until they intersect the road
at or near said mill, taking into consideration, in locating said
road, the best route, and the most advantageous ground for a
permanent road.
To report to Sec. 3. Said commissioners shall, within six months after
CO. court the location of said road, make a report of their proceedings
whicl? ad ^^ ^^^^ county commissioners' courts of the respective counties
elmll pass' through which said road may pass. The said road thus estab-
lished shall be a public highway of this State, and the county
commissioners' courts of said counties shall cause the same to
be opened and kept in repair as other roads are. This act to
be a public act, and to take eflect from and after its passage.
Approved, February 23d, 1843.

ROADS. 250

AN ACT to review and re-locate a State road from Jesse Hammer's to Chi- In force,

liccthe, in Peoria county. Feb. 24, 1843.

Sec. 1. Be it enacted by the People of the Slate of Illinois,
represented in the General AsssmUy^ That James D«'IO''^P^c?Com'r3 to re-
Gaius Jenkins, and John C. Flanagan, of Peoria countv, be locate State
and they are hereby appointed commissioners to review, mark, ^^^^
and re-locate so much of the State road leading from Peoria to
Chilicothe, as lies between the residence of Jesse Hammer and
Chilicothe in said county, on the best ground nearest to the
Illinois river, and along the bank thereof, with regard to the
greatest public utility and private convenience.

Sec. '2, The above named commissioners shall meet at the
residence of said Jesse Hammer, and after first being duly To make re-
sworn, shall proceed to review and re-locate said road, and ^"'""^ *^ *^^-
make return thereof as soon as may be to the county commis-
sioners court of Peoria county, to be tiled by the clerk of said
court. They shall be allowed such reasonable compensation
as the county commissioners may think proper and reasonable.

Approved, February 24th, 18-13.

AN A(^T to locate a State road therein named. In force,

Feb. 24, 1845.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Eiiiah Reese, of^".™''''^'*P',

FJ.A ^ T rv 1- s \/s- J m II r -\T ' pointed to 10-

ayette county, Je-se Doohng and Mark lully, of Marion c^te State

county, be and they are hereby appointed com»missioners to road
view and locate a State road leading from Vandalia, in Fay-
ette county, in the direction of McLeansboro, in Hamilton
county, commencing at the bluff two miles east of Vandalia, run
ning with the county road to the south fork of Hickory creek,
thence southerly to the county line^ thence on the nearest
and best route to intersect with the road leading from Fair-
field to McLeansboro, at or near the lovver Hickory hill,
near the county line of Hamilton.

Sec. 2. Said commissioners, or a majority of them, shall
meet at the town of Vandalia, on the first Monday in May Vand'afiL"^
next, or within thirty days thereafter, and after having been
duly sworn before some justice of the peace faithfully to per-
form the duties required of them by this act, shall proceed to
mark, survey, and locate said road, and having so located the
same, shall within thirty days thereafter, return to the offices .

of the clerks of the county commissioners' courts of Fayette i^5i(Je"o cl'ks
and Marion counties a copy of the plat and survey thereof; of Fayette
which, together with the report of said commissioners, shall ^"^ Clarion
be spread upon the records of the said county commissioners' °°"° ^^^
courts.

Sec. 3. Said road shall be opened and kept in repair as
other State roads are.

260

ROADS.

GoLinpcDBa-

Sec. 4. Said commissioners shall be allowed a fair and rea-
sonable compensation for their services, to be paid out of the
county treasuries of Fayette and Marion counties.

Approved, February 24th, 1843.

Itt force,
FA. 24, 1843.

AN ACT authoriaing a change in a State road in Morgan county.

Waters aa-
thorised to
okange cer-
tain State
road in Mor
{sva CO.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That Zachariah Waters,
ot Morgan county, be and he is hereby authorized to change
so much of the road, leading from Jacksonville to Vandalia, as
lies between the residence of Ralph Macormack and the east
end of Celia Waters' lane; Provided ^^uch. change shall be made
upon the land of the said Waters; and the said road, when so
changed, shall be opened and put in as good repair as the pre-
sent travelled route, at the expense of the said Waters; And
provided, further, that the distance in travel shall not be in-
creased more than ten rods by such change.

Sec 2. When said road shall be opened and put in repair
Public road as aforesaid it shall be and remain a public State road, and
worked and kept in repair as other State roads.

Sec 3. This act to take effect and be in force from and
alter its passage.

Approved, February 24th, 1843.

In force, AN ACT to re-locate bo mnch of the State road as lies between SpringfieM
F^. 25, 1843, and Peoria, in the State of Illinois.

Part of State
rond re-loca-
te

Sec L Be it enacted by the People of the State of Illinois, rep-
resented in the General Assembly, That Robert Allen, Sand-
ford Watson and Pascal Enos, of the county of Sangamon, be
and they are hereby appointed commissioners to view, sur-
vey, mark and re-locate so much of the State road from
Springfield to Peoria as lies between the city of Springfield
and the Sangamon river.

Sec 2. Said commissioners shall proceed to view the most
cmn^rs of ° convenient re-location of said road, and shall report their re-
Sangamon view and re-location to the March term of the county com-
eoftfntj missioners' court of said county; which court may, in their

discretion, adopt or reluse to adopt said re-location, and if
adopted they shall proceed forthwith to have said road open-
ed as re-located.

Approved, February 25th, 1843.

ROADS. 2dl

AN ACT to locate a State road therein named. In force,

Feb. 25, 1843.

Sec. 1 . Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That George W. Haley, ^^J^'^'^P"
Elisha Glass and Jordan Smith, be and they are hereby ap- J^Jg glj^J" **'
pointed comnaissioners to view and locate a State road inroad
Fayette county, beginning at the bluff, two miles east of Van-
dalia, there leaving the National road and running in an east-
ern direction, the nearest and best route towards Louisville,
in Clay county, passing through the Arm Prairie, in Fayette
county, and terminating at the eastern line of the said county
of Fayette.

Sec 2. Said commissioners, or a majority of them, shall Manner of
meet at the house of John Haley, on the first Monday of May performing
next, or within sixty days thereafter, and after being duly ^h^^*" <l"^y
sworn before ^me justice of the peace faithfully to perform P^^®^"
the duties required of them by this act, shall proceed to mark,
survey and locate said road, and having so located the same
shall, within thirty days thereafter, return to the office of the
clerk of the county commissioners' court of Fayette county giSJ^^Qf^Pj^y^'
a copy of the plat, survey, and field notes thereof, together ette co,
with the report of said commissioners.

Sec. 3. Said commissioners shall be allowed a reasonable Compensa-
compensation for their services, to be paid out of the county ^^^^
treasury of Fayette county. Said road when located shall be
worked and kept in repair as other State roads are.

Approved, February 25th, 1843.

AN ACT to locate a State road from Lewiston, in Fulton county, to Mon- In force,
mouth, iu Warren count}'. Mar. 1, 184?.

Sec 1. Be it enacted by the People of the State of Illinois, Com^ra to ]c-
representedin the General Assembly, That Samuel G. Morse, cate State
of Warren county, Anson Smith and Cornelius Stewart, of ^°^
Fulton county, are hereby appointed commissioners to view,
locate and mark a State road from Lewiston, in Fulton coun-
ty, to Monmouth, in Warren county.

Sec 2. The said commissioners shall meet at Lewiston, on Where to
the first Monday in April next, or as soon thereafter as prac- ™^^'
ticable, and after beingduly sworn by some justice of the peace
well and truly to perform the duties above required, shall pro-
ceed to survey, mark and locate said road, four rods wide, as re-
quired by this act, commencing at Lewiston, in Fulton coun-
ty, thence by the nearest and best route via Centreville,
Ellisville, Woodville and Bowling Green to Monmouth, in
Warren county; avoiding at all times as much as practicable
injury or damage to private property.

Sec 3. The said road, when laid out as aforesaid, shall be
d^^emed and considered a State road, and the county commis-

362

ROADS.

To be a State sioners' courts of Fulton and Warren counties shall cause so
iu%epair^^^ much of said road as may lay within their respective counties

to be opened and kept in repair as other State roads are.
Corapensa- ^^0. 4. The said commissioners are hereby authorized to

tioa employ asarveyor, and such other hands as may be necessary,

for the purpose of locating said road, who, with the commis-
sioners aforesaid, shall be paid a reasonable compensation for
their services out of the county treasuries of Fulton and War-
ren counties, in proportion to the time actually employed in
laying out said road in each of the said counties.

Sec. 5. This act to take effect and be in force from and
after its passarre.

Approved, March 1st, 1843.

In force, AN ACT to vacate a pan of a State road in Peoria.

Mar. 2, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
Pan of road represented in the General Assembly ^ That so much of the State
road, from Peoria to Galena, via Osceola and Wappello, as is
located across block number one. in Hale's second addition to
said town of Peoria, and extending diagonally across said
block from Main to Hamilton street, be and the same is here-
by discontinued and vacated. This act to take effect from
and after its passage.

Approved, March 2d, 1843.

In force, AN ACT declaring a certain road therein named a State road, and for Jo-
Mar. 3, 1843. caiing a State road from the east line of Mercer county to the town of
Millorsburg, in said county.

,, . , Sec 1. Be it enacted by the People of the State of Illinois.
Com'rB to i0» T T *j 1 J •/ '

cate StJite represented in the General Assembly^ That William Martin

road and Elisha Miles, of the county of Mercer, and Achilles Duth-

ridoje, of the county of Knox, be and they are hereby appoint-
ed commissioners to view, mark, and locate a State road from
the town of Ilendersonville, in Knox county, by Pope creek
post ofKce, in Mercer county, to the townof Millersburg; to be
located on the nearest and best ground, having due regard for
private property.

Their duties ^^^* ^' ^^^^ commissioners, or a majority of them, shall
meet at the house of Henry Bndgers, in the county of Mercer,
on the first Monday in March, or '.vithin sixty days thereafter,
and after being duly sworn, shall proceed to the performance
of the duties required of them by this act. The said commis-
sioners sliall, within twenty days after the location of said
road, cause to be tiled with the clerk of the county commis-
sioners* court of each county, a report of the location of said

ROADS.

263

rofid, naming the distance, as near as ma3f be, of said road in
each count)'; which report shall be preserved and form part of
the records of said courts. tSaid road when located shall be
opened and kept in repair as other State rouds are.

Sec. 3. The county commissioners' court of each county Compenaa-
shall allow the commirsioners, and others necessarily employed "«"
by thcr.1, a reasonable compensation, to be paid according to
the distance of said road in each county.

Approved, March 3d, 1843.

AN ACT to locate a State road therein named. In force.

Mar. 3, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assemble/, That Morris Walrad, of Chicasro and
De Kalb county, Reuben Prichard, of Ogle county, an^ Bela^^;v^J';'J^^^
T. Hunt, of Kane county, be and they are hereby appointed'
commissioners to lay out, mark, and locate a State road from
Chicago, in Cook county, via St. Charles, Sycamore, Colton-
viile, Browdie's grove, to Dixon, on the nearest and best
ground.

Sec. 2. Said commissioners shall meet at Chicago, as soon Duty of com-
as practicable after the passage of this act, and before enter- ""^sioners
ing upon the duties enjoined by the provisions herein provided
for, they shall take an oath before some justice of the peace of
this State, to well and truly perform all the duties enjoined by
this act.

Sec. 3. That Willis Lott and Marshall Stark, of De Kalb 5.,^^^ ^^j^,,
county, and James T. GifFord, of Kane county, be and they froiu Elgin «>
are hereby appointed commissioners to view, locate, mai'k, and ^^^ Oregon
fcurvey a State road from Elgin, in Kane county, on the near- ^°
est and best ground, to intersect the Oregon road near the west
line of De Kalb county.

Sec 4. The commissioners provided for in the third sec- Duty of coni-
lion of this act shall meet at the town of Elgin, as soon as ruissioiiepe
convenient after the passage of this act, and before entering
upon the duties herein provided for, shall take an oath before
some justice of the peace of this State, to well and truly per-
form all the duties enjoined by this act.

Sec. 5. The commissioners herein appointed shall proceed Com'rs to oe-
to locate said road, and it shall be the duty of the said road «^^^^ damages
commissioners to assess all damages that may accrue to indi-
viduals, taking into the account the advantages as w^ell as dis-
advantages which said road may be to such individuals; and
the award of said commissioners shall be final and conclusive.

Sec 6. All damages awarded under the provisions of this jj^^ j^
act shall be paid by the county in which such damages have
accrued, and the person or persons in whose favor dama^'cs
shall be awarded, shall receive a certificate from the commis-
sioners aforesaid, certifying the nature and amount of damages,

2^ ' ROADS.

and en presenting of said certificate (o the county commission-
ers' court of the proper county, it shall be the duty of said
court to grant an order to the individual or individuals for the
paj^ment of the same irom the funds of the county.
Plats «&c. to Sec.7. As soon as practicable, after the location of said roads,
be filed the said commissioners shall tile a plat of said roads with the

clerk of the county commissioners'' court of the several coun-
ties through which said road may pass; they shall also file an
account of all persons entitled to damages, together with the
amount to which they are entitled.
Oom'rs of the ^^^* ^* ^^ soon as said roads shall be located, under the
several coun- provisions of this act, it shall be the duty of the county com*
u«s to open missioners of the several counties through which said roads
shall pass, to cause the same to be immediately opened, and
kept in repair, and the several supervisor*, through whose dis-
tricts the said roads may pass, shall immediately proceed to
open and vi^ork the same as other State roads are.
Payofcom'ra Sec. 9. The road commissioners, surveyors, and such other
persons as may be necessary to aid in locating said roads, shall
receive one dollar and fifty cents per day for each day neces-
sarily employed in performing the duties required under the
provisions of this act; and the several counties through which
these roads may pass shall pay all necessary expenses incur-
red, in proportion to the distance the said roads may pass
through the respective counties. This act to take effect from
and iifter its passage.

Approved, March 3d, 1843.

In /brce, AN ACT to locate a State road from La Salle to lalet Grove.

Mar. 3, 1843.

Sec. 1. Be it enacted by the People of the State of lUinoi'i^

represented in the General Assembly, That Zimri Lewis and

State road Jarvis Swift, of La Salle county, and George E. Haskell, of

^""xj ^^ ^^^'® Lee county, be and they are hereby appointed commissioners

10 Homer, it» . , •' ' J ■ *^o i ^ i\ .

I.a Salle co. to View, lay out, locate, and mark a »!!>tate road iiom the town
of La Salle, in La Salle county, to the town of Homer, in said
county, and thence to the State road leading from Chicago to
Galena, to intersect the same at Inlet grove, in Lee county;
to be located on the nearest and best route, having a due re-
gard to farms and other improvements, as well as the public
good.
Q . Sec. 2. The said commissioners, or a majority of them,

com'rs . shall meet at the town of La Salle aforesaid, on the first Mon-
day in May next, or within sixty days thereafter, and being
duly sworn before some justice of the peace, faithfully to dis-
charge the duties required of them by this act, shall proceed
to view mark, and locate said road on the most eligible ground,
and as soon as practicable thereafter, cause to be made a map
of the survey of said road, certified by them, and forward a

ROADS.

265

copy thereof to the clerk of the county commissioners' court
of each of the counties through which a part of said road shall
pass, which shall by him be filed in his office, and the said
road thus laid out, shall be declared a public State road, and
shall be opened and kept in repair as other State roads.

Sec. 3. The said commissioners, together with the chain Their com.
carriers and surveyor, shall receive out of the county treasuries pensaiioa
of the respective counties through which said road may pass,
such reasonable compensation for their services as may be
deemed just and equitable by the county commissioners'
courts.

Sec. 4. The said commissioners shall return to the clerks of ^^P^*"^
the county commissioners' courts of said counties a certified
account of tnl number of days occupied by them in the res-
pective counties in locating said road.

Approved, March 3d, 1843.

AN ACT in relation to the Cumberland road. In force.

Mar. 3, 1843.

Sec. 1. Be it enncted by the People of the State of Illinois^
represented in the General Assembly^ That the county com- ^"'JJ^^'''^^^
missioners' courts in each county through which the Cumber- J°gp^ |^^r%air
land road now passes, or may hereafter pass, shall have super-
visory control over the same whenever the same shall not be
under the care or supervision of some person or persons au-
thorised by the United States, and cause the same to be kept in
repair in the same manner as prescribed by the laws of
this vState for keeping in repair the State and county roads
in the several counties in this State, and may make such or-
der and regulation concerning the same as they shall deem
necessary and proper for the repair and preservation of the
same

Sec 2. It shall be the duty of the supervisors in each road Duty of su-
district, whenever the county commissioners' court of the P^'^^^sors
county shall direct, according to the provisions of this act, to
cause the said road to be kept in repair through his road dis-
trict, in the same manner as is provided by law for keeping in
repair other State and county roads, and shall cause the same
to be worked upon by the persons residing in his road district;
and if such supervisor shall fail, neglect, or refuse to do so,
he shall be liable to the same penalties for such failure, ne-
glect, or refusal, as is provided by law on other roads in his
district. And if any person, subject to workupon public roads
in any such road district, shall fail, neglect, or refuse, when
required by the supervisors of such road district to work on
said road, they shall be liable to the same penalties for such
failure, neglect, or refusal, as is provided for like cases on
other public roads, and to be recovered in the same manner,
to be collected and paid as in other cases of public roads ia
this State.

^266 ROADS.

Penalty for Sec. 3. If any person shall hereafter wilfully take and con-
^edala"^^ ^^ ^^Y ^^^J ^r*^^ ^'"^ said road, any stone, wood, iron, or other
materials, used or procured to be used, in the construction or
repair of the said road, with intent to steal the same, they
shall be deemed guilty of larceny, and upon conviction there-
of, before any court having jurisdiction of the same, shall be,
subject to the same penalties and punishments as for other
cases of larceny by the laws of this State.
Penalty for Sec. 4. If any persons shall hereafter wilfully or mischievous-
injuring road jy burn, destroy, or damage any bridge, abutment, grade, or
any material used or procured to be used in the construction
or repair of said road, every person so offending, upon convic-
tion thereof, before any court in this State having jurisdiction
of like offences, shall be subject to the same punishment as is
provided by the laws of this State for like offences commit-
ted on any public road in this State.

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

Approved, March 3d, 1843.

In force, AN ACT to locate a State road from Josej-hine to Knoxville.

Mar. 4, 1843.

Sec. 1. Be it enacted hy the People of the State of Illinois^
Gom'rs to lo- represented in the General Assembly^ That Simpson Y. Bar-
cateStai« nard, of the county of Woodford, James Martin, of Marshall
county, and David Kendall, of Knox county, be and they are
hereby appointed commissioners to view, mark, and locate a
State road from Josephine, in Woodford county, via Nathan
Patten's and the town of Laron, in Marshall county, and Tou-
lon, in Stark county, to Knoxville, in Knox county, avoiding^
as much as practicable the injury of private property.
To meet and Sec. 2. Said commissioners shall meet at Josephine, in
be Bworn Woodford county, on the first Monday in June next, or with-
in three months thereafter, and before entering on the duties
required of them by this act, they shall severally take an oath
before some justice of the peace, faithfully to discharge the
duty of road commissioners.
To appoint Sec. 3. The said commissioners shall appoint one surveyor,
a surveyor ^^q chain carriers, and one marker; Provided^ however^ that

one of said commissioners may act as surveyor.
Compensa- Sec. 4. Said commissioners shall be allowed for their servi-

**®° ces one dollar and fifty cents each, for each day they arc necessa-

rily employed in locating said road, the surveyor two dollars,
and the chain carriers and marker shall be allowed one dollar
per day each, to be paid out of the county treasuries of the
several counties through which said road runs, in proportion
to the time employed in locating said road in each county.

Sec. 5. The said commissioners shall report to the county
commissioners' clerk of each county, through which said road

ROADS. 267

is located, the number of miles of road in said county, togeth- "^^ ''^po'"^ 'JJ
er with a plat of said road, on or before [the j September term ^^ t^tSou^h
of said court; which report shall be made matter of record in which road
each county, and the said road, when located, is hereby de- passes
dared a State road, and shall be opened and kept in repair as
other State roads.

Approved, March 4th, 1843.

AN ACT for a State road from Frederickvllle, in Schuyler county, to Ma- In force,

comb, in McDonough couuty . Mar. 4, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois, qq^^^^ ^^ \q,
represented in the General Assemhbj, That Jesse Darnielle,caie State
George Garrison, and Edward Doyle, all of the" county of°^^
Schuyler, are hereby appointed commissioners to locate a
State road from Frederickvllle, in Schuyler county, in a
direction for Macomb, in McDonough county, until they ar-
rive at a place known by the name of Sewardville, in Mc-
Donough county, or some other point on a public road lead-
ing to Macomb, not exceeding three miles north of the line
dividing Schuyler and McDonough counties.

Sec. 2. Said commissioners, or a majority of them, shall When and
meet at the house of Jesse Darneille, on or before the first day ^eet^ *°
of July next, and after having been duly sworn before some
justice of the peace, faithfully to perform the duties required
of them by this act, shall proceed to mark, survey, and locate
said road, having due regard to private property, and having
so located the same, shall, within thirty days thereafter, return
to the office of the clerk of the county commissioners' court of ^*^"7" pI^'*

to Ci ic OI

Schuyler county a plat of so much of the road as lies in saidschuyler co.
county; also, a plat of so much of the road as lies in Mc-
Donough county they shall return to the clerk of the county
commissioners* court of McDonough county; which together
with the report of said commissioners, shall be spread upon
the records of the said county commissioners' courts respec-
tively.

Sec. 3. The said road shall be four rods wide, and shall be
opened and kept in repair as other State roads are; and the ^^^P^°j^?^
said county of Schuyler shall pay for the time necessarily em-
ployed in locating said road to the said commissioners, axe-
men, and chain carriers, one dollar per day each, and to the
surveyor two dollars per day, to be allowed by the county
commissioners' court of Schuyler county.

Approved, March 4th, 1S43.

-;8

ROADS.

In force, AN ACT for a State road from David Wright's, in Iroquois county ,'to
A ar. 4^ 1843. Portland, iu Cook county.

Sec. 1. Be it enacted by the People oftke State of lllinoUy
^Mahstolo- represented in the General Assembly, That Cornelius C. Van
r ad ^^^^ Horn, of Will county, Alanson Hawkins, of Iroquois county,
and Norman Rixford, of Cook county, be and the same are
hereby appointed commissioners to view and locate a State
road from David Wright's on Spring creek, in Iroquois coun-
ty, to Portland, in Cook county, crossing the Kankakee river
at or near the lower end of Bulibony's grove and the Juliet
river, near the head of the Hickory timber, so called.

Sec. 2. The said commissioners, or a majority of them.
When and ^]^^\\ j^eet at Charleston, in Coles county, on the first Mon-
iieet ^^y ^^ May next, or on some day thereafter which they shall

agree upon, and after being duly sworn before some justice
of the peace faithfully to discharge their duties agreeably to
the provisions of this act, shall proceed to view, survey and
locate said road on the nearest and most eligible ground from
point to point, having due regard to private property, and
To make re-^^^'^ make return to the county commissioners' courts of the
-KiruB several counties through which the same shall pass; which re-

turn shall be entered of record and filed in the clerk's office^,
and said road shall be a public and State road, [to] be opened
and kept in repair as other public roads,
{'.xpenses Sec. 3. The county commissioners' court of each of the

(iow paid counties through which the said road passes shall pay their pro-
portionate part of the compensation of said commissioners,
and expenses of surveying said road, out of the county trea-
sury of each county, at the rate of two dollars per day to each
commissioner and the surveyor, and one dollar per day to
each chainman and axeman, for the number of days in which
they shall actually be employed in viewing, marking, and lo-
cating said road.

Approved, March 4th, 1843.

In force, AN ACT to locate a State road from St. Charles, in Kane county, to
Mar. 6, 1843. Rockford, in Winnebago county.

Sec. 1. Be it enacted by the People of the State of Illinois'^
State road represented in the General Assembly, That Daniel Howell and
L. Peake, of the county of Winnebago, and Read Person, of
Kane county, be and the same are hereby appointed commis-
sioners to view, survey, and mark a State road from St.
Charles, ia Kane connty, to Rockford, in Winnebago
county,
^"omrs to lo- ^^^' 2' T^e said commissioners, or a majority of them,
caie same shall meet at Rockford, in the county of Winnebago, on the
first Monday in April, or within four months thereafter, and
after being duly sworn before some justice of the peace

e re-

ROADS. 2G9

fdithfully to discharge their duties agreeably to the provisions
of this act, shall proceed to view, survey and locate said road
on the nearest and most eligible ground from point to point,
having due regard to private property and public conve- ,

nicnce, and shall make return to the county commissioners'
courts of the several counties through which the same shall ^^^ ^.^j^
pass; which return shall be entered of record and filed in the pon
office of the clerk of the county commissioners' court, and
said road shall be a public and State road, and kept in re-
pair as other State roads are.

Sec. 3. The said commissioners shall receive such com- Corapensa-
pensation for their services as the county commissioners' ^^°^
courts of the several counties, through which said road shall
pass, as they shall deem right and proper.

Appro VEID, March (ith, 1843.

AN ACT to locate a State road from William Brown's, jr., in St. Clair In forcp,

county, to Nashville, in Washington county. Mar. 4, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That Jackson Ammons, State road
of Clinton county, Henry Williamson, of Washington county,
and Nathan Fike, of St. Clair county, be and the same are
hereby appointed commissioners to view, survey and locate a
State road from or near William Brown's, jr., of St. Clair
county, thence by the nearest and best route to B. C. Nel-
son's ferry on the Kaskaskia river, and thence on the county
road from said ferry to Nashville, Washington county, Illi-
nois.

Sec. 2. The said commissioners, or a majority of them, Com'rs to lo-
shall meet at the residence ofB. C. Nelson, in Washington cate same
county, on the first Monday in April next, orsome time there-
after which they may agree upon, and after being duly sworn
before some justice of the peace faithfully to discharge their
duties, agreeably to the provisions of this act, shall proceed to
view, survey and locate said road on the nearest and most
eligible ground from point to point, having due regard to pri-
vate property, and shall make return to the cou.ity commis- Make returns
sioners' courts of the several counties throujrh 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 public roads.

Sec. 3. Said commissioners shall receive such compensa- Compensa-
tion for their services as the commissioners' courts of the sev- tiun
eral counties, through which said road shall pass, shall deem
just and reasonable; to be paid out of the several county trea-
suries.

Approved, March 4th, 1843.

270 SALINES.

In force, AN ACT to amend an act entitled "an act to provide for leasing the sa-
Jan. 28. 1843. line reserves, in Jackson county , and for granting pre-emption rights,
&c.»

Sec. 1. Be it enacted by the People of the State of Illinois,
* represented in the Gene7'al Assembly, That so much of the fir«t

ed'for Hoh"- Section of the act entitled "an act to provide for leasing sahne
day to cxe- reserve lands, in Jackson county, and for granting pre-emp-
ciite bond ^jqjj rights to certain persons therein named," in force Feb-
ruary 26th, 1841, as required David Holiday, the commis-
sioner appointed by said act, to enter into bond with good
and sufficient security, on or before the first day of May, A.
D. 1841, be repealed, and that the said David Holiday may
enter into bond, as required by the first section of said act, on
or before the first day of April next.
Part of for- ^^^- *^' That SO much of the third section of said act as re-
raeractre- quires Stephen Holiday and Joseph Sorrells to purchase of
pealed g^id commissioner forty acres of said land, including the resi-

dence and improvements of the said Stephen Holiday and
Joseph Sorrells respectively, at any time before the first day
of June, one thousand eight hundred and forty-two, be re-
pealed, and that the said commissioner be hereby authorized
and empowered to sell to the said Stephen Holiday and Jo-
seph Sorrells each forty acres of said saline reserve lands, in-
cluding the residence and improvements of the said Holiday
and Sorrells respectively, for the sum of one dollar and twen*
ty-five cents per acre, at any time before the first day of De-
cember, in the year of our Lord one .thousand eight hundred
Holiday fail- ^'^^ forty-three; and in case the said Holiday shall fail to ex-
ing to execute ecute a bond, or shall fail to act as such comm.issioner, it shall
bond, com'rs ^^ the duty of the county commissioners of Jackson county
cour o ap- ^^ appoint a commissioner to act in his stead, who shall exe-

point com'

cute such bond as is required of said Holiday.
Approved, January 28th,

In force, AN ACT authorising Vermilion and Iroquois counties to sell certain lands,
Feb. 25, 1843. and mnke certain payments to Champaign county, and for other purposes-

Sec. 1. Be it enacted by the People of the State of Illinois ,
V *li n &, ^'c/>^e^s»^^^ ^'^ ^^^s General Assembly, That the county commis-
Iroquois may sioncrs' court of Vcrmilion county, and the county corn-
sell saline missioners' court of Iroquois county, are hereby authori-
lands ggjj ^Q dispose of the saline lands heretofore appropria-

ted to their counties respectively, by an act of the General
Assembly of this State, entitled "an act appropriating the re-
sidue of the Vermilion saline lands to the counties of Iroquois
and Vermilion, for the building of bridges across the Iroquois
and Vermilion rivers," approved, 2'2d July, 1837.
Com'rs of ei- Sec. 2. The county commissioners' court of either of the
iher CO. may above named counties may, at any time when they think it for
lands" the interest of the people of their county, dispose of the land

SALINES. 271

appropriated bj the above recited act, and in such manner as
in their opinion will best promote the interest of the people
of their county.

Sec. 3. So soon as any tract of land shall be disposed of by Cenificate of
either of the above named counties, and the same be paid for purchase
by the purchaser, the court so disposing of the said land shall
deliver to the purchaser a certificate of purchase directed to
the Auditor of Public Accounts, which certificate shall con-
tain a full and complete description of said land, and shall
be signed by the clerk of said court, and se?iled with the seal
of said court.

Sec. 4. The Auditor shall, upon presentation to him of said Auditor to is-
certificate, issue a patent therefor, and which patent shall be sue patent
issued in the same manner as patents are now issued for school
lands, and shall be signed by the Governor and countersigned
by the Auditor, whereupon said Auditor shall carefully file
away and keep said certificate in his office.

Sec. 5. So soon as the county commissioners' court of either when 200 a-
of the above named counties shall have sold two hundred cres are sold
acres out of the lands appropriated to their county by mn^*^^?^ ^^- .
the above recited act, said court shall pay over to the to Cham-
county commissioners' court of Champaign county, the pro- pf^ign co.
ceeds of one hundred acres of said land, in confoi"mity with
the second section of '^an act for the building of certain
bridges, and changing certain appropriations,-' approved Feb-
ruary 19th, 1S39.

Sec. 6. That a law approved February 5th, 1831, provid- Certain laws
ing for the imprisonment of any person who may erect a dam repealed
in the Big Vermilion river, be and the same is hereby re-
pealed.

Approved, February 25tli, 1843.

AN ACT to amend an act entitled "an act to authorize the sale of the In force,

saline lands in B»nd county." Mar. 4, 1843.

Whereas, agreeable to an act entitled "an act to authorize preamble
the sale of the saline lands in Bond county," approved
March second, one thousand eight hundred and thirty-nine,
Thomas Keys and Jacob Drake, of Bond county, were ap-
pointed commissioners of the saline lands in said county,
with power to sell said lands; and whereas, the said com-
missioners did sell said lands in pursuance of said act, but
in consequence of a legal defect in the obligations of the
contracting parties, together with the exceeding pressure
in the monetary affairs of the county, the purchasers of said
lands have refused to pay their obligations, and many of
them have surrendered their contracts as void; and more-
over, while this state of things exists said lands are being

2T2 SALINES. SCHOOLS.

stripped of the timber in a manner which will in a short
time render them worthless-, therefore,
»Sec. 1. Be it enacted by the People of the State of Illinois^
C&ra'rs of represented in the General Assembly , That the county commis-
Bond CO. may sioners of Bond county shall be and they are hereby author-
sell certain J2g(i to sell any quantity of saline lands, so called, situate in
said county of Bond, not exceeding one section, according to
the usual sub-divisions of land, upon such terms as they shall
deem proper and most advisable; for which purpose the State
of Ilhnois hereby vests whatever right or title [she] may have
in any such quantity of land donated as aforesaid.

►Sec. 2. The said county commissioners shall, upon the sale
To reimburse of the said lands, reimburse the State for any and all ex-
the State for penses incurred by the State in relation to said jands; said ex-
of'theVo-" psiises to be ascertained by a statement of the same, to be
ceeds of such certitied by the Auditor oi Public Accounts to said commis-
*^^^ sioners, and whatever balance may remain after reimburs-

ing the State shall be applied, under the direction of said
Residue how commissioners, to the construction of a bridge or bridges,

or highway or highways, in said county of Bond.
Co. court to Sec. 3. The county commissioners' court of Bond county
make deed shall be and they are hereby authorized to convey all of the
aforesaid lands to any person or persons who shall purchase
the same under the provisions of this act, and such convey-
ances shall be good and valid.
Co. to receive Sec. 4. The county of Bond shall not receive any per cent,
no per cent, -which she heretofore might have been entitled to arising from
salSe^^auda ^^^ ^^\Qi of any saline lands, so called, in this State. This act
to take effect from and after its passage.
Approved, March 4th, 1843.

In force, AN A€T l|» aatboris* tl>e school conuuissioner of Clay county to settlt;
Feb. 3, 1843. witti the school commissioner of Richland county.

Sec. 1. Be it enacted by the People of the State of Illinois y
School com'r represented in the General Assembly^ That the school commis-
pay to Rich-sioner of Clay county be and he is hereby authorised and re-
laud its pro- quired, on or before the first day of June next, to account and
^°h^^°iV^d ^^^'•'^ \^\i^ the school commissioner of Richland county, and
pay over to the said school commissioner of Richland county
the proportion of county school money, in notes, bonds, mort-
gages, and other evidences of indebtedness, on account of the
said county school fund which that part of the said county of
Richland that was stricken off to Clay county would be en-
titled to, according to the census of the year one thousand
eight hundred and forty, under twenty-one years of age.

Sec 2. And upon the payment over by the said school
commissioner of Clay coun<^y to the school commissioner of
Richland county, of the said proportion of county school mo-

SCHOOLS.

nej, which the said part of Clay county that was stricken off
and added lo the said county of Richland woukl be entitled
to, as provided by the first section of this act. The said school
commissioner of Richland county shall execute and deliver to Receipts to
the said school commissioner of Clay county a receipt there- be given
for, who shall file the same with the clerk of the county com-
missioners' court of said Clay county, after which the said
school commissioner of Richland county shall, within thirty
days, pay over to the treasurer of the incorporated townships School com'T
which had been so stricken off of said Clay county, the saidj*^ pay to"'*
county school money in manner aforesaid pro ratUf and loan treasurers of
said proportion of said school money for the use of the incorpo- itiGorporated
rated townships stricken off of the said county of Clay, as^°^^"^ ^P'
aforesaid, if any there be, until they shall become incorpora-
ted, when the same shall be paid over to them in due propor-
tion in like manner, with all interest due thereon. But noth-
ing herein contained shall be so construed as to prevent the
said school commissioner of Richland county from paying
over tne interest on said county school fund to the unincorpo-
rated townships in the same manner now required by law to
support and maintain common schools.

Sec. 3, And be it further enacted by the authority aforesaid^ Residue of
that the said school commissioner of Clay county, alter he shall school fund in
have settled with the said school commissioner of Kicliiand ^^'?^^°' '^ '^^
county, as is required by the provisions of this act, shall pay the ghipg ^ ^^
residue of said county school money and interest which may
remain in his hands to the incorporated and unincorporated
townships of his county, as the said school commissioner of
Richland county is required to do by the second section of
this act.

iSEt;. 4. And beit Jurther r^nadet/, that the school commissioner Due propor-
of Clay county be and it is hereby made incumbent on him,"onof int. on
as soon as he shall receive the interest on the college, school, f^^'^°°!j""'^ **
and seminary fund, that he shall pay over to the school com- KlchTand^oo.
missioner of Richland that part due her to be apportioned
in like manner as the county school fund, until otherwise
provided. ^

Approved, February 3d, IS43.

AN" ACT to legalize certain proceedings of the trustees of schools for In force*
township thirty-three, north ot range three east, of the third principal Feb. 23, l{ii3U
meridian, in La Sulle county.

Sec 1. Be it enacted by the People of ike State of Illinois^
represented in the General Assembly, That all proceedings of ^J'/"^"^^^
the trustees of schools for township thirty-three north, range of schoola ia
three, east of the third principal meridian, in La Saile county, ^-^ ^i'^'^ co,
relating to sales of stone heretofore made Irom the school ^®"'^^^^*''
section belonging to said township, and to all settlements
18

274 SCHOOLS.

made with persons who had trespassed upon said school sec-
tion, be and the same is hereby declared valid and in every
respect legal.
Certain trns- Sec. 2. Be it further enacted^ that the trustees of schools
toes of schools for township thirtv-three north, three east of the third princi-

insaia CO. | meridian shall have the power and it is made their duty

may sell the r,. ri. l i^i .i

sione on said to delegate one of their number, or such other person as they

school lands may deem proper, to act as agent to dispose of the stone upon
said school section, in such manner and for such price as may
be deemed by the trustees most for the benefit of said town-

FroTiso ship; Provided, that all persons having a claim on any stone

now quarried and remaining on said section, by any arrange-
ment heretofore made with the trustees, shall have six
months from the passage of this act (and no longer) to remove
the same.

Approved, February 23d, 1843. r

In force, AN ACT organ'zinjj a school district in Vermilion county, anil authoriz-
(I, 1843. ioe the sale of school lands therein.

Sec. 1. Be it enacted by the People of the Slate of Illinois,
BonndarieBot**^/^^^^^^'^^ iw i/ie General Assembly ^ That all that part of
diatrict town twenty north, of range ten, in Vermilion county, be

and the same is hereby attached to and shall form a part of
the school district situated on range eleven, town twenty,
in said county, and shall be subject to all the rules ahd regu-
lations, and enjoy all the privileges and advantages which
by law the school district, situated in range eleven, is now
subject to or enjoys.
Com'rraay '^i^c, 2. That the school commissioner of Vermilion county
eell land and be and is hereby authorized to sell all the school lands sit-
when uated in range ten, town twenty, in said county, upon the
presentation to him of a petition containing the names of
iour-fifths of the legal voters of said range ten, town twen-
ty, signifying their willingness and desire to have the same
sold.
Sale how to Sec. 3. That the said school commissioner shall be govern-
be conducted ed in all respects in the sale of said school lands as now go-
vern in the sale of other school lands in said counly.
Application Sec. 4. That the funds arising from the sale of the school
of fundi lands, situated in range ten, shall be used for the benefit of the
school district composed of range ten and eleven, in town
twenty, so long as the same shall compose one district and no
longer.
Approved, February 6th, 1843.

SCHOOLS.

275

AN ACT to enable the inhabitnnts of incorporated townships to dissolve Id force,

iheir incorporationB. Feb. 23, lo4J .

Sec. 1. Beit enacted by the People of the State of Illinois,
represented in the General A.ssembly, That whenever the inhabi- T^^^^J^jP ^;^"
tants of any Congressional township in this State which m^y ^^^^.^ dit-
have become incorporated under the provisions of an^act mak- solved
ing provision for organizing and maintaining common schools,
approved February twenty-sixth, one thousand eight hundied
and forty-one, shall desire'to dissolve the incorporation, and to
return the books, pcipers, and moneys belonging to such town-
ship to the school commissioner of the proper county, it shall
be the duty of the trustees of schools, upon the application of
a majority of the legal voters of such townships, by peti-
tion, to cause an election to be held in their townships to
enable the inhabitants to decide for or against dissolving the Election maj
incorporation; the time and place of holding the election shall J'^^'j^^^/^J^
be appointed by the said trustees, and notice shall be given
bv posting up advertisements thereof in six of the most pub-
lic places in said township, at least ten days previous to the
day of election; the trustees of schools shall attend on the day
of election and conduct the same, four of them acting as judges,
and one as clerk, a poll book shall be opened with appropri-
ate headings and columns, and the names of the voters shall
be taken down and their votes for or against dissolving the
incorporation of the township set down in the proper column,
so as to show how they voted; every inhabitant of the town-
ship, who at the time of holding the election, would have the who maj
right to vote for members of the General Assembly, shall be. rote
entitled to a vote; the poll shall be opened by ten o'clock in
the morning, and shall not be closed until five o'clock in the
evening of said day of election.

Sec. 2. The trustees^as aforesaid shall verify the correct- PoU^book.^ to
ness of the poll book by"'a certificate to that effect over their J'^^',^"J°^
signatures, and return the same to the school commissioner of com'r
the proper county, and if it shall appear from said poll book,
that a majority of all the legal voters in said township are in
favor of dissolving the incorporation, the same shall be con-
sidered as dissolved; Provided, that any claim which may legally Prorlio
exist against said township, at the time of the dissolution of its
corporate existence, shall be charged to such township by the
school commissioner of the proper county, and paid out of the
funds to which such township may thereafter be entitled
under the before recited act; And provided^ also, that in case
the said school commissioner shall neglect or refuse to make
payment of the said claim out of the fund aforesaid, the credi-
tors of the township so indebted, may have their remedy against
him, as in other cases.

Sec. 3. Upon the dissolution of any incorporated township Books^&^^pa-^
as aforesaid, the trustees of schools shall cause their treasurer ]',^"J^°to '"*'
10 return to the school commissioner of the proper county,, chool com'r

fr76 SCHOOLS.

within ten days after said election, all the books, papers,
notes, and effects appertaining to the school fund of said town-
ship, and said commissioner shall receive and receipt for the
same, and shall file said books, papers, notes, and effects in his
office, and shall open an account with the said township in the
same manner as though the same had never been incorpo-
rated.
, , Sec 4. In case the trustees of schools, or either of them,

be appoinied shall fail to attend at the time of an election as herein provid-
it trustees failed, judges of election may be appointed as provided in the six-
«?eot'^ons iie(^ section of the "act providing for organizing and main-
taining common schools," approved February twenty -sixth, one
thousand eight hundred and forty-one, who shall make return
as hereinbefore pointed out and directed.
» 11 u u , Sec, 5. The poll book of the election for dissolvincr the in-
he returned to corporation , m case a majority ot all the legal voters in said
ichoolcom'r township be in favor of a dissolution, shall be returned to the
school commissioner of the proper county, and by him filed in
his office.

Approved, February 23d, 1843.

In force, AN ACT concerning the sixteenth section, township one south, range five
F«b. 23, 184S, • west, lying in the counties of Washington and Clinton.

Jfreamble

Whereas, section number sixteen, in township number one
south, of range number five west, lying in the counties of
Washington and Clinton, having been sold by the school

commissioner of Washington county, on the day of

, one thousand eight hundred and forty or one thousand

eio;ht hundred and fortv-one, on a credit of one, two and
three years to the highest bidder; and whereas, doubts
having existed as to the legality of said sale, on account of
a majority ot said section lying and being in the county of
Clinton; and whereas, on account of said doubt?, the school

commissioner of the county of Clinton did, on the

day of , one thousand eight hundred and forty-two,

proceed to re-sell said section according to law, reserving,
however, from sale ior ferry privileges lotd number tive
and six; therefore,

Sec. 1. Be it enacted by the People, of the State of lllinoi»^
represented in the General Assembly^ I'hat the sale made by
Sale of school the school commissioner of the county of Clinton be good and
lands made valid in law to all intents and purposes, and that the school
Jjj^J^jf^^jP^°°^ commissioner of Washington county be and he is hereby re-
Clinton co. quired t^ re-deliver to the first purchasers of said section, on
legalized their application ior llie .*ame, all notes, mortgages and other
evidences of debt whatever, on account of said lirst sale, and
make record thereof on the proper books in his office, and
preserve the same; Providedf hoiuver, the said township shall

SCHOOLS. 277

be liable for the costs of ^aking notes and mortgages, and re-
cording the same for the tirst sale.

Sec. 2. It shall be the duty of the school commissioner of School com^
the county of Clniton,on or before the tirst Monday in May of Clinton »»
next, to sell, on the premises to the highest responsible bidder, J**^^ ''|*'^ ^ * ^
for cash down, lots number five and six in said sixteenth sec-
tion, which were reserved from sale by the school commis-
sioner of Clinton county for ferrv privileeres, the purchaser or „
purchasers thereof to be allowed the privilege oi borrowmg ^jay j^jorroir
the purchase money by complying with the laws which may money
exist at the time of said sale, in relation to the loaning of
money belonu;ing to the school or township funds.

8ec. 3. The said purchaser or purchasers of the said lots, PurchHser to
and their successors, shall have and enjoy all the ferry priv- ^^7'^/*^''''^
ileges belonging to or in any wise pertaining to the said six-^*^^^* ^^**
teenth section, forever; Provided^ however^ that the said pur-
chaser or purchasers, as the case may be, or their successors,
shall, within or before the exjuration of three years from and
after the day of sale of said lots, make or cause to be made

above hi^h water mark, the road leadino^ to and from said '^'^ make a
r • *u • u /* u L • ' • • J certain rortii

lerry m the river bottom, by bringing, causewaying and

throwing up, or leveeing, so as to aflbrd at all times a good

and safe passage for all waggons and other vehicles travelling

thereon.

Sec 4. The county commissioners' court of Washington Ferry to be
county shall always have the power from year to year to reg- ""^S"^^'®''
ulate and fix the rates of toll or ferriage to be received for
crossing at said ferry, also, of assessing a tax on the same, if
they shall think proper, from year to year; which tax shall be
collected as other assessments are, and paid into the town-
ship treasury, to be applied as other township funds are.

Sec. 5. The school commissioner of Clinton county shal], Notice of
previous to the day of sale, give notice thereof by posting up 8«^e how
written advertisements in both counties, as now required tD^^^*^"
be done by law regulating the sale of school lands in this •

Stave, and b) giving at least four wee!;s notice in the nearest
newspaper published to said land.

Sec (3. If the school commissioner of Clinton county shall Duty of co.
fail or refuse to comply with the provisions of this act, then co"^'"*" J"^
and in that case it shall be the duty of the school commis-j!^^
sioner of Wnshington county to carry into effect the provi-
si ns of this act as soon thereafter as he can advertise the
same according to law.

Approved, February 25d, 1S43.

278

SCHOOLS.

In force, AN ACT to enable the inhabitants of school townships in Hancock connty
Feb. 25, 1843, to purchase the school lands therein.

Sec. 1. Be it enacted by the People of the State of Illinois^
Purchaser! of ^^Z'^^^^^^^^*^ ^^^ ^^^^^^^^ Assembly, That the school commis-

oo. may be
released of
iheir notes,
&c.

Conditions

•ec. sixteen sioner of Hancock county, or the trustees of townships, as the
in Hancock case may be, are hereby authorised and required to cancel
and release to the purchasers of section sixteen, in township
four north, of range nine west, in said county, or to their le-
gal representatives, all notes, bonds, mortgages, and other
evidence of indebtedness, given by said purchasers to the
school fund of said township, whether the same or any part
thereof have been prosecuted to judgment or not, upon the
said purchasers releasing to the State, for the use and benefit
of said townships respectively, all right, title, and claim they
may have acquired to the said school lands therein, and pay-
ing all interest due upon the purchase money up to the twen-
ty-third day of August, one thousand eight hundred and forty-
two, without reference to the forty-second section of "an act
for organizing and maintaining common schools," approved
February twenty-sixth, one thousand eight hundred and forty-
one, which interest may be paid ir. real estate, at two-thirds ol its
appraised value, the same to inure to the State tor the benefit
of the inhabitants of said townships, as other school lands, and
the said school commissioner or trustees, as the case may be,
are hereby vested with full power and authority to make such
final settlement with said purchasers as is just and equitable,
having reference to the rights of all the purchasers and their
securities, as well as the interest of the said townships.

Sec 2. In case any legal inability exists on the part of any
of the purchasers aforesaid, or their legal representatives, in
iston pari*o'f ^^^^^^^'^^^^^ of minor heirs, or in any other way, to release to
purchasers in the State their interest in and to any part or portion of said
consequence lands, it shall be the duty of said commissioner or trustees, to
foreclose the mortgage given upon the same, and proceed to
sell and purchase, at the price at which it was originally sold,
the said lands, and to proceed to collect interest upon the same
up to the said twenty-third day of August, one thousand eight
hundred and forty-two, without reference to the forty-second
section of an act entitled "an act making provisions for or-
ganising and maintaining common schools," approved Febru-
ary twenty-sixth, one thousand eight hundred and forty-one;
and the circuit court of said county is hereby vested with
power as a court of chancery, to make such orders and de-
crees in the premises as may appear just and proper; Provided,
that in ho instance shall any thing be allowed to any of the
purchasers of said lands for any improvements or erections
made thereon.
Kxtent of the Sec. 3. This act shall extend to, and be in force, in relation
act to all other townships in said county, when two thirds of

the legal voters of said townships shall petition the school com-

How to pro-
ceed If any
liabilities ex

ofmiiiimum
prices

SCHOOLS.

279

missioner or trustees, to avail themselves of its provi-
sions; Provided^ the purchasers of school lands in said town-
ship?, or their legal representatives, express a desire in writ-
in^ to relinquish the same, or any part thereof, under the pro-
visions herein contained.

Sec. 4. The school commissioner or trustees of such town- School comr*«
ships in Hancock county as may acquire title to land in the may lease
sixteenth sections, or elsewhere, under the provisions of this '*"'^"
act, shall have power|to lease the said lands, or any part there-
of, for any term not exceeding ten years; which letting shall
be at public auction, with previous general notice; by adver- -^
tisement, for thirty days, to the highest bidder for the same,
reserving an annual or semi-annual rent for purposes of
schools in said townships, and the said commissioners or trus-
tees shall be authorised to sue and be sued by the title of com-
missioner or trustees as a corporation, in relation to such lea-
ses and the rent reserved, and may distrain for rent in arrears
as in other cases. This act to be in force from and after its
passage; Provided, however, the school commissioner of Han-
cock county, or the trustees oi school lands, as the case may
be, shall not be compelled to carry this act into effect in rela-
tion to town four north, of range nine west, in said coun-
ty, until they make application in manner and form set
forth in the third section of this act.

Approved, February 25th, 1843.

AN ACT organizing a school district in the county of Iroquois, and au- In force,

thorizing the sale of school lands therein. Jan. 21, 184S.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That all that part of Formation erf
town twenty-seven, situated in range ten, in Iroquois ^^.^°°^ *^^''
county, be and the same is hereby attached to and shall form
a part of the school district situated on range number eleven
west, township twenty-seven north, in said county, and shall
be subject to all the rules and regulations, 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 Iroquois county Sale author!-
be and he is hereby authorized to sell all the school lands sit- zed
uated in range ten, town twenty-seven north, in said
county, upon the presentation to him of a petition containing Pe^i'^o° 'or
the names of a majority of the legal voters of said range ten,*^
town twenty-seven, signifying their willingness and desire
to have the same sold.

Sec. 3. That said school commissioner shall be governed in S^*!® to coa-
all respects in the sale of said school land as now governed in '^°^°] '" ^^^'
the sale of other school land in said county.

Sec. 4. That the fund arising from the sale of the school

S80

SCHOOLS.

Fund how land, situated in range ten, shalj be used for the benefit of the
^PP^^ school district composed of ranges ten and eleven, in town

twentv-sevea north, so long as the said ranges shall com-
pose one school district, and no longer.
Approved, January 21st, 1843.

In force, AN ACT organizins^ a school district in Vermilion counij, and author-
Jan. 28, 1843. izing the sale of school lands therein.

Sec, 1. Be it enacted by the People of the State of Illinois ^
Town 17. r. represented in the General Assembly, That all that part of town
10 attached seventeen, situate in range ten, in Vermilion county, be
U ul7^^' ^"^ ^^^ same is hereby attached to and shall form a part of
the school district situate on ranpe ek.ven, town seven-
teen, in said county, and shall be subject to all the rules and
regulations, and enjoy all the privileges and advantages, which
by law the school district, situate in range eleven, is now sub-
ject to or enjoys.

„ . . Sec. 2. That the school commissioner of Vermilion coun-

How certain , i . i i i • > ■ i i i •

■chool lands ^Y be and is hereby autnorizcd to sell all the school lands sit*

may be sold uated in range ten, town seventeen, in said county, upon

the presentation to him of a petition containing the names of

four-fifths of the legal voters ol said range ten. town seventeen^

signifying their willingness and desire to have the same sold.

Sale how ^Ec. 3. That said school commissioner shall be governed

made in all respects, in the sale of said school lands, as now govern

in the sale of other school lands in said county.

Application ^Ec. 4. That the fund arising from the sale of the school

of fund lands situated in range ten shall be used for the benefit of the

school district, composed of ranges ten and eleven, in town

seventeen, so long as the said ranges shall compose one

school district and no longer.

Approved, January 28th, 1843.

In r(»rce, AN ACT to legalize defective returns of the school directors and treasu-
Feb. 3, 1843. rers of townships in the counties therein nuiijed.

Sec. 1. Be it enacted by the People of the State of lllino s^
Time extend- ''^^^^•^^^^^^^^ ^^^ Gf'>^^^^l '/Assembly, That the returns of the
ed for tnis- treasurers of school trustees of the several townships, and the
tees in Jack- returns of the trustees of school lands in townships not incor-
ton counHes Pirated in the counties of Jackson and Clinton, to the school
to make re- commissioners of said counties, of the number ot white chil-
tnrns dren under the age of twenty years, residing within the sev-

eral townships in said counties, that have not been made, and
where made, have not been in conformity with the law now
in force, there shall be further time to perfei;t and make said

SCHOOLS. ' iJ8I

returns until the first day of May next, to make and perfect
ihem, where the same are illegally made, and to make re-
turns where the same have not been made in the counties
afore -aid.

Sec. 2. All moneys in the hands of the school commission- ComVa requi-
ers of saidcounties subject to distribution, which have not beenf^^^^' ^° 'iisiri-
distributed, shall be by the said commissioners as soon as the ^^** "*""®J'
provisions of this act shall have been complied with, and the
said commissioners, in apportioning the same, shall make the
apportionment according to the number of children returned .
according to the provisions of this act, and in manner and how made"*
form as is now provided for by law; any thing in the laws
heretofore in existence to the contrary notwiLhstanding. This
act to take effect from and after its passage.

Approved, February 3d, 1843.

Al^ ACT to alter the provisions of "nn act making: provisions for organir- In f-rce,
ing and maintaining common schools," approved Fehruary 26 h, 1841. Feb. 20, 1843.

Sec. 1. Beit enacted by the People of the State of Illinois^
represented in (he General Assembly^ That in r«ny case where ,j,.j^g^^^^^_
the school directors of any school district, or the trustees ofiicd tor fur-
school lands in townships not incorporated, have failed or ne- wishing num-
glected to furnish the number of white childien under the^^g^ ^'
an;e of twenty years for the years of our Lord one thousand
eight hundred and forty-one and forty-two, as directed and
required by the ninety-second section of the "act making pro-
visions for organizing and maintaining common schooU," ap-
proved February twenty sixth, one thousand eight hundred
and forty -one, it shall be lawful to furnish the number of such
children, on or before the tirst day of AJay, in the year of our
Lord one thousand eight hundred and forty three, and in any
case where the number of such children shall be so furni>h»'d,
such school districts or townships not incorporated, shall he j^j^f^, entitled
entitled to receive their respective portions of the school, col- to their por-
lege,and seminary fund not heretofore distributed, and which ^*'^'"*^^®*^^°"*
is hereafti r to be dislributrd; any thing in the ninety-fi'th
section of the said act to the contrary notwithstanding. This
act to take effect from and after its pnssnge.

Sec. 2. That the Secretary of State he required to have xhis act to
this act published in the paper of the public printers immedi-be publisbed
ately after its passage.

Approved, February 20th, 1843.

^2 SEMINARIES.

Tn forse, AN ACT relating to Bchoole in township thirty-five north, of range twelve
Mar. . 1843. east, in Will county.

Sec. 1 . Be it enacted by the People of the State of IllinoiSf

„ , . represented in the General Assembly. That the trustees of

Relating to -'; , i . « i • . ^ i r ^

school lands schools oi townshipUhirty-iive north, oi range twelve east, in

in Wilco. Will county, are hereby authorised and empowered to settle
with the purchasers of school lands in said township, and in
all cases wherein they may deem it for the interest of the
school fund of said township, they may take from the the pur-
chasers a re-conveyance of said lands hereafter sold, and dis-
charge the debts due for the same upon the purchasers paying
all interest due upon the debts so to be discharged.
Approved, March 4th, 1843.

in force, AN ACT to amend an act entitled "an act to incorporate the Rock river
Fej. 3, 1843. eeminurj, in Ogle county, Illiuois,"

Sec. 1 . Be it enacted by the People of the State of Illinois,
represented in the General JJssembly, That the seminary men-
Location tioned in the act to which this is an amendment shall be lo-
cated in town twenty-four north, range nine, east of the
A»,r, ot\„- ♦ fourth principril meridian, and on section twenty-seven, in
iug:§oftrus- ^gl^ county, Illinois. the trustees shall hold at least one
tees meeting in each year for business, and may appoint other

inS^mav™be^"^^'^^^^ meetings of the board; special meetings may at any
called" time be held by order of the president or any three members

Board of visi- of the boaid, a majority of whom shall constitute a quorum to
a»poTmed^^ ^^ business; and it shall be lawful for the Rock river confer-
ence of tlie Methodist Epis-copal church to appoint annually
Powers of a board of visitors consisting of six persons, who shall have
visitors power to sit with the bo^rd of trustees, at their annual meet-

ings, and participate with them ex-officio as members of the
board, in the appointment of the board of instruction, and fil-
linsj vacancies in the board of trustees, as provided for in the
tenth section.
Jlepeal of 9th Sec. 2. T'he ninth section of the act to which this is an
eection amotHlment shall be and the same is hereby repealed.

Approved, February 3d, 1843.

In force, AN ACT to incorporate the Monticello Female Seminary.

Feb. 23, 1843.

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

represented in the General Assembly^ That Theron Baldwin,

Enoch Long, Winthrop S. Gilman, Benjamin Godfrey, and

Monticello Cvrus Edwards, and their successors, be and they are hereby

Female semi- created a body politic and corporate, to be styled and known

nary incorpo- ijy ^]^^ name of the trustees of Monticello Female Seminary,

and by that style and name to remain and have perpetual

SEMINARIES.

283

succession. The said seminary shall be and remain at Monti-
cello, in the county of Madison. The number of trustees shall
never exceed five, including the president of the seminary,
who shall be ex-ofiicio a member of the board of trustees.

Sec. 2. The objects of said corporation shall be the promo- Object
tion of female education.

Sec. 3. The corporate powers hereby bestowed shall be<^€'neral
such only as are essential or useful in the attainment of saidP°^^"
object, and such as are usually conferred on similar bodies cor-
porate, to wit: 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 property,
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.

Sec. 4. The trustees of said corporation shall have author- Ponrerg &dtt-
ity from time to time, to prescribe and regulate the course of^^'°^ ''""'*
studies to be pursued in said institution, to fix the rates of
tuition, and other expenses, to appoint instructors, and such
other officers and agents as may be necessary in managing the
concerns of the institution, to define their duties, to fix their
compensation, and to displace or remove them, to erect neces-
sary buildings, to purchase books, chemical and philosophical
apparatus, and other suitable means of instruction, to make
rules for the general government of the affairs of the institu-
tion, and for the regulation of the conduct of the students.

Sec. 5. The trustees for the time being, in order to have shall hav«
perpetual succession, shall have power to fill any vacancy succession &
which may occur in the board, fron) death or otherwise. Three ^'^ vacancies
members shall constitute a quorum to do business.

Sec 6. It shall be the duty of the trustees to appoint oneghau appoint
of thoir number a treasurer, who shall be required to give treasurer
bond, with sufficient security, in such penal sum as the board
may prescribe, conditioned for the performance of such duties
as the by-laws may require of him.

Sec 7. The said institution shall be open to all denomina-Qpen to all
lions of christians, and the profession of any particular religi- ebristfana
ous faith shall not be required of those who become students.

Sec 8. The trustees shall faithfully apply all funds collect- Funds how
ed, or hereafter to be collected, for said seminary, according to applied
their best judgment; Provided, that in case any donation, de-
vise, or bequest, shall be made, for particular purposes, accord-
ant with the objects of the institution, and the trustees shall
accept the same, every such donation, devise, or bequest,

^S4 * SEMINARIES.

shall be expressly applied in conformity with the condition
prescribed by the donor or devi&or.
Approved, February 23d, 1843.

In force, AN ACT fo incorporate the Juliet Seminary, and to elevate the primary
Mar. 4, 1843. school in township thirty-five north, of ran^e ten east.

Sec. I. Be it enacted by the People of the State of Illinois,
Trustees of represented in the General Assembly^ That all the school dis-
JuHetlnsti- tricts in township thirty five north, range ten east, in Will
tute incorpo- county, which shall, by a vote of two-thirds of the legal vo-
ters in the respective districts, elect to avail themselves of
the benefits of this act, shall be undv3r the control of a board
of education, to be known by the name and style of the
trustees of the Juliet Institute.
Nnmber^of Sec. 2. The board of trustees of said institute shall con-
trustees sist of nine members, of whom the county commissioners of
the county of Will for the time being, shall be three, and
the school commissioner of said county shall be one, and the
residue shall be elected annually by the legal voters in the
district which shall become incorporated under the provi.-ions
of this act; and said trustees shall hold their offices until their
successors are qualified; and said trustees, when so elected
and qualified, in conjunction with the other trustees, shall be
authorised to execute the powers granted by this act, and in
all cases a majority of said trustees shall form a quorum for
the transaction of business. Said board of trustees shall be a
body politic and corporate, with power to sue and be sued,
plead and be impleaded, in all courts of law or equity in this
State.
General pow- Sec. 3. The board of trustees shall have and exercise all
*•■■ the powers granted by the laws of this State to the trustees
of schools of township thirty-five north, of range ten east,
over the districts subject to the provisions of this act, and
shall be subject to the same liabilities. They may purchase
and hold real estate to them and their successors in perpe-
tuity; they may also sell and convey the same or lease the
same, as may be deemed for the interest of the institute;
they may also hold and control, as aforesaid, real estate or
pergonal property, whether purchased or donated; Pj^ovidedy'
that all donations made to said institute shall be faithlully
applied according to the true intent of the same. Said trus-
tees shall have power to build such buildings as in their
opinions the interest of the institute requires; Provided, that
the buildings for teaching the higher branches of learning
shall be located within the village of Juliet, West Juliet, or
some one of the additions to Juliet.
Power* Sec 4. Said board of trustees shall also have power to
create such departments of learning as they may deem expe-
dient and consistent with their means, and to appoint thereto

SEMINARIES. 285

and employ, during pleasure, such teachers, professors, and
other persons as may be necessary, and to fix their compen-
sation; they may also establish by-laws for the government
of said institute, which laws, when published, not being in-
consistent with the laws of this State, shall be binding on
all persons connected with said institute.

Sec. 5. The annual meetings of said trustees shall be held on « .
the next Friday after the first Monday in June in each year, Jnigteea
and the quarterly meetings on the Fridays next after Ihe first
Mondays in September, December, and March, and until
otherwise ordered, shall be held at the court house in Juliet,
and at such meetings they may adjourn from time to time for
the necessary transaction of business. Special meetings of
the board may be held, upon written application of any three
of the members to the remaining members, naming the time.
The trustees shall organise at their first meeting in June next,
by choosing a president from am.ong their members by ballot,
and a secretary, who shall keep a record of their proceedings
in a book to be provided for that purpose, which shall be at
all times accessible to the trustees and treasurer. They shall
also elect a treasurer of the institute, who shall, so far as is
consistent with this act, be subject to all the regulations and
restrictions, and be under the same bonds and penalties, and
receive the same compensation, as treasurers of townships are
and do by law.

Sec. 6. The funds of the Juliet Institute shall consist, first, in whai fuid«
of that portion of the funds of township thirty-five north, of»^»l> cttnsisi
range ten east, which may belong to such of the school dis-
tricts in said townships as shall decide to place their respec-
tive share of said funds in the institute by a vote of two-thirds
of the legal voters in said district respectively; secondly, so
much of said township's share of the school, college, and semi-
nary funds, including its share of said funds due from Cook
county, as shall in like manner be placed in said institute, by
the vote of the districts as aforesaid; thirdly, of said town-
ship's share of the college and seminary funds appropriated, or
which may be hereafter appropriated, to Will county; fourth-
ly, of all donations of every kind which may be made to said
institute, whether of lands, money, evidences of debt, or other
thing of value. Said township, and college, and seminary funds,
to be loaned out as township funds are now required by law
to be loaned out, and the interest to be annually applied in
support of said institute.

Sec. 7. If in any of the aforesaid districts in said township, {Surplus how
after paying all tuition, there shall remain a surplus of inter- disposed of
est, the same may, at the discretion of the trustees, be appro-
priated to other departments of the institute, or be set apart as
a fund for building and improvements; Provided, however,
enough of said interest shall be annually added to the princi- ,

pal, to make good any unavoidable loss of said principal.

*286

SEMINARIES.

SEt. 8. The second and third items of the funds of the in-
stitute, and the interest arising from the fourth item, shall be
appropriated from time to time as the same shall be received,
to the support of teachers in the higher departments of the
institute, and for the incidental expenses of the same, unless
in the opinion of the trustees it be deemed for the interest of
the institute to set apart a portion of the said interest as a
fund for the purchase of ground and for building, or to keep
the fund good.
Trasfees may Sec. 9. Until the necessary buildings shall be erected the
lure suitable ♦fustees of the institute may hire suitable rooms for schools,
schools ^^^ ^^^ schools for the primary branches of instruction shall

always be located at such convenient places among the in*
habitants as shall best accommodate the inhabitants who
shall accept the provisions of this act, without reference to
the limits prescribed in the third section of this act.

^ . Sec. 10. In prescribing the terms of admission to the higher

r»o preference , . r i • .-^ r i . i i • °

in terms of departments ol the institute no preierence shall be given to

admission the scholars of said township over other scholars in Will

ofscholars cOUiity.

VacancT how ^^^* ^^' If by death, permanent absence, or resignation,
filled or refusal to act, the number of trustees shall be reduced, the

remaining trustees may, by ballot, elect from the citizens of
said township others to fill the vacancies until the riext an-
nual election.
Funds to be Sec. 12. Upon the organization of the trustees of the Juliet
delivered to Institute, the election of the treasurer thereof, and the ap-
ireasurer ppoval of his bond by the trustees, the clerk of said board of
trustees shall record the same and give an abstract thereof to
the treasurer of the institute, and upon presentation of such
abstract to the treasurer of the ^trustees of schools of the
township, he shall immediately deliver over to the treasurer of
the institute all of its chare of the tow^nship funds, whether
the same be in cash, notes, bonds, mortgages, or other evi-
dences of indebtedness.
Certain town Sec. 13. To facilitate the objects of this institute, the towns
to constitute of Juliet, East Juliet, and West Juliet, with their additions,
isinct f^^y^ jf ^^Q legal voters shall so elect, constitute one school
district, and in such case the powers and duties of school di-
rectors of the same shall vest in the trust3es of the institute.
Sec. 14. No compensation shall be allowed to the trustees
receive^o** of the Juliet Institute except for necessary expenses actually
compengation incurred in the discharge of their duties. Their clerk may
Clerk's fees be allowed, at the discretion of the trustees, a sum not exceed-
ing t«^o dollars per day for every day actually employed in
the necessary discharge of his duties, and one-half that amount
for each half day so employed.

Sec 15. If at any time two-thirds of the legal voters of any

school district which ^hall have become incorporated in said

*"p"^^'pjj°^ institute shall elect to become separated from the same, they

shall thereupon be separated from said institute, and in that

STATE DEBTS. 287

case the share of sa'd district, (to be ascertained by relative
number of scholars, under the age of twenty years, within Proportion of
the same) of the township funds, and of the interest of the '^""^* ^«''^^'**
school, college, and seminary funds, shall be returned to the*
treasurer of the trustees of the township or to the school com-
missioner of the county for the use of said district.

Sec. 16. The act approved the twenty-sixth day of Febru-
ary, A. D. one thousand eight hundred and forty-one, entitled ^fPJ'j,^*'^"^^^!^
"an act to legalize certain proceedings of the inhabitants and
trustees of schools, of township thirty-five north, of range ten
east, in Will county," shall be construed to apply to and con-
firm the proceedings of said inhabitants and trustees had and
done in the year A^ D. one thousand eight hundred and forty,
and not in the year A. D. one thousand eight hundred and
thirty-nine, as inserted in said act by mistake.

Approved, March 4th, 1843.

AN ACT to authorize a settlement with Macalisier &, Stebbins, ami further In force,

to diminish the State debt. Mar, 4, 1843.

Whereas, Messrs. Macalister & Stebbins, of the city of New Preamble
York, have received from John D. Whiteside, Fund Com-
missioner, of this State, eight hundred and four interest
bonds of this State, of one thousand dollars each, on hypoth-
ecation, and seventy-one internal improvement bonds from
the said Fund Commissioner on deposite, or otherwise; and
also, bonds and scrip from Michael Canada, to the amount of
thirty-eight thousand two hundred and fiiteen dollars and
forty-four cents, upon which said securities the said Macalis-
ter and Stebbins claim the credit of an advance of two hun-
dred and sixty- one thousand and five hundred dollars, on or
about the seventeenth day of June, one thousand eight
hundred and forty-one, upon which interest is due; and
whereas, further, although the said Fund Commissioner was
not authorized by the laws of this State to hypothecate said
interest bonds, nor is it the intention of the Legislature, by
the passage of this act, to legalize the same; yet it appear-
ing that the above sum of two hundred and sixty-one thou-
sand and five hundred dollars has been applied to the use of
the State, and the Legislature being desirous of making
provision for the payment of all moneys advanced for and
applied to its use; therefore.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General *^ssembly, That the Auditor of Pub-
lic Accounts be and he is hereby required to issue his war- Auditor to !•*
rants upon the treasury, to the said Macalister and Stebbins, Jo^jJaJau'ster
for the sum of two hundred and sixty-one thousand and five & Stebbins
hundred dollars, with interest from June seventeenth, one
thousand eight hundred and forty-one, as follows: twenty thou-

288 STATE TREASURY.

sand dollars to be paid in 1844, and fifty thousand dollars an-
Proviso nualiy thereafter, until the whole amount is paid ; jPro?;fdec?,

that previous to the issuing of said warrants to said Macalis-
ter and 8tebbins, thej shall surrender to the Auditor of Pub-
lic Accounts the bonds and other State liabilities described
in the preamble. The amount of bonds and scrip surrendered
to be in proportion to the warrants to be issued, so that w^hen
the whole amount of warrants for the said sum of two hun-
dred and sixty-one thousand and five hundred dollars, with the
interest, shall have been issued, the whole amount of bonds and
other liabilities which were hypothecated and deposited and
Macalister & as described above, shall have been surrendered; said warrants
Stebbins to ^q j^^ar interest payable annually; Provided^ that the said Ma-
Sm^eTildebt- calister and Stebbins shc-ll first surrender of the securities
•daess herein named, the seventy-one internal improvement bonds,

and the thirty-eight thousand two hundred and fifteen dollars
and forty-four cents of scrip.
Appropria- Sec. 2. That any money in the treasury, after defray ing the
tion to pa J ordinary and current expenses of the State, is hereby appro-
warranis priated to the payment of said warrants as they respectively

mature.
Warrants Sec. 3. That in case any of said bonds shall be presented

may be drawn to the Auditor by any other person or persons than the said Mac-
mher^^^rson ^Hster and Stebbins, the Auditor may issue his warrants upon
LldingTaid"^ the treasury as aforesaid to the holders thereof, and the amount
bunds* of said warrants shall be charged against the amount which is

now due Macalister and Slebbins; Provided, the holders of
said bonds shall be required to furnish the Auditor satisfacto-
ry testimony that the amount claimed by them was loaned
upon the hypothecation of said bonds, and that no part of it
has been repaid them by Macalister and Stebbins; And pro-
vided, further, that the amount to be paid to said person or per-
sons shall not exceed twenty-six per cent.

Sec. 4. That the first, second, fourth, fifth, sixth and sev-
enth sections of an act entitled "an act to provide for the pay-
ment of interest an the public debt," approved February
27th, 1841, be and the same is hereby repealed.
Approved, March 4th, 1843.

, , AIS ACT relating to the State trcasurj.

In force,^ ^

Mar. 4, 1843. ^ . . ■, c r m- •

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

represented in the General Assembly, That the present Fund
Fund Com-r Commissioner be and he is hereby required to pay over to the
to pay money State Treasurer all notes of the State Bank of Ilhnois, and of
iHto Stale j^g Bank of ilhnois at Shawneetown, together with all other
treasury ,-,-,oneys or other funds belonging to the State, and take the

Treasurer's receipt therefor.

STATE HOUSE, 289

Sec. 2. The Treasurer is hereby directed and required to To collect
proceed, withoutdelay, to demand and collect theamount due ^^'"^"j^^®
to the State of Illinois from James Barret and other agents, Barrett
who may have still in their hands funds or moneys due to or
belonging to the State, and give his receipt therefor.

Sec. 3. The Treasurer shall, on or before the sixth day of s. Bank pa-
March instant, pay out the money so received, together with per how paid
all other money in the treasury, upon all Auditor's warrants,^'"'
issued after the passage of this act, and presented to him for
payment, at the rate of fifty per cent, discount.

Sec. 4. The Governor of this State is hereby authorised to Gov. to re-
take all such steps as may be necessary to obtain the amount of ceivemonej
all moneys to be received by this State from the United States, ^^"^^^^g^^^^^
under the law providing for the division of the proceeds of pub-
lic lands, and also all money now on hand, and hereafter to
be received, of the three per cent fund, from the United
States, shall be paid into the treasury of this State, under the
provisions of laws now existing, out of which said moneys so
received and paid into the treasury the Treasurer is hereby
required to pay all warrants hereafter to be issued, or which l^^-^^ h^'fT^^
have been issued on account of interest due on the school, pf^jj
college, and seminary fund, for the year one thousand eight
hundred and for^y-two, and the balance of said funds, when
received, be placed in the State treasury, and paid out as other
moneys are.

Sec. 5. The said treasurer shall proceed to pay out any Residue to be
money remaining in his hands thereafter, on any warrants paid on war-
which may be presented, at the rate of fifty per cent, discount, '^^°*'
for said bank notes and specie at par.

Approved, March 4th, 1843.

AN ACT relative to the roof of the State House. In force

Jan. 24, 18iS.

Sec. 1. Be it enacted hy the People of the State of Illinois^
represented in the General Assembly, That the Secretary Sec. of State
oi State be directed to employ immediately some suitable ^^^T^P^^^ ^°®^
person or persons to repair the roof of the State House with House
with suitable materials, having reference to durability and
competency to prevent the same from leaking.

Sec 2. The sum of six hundred dollars be and the same is AnnroDria-
hereby appropriated out of any moneys in the treasury not tion of $600
otherwise appropriated, to carry into effect the provisions of
the first section of this act. This act to take effect from and
after its passage.

Approved, January 24lh, 1843.
19

1290 ^ STATE HOUSE. — STATE LIBRARY.

In force, AN ACT making an appropriation to finish part of the State House.

Jilar. 4, 1843.

Sec. 1. Be it enacted by the People of the State of Illinoi^^
represented in the General Assembly, That the sum of two
State House thousand dollars is hereby appropriated for the finishing of
appropna ion ^^^ ^^\\ q{ the House of Representatives, and the sum of four
hundred dollars is hereby appropriated (in addition to the six
hundred dollars already appropriated) for the repairing the
roof of the State House.
„ Sec. 2. The sums appropriated bv the first section of this

ded act shall be under the control and direction of the Secretary

of State, Auditor, and State Treasurer, who shall proceed
forthwith to have the roof of the State House repaired in a
safe and durable manner, so as to secure the building from in-
jury, and shall, previous to the sitting of the next Legislature,
procure the finishing of the Hall of the House of Representa-
tives; and the Secretar}' of State, Auditor, and State Treasu-
rer, in the discharge of the duties required of them by this
act, shall be subject to the provisions of "an act requiring the
Secretary of State and State Treasurer to take charge of the
public buildings, and for other purposes."
Approved, March 4th, 1843.

In force AN ACT concerning the State Library.

Dec. 15, 1842.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That the books now bc-
State library longing to the State, and such as shall be hereafter pur-
constituied chased or received by the State, except the law books now in
the custod}' of the clerk of the Supreme Court, and such ad-
ditions as hereafter may be made to them, which shall remain
under the direction and control of the Supreme Court, shall
be kept in the office of the Secretary of State, and shall com-
pose the State library.
Sec. of State Sec. 2. The Secretary of State shall be librarian, and
to be librarian take charge of the library and all papers, maps, and charts
properly belonging thereto, under such regulations as arc
hereinafter established, and shall take special care that none
of them be lost or injured.
Books may b« Sec. 3. Books maybe taken from the State library by
taken from the members of the General Assembly and their officers during
library ^^^^ session of the Legislature, and at any time by the Gover-

nor and the^officers of the Executive department of this State,
who are required to keep their offices at the seat of govern-
ment, the justices of the Supreme Court and Attorney Gen-
booksTo^be ^"^^^J ^''^^vided^ that no person shall be permitted to take or
taken at a detain from the library more than two volumes of miscella-
^inie neous works at any one time.

Sec. 4. The librarian shall cause to be kept a register of

, TAXES. 291

all books issued and returned at the times they shall be so l^"'y of libra-
issued and returned, and none of the books, except the laws, "^"
journals, and reports of this State, which may be taken from
the library by members of the Legislature or their officers,
during the session, shall be retained more than two weeks, t

and all the books taken by members of the General Assem-
bly or their officers, of every kind, shall be returned at the
close of the session.

Sec. 5. If any person injure or fail to return any book ta- Penalty for
ken from the library, within the time prescribed in the forego- injuring or
ing section, he shall forfeit and pay to the librarian, for the booj/,^*"'"^"^
beneht of the library, three times the value thereof or of the
set to which it belongs; and before the Auditor shall issue

his warrant in favor of any member or officer of the General Auanornot
. 1 1 r I • • 1 • I • 1 1111 ^o isiue war-

Assembly, tor his services during the session, he shall be sat- rants to mem-

isfied that such member or officer has returned all books ta- bers till books

ken out of the library by him, and has settled all accounts for *'® returned

injuring such books or otherwise.

Sec. 6. All fines and forfeitures accruing under and by Fines how
virtue of this act shall be recoverable by action of debt before returned
any justice of the peace or court having jurisdiction of the
same, in the name of the people of the State of Illinois, for
the use of the State library; and in all such trials the entries Entries ©f li-
ef the librarian, to be made as hereinbefore described, shall branan to be
be evidence of the delivery of the book or books, and of the
date thereof; and it shall be his duty to carry this act into
execution and sue for all injuries done to the library and pen-
alties under this act.

Approved, December 15th, 1842.

AN ACT to authorize the county commissionera of Lee county to levy In force,

a tax. Teh. 2, 1843.

Sec. 1. Be it enacted by the People of the State of Illinoif^Lee co. auth-
represented in the General Assembly^ That the county com- orised to levy
missioneis' court of Lee county are hereby authorized to levy ^"
a yearly tax, not exceeding one and one-half per cent, on
every one hundred dollars worth of taxable property, for Expiration of
county purposes, until the lands brought into market, at the **^^
land office at Dixon, on the thirtieth day of May, one thou-
sand eight hundred and forty-two, shall become taxable. This
act to be in force from and after its passage.

Approved, February 2d, 1843.

292

TAXES.

In force, AN ACT in relation to the taxes of 7u]ton county for the year one thoa-
Mar. 1, 1843. sand eight hundred and thirty-nine.

Sec. 1. Be it enacted by the People of the State of Illinois,
Collector of represented in the General Assembly^ That Cannah Jones, col-
|jj|^'g"°^°-^^"^ lector in and for the county of Fulton, for the year one thou-
leci unpaid sand eight hundred and thirty-nine, be and he is hereby author-
taxes for that ised to proceed to advertise, obtain judgment against, and sell
>'^^"* ail tracts or parcel oi lands or town lots for which the taxes

for said year remain due and unpaid, in like manner as he
could have done had he sold said delinquent lands in said year
one thousand eight hundred and thirty-nine.
Lnndssold 8ec. 2. Ail lands and lots sold under the provisions of this

S^tiVn ^^"'^^^ ^^^^^ ^^ subject to redemption the same as in other cases
of land sold at tax sales ; Provided, that the redemption of lands
sold under the provisions of this act shall not atfect the neces-
sity of redemption from prior tax sales.
Approved, March 1st, 1S43.

build shoo]
houses

In force, AN ACT to authorise the levying of taxes for school purposes in townsbip
Mar. 4, 1843. cievea north, range one east.

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

r I 1 . .represented in the Genera:l Assembly, That whenever a majority

lohabitantsof T , i i • i- • i • .• >i i '^i i-

a certain ^i the legal voters residmg witlim any one oi the school dis-

school district tricts in township numbered eleven north, of range one, east of

fnithorised to ^)^q fourth principal meridian, in the county of Knox, shall

levy a tax to , . ^ ^ , i u • *^ i i i

deem it necessary to buy, build, or repair a school house or

school Iiouses, or to purchase a site for the erection of a school
house or school houses, in their districts, they may request the
school directors of such district, in writing, to call a meeting
of the legal voters within said district. The said school direc-
tors, upon such request, are hereby authorised and required
to call such meeting, by posting up notices at five of the most
pubhc places in their district, of the time when, and the placs
where such meeting shall be held, at least fifteen days before
the time of meeting; two of the said school directors shall pre-
side at said meeting, one of whom shall act as clerk, and if a
majority of the legal voters in said district shall vote to levy a
tax for either the purposes aforesaid, then a vote shall be taken
as to the sum to be levied, and the vote shall be first taken on
the highest sum proposed, and so down, until a majority of
all the legal voters within the said district shall agree.

Sec. 2. The school directors, if the said voters shall vote
to levy a tax as aforesaid, shall appoint some suitable person
to assess all property \y'in^ within the said district, and be-
longing to the inliabitants of said district, who shall make re-
turn of his assessment to the said directors within twenty days
after he shall be appointed. He shall receive such compen-

Directors

may appoint
an assessor

TAXES. 293

sation as the school directors may think reasonable*, and shall
take an oath faithfully to discharge the duties of his office.

Sec. 3. It shall be the duty of any constable of the justice's which imxy
precinct within which such school district may lie, upon being be collected
directed by the said school directors, to collect all such taxes ?7^ conata-
as by the vote of the district shall be levied, and to pay over
all moneys, when coliected,tothetreasurer of thesaid township,
within fifteen days after such collection, except five per cen-
tum, which he shall retain for his services, taking the receipt
of the treasurer for the same; and the said treasurer shall keep
all moneys so received separate and apart from all other funds
in his possession, and shall hold them subject to the order of
the said directors, and shall be responsible for them, as for other
school funds in his possession.

Sec. 4. The school directors of any such school district, or
a majority of them, shall furnish the collector of the said taxes
with a warrant in the following form, which shall be his au-
thority to collect the same in the manner therein directed:
State of Illinois,

County of Knox. ^

To A. B., collector of school district numbered , in

township eleven north, range one east, Greeting: In the^'^"'™^^
name of the people of the State of Illinois:, you are hereby ^^5^^^"^^"^!
commanded to collect from the inhabitants of said school dis-tax
trict the several sums of mone / wr-itten opposite their respec-
tive names in the annexed list, and within sixty days after re-
ceiving this warrant, to pay the amount of money collected by
jou into the hands of the treasurer of said township, and if any
one or more of the said inhabitants shall neglect or refuse to
pay the same, you are hereby further commanded to levy on
the personal goods and chattels of each delinquent, and make
sale thereof according to the law regulating the collection of
State and county taxes within this State.

Given under our hands this dav of , A. D. 184 — .

Tax list annexed. P. N , ) ^j , i

C. D. $2 00 M. Y , i ^?c^i^^^

H. W. 1 50 C. H , ) directors.

And the said constable, and his securities in his official constable &
bond as constable, shall be responsible for the due perform- his securities
ance of his duties in this behalf, as in other cases, when ^^^^^® ^°'' ^^®
he may be required to collect and pay over moneys, or do any S^ctTd ^^ '
other act of similar nature in his official capacity as consta-
ble, and suit may be maintained against him and his securities
aforesaid, in the name of the treasurer of said township, for
any defalcation, dereliction, misfeasance, malfeasance, or
non-feasance in the duties required of him to be perform-
ed by this act, nnd the sum or sums recovered in such suit or
suits shall be for the use of and subject to the control of the
school district by whose directors [directions] the said con-
stable shall have been required to collect as aforesaid.

Sec. 5. As soon as a majority of the voters of any such

^4 ' TOWN PLATS.

Directors may school district shall have agreed to levy a tax as aforesaid, for
sa^rivTr^buiM-^^^^ purpose of buying or repairing a school house, the school
iTig school directors of such school district are authorised to receive pro-
houses posals for building or repairing a school house in said district,
and the lowest bidder, who is sufficiently responsible, offering
to do the same, according to the plan and specifications of the
said directors, shall receive the contract.
Directors Sec. 6. If a majority of the voters of any such school dis-
school"h©uBe^ ^^^^^ ^^^^' agree to levy a tax, as aforesaid, for the purpose of
purchasing a school house already erected, then it shall be the.
duty of the school commissioner of Knox county to appoint
three disinterested discreet persons to appraise the value of
the house proposed to be purchased, in cash, and the said ap-
praisers, having been notified of their appointment in writing,
under the hand of the said commissioner, shall take and sub-
scribe an oath, faithfully and justly to make the said appraise-
ment, before some justice of the peace of said county of Knox,
and shall appraise the said house, and certify their said ap-
praisement in duplicate, one copy of which shall be returned
to the said commissioner, and one delivered to the said direc-
tors, and in no case shall the said directors give for [any]
house to be purchased by them, a greater sum than the said
appraisement; and the treasurer of said township shall pay to
the said appraisers, a reasonable compensation, not exceeding
two dollars per day, cut of the funds of the district, for which
they shall have performed services under this act.
p , . Sec 7. Any oflicer required to perform services or duties
certain cases "'^der this act, who shall wilfully violate those duties, or ne-
glect to perform such services, shall be liable to indictment,
and to be fined in any sum not exceeding five hundred dol-
lars.
This act how ^^c. 8. That all the provisions of this act shall be applica-
applied ble to township seventeen north, of range eleven, west of the
third principal meridian, lying partly in the county of Morgan
and partly in the county of Cass, and for that purpose, all ne-
cessary alterations shall hereby be considered to be made in
the foregoing act so as to enable its provisions to be ap-
plied to the said township as aforesaid.
Approved, March 4th, 1843.

In force, AN ACT to vacate a part of tlie town plat of Wesley city, in the county of
Feb. 3, 1843. Tazewell.

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

Viino(p]ai of represented in the General Assembly, That all that part of

Wesley city the plat of Wesley city, in the county of Tazewell, as re-

Tacated corded and lies north of Division and east of Wall street; also,

north of Clark and west of Washington street; and also, all

blocks and streets in John Anderson's addition to Wesley

city, and which lies and embraces the north half of the west

TOWN PLATS.

half of the south-west quarter of section six, town twenty-five
north, and ranoje four west, be and the same are hereby re-
pealed; Provided, always, that the vacating of the aforesaid
plat does not in any respect operate to the disadvantage of the
residue of said town.

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

Approved, March 3d, 1843.

2d5

AN ACT to correct a mistake in tire platting and recording of the plat of In force,

Peru. Feb. 23,1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the eastern sixty made public
feet of section seventeen, in the Ninand addition of the town
of Peru, north of Main street in said addition, shall be and
remain and the same is hereby declared to be a public street.

Sec. '2. That the eastern boundary line of the plat of the Ni- Provision for
nand addition of the town of Peru, on section seventeen, north of eastern bnun-
Main street, in said addition, shall commence upon and be ^^J. ?^ ^^^^
the same with the western line of the eastern sixty feet,'
which by the first section of this act is declared to be a public
street.

Sec. 3. That the recordcrof La Salle county shall alter and Recorder to
amend the plat of the Ninand addi tion of the town of Peru on ^™eud plat
record in his office, so that the same shall be made to conform
to the original survey of said addition, and to the provisions
of this act.

Approved, February 23d, 1843.

AN AC'T to vacate the town plat of Reedfield, in the county of Pike. In force,

Feb. 23. 1843.

Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the entire town Town plat
plat of the town of Reedfield as surveyed and laid out is here-
by declared to be vacated; Provided, no individual rights ac-
quired by deeds or otherwise in said town shall in any manner
be prejudiced by this act.

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

Approved, February 23d, 1843.

AN ACT to amend the act entitled "an act concerning a town plat therein In force,

named," approved February 17th, 1841. Feb. 24, 1843,

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Josiah Handle, of
Madison county, be and he is allowed the further time of

296

TOWNS.

Time extend- three months from and after the passage of this act to comply

tocor^pw'^^"^**^ *^^ requisitions of the act entitled "an act changing a

with terms of town plat therein name^l," approved February seventeenth,

certain act one thousand eight hundred and forty-one; any thing in the

aforesaid act to the contrary notwithstanding. This act to

take effect and be in force from and after its passage.

Approved, February 24th, 1843.

In force, AN ACT to correct the record of the plat of the town of Charleston,
Mar. 2, 1843. Peoria county, and to change the name thereof.

Prea*fible

Recorder of
Peoria co to
correct cer-
tain errors

Whereas, the plat of the town of Charleston, in Peoria coun-
ty, is recorded as being upon the south-west quarter of sec-
tion twenty-four, in township ten north, and five east, of
the fourth principal meridian, when in fact it is located
entirely upon the north-west quarter of said section; and
whereas, the said plat is recorded in an inverted position,
the north being changed for the south side thereof; there-
fore.

Sec. 1. Be it enacted by the People of the State of Illinois j
represented in the General Assembly. That the recorder of Peo-
ria county be authorised and directed to correct the aforesaid
errors, as they appear of record in his office.

Sec 2. That the name of said Charleston be and the same
is'hereby changed to that of Brimfieid.
'Approved, March 2d, 1843.

In force, AN ACT to amend an act entitled an "act to incorporate the town of Ot-
Slar. 6, 1843. tawa, and for other purposes," approved July 21st, 1837.

Sec. 1. Be it enacted by the People of the State of lUinois^
Boundaries represented in the General Assembly , That the second section of
an act entitled "an act to incorporate the town of Ottawa, and
for other purposes," approved July twenty-first, eighteen hun-
dred and thirty seven, be so amended as to read as follows:
*'all that district of country contained in section eleven, in
township thirty-three north, of range three, east of the Uiird
principal meridian, is hereby declared to be within the limits
and boundaries of said town of Ottawa."

Sec. 2. Be it further enacted^ that the third section of said
act be and the same is hereby repealed; that the fourth sec-
tion of said act be so amended as to read as follows: "the cor-
porate powers and duties of said town, shall be vested in five
trustees, who shall form a board for the transaction of busi-
ness." That the fifth section be amended hy striking out the
word "September,'* and inserting in lieu thereof, "May." That
section seventeen, of said act, be amended by striking out the
word "September," wherever it occurs in said section, and

Tliird sec. of
act repealed

Fifth sec.
amended

17th section
amended

TOWNS'. 29?

inserting the word "May" in its place. This act to be in force
from and after its passage.
Approved, March 4th, 1843.

AN ACT to change the name of the town of Saratoga, in the county of In force,

Union. Jan. 521, 1843.

Sec. 1. Be it enacted by the People of the State of /'^^^^ow, g^j.j^jQ
reprtsented in the General Assembly^ That the word Western changed t©
be and the same is hereby added to the name of the town of Western Sar-
Saratoga, situated in the county of Union, and State of Illi-^ "^^
nois, and the n^me of the said town is hereby declared to be
Western Saratcjiga.

Approved, January 2Ist, 1843.

AN ACT to re-locate First street, in the town of St. Charles, in Kane In force,

couutj. Jan, 24, 1843.

Sec. 1. Be it enacted by the People of the State of IlHnois
represented in the General Assembly^ That Darwin Millington, Com'rs to re-
Elisha Freeman, and Leonard Howard, be and are hereby locate street
appointed commissioners to review and re-locate a part of
First street, in St. Charles, Kane county, on the west side of
Fox river.

Sec. 2. Said commissioners, orany two of them, shall meet Time «& place
in the town of St. Charles on the first Monday in April next, °^™^^""o
or some other day thereafter, and after having been duly To be sworn
sworn by some justice of the peace to the faithful discharge
of their duty, as required by this act, shall proceed to review
and re-locate said First street as follows, to wit: beginning Street how
fifty-five feet south of the corner of Main and First streets, re-locaied
thence running north-west across the north-east corner of lot
number four, in block number thirty-nine, as described on the
recorded town plat of said town of St. Charles, until it strikes
Main street twenty-two {^et from the corner of Main and
First streets.

Sec. 3. After said commissioners shall have located said Map to be
street, as provided for in the foregoing section, they shall '"^^^,^°^ ''®'
make out a map of the same and return said map to the office corder's of-
of the recorder of Kane county, which map shall be recorded fice
by the said recorder; and every thing relative to said map
shall be done in accordance with an act entitled "an act pro-
viding for the recording of town plats," approved February
27th, 1833; P?'ot'ic/ec/, that it shall not be necessary for the Proviso
county surveyor to survey the same, but that the certificate
of the said commissioners shall be sufficient to entitle the same
to record.

Sec. 4. All parts of the present streets that are changed

298 * TOWNS.

Parts of pre8- by the said commissioners shall, after the re-location of and
ent streets opening of the said new location, be vacated, and said street
when so located shall be and remain a public street, and shall
be opened and kept in repair as other public streets are.
Approved, January 24th, 1843.

In force, AN ACT to vacate the alleys ia William H. Reed's, Thomas W. Lilly's,
Feb. 2, 1843. and William Elliott's addition to the town of 01ney,in Richland county.

Sec. 1. Be it enacted by the People of the State of Illinois^
Cert \in alleys ^^P^^sented in the General Assembly^, That all the alleys in the
in Olney ra- additions to the town of Olnev, in Richland county, made by
^'^^ WilHam H. Reed, Thomas W'. Lilly, and William Elliott, be

and the same are hereby vacated, and the said alleys appro-
priated in equal proportions to the lots being contiguous;
ProTiso Provided, the assent of the owners of lots shall first be obtained,

which assent shall be obtained in writing, and recorded in the
recorder's office of Richland county; And provided further^
that the alleys in either of said additions shall be vacated
whenever the owners of lots in said addition shall assent
thereto in writing; which written assent shall be recorded in
the recorder's office of Richland county.
Approved, February 2d, 1843.

In force, AN ACT to authorise S. J. Chapman to add an addition to the town of
Feb. 2, 184^. Vienna, in Johnson county.

Sec. 1. Be it enacted hy the People of the State of Illinois^
Addition to represented in the General Assembly^ That Samuel J. Chap-
town of Vi- m«n, of Johnson county, be and he is hereby authorised to lay
enna autho- off and divide the south-east quarter of section five, in town-
ship number thirteen, in range three, east of the third
principal meridian, into streets, alleys, lots, out-lots, and
public squares, and make the same an addition to the town
of Vienna, in the said county of Johnson; the said lots
to be laid off in blocks, and to be numbered, to begin with
number next after the highest number of lots in the said
town of Vienna, and to continue until sixty lots shall be added
to the said town; the said blocks to be laid off in such a size
as will make the streets of said land to be laid off to corres-
Lots to be pond with the streets of the old town of Vienna,
laid off Sec. 2. That said Samuel J. Chapman may,' in addition to

the said sixty lots, lay off a portion of the said south-east quar-
S '{ add* ' ^^'^ o^ section five, into one and two acre lots,
to belaid out ^Ec. 3. That the said Samuel J. Chapman, in laying off the
in conformity said quarter section of land, shall in all things conform a'.id com-
tolaw pi^ ^-^j^ ^j^g requisitions of an act entitled "an act providing

for the recording of town plats," approved February twenty-
seventh, one thousand eight hundred and thirty-three, and

TOWNS. 299

shall be liable to all the forfeitures and penalties thereby im-
posed.

Approved, February 2d, 1843.

AN ACT to repeal the laws incorporating the town of Chester. In force,

Feb. 16, 184.1.

Sec. 1. Be it enacted hy the Pecyple of the State of Illinois*
represented in the General Assembly^ That all acts and parts of ^J^*=<^''P"'"^-
acts incorporating the town of Chester, in the county of Ran- jg°° ° j^jg^^J'
dolph, be and the same are hereby repealed.

Sec. 2. It shall be the duty of the president and trustees Property to
of the town of Chester to sell and dispose of all the property be sold to paj
belonging to said town, and to pay, with as little delay as prac- ^^^'^
ticable, all debts due and owing by the said corporation, and
for that purpose, they shall levy and collect such taxes as niay j^^? ™^^
be requisite, and shall exercise all the power, enact and en-
force all such ordinances, as may enable them to do so prompt-
ly and without unreasonable delay. The limits and bounda- Limits of in-
ries now constituting the town of Chester shall hereafter be acorporatioa
district for the election of justices of the peace and constables.
The first section of this act shall take effect on the first day of This act
August, 1843. The second section shall be in force from and"^^*^" ^"^^^'^^
after its passage; Provided^ that said corporation shall not be Proviso
dissolved uniil all the debts hue by said corporation are paid.

Approved, February 16th, 1843.

AN ACT to change the name of the town of St. Marian, in Ogle county, to In force,

that of Buffalo. Feb. 20, 1843,

Sec. 1. Be it enacted by the People of the State of ^^^^'^oist ^^^^^ ^^
fepresented in the General Assembly^ That the name of the town changed
town of St. Marian, in the county of Ogle, and State of Illinois,
be and the same is hereby changed to that of Buffalo, by which
name it shall be hereafter known and distinguished in law; Pro- change not
vided, however, that the change of the name of said town shall to affect con-
in no wise affect contracts or conveyances heretofore made and ^^^^^^
entered into, or any other legal transactions whatever. This
act to take effect and be in force from and after its passage.

Approved, February 20th, 1843.

AN ACT to vacate the town of Rock Island city. In force,

Feb. 20, 1843.

Sec. 1 . Be it enacted by the People of the State of Illinois, repre-
sented in the General Assembly^ That the entire town plat of thor)^","?, ^ °/
town ol Kock Island City, in the county of Kock Island, as vacated
laid out and recorded, is hereby declared to be vacated.

Approved, February 20th, 1843.

300 TOWNS.

In force, AN ACT to learalize the survey of ihe town of Mount Vernon.

Feb. 21, 1843,

Sec. 1. Be it enacted by the People of the State of Illinois^
Surrej of represented in the General Assembly, That the survey of the town
Vernon \e^i\-^^ Mount Vemon,in Jefferson county, made by John Storms,
ized in the year one thousand eight hundred and forty, and the

plats and profiles made by him of said survey, are hereby le-
galized, and shall be taken and received in all courts as prima
facie evidence of the facts therein contained and set forth,
and the beginnings, endings, boundaries, and abuttals thereby
established, are hereby legalised and confirmed.
Approved, February 21st, 1843.

In force, AN ACT to change the name of the town of Florence, Ogle county, to
Feb. 21, 1843. that of Oregon.

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

Name of ttiwn ^^^^^^^^^^ ^^ ^^^ G-e?ieral Assembly, That the name of the

changed town of Florence, in the county of Ogle, originally platted

and recorded by the name of Oregon City, shall be and is

hereby changed to that of Oregon, by which latter name it

shall be known and called in all public records and documents;

and in all legal transactions where it shall be necessary to

name said town, the. name of Oregan shall be used; Provided,

ConiTa.cis not however , that nothing shall be so construed as to impair the

this^ct ^^ validity of any contracts or conveyances made and entered

into previous to the passage of this act. This act shall take

effect and be in force from and after its passage.

Approved, February 21st, 1843.

In force, AN ACT to change the name of the town of Greenfield, in Warren county,
Feb. 23, 1843. to that ot Greenbuah.

Name of Sec. 1. Be it enacted by the People of the St uie of Illinois,

iovvn changed f.Qpj.Qsented i?L the General Assembly, Thsii the name of the
town of Greenfield, in the county of Warren, and State of
Illinois, be and the same is hereby changed to that of Green-
bush.

Approved, February 23d, 1843.

In force, AN ACT in relation to the town of Manchester.

Feb. 23, 1843.

heste

Sec. 1. Be it enacted by the People of the State of Illino%

represented in the General Assembly, That the persons living

qiSiJIa- within the incorporated limits of the town of Manchester,

bor on roads subject to do road labor, shall be required to labor the same

number of days on the roads, streets, alleys and lanes in said

TOWNS. 301

town, as now or may hereafter be provided by law regulating
the labor to be done on roads; Provided^ the said citizens ofProviio
Manchester shall not be required to work the roads more
than one-half mile each way from the centre of said town.
Approved, February 23d, 1843.

AN ACT changing the name of the town of Harrisburg, in Whiteside In force,

county. Feb. 23, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly , That the name of the Name of
town of Harrisburg, in the county of Whiteside, is hereby town changed
changed to that of Sterling, and the whole of the towns here-
tofore known as Harrisburg and Sterling, shall hereafter be
called and known in law as Sterling; Provided, that the
change of the name of said town of Harrisburg shall in no
wise affect contracts heretofore made and entered into in re-
lation to said town. This act to be in force from and after its
passage.

Approved, February 23d, 1843.

aN act to change the name of Portland, in Cook coanty, to the name of In force,'

Blue Island. Peb.24, l843i

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the name of the Name of
place called Portland, in Cook county, Illinois, is hereby al-P'^*'®^
tered and changed to Blue Island, and the same shall hereaf-^ ^^^^
ter always be known and called by such name of Blue
Island.

Approved, February 24th, 1843.

AN ACT to change the name of the town of Georgetown, in Kendall In force,

county. Feb. 28, 1843.

Sec. 1. Be it enacted by the People of the State of Illinois, rep- Name of
resented in the General Assembly, That the name of the town town changed
of Georgetown, in Kendall county, be and the same is hereby
changfid to that of Newark. This act to take effect from and
afier its passage.

Approved, February 28th, 1843.

302 TOWNS,

In force, AN ACT to repeal the twenty-first section of an act entitled "an act to
Aug. 7, 1843. amend the incorporate powers of the town of Pekin, and to provide for
the election of an additional justice of the peace and constable in the
Pekin precinct, [Tazewell county.]

Sec. 1. Be it enacted by the People of the State of Illinois,
^^"e^^^d^^* rejore5en^e(f in the General Assembly^ That the twenty-first
section of an act entitled *'an act to amend the incorporate
powers of the town of Pekin," be and the same is hereby
repealed.
p , . , Sec. 2. On the first Monday of August, one thousand eight

may elect ad- hundred and forty three, one justice of the peace and one con-
ditional jus- stable, in addition to those now allowed by law, shall be elect-
tice «fe con- ^j ]^y ^.j-^g qualified voters of the Pekin precinct, who shall
have the same jurisdiction and be governed oy the same regu-
lations as other justices of the peace, and shall continue in
office until their successors are elected and qualified. This
act to take effect and be in force from and after the first Mon-
day in August, one thousand eight hundred and forty-three.
Approved, March 1st, 1843.

In force, AN ACT to amend an act entitled *'an act for the re-surrey of the lowc
Mar. 2, 1843. town of Carlyle, in Clinton county .

Sec 1. Be it enacted by the People of the State of Illinois^
Re-survey of represented in the General Assembly,, That Zophar Case be ap-
lower town of poji^^ej^ in place of William C. White, one of the commission-

Carljle * , - -j *

■' ers named m said act.

Expenses Sec. 2. To defray the expenses incurred in the re-survey

how paid of said town, the county commissioners' court of Clinton coun-
ty, shall levy a tax on all the lots within the limits of said town
to the amount necessary to pay the same, which shall be col-
lected in the same manner that is provided for the collection
of State and county taxes.
Part of act Sec. 3. Section six of the act to which this is an amend-

tepealed ment, and all other parts thereof which comes within the pur-
view of this act, is hereby repealed.

Sec 4. This act to take effect from and after its passage.
Approved, March 2d, 1843.

In force, AN ACT in relation to the streets running through out-lots in the town of
Har. 2, 1843. Vaudalia.

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

Duty of CO. represented in the General Assembly, That it shall be the duty

com'rsin re- ^f (j^q county commissioners" court of Fayette county, to de-

Btreetfl signate and enter upon their records such streets, heretofore

laid out through the out-lots of the town of Vandalia, which

were declared to be abolished by the fifth section of an act

TOWNS. _ 303

entitled "an act to locate a State road therein named," ap-
proved February twenty-seventh, one thousand eight hundred
and forty-one, which they shall deem necessary to be reserved
and kept open for the use of common passage; and such
streets, so designated, shall not be sold or disposed of but shall
be kept open as other streets are.

Sec. 2. That it shall and may be lawful for the county „„ .

•'.,,,, , , •' rarts or cer-

commissioners' court to contraet with, sell, and convey, to the tain streets

owner or owners of any out-lot or lots of the town of Van- may be sold
dalia, the one half of each of the streets running through the
out-lots of said town, lying immediately in front and adjoin-
ing to the lot or lots which such person or persons shall own,
except such streets as shall be designated and reserved ac-
cording to the first section of this act; and the money arising
from such sale and conveyance shall be paid into the county
treasury, and to be appropriated to defray the expenses in
keeping in repair the former State House, in the town of
Vandalia.
Approved, March 2d, 1843. \

AN ACT to change the name of a town, and for other purposes. In force,

Mar. 3, 1848.

Sec. 1. Be it enacted by the People of the State of Illinois ^
represented in the General Assembly^ That the name of the Name of cer-
town of Van Buren, situated in Lawrence county, be changed cha'nced"
to that of Jackman's addition to the town of St. Francisville,
and that Main street leading through the town of Van Buren,
from north to south, be so changed as to intersect St. Peters'
street, in the town of St. Francisville. This act to be in force
from and after its passage.

Approved, March 3d, 1843.

AN ACT to change the name of Bowling Green, in the county of Warren, In force,

to that of Berwick. ' Mar. 3, 1^43.

Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly^ That the name of Bowling ^ame of
Green, fn the county of Warren, be and the same is hereby town changed
changed to that of Berwick.

Approved, March 3d, 1843.

304 T0W2»S.

[n force, AN ACT to authorise the owners o^ real estato in the corporation of
Mar. 3, 1843. Lynnville to vote for the purposes therein named.

Sec. 1. Be it enacted by the People of the State of Illinois^
OwncTBofreRl represented in the General Assembly, That all acts and parts

estate may ^^ ^^^^ q£ ^j^g General Assembly of the State of Illinois, which

vote lor cer~ .

tain purposes authorise and empower the president and trustees oi the town

of Ljnnville, in Morgan county, to levy a tax on the real es»
tate within the corporate limits of said town, so far as they
relate and apply to said town, conferring the power to levy a
tax as aforesaid, be and the same are hereby repealed; Pro-
vided, that a majority of the legal voters, who own real estate
within the limits of the corporation of said town, shall, at the
next regular election for trustees for said town, vote for the re-
peal as aforesaid.

Sec. 2. There shall be two columns opened on the poll
books of the election aforesaid, one for and the other against
the repeal of the acts as aforesaid, and the votes polled for and
against the repeal of the acts as aforesaid shall be kept and
preserved in the same manner that the votes polled for the
election of the trustees aforesaid are kept and preserved.

Approved, March 3d, 1843.

In force, AN ACT to incorporate the town of Macedonia, in Hancock county, and
Mar. 3, 1843. for other purposes.

Macedonia

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the Genei'al Assembly, That the inhabitants and

incorpoVated residents of the town of Macedonia, in Hancock county, are
hereby made a body corporate and politic inlaw, by the name
and style of the "Trustees of the town of Macedonia," and by
that name shall have perpetual succession, sue and be sued,

Powers plead and be impleaded, defend and be defended, in all courts

of law and equity; and in all matters and actions whatsoever
may grant, purchase and receive, and hold property, real and
personal, within said town, and may lease, sell and dispose of
the same for the benefit of the town, and may do all other
acts as natural persons; may have a common seal, and break
and alter the same at pleasure.

Sec. 2. The corporate powers and duties of said town shall

\ela^ '^"^^ ^^ vested in seven trustees, (to be chosen and appointed as
hereinafter directed) who shall form a board to do business.

Qaalifioation Sec. 3. The members composing the board of trustees shall

of trustees be elected by the persons residing within said town, qualified
to vote for representatives to the Legislature, to serve for one
year; they shall be at least twenty-one years of age and in-
habitants of said town.

Boundaries ^^^* ^* That the boundary of said incorporated limits be
and the same is hereby declared to extend to the prescribed

TOWNS. 305

limits of the town p]at as recorded in Hancock county, and
that the jurisdiction of said corporation shall be co-exlensive
with the limits of said town.

Sec. 5. The boardshall, at iheir first meeting, elect one of Board to elect
their number president, and shall have power to fill all vacan-^ pTcsident
cies in the board which may be caused by death, resio-nation, ^^ ^^^^
or six months absence irom town; to appomt a clerk, an asses-
sor, a treasurer, and town constable, who shall give bonds in
any amount as the trustees may require. The constable
shall take the oath o{ oliice before some justice of the peace, p^^^^ ^^^^
and it shall be his duty to collect all fines, and serve ail pro- coostable
cess, at the suit o( the corporation, and do such other business
pertaining to the oflice as may be required of him by the by-
laws and ordinances of the corporation. The board shall be Powers ♦f

iudf:es of the qualifications, elections, and returns of their own ^°^''^ '^
. . . . trustees

members; a majority shall constitute a board to do business,

but a smaller number may adjourn from day to day, and com-
pel the attendance of absent members, in such manner, and
under such penalties, as the board may provide. They may
determine the rules of proceeding, and by the concurrence of
two-thirds of the whole number elected, expel a member; and
make such other rules and regulations for their government
as to them may seem proper and expedient.

Sec 6. That the board of trustees shall have power, by or-
dinance, to levy and collect taxes on all real estate within the
limits of the corporation, not exceeding one per cent, upon
the assessed value thereof, except as hereinafter excepted; to
make regulations to secure ths general health of the inhabi-
tants; to prevent and remove nuisances, to provide for licen-
sing, taxing, and regulating merchants, auctions, taverns, gro-
ceries, and pedlars, theatricals and all other shows and amuse-
ments, to restrain gaming and otherdisorderly houses; toestab-
lish and repair bridges, establish and regulate markets, to open
and keep in repair streets, drains, &c., to regulate the police of
the town, to regulate the election of town officers, to fix their
compensation, and from time to time pass such ordinances as to
carry into eflfect the objects of this act, and the power hereby
granted, as the good of the inhabitants may require, and to im-
pose and appropriate 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
ordinances made in pursuance of this act of incorporation, any
justice of the peace within said corporation shall have ju-
risdiction to hear and determine the same, and an appeal may
be taken, and writs of certiorari allowed from any such deci-
sion, as is now, or may be hereainfter provided by law for ap-
pealing from judgments of justices of the peace.

Sec. 7. That upon the application of the owners of two- May Isvy eps-
thirds of the lots on any street or part of street, it shall be '^^•^ ^."^^ ^°^
lawful for the board of trustees to levy and collect a special po^^" ^**^"
20

30C T0WN3.

tax on the owners of said, lots, according to their respective
fronts, for the purposes of grading and paving the side-walks
of said street.
Real estate ►^Ec. 8. That whenever any real estate shall have been
sold for taxes sold in said town by the authority of said corporation, the
may be re- game shall be subject to redemption, by the owner refunding
the purchase money, with twelve per cent, interest on the
amount, together with the costs,
©ficerstobe Sec. 9. That every officer of said corporation shall, before
^^^^^ entering upon the duties of his office, take an oath of [or] af-

firmation before some judge or justice of the peace, to sup-
port the constitution ol the United States and of this State,
and faithfully to demean themselves in office.
®r(iiDan«e to Sec. 10. That all ordinances of said trustees shall be fairly
be published written out, and published in a newspaper published in the
town, or posted up at three of the most pubhc places in town,
and no ordinance shall be in force until published as afore-
said,
.hwtieepand Sec. 11. That all justices of the peace and constables, who
constable's are required to render services under this act, shall be entitled
^^^ to the same fees, and collect them in the same manner as now

is or may be hereinafter provided by law.
iMeeiin's of Sec. 1*2. That the president, or any two of the trustees,
hoard ma j be shall have power to call a meeting of the board by giving one
called day's previous notice thereof.

ElectioM Sec. 13. The first Monday of May next, and on the first

Monday of May in each and every year therealter, an elec-
tion shall be held at some convenient place in the said town
of Macedonia, for the election of the seven trustees hereinbe-
fore mentioned.
„. 1 . Sec. 14. Joseph E. Johnson, William McLeary, and Ben-
how conduct- j^nfilii Andrews, are hereby appointed to conduct the first clec-
e«l tion for the said seven trustees herein provided foruhey shall

give ten days notice of the time and place of holding said
election, by notices to be posted up in three of the most public
places in said town; and at the time and place appointed two
of said persons shall act as judges and one as clerk of said
election; the election s^hall be conducted as other elections
are, and after the polls are closed they shall add up the votes
and declare who is elected, and notify the persons so elected
thereof; the persons elected shall, within one week after their
election, take the oath of office herein provided for, and pro-
ceed to organize by electing one of their number president,
and by appointing a clerk; and so soon as they have organized
as aforesaid, the persons who conducted said election shall
return the poll books to the board of trustee.^, who shall cause
the same to be filed and preserved by their clerk. Said board
shall prescribe the mode of conducting all elections after the
first election, and the town of Ramus, from and after the pas-
sage of this law, shall be known and designated as the town

TOWNS. $07

of Macedonia, and this law shall be in fall force and effect fronn
and after its passage.

Approved, March 3d, 1843.

1843.

AN ACT authorizing an additional justice of the peace and constable, in Jn force
the Fountain Green precinct, in Hancock county. j^^j. (j ig^

Sec. 1. Be it enacted by the People of the Stale of Illinois^
represented in the General Assembly. That one justice of the A^'*^.'^^°°*!
peace and one constable, in addition to the number now al- constable
lowed by law, shall be elected in the Fountain Green pre- elected
cinct, in Hancock county; which justice of the peace and
constable so elected shall reside in the town of Macedonia in
said precinct.

Sec. *2. The county commissioners' court of Hancock coun- Election
ty are hereby required to cause an election to be held on the
first Monday of August next, and at each quadrennial election
thereafter, for one justice of the peace and one constable in said
precinct, in addition to those now allowed by law; the justice of
the peace and constable so elected shall be commissioned and
sworn into office as otherj ustices of the peace and constables are,
and shall hold their offices until the next general election for
justices of the peace, and until their successors are elected
and qualified, as in other cases; and the justice of the peaqt;
and constable so elected shall have the same jurisdiction and
be governed in all respects by the same regulations as other
justices of the peace and constables in this State.

Approved, March 6lh, 1843.

M^ ACT to iticurporate the town of Winchester, in Scott county. Jq fonse.

Mar. 4, 18®.

Sec. 1. Be il enacted hi/ the People of the State of 11 lino's,
represented in the General Assembly, That the inhabitants and Town of
residents of the town of Winchester, Scott county, are here- .^i"chester
by made a body corporate and politic in law and fact, by the ^"^'^'"P"''^'^*
name and style of the ''President and Trustees of the town of
Winchester,-' and by that name they and their succcessors in
office, may sue and be sued, plead and be impleaded, in all ac-
tions in law and equity, may grant, purchase, receive and ^°'^"*
hold, real and personal estate, and may lease, sell and dispose
of the same for the benefit of said town; may do all other acts
as natural persons may do; and may have a common seal and
alter and change the same at pleasure, and shall have perpet-
ual succession.

Sec. 2. The boundaries of said town shall only include theg^^j^j
recorded plat of the town of Winchester and the several addi-
tions thereto.

artee

338 TOWNS.

Corporate Sec. 3. The corporate powers and duties of said town

puwersvesied , |, beygstcd in tive truslees, who shall form a boaid lor the
in five iru8- . r i • j ^i i i • n-

tees transaction oi business, and the persons who may be in oliice

as trustees in said town, under the general incorporation act of
this State, shall, after the passage of th's act, be deemed to
hold their oflices by virtue of this act till the tirst day of April,
1844, and to discharge their duties in conformity to the pro-
visions of this act.
To he elected Sec. 4. The trustees shall be elected annually on the first
auauiilJj Monday in April, to serve for one year, and until their suc-
Qualidcations lessors aro elected and qualified; they shall be at least tvvenly-
one years of age. Persons qualified to vote lor State ofiicers,
and who shall have resided within the limits of the corpora-
tion six months preceding the election, shall be eligible to
vote at all elections and town meetings.
Officers Sec. 5. The board of trustees shall appoint their president

from their own body, shall appoint all other officers of the
board, except town constable, and shall be judges of the
qualifications, elections and returns of their own members,
Koijce of ^^^ shall give five days notice, posted in three of the most
eieciinis public places in the town, or published in some newspaper in
said town, of the time v.nd place of holding elections to fill all
vacancies in said board occasioned by death, resignation, or
six months absence of any member thereof; which six months
absence shall be deemed to create a vacancy. A majority
sKali constitute a quorum to do business, but a smaller num-
ber may adjourn from day to day and cc>mpel the attendance
of absent members, in ^uch manner and under such penalties
as the board may provide; they may determ.ine the rules of
proceedings, and make such other rules and regulations for
their own government as to them may seem right and expe-
dient.
Other powers Sec. 6. The board of trustees shall have power to levy and
©f trusiees collect taxcs on all real estate in the town, not exceeding
one-half per cent, upon the assessed value thereof, except as
hereinafter provided; to make regulations to secure the gen-
eral health of the inhabitants, to prevent, abate and remove
nuisances, to erect and keep in repair bridges, to license and
regulate groceries, to license and tax auctions, pedlars, the-
atrical and otiicr shows of amusemiCnts where money is
charged for admittance, to restrain and suppress billiard tables
and tippling houses, to prohibit gaming and gaming houses,
bawdy houses and other disorderly houses, to prohibit the
, shooting of fire arms within the recorded limits of said town,

to prohibit the indecent exhibition of stallions and other ani-
mals, to establish, erect and regulate markets, to open and
keep in repair the streets, avenues, lanes and alleys, drains
and sewers, and to keep the same (tee from incumbrance; to
establisii and regulate a fire department for the prevention
and extinguishment of fires, the members of which shall be
exempt from military duty, and from serving on juries during

TOWNS. 309

their meir.bership, except in case of insurrection or invasion;
to rcgiiUte the police of the town, to regulate the election of
town officers, and to fix their fees and compensation, and from
time to time to pass such ordinances as are necessary to carry
into effect the provisions herein granted, as the good of the
inlifibitants may require; to impose and appropriate fines and
forfeitures for the breach of any ordinance, and to provide
for the collection thereof, and that in cases arising under this
act, or growing out of the by-laws or ordinances made in pur-
suance of this act of incorporation, any justice of the peace
within the incorporation shall have jurisdiction to hear and
determine the same; Provirled, alzuays, appeals may be taken
and writs o[ ccj^tiorari allowed as is now or may hereafter be
provided by law. '

Sec. 7. The trustees shall have power to regulate, grade, ^^^^'^ ^^'^
pave and improve streets, avenues, lanes, public squares and
alleys; to carry into effect the foregoing powers, the trustees
shall have power to hvy annually a road labor tax, of not
more than five days nor less than two, against every able bo-
died male inhabitant over tho age of twenty-one years and
under that of fifty, to be collected and expended in such man-
ner as they shall by their ordinance determine.

Sb:c. S, Upon the application of two-thirds of the owners Special tax
of real estate on any street or parts of streets, it shall be law- ^9^ pavJne:
ful for the trustees to levy and collect a special tax on the^^^'^ "''^^^^
owners of lots on said street or part of a street, according to
their respective fronts, for the purpose of grading and paving
the sid« walks in front of said lots.

Sec. 9. k^aid trustees, or a majority of them, shall have
power to preserve good order and harmony in said tov»'n,and
to punish open indecency, breaches of the peace, horse racing,
disorderly houses, riotous meetings or assemblages, and to
punish persons for making loud or unusual noises, or for dis-
turbing persons aiisembled at religious or other meetings, to
prevent the throwing of fire bails or firing of squibs; for which
purpose the trustees may make such by-laws and ordinances,
not inconsistent with the lawsof this State, as they |mayj deem
necessary or expedient to carry the provisions of this act into
effect, and impose fines for the violation thereof; which fines
shall be recovered before any justice of the peace in said
town.

Sec. 10. Ifc shall be the duty of any justice of the peace in Fines for
said town, and he is hereby authorized and empowered, on ^["^^chofor-
view or upon complaint being made to him upon oath, of the^^°^°^^^
vi(ilation of any law or ordinance of said corporation, to issue
his warrant directed to the town constable or to any au*^hor-
izj'd person, to apprehend the oflfender or offenders and bring
him or them forthwith before him, and after hearing the evi-
dence, if itshall appear that thi accused has been guilty of
the violation of any law or ordinance of the corporation to

310

TOWNS.

To be paid
:^'to town
triaeury

Mode of col-
Jeeiinj: tax

Ifnot redeem
ed deed to
\i9 made to
p«f«haser

impose such fine or imprisonment as is provided by the laws
of the Stale for the punishment of similar offences.

Sec. II. All fines or moneys collected for licenses granted
under the provisions of this act shall be paid into the town
treasury for the use of the inhabitants of the town.

Sec. 12. The trustees may adopt such modes and means
for the assessment and collection of taxes as they shall from
time to time deem expedient, and prescribe the manner of sell-
ing property when the tax levied upon it shall not be paid; Proxi-
c('e5, no sale of any real estate shall be made until public notice of
the time and place of sale shall be given by advertisement in
some newspaper in said town, or at four of the most public
places in said town, by putting up written notices containing
a list of said delinquent real estate at least thirty days previous
to the day of sale.
Real estate Sec. 13. When any real estate shall have been sold for

a«ld for taxes (axes as aforesaid the same shall be subiect to redemption in
»nt)iect to re- ,i .- i .i j -i i i r. ,

dempiion ^-"^ \in\e and on the terms now provided, or herealter to be

provided, by the revenue laws of this State for the redemp-
tion of real estate sold for State and county taxes; but should
the real estate so sold for taxes not be redeemed in the time
and manner provided by law, and if the purchaser, or other
person for him, shall have paid all taxes with which such real
estate shall have been charged up to the time when the right of
redemption shall expire, then a. id in that case it shall be the
duty of the president of the board of trustees to execute to
the purchasers a deed of special warranty, signed by the pres-
ident and countersigned by the clerk of the board* of trus-
tees.

Sec. 14. At every regular election of trustees there shall
also be elected one town constable, who shall be ex-officio
collector of corporation taxes, who shall have authority to ex-
ecute all writs, process, aiid precepts which may be i>sued
against any person for the violation of any of the laws or or-
dinances of the corporation, and to arrest on view all persons
who may violate such ordinances; to collect all fines or lorteit-
ures which may be assessed or recovered for the use of the
corporation, and the trustees shall require bond and security
of said constable in such sum as they may think proper. Said
constable to hold his office for one vear and until his succes-
sor is elected and qualified; shall have and possess the same
powers and perform the same duties in other respects, within
the limits of the corporation, as constables in the several dis-
tricts of the county possess and perform, and shall take the
same oath of office. The per cent, allowed the constable for
collecting taxes shall be fixed by the trustees.

Sec. 15. Trustees shall keep a well bound book in which
keep record shall be rccordcd, in a fair and legible hand, all by-laws, or-
of by- aws dinances, and precepts of said corporation, andnoby-lavv or-
& ordinances jj^jjjj^g ^j. pj-gj-ept gh^n \^q }„ foj-ce until the same shall have

been advertised, by posting up the same in at least three pub-

Constable to
ht elected

His powers
and fliutiea

fVustPes to

TURNPIKES.

311

lie places in said town, ten days previous tc the time the same
is to go into eflfect, or by publishing the same in some newspaper
in said town, nor until the same shall have been recorded and
signed by the president with the clerk's certificate attached
that the same has been approved by the board and advertised;
which record shall be evidence of the authority of said by-
laws, ordinances, or precepts that they have been legally en- ,
acted; Provided, that nothing in this act shall be so construed
as to prejudice any claim or vested right granted by or accru-
ing to any person or persons under the former act of incor-
poration.

Sec. 16. This act of incorporation may be annulled or Corporadnji
abolished by a vote of two-thirds of the legal v®ters of said ^'fj^g/ ^*'
town, at any regular election for trustees, ten days public no-
tice having^ been given of such intention; any law to the
contrary notwithstanding; Provided^ that if a dissolution shall
take place, no right shall be prejudiced or claim vitiated thai
may accrue under the provisions of this act or that may have
accrued under the former act of incorporation.

Sec. 17. This act shall not take effect until the same shall Act when to
have been submitted to a vote of the legal voters of said town; ^'^ ^ ^ ^^^
to effect which the trustees shall, at one of their regular meet-
ings, direct an election to be held in said town, and shall give
ten days notice of said election; three of said trustees shall
aci as judges and shall choose two competent clerks, who
together shall receive, count, and record all legal votes given
for or against this act of incorporation, and if a naajority of
all the votes given shall be in favor of this act, then this act
shall be in full force. The trustees shall tile and record the
poll books of said election, and said record shall be evidence
of the acceptance and adoption of this act.

Approved, March 4th, 1843.

AX ACT to provide for a change and re-loc^'ion of a part of the Darwin [n forcp,

and Charleston turnpike. Mar. 6, 1845,

Sec. 1. Be it enacted by the People of the State of Illinois, jy^^^^j^ and
represented in the General Assembly, That William M. Todd, Chester
of Shelby county, Harvey Chapman, of Christian county, and Turnpike
John B. Watson, of Sangamon county, be and they are here-
by appointed commissioners to view and examine so much of
the Charleston and Darwin turnpike road as lies between the
city of Springfield, in Sangamon county, and mile-post on said
road numbered 44, numbering from Springfield, and also to
view, mark, survey, and lay out a proposed route commencing
at mile post number 44, in Shelby county aforesaid, and run-
nino; from thence to Stonington city, in Christian county, thence
to Rochester, in San<;amon county, thence to Springfield, in
the county last aforesaid.

312 TURNPIKES.

ComVa to Sec. 2. Said commissioners, or a majority of them, shall

cate' road meet in the city of Springfield, at any time to be agreed on
by them, before the first Monday in the month of Octobir
next, and after having been first duly sworn to the faithful per-
formance of their duties, shall proceed to view and carefully
examine the said turnpike between the points aforesaid, and
also to view, survey, mark, and lay out said proposed route
from point to point in the manner prescribed by the act to ex-
tend the Darwin and Charleston turnpike from Charleston to
Springfield, and make report thereof conformable to the pro-
visions of that act; Provided^ that said commissioners shall not
be required to plant mile-posts as required by that act, but in
lieu thereof shall firmly plant in the ground a common stake
of durable timber, at the termination of each mile, from the
point of commencement; And provided further ^ that in making
out their report said commissioners shall state the difference
in the distance of the two routes; and also, whether, in their
opinion and good judgment, the public interest, the utility and
permanency of the road, would be better secured by a re-lo-
cation on the proposed route, and if so, to distinctly recom-
mend its removal. If, on the contrary, they should be of
opinion that the interest of the public, the utility and perma-
nency of the road, Vvould best be secured by its present loca-
tion, they shall distinctly set forth the fact, and said turnpike
shall not be changed or removed. But if said commissioners
shall recommend its removal, then and in that case all that part
of the said turnpike lying between the city of Springfield and
mile post number 44 aforesaid, shall be taken and deemed
vacated, and the road laid out on the proposed route shall be
taken and deemed a part of the Darwin and Charleston turn-
pike road; any law to the contrary notwithstanding.
p Sec. 3. The surveyor of Christian county shall survey all

surveyed ^^^^^ P'^^^ ^^ ^^^^ proposed route l^ing within the counties of
Shelby and Christian, and the county surveyor of Sangamon
county shall survey so much of Uie proposed route as lies in
Sangamon county; all the necessary hands, other than the
commissioners and surveyors, shall be employed from the
county in which the labor is performed, and the county com-
missioners' courts of each county may, if they think proper,
allow each hand so employed within the limits of si^ch county
a reasonable compensation per day for each day necessarily
employed within the limits of such county, as they may deem
just and proper. The county commissioners' courts of each
county through which the proposed route shall pass, may, if
they think proper, respectively allow the surveyor and com-
missioner from their respective counties such compensation as
they shall deem just and right.
Mile posts ^\^c. 4. The county commissioners' courts of the counties

may be ercc- of Shelby, Christian, and Sangamon, are hereby authorised to
**"^ set the said road with mile posts as required by the act to ex-

tend the Darwin and Charleston turnpike from Charleston to

TURNPIKES.

313

Springfield, at any time when in their opinion the condition of
their respective county treasuries will justify the expense.
Approved, March 6th, 1843.

AN ACT to change part of the turnpike road in Hancock county. In force,

Feb. 1, 1843.

Sec. 1. Be it enacted by the People of the Slate of Illinois y
representedin the General Assembly, That John Harnest, Samuel Com'rs to re-
Duniven, and Frederick Loring, of the county of Hancock,
be and they are hereby appointed commissioners to view, sur-
vey, and re-locate a part of the turnpike road in said county,
commencing at thp public square in the town of Carthage,
thence east with south main street, to the limits of said town,
thence with the stage road as near as practicable to De Kalb
post office, thence east with said road to a suitable point
where said commissioners may think most proper to leave the
same for the purpose of intersecting the said turnpike road at
the the most convenient and suitable place.

Sec. 2. The said commissioners, or a majority of them, shall Time & place
meet at the town of Carthage on the first Monday in April of ™eeting

next, or as soon thereafter as practicable, and after being du-^ .

W, . ,• r ,V r TT I i. To be sworn

sworn by some justice or the peace ot Hancock county

faithfully to discharge the duties required of them by this act,
shall proceed to re-locate said road as hereinbefore described,
having a due regard to its permanency and usefulness, doing
as little injury to private property as the public good will ad-
mit of, and to make out two copies of the survey and plat of^^\^°'^'"*^^*^
the same, one of which they shall transmit to the internal im-
provement office at Springfield, the other to be filed with the
clerk of the county commissioners' court of Hancock county,
who shall record and file the same in his office.

Sec. 3. The county commissioners' court of Hancock Pay i^fcomVs
county shall allow said commissioners, and the necessary hands
employed by them, such compensation for their services as
they may think reasonable and right.

Sec. 4. That the said turnpike road, from the place where Partof tum-
the above named re-location intersects the same, west to the Pike"^^^^^
town of Warsaw, be and the same is hereby vacated, and the
county road from Carthage to Warsaw is hereby declared to ^^'^^'^g^pj^j.^ ^j.
be and form a part of the said turnpike load, and the county turnpike
commissioners' court of Hancock county shall cause a copy of pjj^t to be
the survey and plat of said county road to be made out and trans- filed
mitthe same to the internal improvement office at Springfield.

Sec. 5. That all that portion of said turnpike road thus re-R0j^<3 subject
located and changed shall be subject to all the benefits and g^Jst^'oca'tion
regulations contained in the act authorising the first location
of the said road. This act to take effect from and after its
passage.

Approved, February 1st, 1843.

Powers

314 WATER COMPANY.

In force. AN ACT to incorporate the Peoria Water Compan}'.

Feb. 1, 1843.

Sec. 1. Be it enacted hy the People of the State of Illinois^
represented in the General Assembly, That Charles Oakley, of
Tazewell county, Augustus O. Garrett, William S. Maus, Les-
ter O. Hurlbert, and Norman H. Purple, of Peoria county,
Name aud their heirs and assigns, be and they arc hereby constituted a
style of incor- body politic and corporate under the name and style ol "The
poration Peoria Water Company," and by that name and style they
and their successors shall, in law, be capable of suing and be-
ing sued, plead and being impleaded, in all pHces whatsoever;
may have a common seal, and alter the same at pleasure, they
shall be capable in law of purchasing and holding real estate,
and conveying the same for the uses and purposes of the said
incorporation; which real estate shall not exceed in value the
sum of fifteen thousand dollars, and which shall only be for
the necessary purposes of carrying on the business of the said
company.
Officers Sec. 2. The officers of said company shall consist of a pre-

sident, treasurer, and five directors, each of whom shall be
stockholders in said company, and the president and treasurer
shall each be one of the five directors aforesaid, w^ho shall be
annually chosen on the first dny of April, of each and every
year, in such manner as the stockholders may direct; and for
the first year the said Charles Oakley shall be president, the
Oficers for said N. H. Purple secretary, and the said Augustus O. Gar-
first year pett, William S. Maus, and L. O. Hurlbert, directors of said
company, and a majority of said board of directors shall con-
stitute a quorum for the transaction of business.
Capital stock Sec. 3. That the capital stock of the said company shall
• consist of five thousand dollars, with the privilege of increas-
ing the same to fifty thousand dollars, and the whole of said
Manner ©f ta-g^Qck. may be taken in equal amounts, by the individuals who
"" are hereby incorporated, or at their option, they may divide

the same into shares of fifty dollars each, and sell the same in
such manner as they may deem most advisable for the inter-
est of the said company, for the promotion of the objects of
the said incorporation, and the purchasers of the said stock
shall thereupon become stockholders of the said company, and
entitled to vote in all meetings of the said stockholders, in man-
ner proportioned to their respective interests, and agreeable
to the rules and regulations of the said company.
Dutyof presi- Sec. 4. The president shall prescribe at all meetings of the
*Jent board or stockholders, and in case of a tie shall give a casting

vote; and in his absence a president pro tern, may be elected.
Treasurer's Sec. 5. The treasurer shall record in a book, to be for that
duties purpose provided, all acts and doings of the board of directors

and stockholders, he shall give certificates of stock to each of
the stockholders, which shall be countersigned by the presi-
dent, and which shall not be transferable, except upon the
books of the company; he shall take and subscribe an oath to

WATER COMPANY.

315

perform all his duties with fidelity, and shall give bond and
security for the faithful performance of all the duties required
by the rules, by-laws, and ordinances of the said company.

Sec. 6. Each of the above named stockholders shall, at the Stockholders
time of subscribino: his share of the stock, (if all the stock is '" pay certain

. I II- 1.°. Ill • i. J \ • i J.L amounts ai

taken by the mdividuals above mcorporated,) pay into the time of eub-
hands of the treasurer the sum of one hundred dollars, and the ssribing
residue thereof at such times and in such sums as may be need-
ed for the prosecution and completion of the works hereinaf-
ter mentioned; and in case said stock shall be sold in shares
o{ fifty dollars, then each shareholder shall pay the sum of
five dollars on each and every share by him taken at the time
of subscribing, and the residue thereof in such manner as
hereinbefore stated.

Sec. 7. The said company hereby incorporated shall have company
full and exclusive power and authority to erect and construct may con-
water works for the convenience and accommodation of the ^'"""f/ water
public within the incorporated limits of the town of Peoria, for
and during the period of fifty years, and to conduct the same
in iron, leaden, or other aqueducts, from any springs or wa-
ter within two miles of the incorporated limits of said tnwn:^

f. , . 'C/ompensa-

paying to the owner or owners or any such sprmgs or waters tion forinjurj
such compensation as shall be reasonable and just, and shall to private
bo agreed upon between said owners and said company; and pay-P""^^^'"^^
ing also to the owneror owners of any lands through or across
which they may conduct said water, a reasonable compensa-
tion for all damage by them sustained; and in case they cannot
agree with the owners of such lands as to the amount of said
damages, the same shall be determined in tlie manner prescri-
bed by the laws of Illinois for securing the right of way.

Sec. 8. The said company shall have full and exclu«;ive Aqueducts

power and authority to conduct the said water in aqueducts "i!^^,*^? taken
"J I thro streets

as aforesaid along any of the streets, alleys, or highways of the

town of Peoria, and within the incorporated limits thereof, do-
ing as little damage as possible to streets, alleys, and highways,
tor the time being, and as soon as practicable, shall repair and
place the si me in as good condition as they were before, and
shall also have the like power and authority to build and erect
hydrants and reservoirs, in such manner and at such places as
shall best accommodate those desirous of using said water, and
with the least inconvenience to the public.

Sec. 9. The said company shall also have the like power Company

and authority to rent or lease the said water and the privilesre "'^J lease
4.U c 4. J 11 u * u . water works

tnereot to any and all persons whatever, upon such terms,

conditions, and times as the said company and such peri>ons
can agree upon, making the same as nearly equal to all per-
sons as the circumstances of the case will permit, and upon
such terms and conditions that the yearly profits of said com-
pany, deducting all expenses, shall in no case exceed the sum
of fifty per cent, on the capital stock actually paid in

Sec. iO. The said company shall commence the construe-

316 WATER COMPANY.

Timeof com- tion of the said water works as earlj as the first day of August,
^m^'eim-""^ 1843, and shall so far complete the same as to have the water
said works read J to be delivered in Ihe said town of Peoria bj the first:

day of August, A. D. 1845.
Use of water Sec. 11. In consideration of the privileges hereby granted, ,
to be furnish- ^i^g ggj^j company shall at all times afTord to the corporation,
Peoria free of*^'^ other constituted authorities of the town of Peoria, the use,
charge to ex- free of chavge or claim, of any or all the waters so by them
tinguish fired conveyed into the town of Peoria, ibr the purpose of extin-
guishing fire or fires, which maj at any time hereafter occur
in said town, together with all reasonable access, by the said
authorities, or by companies, or individuals acting under their
orders or direction, to any or all the hydrants aad reservoirs
belonging to said company for the purposes aforesaid, so as
not in any manner to damage or injure the works of the said
corporation.
By-laws Sec. I'i. The said company shall also have authority from

time to time to appoint such officers not herein named, and
to pass and enact such by-laws, rules, and regulations not in-
consistent with the constitution and laws of the United States
or of this State, as they may deem most advisable and proper
for the benefit and government of the said corporation.
Failure to e- Sec. 13. In case it shall so happen that at any time the
lect officers at Q^^^,gj,g ^^ ^^^ g^j^^ corporation, or anv of them, shall not be
appointed , , . , • . i r i • • i i • ,i

time not to elected on the day appomted lor tneir said election, the corpo-

dissolve cor- ration shall not for that reason be dissolved, but the said elec-
poration ^j^^^ may, on reasonable notice thereof, which shall not be loss
than four weeks, to be published in some newspaper printed
in Peoria, at any subsequent lime ta!:e place, and in the mean
time those already in office shall hold their ofiices until their
successors are duly elected and qualified.
Penalty for Sec. 14. If any person or persons shall at any time during
work8° ^^ the progress of the said works, or during the continuance of
the charter herein granted, wilfully or maliciously injure any
part or portion of the said water works, or the appurtenances
thereunto belonging, he, she, or they so offending shall be
deemed guilty of a misdemeanor, and shall be liable to in-
dictment in the circuit court of Peoria county for the same,
and on conviction shall be fined in any sum not exceeding
one thousand dollars, imprisonment not exceeding six months
in the county jail of said county, and shall moreover pay to
the said company damages for all the damages they may sus-
tain thereby.
This act Sec 15. This act shall take eflfect and be in force from and

Ta-ec" '"* ^''''^^'ifter the first day of Febiuary, A.D. 1843, and shall be taken

and considered a public act.

Failure to ^EC. 16. If any stockholder or subscriber to stock in .<5aid

pay insiJil- company shall, for the space of sixty days, neglect or refuse,

naent, effect ^n^j. ^eing notified for that purpose, to pay in any instalment !

due from him for such stock, in manner direcied and required

by the board of directors, the said board shall be authorised to

WEIGHTS AND MEASURES. 31 i

declare his said stock forfeited to said company, and may pro-
ceed forthwith to sell the same at public auction to the high-
est and best bidder for cash, the purchaser whereof shall be
liable to pay the balance due upon such subscription m the
same manner as the original stockholder would have been

liable therefor. ^ i- .i c. 1 1, n

Sec. 17. The stockholders of this corporation shall be liable f^^^.^^^J^jfjJ^*

in their private capacity for all corporate debts. jj^^^^le

Approved, February 20th, 1843.

AN \CT to regulate weights and measures. In force.

Mar. 4, 1843.
Sec. 1. Be it enacted hy the People of the State of lllinoh,
represented in the General Assembly, That there shall be but standard of
one standard of measure of length and surface, one of weight, weights and
and one measure of capacity, throughout this State, which ^"eas"^^^
shall be in conformity with the standard of measure, length,
surface, and weight established by Congress.

Sec. 2. That all commodities sold by heaped measure shall Heaped com-
be duly heaped up in the form ofa cone, the outside of the ^o^^^^"
measure, by which the same shall be measured to the extrem-
ity of the base of such cone, and such cone to be as high as
the articles to be measured will admit.

Sec. 3. That the measures used for measuring dry com- Not heaped
raodities not heaped shall be stricken with a straight stick or
roller, and of the same diameter from end to end.

Sec 4. All contracts hereafter to be executed, made with- Contracts to
in this State for any work to be done, or for any thing to be ^^^f^fg^ac!
sold, delivered, done or agreed for by weight or measure,
shall be taken and construed to be made according to the
standard weight and measure thus ascertained.

Sec. 5. That the hundred weight shall consist of one hun- loO weight
dred pounds, and twenty such hundreds shall constitute a
ton.

Sec. 6. That whenever wheat, rye, Indian corn, b''^''^^J'5''"n'lo*the
buck wheat, or oats shall be sold by the bushel, and no special f^Xl"*
agreement as to the weight or measurement shall be made
by the parties, the bushel shall consist of sixty pounds for
wheat, of fifty-four pounds of rye, of fifty-two pounds of In-
dian corn, of forty-four pounds oi barley, of forty pounds of
buckwheat, and thirty-two pounds of oats.

Sec 7. That the following original standards made in con- State sealer
formity to the provisions of this act, to wit: a yard, a po^^^c^^/easTKes'to
a liquid gallon, and a half bushel shall be procured by the procure stan-
State sealer of weights and measures on or before the first day dard
of September, in the year of our Lord one thousand eight hun-
dred and forty-three', and deposited in a chest in his office
which shall only be opened for the sole purpose of comparing
such standards' w^ith the copies hereinafter described, unless
by a joint resolution of the two Houses of the Legislature, or

318 ' WEIGHTS AND MEASURES.

on the call of cither House for information, or by the order of

the Governor for scientific purposes.
Copies of Sbc, 8. That copies of the said original standards, to be

staridjinls to made of such materials as the State sealer shall direct, shall

be furnished j^g cleposited by him in the offices of the county sealers of the
to CO. sealers ^ . •'. r i • c^ , .1 r-i

respective counties of this fetate, at the expense ol said coun-
ties, on or before the first day of March, in the year of our
Lord, on3 thousand eight hundred and forty-four, who shall
severally be responsible for the preservation of the copies re-
spectively delivered to them.
Device to be g^c. 9. That the State sealer shall cause to be impressed
tmoTstt^Qd- ^^ ^^^^ ^^ ^-^^ copies of such original standards the letter ''I,"
ards and such other additional device as he shall direct for the

particular county; whichdevice shall be recorded in the Slate
sealer's office and a copy thereof delivered to the respective
county sealers.
Co. sealers to Sec. 10. That the several county scalers shall compare
compare all weights and measures which shall be brought to^them for
inea^sur^es" ^^^^ purpose with the above mentioned copies of such stand-
with standard ards in their possession, and when the same are found or made
to conform to the legal standards, the officer comparing them
shall seal and mark such weights and measures.
Duty of CO. Sec. 11. That it shall be the duty of the county sealers of
sealers w^eighfcs and measures, to compare the copies in their posses-

sion once in every ten years with those existing in the office
of the State sealer, and every county sealer who neglects to
have the copies in their possession compared as aforesaid
shall pay into the county treasury fifty dollars for county
purposes; whenever any county sealer fails for one m.onth to
pay the aforesaid penalty it shall be the duty of the county
commissioners' court to commence suit therefor in their own
name, before any justice of the peace of the county, and when
collected the same shall be paid into the county treasury lor
the uses aforesaid.
Pnyofco. ^^^* ^^* That each county sealer shall be entitled to re-

6ea"ler3 ceivc for his services at and alter the following rates: for seal-

ing and marking every beam six and a quarter cents, for
sealing and marking measures of extension at the rate of six
and a quarter cents per yard, not to exceed twenty-five cents
for any one measure, for seali:)g and marking every weight
two cents, for sealing and marking liquid and dry measures,
if the same be of the capacity of a gallon or more, six and a
quarter cents, of less than a gallon two centsj they shall also
be entitled to a reasonable compensation for making such
w^eights and measures conform to the standard established by
this act.

Sec 13. That if any person or persons shall hereafter use
Penalty for any weights, measuies, or beams, in weighing or measuring,
"ent^'weT-hlV ^^'^^^^^^ ^^^'^^^ "^^ ^^ conformable to the standards of this State,
& measures established by this act, whereby any purchaser of any com-
modity or article of trade or traffic shall be injured orde-

1^ WILLS AND TESTAMENTS. WOLF SCALPS. SIQ

frauded, such purchaser maj maintain an action on the case
against the offender, and if judgment shall be rendered for
the phiintiff he shall recover five times the damages with costs
of suit.

Sec. 11. That the Secretary of State shall be ex-officioSec.ofState
State sealer of weights and measures, and the clerks of the ^^^'^ ^^^^r
county commissioners' courtshall bccounty sealers of weights
and measures for their several counties.

Sec. 15. That *'an act for re;];ulatinor weights and mea- Certain act
sures," passed twenty-second of March, one thousand eight '^ P^"
hundred and nineteen, be and the same is hereby repealed.

Approved, March 4th, 1843.

AN ACT to amend "an act relative to wills and testaments, executors and In force,
adiiiinisirators, and the settlements of estates," approved January 23d, Mar. 6, 1843.
18;29.

Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That hereafter a widow j ^^ j^^?
shall be allowed twelve months after the authentication or months to file
probate of the will of her deceased husband, in which to de- renunciation
liver or transmit to the court of probate of the proper county
her written renunciation of the provisions made for her by
5aid will, so to entitle herself to dower, as provided by the
fortieth section of the act to which this is an amendment, and
in no case shall such surrender, or the want of such surrender,
effect the right of widows to their separate property.

Sec. 2. That when any feme covert shall die intestate, Feme covert
leaving no child or children, or descendants of a child or chil-d>in;j without
dren, then the one-half of the real estate of the decedent shall '^''-^^'■^" ^^^
descend and go to her husband as his exclusive estate for-
ever.

Approved March 6th, 1S43.

AN ACT authorising counties to gi\e a bounty on wolf scalps. In force,

Feb. 15,1843.

Sec. 1. Be it enacted by the People of the Slate of Illinois,
represented in the General Assembly^ That the county com- Soyn'j how
missioners' court of any county in this State may hereafter ^''^'
allow such bounty on the big wolf and prairie wolf, of six
months oM and upwards, as said court may deem reasonable;
said bounty to be paid out of the treasury of the county where-
in said wolf or wolves may be taken and killed, upon the cer-
tificate of the county commissioners' court, and said certifi- Certificates
cate shall be receivable by the collector of thecounty wherein receivable for
such allowance of bounty may have been made, for any taxes ^°' ^'"^^^^
due said county.

320 WOLF SCALPS.

Amount of Sec. 2. Whenever the county commissioners of any county

fixed*^ ^"^ ^^^^^ determine upon allowing a bounty on wolf scalps for any

one year, they shall, at their March term of said year, enter

an order upon their records setting forth the amount of such

allowance.

Bounty to be ^^^* '^* ^^^^ person claiming a bounty shall produce the

claiojed in scalp or scalps, with the ears thereon, and within ninety days

ninety days, after the same shall have been taken, to the county commis-

"" °^ sioners* court of the county wherein such wolf or wolves may

Person clai- have been taken and killed; whereupon the clerk ot said court

ming 10 make shall administer to said person the following oath or affirma-

°^^^ tion, to wit: ''You do solemnly swear, (or affirm, as the case

p may be,) that the scalp, or scalps, here produced by you, was

taken from a wolf, or wolves, killed by yourself within the

limits of this county, and within the ninety days last passed^

and that you believe the wolf or wolves was or were six months

old or upwards."

Sec. 4. All acts or parts of acts allowing the payment of
Law repealed ^ bounty on wolf scalps out of the State treasury, be and the
same are hereby repealed.

Approved, February 15th, 1843.

RESOLUTIONS.

JOINT RESOLUTION relative to a disconnection of the State from the

bnnks.

Wheheas, it is deemed advisable to dissolve the connectioa
now existing between the State and the Bank of the State -
of Illinois and the Bank of Illinois; and whereas, it is
believed that such dissolution will prove equally advanta*-
geous, both to the State and said banks; therefore,
Resolved^ by ike General Assembly of the State of Illinois^ ^
That his Excellency Governor Ford, assisted by the Auditor p^'ioo^Hm-
of Public Accounts and the Fund Commissioaer, be authorised tee to invfeati-
and requested forthwith to enter into negotiation with said &^^^^^*"^*
banks, or their authorised agents, for the purpose of ascer- "
tainingupon what terms an amicable dissolution between the
State and said banks can be effected and for the purpose of
obtaining such other information as may be useful in relation
to this subject, and that said officers be requested to commu-
nicate to each House, at their earliest convenience, the result
of their correspondence with said banks respeclively.
Passed, Dec. 12, 1842.

JOINT RESOLUTION in relation to the fine imposed on General Jack
son by Judge Hall, in 1814.

Whereas, the conduct of General Andrew Jackson, in the p, m^tmi^ t
defence of New Orleans during the campaign of 1814-15
has on various occasions received the approbation of the
American people; and whereas. Congress, on the loth day
of February, 1815, by a vote of thanks, and by directing
a gold medal to be stiuck and presented to him as an evi-
dence of their estimation of his patriotism, bravery, and
good conduct, sanctioned and applauded his course in the
aforesaid campaign; and whereas, the tine imposed upon
him by Judge Hall for an alleged contempt of the autho-
ritv of the said Judge, is not only an unjust imputation
21

oSS RESOLUTIONS.

upon the character of General Jackson, but a reflection
upon the justice and gratitude of the nation; therefore,
Resolved by the House of Representatives^ the Senate con-
fnstrwifo&s curring herein^ That our Senators in Congress be instructed,
and our Representatives earnestly requested, to use their ex-
ertions to procure the passage of a law directing that the fine
of one thousand dollars imposed by Dominick A. Ha!l, then
District Judge of the United States for the district of Lou-
isiana for an alleged contempt of his authority, upon Gen-
eral Andrew Jackson, and by the said Andrew Jackson paid
into the hands of the marshal of said district, be refunded,
together vrith the costs and interest on the same from the
day of the payment thereof.

Resolved also, That the Governor be requested to transmit
a copy of this preamble and resolutions to General Andrew
Jackson, and one to each of our Senators and Representatives
in Congress, and also one to each of the Governors of the
several States of this Union, with a request that the subject
of the same be laid before their respective Legislatures.
Passed,

JOINT RESOLUTION authorizing the Secretary of State to procure the
Hisiorical Essay deJivered by Judge Breese.

Resolved by the House of Representatives, the Senate concur'
ring herein, That the Secretary of State be instructed to pro-
cure a manuscript copy of the historical essay read by the
Hon. Sidney Breese, in the Senate Chamber; and that the
said Secretary be further instructed to have the same neatly
bound and deposited in the public library under his care.

Passed, January 16th, 1843.

JOINT RESOLUTION relative to the completion of one of the vaults in

the State House.

Resolved by the Senate, the House o^ Representatives concur-
ring herein, That the Secretary of State is hereby required
to procure shutters of suitable strength to be made for the fire
proof vault in the State House, that said vault may be used as
a place of deposite of the revenue of the State.

Resolved, That said Secretary be further instructed to
finish the interior of said vault for the reasons mentioned in
the first resolution.

Passed, January 17th, 1843.

RES3LUTI0NS. 3SI3

PREAMBLE AND RESOLUTION making it the duty of the Governor to
appoint a comuuitiee to investigate the accounts of the State Bank of
IJliuois.

Whereas, it appears by the report of the State Bank of llli-

nois, that this State is indebted to the bank in the sum of '''®"^-*
$292,000; and whereas, it does not appear upon what cal-
culations and principles this balance was found to be due
the bank; and whereas, it is believed that in making up
the prolit and loss account of the bank, losses which have
accrued upon contracts made or growing out of contracts
made previous to the existence of the partnership between
the bank and the State have been charged to the partner-
ship profit and loss account; and whereas, it is understood
to have been the practice of the bank to charge interest
upon payments made upon Auditor's warrants from the day
of such payment, and not allowing interest upon the de-
posites made by the Treasurer until the end of each quarter;
and whereas, it does not appear whether the bank has credit-
ed the State the amount of the bonus of one-half of one per
cent, per annum upon the bank stock owned by the State,
according to the provisions of the act, approved February
27th, lb41, concerning the State Bank of Illinois; and
whereas, it is believed that the bank has charged the State
the interest upon the State bonds held by the bank and not
credited any dividend which would have justlj- belonged
to the State as her portion of such interest; and whereas,
it is highly important for the interest of the State that a
fair and equitable settlement should be had with the bank
at as early a day as possible; therefore.
Resolved by the Senate^ the House of Representatives concur'
ring herein^ That it shall be the duty of the Governor imme- ^°"™'^*^
diateiy to appoint a competent committee to investigate the
accounts of the bank and ascertain the true statement of such
accounts, and the balance due to or from the bank upon a
fair and equitable settlement, taking into view the various
subjects embraced in the foregoing preamble; and that such
committee shall report to the Legislature the result of their
investigation at the earliest possible period, and that said com-
mittee have power to send for persons and papers and to
swear witnesses. ^
Passed,

PREAMBLE AND RESOLUTIONS in relation to the improTement of the
navigation of western rivers.

Whereas, it is the duty of all governments, and more especi-
ally of such as acknowledge the sovereignty of the people, "***^^*
to afford all proper encouragement and protection to every
department of human industry; whereas a large proportion
of the surplus products of the great west, and cf the various

3!^

RESOLUTIONS.

(Mitreetior^s

articles received in exchanges, find their respective place*
of destination by way of the Mississippi river and its tribu-
taries; whereas it appears from the most accurate informa-
tion which can be obtained upon the subject, that the value
of the property lost during the last four years, in its trans-
portation on the waters of the west, exclusively ofhundredi
of valuable lives, has amounted to nearly one million of
dollars per annum, of which about one-half has been occa-
ioned by snags, sawyers, or other obstructions in those wa-
ters; and tliat the losses thus sustained within the last eigh-
teen months have equalled one-fifih of the steamboats en-
gaged in the trade; and whereas, this immense loss, sustain-
ed almost exclusively by a people whose capital consists
chiefly in persevering industry and indomitable enterprise,
is calculated not only to keep down their energies, but also
to prevent them from reaping the numerous advantages
held out to them by an exuberant soil, a healthful climate,
and unequal commercial facilities; therefore.
Be it resolved by the General Assembly of the State of Illinois^
That our Senators in Congress be instructed, and our Repre-
sentatives requested, to u'«e their best exertions to procure the
passage of an act providing for the removal of the obstructions
in the navigation of the western rivers, either by means of
snag boats or otherwise, as to the wisdom of Congress shall
seem best calculated to secure an object ot the highest im-
portance to the people of this and the other western States
and Territories.

Resolved, That the Governor of this State be respectfully
requested to forward a copy of the foregoing preamble and
resolutions to each of our Senators and Representatives in
Congress; and also copies to the Governors of the different
Slates and Territories interested in the safe navigation of the
western waters.
Passed

Heme rial t«

MEMORIAL AND RESOLUTION relative to the public lands.

To the Congress of the United States : Your memorialists do
represent to your honorable body, that in^view of the great
interest and prosperity of the State, and citizens of Illinois,
and in view also of the true interest and policy of the Gent ral
Government in disposing of the public domain within the
State of lUinois, your memorialists believe that the law passed
by Congress providing for the entry and purchase of lands in
quarter quarter sections, ought to be extended to actual settlers
without restriction hereafter, and that all the public lands
unsold, which have been in market, and subject' to entry for
tifteen years, ought to be reduced in price to tifty or seventy-
tive cents per acre.

RESOLUTIONS. »^^

Resolved, therefore. That our Senators in Congress be in- InstruttiDa*
structed, and our Representatives respectfully requested to
use their best exertions to have a law passed in accordance
with what is contemplated in the foregoing memorial.

Passed

PREAMBLE AND RESOLUTIONS relative lo the duties on foreign salt.

Whereas, the article of salt is one of indispensible necessity Preambl*
to the whole country, and particularly to the agricultural
population of the western States, among whose staple pro-
ductions are pork, beet, &c.; and whereas, in consequence
of the prevalence of low prices, the scarcity of money, and
the want of sufficient markets, these articles are so reduced
in price as scarcely to repay the labor and expense of pro-
duction causing great and general distress; and whereas,
in consequence of the high duty imposed by the lately
enacted tariff law on salt of foreign manufacture, the price
of that article has been oppressively increased, compelling
the producers to pay to domestic manufactures exhorbi-
tant prices, and for an article of inferior quality, constitut-
ing, in fact, an oppressive and partial tax upon those who
are least able at this time to endure it, and who can receive
no possible benefit from such tax; and whereas, the imposi-
tion of onerous taxes upon articles of pure necessity is in
violation of all just principles of political economy, at war
with the true spirit of our republican institutions, taking, as
itdocs, money from the toiling many, who receive no return,
and bestowing it upon the privileged few, who render no
equivalent; and whereas. Col. Thomas H. Benton, the Hon.
Samuel McRoberts, the Hon. John Reynolds, and other
distinguished Senators and Representatives in Congress,
have been and are still making strong exertions to procure
the repeal of this obnoxious portion of the tariff law; and
whereas, a solemn and united expression of the wishes of
the people of the great west upon this subject (being as they
are more injuriously affected than other classes,) is needed
to secure prompt and efficient relief; it is therefore
Resolved by the General Assembly of the State of Illinois ^inatrvicnoa*
That our Senators in Congress be instructed, and our Repre-
sentatives requested, to use their united and untiring efforts to
procure at the earliest possible day the passage of a law per-
mitting the importation of salt free of duty.

Resolved^ That the Governor be requested to cause to be
transmitted copies of the forc:!;oing preamble and resolutions
to each of our Senators and Representative:? in Congress, and
to the Hon. Thomas H. Benton.
Passed

SCO RESOLUTIONS.

RESOLUTION AND MEMORIAL relative to the reduction of postage.

j^ , . Resolved by the House of Representatives, the Senate concur-

eonjrress ron- ^^'^g herein, That the following memorial be adopted, and that
cerninf post- each of OUT Senators and Representatives in Congress be fur-
*J^® nished with a copy of the same.

In behalf of our constituents, the people of the State of Il-
linois, we recommend to the especial attention of the Nation-
al Legislature that subject of general complaint, the high rate
of postage upon letters. In this young State we feel, in a
peculiar manner, that inconvenience which operates with
so much severity upon thousands of our citizens wh© are re-
motely separated from their early friends. There seems to be
a necessity for exempting, by law, a class of public agents
from this burthen; but were it not deemed inconsistent with a
just regard to legislative convenience to restrict the franking
privilege to the executive department of the Government
alone, such restriction would lead irresistably to a clearer ap-
prehension of the inconvenience to which the mass of the
people are exposed by the present exorbitant charges for let-
ter postage. Those who are exempt by law, or whose ample
means place them above the consideration of small expenses,
can with difficulty be made to sympathize with that large,
intelligent, industrious and deserving portion of society who
suffer under this abuse, and to whom the benefit of our ex-
tended n)ail arrangements is virtually prohibited.

To show the extremity of this inconvenience during the
present unusual dearth of money it may be useful to advert
to a fact of frequent occurrence in this State. Letters have
been enquired for at the post office, and seen by the person
to whom they were directed, who has then endeavored to
raise the money to meet the postage without success, and they
have eventually gone to the department among the dead let-
ters. Cruel incidents of this description are common at every
post office, and in p]\ parts of our country the high rate of
postage, in every quarter, repressing correspondence, and
amongst a valuable portion of society, prohibiting it altogeth-
er. It would seem to wear the character of not only a prac-
tical absurdity, but of a high handed abuse, to establish for
the professed convenience of the public an institution which
affords an accommodation to a limited iew, while the mass of
the people are not only too poor to reap any substantial ben-
efit from it, but are prohibited from devising any scheme of
their own to accomplish the object which this ms^nopoly fails
to efibct. Private enterprise might accomplish with equal
certainty and speed for the whole people, what the depart-
ment now practicallj' accomplishes for a limited portion only.
It is well known that letters are constantly transported, and
in vast numbers, between our great Atlantic cities by private
enterprise. Under a just and reasonable rate of postage, this

♦ RESOLUTIONS.

successful competition with the public mail could never suCf
coed.

Some idea may be formed relative to the extravagance of
the present charges for letter postage 'oy adverting to calcula-
liorir^ made in En2;]and previous to a recent experiment
adopted there, under a greatly diminished rate. It was found
that about one thirty-sixth part of a penny on each letter
weighing one quarter of an ounce would defray tlie cost
of carrying the mail between Edinbarg and London, four
hundred miles. This calculation led to the very important
reform of establishing a uniform charge upon every single
letter transported by mail, without regard to distance. To
quote the words of the British report: ''If the charge for post-
age be made proportionate to the whole expense incurred in
the receipt, transit, and delivery of the letter and in the col-
lection of its postage, it must be made uniformly the same
from every post town to every other post town throughout
the United Kingdom, unless it can be shown how we are to
collect so small a sum as the thirty-sixth part of a penny." It
admits of demonstration that the expense of transporting a
letter by mail between the most distant points of the United
States is less than one cent.

Whilst these facts show the enormity of the existing
charges, they cannot foil to demonstrate the propriety of an
uniform charge on each letter transported by mail without
regard to distance, and that in establishing such charge
our smallest silver coin, the half dime, should be the maxi-
mum. When it is considered that a vast amount of cor-
respondence by letter is effected upon our great tho-
roughfares through the medium of privateconveyance, which
would seek the public mail in preference, were the charges
less exhorbitant, and that an immense portion of our popula-
tion are nearly cut off from such communication by the pre-
sent high rate, it ma.y not be unreasonable to say, that the
uniform charge oi five cents for the postage of a single letter
would yield more to the department than it now receives,
Vi'hilst the object of its institution would be more fully ac-
complished.

Relative to the franking privilege, the additional expense
to the department on that account is probably over-rated;
but so fur as the public service is concerned, it would seem
more just to provide for such expense through the ordinary
channel of appropriation, than to extort any portion of it so
directly from the hard earnings of the laborious emigrant.
That decidedly just and salutary feature in the English re-
form, which determines the charge of postage on a sealed
package hy weight, without regard to the number of pieces
enclosed, should not be overlooked.

Our present method of prying into letters, by post nrasters
<ind clerks, although countenanced bylaw, isnotonly unjust but
exceedingly impertinent. It is a practice so revolting to all
manly and correct feeling, that many of our post masters can

327

RESOLUTIONS.

never condescend to be naadc the tool of the departnnent in
carrying out a sjstenn of espionage which they consider so dis-
reputable, and so little called for by the public interest. How
infinitely unworthy the magnanimous spirit of a great nation
to require that our public servants shall tear open the envelope
of a suspected pamphlet or newspaper, to see that the trea-
sury is not about to be despoiled of its due by the informa-
tion surreptitiously conveyed, that somebody's "frien<^s are
well." How much is annually saved to the nation by this
^ross assault upon the proprieties of life — or how should it be
expected that laws which sanction such rudeness can be re-
spected by a free people? A reform which would be mode-
rate and limited, compared with that which has met favor in
England, might result in the following advantages:

1. A price more equivalent to the service rendered would
be established.

2. The odium attached to the public mail conveyance, as
an exorbitant government monopoly, would be removed,
and the inducements to private enterprise to compete with it
be reduced, if not destroyed.

3. The charge for letter postage would be uniform as well
as just; the accounts more readily kept, and the duties of the
post office more correctly and economically performed.

4. The people would acquire the habit of resorting wholly
to the use of the public mail, and the increased correspon-
dence prove at least an equivalent to the reduction upon the
rate of postage; which rate, if fixed at five cents, would still
exceed, by more than ten fold, the actual mean cost ot the re-
ceipt, transit, and delivery of the letter.

5. A large, deserving, and most useful portion of the com-
munity, which is now cruelly and unjustly debarred f-om
the use of this important conveyance by the present ex-
orbitant rates of letter postage, would reap that benefit from
the public transportation of the mail to which every citizen
is justly entitled.

(3. The greatly augmented correspondence would facilitate
commercial arrangements; yield an incalculable addition to
social enjoyment, and more essentially promote the object of
general education than any other means within the reach of
the Federal Government; and we may here be permitted to
remark, that whilst millions are annually expended in impart-
ing literary and scientific knowledge to the rising generation,
the adult mind should also be enlightened, or the guardians of
youth can feel no interest in an object so important.
Communication by letter is the especial province of mjiture
years, and to a reflecting mind the importance of promoting
an interchange of ideas by written correspondence, as a means
of inducingthehabitof correct thought,of classifying, extend-
ing and putting human knowledge to the best use, may be
deemed a consideration of sufficient magnitude to demand
6ome attention among the duties of legislation.

7. By regulating the postage on sealed packages by weight,

RESOLrTIONS.

instead of the present very objectionable method by the num-
ber of enclosures, we should not only give a more equitable
rate, with increased uniformity and simplicity, but the dis-
creditable practice of prying into the contents of sealed pack-
ages, so offensive to the public, and often so fatally demoral-
izing to the agent who performs that duty, would be wholly
superesded.
Passed,

32'9

PREAMBLE AND RESOLUTIONS praying a crant of land on the line
of the Northern Cross Railroad.

The committee of Internal Improvements, to which was Memorial
referred the petition of the citizens of Macon county and
others residing along the line- of the Northern Cross Railroad
of the State of Illinois, praying this Legislature to memo-
rialize the Congress of the United States to donate to this
State each alternate section of land for six miles on both
sides of the said Northern Cross Railroad from Springfield to
the east line of the State, for the purpose of completing said
road, have had the same under consideration, and beg leave
to report the principal statements made by said petitioners.

That Macon county is situated in the central part of this
State, a distance of eighty miles from the Illinois river, and
one hundred miles from the Wabash river; neither of which
streams are navigable for more than one-half the year.

That the citizens of Macon and other counties along the
route of said road are mostly agriculturalists, and from the
great depression of their interests occasioned by the scarcity
of money and the consequent very low prices of their farm-
ing products, at very distant markets at this time, they state
their inability to pay their taxes or their debts. For wheat,
one of their principal staple articles, is now only worth forty
cents per bushel at Chicago, distant 180 miles; at St. Louis,
wheat is worth only forty cents per bushel, distant 130 miles;
and at Springfield it is only worth twenty-five cents per
bushel, distant forty miles. And all other productions of the
soil are at still more ruinously low prices.

That the cost of cultivating and preparing for market all
kinds of agricultural produce, at the lowest rate paid for far-
ming labor, amounts to more than the entire sales of the
whole crop of the farms, exclusive of the cost of transporta-
tion.

They further state that the lands situated in the interior of
the Slate of Illinois are as rich as any in the world, and
mostly belong to the United States; that these lands are not
intersected by roads, nor traversed Ipy navigable rivers; and,
therefore, until railroads are made across these vast prairies
to afford cheap and expeditious methods of conveying farm-

330 RESOLUTIONS.

ing produce to market, these rich lands must remain unsold
and valueless.

That the internal improvement system, began by this State
in 1837, embraced the above name^ Northern Cross railroad,
and for the distance of fifty-eight miles thereof, from the Illi-
nois river to Springfield was completed, when, from the ina-
bility of borrowing any more money, or in other words of sell-
ing State bonds at par, al' the public works of the State were
suddenly stopped, leaving the residue at the east end of this
road unfinished, and that if Congress would make a grant of
waste unsold lands for the purpose of completing the railroads
of this State, it would be of the most incalculable benefit and
convenience to the United States, to the State of Illinois, and
to the citizens residing in the vicinity of said contemplated
railroad routes. To the United States Government, by the
more rapid sales of millions of acres of land lying in the large
sea-like prairies in the central parts of this vState, by facilita-
ting the traRsportation of the public mail, by the more expe-
ditious conveyance of troops, military munitions and piovis-
ions, both in times of peace and war. Great advantage
would also accrue to this State by having the central parts
thereof thickly setJed, and millions of acres in cultivation at as
early a period as possible, thereby yielding a large amount of
taxation annually to enrich her exhausted treasury.

To the citizens already settled, and the many thousands
who would gladly purchase the rich prairie soil if they could
have a railroad conveniently situated to carry thereon their
products to market, the present prospect of their best market
for time to come is along the lake route, either to Canada or
l^ew York — for, by the late revision and regulations of the
British tariff, a most valuable trade is opening to all those
parts of the State of Illniois that can find conveyances to the
lakes for all their staple articles of exports — wheat, flour,
beef, pork, lard, &C. Wheat is now admitted free of duty
into Canada, and flour from Canada is admitted into England
at one dollar less duty per barrel than from other foreiga
ports. It is, therefore, strong reason for presuming that
hereafter England will receive large supplies of bread stufis
from Illinois by the way of Canada. The average defifiency
of wheat or grain for the supply of England for the last ten
to twenty years is estimated at twenty millions of bushels
per annum. Beef and pork are admitted into England by
way of Canada at three shillings and sixpence sterling per
barrel (or 77 ctnts,) and eight shillings per barrel (or $1 76
cents) from other foreign ports. I^ard is admitted into Eng-
land via Canada at eleven cent's per hundred pounds; and at
forty-four cents from other foreign ports.

Wheat has sustained a higher price in the ports on Lake
Erie, for the last year, by ten or fifteen cents per bushel, than
on the Ohio and Missis'^ippi rivers. The average price of
wheat in New York or Philadelphia, for the last twenty years.

RESOLUTIONS. 331

has not been less than ninety cents per bushel in any one
year; and flour not less than four dollars and twenty-five cents
to four dollars and fifty cents.

From past experience the petitioners confidently estiniate
that five dollars per barrel may be looked for as an average
price for many years to come, and at the present very low
rate of ninety cents per bushel in New York. It may be es-
timated al sixty-five cents per bushel in the ports of Lake Erie,
Toledo, at the mouth of Maumee river, or at Cleveland; and
on the completion of the aforesaid Northern Cross Railroad,
wheat may he safely estimated at an average price of fifty
cents per bushel along the line thereof, instead of having it to
haul from fifty to eighty miles, and then obtain only twenty-
five cents — the present price. The petitioners are most
anxiously desirous of obtaining assistance from Congress
to enable this State to finish ihe said road, from the fact
that the Great Wah|*h and Erie Canal is completed, connect-
ing by river and canal communication, Lake Erie, at the
mouth of Maumee river, with the Great Wabash river at La-
fayette, a distance of 235 miles, and a continuation of said
canal will be finished the ensuing year from Lafayette to Cov-
ington, in Indiana; which last named point is opposite the east
end of the line of said Northern Cross Railroad, and, therefore,
when completed through Danville and Decatur, to Springfield,
said railroad will be the greatest intercommunication between
the waters of Lake Erie and the Mississippi, the connecting
route of travel and transportation between New York and
New Orleans, and crossing the rich and beautiful prairies of
Illinois. It will connect the agricultural interests of the west
with the commercial interests of the south and east.

The Stales of Indiana, Ohio, and New York, are also great-
ly interested in the completion of this railroad, by the increase
of tolls along their public works, by the transportation thereon
of the farming produce of Illinois to the eastern or Canadian
markets; therefore, the aforesaid citizens most respectfully
pray this Legislature to memorialize Congress to donate to this
State the alternate sections of land for six miles on both side.*
of the Northern Cross Railroad from Springfield, the seat of
Government of the State of Illinois, to the east line of said
State, for purposes of completing said road; therefore,
this committee propose and recommend the following for
adoption:

Resolved^ 1st. That our Senators in Congress be instructed
and our Representatives requested to introduce a bill donating
to the State of Illinois the alternate sections of land for six
miles on each side of the Northern Cross Railroad, for the sole
use of completing said road.

Resolved^ 2d. I'hat in all cases where the lands through
which said railroad passes have heretofore been entered, that
the Governor of the State of Illinois be authorised to make the

fe^

RESOLUTIONS.

selection of an equal number of acres from the vacant lands
within the State.

Resolved, 3d. That the Governor of this State is hereby em*
powered to sell any lands which may be donated to this State,
and apply the proceeds to the use or purposes as specified or
granted.

Resolved^ 4th. That the Governor of this State is hereby
empowered to appoint commissioners to make, construct, or
repair any railroads for which lands may be granted, provided
the same be done without any cost or expense to the State,
other than the proceeds of the sales of said donated lands.

Resolved^ 5th. That the Governor of this State be requested
to forward a copy of this report and resolutions to the Gover-
nors of the States of Indiana, Ohio, and New York, soliciting
them to take into consideration the great advantages their
States will respectively receive from the measure contempla-
ted; and the great national benefits ari||^g from all works of
internal improvement, such as may be properly called national
thoroughfares; and that said executive officers be requested to
invite the aid, assistance, and votes of their several delegations
in Congress in support of the aforesaid bill for donation of
land to the State of Illinois.

Ffeambl«

InstrQctions
concerning
N. Western
Waadary

PREAMBLE AND RESOLUTIONS Jn relation to Oregon Territory.

Whereas, the title of the Government of the United States to
the Territory of Oregon is indisputable, and the Govern-
ment of Great Britain is only entitled to the joint occupan-
cy theieof by the permission of the United States, until no-
tice shall be given for its termmation; and whereas, Great
Britain has taken exclusive possession of the choice parts of
said Territory, in direct violation of treaty, and with an
utter disregard of the rights of the United States; and
whereas, the safety of the title of the United States to said
Territory is greatly endangered by the concessions made in
the late treaty, relative to the boundary of Maine, by her
rights to said Territory not then being persisted in and
made part of said treaty, and will be more endangered by
longer de'ay; and whereas, the Hon. Lewis F. Linn hag
lately introduced into the United States Senate a bill pro-
viding for <^he settlement and protection of Oregon; there-
fore,

Resolved hy the People of the State of Illinois , tepresevted
in the General Assembly^ That our Senators in Congress be in-
structed, and our Representatives requested to use their best
efforts in the support of a bill lately introduced into the
United States Senate to authorise the adoption of measures
for the occupation and settlement of the Territory of Ore-
gon, for extending certain portions of the laws of the Uni-
ted States over the same, and for other purposes.

RESOLUTIONS. 333

Resolved, That the Governor be requested to transmit a
copy hereof to each of our Senators and Representatives in
Congress.

Passed

PREAMBLE AND RESOLUTION relative to Oregon.

Whereas, in making the late treaty with the British Govern- Preambk
ment, all questions were not settled, and thereby the Ter-
ritory of Oregon is left in dispute between the Government
of the United States and the Government of Great Britain;
therefore,

Resolved by the House of Representatives of the State of Illinois^
ike Senate concurring herein^ That our Senators in Congress ^'^'"®^^**"*
be instructed, and our Representatives requested, to use their
efforts to procure the adoption of the proper measures to es-
tablish ihe north-western boundary, and to settle the contro-
versy between the United States Government and the King-
dom of Great Britain, in relation to said boundary.

Resolved, That the Governor be requested to forward copies
of the foregoing preamble and resolution to each of our Re-
presentatives and Senators in Congress.
Passed

PREAMBLE AND RESOLUTION relating to pre-emption rights, and
reducing the price of public lands.

Whereas, it has been the settled policy of the Government
of the United States, in the exercise of a beneficent feeling,
to secure, by pre-emption right, those pioneers of the new-
\y settled portions of our country who had toiled to make
themselves homes upon the unoccupied and unappropriated
lands of the Government; and whereas, the act of Congress
entitled "an act to appropriate the proceeds of the sales of
the public lands, and to grant pre-emption rights," approved
September 4th, 1841, while professing to protect the riorhts
of the actual settler, has imposed so many burthens upon
him, by requiring him to file liis application with the regis-
ter of the land olfice of the proper district, describing the
land settled upon, within thirty days next after the date
of his settlement, or if made prior to the passage of said act,
then within three months after the same became a law, and
by requiring fees to be paid to the land officers, and by re-
quiring proof to be made agreeably to such rules as the Se-
cretary of the Treasury majiprescribe, and by requiring the
whole of the purchase monpy to be paid within twelve
months after the date of the settlement, if made subsequent,
and within twelve months after said law went in force, if

334 RESOLUTIONS.

made prior to the passage thereof, and by denying any pre-
emption to such as had opened a farm, but not built a house,
as to render said law a curse rather than a blessing to the
great mass of community in the new States; and whereas,
during the present unparallelled scarcity of money, it is next
to impossible for thepoor^man, however industrious he may
be, to accumulate by his own labor within twelve months, a
sufficient sum of money to enter him a home, while the ap-
plication desciibing the land filed in the proper office re-
mains as an unerring directory to guide the ruthless specu-
lator to the little home of the occupant; and whereas, by
the iOth section of the^act aforesaid, an invidious distinc-
tion is made between the citizen and the alien who has
not filed his declaration under the naturalization laws of the
United States, so as to deny to the latter any pre-emption
right whatever, though he may be a native oi the land of De
Kalb, Pulaski, of Montgomery, orof La Fayette: and where-
as, neither those who furnished us with men or money in our
revolutionary struggle, or their descendants, should be de-
nied the privilege of a home in our country, and a partici-
pation in the laws of the land, in common with our own
citizens; and/vhereas, a liberal policy should be pursued by
our government, so as to secure to the ardent but oppres-
sed lover of liberty throughout the world, a home and an
asylum in the land of Washington; and whereas, it is un-
just in principle to impose taxes and other burthens of Go-
vernment upon aliens in common with native born citizens,
while we deny to them equal rights and privileges under
our laws; and whereas, the price of our public lands that
have long been in market, should be so reduced as to place
it within the power of every industrious man, howeverpoor
he may be, to secure a home for himself and lamily,
therefore,

Resolved by the House of Representatives^ the Senate con-
lastructions curring herein^ That our Senators in Congress be instructed,
and our Representatives requested to use their utmost exer-
tions to procure the passage of a permanent pre-emption law,
embracing not the shadow merely but the substance, which
will secure to the actual settler, with as little cost as possible,
for a term of years, a home upon any unoccupied and unap-
propriated tract of Government land on which he may open
a farm or build a dwelling house.

Resolvedy That such restrictions and provisions be incorpo-
rated in said law as will effectually prevent land speculators
and others from entering any tract occupied as aforesaid, with-
out having first purchased the improvement of the proper
owner.

Resolved, That said law repudiate all invidious distinctions
made between aliens and native born citizens, so far as pro-
curing a home in our country and interest in our soil is con-
cerned.

RESOLUTIONS. 335

Resolved^ That they also use their best exertions to procure
the passage of a graduation law, with such restrictions and
safe guards as will confine its beneficial operations to the actu-
al settler.

Resolved^ That the Governor be and is hereby requested to
forward a copy of this preamble and resolutions to each of our
members in Congress.

Passed,

PREAMBLE AND RESOLUTIONS in relation to the State debt.

Whereas, the State of Illinois, in common with many of her prea»bl«
sister States of this Union, is now laboring under financial
embarrassment; and whereas, under our former policy pub-
lic works were commenced and prosecuted, and vast and
extravagant schemes of internal improvements adopted, ut-
terly disproportioned to our resources and means; and
whereas, these measures had their oiigin in the delusions
incident to one of those periodical excitements which, in
Europe as well as in this country, have led States and indi-
viduals into inordinate speculations, uniformly terminating
in bankruptcy and ruin; and whereas, under the influence
of this delusion, former Legislatures have contracted debts
in times of great apparent prosperity which we are now,
in a period of depression and financial adversity, utterly
unfible to liquidate; and whereas, doubts are said to exist
in the minds of our public creditors as to the iniention of
the people of this State respecting the legal and moral ob-
ligations of fulfilling these contracts and paying these
debts; and whereas, it is essential to the well-being of na-
tions, as it is of individuals, to maintain an unblemished
reputation and sustain their dignity and honor, and that
every individual in the nation is interested in sustaining
and preserving that honor, not only from disgrace, but even
from suspicion; and whereas, this Legislature has been re*
cently elected by the people, is imbued with their opinions
and feelings, and is fully cognizant of their intentions re-
specting this subject, they deem ii due to themselves, to the
people they represent, to the public creditors, and to their
hitherto unsullied fame in the eyes of the world, to pro-
mulgate the following resolutions embodying the senti-
ments of the People of the State of Illinois:
Resolved by the House of Representatives^ the Senate concur'
ring herein^ That we fully recognize the legal and moral ob-
ligations of discharging, with punctuality, every debt con-
tracted by any authorized ogent or agents of this State for a
good and valuable consideration; and that the revenues and
resources of the State shall be appropriated for that purpose

336 • RESOLUTIONS.

as soon as they can be made available without impoverishing
and oppressing the people.

Reaoived, Ihat our lailure hitherto to meet our obligations
has not arisen from any intention on the part of the Legisla-
ture, or any respectable portion of the people, to repudiate or
evade these obligations, and that we utterly detest and abhor
the repudiation of just debts by States or individuals as im-
moral, dishonorable, and destructive of public and private
character.

Resohddf That such failure is wholly attributable to causes
involving the commercial nations ol Europe as well as this
country, over which we had but limited control, that seduced
by an inflated curr* ncy and the consequent apparent prosper-
ity, we contracted these debts vainly hoping that a corres-
ponding state of prosperity would enable us to develope our
rich resources and make them available to meet our obliga-
tions; that a rapid and almost unprecedented contraction and
depreciation oi the currency caused a corresponding deprecia-
tion in the value of property, crippled our resources, dried up
the sources of revenue, and produced universal embarrassment
and pressure, which can only be removed by the slow opera-
tions of active and patient industry.

Hesolved, That the inflation of the currency had its origin
and aliment in the overaction of the credit system, both in
England and this country, that each nation contributed to
swell the tide of excitement and speculation, which a few
years ago rolled over both nations, and to which each in its
turn became a victim, that its consequences were manifested
in England by embarrassment and distress, and multitudes of
failures and bankruptcies in 1839; and that the manifesta-
tions of such effects from the operation of similar causes in so
rich and powerful a country should be a sufficient apology for
the inability of a people, circumstanced as we are, to meet
our obligations without a suspicion of base or dishonorable
motives.

Resolved f That we do not regard a failure on the part of
individuals or nations to pay their debts as case or dishonora-
ble, when such failure proceeds from inability, and inevitable
circumstances — that history furnishes examples of othei nations,
now high on the roll of fame, where circumstances not more
imperious than ours, such as the South Sea speculation in Eng-
land, and the iVlississippi bubble in France, compelled a sacrifice
of public and private obligations, without impairing the char-
acter and honor of those nations.

Resolved, That the actual debt of Illinois, for which no
means are appropriated, is not insurmountable, when compared
with our great natural resources — that our population, in a
few years, according to the rates of augmentation, will amount
to one million of people, and that our wealth and resources
will be increased in a greater ratio — that the surplus produc-
tions of our rich soil, even with our present population, would

RESOLUTIONS. • '^J

be amply sufficient to enable us to meet all our liabilities,
could they be converted into money at reasonable prices; and
that we must only await with patience, that period, which
cannot be remote, when sufficient amount of sound a currency
will be in circulation to secure to our agricultural population
a fair price for their productions, and enable them to pay all
necessary taxes, to meet the wants of the government at home,
and discharge with integrity ail our obligations to our credi-
tors abroad.

Passed, 2lst Feb., 1843.

MEMORIAL AND RESOLUTIONS on the subject of the navigation of

the Mississippi.

To the Honorable the Senate and House of Representatives of
the United States of America, in Congress assembled: Your Memorial
memorialists, the General Assembly ot the State of Illinois, ^°°^"[IJJJ ^
would respectfully represent to your honorable body that the western Hrem
free and unmolested navigation of the river Mississippi, not
only along the western border of our naturally rich and luxu-
riant State, (more than six hundred miles in extent) but from
the falls of St. Anthony to New Orleans and the Gulf, is a
consideration which lies at the very foundatioii of western en-
terprise and prosperity, to say nothing of the vast and multi-
farious benefit to the whole Union arising therefrom. Since
our great' river is the national channel througli which our ag-
ricultural and other products of the vast country, of which it
is the drain, must find a market — while those products are
annually increasing to an extent almost to defy belief, the dan-
gers of navigation seem to increase in a corresponding ratio.
The immense losses of property, as well as of human life, up-
on this great highway for our commerce have become a sub-
ject of deep and abiding interest to all classes in the west.
The mighty wrecks, the vast quantities of scattered and
decaying property, and the dreadful manifestations of conse-
quent distress which so frequently present themselves to the eye
ofthe tiaveller along the Mississippi, particularly between the
mouth of the Ohio and the city of Alton, are startling in their
character, and call aloud to the philanthropist and statesman
to use their exertions to prevent the recurrence of similar
calamities.

Your memorialists have not at hand any certain data by
which to ascertain the loss of human life and of valuable pro-
perty, by reason of snags, sawyers, and other obstructions,
which mechanical power, properly applied, can remove; but
do not hesitate to say that many hundred lives and more than
a million of dollars of property, with which steamboats were
freighted, have been lost and destroyed within the last year
alone.

^38 RESOLUTIONS.

To no power competent to the removal of the evil can
your memorialists apply but to your honorable body. No
means are within the control of any of the States watered by
the Mississippi sufficient for the undertaking, and your memo-
rialists are assured that in the just exercise of those powers
delegated to you by the Constitution, the grievances of which
they complain can be wholly removed; to this end your me-
morialists would respectfully suggest the propriety of organ-
izing at once an efficient corps, skilled in operations of the
kind, to be in service at all seasons when it is practicable to
work; and would earnestly pray your honorable body, in
tender consideration of the premises, to make appropriations
commensurate with the magnitude and importance of the
work, and continue them annually until the great object is
accomplished. Your memorialists fully believe that if such
a corps be organized, and such appropriations made, the ob-
structions will be removed in a few years and our citizens
relieved from thote great losses of property, to which they
have been ro long exposed, diminish'ng as they have so enor-
mously the profits of their labor and skill. Whilst hberal ap-
propriations are maue for similar purposes to other portions
the Union, and of which we do not complain, your memorial-
ists believe a just regard to the great, diversified, and impor-
tant interests of the valley of the Mississippi will prompt
your honorable body to adopt, at the earliest possible mo-
ment, the most efficient measures to accomplish the object set
forth in this their memorial, and by so doing advance the in-
terests of a people whose great dependence is upon the safe
navigation of their great and majestic river; and at the same
time render that vast out-let of the western world what na-
ture intended it to be, a source of State and National pride
and prosperity; and your memorialists, as in duty bound, will
ever pray, &c.

Resolved by the General Assembly of the State of Illinois^
That our Senators in Congress be instructed to present the
foregoing memorial to the Congress of the United States, and
that those Senators be further instructed, and our Representa-
tives requested, to use their best endeavors to procure the
passage of a law, having for its object the removal of the ob-
structions in said memorial mentioned.

Resolved, That the Governor be requested to transmit a
copy of the foregoing memorial and resolutions to each of our
Senators and Representatives in Congress.

Passed,

RESOLUTIONS. 33P

JOINT RESOLUTION authorising a settlement with the Fund Commis- Gov. & Anrt-

sioner, itur to settia

with late

Resolved by the House of Representatives^ 'the Senate concur-^ "°^ Comir
ring herein^ That tiie Governor and Auditor of Public Ac-
counts be and they are hereby authorised and required to set-
tle with the present Fund Commissioner, John D. Whiteside,
in relation to his dealings as such Fund Commissioner, with-
out delay, and report the result to the General Assembly.

Resolved by the House of Representatives^ /he Senate concur- ^^o. o( St&vo
ring herein, That the Secretary of State be aul.hoi ised to fur- b^nje^wUh
nish the binder with paper for fly leaves foi- book binding for paper for flj
the State. leave*

Passed,

JOINT RESOLUTION in relr.tion to certain plates.

Whereas, there are several p::>;!aved plates belonging to the Preamble
State now in the hands of <'ii.i cavers and others, and which
have heretofore been used lo print State bonds; and where-
as, it is important that thn^j plates should be procured by
the proper authorities of thii State and that they should be
destroyed; therefore,
Resolved by the General Assembly of the Slate of Illinois, Gov. to pro-

That the Governor shall be and he hereby is authorised and ^"""^ P'^'®»

required to procure the possession of all such engraved places,

and cause the same to be ujf.iced or destroyed.
Passed,

MEMORIAL AND RESOLUTIONS to Congress in relation to canaling
the Dea Moines and Rock river rapids on the Mississippi river.

The committee on internal improvements to whom was re- Report
ferred the memorial to Congress of the Territorial Legislature
of Iowa, praying for an appropriation to make canals round
the Des Moines and Rock river rapids, or falls of the Mississip-
pi river, which had been forwarded to the Speaker of the
House of Representatives of the State of Illinois, respectfully
soliciting the co-operation and recommendation of the Legis-
lature of said State in behalf and in the support of the objects
of said memorial, have had the same under consideration and
recommend the adoption of the following preamble and re-
solutions:

Whereas, it appears from all the best information that can be Preamble
obtained, that the falls of the Mississippi liver, commonly
called the Des Moines and Rock river rapids, effectually
obstruct and operate as a barrier to the navigation of the
Mississippi river; and whereas, the best interests of that
beautiful, fertile, and extensive region of country require

RESOLUTIONS.

that a canal should be made round said falls or rapids, in or-
der to facilitate the transportation of its agricultural and
mineral productions to market, and admit vessels to as-
cend said river with such articles of importation as the
wants, necessities, or convenience of the population of said
region may require; and whereas, the cost of such canal
would far exceed the means within the possession of indi-
viduals or of single States, and that such a necessary and
desirable link of international communication can be ac-
complished only by an effort of the General Government;
therefore,

Resolved by the House of Representatives of the State of Illinois^
the Senate concurring therein^ That we heartily concur in the
memorial of the Territorial Legislature of Iowa, praying the
Congress of the United States for an appropriation for the
construction of a canal round the falls of the Mississippi river,
commonly called the Des Moines and Rock river rapids, in
order to remove or avoid the obs(ru(;tions in the navigation of
said river, and thereby facilitate the intercourse between the
inhabitants of that region and those of our common country.
Rf solved, That the Senators and Representatives of the State
iaeiTuctions of Illinois in the Congress of the United States, be requested
to use every exertion in their power to sustain the said me-
, morial from Iowa to Congress, and to obtain the appropria-
tion therein prayed for, both by introducing a bill and other-
wise.

Resolved^ That the Governor of this State forward a copy
of this memorial and resolutions to the Speaker of the House
of Representatives, and to each of our Senators and Represen-
tatives in the Congress of the United States, and to the Go-
vernor of the Territory of Iowa.
Passed,

JOINT RESOLUTION authorizing: the Governor to procure the surrender
of the Jease of S. \i. TiueJejr &, Co., on the Northern Cross Railroad.

Resolved by the House of Representatives^ the Senate concur'

ring herein^ That the Governor be authorised to procure the

€^•v. to pro- surrender of the lease of S. M. Tinsley & Co., on tbe Northern

we Bwrren- Croj,,, Railroad between Springfield and Mcredosia, and toset-
cerof leaseof ^, -,, , , *^ ° I .1 • I ■ . J 'x

H. M. Tinslej "^ With them on such terms as he may thmk just and equita-
ii.Qo.ou ble, and most conducive to the interest of the State; Providfd^
laSlroad ^j^^j. ^j^g Governor shall not promise to pay, or pay, them any

thing for the lease, in which, &lc.

Provided^ That the Governor shrill also be authorised and
required, if it be practicable, to procure the surrender of any
lien which may exist upon the said road and the tolls of the
same.
Passed,

State of Illinois,

Office of Secretary of State,
I, Thompson Campbell, Secretary oi State of the State of Illinois,
hereby certify the foregoing to be true and perfect copies of the enrolled
Laws, Resolutions, and Memorials deposited in this oflBce; the words
piinted in brackets, thus [ ] in the several laws in which they occur,
not being in the enrolled laws, but are introduced in the printed laws for
the purpose of correcting and explaining the same.

In testimony whereof, I have hereunto subscribed my name, at Spring-
field, this 1st of May, 1843.

THOMPSON CAMPBELL,
Secretary of State-

AUDITOR'S REPORT.

Illinois') H. R. ( 13th Assem.

Legis. ^ ( 1st Session.

REPORT

OF THE

AUDITOR OF PUBLIC ACCOUNTS

Of the State of Illinois, to the General Assembly, December 5, 1842.

DECEMBER 5, 1842.
Laid on the table, and ordered to be printed.

Auditor's Office, Illinois,

Springfield, December 5, 1842.
To the Hon. the Speaker

of the House of Representatives:
Sir: In pursuance of the ninth section of an act entitled "An act, to
consolidate the acts relative to the Auditor and Treasurer, and election
of Attorney General," I have the honor to submit to the General Assem-
bly, the following report.

I have the honor to be with great respect,
Your obedient servant,

JAMES SHIELDS,

Auditor of Public Accounts*

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A slatement shewing the condition of the School^ College^ and Seminary
Funds on the first day of December, 1842.

Amount of school fund on the first day of

January, 1842, - - - - $346,326 21

Amount of surplus revenue which was added

to the school fund, 4th March, 1837, - 335,592 32 $681,918 53

Amount of college fund on the 1st day of

January, 1842, - . . 69,249 20

Amount of seminary fund on the 1st day of

January, 1842, - - - 56,817 66

Amount received into the Treasury since the

1st day of January, 1842, - - 100 00

56,917 66

Total amount of school, college and seminary

fund, $808,085 39

5 Fvl

A statement shewing the amount of warrants drawn upon the State Bank
from the \st day of December ^ 1840, to the 1st day of December, 184% for
the current expenses of the State ^ and charged to the following accounts,
viz:

To what charged .

Amount.

Special appropriations, - - -

Interest on school, college and seminary funds,

Wolf scalps, - - - -

Incidental expenses - - -

State House special appropriation.

Interest fund, . - - -

Judiciary, - -

County Assessors, - - - -

Public Printing, - - - -

Circuit Attorneys, - - - -

Distribution of laws and journals,

The Militia, . . - .

Contingent Fund, - - - -

Bounty on silk, - - .

P.edemption money, - - -

Taxes refunded, . - - -

Appropriations to witnesses,

do for library,

do to counties.

Penitentiary Inspectors, - - -

Public Binding, - - - -

General Assembly, . - -

The Governor, - . - .

Auditor of Public Accounts,

Secretary of State, - - -

Treasurer, - - - -

Attorney General, - - -

Deduct from the above sum, amount expended for special

disbursement.
Leaves this sum disbursed for the ordinary expenses of

the Government,

$35,489 48
85,098 75
12,037

5,170
36,8S5
42,350
20,695 19
11,158 17

9,865 28

5,146

1,295

1,670

4,851
530
162

1,037
295

4,810

1,148
228

5,530
67,036 00

3,000 00

4,600 00

3,600 00

3,200 00

1,233 92

00
91
33
00

24
13

00
94
35
96
93
87
00
42
00
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374,401 19
106,896 21

$267,504 98

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A statement of the amount drawn from the Treasury on account of the
Contingent Fund, from December \st^ 1840, to December \st^ 1842.

1840.
Dec. 1.

« 2

1811.

Feb. 20.

»' 26

March 15.

U ((

« 16

April 5.

" 23

To warr.inls to D. Chapman, in full, for fitting
up Speaker's seat, making and hanging cur-
tains, and in the Senate chamber,

To warrants to Wm. Hodge, in full, for pub-
lishing Governor's proclamation, convening
the Legislature, special session, 1840,

To warrants to Jas. L. Boyd, in full, for pub-
lishing the Governor's proclamation, con-
vening the Legislature, special session, 1840,

To vrarrants to S. Francis &; Co., in full, for
publishing the Governor's proclamation, con-
vening the Legislature, sessions 1839 and
'40, and special session 1840, and reward for
the apprehension of Hume, a fugitive from
justice, -------

To warrants to John McDonald, in full, for
publishing in the ''Illinois Sentinel," the Gov-
ernor's proclamation, convening the Legisla-
ture, special session, 1840, - - -

To warrants to T. A. S. Doniphan, in full, for
publishing in "the Mississippi Free Trader"
the Governor's reward offered for the appre-
hension of Jas. Graham, a fugitive from jus-
tice, ..----.

To warrants to Bolton & Patterson, in full,
for publishing the Governor's reward for the
apprehension of E. Bavis and J. Graham, fu-
gitives from justice, - - - -

To warrants to Wm. Stewart, in full, for pub-
lishing the Governor's proclamation, conven-
ing the Legislature, special session, 1840, and
reward for the apprehension of Bavis and Gra-
ham, fugitives from justice, - - -

To warrants to Thomas Henderson, in full,
for his services and expenses in going to the
Executive of Pennsylvania to demand Jas.
P. Graham, accused of the murder of Wm.
A. Law,

To warrants to J. C. Bailhache, in full, for
publishing in "the Alton Telegraph" the
Governor's proclamation, convening the Le-
gislature, special session, 1840,

$ 161 00
5 00
5 25

27 00

5 00

30 00

20 00

13 00

142 75

3 00

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