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Full text of "Laws of the State of Illinois"

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DOCUMENTS COLLECTION 

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SHELVED IN LAW COLLECTION 



USRAR V 
WE&T&H ILLINOIS W*W 




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LAWS 



/ 7 



OF THE 



STATE OF ILLINOIS, 



PASSED BY THE 



FIFTEENTH GENERAL ASSEMBLY, 



THEIR SESSION, BEGUN AND HELD IN THE CITY OF SPRINGFIELD, 
December 7, 1846. 



PUBLISHED IN PURSUANCE OF LAW. 



SPRINGFIELD : 

CHARLES H. LANPHIER, PUBLIC PRINTER 

1847. 



L A Yi 5 



STATE OF ILLINOIS 



AN ACT to apportion the representation in the several counties in this State. 

Section 1. Be it enacted by the People of the Slate of Illinois^ 
represented in the General Assembly, That until the next census, as 
provided by the constitution, shall have been taken, and an appor- 
tionment made thereon, the following shall be the ratio of* repre- 
sentation 1'or this State, viz : That each nineteen thousand white Ratio, 
inhabitants shall be entitled to one senator, and each six thousand 
live hundred white inhabitants shall be entitled to one representative, 
to be apportioned and divided as follows, lo-wit : The county of Ma(Ji 
Madison one senator and two representatives ; the county of St. st C i a j r# 
Clair one senator and two representatives ; the counties of Monroe. Monroe, &c. 
Randolph, and Perry, one senator, and each one representative ; the Montgomery and 
counties of Montgomery and Bond one senator and each one repre- Bond, 
sentative; Washington and Clinton one senator and one representa- Washington and 
tive each 5 the counties of Jackson, Union, Alexander and Pulaski Jackson &c. 
one senator, Jackson one representative, Union one representative, 
and Alexander and Pulaski one representative ; the counties of 
Massac, Pope, Johnson, Williamson, and Franklin one senator, Wassac > &c - 
Pope and Hardin one representative Franklin one representative, 
Williamson one representative, and Johnson and Massac one repre- 
sentative ; the counties of Gallatin, White and Hardin one senator, Gallatin, xc. 
Gallatin one representative, White one representative, and Gallatin 
and White one representative; the counties of Hamilton, Wayne, 
Edwards and Wabash one senator, Hamilton one representative, 
Wayne one representative, Edwards and Wabash one representa- Wayne, &c. 
tive; the counties of Richland, Lawrence, Crawford and Jasper R j cn i an( i &c. 
one senator, Richland and Jasper one representative, Crawford one 
representative, and Lawrence one representative; the counties of ciarkand Edgar. 
Clark and Edgar one senator, Clark one representative, Edgar one 
representative, and Clark and Edgar one representative ; the coun- 
ties of Marion and Jefferson one senator, Marion one representa- ^ Ian ° n and Jef " 
tive, Jefferson one representative*; the counties of Shelby, Coles shelby, &c. 
and Cumberland one senator, Shelby one representative, Coles one 
representative, and Shelby, Coles and Cumberland tne representa- 
tive ; the counties of Fa) ette, Eflingham and Clay one senator, Fayette, &c. 



APPORTIONMENT. 



Lake, &.C. 
Cook. 
Will, &C. 



Hancock, Ad- 
ams, &c. 

McDonough, &c 



Warren, &c. 

Fulton. 

Pike.J 

Macoupin and 
Jersey. 



Greene, &.c. 
Morgan, &.C. 
io Daviess, &c. 

Ogle, &c. 
Lee, &c. 

Sangamon, Jtc. 
Moultrie, &c. 

M«nard, &c. 
Tazewell, &c. 

La Salle, &c. 



Kane and De 
Kalb. 

Peoria, &c 



Districts. 



■mpiions. 



Fayette one representative, and Effingham and Clay one represen- 
tative ; the counties of Lake and McHenry one senator, Lake one 
representative, McHenry one representative, and Lake and Mc- 
Henry one representative together ; the county of Cook one senator 
and four representatives ; the counties of DuPage, Will and 
Iroquois one senator, DuPage one representative, Will two repre- 
sentatives, and Will and Iroquois one representative ; the county of 
Hancock one senator and four representatives ; the counties of 
Adams and Marquette one senator, Adams two representatives, and 
Marquette one representative ; the counties of McDonough, Schuy- 
ler and Brown one senator, McDonough one representative, Schuy- 
ler one representative, and Brown one representative; the counties 
of Warren, Henderson and Knox one senator, Knox and Warren 
one representative, Warren and Henderson one representative, and 
Knox one representative ; the county of Fulton one senator and 
two representatives ; the county of Pike one senator and two rep- 
resentatives ; the counties of Macoupin and Jersey one senator, 
Macoupin one representative, and Jersey one representative ; the 
counties of Greene, Scott and Calhoun one senator, Scott one rep- 
resentative, Greene one representative, and Greene and Calhoun 
one representative ; the counties of Morgan, Cass and Mason one 
senator, Morgan three representatives, Cass one representative, and 
Mason one representative ; the counties of Jo Daviess, Stephenson 
and Carroll one senator, Jo Daviess two representatives, Jo Daviess, 
Stephenson and Carroll one representative, and Stephenson one 
representative ; the counties of Ogle, Winnebago and Boone one 
senator, Ogle one representative, Winnebago one representative, 
and Boone one representative ; the counties of Lee, Whiteside, 
Rock Island, Henry and Mercer one senator, Lee and Whiteside 
one representative, Rock Island, Henry and Mercer two represen- 
tatives ; the counties of Sangamon and Christian one senator, to be 
chosen from Sangamon, Sangamon three representatives, and 
Christian one representative ; the counties of Moultrie, Macon, 
Piatt, Champaign and Vermilion one senator, Moultrie, Macon and 
Piatt one representative, Vermilion one representative, and Ver- 
milion and Champaign one representative ; the counties of Menard, 
Logan, De Witt and McLean one senator, Menard, Logan and De 
Witt two representatives, and McLean one representative ; the 
counties of Tazewell, W r oodford, Marshall and Putnam one senator, 
Tazewell one representative, Tazewell and Woodford one repre- 
sentative, and Marshall and Putnam one representative ; the coun- 
ties of LaSalle, Livingston, Kendall and Grundy one senator, La- 
Salle one representative, LaSalle and Livingston one representative, 
Kendall and Grundy one representative ; the counties of Kane and 
DeKalb one senator and two representatives ; the counties of 
Peoria, Stark and Bureau one senator, Peoria one representative, 
Stark and Bureau one representative, and Peoria, Stark and Bureau 
one representative. 

Sec. 2. Whenever, in the preceding section, two or more coun- 
ties are joined together for the purpose of electing representatives 
or senator, they shall form, and are hereby constituted, districts for 
that purpose. The clerks of the county commissioners' courts in 
each of said districts (except the counties of Will, DuPage and 
Iroquois, the returns from which shall be made to the county of 
Will, and except that the clerks of the several county commission- 



APPROPRIATIONS. 5 

ers 1 courts of the counties in the senatorial districts composed of the 
counties of Franklin, Williamson, Jackson, Pope and Massac, in all 
elections for senator, shall meet at Marion, the county seat of Wil- 
liamson county, to compare the polls of said election,) shall meet at 
the county seat of the oldest county in said district, within fifteen pi ace of meeting, 
days next after any election for senator or representative, in any of 
the said districts, for the purpose of comparing the votes given at 
such election. In case there shall be no elder county in the dis- 
trict, then the said clerks shall meet, for the purpose above men- 
tioned, at the county seat of the county that has the largest popula- 
tion,* as shown by the census that last preceded sucli election. 

Sec. 3. Districts formed under this act, having a senator or rep- 
resentative residing within the boundaries so formed, such senator senators & rep-i 
or representative shall be and remain the senator or representative resentall ^ s t0 
of the district so formed for the term during which they were re- 
spectively elected ; and this act shall not bo so construed as to 
authorize, at any one time, more senators or representatives in the 
Legislature than this act provides for. 

Sec. 4. If any vacancy shall occur in the office of any senator 
who shall hold over, by death, resignation, or otherwise, during the 
time for which he was elected, then, and in such case, the new 
district shall fill said vacancy, any thing in this act to the contrary vacancies, 
notwithstanding, except when two senators shall hold over, and re- 
siding in the same district, then, and in that case, such vacancy 
shall not be filled by an election under this act, until after the expi- 
ration of the time for which such senators shall have been elected, 
unless the office of both shall become vacant as aforesaid, then the 
last vacancy shall be filled in manner and form aforesaid. 

Approved, February 25, 1847. 



A'N ACT making appropriations for the years one thousasx] eight hundred and forty- 
seven and forty-eight. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the sum of six thonsand^ 600 o. coutin- 
dollars be, and the same is, hereby appropriated, as a con- gent fund, 
tingent fund, to meet the contingent expenses of the State govern- 
ment for the years one thousand eight hundred and forty-seven and 
one thousand eight hundred and forty-eight ; and the said fund shall 
be subject to the order of the Governor, for the purpose of defray- 
ing all such expenses as are unforseen by the General Assembly, 
or are unprovided for by law, and a proper statement of which shall 
be laid before the next General Assembly of tnis State by the au- 
ditor, in his biennial report. 

Sec 2. The following sums are hereby appropriated for the Sa]ai . y ofoflic<T9 
salaries of the several officers hereinafter mentioned, for the years 
one thousand eight hundred and forty-seven and one thousand eight 
hundred and forty-eight : 

1st. To the Governor, the sum of four thousand dollars. 

2d. To the auditor of public accounts, for his own salary, the 
sum of one thousand dollars per annum ; and to the said auditor, 



6 



APPROPRIATIONS. 



for clerk hire, the sum of one thousand and three hundred dollars 
per annum ; and he is hereby required to keep three clerks con- 
stantly employed in his office, during the years one thousand eight 
hundred and forty-seven and one thousand eight hundred and forty- 
eight. 

3d. To the State treasurer, including cierk hire, the sum of two 
thousand dollars for two years. 

4th, To the secretary of State, including clerk hire, the sum of 
two thousand dollars. 
Judges of su- 5th. To chief justice Wilson, and associate justices Lockwood, 
premec&urt. Browne, Treat, Thomas, Caton, Purple, Koerner and Denning, 
each the sum of one thousand five hundred dollars per annum. 

6th. To the judge of the Cook county court, the sum of one 
thousand seven hundred dollars, for holding the Cook and Jo Da- 
viess county courts. 

7th. To the prosecuting attorney of said Cook county court, 
the sum of two hundred and fifty dollars per annum. 

8th. To the attorney general, the sum of one thousand dollars. 

9th. To the State's attorneys, each the sum of five hundred dol- 
lars. 

10th. To the inspectors of the penitentiary, each the sum of one 
dollar and fifty cents per day : Pr<vi<kd, the same shall not exceed 
the sum of one hundred dollars per annum. 

11th. To Michael Macnamara, the porter to the State officers, 
the sum of three hundred dollars per annum. 

12th. To the secretary employed in the fund commissioner's 
office, the sum of eight hundred dollars. 

13th. To the prosecuting attorney of the Jo Daviess county 
court, the sum of two hundred dollars. And it shall be the duty 
of the auditor of public accounts to issue his warrant on the 
treasurer for quarterly payments to the foregoing named officers. 
Sperfrer of Sen- ^ EC - 3. There shall be allowed to the speaker of the Senate and 
ate ind House of House of Representatives, each, the sum of six dollars per day, 
Reueser.tatives an( j ^ ie gum f f our c i ]i ars f or every twenty miles necessary travel, 
in going to and returning from the seat of government. To each 
member of the Senate and House of Representatives, the sum of 
four dollars per day during the present session, and the sum of four 
dollars for every twenty miles necessary travel, in going to and re- 
turning from the seat of government. To the secretary and assist- 
ant secretary of the Senate, and to the clerk and assistant clerk 
of the House of Representatives, each, the sum of five dollars per 
day. To the sergeant -at-arms and assistant sergeant-at-arms of 
the Senate, and the doorkeeper and assistant doorkeeper of the 
House of Representatives, each, the sum of four dollars per day. 
To the enorossino: and enrolling: clerks of the Senate and House 
of Representatives, each, the sum of four dollars per day. To the 
assistant engrossing and enrolling clerks of the Senate and House 
of Representatives, each, the sum of four dollars per day for the 
time actually employed. To the copyists of the journals of the 
Senate and House of Representatives, each, the sum of three dol- 
Certif3cate«tobel ars anc J fifty cents per day. And the said compensation, when due 
to the officers and members of the Senate, shall be certified by the 
secretary thereof, with the exception of his own compensation, 
which shall be certified by the speaker ; and the compensation that 
may be due to the officers and members of the House of Repre- 



APPROPRIATIONS. 



sentatives, shall be certified by the principal clerk thereof, and that] 
of the clerk by the speaker ; which said certificates, when made' 
and signed as aforesaid, shall be sufficient evidence to the auditor 
of each person's claim respectively, who shall issue his warrant 
on the treasury for the amount to which such person shall be enti- 
tled, as aforesaid, to be paid out of any moneys in the treasury not 
otherwise appropriated. To the clerk of the Council of Revision, 
the sum of three dollars per day, while actually employed, to be cer- 
tified by the Governor. To E. B. Washburne, former prosecuting 
attorney for the Jo Daviess county court, two hundred dollars, for 
the years one thousand eight hundred and forty-five and one thous- 
and eight hundred and forty-six. To Lincoln B. Knowlton, the pay 
and mileage of a member of the Senate, during the time he was con- 
testing his seat ; the mileage and number of days' attendance to be 
certihed by the secretary of the Senate. To Robert Bell, for ser- 
vices rendered as clerk of the joint select committee upon the claim 
of Michael Kennedy, employed by order of the Senate, twenty dol- 
lars. To the Rev. Messrs. Bergen, Hale, Dresser, Barger, Spring- 
er and Bailey, the sum of sixteen dollars, each, for their attending 
the Senate chamber and hall of Representatives, and rendering 
services as hcaplains, during the present session. To each of the 
members of the joint select, committee, appointed to, and who actu- 
ally did, visit the penitentiary, the sum of twenty-five dollars. To 
Sarah Wall, for repairing carpets for the House and Senate, the 
sum of eleven dollars and twenty-five cents. To Mary Wall, for 
repairing carpets for the House and Senate, the sum of eleven dol- 
lars and twenty-five cents. To Thomas Connor and James Connor, 
the two extra hands employed for carrying wood, &c, for the use 
of the Senate and House of Representatives, each, the sum of one 
dollar per day, for the time actually employed ; to be certified to the 
auditor by the secretary of State. To J. Cradock, for materials 
furnished and repairs made about the doors of the State house, as 
per account filed, the sum of seven dollars. To J. W. Keyes, for 
administering oath to the members of both branches of the present 
General Assembly, the sum of ten dollars. To Priest and Moore, 
for articles furnished and labor performed, in and about the several 
rooms in the State House, as per account filed, the sum of eighty- 
four dollars and forty-two cents. To M. Doyle, for candles, &c, 
for the use of the Sl,ate, as per account filed, the sum of four hun- 
dred and eighty-six dollars and thirty-nine cents. To Washington 
lies, for candles, &c, furnished for the use of the State, as per bill 
filed, the sum of six dollars and eighty-four cents. To Wallace and 
Diller, for half gross best matches, the sum of seventy-five cents. 
To E. B. Pease, for articles furnished for the use of the State, as 
per account filed, the sum of eleven dollars and eight cents. To 
Bradford and Smith, for articles furnished for the use of the State, the 
sum of one dollar. To James L. Lamb, for articles furnished for 
the use of the State in one thousand eight hundred and forty -three, 
as per account filed, three dollars and thirty-eight cents. To Con- 
dell, Jones and Co., for articles furnished for the use of the State, as 
per account filed, the sum of fifteen dollars and sixty cents. To 
D. and I. P. Spear, for articles furnished for the use of the State, 
as per account filed, the sum of thirty dollars and seventy-five cents. 
To George Spade, for labor performed and articles furnished for the 
use of the State, as per account filed, the sum of fifty-one dollars 



APPROPRIATIONS. 

and twenty-five cents. To S. M. Tinsley and Co., for articles by 
them furnished for the use of the State, as per account filed, the sum 
of four hundred and sixteen [dollars] and seventeen cents. To the 
secretary of State, for making index to the journals of the Senate 
and House of Representatives of the present session of the General 
Assembly, and for copying the laws and making marginal notes and 
index thereto, the sum of five hundred dollars. To Johnson and 
Bradford, for extra work in binding the Revised Laws, the sum of 
three hundred dollars. To Murray McConnell, four dollars and 
fifty cents, for one day's service as assistant clerk, pro tern. To 
John Hutchinson, the sum of forty-two dollars and ten cents, in 
full l'or the funeral expenses of the Hon. William Rhodes, deceased. 
To William Thomas, the sum of five dollars, the amount by him paid 
to Mr. Myers, for preparing the State house for the deaf and dumb 
exhibition. 

Approved, February 28, 1847. 



AN ACT making appropriations for the completion of the State house, 

$2o ; ooo appro- Sec 1 . Be it enacted by the People of the State of Illinois represented 
pnae ' inthe General Assembly, That the sum of twenty thousand dollars be, 

and the same is hereby , appropriated to defray the expenses of complet- 
ing the State house, one half of said sum payable in the year eigh- 
teen hundred and forty-seven, and the balance in the year eighteen 
hundred and forty-eight. 

Sec 2. It shall be the duty of the Governor, auditor and trea- 

Governor, trea- . ■* . 

surer, & auditor surer to cause the said building to be completed in the manner and 

empowered, &.c. upon the plan heretofore agreed upon, and to enclose the square with 

a good substantial plank fence, and immediately on the passage of 

this act to contract with the lowest responsible bidder for the work 

and materials, after giving thirty days' public notice, to be published 

in such papers and at such places as the Governor shall direct. 

Notice. Sec 3. If the amount hereby appropriated shall not be deemed 

sufficient to complete the whole, it shall be their duty to apply the 

Directions. ft rs {. expenditure to the completion of the exteri- r, the enclosure of 

the grounds, and repairing the roof, and, if in their opinion it shall be 

advisable, to have the dome taken off. 

Sec 4. On the order of the board of commissioners appointed 
Auditor to issue in the second section cf this act, it shall be the duty of the auditor 
warrants. ^ Q j ssue a warrant on the treasury for the amount ordered from time 

to time as may be required to make payment, under any contract 
said board may make ; said commissioners may make one entire 
contract, or let it out in separate parts, as in their opinion the pub- 
lic interest may require. 

Sec 5. It shall be the duty of said board to furnish a plan, with 
• specifications of the contracts proposed to be let out, and to exhibit 

n . . the amount of materials on hand to be used in the execution of the 

Bond and secu- . , , . •, , 

r.ity. work, and to require the contractors to give bond, with approved 

security, for the performance of their contracts. 

Approved, February 16, 1847. 



APPROPRIATIONS. 



AN ACT making appropriations for the pay of certain persons therein named, acting for 
and under the authority of the State. 

Sec. 1. Be it enacted by the People of the Slate of Illinois, repre- Auditor to issue 
senled in the General Assembly, That the auditor of public accounts ™ arrants t0 , per " 

,., , .,•*'. i-T-iii • r sons n ameu 

be authorized and required to issue to the individuals heremaiter herein. 

mentioned, warrants ibr the sums specified, to wit : 

To B. C. Webster & Co., for articles furnished for the funerals of 
the Hon. Wm. Hendry and the Hon. Wm. Rhodes, for twenty-seven 
dollars and seventy-five cents ; to E. D. Taylor, for articles fur- 
nished for the funeral of Hon. Wm. Rhodes, for five dollars and six- 
ty-two cents ; to Dr. W. S. Wallace, for attendance upon Hon. Wm. 
Rhodes, for six dollars ; to Dr. E. H. Merryman, for attendance 
upon Hon. Wm. Rhodes, for fifty-nine dollars ; to King and Ball, for 
services rendered as barbers to the Hon. Wm. Rhodes, one dollar 
and fifty cents ; to S. S. Brooks, twenty-five dollars, as assistant 
secretary of the Senate, under a special resolution; to Wilson and Co., 
of Rushville, the sum of twenty-five dollars, for coffee and sugar 
furnished the troops in 1844 and '5. 

Sec 2. That the Governor of this State be, and he is hereby, Governor toau- 
authorized to audit the claim of Green B. Redman, for work donedit claim of c 
on the great western mail route, under the system of internal im- B- Redman ' 
prvoments, a balance stated to be due said Redman, and on the pro- 
duction of evidence by said Redman to the attorney general, to be 
by him examined and approved; in his absence,then by the Governor, 
the Governor being satisfied of the justness of the claim, shall issue To issue scrip, 
scrip for the amount, with interest at the rate of six per cent, per 
annum, allowing him back interest, if considered just and due to 
said Redman. 

Approved, March 1, 1847. 



AN ACT making appropriations for the pay of the officers and privates in the expedition 
to Hancock county, in the fall of the year one thousand eight hundred and forty-six, 
under Governor Ford. 

Section 1. Be it enacted by the Feople of the Slate of Illinois, 
represented in the General Assembly, That the abstracts of the certifi- Abstracts of cer- 
cates for provisions and materials, as per certificates of John B. tificates of John 
Weber, in the Nauvoo expedition, under Governor Ford, in one B * Weber « 
thousand eight hundred and forty-six, amounting to two thousand 
five hundred and eighty-two dollars and ten cents ; also, the abstracts of A. Hickox. 
of certificates of A. Hickox, assistant quartermaster, for ammuni- 
tion and provisions, amounting to seven hundred dollars and fourteen 
cents; also, the abstracts of the certificates for ammunition and provi- 
sions, issued by quartermaster Haverkluft, amounting to eleven of quartermas- 
hundred and forty-three dollars and twenty-six cents ; also, the ter Haverkluft. 
pay-roll of of the staff of Governor Ford ; to R. H. McDonald, as JgJ. of Gov ' 
captain, fifty-eight dollars and eighty-seven cents; to John M. Pay-roll of capt. 
Young, as captain, sixty dollars and ninety cents ; also, the pay-roll A l len ' s Ab co t mpa I 
of the company commanded by captain Allen, as per abstracts to be to be filed. 



10 



APPROPRIATIONS. 



filed in' the auditor's office, amounting to eight hundred and sixty- 
five dollars and seventy-three cents ; also, the pay-roll of the com- 

„ , pany commanded by captain J. Connelly, as per abstracts to be filed 
Pay-roll of cap- 1 J J r j\ r~ 

tain J. connei-in the auditor's ofhce, amounting to nine hundred and lorty-four 
ly's company. dollars and fifty-eight cents ; also, the pay-roll of the company com- 
p oUof capt ,manded by captain Haverkluft, as per abstracts to be tiled in the 
Haverkiui't's auditor's office, amounting to two hundred and sixty-two dollars 
company. an( j thirty-eight cents ; also, the pay-roll of the company commanded 

Pay-roil captain by captain Jackson, as per abstracts to be filed in the auditor's 
Jackson's com- fg cej amounting to four hundred and twenty-seven dollars and 
pany * twenty-four cents; also, the pay-roll of the company commanded by 

Pay-roll captain captain Head, as per abstracts to be filed in the auditor's office, 
Head's com l )a - amounting to two hundred and ninety dollars and forty-six cents ; 



Pay-roil captain also, the pay-roll of the company commanded by captain Hopkins 
Hopkins' com- as per abstracts to be filed in the auditor's office, amounting to 
pany ' three hundred and sixty-four dollars and four cents ; also, the pay- 

Pay-roii Battal-roll of the battalion staff, as per abstracts to be filed in the auditor's 
iou staff. office, amounting to two hundred and ninety-seven dollars and eighty- 

Pay .roll G. r. seven cents ; also, the pay-roll of the officers in G. R. Weber's 
Weber's Battai- battalion, as per abstracts to be filed in the auditor's office, amount- 
lon- ing to four hundred and eight) -nine dollars and twenty-four cents ; 

Deductions to after deducting any amount that has been received by any of the per- 
be made. sons named on each or any of said pay-rolls : Provided, that the 

mounted men, to the number of fifteen, embraced in the pay-roll of 
captain Allen's company aforesaid, shall receive one dollar per day 
for their services in full, and the deduction of twenty-eight dollars 
and fifty-seven cents, overcharge in the allowance to captain Con- 
nellv, leaving a balance of two hundred and ninety-one dollars and 
forty-three cents, be, and is hereby, appropriated, to be paid to the 
said mounted men in captain Allen's company for the services 
aforesaid. 

Sec 2. On application of any person, or his agent, the auditor 
Auditor to is- Q f p UD ]j c accounts shall issue his warrant on the treasury for the 
To be in fail for amount due such applicant, which shall be in full for the services 
services in iS49. renc ] ere( | the State in the year one thousand eight hundred and forty- 
six, under the several commanders named in the first section of 
this act. 

Approved, March 1, 1847. 



AN ACT malting partial appropriations. 

Sec. 1. Be it enacted hj the People of the Slate of Illinois, repre- 
sented in the General Assembly, That the auditor of public accounts 
be, and he is hereby, required to draw warrants on the treasury for 
the sum of one hundred dollars to each member of the General As- 
sembly, and like warrants to the speaker of each House, the secre- 
tary and assistant secretary of the Senate, the clerk and assistant 
clerk of the House of Representatives, each of the enrolling and 
engrossing clerks, each of the door-keepers and assistant door- 
keepers : and for the sum of fifty dollars to each of the copyists of 
the journals of each House, and the secretary of the Council of Re- 



APPROPRIATIONS. 

vision ; and also to Ex-Lieut. Governor Moore, the sum of thirty- 
dollars, for his services this session as speaker of the Senate. 

Sec. 2. That any money which may now be in the treasury, 
or may come into the treasury previous to the first day of March, 
1847, not otherwise appropriated by law, shall be applied to the 
payment of the expenses of the present session. 

Approved, December 18, 1846. 



11 



AN ACT making appropriations to the individuals therein named, for subsistence, clothing, 
forage, and materials furnished the Illinois Militia, under the command of brigadier 
general John I. Hardin and major W. B. Warren, during the years one thousand eight 
hundred and forty-five and forty-sis. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the following sums of 
money be appropriated towards defraying the expenses attending 
the service of the Illinois militia, during the fall of the year one 
thousand eight hundred and forty-five, and part of the year one 
thousand eight hundred and forty-six, and that the auditor be, and 
he is hereby, authorised and required to issue warrants upon the 
treasury for the following sums of money, viz : To J. B. Kimball, 
for the sum of one thousand seven hundred and fifty-nine dollars 
and twenty-eight cents i to J. B. Kimball, as assignee of James 
Taylor, eleven dollars and fifty-five cents ; to J. B. Kimball, as 
assignee of Thomas Mockbee, four dollars and fifty cents ; to J. B. 
Kimball, as assignee of E. Fuller, for twelve dollars and fifty cents ; 
to J. B. Kimball, as assignee of Isaac Wilson, for the sum of one 
hundred and fifteen dollars and thirty-nine cents ; to the same, as 
assignee of J. F. Charles, for twenty dollars ; to the same, as 
assignee of H. P. Southworth, for twelve dollars and fifty cents ; 
to the same, as assignee of D. Cocklin, for sixty-five dollars and 
forty-three cents ; to the same, as assignee of Samuel Scott, for 
thirty dollars ; to James M. Seehorn, assignee of Calvin Cole, for 
thirty-five dollars and thirteen cents ; to Benjamin Clarke, for the 
sum of nine hundred and twenty-three dollars and seventy-four 
cents ; to the same, as assignee of William Kimbrough, for thirty- 
two dollars and twenty-five cents ; to the same, for one hundred 
dollars and seventeen cents ; to the same, as assignee of John 
Wilson, for sixty-two dollars and sixty-one cents ; to the same, as 
assignee of David Butterworth, for thirty-five dollars and thirty- 
eight cents ; to the same, as assignee of Frederick D. Palmer, for 
ten dollars and forty cents ; to the same, as assignee of D. R. Fales, 
for tvo dollars and fifty cents ; to J. H. Sherman, for fourteen 
hundred and four dollars and thirty- five cents ; to the same, as as- 
signee of Christopher Tallant, for twenty dollars ; to the same, as 
assignee of Thomas L. Barnes, for two hundred and seventy-nine 
dollars ; to W. T. Daisy, for fifty-one dollars and thirty-two cents ; 
to John B. Schwindler and Wilson Lane, (for their services as 
guards over J. B. Backentos, from Quincy to Nauvoo, by order of 
Major McDougall, and for their expenses,) for twelve dollars and 
fifty cents, each ; to William A. Hinman and William A. Rich- 
ardson, assignees of Thomas D. Worsley, one hundred and one 
dollars ; to Joseph Johnsun, for five dollars ; to Wilson and Wil- 



1 2 APPROPRIATIONS. 

liams, assignees of John White, for three dollars ; to Benjamin 
Gallup, for seven dollars and twenty cents ; to Joseph Barnes, for 
fifteen dollars ; to Benjamin Chadsey, for thirty-five dollars ; to 
Johnson and Bradford, assignees of J. B. Backentos, five dollars ; 
to J. D. Rawlins, for the sum of four hundred and fifteen dollars 
and seventy-five cents ; to Artois Hamilton, for the sum of thirteen 
hundred and eighty-two dollars aud twenty-two cents ; to the same, 
for thirty-seven dollars and fifty-five cents ; to Taylor and Rand, 
for seventy dollars and eighty-three cents ; to Charles Dudley, for 
twenty dollars ; to Allen McQuary, for seven*y-seven dollars and 
eighty-five cents ; to A. W. Blakesley, for ten dollars and eighty 
cents ; to E. Rand, for two hundred and five dollars and seventy- 
four cents ; to W. H. Rollason, for one hundred and twenty-one 
dollars and five cents ; to Brandt and Agnew, for nine dollars ; 
to Alexander Simpson, for twenty-seven dollars ; to Frederick 
Loring, for seventy-one dollars and thirty cents ; to L. C. Ste- 
phenson, for one hundred and thirty-nine dollars ; to William H. 
Randolph, for eighty-six dollars ; to A. N. Thompson, for forty* 
eight dollars sixty cents ; to Tweed and Freeman, for one hundred 
and forty-five dollars and fifty-five cents ; to J. B. Backenstos, for 
four dollars and seventy-five cents ; to James Clarke, for five dol- 
lars ; to Cornelius Hook, for eighty-one dollars and fifty cents ; to 
M. A. Tucker, for twenty-seven dollars and fifty cents; toB. F. and 
F. Stephenson, for forty-one dollars ; to M. Couchman, for fourteen 
dollars and fifty cents ; to W. Kendall, for three dollars and fifty 
cents ; to Mrs. A. B. Deming, for seventy-two dollars and ninety 
cents; to Mrs. H. Baldwin, for thirty dollars and fifty cents ; to 
Mrs. H. Williams, for fifty-seven dollars and eighty-nine cents ; to 
M. F. Peibler, for seven dollars and eighty cents ; to W. Presson, 
for twenty-four dollars and fifty cents ; to the same, for five dollars 
and twenty-five cents ; to W. Medcalf, for six dollars ; to P. War- 
ren, for four hundred and eighty-one dollars ; to F. B. Rose, for one 
hundred and twen'y dollars ; to C. S. Hamilton, for ten dollars ; to 
Thomas Elms, for ninety-two dollars and fifty-five cents ; to N. P. 
Tinsley and Co., for two hundred and thirteen dollars and seven 
cents ; to R. Trabue, for one dollar and seventy-five cents ; to J. E. 
Dunn, for five dollars and twenty- five cents; to D. S.Ames, for 
two hundred and fifteen dollars and fifty cents; to William dick- 
ering, for three hundred and seventy-five dollars and ninety-two 
cents; to C. and S, W. Everett, for fifty-eight dollars and ninety-five 
cents ; to John Haggard, for four dollars , to Moses Turner for fifty 
dollars ; to A. V. Tuyle, for one hundred and fifty-one dollars and 
fifty cents; to Mrs. E. Smith, for nine dollars; to J. Smith and Co., 
for five hundred and seventeen dollars and ninety cents ; to Free- 
man Hurst and Co., for lour dollars and ten cents; to Dr. L. 
Evans, for ninety-four dollars and sixty cents ; to T. D. Eames, for 
ten dollars ; to K. Hockenhull, for sixteen dollars and sixty seven 
cents ; to Lathrop and Bancroft, for sixteen dollars and sixty cents ; 
to J. Neeley? for thirteen dollars and seventy-five cents; to J. and S. 
Dnnlap, for eleven dollars and eighty-thres cents ; to Artois Ham- 
ilton, for eight dollars ; to S. M. Tinsley and Co., for three hundred 
and forty-eight dollars and fifteen cents ; to James McCroskey for 
thirty-seven dollars and three cents; to J. B. Kimball, for fifty dol- 
lars ; to Little tmd Ray, for the sum of tuo hundred and filly-one 
dollars and sixty-five cents ; to J. Currier, for Ihe sum of fifteen 
dollars; Moses Ingersoll, for the sum of eight dollars ; J. Catlin, 



APPROPRIATIONS. 

for the sum of eight dollars ; Israel Schoomaker, for the sum of 
three dollars and twenty-five cents ; J. H. Catlin, for the sum of 
ten dollars ; William D. Abernethy, for the sum of twenty -six dol- 
lars and twenty-three cents ; Joseph Worthen, for the sum of twen- 
ty-four dollars and fifty-seven cents ; Edward A. Bedell, for the 
sum of eleven dollars and eighteen cents ; D. Babbitt, for the sum 
of five dollars ; Joseph Stephens, for the sum of fifteen dollars ; 
Jackson Grimshaw, for the sum of thirteen dollars and sixty-six 
cents ; W. R. Wells, for the sum of four dollars and fifty-five cents ; 
J. H. Catlin, for the sum of five dollars ; J. B. Donalson, for the 
sum of seven dollars and sixty-eight [cents]; John Marshall, for 
the sum of fifteen dollars ; E. Rand, for the sum of fourteen dol- 
lars ; T. N. Reynolds, for the sum of thirty-two dollars and ten 
cents; Gould, Mellon and Spencer, for the sum of thirty-nine dol- 
lars ; John E. Johnson, for the sum of eight dollars and sixty-seven 
cents ; Williams and Wilson, for the sum of fourteen dollars and 
fifty cents ; the same, for the sum of sixteen dollars and sixty-six 
cents ; Samuel Chandler, for the sum of seven dollars and twelve 
cents ; E. Chandler, for the sum of two dollars and seventy cents ; 
D. Gouchenor, for the sum of four dollars and forty-five cents ; 
which said several warrants, when thus drawn and delivered to the 
individuals above named, or their assigns, agents or attorneys, shall 
be in full of the claims against the State of Illinois of the said indi- 
viduals and their assignors, for materials furnished to, or on account 
of the troops called into the service of the State, during the period 
above mentioned, and under the command of the officers aforesaid. 

Sec 2. This act shall take effect, and be in force, from and af- 
s passage. 

Approved, January 22, 1847. 



I'd 



AN ACT making partial appropriations. 

Be it enacted by the people of the State of Illinois, represented in the 
General Assembly, That the auditor of public accounts be required Auditor t0 isswe 
to issue warrants, to the amount of one hundred dollars, to each ofmembers and 
the members of the General Assembly, to the speaker, secretary, omc e« for $io» 
assistant secretary, engrossing and enrolling clerk, and door- each " 
keepers of the Senate ; the speaker, clerk, assistant clerk, en- 
grossing and enrolling clerk, and doorkeepers, of the House of 
Representatives, and to the clerk of the Council of Revision, and to To cop,^ | 0ir 
each of the copyists of the journals of each House, fifty dollars. $eo each. 

Approved, February 5, 1847. 



AN ACT making compensation to Stevens and Trenchery, of Alton, for storage on rail- 
road iron belonging to the State. 

Section 1. Be it enacted by the People of the State of Illinois t 
represented in the General Assembly, That Alfred Stevens and Emil- 



1 4 APPROPRIATIONS. 

litis Trenchery, late composing the firm of Stevens and Trenchery, 
j age / be and hereby [are] allowed the sum of four hundred dollars, in full 

for storage of railroad iron, belonging to the State, from the fifteenth 
day of November, A. D., one thousand eight hundred and forty- 
one, to the twenty-first day of June, A. D., one thousand eight hun- 
dred and forty-three, for which they have received no compensa- 
tion. 
Auditor to is- Sec 2. The auditor of the State of Illinois is hereby aulhor- 
sue ' ' ized and directed to issue his warrant, or warrants, for the above 

sums to the said Stevens and Trenchery, or their assigns. 
Approved, February 13, 1847. 



AN ACT to amend " An Act making appropriations for the pay and expenses of the 
Illinois militia, called into service by the commander-in-chief during the year one 
thousand eight hundred and forty-four," iu force February twenty-sixth, one thousand 
eight hundred and forty-live. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the two hundred and 
seventy-eight dollars thirty-six cents, appropriated by the third 
paragraph of the first section of the act entitled, " An act making 
appropriations for the pay and expenses of the Illinois militia, 
called into service by the commander-in-chief during the year one 
thousand eight hundred and forty-four," approved on the twenty- 
sixth day of February, one thousand eight hundred and firty-five, 
to the regiment commanded by Thomas S. Brockman, shall be paid 
John P. Nye, to John P. Nye, of Brown county, for the use of said regiment, to 
paymaster. j^g ^y n j m p^j f_ tfi e several persons entitled to the same, for their 
services in said regiment; the correctness of the pay-roll on which 
said payments are to be made, Jo be certified by the said Thomas 
S. Brockman, or, in case of his death, by the surviving officer next 
in rank who served in said regiment. 

Sec 2. Before receiving the auditor's warrants for said sura 
Shall file bond. f mone y, the said John P. Nye shall file with the auditor a bond 
payable to the people of the State of Illinois, in the penalty of five 
hundred dollars, with two or more responsible freeholders as secu- 
rity, their sufficiency to be approved and certified by at least two 
of the county commissiot ers of Brown county, conditioned that he 
wil', without unreasonable delay, pay over the auditor's warrants 
which he may receive, to the several persons entitled thereto, under 
the provisions of this act; which bond shall be filed by the 
To be evidence. auditor, and a copy thereof, certified by the auditor, shall be 

evidence in any suit or action brought upon the same, 
separate actions j>ec 3. Separate actions may be maintained upon said bond, and 
may be mam- recove ries had in the name of the people aforesaid, for the \i>e of 
any person entitled to any part of said sum of money ; and in c;>se 
said Nye shall fail or refuse to pay, on demand, any person enti- 
tled to any part of said money, such person may have his action on 
said bond in the name of the people to his use, before any court or 
jit:>tice of the peace having jurisdiction of the amount claimed by 
such person, and the recovery in any action brought upon said bond 



APPROPRIATIONS. 25 

shall be for the amount proved to be due the person sueing, and 
not for the penalty of the bond. 

Sec. 4. The said Nye shall, within six months after the passage 
of this act, transmit to, or file with, the auditor of public accounts, poll to be 
the pay-roll on which he may pay out the money aforesaid, with transmitted to 
the receipts of the persons entitled to said money, for their respect- audltor - 
ive portions thereof, and in case of failure, he and his securities 
shall be liable to an action upon the bond in favor of the people, bond- 
and to a recovery in said action for the whole amount of the war-» 
rants received by him under the provisions of this act. 

Approved, February 13, 1847. 



AN ACT making appropriations for purposes therein specified. 

Be it enacted by the People of the Sta e of Illinois, represented in 
the General Assembly, That the following sums are hereby appro- 
priated to the several individuals hereinafter mentioned. To John 
E. Rail, for attendance on the late Hon. William Hendry during his 
last illness, to furnishing shroud and other materials for his corpse, 
to twelve days' hire of carriage, horses and two hands, in sending 
corpse to Adams county, and to expenses of same, $85 00. To 
Josiah Francis, for coffin and air-tight box, to fifteen yards of cloth, 
chloride of lime, saltpetre, &c, and wrapping corpse and attending 
funeral with hearse, $23 00. To Jesse R. Clark, for services as 
messenger to inform Mr. Hendry's family of his death, and expen- 
ses of trip, $32 00. To William S. Wallace, for medical attendance, 
$12 50. 

Approved, February 15. 1847. 



AN ACT for the relief of the persons therein named. 

Section 1. Be it enacted by the People of the State of Illinois, 
represznhd in the General Jlssembly, That the following sums of 
m iney be appropriated to the persons herein named, viz: To J. j. wickershain. 
Wickershain, fifteen dollars, for use of horse in conveying the remains 
of the Hon. Win. Hendry to Adams county; to D. Hibberd, five dol-D. Hibberd. 
lars, for forage furnished gen. Hardin's troops in one thousand eight 
band red and I'orty-rive, as per voucher of quartermaster Neek; to J. 

B. VLilthews, tbe sum ol thirty-four dollars and ninelv cenls.i'or arti- „ 

dc • i i ,i -i • ,. i ^ '■ , ,J. B. Mathews* 

i?s ldriuslie I the troops m the service ot the State, m one thousand 

eight hundred and forty-four, as per voucher of the quartermaster; 

to Calvin Cole, the sum of twenty-two dollars, in full for services of Calvin Cole. 

team in transporting baggage for troops in service of the Slate, in 

one thousand eijjht hundred and forty- lb ur ; to J. C. Duncan, as- J. c. Duncan. 

si:nee of Thomas Davis, nineteen dollars and twenty-live cents; lo 

Chancery Haskille, James Dunlap, Moses Broad well, W. J. Deha-others. 



16 



APPROPRIATIONS. 



ven, James Hope, Robert A. Likely, and George W. Johnson, each, 
four dollars and fifty cents ; to Joel Catlin, fourteen dollars. 

Sec. 2. That the auditor of public accounts be, and he is here- 
Warrants. , required to issue warrants on the treasurer for the amounls 

above named. 

Sec 3. This act to be in force from and after its passage. 
Approved, February 26, 1847. 



AN \CT making appropriations for the pay of the officers and privates under the com- 
mand of general J. J. Hardin and major W. B. Warren, dunng the years 1845 and '46. 

Sec 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the muster and pay-rolls of the 
several companies of militia, called into the service of this State to 
aid in the execution of the laws in the county of Hancock, in the 
fall of one thousand eight hundred and forty-five, under the com- 
mand of general John J. Hardin, also the pay-rolls of the compa- 
nies which were continued in said service under the command of 
major W. B. Warren, also the pay-rolls of the battalion staff under 
v. said Warren also the pay-rolls of the regimental and battalion stall 
S^l^J^^nerJil^ be filed with the auditor of public 
tor - fc accounts, so that warrants may issue as hereinafter directed, tor the 

warrants to be y - the amount due the officers and privates who were em- 
ployed in said service, at the rates specified in a report of the finance 
committee, accompanying said pay-rolls. # 

sum appropria- Sec 2. That the sum of seventeen thousand and sixty-five dol- 
K aPPr ° Pm lars and forty-three cents be, and the same is hereby appropriated 
for the payment of said officers and privates, and the auditor is 
hereby authorized and required to draw warrants upon the treasury 
for the balance due each officer and private, for the time charged [in 
said pay-roll, at the rates in said report: Provided, that the auditor 
shall not draw warrants in favor of any of said claimants, except by 
order of said claimant, or of his wife in said claimant s absence, or 
his legal representative, and if any of the officers or privates on said 
pay-rolls ha've overdrawn the amount due them at the .rate, herein 
referred to, they shall pay such excess back into the State treasu- 

,„, flh rn ry S E c3. Be it farther enacted, That whenever hereafter the Gov- 
e^rl^caTSernor shall call out the militia, or call for volunteers to suppress in- 
out militia. surrec tions, or to execute the laws, it shall not be lawful for the 
Governor, or any other officer, to receive into service any .company 
which shall not contain at least fifty privates, or any battalion which 
shall not consist of at least three companies, or any r fg iraen ™^ 
shall not consist of at least two battalions nor shal any officer 1 be 
called or received into the service, unless there shall be under his 
command a sufficient number of privates to justify or require an 
officer of that rank, and if so received, shall not be entitled to pay 
excenr according to the number of men he may command, and, if 
at anytime the number of men under his command shall he reduced 
by disbanding part thereof, his rank and pay shall be reduced ac- 
cordingly. 



APPROPRIATIONS. \ J 

Sec. 4. That the sum of six hundred dollars be, and the same is Appropriation to 
hereby appropriated to remunerate and compensate the company f captam Archer ' s 
volunteers raised and officered at Marshall, in Clark county, on the 
fifth day of June, commanded by captain Wm. B. Archer, and re- 
ported to the Governor, and received by him on the ninth day of 
June, as company number twenty-seven, raised for the Mexican 
war, and rejected by the Governor, at Alton, on the twenty-seventh 
day of June, A. D. 184b'. 

Sec 5. Justice Harlan, Uri Manly, and Timothy R. Young, of commissioners. 
Clark county, are hereby appointed a board of commissioners, who, 
or a majority of them, are authorized to settle with the subaltern 
officers, first and second lieutenants, non-commissioned officers, 
musicians and privates of said company, and shall pay them 
such sum as they may justly be entitled to, taking the claims of 
those who furnished clothing and provisions, and to those who fur- 
nished wagons, and went over with the company to Alton; make aTo make divis. 
fair, equitable and just division of the money above appropriated to lon * 
all parties interested, and shall take receipts for the same, and shall 
render an account how and to whom the payments have been made, 
to the auditor of public accounts; which sum above stated shall be 
in full of all pay, expenses and charges incurred by said company, 
and those who aided as above. Auditor to issue 

Sec 6. It shall be the duty of the auditor of public accounts, warrants *' 
on application of said board of commissioners, (a majority of whom 
may act,) to issue to them a warrant or warrants on the Treasury 
of the State, for the amount stated above, six hundred dollars. 

Approved, February 26, 1847. 



AN ACT supplemental to an act making appropriations for the pay of the officers and In force, 
privates under the command of gen. J. J. Hardin and major \V. B. Warren, during the Feb'ry 27, 1847. 
years eighteen hundred and forty-five and forty-six. 

Section 1. Be it enacted by the People of the State of 1 llnois, 
represented in the General Assembly, That Richard H. Mitchell be, R- h. Mitchell, 
and he is hereby, appointed paymaster, to receive and pay out to paymasteN 
the persons entitled to receive them, warrants drawn on the treasu- 
ry in favor of the officers and privates of captain J. D. Morgan's 
company, as provided for in " an act making appropriations for the 
pay of the officers and privates under the command ot general J. 
J. Hardin and major W. B. Warren, during the years one thousand 
eight hundred and forty-five and forty-six." 

Sec 2. Before said Mitchell shall draw said warrants, he shall 
file in the office of the auditor of public accounts, a bond to the To &™ bond > 
people of the State of Illinois, with good and sufficient security, in 
at least double the amount of the warrants by him received, to be 
approved by the Governor, conditioned for the faithful discharge of 
his duty in the premises, and also conditioned that he will return 
to the auditor proper vouchers for the amount of warrants he pays 
to the persons entitled to receive them, under the provisions of an 
act to which this is a supplement; and also conditioned that he will 
return to the said auditor such warrants as may remain in his 
hands after the expiration of one year from the passage of this act. 

Approved, February 27, 1847. 
2 



Jg ARMS— STATE'S ATTORNEYS. 



In force, M'ch 1 , AN ACT to preserve the State armS * 

1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, The quarter-master general is 
hereby required to cause all of the small State arms and accoutre- 
ments, at Alton, and other places where they may be found, to be 
removed to Springfield, and to employ some person to clean and put 
in order said arms for their preservation, and cause them to be put 
in suitable boxes and deposited in a dry room, in the State house ; 
and to remove the State cannon and appendages, to such place or 
places, for safe keeping, as the commander-in-chief may direct, 
causing them also to be cleaned and kept housed and dry, and in 
charge of some responsible person or persons. 

Sec. 2. The Governor and auditor shall examine the account 
and charges of the quarter-master general, for the labor and ex- 
penses incurred in the performance of the duty imposed on him by 
the foregoing section, and shall allow a reasonable and fair compen- 
sation for the same ; upon which the auditor shall [issue] his war- 
rants upon the treasurer, who shall pay the same out of any mo- 
neys not otherwise appropriated. 

Sec 3. It shall be the duty of the quarter-master general to 
report to the commander-in-chief the number and condition of the 
different kinds of arms so found, in whose charge they are placed, 
and the expenses incurred, who shall lay the same before the next 
General Assembly, at the commencement of its session. 

Approved, March 1, 1847. 



In force, Febru- AN ACT in relation to the attorney general and State's attorneys, 

ary 25, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That hereafter there shall be 
allowed to the attorney general and State's attorneys, and the 
attorneys of the Cook and Jo Daviess county courts, for their 
services in the circuit court, fees as follows, in the following cases, 
to-wit : Five per cent, upon all moneys actually collected and paid 
over to the State, or any county thereof, by them : Provided, that 
this act shall not extend to the collection of the revenue of this 
State, or any county. 

Approved, February 28, 1847. 



In force, Febru- AN ACT requiring the punctual discharge of duties by the attorney general and the 
ary 25, 1847. several State's attorneys. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That whenever the circuit 



AUDITOR. 



19 



court of any county in the State shall have to appoint an attorney 
to attend to the duties of attorney general, or any State's attor- 
ney, during any term or part of the term of a court, because of the 
absence of the attorney general or State's attorney, as the case 
may be, and the person so appointed shall attend to and perform the 
duties required, the court may make an order allowing the person 
so appointed not less than ten nor more than twenty-five dollars for s i )eciaI attor - 
each term or part of a term of such court ; a copy of which order ti J a ^ com i )enSd ~ 
shall be certified to the auditor of public accounts, who shall 
issue a warrant upon the treasurer for the payment thereof, and 
the amount of such warrant shall be deducted from the salary of 
the attorney whose duties have been performed as aforesaid. regular salary. ' 

Approved, February 25, 1847. 



AN ACT to enable the auditor of public aceounts to perform his duty. j n f orce M'ch I 

1847. 

Section 1, Beit enacted by the People of the State of Illinois, 
represented in the General Assembly, That the auditor of public ,f i " h lt0 y a ^. s fur " 
accounts shall furnish the clerks of the county commissioners' court books, form's, 
of the several counties with blank forms of all books, lists and &c, > toclerks of 
certificates connected with the assessment and collection of the rev- 
enue, together with proper instructions, which shall be in accordance 
*\vith the provisions of the revenue laws ; and the said clerks are 
hereby required to make out all transcripts, or other papers, for the 
use of the auditor's office, or the assessor, in conformity with said 
instructions. 

Sec. 2. And it shall be the duty of the said auditor to complete all Auditor to com- 
work that is in arrears in his office, making complete record of the for- P let e work in 
feited lands and lots sold, and entering the lands sold for taxes since his office ' 
the year one thousand eight hundred and thirty-eight in the record 
books; and when it shall appear that the land records of any county 
are imperfect, or that the lists of taxable lands have not been fur- 
nished, he shall make out and forward to the clerks of the county To forward a 
commissioners' court, in a well bound book, a correct transcript ofcoratycoj*. 
all the taxable lands in such county ; for which service he shall be missioners' elk. 
allowed three cents for each tract so entered or transcribed, to be 
paid by the State upon the certificate of the Governor. 

Sec 3. The auditor shall cause to be collected, without unne- ah unpaid rev- 

cessary delay, all the revenue remaining due and unpaid; and when enue t0 be "^ 

real estate shall be levied upon to satisfy any judgment in favor of 

the State, it shall be the duty of the officer making such levy to 

transmit to the auditor by mail, at least twenty days before the day 

of sale, a correct statement, showing the description and value of 

the said property; and the auditor is hereby authorized and required ^ nd ? sold » au " 
* i • *i j !• xi_ J * Li. • a*.' * . • i ditor to purchase 

to purchase in the name and ior the use of the State, at its cash same for state. 

value, so much of said property as may be necessary to pay the 

amount of the judgment and costs aforesaid. 

Sec 4. The auditor shall be allowed two per cent, on the compensation of 

amount collected for collecting any revenue due the State for the auditor. 

year one thousand eight hundred and forty-five and prior years, 



20 BANKS. 

which shall be collected irom the persons who have failed to pay 
over said revenue as required by law. 

Sec. 5. '1 he auditor of public accounts is hereby authorized 
to estimate the amount of weeks in making tract books for the State, 
by John B. Weber, and to pay him two dollars per day for the work 
which he has not been paid for by the tract or otherwise ; and here- 
after the said John B. Weber may enter the errors which he has 
discovered in the said tract books, and the auditor shall have control 
of said books, and remove them to his office, so as to enable him to 
enter the disposition of lands as contemplated ; but for such work 
Auditor to pay as J°h n B. Weber may do, in entering the errors, the auditor 
John B.Weber shall estimate and pay two dollars per day for all-time actually em- 
amount due him. ployed, to be kept by the auditor. 
Approved, March 1, 1847. 



In force March -^N A ^T f° r fi na 'ty closing the aflairs of the State bank of Illinois. 

1, 1847. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the president, directors and 
company of the State bank of Illinois be, and they are hereby, al- 
Time extended. ^ uwec ^ tne use °^ tne charter of said bank until the first day of No- 
vember, in the year one thousand eight hundred and forty-eight, in 
addition to the time allowed in the third section of an act of the 
General Assembly, entitled " An act to diminish the State debt and 
to put the State bank into liquidation," approved January 24, 1843, 
for the purpose of winding up the affairs of the said bank ; the use 
of the charter hereby granted being subject to all the conditions, 
restrictions and limitations contained in the said third section, and 
all other portions of the said act, and all acts supplemental thereto. 
Sec 2. If the affairs of the said bank shall not be closed before 
Trustees to be the said first day of November, 1848, the Governor shall appoint 
appointed. three trustees, whose duty it shall be to take charge of all the assets 
of the said bank, and wind up its affairs, they being governed in do- 
ing so by the provisions of an act entitled " an act supplemental to 
an act to reduce the public debt one million of dollars and to put the 
bank of Illinois into liquidation," approved the 28th February, 
1845, so far as said provisions are applicable. 
Bank to file ac- Sec 3. The State bank of Illinois shall, within three days from 
ceptancein sec-the passage of this act, signify the acceptance of the provinons 
office ° aeS thereof, by a writing signed by the president and cashier under 
the seal of the bank, and to be filed in the office of the secretaiy of 
State, 
interest on pa- Sec. 4. That all certificates issued by said bank, in pursuance 
per of bank. f t h e provisions of the above recited act, and all the notes issued 
by said bank, and in the hands of the school commissioners of (he 
several counties in this State, or in the hands of any treasun r of 
any school district, at the passage of this act. shall, from and ;;fter 
the 4th day of March next, draw interest at the rate of six per cent, 
per annum until they shall be taken up. And the said bank is here- 
by required to pay said interest as aforesaid. 



CANALS AND CANAL LANDS. 21 



Sec 5. Said school commissioners and treasurers, who shall Dutv . of sch001 

i c i • i u i r ,1, commissioners 

hold said certificates at the passage of (his act, shall, on or beiore,the aml tieasU reis. 
first day of September next, report to tha cashier of the bank at 
Springfield, the date and amount of such certificates, which report 
shall be verified by the oath of such commissioner or treasurer. 

Sec 6. The debtors to said bank shall njt be bound to pay any Debtors to bank 
interest on the debts now due said bank, from and after the fourth™ 1 / W**»- 
dav of March instant. 

Sec 7. The real estate of said bank shall be liable to taxation, Real estate of 
and sale on execution, in the same manner as the property of in- bank to be taxed, 
dividuals. 

Approved, March 1, 1847. 



AN ACT to amend chapter sixteen of the revised statutes of this State. In force, Febru- 

ary 24, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General JJs'sembly, That hereal'ter, when any 
justice of the peace shall be required to issue a warrant, as is now J™ t (1 ? re ^ d# 
required by chapter sixteen of the revised laws of this State, the 
same shall be directed to, and executed by, all sheriffs, coroners, 
and constables in the State of Illinois, returnable before the magis- To whom re . 
trate by whom said process was issued, or, in case of his absence, tumabie. 
before any magistrate of the county from which said process issued. 
This act to be in force from and al'ter its passage. 

Approved, February 24, 1847. 



AN ACT to amend an act, approved February 28, 1S39, entitled, « An Act to provide for In force, Febru- 
the dedication of town lots, in towns situated on canal lands, to public purposes." ary 18 > 1847. 

Section 1. Be it enacted by the. People of the State of Illinois, 
represented in the General Assembly, That the board of trustees of 
the Illinois and Michigan canal is hereby authorized to donate a Donation of lot. 
lot in the town of Ottowa, in LaSalle county, to the trustees of the 
Methodist Episcopal church, in said town, for the purpose of 
erecting thereon a house of worship. 

Sec 2. The said board of trustees of the Illinois and Michigan 
canal is hereby invested with all the powers conferred on the 
board of commissioners of the Illinois and Michigan canal by said 
act, and all donations which may be made under this act to be on 
the same terms and conditions as required by the act to which this t Terms of dona ' 
is an amendment. 

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

Approved, February 18, 1847. 



22 CANALS AND CANAL LANDS. 



In force, Febru- AN ACT to allow American subscribers to the canal loan of $1,600,000 the same priv- 
firy 27, 1847. ilege or right conferred upon foreign subscribers. 

Be it enacted by the People of the State of Illinois, represented in 
th°. General Assembly, That the American subscribers to the canal 
loan of one million six hundred thousand dollars, authorized by an 
act entitled " An act to provide for the completion of the Illinois and 
Michigan canal, and for the payment of the canal debt, " approved, 
February twenty-lirst, eighteen hundred and forty-three, and an act 
entitled " An act supplemental to an act to provide for the comple- 
tion of the Illinois and Michigan canal, and for the payment of the 
the canal debt, " approved, February twenty-first, eighteen hundred 
forty-three, approved, March first, eighteen hundred and forty-five, 
who have heretofore registered canal bonds, and evidences of 
canal indebtedness, at the rate of one thousand dollars in bonds 
and indebtedness, for every sum of four hundred dollars sub- 
Time for regis- scribed by them to said loan, shall have further time until the first 
bonds. Cmal ^ a y °f ^ a y> * n l ^ le y ear °f our Lord one thousand eight hun- 
dred and forty-eight, to complete the registration of the canal bonds, 
and other evidences of canal indebtedness, held by them, so that each 
American sub- of the said American subscribers, who have registered as aforesaid, 
scnbers' rights. g^aU De entitled to register under the provisions of the above recited 
acts, one thousand dollars in bonds and other evidences of canal in- 
debtedness, in the whole, for every s'um of three hundred and 
twenty dollars subscribed by them to said loan, so as to put the said 
American subscribers upon an equal footing with the European sub- 
scribers who have been allowed to register canal bonds, and other 
evidences of canal indebtedness, at that rate, and in that proportion. 
Approved. February 27, 1847. 



In force, Febru- A N ACT to authorize the bringing of suits against the State trustee of the Illinois and 
ary 28, 1817., Michigan canal. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That in all cases where indi- 
viduals or corporations had a ricdit, under the former laws of this 
State, or any of them, relating to the Illinois and Michigan canal, 
to prosecute suits against the board ofcommissioners of said canal, 
whilst said board was in existence, such individuals or corpora- 
tions shall hereafter have the right to prosecute suits in all compe- 
Name and style tent courts of this State against the "State trustee of the Illinois 
of suits against and Michigan canal," by that name and style ; the appointment of 
said trustee being authorized by an act entitled, "An act to provide 
for the completion of the Illinois and Michigan canal, and for the 
payment of the canal debt," approved February twenty-first, one 
thousand eight hundred and forty-three; such suits so to be brought 
against said trustee shall be prosecuted and defended in the same 
manner as suits heretofore authorized against said board of commis- 
sioners were prosecuted and defended; and judgment obtained 



CANALS AND CANAL LANDS. 23 

against said trustee shall be of the same nature and have the same 
effect as judgments heretofore recovered against said board of com- 
missioners. 

Sec. 2. The said State trustee, by the name and^style afore- state trU stee. 
said, may also prosecute and • defend suits in all cases, when said 
board of commissioners might or could have prosecuted and de- 
fended suits, so far as is not inconsistent with the act approved 
February twenty-first, one thousand eight hundred and forty-three, 
hereinbefore referred to. 

Approved, February 28, 1847. 



AN ACT to amend an act entitled " An act for the completion of the Illinois and In force, Febru- 
Michigan canal, and for the payment ot the canal debt," approved, February twenty- ary 25, 1847. 
first, 1843. 

Section 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That so much of the act, to Former act mo- 
which this is an amendment, as prohibits the board ot trustees of the dined ' 
Illinois and Michigan canal, from selling any of the lots, lands, or water 
power, granted to them by said act until three months after the com- 
pletion of said canal, is so modified as to permit said board of trus- 
tees, and they are hereby authorized to proceed to sell any of said 
lots, lands, or water power, except as is hereinafter provided, before 
the entire completion of said canal, should they think it advisable, 
or for the interest of the State, to do so. 

Sec 2. The said trustees, together with the appraisers of canal 
lots, land, and water power, to be appointed in the several circuits 
where such lands, lots, or water power, are situated, as provided for 
in said act, or a majority of them, are hereby constituted a board, Board to deter- 
to determine the number of lots, and the quantity of land which the mine number of 
claimants of said lots and lands are entitled to purchase at the ap- ' 
praised value thereof, under the provisions of said act; but the Saving clause> 
action of said board shall in no way impair or prejudice the legal 
rights of said claimants, as now provided by law. 

Sec 3. Any sales which may be made, shall be in the same man- sales, when 
ner and upon the same terms as prescribed in the act to which this m ade. 
is an amendment, but may be held at such times, (not oftener than 
once in three months,) and at such places, as said trustees may 
direct: Provided, that said trustees shall not sell more than one- Amount of sale, 
tenth of the canal property in any one city, town, or township, until 
after the completion of said canal, and that no sale shall be made be- 
fore the first of October next. 

Sec 4. After the completion of said canal, the said board of 
trustees may withhold such portions of timbered land, or lands, timber, &c.,froiu. 
containing stone quarries and coal beds, from sale, as will in their sale, 
opinion best promote the interest of the State, the State creditors, 
and the canal fund : Provided, that when any bona fide settler residing Exception, 
on, or contiguous to, canal lands, shall desire to purchase any of the 
lands for the use of his farm, reserved as aforesaid, and shall make 
application to said board of trustees, they shall offer the land ap- 
plied for, for the purposes aforesaid, at the next sale. 



24 CANALS AND CANAL LANDS. 

Lots, &c, may Sec. 5. Any lots or lands which may hereafter be sold upon a 
be taxed. credit by said board of trustees, shall be taxed to the extent of the 

interest of the purchaser, and the value of improvements on said 
lots and lands, in the same manner as prescribed in an act entitled 
" An act to amend the several laws allowing Illinois and Michigan 
canal lands to be taxed and sold for taxes," approved, January 
Trustees to sig-twenty-ninth, one thousand eight hundred and forty-five : Provided, 
mfy acceptance, ^ board of trustees shall first s \ gn tf y their acceptance of the pro- 
visions of this act by notifying the Governor of the same in writing. 
Approved, February 25, 1847. 



In force, Febru- AN ACT to pay the balance due canal contractors. 

ary 16, 1847. 

Section 1, Be it enacted by the People of the Stale of Illinois, 

Governor to is- represented in the General Assembly, That the Governor of this State 

sue canal in- j 3 hereby directed and required to issue canal indebtedness, bearing 

wards. "interest from the date of the several awards, to the several contractors 

whose damages remain unpaid, the several amounts due them under 

the award of the board of appraisers, appointed pursuant to an act 

entitled, "An act to provide for the completion of the Illinois and. 

Michigan canal, and lor the payment of the canal debt," approved 

February twenty-first, one. thousand eight hundred and forty-three; 

which said amount now to be issued shall not exceed the sum of 

seventy thousand seven hundred and thirty dollars and ninety-one 

cents. 

Sec. 2. This act to take effect from and after its passage. 
Approved, February 16, 1847. 



In force, March AN ACT to amend an act, entitled "An act to amend an act, entitled an act to protect the 
1, 1847. canal lands against trespasses," approved, March 4, 1837, and an act to amend an act 

entitled "An act to protect the canal lands against trespasses, approved February 26, 

1839," approved, February 27, 1845. 

Section 1 . [2?e it enacted by the People of the State of Illinois, re- 
Former act mpresented in the General Assembly,'] That the act to which this is 
force. an amendment has been from the time of its enactment, and is now 

in force, and shall continue in force, subject to the amendment here- 
inafter made, until expressly repealed by law. 

Sec. 2. Wherever the terms " acting canal commissioner," 
"canal commissioner," and "commissioner," occur in the act to 
which this is an amendment, there shall be substituted in the place, 
and instead of said terms, and there is hereby so substituted, the term 
"State trustee." " State trustee," which last term shall be construed to mean and 
refer to the trustee heretofore appointed, or hereafter to be ap- 
pointed, on the part of this State, under the existing law3 of this State, 
as one of the board of trustees of the Illinois and Michigan canal. 
Powers. Sec. 3. The said State trustee, named in the second section of 

thi3 act, shall have all the power given by the law to which this is an 



CANALS AND CANAL LANDS'. 25 

amendment, to the acting commissioner of said canal; and the said 
State trustee shall have full power to carry into execution, all the 
provisions of the act to which this is an amendment, in the manner 
therein directed, any thing in any other law to the contrary notwith- 
standing. But the said State trustee shall not have power under this 2^5"^? 
act, nor the act to which this is an amendment, to diminish in any lands. 
manner the value of any part of the canal lands, by authorizing the 
taking therefrom of any standing timber, rock, stone, or coal, except 
as the board of trustees of said canal may now have power by law 
to employ all necessary materials in and about the construction of 
said work. 

Sec. 4. .All. suits, except prosecutions by indictment, com- Suits# 
menced under this act, and the act to which this is an amendment, 
shall be brought in the name of the " board of trustees of the Illi- 
nois and Michigan canal," subject to all the provisions in every 
other respect contained in the act to which this is an amendment. 

Approved, March 1, 1847. 



AN ACT to amend an act entitled, « An act to provide for the dedication of lots in In force, Febru- 
towns situated on canal land to public purposes." ary 26, 1847. 

Section 1. Be it enacted by the People of the State of Hlindsi 
represented in the General Assembly, That any religious society or 
congregation, to whom any lot shall have been donated or granted, 
under and by virtue of the act to which this is an amendment, are 
hereby authorized and empowered to sell any portion or the whole 
of said lot so donated or granted : Provided, the proceeds of the 
sale of any such lot, or part of a lot, shall be applied to the pur- 
chase of another lot or lots, to be used for the same purpose as that 
for which such lot was donated, or to the payment of debts already Debts, 
incurred for the purchase of a lot or lots for such purpose, or shall 
be applied to the erection of a house of worship on any lot or lots 
belonging to such society or congregation in the same town, or to 
the payment of any debts already incurred by such society in the 
erection of a house of worship in said town. 

Sec 2. The trustees of any society or congregation, who shall 
sell any lot, or part of a lot, under and by virtue of the provisions 
oi the foregoing section, are hereby authorized to convey the lot, or Deeds * 
part of a lot, sold, to the purchaser or purchasers, by good and 
sufficient deeds of conveyance, and the said purchaser or purcha- 
sers shall be thereby vested with a good and indefeasible title to 
the lot, or part of a lot, so purchased by them : Provided, however, special provis- 
that any sale or sales that may hereafter be made of the whole or ioru 
any part of lot nine (9,) in block one (],) in fractional section 
fifteen (15,) in the city of Chicago, by the trustees of the society 
or congregation to whom the same may have been donated, granted, 
or set apart, their successors or assigns, shall be upon the express 
condition that the purchaser or purchasers of said lot, or any por- 
tion thereof, his, her, or their assigns, shall not subdivide the same, 
except by east and west lines, so as in no event to make or 
suffer a south front or north rear. 



26 CIRCUITS. 

Governor to is- Sec. 3. The Governor is hereby authorized and directed to 
sue patent. issue, upon application to the society or congregation to whom any 
lot has been granted, donated, or set apart, a patent for the same, 
upon receiving satisfactory proof that the same has been granted, 
donated, or set apart for the use of said society, under and by virtue 
of the law to which this is an amendment ; the patent, when is- 
sued, shall contain a brief statement of the purposes for which the 
said lot is donated. This act to take effect from and after its 
passage. 

Approved, February 26, 1847. 



In force, Febru- AN ACT regulating the terms of the courts in the first judicial circuit. 

ary27, 1S47, 

Section 1 . Be it enacted by the People of the State of Illinois, repre^ 
sented in the General Assembly, That the circuit court of the sev- 
eral counties composing the first judicial circuit, shall be held at 
the several county seats, or places for holding said courts, at the 
times following, viz : 

the spring terms. 

Times of hold- In the county of Morgan, on the third Mondays in March ; in the 
mg courts. county of Scott, on the second Mondays thereafter ; in the county of 
Greene, on the second Mondays in April ; in the county of Cass, on 
the third Mondays in April ; in the county of Mason, on the fourth 
Mondays in April; in the county of Menard, on the first Mondays 
thereafter; in the county of Macoupin, on the second Mondays in 
May ; in the county of Jersey, on the third Mondays in May ; in 
the county of Calhoun, at the time to be appointed by the presiding 
judge of said court. 

THE FALL TERMS. 

In the county of Morgan, on the third Mondays in August ; in the 
county of Macoupin, on the first Mondays in September ; in the 
county of Jersey, on the second Mondays in September ; in the 
county of Greene, on the third Mondays in September ; in the coun- 
ty of Calhoun, on the Wednesdays after the fourth Mondays in Sep- 
tember ; in the county of Scott, on the first Mondays in October ; in 
• the county of Cass, on the second Mondays in October ; in the 

county of Mason on the third Mondays in October ; in the county 
of Menard on the fourth Mondays in October. 
Proceed^s com- Sec 2. All indictments, suits, causes, motions, recognizances, 
comme^ced^no^ 1101 other Proceedings, pending in said courts, shall stand for trial, 
affected, hearing, judgment and disposition, at the terms of the courts as re- 

gulated by this act, in the same manner, and with the like effect, as 
if no changes had been made in the time of holding said courts. 

Sec. 3. All recognizances, writs and process, heretofore, or 
hereafter entered into, or issued, returnable to the terms of the 
courts as heretofore arranged, shall be deemed and held to be re- 
turnable to the terms fixed by this act. 



CIRCUITS. 27 

Sec. 4. New trials may be granted at the spring or fall terms of New trials. 
said courts, in all cases wherein the parties would be enti- 
tled to such new trials at the spring or fall terms as now arranged 
by law. 

Approved, February 27, 1847. 



AN ACT providing changes in the seventh and ninth judicial circuits, and for fixing the In force, Febru- 
time for holding courts in the sixth and seventh judicial circuits. ary 27, 1847. 

Section 1. Be it enacted by the People of the Slate of Illinois, 
represented in the G-neral Assembly, That the county of Winnebago Winnebago co. 
be, and is hereby, attached to the seventh iudicial circuit, and lhe a " ach f d t0 7th 

r^ li l i i • i • i- • i • • circuit, and 

county of Grundy be attached to the ninth judicial circuit. Grundy to 9th. 

Sec. 2. The courts in the seventh judicial circuit shall be held 
in the counties thereof, at the following times, to-wit : In the county Time of holding 
of Lake, on the fourth Monday in March, and the first Monday in enUi circuit?^" 
September; in the county of McHenry, first Monday in April, and 
second Monday in September ; in the county of Du Page, the third 
Monday in April, and fourth Monday in September; in the county 
of Iroquois, the fourth Monday in April, and first Monday in Octo- 
ber ; in the county of Will, the first Monday in May, and second 
Monday in October ; in the county of Roone, the Tuesday next 
succeeding the third Monday in May, and the Tuesday next suc- 
ceeding the fourth Monday in October ; in the county of Winneba- 
go, the fourth Monday in May, and the first Monday in November ; 
in the county of Cook, on the second Monday in June, and the third 
Monday in November. 

Sec 3. That the courts in said sixth judicial circuit shall be Times ofholding 
held at the following named places, to-wit : At Dixon, Lee ounty,^?"^ m srx 
second Monday in April, and third Monday in August ; at Sterling, 
Whiteside county, on the third Monday in April, and fourth 
Monday in August; Cambridge, Henry county, on the fourth Mon- 
day in April, and the first Monday in September; at Millersburg, 
Mercer county, on the first Monday in May, and the second Monday 
in September ; at Rock Island, Rock Island county, on the second 
Monday in May, and the third Monday in September ; at Mt. Car- 
roll, Carroll county, on the third Monday in May, and the fourth 
Monday in September ; at Galena, in Jo Daviess county, on the first 
Monday in October, and fourth Monday in May. 

Sec. 4. All process, suits and recognizances which have been, Not to aflect 
of may be, issued or entered into and made returnable to the courts proceedings 
as at present arranged, shall be taken and considered to be return- to^^commen- 
able to the times fixed by this act, and shall be valid to all intents ced. 
and purposes. 

Sec 5. Those cases now pending in the Ogle county circuit Disposition of 
court, the venues of which have been changed frcm the county of£ asei L. cha "& ed 
Winnebago, except in cases where it appears from the record that m mne ag °° 
said changes have been made in consequence of the prejudice of the 
inhabitants of the county of Winnebago, shall be remanded to the 
circuit court of Winnebago county. 



28 CIRCUITS. 

Grundy term. Sec 6. The circuit court in the county of Grundy shall be 
holden at such time as the judge of the ninth judicial circuit shall 
appoint. 

Sec. 7. All laws and parts of laws conflicting with this act are 
hereby repealed. This act to be in force from and after its passage. 

Approved, February 27, 1847. 



In forca, Febru- AN ACT fixing the times of holding courts in the seventh judicial circuit, 

ary 22, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assetnlly, That hereafter the circuit 
courts, in the several counties composing the seventh judicial cir- 
cuit of the State of Illinois, shall be holden at the several times 
Terms. hereinafter mentioned, to-wit : In the county of Lake, on the 

fourth Monday in March and the first Monday in September, in each 
and every year ; in the county of McHenry, on the first Monday 
in April and the second Monday in September, in each and every 
year ; in the county of Boone, on the third Monday of April and 
the fourth Monday of September, in each and every year; in the 
county of DuPage, on the fourth Monday of April and on the first 
Monday of October, in each and every year ; in the county of 
Grundy, on the first Monday of May and the second Monday of 
October, in each and every year ; in the county of Will, on the 
second Monday of May and the third Monday of October, in each 
and every year ; in the county of Iroquois, on the fourth Monday 
of May and the iirst Monday of November, in each and every year; 
in the county of Cook, on the first Monday of June and on the 
second Monday of November, in each and every year. 
Terms of Cook Sec 2. Thai so much of the act creating the Cook county 
county court ar- court as requires terms of the said court to be held on the first 
Mondays in August and November, be, and the same is hereby, re- 
pealed, and the term of said court* shall be holden commencing on 
the first Monday of October, in each and every year ; and so much 
Of Jo Daviess of the act creating the Jo Daviess county court, as requires 
county court. a term of the said court to be held by the judge of the Cook county 
court on the first Monday in October, be, and the same is hereby, 
repealed, and instead thereof, a term of said court shall be held by 
said judge, commencing on the second Monday of November, in 
each and every year ; that so much of the act fixing the time of 
holding courts in the sixth judicial circuit, as requires a court to be 
held in Jo Daviess county on the fourth Monday in October, is 
hereby repealed, and said term shall be hereafter holden on the 
third Monday in October, in each year. 

Sec 3. That it shall be lawful for the associate justice of the 
supreme court, presiding in the aforesaid circuit, and the judge of 
Exchange of cir- Cook county court, by agreement or exchange, to hold any of the 
courts authorized by law to be holden in said circuit, or in said 
Cook c mnty court, and whenever special jurisdiction is conferred 
upon the circuit court, the same shall be taken to extend to, and 
include the, Cook county court. 



CIRCUITS. 29 

Sec. 4. That all writs, process, and recognizances which have proceedings 
been or may be issued, or entered into, and made returnable to, the saved, 
several circuit courts in said said circuit, as heretofore arranged or 
fixed, or as at present fixed, or to any special term thereof, and 
suits and continuances therein which are now pending or undis- 
posed 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 though made returnable thereto. 

Sec 5. This act to take effect from and after its passage ; and 
the State printer is directed to publish the same immediately there- 
after, and the secretary of State to transmit a copy thereof imme- 
diately to the clerk of each circuit court in the seventh judicial 
circuit. 

Approved, February 22, 1847. 



aN ACT changing the time of holding the circuit courts in the second judicial circuit. j n force Febru- 
ary 13, 147. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General vlssemblxj, That the circuit courts in the sec- Terms0 f COU rt. 
ond judicial circuit shall be held at the times hereinafter mentioned. 
In the county of Madison, on the third Mondays of March and Au- 
gust ; in the county of St. Clair, on the second Mondays after the 
third Mondays of March and August ; in the county of Monroe, on 
the fourth Mondays after the third Mondays of March and August; 
in the county of Randolph, on the Mondays following ; in the coun- 
ty of Perry, on the Mondays following; in the county of Washing- 
ton, on the Mondays following ; in the county of Clinton, on the 
Mondays following ; in the county of Bond, on the Mondays follow- 
ing ; in the county of r ayette, on the Fridays following ; in the coun- 
ty of Effingham, on the Thursdays following ; in the guilty of Mont- 
gomery, on the Mondays following. 

Sec. 2. All writs, subpoenas and other process which may have 
been, or may be issued, made returnable to the terms of courts in said 
circuit as heretofore required to be holden, shall be deemed and taken proceedings not 
to be returnable to said terms of courts as required to be holden under affected, 
this act; and all notices which may have been given, either by publi- 
cation or otherwise, with reference to the terms as heretofore 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 all proceedings pending in 
any of said courts, shall be taken up and disposed of according to 
law, as if no alteration had been made in the times of holding said 
courts. 

Sec 3. This act shall, upon its passage, be published in the paper 
of the public printer, and the secretary of State shall immediately 
thereafter transmit a copy thereof to each of the clerks of said courts. 

Sec 4. All acts and parts of acts, conflicting with the provisions 
of this act, are hereby repealed. This act to take effect from and 
after its passage. 

Approved, February 13, 1847. 



30 CIRCUITS. 



In force, Febru- AN ACT more explicitly denning the times of holding courts in the fourth judicial circuit, 
ary 16, 18 47. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the circuit courts of t the 
fourth judicial circuit shall commence in the several counties at the 
times hereinafter specified, and continue from day to day (Sundays 
excepted) until all the business is disposed of, unless it shall be 
necessary to adjourn the court to enable the judge to attend in the 
next county to hold court. 
Times of hold- Sec. 2. In the county of Wayne, on the Thursday before the 
mg courts. £ rs t Mondays of April and September ; in the county White, on the 
first Mondays of April and September ; in the county of Edwards, 
on the second Mondays in 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 
Wednesdays thereafter; in the county of Clark, on the Mondays 
thereafter ; in the county of Coles en the Mondays thereafter ; in 
the county of Cumberland, on the Mondays thereafter ; in the coun- 
ty of Jasper, on the Thursdays thereafter; in the county of Clay, 
on the Mondays thereafter, and in the county of Richland, on the 
Thursdays thereafter. 
Proceedings not Sec 3. All indictments, recognizances and suits, either at com- 
to be affected. mon j aw or j n c ] lancerVj s h?ll stand for hearing at the times herein 
specified for holding court, the same as though no change had taken 
place, and all writs and other process, civil or criminal, shall be, and 
they are hereby, made returnable, the same as if there had been no 
change in the times of holding said courts ; and all returns heretofore 
made, or that may hereafter be made, either according to this act or 
the acts hereby repealed, shall be taken to be returnable to the terms 
of court as hereby fixed, and shall be legal and valid in all respects, 
as if no change had taken place. 
RepeaPg clause. Sec 4. Mi acts, and parts of acts, coming in the purview and 
in conflict with this act, be, and the same are hereby, repealed, and 
this act shall be in force from and after its passage. 
Approved, February 16, 1847. 



In force, Febru- AN ACT supplemental to an act entitled "An act extending the limits of the fifth judi- 
ary 13, 1847. cial circuit, and fixing the times for holding courts therein," approved, February 6th, 

1847. 

Section 1. Be if enacted by the People of the State of Illinois, rep- 
resented inihe General Assembly, That the act to which this is a sup- 
Previous act plement, be, and the same is hereby, so amended, that the time for 
holding the fall terms of the circuit courts in the county of Hancock, 
shall commence on the first instead of the " second" Friday after 
the commencement of the said courts in the county of Brown ; and 
that the word u firsV shall be substituted and stand for the said word 
"second," in the position or place before referred to in the act to 
which this is a supplement. 

Approved, February 13, 1847. 



amended. 



CIRCUITS. 



31 



AN ACT to attach the county of Shelby to the eighth judicial circuit, and for other In force, Febru- 

purposes. ary 11, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, [That] the county of Menard Menard county 
shall hereafter be attached to, and form a part of, the first judicial arched to first 
circuit, and courts shall be held therein as provided for by law. CirCm ' 

Sec 2. The county of Livingston shall hereafter be attached Livingston at- 
to, and form a part of, the ninth judicial circuit, and courts shall beached to ninth 
held therein at such times as the judge of said circuit shall appoint. circuit - 

Sec. 3. The county of Shelby shall hereafter be attached to, and shelb attached 
form a part of, the eighth judicial circuit, and the times of holding to 8th circuit. 
courts in said circuit shall be as follows : In the county of Sanga- Times of hold . 
mon, on the third Mondays of March and November, and the fourth ing courts in 
Mondays of July; in the county of Tazewell, on the first Wednes- 8th circuit ' 
days of April and September ; in the county of Woodford, on the 
second Thursdays thereafter ; in the county of McLean, on the 
Mondays thereafter ; in the county of Logan, on the Mondays 
thereafter ; in the county of DeWitt, on the Thursdays thereafter ; 
in the oounty of Piatt, on the Mondays thereafter ; in the county of 
Champaign, on the Wednesdays thereafter ; in the county of Ver- 
milion, on the Mondays thereafter ; in the county of Edgar, on the 
Mondays thereafter ; in the county of Shelby, on the Mondays 
thereafter ; in the county of Moultrie, on the Mondays thereafter ; 
in the county of Macon, on the Thursdays thereafter; in the county 
of Christian, on the Mondays thereafter; and all writs, recogni- No t to affect pro- 
zances, and other process, which have been or may be issued, or ceedin e s com- 
entered into, and made returnable to any of the said courts, as a t menced > 01 ' , tobe 
present arranged, shall be deemed and considered as returnable to 
the terms fixed by this section; and all cases and proceedings, 
whether civil, criminal, or in chancery, pending in any of the said 
courts, shall be taken up and disposed of according to law, as if no 
alteration had been made in the times of holding said courts : And 
Provided, that no grand jury shall be summoned to attend the No S rand J UI 7 
summer term of the Sangamon circuit court. for summer term 

a T?>i. it to ah in Sangamon co. 

Approved, February 11, 1847. 



AN ACT to attach the county of Boone to the seventh judicial circuit. In force, Febru- 

ary 13, 1847. 

Section 1 . Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That the county of Boone be, and Boone county 
the same is hereby, attached to, and for all judicial purposes, shall attached to 7th 
form part of, the seventh judicial circuit of this State. The judge of circuit - 
said seventh judicial circuit, is hereby required to hold courts in 
the said county of Boone, at such times as shall hereafter be pre- 
scribed by law. 

Sec 2. All laws, and parts of laws, that shall come in conflict Repeal , g clause , 
with this act, are hereby repealed. 

Sec 3, This act shall take effect from and after its passage. 

Approved, February 13, 1847. 



32 



CLAIMS— COMMISSIONERS. 



In force, March AN ACT to limit the time for persons to bring claims against the State of Illinois. 
l, ia-17. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 

au claims to be serded in the General Assembly, That all persons having unliquidated 

tiled m secreta- c | a i ms against the State of Illinois, from any cause whatever, shall 

lice, before Jan. make out all the vouchers, and present the claim, together with his 

x, 1849. own affidavit of the correctness of the same, pre\ ious to the first day 

of January, eighteen hundred and forty-nine, and have the same filed 

in the office of the secretary of State, so that future Legislatures 

may know what unliquidated claims do exist against the State, and 

the grounds upon which they are founded. 

Canal claims to Sec. 2. The unliquidated claims arising from the canal, shall all 

e pr ' be proved up by witnesses, before the State trustee on said canal, 

which shall embrace all the testimony relating to said unliquidated 

claims, and no further testimony shall be allowed to be brought in, 

to substantiate said unliquidated claims, after they are once filed as 

above. 

internal im- g EC# 3 # All unliquidated claims, arising from the internal im- 

beflJre in auditor! S P rovemen * ; system, shall be proved up the same as before mentioned, 

before the auditor of public accounts, and file the same as above; 

and any persons having unliquidated claims, shall prove the same 

before the auditor and file the claim and pioof in like manner. 

Claims barred, if Sec. 4. Any persons having unliquidated claims against the 

not filed. State, who do not prove the same up, and file them as above, shall 

not be entitled to have them considered after that date ; and hereafter 

all unliquidated claims against the State, shall be proved up and 

filed as above, within two years from the time such claim may have 

arisen ; and any claim not presented and proved up as above, and 

filed, shall be forever barred from payment by the State. 

Certificate. g EC _ 5 # The person hereby empowered to hear testimony, shall 

certify all proceedings had before him, under his hand, shall ad- 

Testimony. minister oaths to witnesses, who shall testify the truth in all cases, 

Perjury. ant l ^* or a violation, or for false swearing, in reference to any claim, 

the person so swearing shall be punished according to the law in 

such cases. 

Sec b. This act to be in force from and after its passage. 
Approved, March 1, 1847. 



In force, Febru- AN ACT supplemental to an act entitled, « An act to authorize the appointment of com- | 
ary24, 1817. missioners in other States," approved March 1, A. D. 1845. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the acknowledgment and! 
proof of the execution of any deed, mortgage, or other conveyance 
of any land, tenements, or hereditaments, lying and being in this 
State, or of any contract, letter of attorney, or any other writing 
under seal, to be used or recorded in this Slate, which have been 
or may hereafter be taken or made in the manner directed by the 



CONVENTION. 



33 



act entitled, "An act to authorize the appointment of commission- 
ers in other States," approved March first, eighteen hundred and 
forty-five, and certified by any one of the commissioners appointed 
or to be appointed under said act, before whom the same shall be 
taken or made, shall have the same force and effect, and be as good 
and valid in law, for all purposes, as if the same had been taken or 
made before any officer authorized to take such acknowledgments or 
proof residing in this State. 

Sec. 2. Every commissioner appointed, or to be appointed, by 
virtue of the act to which this is a supplement, shall have power 
and authority to administer an oath or affirmation to any person who Oaths, 
shall be willing and desirous to make such oath or affirmation be- 
fore him; and such affidavit or affirmation made before such com- 
missioner shall be as good and effectual to all intents and purposes . 
as if taken by any officer authorized to administer oaths or affirma- 
tions resident in this State: Provided, that wilful and false False swearing, 
swearing in taking such oath or affirmation would, by the laws of 
the State wherein the same shall be made, be deemed perjury. 

Approved, February 24, 1847. 



AN ACT to provide for the call of a convention. In f° rce > 

* Febiy. 24, 1847. 

Section 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That an election for members to 
the convention to revise, alter, or amend, the constitution of the 
State of Illinois, shall be held on the third Monday of April, in the T ; meofelec?ion 
year of our Lord one thousand eight hundred and forty-seven ; the 
several judges of election, in the several precincts of each county Duty ot j m ] ges 
in said State, shall, upon the day above mentioned, open the polls of of election, 
their respective precincts, in the manner prescribed by law, for the wh . . ,. 
election of members of the General Assembly, at the same places at shall be held, 
which the polls were opened for the election of the members of the 
present General Assembly, and shall receive the votes of all elec- 
tors who are qualified by law to choose members of the General 
Assembly. The electors shall be entitled to vote for as many per- Priv j le of e . 
sons as shall be entitled to a seat in said convention by the provisions lectors, 
of this act, which votes shall be taken in the same manner as is now how votes shall 
prescribed by law in elections for members of the General As- be taken, 
sembly. 

Sec. 2. The clerks of the county commissioners' court shall give Duties of c j epk 
the same notices, the county commissioners' court shall have the of co. tommis- 
same power to appoint iudges of elections, the judges of elections sioners ' c ° urt - 

i 11 f A rf J b . . . , , ' - J , b . . Powers of com. 

snail nave the same power to appoint clerks of election, as is now COU rts,andjudg- 
prescribed by law for giving of' notices, appointment of judges and es of election, 
clerks of election, in the election of members of the General As- 
sembly. The judges and clerks of election, before entering upon Duties of - ud 
the dutias of their offices, shall take the oath prescribed by law for and clerks of e- 
judges and clerks of election, and all vacancies in said offices shall Action. 
be filled in the manner now fixed by law for the filling of such 
vacancies. 

3 



:J4 



CONVENTION. 



Counties. 



delegates. Sec. 3. The number of members in such convention shall be 
one hundred and sixty-two, to be apportioned amongst the several 
counties in this State, and voted for by the qualified electors of such 
counties in the following manner, viz : the county of Adams, three 
members, and Adams and Marquette, together, one member ; 
Alexander and Pulaski, together, one member ; Bond, one mem- 
ber ; Boone, one member; Brown, one member, and Brown 
and Schuyler, together, two members ; Bureau, one member ; Cal- 
houn and Jersey, together, one member ; Carroll and Ogle, together, 
one member ; Cass, one member ; Champaign and Vermilion, to- 
gether, one member ; Christian and Shelby, together, one member ; 
Clark, two members; Clark, Edgar, and Coles, together, one mem- 
ber ; Clay, one member ; Clinton one member ; Coles, two members ; 
Cook, five members ; Crawford, one member ; Cumberland and Ef- 
fingham, together, one member; De Kalb, one member; De Witt, 
one member ; Du Page, one member ; Du Page and Will, together. 
one member ; Edgar, two members ; Edwards and Wayne, together, 
one member ; Eayette, two members ; Franklin, one member; Ful- 
ton, four members ; Gallatin, two members ; Greene, three mem- 
bers ; Grundy and La Salle, together, one member ; Hamilton, one 
member ; Hancock, five members ; Hardin and Gallatin, together, 
one member ; Henderson one member ; Henry and Knox, together, 
one member; Iroquois and Will, together, one member; Jackson, 
one member; Jasper and Crawford, together, one member ; Jeffer- 
son, one member ; Jersey, one member ; Jo Daviess, thiee. mem- 
bers ; Johnson, one member ; Kane, three members ; Kendall, one 
member ; Knox, two members ; Lake, two members ; La Salle, two 
members ; Lawrence, one member ; Lee, one member ; Livingston 
and McLean, together, one member ; Logan, one member ; Mc- 
Lean, one member ; Mason, one member ; Macoupin, two members ; 
McDonough, one member, and McDonough and Warren, together, 
one member ; McHenry, two members ; McHenry and Boone, to- 
gether, one member ; Madison, four members ; Marshall and Stark, 
together, one member; Marion, one member; Perry, Washington, and 
Clinton, together, one member; Marquette, one member; Macon and 
Piatt, together, one member ; Massac, one member ; Menard, one 
member; Mercer, one member; Montgomery, one member, and Mont- 
gomery and Bond, together, one member ; Moultrie and Shelby, to- 
gether, one member; Morgan, four members; Monroe, two members; 
Ogle, one member ; Peoria, two members, and Peoria and Fulton, to- 
gether, one member; Perry, one member; Pike, four members; Pope, 
one member; Putnam, one member ; Randolph, two members ; Rich- 
land, one member ; Rock Island, one member ; Sangamon, four mem- 
bers ; Scott, two members ; Schuyler, one member; Shelby, one 
member ; St. Clair, four members ; Stephenson, two members ; 
Tazewell, two members; Union, one member; Vermilion, two 
members ; Wabash, one member ; Warren, one member ; Washing- 
ton, one member; Wayne, one member; Jefferson, Marion, and 
Hamilton, together, two members ; White, two members j White- 
side, one member ; Woodford, one member ; Winnebago, two mem- 
bers ; Williamson, one member, and Williamson, Franklin, and 
Jackson, together, one member, and Will, two members. 
f Sec. 4. The several judges of election shall return the votes 
given at said election, and the returns shall be canvassed in the 



CONVENTION. 



35 



same manner as is now provided by law for the return of votes and 

the canvassing thereof in elections for members of the General 

Assembly; and certificates of election shall be given to the persons certificates of 

entitled thereto by the same officer and in the same manner as election - 

members of the General Assembly now receive the same; and in 

case of contested elections to the convention, the contending candi- Contested elec- 

dates shall pursue the same course, and be governed by the same * I0ns .' 1 ' 0W de " 

" ■ * i i i • ii. i termined. 

rules, as are now provided by law in contested elections to the 

Legislature of this State. 

Sec 5. The members chosen shall meet in convention at the Convention to 

capitol, in the city of Springfield, on the first Monday in June, in™^ at Spring - 

the year of our Lord one thousand eight hundred and forty-seven. 

They shall be the judges of their own privileges and elections, and To . be J ud s es . °' 

the members thereof shall have the same privileges to which mem- le ggs # own p 

bers of the General Assembly are entitled; and shall, by ballot, President, secre- 

elect one of their number president, and mav appoint one or more tar ! es ' printer ' 

\ ill J i and officers, 

secretaries, a printer, and such doorkeepers and messengers as 

their convenience shall require; and such members of the conven- Pa y andmilea g e * 
tion shall be entitled to the same mileage for travel, and the mem- 
bers and secretaries the same per diem allowance, as is now paid to 
members of the Legislature; and the printer, doorkeeper, and mes • 
sengers shall receive the same compensation as the same officers 
receive from the present General Assembly. The amount due 
each person shall be certified by the president of the convention to Compensation to 

the auditor of public accounts, who shall issue warrants upon the be c .^ rtified bv 

jt president. 

treasurer of the State, and the same shall be paid by the treasurer 

in the same manner as other warrants are paid. It shall be the Sec'ry of state 

duty of the secretary of State to attend said convention at the ° a cn of a co °" 

opening thereof, and he, and all public officers, shall furnish such vention: his, and 

convention with all such papers, statements, books, or other public °j th ? r officers '» 

documents in their possession, as the said convention shall order or 

require, and it shall be the duty of the secretary of State to furnish 

the members with all such stationery as is usual for the Legislature 

whilst in session. 

Sec. 6. The proceedings of said convention shall be filed in the Proceedings, 
office of the secretary of State, and the amendments, revisions, or Amendments 
alterations to the constitution, agreed to by the said convention, & c -, to be rec'or- 
shall be recorded in his office. The said amendments, revisions, or ded in secr eta- 
alterations, shall be submitted by the convention to the people, forj s be submitted 
their adoption or rejection, at an election to be held on the fourth to people on 4th 
Monday of October, in the year of our Lord one thousand eight ^° nda y in 0ct0 " 
hundred and forty-seven, and every person entitled to vote by the who may vote, 
constitution and laws now in force, may vote thereon, in the election 
district in which he shall reside, and not elsewhere. The amend- H °w prepared, 
ments shall be so prepared and distinguished by numbers or other- 
wise, that they can be voted upon separately, and they shall be so 
voted upon, unless the convention shall be of opinion that it is 
impracticable to prepare them so that they can be voted upon in 
that manner; and if trie said convention shall, by resolution, declare 
that in its judgment the amendments, revisions, or alterations cannot 
be prepared so as to be voted upon separately, they shall be voted convention "may 
upon together. In either case, the convention shall prescribe the prescribe form 
form or manner of voting, the publication of the alterations, revis-^"^^^ 
ions, or amendments, and the notices to be given of the election. ments. 



3(j CONVEYANCES. 

Duties of judges At the election mentioned in this section, the judges of election 
of election. s hall receive the votes in the form to be prescribed by the said 
convention; and all the provisions of the laws of this State in rela- 
tion to the election of officers at a general election, shall apply to the 
voting upon said amendments, revisions, or alterations, so far as the 
same can be made applicable thereto ; and the votes given upon said 
alterations, amendments, or revisions, shall be given and canvassed, 
What proceed- an & a ^ proceedings shall be had in regard to them, as nearly as 
ings shall be had. practicable, in the manner prescriLed by law in respect to votes 

vote "before hl^ ven for Governor. Jt sna11 be lhe dut y of the Governor to lay 

gislature. ' before the General Assembly, in joint meeting, at its next session, 

the vote for ratifying or rejecting said constitution, or any part 

thereof; and if it shall appear to said General Assembly, in such 

joint meeting, that a majority of all the votes given have accepted 

Duty of the Le-^g constitution so amended, or any part thereof, they shall, by a 

joint resolution, declare said constitution to be the supreme law of 

the land, and the former constitution abolished ; but if it shall appear 

that a majority of votes were given against the said constitution, or 

Proviso in favor any part thereof, then the same shall be null and void : Provided, 

01 conven ion. ^^ -^ ^ e convention shall fix upon any other time for holding the 

election, or the manner of canvassing the votes for or against said 

amended constitution, and for its taking effect, then such manner as 

is pointed out by the convention shall be adopted. 

False swearing: g EC> 7^ All wilful and corrupt false swearing in taking any of 

the oaths prescribed by this act, or by the laws of this State made 

applicable to this act, or any other mode or form in carrying into 

effect this act, shall be deemed perjury, and shall be punished in 

the manner now prescribed by law for wilful and corrupt perjury. 

Public pi inter to g EC# §_ 'p^e public printer is hereby authorized to publish ten 

pies of this act. thousand copies for distribution by the members of the Legislature. 

sec'ry of statetoThe secretary of State shall cause to be transmitted to the several 

ransmi tocl ' ks - c i er ] iS f th e county commissioners' courts in this State, such a 

number of copies of this act as shall be sufficient to supply the 

several officers who are to perform duties under this law, and the 

said clerks shall distribute the same to such officers. 

Approved, February 20, 1847. 



In force, AN ACT to legalize the deeds made by the county commissioners of Sangamon county, 
Feb'ry 17, 1847. conveying the public square to the State. 



Absolute title. 



Sec. 1. Be it enacted by Vie People of the State of Illinois, repre- 
sented in the General Assembly, That the deeds heretofore made by 
the county commissioners of Sangamon county, to the Governor of 
this State, for the use of the people of this State, conveying the 
public square in the city of Springfield, on which the Slate house 
now stands, be, and the same are hereby, declared to be legal and 
valid, and shall vest in the State, the full and complete title, in fee 
simple, to the said public square in the city of Springfield, on which 
the State house now stands. 

Approved, February 17, 1847. 



CONVEYANCES. 



37 



AN ACT to amend the twenty-fourth chapter of the revised laws entitled "conveyances " In force, 

J • Feb 5 ry 22, 1S47. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That all deeds and conveyances of 
lands lying within this State, may be acknowledged, or proved, be- 
fore either of the following named officers, to wit: Any judge or officers before 
justice of the supreme or district court of the United states ; anyg V t! h °T m ^ s ° wl " 
commissioner to take acknowledgements of deeds ; any judge or jus- may be taken. 
tice of the supreme, superior, or circuit court of any of the United 
States, or their territories ; any clerk of a court of record ; mayor 
of a city, or notary public ; but when such proof or acknowledge- 
ment is made before a clerk, mayor, or notary public, it shall be 
certified by such officer under his seal of office. Such proofs and 
acknowledgements may also be made before any justice of the peace; 
but if such justice of the peace reside out of this State, there shall Certificates of 
be added to the deed a certificate of the proper clerk, setting forth ter. 
that the person, before whom such proof or acknowledgement was 
made, was a justice of the peace at the time of making the same. 
If such justice of the peace resides within this State, the certificate 
of the clerk of the county commissioners' court, of the proper coun- 
ty, under his seal of office, that the person taking such proof or 
acknowledgement, was a justice of the peace at the time of taking 
the same, shall be deemed sufficient evidence of that fact; if such 
justice reside within the county where the lands conveyed are situ- 
ate, no such certificate shall be required. All deeds and convey- Entitled to rec- 
ances which have been, or may be, acknowledged or proved in the ord * 
manner prescribed in this section, shall be entitled to record, and 
be deemed as good and valid in law, in every respect, as if the same 
had been acknowledged or proved in the manner prescribed in the 
sixteenth section of the twenty-fourth chapter of the revised laws, 
to which this act is an amendment. 

Sec 2. When any feme covert, not residing in this State, being Deed of feme 
above the age of eighteen years, shall join with her husband in the covert valid « 
execution of any deed, mortgage, conveyance, or other writing of, 
or relating to, any lands or real estate, situate within this State, she 
should thereby be barred of, and from, all estate, right, title, interest 
and claims of dower therein, in like manner as if she was sole, and 
of full age. And any such feme covert, joining with her husband in 
the execution of a power of attorney or other writing, authorizing 
the sale, conveyance, or other disposition of lands or real estate, as 
aforesaid, shall be bound and concluded by the same, in respect to 
the right, title, claim, or interest in such estate, as if she were sole 
and of full age, as aforesaid; and the acknowledgement or proof of 
such deed, mortgage, conveyance, power of attorney, or other writ- 
ing, may be the same as if she were sole, and shall entitle such deed, 
mortgage, conveyance, power of attorney, or other writing, to be 
recorded as is authorized by this act; and the provisions of this 
section shall apply to deeds, mortgages, conveyances, powers of attor- 
ney, and other writings heretofore, as well as those which may 
hereafter be, executed. 

Sec 3. That deeds, mortgages, conveyances, powers of attorney, ? eeds , J &c, 1 ' ? c ' 

,i •■• c • ° i i J i . • . , J knowledged in 

or other writings of or concerning lands, or real estate, situated within other states. 



38 COUNTIES. 

this State, which have [been] or may hereafter be executed without 
this State, and within the United States, and which have been, or 
may hereafter be, acknowledged or proved, in conformity with the 
laws of the State, territory, or district, in which they were executed, 
shall be admitted to record in the county or counties wherein the 
lands or real estate affected are situated; and such deeds, mortgages, 
conveyances, powers of attorney, or other writings, acknowledged . 
or proved as aforesaid, when so recorded, may be used as evidence, 
without further proof of the execution thereof." 

This act to take effect from and after its passage. 

Approved, February 22, 1847. 



In force, AN ACT to fix the pay of county commissfoners. 

Febry. 16, 1847. 

Be it enacted by the People of ike State of Illinois, represented in 

the General Assembly, That the county commissioners' courts of the 

several counties in this State may, by an order of said court, allow 

to each commissioner any sum not exceeding two dollars and fifty 

$2 59perday. cents per day for each day's attendance in holding courts. 

Approved, January 16, 1847. 



In force, AN ACT to change the name of the county of Marquette, to organize the same, and to 
Febry. 27, 1847. attach a portion of the county of Adams thereto, to provide for the collection of reve- 
nue therein, and for other purposes therein mentioned. 

Section 1. Be it enactedbyihe People of the State of Illinois., repre- 
sented in the General Assembly, That the county heretofore known 
Change of name, by the name of Marquette county, shall hereafter be known and 

called by the name of Highland county. 

Territory de- Sec. 2. All that part of the now county of Adams, lying east of 

fil »cd. a line commencing at the northwest corner of section two (2), in 

township two (2), north of the base line, and range seven, west of 

the fourth principal meridian, running thence due south, on said 

sectional line, eighteen miles, to the township line running between 

townships one and two south, thence east on said township line, two 

miles, to range line between range six and seven west, as aforesaid, 

be, and the same is hereby, attached to, and made a part .of, the 

county of Highland, as aforesaid. 

Section when ^ec. ^' There shall be an election held in the said county of 

and how held, for Highland, on the first Monday of April next, in all the precincts of 

county officers. sa j ( j county, a s laid off by the county of Adams, for all the county 

officers of the county of Highland, including two justices of the 

peace, and two constables, for each of said precincts, which said 

elec'ion shall be held and conducted, in all respects, as required by 

the general election laws of this State, as is now provided by law : 

County com. Provided, however, the county commissioners' court of Highland 

missioners : county, shall, at their first session in and for the county of High- 

!te(!iied. 0f ° ff ' Ce land, determine by lot, as is now provided by law, their respective 

terms of office, so that the one shall expire on the first Monday c/f 



COUNTIES. 



39 



August next, and one on the first Monday of August, eighteen hun- 
dred and forty-eight, and one on the first Monday of August, eigh- 
teen hundred and forty-nine ; and in case of a contest of any of the Contest : how 
offices named, it shall be determined according to the laws concern- determined, 
ing contested elections. * 

Sec. 4. Within five days after said election is held, the judges p oll-booki i 
of said election shall make returns of the poll-books thereof, to returned. 
Wesley D. McCann, at his office in the town of Columbus, in 
said county of Highland, or, in case of his death or absence, to 
James A. Bell, at his office in said town of Columbus, who, togeth- 
er with two justices of the peace of said county, shall meet within 
eight days from the said day of election, at the office of the said 
Wesley D. McCann, or James A. Bell (as the case may be), and 
then and there open and compare said poll-books and returns, as when and how 
aforesaid, and do and perform all such acts as are required by tJje compared. 
laws of this State, where returns are made to the clerk of the coun- 
ty commissioners' court; and the said Wesley D. McCann, or James 
A. Bell (as the case may be), are hereby required to perform all 
such duties, in relation to said returns, as the clerks of the county 
commissioners' courts are required to do and perform under the 
election laws of this State. 

Sec. 5. Sections cne, four, six, nine, eleven, twelve, thirteen; Parts of former 
fourteen, fifteen, sixteen, and seventeen, of " An act to create the actinforcc " 
county of Marquette, and for other purposes therein mentioned," 
approved February eleventh, eighteen hundred and lorty three, be, 
and the same are hereby, declared a part of this act, except the Exceptions, 
name Marquette, wherever it occurs in said sections, it shall be s.-j 
changed as to read Highland, and except the boundaries of Mar- 
quette county, as fully as if the same were set out in full, and in- 
corporated into this act; and sections two, three, seven, eight, eigh-Parts of former 
teen, nineteen, twenty, twenty-one, twenty-two, and twenty-three, act repealed, 
of said act, are hereby repealed. 

St.c. 6. The county commissioners of said county, shall hold County comm'rs 
their first court in the town of Columbus, in said county of High- 00 " 1 ' 1 "? : whe " ) 
land, and the courts of justice lor said county, shall be holden in held, 
said town of Columbus, as aforesaid, until provision by law shall be 
made to hold them elsewhere. 

Sec. 7. As soon as the said county of Highland is organized, the 
school commissioners of the county of Adams, shall deliver and school funds: 
pay over to the school commissioners of the county of Highland, aii^Wj&towhoiu, 
the school funds belonging to the several townships in the county of 
Highland, and all moneys, notes, and mortgages, appertaining to the 
same, and, also, all moneys and interest arising from the school, 
college, and seminary fund, which may belong to the county of High- 
land ; and the auditor of State is hereby authorized to pay over to Auditor of state 
the school commissioners of the county of Highland, all moneys j° r ? y ° vercer " 
which heretofore have been, and may hereafter be, due and set 
apart to the county of Marquette, as the portion of the school fund 
due said county. 

Sec 8. All letters of administration which have been, or may Letters of ad- 
hereafter (before the organization of the county of Highland) be, Illinistra,ion •' 
granted by the probate justice of the peace of the county of Adams, se ttled. 
upon estates lying and I eing in the county of Marquette or High- 
land, are hereby declared as legal, as if letters, as aforesaid, had 



40 



COUNTIES. 



been granted in the county of Marquette, and the same shall be 
settled in the county of Adams, as fully as if in said county of Mar- 
Linbiiity of ex-qu^te; and the liabilities of executors, administrators, and their se- 
ecutors, &c. curities, are hereby declared the same as if letters had been granted 
i* by a probate justice of the peace, in and for the county of Marquette; 
Deeds, &c, re- and all deeds, mortgages, and other instruments in writing entitled 
corded in Adams to be recorded by the laws of this State, which have heretofore been 
<-oun y, vai . recorc ] ec i j n the recorder's office of Adams county, affecting or relat- 
ing to real or personal property, lying and being in the county of 
Marquette, or which shall hereafter be recorded in said recorder's 
office, affecting property in the county of Highland, before the or- 
ganization of said county, be, and the same is hereby declared, as 
valid as if they were recorded in the county of Marquette, or 
Justice of peace: Highland ; and all acknowledgements of deeds, and other instruments 
former acts of. in W riting, which have heretofore been acknowledged by thejusti- 
** ces of the peace of the county of Marquette, and all official acts of 
said justices of the peace, shall be as valid as if said justices had 
been duly elected and qualified as justices of the peace of the coun- 
ty of Marquette. 
Assessor : his Sec. 9. The assessor of taxes, in and for the county of Highland, 
duties. f or the y ear eighteen hundred and forty-seven, shall, at the same 

time that he makes the assessment for the year eighteen hundred 
and forty-seven, also make an assessment for the year eighteen hun- 
Coiiector : his dred and forty-six ; and the collector ol the county of Highland shall 
duties. collect the amount of State tax for said year eighteen hundred and 

forty-six, at the same time, and in the same manner, as for the year 
what property eighteen hundred and forty-seven: Provided, said assessor, in mak- 
deciared taxable. j n g sa [^ assessment for said year eighteen hundred and forty-six, 
and the collector, in collecting said tax, shall only make and collect 
the same upon property which was in, and owned in, said county of 
Marquette in the year eighteen hundred and forty-six ; and for tho 
Personal proper- purpose of ascertaining the amount of personal property so owned 
ty : amount of, £s aforesaid, the assessor is hereby empowered to administer an 
'oath to each person liable to be taxed, as aforesaid, and require him 
or her to answer, on oath, what amount of property he or she res- 
pectively held, subject to taxation for the year eighteen hundred and 
forty-six ; and upon refusal to answer, under oath, as aforesaid, the 
assessor shall be governed as is now provided by law, as in case of 
refusal. 
Attached to Ad ^ec ^* That the said county of Highland shall be, and re- 
nins county fofmain, attached to the county of Adams, for all judicial purposes, 
judicial purpo- U p t the time fixed for the organization of said county of Highland, 
and until the time for the officers to qualify, as herein provided, and 
not thereafter. 
Refusal to or-i Sec 11. In case the said county of Highland shall not organize 
ganize: effect of. within the time allowed in this act for the said county of Highland 
to organize, the tract of land, by this bill, attached to said county of 
Highland, from the county of Adams, aforesaid, by the second sec- 
tion of this act, shall be and remain a part of the county of Adam?. 
if not organized, Sec. 12. In case the said county of Highland shall not organize 
Governor to ap- within four months from the passage of this act, it shall be the du- 
and ' collector! 01 " ty °'" l ^ ie Governor of this State to appoint some suitable person or 
persons to assess and collect all arrearages ol' taxes due the State of 
Illinois, and now accruing in the said county of Highland ; said as- 



COUNTIES. 42 

sessors and collectors giving bond and security, as the law now re- 
quires to be given by assessors and collectors of the revenue of the 
State, and having the same rights and powers, discharging the SJ u» e ^MUties. "" 
duties, and being in like manner liable, as assessors and collectors 
now are by the laws of the State of Illinois. 

Sec. 13. The election for county officers, as provided in the Election for co. 
third section of this act, shall be held on the third Monday in April^" :whent0 
next, as is provided in said section, said election to be held and con- 
ducted in the same manner as therein provided ; and it is hereby 
made the duty of the peison to whom the returns of said election is Returns of, for 
made to meet the county commissioners' clerk of the county of^convraUon' 
Adams, at his office in Quincy, within four days after the returns when, where, 
are made to him, for the purpose of comparing the vote and ascer- andhow > made * 
pining who has received a majority of votes for joint members, 
from the counties of Adams and Highland, to the convention of this 
State, and deliver a certificate to the person elected, and transmit a 
an script of said votes to the secretary of Sta\e ; and the said per- 
son, to whom the return of the election of Highland county is made, 
shall make out and deliver to the person elected to the convention of 
his State from said county, a certificate of election, as aforesaid. 

Sec. 14. This act shall be in full force and effect from and after 
its passage, 

Approved, February 27, 1847. 



AN ACT to correct and legalize the census of Tazewell county. In force, 

Janiy. 26, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
Represented in the General Assembly, That the enumeration of the Enumeration of 
inhabitants of the county of Tazewell, as made by George Parker, George Parker, 
samuel Rhodes, Catesby Gill, Alexander B. Davis, John Durham, J^ ^ 613 ' le " 
r., Jefferson Britt, and Anthony Vincent, being one person from 
;ach election precinct in said county, appointed by the county com- 
missioners' court of said county, on the sixth day of March, eighteen 
tiundred and forty-six, for the purpose of correcting supposed errors 
n the return of the commissioner appointed to take the census of 
jighteen hundred and forty-five, be, and the same is hereby, legalized. 

Sfc. 2. The returns as made by the above named persons to the 
:ounty commissioners' court of said county, on the ninth day of April, 
iighteen hundred and forty-six, show the actual number of persons in 
laid county to be nine thousand one hundred and nine, instead of seven Number of in- 
housand six hundred and fifteen, as returned by the commission- habitants. 
;rs appointed by law to take the census of eighteen hundred and 
brty-five; which number of nine thousand one hundred and nine is, 
>y this act, deemed to be the true enumeration of the inhabitants of 
aid county, and to all intents and purposes of as full force and effect 
us though the same had been done as provided by chapter nineteen 
'.f the « Revised Statutes." 

Sec. 3. The interest arising from the school, college and School, college, 
;eminary funds, shall be distributed to said county, and the ap- and seminary 
>ortionment of representation made upon the enumeration of nine be distributed. 



42 



COURTS. 

thousand one hundred and nine, instead of seven thousand six hun- 
dred and fifteen, as returned to the office of the secretary of State ; 
and the "auditor of public accounts " is hereby required, when the 
next distribution of school funds is made, to issue his order to the col- 
lector of Tazewell county for the amount which said county has failed 
to receive, on account of the error in the census returns of said county. 
Approved, January 26, 1847. 



In force, AN ACT supplemental to an act entitled, "An act for the assessment and collection of 
Febry. 28, 1847, revenue for Hancock county, for 1845, 1846, and 1847." 

Section 1. Be it enacted by the People of the State of Illinois , 
represented in the General Jlssembly, That the eleventh section of an 
act entitled, "An act for the assessment and collection of revenue 
for Hancock county, for 1845, 1846 and 1847," approved January 
26, 1847, be, and the same is hereby, repealed. 

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

Approved, February 28, 1847. 



In force, AN ACT establishing a term of the circuit court in the county of Jo Daviess. 

March 1, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That a term of the circuit court 
shall be held at the city of Galena, in the county of Jo Daviess, on 
the second Monday of March of each year, as heretofore. 

Approved, March 1, 1847. 



In force AN ACT to change the time of commencing the terms of the_ circuit courts of Massac 
Febry. 27, 1847. county. 

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

Circuit court in represented in the General Assembly, That hereafter the circuit courts 

Massac county. j n am j j- or ^ e coun ty of Massac, shall be commenced and held on 

the Thursdays following the first day of the terms of the circuit 

courts of Johnson county, so that there shall be three days of court 

in the said county of Johnson, and one week at each term in 

Massac county. 

Process, when Sec 2. All writs and process issued and made returnable to 

returnable. the circuit court of Massac county, as now organized by law, shall 

be taken and deemed to be returnable to the term of said court, as 

provided for in this act. This act to be in force from and after its 

passage. 

Approved, February 27, 1847. 



COURTS. 43 



AN ACT extending the limits of the fifth judicial circuity and fixing the times of holding In* force, 

courts therein. Febry. 5, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county of Pike be, pj] ce county a t- 
and the same is hereby, attached to, and made part of, the fifth tached to 5th cir- 
judicial circuit of this State. cuit " 

Sec 2. That hereafter the circuit courts in said circuit shall be 
held as follows : In the county of Fulton, on the second Monday Times of hold- 
in March; in the county of Schuyler, on the second Monday there- i^g courts, 
after ; in the county of Pike, on the first Monday thereafter ; in 
the county of Brown, on the second Wednesday thereafter ; in the 
county of Hancock, on the first Monday thereafter ; in the county 
of Henderson, on the second Monday thereafter ; in the county of 
Warren, on the first Monday thereafter ; in the county of Knox, 
on the first Monday thereafter ; in the county of McDonough, on 
the first Monday thereafter; in the county of Adams, on the first 
Monday thereafter ; in the county of Fulton, on the second Monday 
in August; in the county of Schuyler, on the second Monday 
thereafter ; in the county of Pike, on the first Monday thereafter ; 
in the county of Brown, on the first Monday thereafter ; in the 
county of Hancock, on the second Friday thereafter ; in the county 
of Henderson, on the second Monday thereafter ; in the county of 
Warren, on the first Monday thereafter ; in the county of Knox, 
on the first Monday thereafter; in the county of McDonough, on 
the first Monday thereafter ; in the county of Adams, on the first 
Monday thereafter. 

Sec 3. All indictments, informations, recognizances, suits, Proceedings, 
motions, writs, process, and proceedings of every description, civil, 
criminal, and in chancery, which have been, or shall hereafter, 
and within the time limited by this act, be commenced, returnable 
to, or pending in any of the circuit courts in the said judicial cir- 
cuit, shall be continued over, returnable to, and pending in the said 
circuit courts, respectively, at the time or times by this act estab- 
lished for holding each of the said circuit courts ; and no such Not vitiated, 
indictment, information, recognizance, suit, motion, writ, process, 
or proceeding shall, for such reason, be quashed, set aside, dis- 
missed, held void, or in any manner affected or avoided on account 
of the change hereby made in the time of the holding of the said 
courts, or any of them. 

Sec 4. JN'o right which any party, plaintiff" or defendant, in any Rights preserv- 
ation of ejectment had by virtue of any law now in force, to a new ed> 
trial in such action, shall be prejudiced, or in any manner taken 
away by any change or alteration made by this act in the time of 
holding courts in any of the counties in said judicial circuit; but 
new trials shall be granted during the spring and fall terms of said 
court, in all cases where parties would be entitled to new trials at 
said teims, if the times of holding said courts had not been changed. 

Sec 5. The secretary of State shall forthwith, on the passage 
of this act, cause to be printed and transmitted to each of the clerks 
of the circuit courts in said circut, ten copies of the same. 

Approved, February 5, 1847. 



44 



COURTS. 



Jurisdiction. 



Governor's 
duty. 



In force [AN ACT to establish district courts in the State of Illinois. 

Feb'ry 20, 1847. 

Section 1. Be it enacted by the People of the State of Illinois j 

Court establish- represented in the General Jlssimbly, That there shall be, and hereby 

ed. is, created and established a district court in and lor each judicial 

circuit of the State of Illinois, to be called the district couit in and 

for the judicial circuit, which shall be a court of record, and 

shall be held by the judge of the circuit, in such part of his circuit 
as may be convenient and suitable. 

Sec. 2. The said district court shall have jurisdiction in all 
criminal cases arising in said circuit on indictment, as herinafter 
specified. 

Sec. 3. The Governor of the State of Illinois, whenever he is 
satisfied that it is essential to preserve law and order, and put down 
rebellion or mobs, or combinations to prevent the execution of law, 
shall require, by notice in writing, the said judge of the district 
court in which district such illegal and criminal offences may be 
committed, to call a term of such district court, within thirty days 
Duty of judge, after such requisition and notice; and it shall be the duty of said 
judge immediately to fix upon a time and place of holding said dis- 
trict court, within the period aforesaid, and to issue a precept to 
each of the sheriffs of the several counties in his judicial circuit to 
summon, from each of said counties, a fair proportion, to be fixed 
Jurors. D y scu d judge, of grand and petit jurors for said district court; the 

said judge shall cause notices of the time and place of holding said 
district court to be put up at three ol the public places in each of the 
counties of his judicial circuit, one of which notices shall be placed 
on the outer door of the court house, in each of said counties. 
Qualifications of Sec 4. The said jurors shall possess the same qualifications 
Jurors. that are required for jurors now by law, except as to residence: 

Provided, that they shall be residents of said judicial circuit, and the 
said district court shall have power to summon talesmen of said cir- 
cuit, if there may not be, at any time, sufficient jurors in attendance. 
Grand jury. Sec. 5. The grand jurors shall be sworn, and proceed in all re- 

spects in procuring and hearing testimony in behalf of the people of 
the State of Illinois, and finding bills of indictment as in circuit 
courts; except that they shall not have power to try cases coming 
up from any part of said district, except from the county or counties 
which are set forth in the proclamation of the Governor as being in 
a state of riot, or eombination against the laws. 
Circuit attorney Sec ®* The date's attorney of said judicial circuit shall be no- 
to be notified, tified of the time and place of holding said district court, by said 
Prosecutor. judge, and shall act as prosecutor for the people at said court; and 
the said court shall have power to appoint a prosecuting atlorney, 
pro tern, or an assistant prosecuting attorney; which prosecutor pro 
tern, or assistant prosecuting attorney, shall be allowed for his ser- 
vices during the term, not exceeding two hundred dollars, to be cer- 
tified by the judge, and paid out of the treasury. 

Sec. 7. The said judge shall appoint a marshal, who shall exe- 
cute such bond, with such security as the said judge may require, 
to conform as near as may be to the official bonds of sheriffs ; 



Talesmen. 



Marshal. 



COURTS. ^g 

the said marshal shall perform all the official duties in said district, re- Duties, 
quired of sheriffs, in their respective counties, in criminal cases. 

Sec. 8. The judge shall also appoint a clerk, who shall execute Clerk, 
such bond, and with such security as the judge may require, to con- Bona. 
form as near as may be to the official bonds of clerks of the circuit 
court ; the said clerk shall perform all the official duties in said dis- Dut y* 
trict court, that are required of clerks of the circuit court in criminal 
cases. 

Sec 9. The process of said district court shall be issued to the Process: how 
marshal, and may be executed by him, and all the sheriffs and con- serve ' 
stables of the State of Illinois. It shall be tested in the name 
of said clerk, and under his private seal until a public seal is pro- 
vided. 

Sec 10. In case the time fixed by the said judge for holding said 
district court, shall interfere with the time of holding circuit court in 
any county of his said circuit, it shall be the duty of the said judge 
i fy the clerk of said circuit court thereof, which clerk of such 
circuit court shall cause notice to be posted up in every precinct of 
such county, that the said circuit court will not be held; and the said Circuit court 
circuit court of said county shall stand adjourned to the next regular jja^m, lspens " 
term thereof, and all cases and matters pending therein continued. 

Sec 11. If the said judge of the said circuit court shall, from Another judge 
any cause, be unable to attend the said district court, any other judge ma y Lttend ' 
of the circuit courts of this State may perform the duties with like 
power and jurisdiction; and the judge of said district court shall 
have power to call to his assistance, at said court, any other circuit 
judge in said State. 

Sec 12. All the rules, proceedings, and practice, in said dis- Rules and prac- 
trict court shall conform as near as maybe to the rules, proceedings, tlce * 
and practice of circuit courts in the State of Illinois in criminal 
cases, and the judgments shall be of the same form and effect, and 
all the provisions of the criminal code shall be complied with, so 
far as may be applicable to said district court. 

Sec 13. The said judge may, whenever he deems it necessary 
to execute process, or enforce order, direct the said marshal to sum- Posse, 
mon such posse as said judge may think proper, to aid and protect 
the court in exercising the laws and giving persons charged with 
offences an impartial trial ; which posse shall be allowed one dollar, 
each, per day, for their services, to be certified by the judge, and 
paid out of the State treasury. 

Sec 14. When any person or persons who may be indicted in 
any county circuit court, for any crime or misdemeanor, shall after- 
wards be indicted for the same offence in said district court, before 
trial in said circuit court, the said indictment in said district court 
shall operate as a noil", prosequi upon said indictment in said circuit Nolle prosequi, 
court. But nothing in this act shall be construed as depriving the 
circuit court, of the proper county, of concurrent jurisdiction with 
sai I district court, at any time when said district court is not in 
session. 

Sec 15. The said judge shall have power to adjourn from day Adjournment. 
to day, and from time to time, until all cases pending in the said dis- 
trict court are disposed of. 

Sec 16. All costs, fines, penalties and forfeitures, had or taken Costs, fines and 
before said district court, shall enure to the benefit of the State f recognizances. 



46 



CRIMES. 



Illinois; and cognizances taken and forfeited in said court may be 
sued upon in any county circuit court, where the cognizors, or any 
of them, reside. 

Sec 17. Where imprisonment is a part of the punishment, the 
defendent may be imprisoned in any jail in said circuit, and the 
said marshal may confine any person in his custody in any of said 
jails for safe keeping- 
Writs of error. Sec 18. Writs of error to the supreme court of said State, 
shall be allowed from said district court, in all respects, as from 
Fee8 « circuit courts. 

Sec. 19. The marshal shall be allowed for his services the 
same fees as are allowed sheriffs for similar services, in civil cases. 
The clerk the same fees as are allowed clerks of the circuit court 
for similar services in civil cases. The grand and petit jurors, and 
witnesses in "behalf of the people, one dollar each per day, and one 
dollar for every twenty miles necessary travel in going to and re- * 
resumptions, turning from said court; all of which fees shall be certified by said 
judge, and paid out of the State treasury. 

Sec. 20. After trial and verdict, the same presumptions h s 
exist in favor of the jurisdiction of said district court, and the same 
regularity of its proceedings, that exist in favor of the proceedings 
Custody of rec-and jurisdiction of circuit courts of this State. 

ords - Sec 21. After the adjournment of said district court, the papers, 

records, and proceedings of said court, shall be preserved by said 

clerk, or by such person as the said judge may designate, for their 

safe keeping, by order of said district court. 

Approved, February 20, 1847. 



In force, AN ACT allowing persons arrested on criminal charges to remove the place of examina- 
Feb'ry 11, 1847. tion, as therein provided. 



Be it enacted by the People of the State of Illinois, represented in the 
Wanner and General Assembly, That when any person is arrested on any crim- 
change. 8 ° ^ na ^ charge, and taken before any justice of the peace for examina- 

tion, he or she shall have the privilege of removing said examination 
from before said justice, upon filing an affidavit that said justice is 
so prejudiced against him or her that he or she believes they cannot 
have a fair and impartial investigation before said justice ; and upon 
the filing of said affidavit, it shall be the duty of said justice to 
transmit all the papers connected with, or growing out of, said ex- 
amination, to the next nearest acting justice of the peace, or, in 
case of his absence or sickness, before any other justice of the 
peace of the next adjoining precinct in the county, who shall pro- 
ceed to hear and determine the matter as though the same had 
Constable's duty been originally commenced before him: Provided, the constable 
having the defendant in charge shall hold him in his custody until 
the complaint shall be heard and disposed of by the justice to whoifl 
the papers shall be sent as aforesaid. 
Approved, February 11, 1847. 



DBAF AND DUMB— ELECTIONS— ESTRAYS. 47 



I 

AN ACT making further provisions for the education of the deaf and dumb. In force, • 

Feb.. 23, 1847. 

Section 1. Be it enacted by the People of the State of Illinois,, 
represented in the General Assembly, That the appropriation in aid 
of the funds of the Illinois asylum for the education of the deaf 
and dumb shall be, and the same is hereby, increased three thou- Appropriation 
sand dollars annually, and the auditor of public accounts is hereby mcreased » 
authorized and required annually to issue his warrant on the trea- 
surer for the same, which shall be paid out of any money not 
otherwise appropriated : Provided, that the Legislature may at any 
time repeal this act. 

Approved, February 23, 1847. 



AN ACT to amend the seventh section of the thirty-seventh chapter of the revised In force, 

laws of one thousand eight hundred and forty-five, in relation to elections. Feb'ry 23, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the seventh section of 
the thirty-seventh chapter of the revised statutes of A. D. one 
thousand eight hundred and forty-five, be, and the same is hereby, 
so amended, as to give the county commissioners of the several 
counties in this State, power and authority to establish more than 
one set of judges of election in such precincts in their respective Judges of elec- 
counties, when, in their opinion, the same may be necessary, for the tl0n increased - 
purpose of receiving votes at all general or special elections ; and 
the said county commissioners may appoint as many sets of judges 
of election, in any precinct in their counties, as, in their judgment, 
may be necessary for the convenience of the voters: Provided, they 
shall not establish more than one set of judges of election in any Restriction, 
precinct where less than three hundred votes are usually polled 
at a general election. This act to be in force from and after its 
passage. 

Approved, February 23, 1847. 



AN ACT to amend "An act changing the estray law," approved March third, eighteen In force, 

hundred and forty-five. Feb'ry 28, 1847. 

Section 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That no horse, mare, colt, 
mule, or ass, shall be taken up and posted between the first day of 
April and first day of November, unless the same be found out of 
the range of the proper owner, or within the lawful fence or 
inclosure of the taker up, having broken in the same, or manifestly 
running away from the owner. 



48 



FUGITIVES FROM JUSTICE— FEES. 

Sec. 2. That from and after the passage of this act, no person 
who is not a householder of the county, shall he permitted, under 
the law to which this is an amendment, to take up and post any 
e stray animal enumerated either in this act or the act to which this 
is an amendment. This act to take effect from and after its passage. 

Approved, February 28, 1847. 



In force AN ACT to P rov i de *° r tne apprehension of fugitives from justice. 

Feb>ry27, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That it shall be lawful for the county 
commissioners' courts of the several counties in this State, by an 
order to be entered upon their records, to fix upon a sum not ex- 
Reward for fugi-ceeding one hundred dollars, as a reward to be paid to any person 
tives. w } 10 s h a li hereafter pursue and apprehend, beyond the limits of the 

county where the offence shall have been committed, any person 
guilty of any felony or other high crime, which reward shall be 
paid by the county where the offence was committed, on the con- 
Proviso, viction of the criminal : Provided, nevertheless, that said reward shall 
not disqualify the person entitled thereto lrom being a witness. 

Sec 2. It shall be lawful for the county commissioners' courts 
of the several counties in this State, to enter an order upon their 
records, allowing to any person or persons, who shall have aided or 
assisted in the pursuit, or arrest of any person or persons suspected 
or accused of any felony, or other high crime, committed in their 
county, such reasonable sum as said county commissioners shall 
County to pay deem just, lo defray the expenses of the person or persons in aid- 
expenses, ing or assisting in the pursuit or arrest of such offender or offenders, 
in making such pursuit or arrest ; which sum so allowed, shall be 
paid out of the county treasury, in the same manner that other coun- 
ty expenses are paid. 

Approved, February 27, 1847. 



In force, A ^ ACT to amend chapter forty .one of the revised statutes in relation to fees, approved, 
Feb'ry 27, 1847. March 3, 1845. 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Jtssembly, That the county commissioners' 
court of any county in this State, may, if they shall deem it expedi- 
Fees of sheriti'ent to do so, allow the sheriff of their county any sum. not exceed- 
for summoning - n ^ ^ en ( i n arSj f or summoning the grand and petit jurors, for each 
term of the circuit court; which sum, when so allowed, shall be paid 
out of the county treasury, upon the order of said court, and shall 
be in full for said service. 
Repeal'g clause. Sec 2. So much of the law now in force, entitled " fees and 
salaries," as relates to sheriffs' fees for summoning grand and petit 
jurors, be, and the same is hereby, repealed. This act shall be in 
force from and after its passage. 
Approved, February 27, 1847. 



FEES—GOVERNOR. 



49 



AN ACT to raise the fees of grand and peti^jurors. In force, 

Feb'ry 4, 1847* 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the Geneial Assembly, That from and after the passage of 
this act, instead of the compensation now allowed by law, there 
shall be paid to each and every juror, grand and petit, the sum of 
one dollar, for each day's attendance at court, to be allowed and paid$i per day, 
as already provided by law. 

Sec 2. And there shall also be allowed and paid to grand and Mileage, 
petit jurors, 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 for by law, for the payment of grand and petit jurors. 

Sec. 3. Section 1(5 of the act concerning jurors, approved, RepeaPg clause. 
March 3d, 1845, be, and the same is hereby, repealed. 

Sec 4. This act shall take effect and be in force from and after 
its passage. 

Approved, February 4, 1847. 



AN ACT to authorize the Governor to pay William E. Armstrong and others the amount j n f 0rC e, 

of a certain judgment. Feb'ry 27, 1847. 

Section 1 . Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That the Governor of this State is G 0vernor to pay 
hereby authorized, and required, to pay to William E. Armstrong, money. 
ANilliam L. Perce, Jacob Clay pool, and Perry A. Claypool, late 
contractors on section one hundred and twenty-six (126), of the 
Illinois and Michigan canal, the sum of one hundred and fifty-one 
dollars and fifty cents, with interest on the same from the second 
day of October, one thousand eight hundred and forty-four. 

Sec 2. The said payment shall be made in the same kind ofFundstobepaid. 
funds which has heretofore been paid to contractors, for damages on 
the said canal, under the act of the General Assembly, approved, 
February the twenty-first, one thousand eight hundred and forty- 
three, and when so paid, to be in full satisfaction of a judgment ren- 
dered in favor of the said Armstrong, Perce, Claypool, and Claypool, 
before the lion. II. M. Young, in the circuit court of Grundy county, 
at the September term, one [thousand] eight hundred and forty- 
three. This act to take effect and be in force from its passage. 

Approved, February 27, 1847. 



AN ACT to authorize the repairing of the Governor's house. _ » 

In force, 

Feb'ry 11,1847, 
Section I. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the secretary of State is 
4 



50 



GOVERNOR. 



Duty of secreta- hereby required to contract with some suitable mechanic to repair 
ry of state. th e house formerly occupied by the Governor of Illinois, in the city 
Kind of repairs, °f Springfield, to paint the same inside and out, build a new well- 
house, repair the fencing around the lot, and repair the floors, 
plastering, hearths, windows, base, and all other repairs necessary 
to make said house a comfortable and convenient residence for the 
Governor's family. 

Sec. 2. When the work shall have been completed, and received 
by the secretary, he shall certify the amount due the contractor or 
contractors ; upon the presentation of said certificates, the auditor 
Payments, of public accounts shall draw his warrant on the treasurer for the 
amount due said contractors, as certified by the secretary of State 
as aforesaid. 

Approved, February 11, 1847. 



In force, AN ACT to authorize the Governor to pay certain drafts held by Messrs. Lyon and 

Feb'ry 4, 1847. Howard. 

Section 1. Be it enacted by the People of the State of Illinois, 
Duty of Gover-represented in the General Assembly, The Governor is hereby 
nor - directed and required to pay Messrs. Lyon and Howard, in inter- 

nal improvement scrip, bearing interest in the usual form, the 
amount, with interest, of certain drafts drawn by the commissioners 
of internal improvements upon the fund commissioner of the State 
of Illinois for work done on the Illinois river improvement, said 
drafts being numbered, respectively, seven hundred and eighty- 
eight, seven hundred and eighty-nine, seven hundred and ninety, 
seven hundred and ninety-one, seven hundred and ninety-three; the 
payment to be made as soon as said Lyon and Howard shall 
deliver to the Governor the drafts now held by them, duly receipted : 
Proviso. Provided, that the scrip issued for the interest due upon said drafts 

shall not bear interest. 

Approved, February 4, 1847. 



In force A ^ ACT *° authorize the Gnorover to refund certain moneys. 

March 1, 184T. 

Section 1. Be it enacted by the People of the State of Illinois, 
Governor requi- represented in the General Assembly, That the Governor is hereby 
red to issue cer- authorized and required to issue certificates of canal indebtedness to 
tain 3 canal* con- sucn contractors as received portions of one hundred and forty-two 
tractors. State bonds, from the board of commissioners of the Illinois and 

Michigan canal, from which one of the coupons for six months in- 
terest was detached, for the sum of thirty dollars on each bond re- 
ceived as aforesaid, and upon which no allowance has been received. 
Approved, March 1, 1847. 



HISTORICAL SOCIETY. 5 \ 



AN ACT to incorporate the Illinois literary and historical society. In force, 

Fcb'ry 11, 1S47. 

Whereas, the members of a society, instituted at Upper Alton, July, Preamble. 
1843, for the purpose of collecting, preserving, and diffusing in- 
formation, relating to the history of Illinois in particular, and of 
American history generally, have applied for an act of incorpora- 
tion, 

Section 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That Cyrus Edwards, presi- 
dent, Sydney Breese, J. B. Turner, William T. Brown, Jesse B. 
Thomas, J. W. Browning, vice presidents, and Adiel Sherwood, J. 
M. Peck, and M. G. Atwood, secretaries, and such other persons 
as are now, and may, from time to time, become members of said so- 
ciety, be, and they are hereby, declared and constituted a body cor- Officers and 
porate and politic, by the name of "The Illinois literary and historical members incor ' 
society," and by that name shall have perpetual succession, and be General' powers, 
capable to sue and be sued, to plead and be impleaded, answer and 
be answered unto, defend and be defended, in all courts or places 
whatsoever; to have a common seal, and to aller it at pleasure; to 
make a constitution, and such by-laws, not repugnant to the con- 
stitution and laws of this State, or of the United States, as shall from 
time to time be necessary; to annex to the breach thereof such pen- 
alty, by tine or expulsion, as they may deem fit ; and to purchase, 
take, receive, hold, and enjoy, to them and their successors, any 
goods, chatties, lands, tenements, to sell, lease, or dispose of the 
same at pleasure : Provided, that the clear annual income of such Amount of real 
real and personal estate shall not exceed five thousand dollars : */7nci estate ' 
Provided, a/50, that the funds of said corporation shall be used for 
the purposes only, stated in the preamble of this act. 

Sec 2. And be it further enacted by the authority aforesaid, That 
said society shall have power to elect and qualify such officers as officers, 
they may deem necessary, who shall hold their offices according to 
the constitution and by-laws of the society. 

Sec. 3. And be it further enacted by the authority aforesaid, That 
it shall be the duty of the Governor of the State to deliver to the journals, &c, to 
agent of the society, a set of the acts and journals of the present and l,e furnished u>- 
future sessions of the Legislature, and of those passed from the or- seciyo a e * 
ganization of the State, if any spare copies are found in the secreta- 
ry's office, and copies of all other documents that shall be printed by 
its order, and that said society, by its agents, may have access, at all To have free ac " 
reasonable times, to the several public offices of this State, and of Ce 
the corporate towns and cities thereof; and may cause such docu- 
ments as they may judge proper to promote the objects of the society, 
to be searched, and copied, under the direction of the keepers of 
said records, without paying any office fees. 

Sec 4. And be it further enacted, That this act shall be a public Public act. 
act, and shall be construed benignly and favorably, for every bene- 
ficial purpose, and no misnomer of said corporation, in any deed, 
will, devise, gift, grant, or other instrument of conveyance, shall 
vitiate or defeat the same: Provided, the intention of the parties, 
from the instrument itself, can be ascertained. 



52 INSANE HOSPITAL. 

saving clause to Sec 5. And be it further enacted. That should the said society 
college. a f. an y [\ me become extinct, the books, maps, charts, manuscripts, and 

all the property belonging to the same, shall be preserved in the 
custody of the librarian of Shurtliff college, for the benefit of the 
future historian of the State. 
saving clause to Sec b". In case the society, hereby incorporated, shall become 
State * dissolved, all the donations made prior to such dissolution, to said 

society, by the State, shall thereupon revert to, and become the pro- 
perty of, the State. 

Approved, February 11, 1847. 



In force A ^ ACT to establish the Illinois State hospital for the insane. 

March 1, 1S47. 

Section 1. Be it enacted b\< the People of the State of Iilnois, 
represented in the General Assembly, There shall be established, as 
soon after the passage of this act as shall be practicable, at, or 

Name, style and within four miles of, the town of Jacksonville, in the county of 

location. Morgan, in this State, an institution to be styled and known as the 

Illinois State hospital for the insane. 

Persons incor- Sec 2. That Joseph Morton, James Dunlap, John J. Hardin, 

porateci. John Henry, Samuel D. Lockwood, William Thomas, Bezeleel 

Gillett, Nathaniel English, and Owen M. Long, of Morgan county, 
shall constitute a body politic and corporate, by the name and style 
of the " Trustees of the Illinois State hospital for the insane," 
who shall manage and direct the concerns of the institution, and 

By-laws. make all necessary by-laws and regulations for their own governance 

as may not be inconsistant with the laws and constitution of this 
State 5 they shall have power to hold, dispose of, and convey all 
real and personal property conveyed to them by gift, devise, or 
otherwise, for the use of the institution ; they shall serve without 

Compensation, compensation, and shall serve as follows, to be determined among 
thein by lot, viz : Three of them shall serve for one year, three for 
two years, and three for three years, from the passage of this act, 
and until their successors are appointed and qualified ; and at the 
expiration of the respective terms of office, the vacancies shall be 

Appointmen.s. filled by appointments for three years, to be made by the Govt '-nor 
of the State. Should any vacancy occur, by death, resignation, or 
otherwise," such vacancy shall be filled by the Governor by an ap- 
pointment for the unexpired term of the trustee whose plact was 
thus vacated. The said trustees shall have charge of the general 

Superintendent, interest of the institution; they shall appoint the superintendent, 

Assistant. assistant physician, and steward, and fix the amount of their salaries. 

Physician. The superintendent shall beaskillful physician, and shall be appoint- 
ed for a term of two years, during which time his salary shall nut be 
reduced ; he shall be subject to removal only for infidelity t i the 
trust reposed in him, or incompetency to the discharge theree ; he 
shall be a married man, and with his family reside in the i:: tu- 
tion. The trustees, by and with the advice and consent of the 
• Governor, shall make such by-laws for the government of the in- 
stitution as shall be necessary. They shall appoint a treasurer, 



INSANE HOSPITAL. 53 

who shall give bond to the Governor and his successors in office, By-laws, 
for the use of the people of the Slate of Illinois, for the faithful Treas,urcr - 
discharge of the duties of his office : they shall determine his com- . , . 
pensation for services, also the salaries of such other officers and as- 
sistants as may be necessary to the able and economical administra- 
tion of the affairs of the institution. 

Sec 3. The said trustees are authorized to purchase or obtain, 
by tyrant or otherwise, not exceeding three hundred acres of land, Land ' 
situated as aforesaid, which said tract of land shall have a never- 
failing supply of water on the premises, and be conveniently situa- 
ted for necessary supplies of fuel. For the purpose of securing 
said land, if necessary, as also for the purpose of erecting and 
constructing the hereinafter described buildings, and meeting such Buildings. 
expenditures as may be incidental to the erection and completion of 
the said hospital and appurtenances, there is hereby appropriated 
the proceeds of a tax on all the taxable property in this Stale, oJ Tax. 
the one fifth of a mill on the dollar's worth of such taxable proper- 
ty ; which said tax shall be continued for three years, and shall , in 
addition to the taxes now provided by law, be levied as other taxes 
are now raised and paid into the treasury, to be disbursed as here- 
inafter provided. 

Sec. 4. At any time after the said site shall have been secured, 
not exceeding three months, the said trustees shall contract for the shall contract 
erection of the necessary buildings and out-houses, and the im_ for buildings, 
provement of the ground appertainingthereto, on the most improved 
plans, having reference to commendable prudence : Provided, that Desciiption of 
the hospital building shall be constructed in the most approved Ulkl " ! =' s- 
manner, of brick or unhewn stone, the partition walls to be brick, 
and to contain flues for heating, ventilators, and also water pipes; 
the roof to be fire proof. 

Sec 5. The said trustees, on or before the first day of the Report t^Lcgis- 
meeting of the General Assembly of this Stale, at every session lature - 
thereof, [shall] lay before each branch of the same, an exact account of 
all the contracts, expenditures and liabilities which they shall have 
incurred or authorized in the execution of their duties, with vouchers 
for the same ; and in case of their failure to do so, their authority 
to issue on the State treasury to cease ; and the trustees shall so 
construct and complete the said buildings, out-houses, and improve- 
ments, as the same may accommodate two hundred and fifty patients 
and the necessary attendants ; and the whole cost of so doing shall 
not exceed sixty thousand dollars. 

Sec 6. The said trustees shall, before entering upon the duties Bond. 
of their office, give bonds, with such security as may [be] required 
by the Governor, for the faithful and proper application of the funds 
placed in their hands, and performance of their duties. 

Sec 7. The treasurer of the State is hereby directed to receive Treas ,,. of sta(e . 
from the collectors of the several counties in this State, the moneys 
arising from the tax levied by this act, and to keep secure the same 
as a separate fund, to be styled and known as "the fund for the 
insane," and shall therefrom pay out to the said trustees, on the 
warrant of the Governor, such sums of money as they may require 
for buildings and improvements contemplated "by this" act. not ex- 
ceeding the amount of said fund, at such times as the same may be' 
required ; and the said Governor and treasurer shall make reports 



54 INSANE HOSPITAL. 

Governor and f their transactions, in connection with the said disbursments, at 

port! their so reporting : Provided, that the money constituting the said 

fund shall, under no circumstances, be applied to any other pur- 
pose than those now herein provided for. 

Power of Super- Sec 8. The superintendent shall appoint and exercise entire 

intendent. control over all subordinate officers and assistants in this institution, 
and shall have entire direction of the duties of the same. 

To take and Sec. 9. The said trustees and their successors in office shall 

hold lands, &.c.,}j ave p 0vver to take and hold In trust, for the use and benefit of the 
institution, any grant or devise of lands, and any donation or be- 
quest of money or other personal property, to be applied to the 
maintenance of insane persons in or to the ordinary purposes of 
the institution. 

Admission of Sec. 10. The admission of insane patients from the several 

mmates. counties of this State shall be in proportion to the population of the 

same : Provided^ that each county shall be entitled to send at least 
one insane patient. 

indigent per- Sec. 11. Indigent persons and paupers shall be charged for 
medical attendance, board and nursing, while inmates of this insti- 
tution, no more than the actual cost attending the same. Paying 
patients, not chargeable to the counties, shall pay such sum or sums, 
for the privileges of the institution, as shall be determined upon by 
the trustees. 

insane paupers. Sec 12. The county commissioners' courts of the several 
counties of this State shall have authority to send to this institution 
such insane paupers in their county, as they may deem proper sub- 
jects ; and on so doing, shall provide, in advance, the costs and 
charges attending the treatment of such insane pauper, to be paid 
to the proper officer of the institution. 

Power of courts. Sec 13. The courts of this State shall have power to commit to 
this institution any person who, having been arraigned upon a charge 
of any capital or felonious offence, has been found by the jury to have 
been and to be insane at the time of such arraignment; the expenses of 

insane persons, such person so committed, if in indigent circumstances, shall be 
paid by the county in which he or she may have resided at the time 
of the commission of the alleged offence , it shall be the duty of the 
court, however, in all cases, to ascertain the condition of such per- 
son, and the nature and intent of his or her property, if he or she 
have any, and certify the same to the trustees of the institution $ 

Mode of paym't. ailf j if such person have no property, then certify to the said trus- 
tees the name of the county in which such person resided at the 
time of the commission of the offence charged. In all case's where 
such person shall be possessed of property, real or personal, in his 
or her own right, and the same is certified to the trustees as herein 

Lien upon prop- provided, a lien is hereby declared to exist on all such property in 

"'y* favor of said trustees from the time of the arrest of such person, or, 

if not arrested before indictment found, then from the date of the 
finding of such indictment, to the extent of the regular charges of 
the institution, for the care and attention bestowed on such person. 

County comm'rs Sec. 14. If the county commissioners of any county, or the 
person to whom any patient sent to this institution is chargeable, 
shall neglect or refuse, upon demand made, to pay to the trustees 
the expenses, ordinary and extraordinary, of such patient, the 



JAILS AND JAILORS. 55 

trustees are authorized and empowered to collect the same by pro- 
ceedings in any court of competent jurisdiction. 

Sec. 15. If any person shall apply to the circuit court of any Application to 
county in this State for the commitment to this institution of any Clrcuit court - 
insane person within the jurisdiction of the same, it shall be the 
duty of such court to inquire into the fact of insanity as is now 
provided by law, and if such court shall be satisfied that such per- 
son is, by reason of his or her insanity, unsafe to be at large, or is 
suffering from unkindness, cruelty, hardship, or exposure, it shall 
thereupon commit such insane person to this institution, making 
inquiry as to his or her property, and certifying as hereinbefore 
provided, the expenses of such person, to be defrayed precisely as 
is pointed out in the thirteenth section of this act. 

Sec 16. In admitting patients into this institution, the indigent indigent insane 
insane in this State shall always have precedence 5 and while the t0 nave P re ' er - 
provisions of the institution are not sufficient to meet all applica- 
tions for admission, recent cases shall have preference over those 
of chronic character. 

Sec 17. The Governor, justices of the supreme court, andEx-offlcio visit- 
members of the legislature, shall be ex-officio visitors of the insti- ors ' 
tution. 

Sec 18. This act shall take effect and be in force from and after 
its passage. 

Appkoved, March 1, 1847. 



AN ACT to amend the law in relation to jails and jailors. WW* j n force, 

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

represented in the General Assembly, That it shall be the duty of the 
several sheriffs and jailors in the several counties in this State, to sherifl'to furnish 
furnish, for the use of the jails of their respective counties, a suffi- blankets, &c 
ciency of good blankets and bedding, for the comfortable lodging of 
all persons that may, from time to time, be confined therein ; and 
it shall also be the duty of said sheriffs or jailors to keep their jails 
clean, and in such order and condition as will not endanger the 
health of persons that may be confined therein. 

Sec 2. It shall be the duty of the county commissioners' courts Comm'rs court 
of the several counties in this State, to make such an allowance, 10 make aiiow- 
from time time, out of the county treasury, as shall be just and 
right, for the articles required to be furnished, as is provided for in 
the first section of this act. 

Sec 3. Any sheriff or jailor who shall fail or refuse to comply penalty, 
with the provisions of the first section of this act, shall be liable to 
indictment, and, upon conviction thereof, be fined in any sum not 
exceeding fifty dollars, before any court having jurisdiction cf the 
same. 

Sec 4. So much of the existing laws as allow sheriffs or J a il-R erje ar i 
ors thirty seven and a half cents per day for dieting prisoners, be, 
and the same is hereby, repealed ; and hereafter the county com- 
missioners' courts, of the several counties in this State, shall make Compensation 
such an allowance therefor, not to exceed thirty seven cents per day, t0 Jailor. 
as they shall deem just and proper. 

Appkoved, February 28, 1847. 



5g JUSTICES OF THE PEACE— LOTTERIES. 



In force, AN ACT to provide for recording transcripts of judgments of justices of the peace. 

June 1, 1847. 

Section 1. Be it enacted by the People of the State of Illinois 7 
represented in the General Assembly, That the clerk of the circuit 
court of each county in the State, shall procure a well bound book, 
Justices' tran- * n which to record the transcripts of judgments of justices of the 
scripts to be re-peace, filed in his office for the purpose of obtaining executions to 
be levied on real estate ; and all such transcripts shall be recorded 
at length, in said book, before any execution is issued thereon. 

Sec 2. Transcripts of judgments of justices of the peace, here- 
tofore filed with clerks of the circuit court, for the purposes men- 
tioned in the foregoing section, shall be recorded in said book, at 
the request and cost of any party or person intrusted, [interested] 
Fees - either in the judgment or proceedings had under the same. The lee 

for recording transcripts hereafter hied, shall be changed [charged] 
against the plaintiff or person riling the same, and taxed in the bill 
of costs against the defendant, 
what transcript Sec 3. Transcripts hereafter filed shall contain a copy of the 
shall contain, original and each subsequent summons or process issued by the 
justice of the peace, the return of the officer or officers thereon, 
the judgment and the execution or executions issued thereon, with 
the return of the officer or officers upon the same; and no execu- 
tion shall hereafter be issued upon a transcript, unless the same be 
made conformable to this act. 

Sec 4. Every transcript desired to be used for the purposes 
mentioned in this act, shall be certified by the justice of the peace 
making the same, to be truly copied from the files and books of his , 
office. This act to take effect on the first day of June next. 
Approved, February 27, 1847. 



In force, AN ACT in relation to lotteries, and to prohibit the vending and selling of lotJery 

May 1, 1847. tickets. 

Section 1. Be it enacted by the People of the State of Illinois , 
represented in the General Assembly, That all laws or parts of laws 
Repeai'g clause. establishing any lottery, or lotteries, in this State, for any purpose 
whatever, be, and the same are hereby, repealed. 

Sec. 2. All laws or parts of laws authorizing the selling or ven- 
ding of lottery tickets, are hereby repealed. 
Penalty for keep- Sec 3. If any person or persons shall hereafter keep an office, 
mg lottery office. r oorrii or p] ace? f or the sale or other disposition of lottery tickets in 
this State, he or they snail be liable to indictment ; and on con- 
viction for such offence, shall be fined in a sum not less than one 
hundred dollars, nor more than five hundred dollars,. with costs of 
prosecution. 
Penalty for vend- Sec 4. If any person shall vend, sell, or otherwise dispose of 
in S' any lottery ticket in this State, he, she, or they, shall be liable to in- 

dictment, and on conviction thereof fined in a sum not less than one 
hundred dollars, nor more than five hundred dollars, and shall stand 
convicted until the fine and costs are paid. 

Sec 5. This act shall take effect on the first day of May next. 
Approved, February 26, 1847. 



MARRIAGE— MILLS AND MILLERS— NAMES. 57 



AN ACT to amend the law in relation to marriages. In force, 

Feb'ry 16, 1847. 

Whereas, under the provisions of (he law regulating the mode of 
celebrating the rites of matrimony, and designating the persons 
who may so solemnize those rites, doubts are entertained as to the 
right of ministers of the gospel to officiate in the premises, unless 
they have authority conferred upon them by seme express action 
of the society or church to which they belong, therefore, 
Be it enacted by the People of the State of Illinois, represented in the 
General Aseembly, That all marriages heretofore, as well as those 
which may hereafter be, solemnized by acting ministers of the gos- Ministers may 
pel, in regular standing with the church or society to which they s ! ;,lemmze mar " 
belong, shall be deemed and held to be lawful, and the issue of such 
marriages shall be deemed legitimate : Provided, that this act shall 
not operate upon any marriage or issue, when such marriage was, 
or may be, consummated contrary to the laws of the land, for any 
other cause than that mentioned and provided for herein.- 
Approved, February 16, 1847. 



AN ACT to amend the act entitled mills and millers. In force, 

Feb'ry 26, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, re- 
presented in the General Assembly, That the provisions contained in Privileges ex- 
the first nine sections of the said act, entitled mills and millers, tended - 
which provide for and regulate the erection of mill dams, be, and 
they are hereby, extended to the management and erection of dams 
on streams for other machinery, as well as for mills ; and said nine 
sections shall be extended to the erection of dams for any and all 
kinds of machinery, in the same manner as the said original act ap- 
plies to the erection of mill dams. This act to take effect and be in 
force from and after its passage. 

Approved, February 26, 1847. 



AN ACT in relation to the change of names. In force, 

Feb'ry 25, 1847. 

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

represnded in the General Assembly, That any resident of this 

State, by application to the circuit court of the county where he or circuit c't have 

she resides, may, if no cause appear to the contrary, by order fPower to change 

. . . . ' 1 i i. V name, 

said circuit court, change his or her name. 

Sec 2. Before making said application, the applicant shall give six weeks' no- 
notice, at least six weeks previous to the time of making such ap- tic ein state pa- 
plication, in the State paper, for four consecutive weeks; which ^\veeks. SeCU " 
notice shall be signed by the applicant, and specify the name he de- New name to be 



58 ORPHANS AND MINORS. 

stated in notice, sires to assume, and the term of the proper circuit court at which 

he or she will make such application. 

Act to apply to S EC> 3. This act shall apply to cases where the applicant is a 
minors. • n < i 1, 

minor, as well as to adults. 

Approved, February 25, 1847. 



In force, AN ACT to protect the interests of orphans and minors, and for other purposes. 

Feb'ry 16, 1847. 

Section 1. Be it enacted by the People of the State of Elinois, rep- 
resented in the General Assembly, That each and every guardian, 
who may be appointed by any probate justice of the peace by au- 
thority of the laws of this State, or by authority of any last will and 
testament, are hereby required, on final settlement before the probate 
justice of the peace, or other tribunal, before whom guardians may be 
To exhibit acc't, bound to settle by law, to exhibit their account against their ward, 
under oath. under oath, which oath maj be in substance as follows, to wit : I, 
A. B., do solemnly swear, (or affirm, as the case may be,) that the 
.account I have this day rendered, contains a just and true account 
of the moneys which I have expended for C. D., a minor, for whom 
I am guardian, and also all claims which I have against said minor ; 
To be filed. which said oath or affirmation shall be reduced to writing, and filed 
in the office of the probate justice of the peace ; said account shall 
Contents ofac-also contain and set forth specifically, in separate items, on what 
co account expenditures were made by such guardian; and no account 

shall be received by any probate justice of the peace, unless the 
provisions of this act have been substantially complied with. 
Application. Sec. 2. This act, and all the provisions of the same, shall apply 

as well to guardians who may have been heretofore appointed, as 
to those who may hereafter be appointed by law. 

Sec 3. This act shall take effect and be in force from and after 
its passage. 

Approved, February 16, 1847. 



In force, AN ACT to amend the law in relation to the securities of guardians. 1 

Peb'ry 19, 1S47. 

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

be C reiea L sed. may represented in the General Jlssembly, That hereafter, whenever the 

security or securities of any guardian, in this State, may conceive 

themselves in danger of suffering by the mismanagement of such 

guardian, and shall petition the court of probate having jurisdiction 

of the matters involved, for relief, in writing, setting forth the cause 

Duty of probate of such apprehension, the said court shall examine such petition, 

court. and jf the court shall deem the causes therein stated and set forth, 

sufficient to entitle such petition or petitions to relief, if true, he 

shall summon such guardian to show cause against such petition, 

and shall thereupon proceed in all respects, as courts of probate 






PUBLIC PROPERTY. 



59 



are required to proceed in regard to executors and administrators,- 
by the seventy-ninth section of the chapter of the revised statutes, 
in regard to wills, approved, March the third, one thousand eight 
hundred and forty-five ; and revoke such guardian's letters of guar- 
dianship, or release such security or securities, and require others 
to be given, or to dismiss such petition and application, as to said 
court may seem right: Provided, the party aggrieved may have an 
appeal as in other cases. 

Approved, February 19, 1847. 



AN ACT to provide for the sale of property in White county. In force, 

Feb'ry 27, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Governor shall appoint Carmi mills to 
a commissioner to sell, according to the terms of this act, the eigh- be sold " 
teen acres and twenty-three one hundreths of an acre of land in 
White county, which was bought by the State of C. J. Weed, on 
the first of August eighteen hundred and thirty-nine, known as the 
Carmi mill property, with all the privileges and appurtenances there- 
unto belonging. Also, the twenty-seven acres and three one hundreths N. Haven mills 
of an acre of land, with all the privileges and appurtenances thereunto ° e s0 
belonging, which was bought by the State of E. H. Gatewood, A. 
Kirkpatrick, and M. M. Rawlings, on the third of August eighteen 
hundred and thirty-nine, known as the New Haven mill property. 

Sec 2. It shall be the duty of the auditor, within thirty days Notice of sale, 
after the passage of this act, to cause notice to be given, by publica- 
tion in the two public newspapers at the seat of government, and 
such other papers, in and out of the State as he may deem advisa- 
ble, that the aforesaid property will be offered for sale at Carmi, on 
some day in said notices to be named, not less than three months 
after the date of said advertisement, and also of terms of sale. 

Sec. 3. The aforesaid property shall, on the day mentioned in sold at auction, 
said advertisement, be sold by the said commissioner at public auc- 
tion, in separate parcels, to the highest and best bidder, on a credit 
of one, two, and three years, the purchasers giving bond and secu- 
rity, and a mortgage on the premises, for the payment of the amount p a y. 
bid, in three equal annual instalments, in State indebtedness. 

Sec. 4. The right conveyed to the purchaser or purchasers by the Limitations and 
said sale, shall be subject to the following limitations and restrictions : restrictions. 
No dam shall be erected on the " Carmi mill property " of a greater 
height than twelve feet, or on the " New Haven mill property " of 
a greater height than seven feet, through which good and sufficient 
locks shall be constructed and made, one hundred feet long and 
twenty feet wide, to admit of the safe passage of all boats ascending 
or descending the Little Wabash river ; and said locks shall at all 
limes be kept in s^ood repair; and said purchaser or purchsers, or their 
assigns, shall open the same for the speedy passage of all boats or 
crafts upon application being made, free of any charge whatever $ 
and upon a failure to comply with the foregoing provisions contain- 
ed in this act, the purchaser or purchasers, or their assigns, shall be 



60 PARTNERSHIPS. 

Penalty. liable for all damages that may be sustained, by reason of such 

omission or neglect, to be recovered before any court having compe 
tent jurisdiction. 

Approved, February 27, 1847. 



AN ACT in relation to limited partnerships. 
In Jforce, 

Feb'ry'23, 1847. Section 1. Be it enacted bi/ the People of the State of Illinois, rep- 
resented in the General Jlssembhj, That hereafter it shall be lawful to 
Limited partner- form limited partnerships within this State, according, to the provis- 
shl P s> ions of this act. 

Sec. 2. Limited partnerships may consist of one or more per- 
Of whom com- sons 5 wno sna ll be called general partners, and who shall be jointly 
posed. and severally responsible, as general partners now are by law; and 

of one or more persons who shall contribute a speciiic amount of 
capital in cash, or other property at cash value, to the common stock, 
who shall be special partners, and who shall not be liable for the 
debts of the partnership beyond the amount of the fund so contrib- 
uted by them respectively to the capital stock, except as hereinafter 
provided, 
who may trans- Sec. 3. The general partners only shall be authorized to trans- 
act business. ac t business, to sign for the partnership, and to bind the same. 
Certificate; con- Sec. 4. The persons desirous of forming such partnership, shall 
tents thereof, make and severally sign a certificate, which shall contain : 

First. The name or firm under which the partnership is to be 
conducted. 

Second. The general nature of the business to be transacted. 
Third. The names of the general and special partners therein, 
distinguishing which are general and which are special partners, 
and their respective places of residence. 

Fourth. The amount of capital stock which each special partner 
shall have contributed to the common stock ; and 

Fifth. The period at which the partnership is to commence, and 
the period when it will terminate, 
shall be acknow- Sec 5. Such certificate shall be acknowledged by the several 
ledged. persons signing the same, before some officer authorized by law 

to take the acknowledgment of deeds ; and such pcknowledgement 
shall be made and certified in the manner provided by law for 
the acknowledgment of deeds for the conveyance of land, 
shall be filed. Sec 6. The certificate so acknowledged and certified, shall be 

filed in the office of the clerk of the county in which the principal 
place of business shall be situated, and shall be recorded at large by 
the clerk in a book to be kept by him ; and such book shall be sub- 
ject, at all reasonable hours, to the inspection of all persons who 
may choose to inspect the same. If the partnership shall have 
Transcript. places of business situated in different-counties, a transcript of such 
certificate, and of the acknowledgment thereof, duly certified by 
the clerk in whose office it shall have been filed under his official 
seal, shall be filed and recorded, in like manner, in the office of the 
clerk of every such county ; and the books containing such records 
inspections. shall be subject to inspection, in the manner above directed. 



PARTNERSHIPS. 



61 



Sec. 7. At the time of filing the original certificate, as before 
directed, an affidavit of one or more of the general partners shall Affidavit. 
also be filed in the same office, stating that the amount in money, or 
other property at cash value, specified in the certificate to have 
been contributed by each of the special partners to the common 
stock, has been, actually and in good faith, contributed and applied to 
the same. 

Sec 8. No such partnership shall be deemed to have been when formed, 
formed until such certificate, acknowledgment and affidavit shall have 
been filed as above directed ; and if any false statement shall be 
made in such certificate or affidavit, all the persons interested in 
such partnership shall be liable for all the engagements thereof as 
general partners. 

Sec 9. The partners shall publish the terms of partnership, Terms of, to be 
when recorded, for at least six weeks, immediately after recording P uWlshed - 
the same, in some newspaper, to be designated by the clerk with 
whom such records shall be made ; such newspaper to be one printed 
in the county in which the business is to be carried on, or in the 
county nearest thereto in which a newspaper shall be published ; and 
if such publication be not made, the partnership shall be deemed 
general. 

Sec 10. Affidavits of publication of such notices by the printers Printer to file af- 
of the newspaper in which the same has been published, may be nciavit of notlce * 
filed with the clerk directing the same, and shall be evidence of the 
fact therein contained. 

Sec 11. Upon the renewal or continuance of a limited part- Renewal, 
nership beyond the time for which it was first created, a certificate 
shall be made, acknowledged, recorded, and published, in like man- 
ner as is provided in this act for the formation of limited partner- 
ships ; and the affidavit of one or more of the general partners, as 
above provided, shall also be filed with the proper county clerk, 
as aforesaid ; and every such partnership which shall not be re- 
newed or continued, in conformity with the provisions of this sec- 
tion, shall be deemed a general partnership. 

Sec 12. The business of the partnership shall be conducted Form, 
under a firm, in which the names of the general partners only shall 
be inserted, without the addition of the word "Company," or any 
other general term ; and the general partners only shall transact the 
business ; and if the name of any special partner shall be used in the 
said firm, with his consent or privity, or if he shall personally make 
any contract, respecting the concerns of the partnership, with any 
persons except the general partners, he shall be deemed and treated 
as a general partner. 

Sec. 13. During the continuance of the partnership under the Restrictions up- 
provisions of this chapter [act,] no part of the capital stock shall be on P aitneis - 
withdrawn, nor any division of interest or profit be made, so as to re- 
duce such capital stock below the sum stated ir, the certificate above 
mentioned; but in case it should subsequently appear that such re- 
ceiving of interest was a withdrawing of original capital, the special 
partner or partners shall be bound to refund the same with lawful 
interest. 

Sec 14. That it shall not be lawful for any such partnership, Further restric- 
nor any members thereof, in contemplation of bankruptcy or insol-tions. 
vency, and with the intention and for the purpose of paying or se- 



t>2 



r«.Ai> i iun. 



Suits ; how pro 

secuted. 



When dissolu- 
tion may take 
place. 



Account. 



Prohibition. 



Clerk's fee. 



curing any one or more of their or his creditors in preference to 
any other of their or his creditors, to make any sale, conveyance, 
gift, transfer or assignment of their or his properly or effects, or 
to confess any judgment, or to create any lien whatsoever, upon 
their or his property or effects ; and every such conveyance, gift, 
transfer, or assignment, involving such judgment or other lien, shall 
he, and the same is hereby, declared to be utterly void. 

Sec 15. All suits respecting the business of such partnership, 
shall be prosecuted by and against the general partners only, ex- 
cept in those cases in which provision is made in this chapter, [act,] 
that the special partnership may be deemed general partnership ; in 
whiah cases all the partners deemed general partners may join or 
be joined in such suit ; and excepting, also, those cases where spe- 
cial partners shall be held severally responsible, on account of any 
sum by them received or withdrawn from the common stock as above 
provided. 

Sec 16. No dissolution of a limited partnership shall take 
place, except by operation of law, before the time specified in the 
certificate before mentioned, unless a notice of such dissolution shall 
be recorded in the registry in which such certificate was recorded, 
and in every other registry where a copy of such certificate was 
recorded, and unless such notice shall also be published six weeks 
successively, in some newspaper printed in the county where the 
certificate of the formation of such partnership was recorded; and if 
no newspaper shall, at the time of such dissolution, be printed in 
such county, then the said notice of such dissolution shall be pub- 
lished in some newspaper printed in an adjoining county, or at the 
seat of government. 

Sec 17. That the general partners in every such partnership 
shall be liable to account to the special partners, and to each other, 
for the management of the joint concern, according to the law of 
partnership as now subsisting. 

Sec 18. That in case of bankruptcy or insolvency of the part- 
nership, no special partner shall be considered or allowed to claim 
as a creditor under any circumstance. 

Sec 19. For performing the duties required of him by this act, 
the clerk shall be entitled to demand and have one dollar for each 
registry. 

Approved, February 23, 1847. 



. AN ACT concerning practice. 

March 1, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
Replevin bon&s.represented in the General Assembly, That in all actions upon re- 
plevin bonds, where the merits of the case have not been determined 
in the trial of the action of replevin in which the bond was given, 
the defendant may plead the above facts, and also his or her title to 
the property in dispute in the said action of replevin. 

Sec 2. This section shall be in force from and after its passage. 

Approved, March 1, 1847. 



FKACTILK— fKUBAlK J USTltiSS. Fj^J- 



AN ACT to amend the practice act. In force, 

Febry. 25, 1847. 

Section 1. Be it enacted by the People of the State of Iillnois, 
represented in the General Assembly, That hereafter no judge obstructions to 
the circuit court shall instruct the petit jury, in any case, civil or bemwntin s- 
criminal, unless such instructions are reduced to writing. 

Sec. 2. And when instructions are asked which the judge can- Duty of judge. 
not give, he shall, on the margin thereof, write the word "refused;" 
and such as he approves he shall write, on the margin thereof, the 
word "given ;" and he shall in no case, after instructions are given, 
orally qualify, modify, or in any manner explain the same to the 

j" ur y- . . . ■ „ 

Sec 3. And such instructions, so given, shall be taken by the Jury shall return 
jury in their retirement, and returned by them, with their verdict, instructions. 
into court. 

Sec 4. That an act to regulate the salaries of justices of the Judges' salary 
supreme court hereafter to be elected, approved February the mcreased ' 
twelfth, eighteen hundred and forty-five, and so much of the forty- 
first chapter of the revised statutes as provides that the justices of 
of the supreme court elected or appointed subsequently to Febru- 
ary the twelfth, one thousand eight hundred and forty-five, shall each 
receive one thousand dollars, approved March the third, one thous- 
and eight hundred and forty-five, be, and the same are hereby, re- 
pealed ; and the twenty-sixth section of chapter twenty-nine of the 
revised statutes, approved March the third, one thousand eight 
hundred and forty-five, be, and the same is hereby, revived, from 
and after the first of January, one thousand eight hundred and forty- 
seven. 

Approved, February 25, 1847. 



AN ACT further to define the duties of probate justices. In force, 

Febry. 19, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That when any executor or Notice to admin- 
administrator may have [removed] or shall remove without the limits lstrators ' &c > 
of this State, it shall be the duty of the probate justice of the proper Duty of court, 
county, upon affidavit being filed of such removal by any person in- 
terested in the estate in the hands of such executor or administrator, 
to cause a notice to be published in some newspaper in the county 
where letters testamentary or of administration may have been 
granted, for four weeks successively, and if no newspaper is pub- 
lished in said county, then by posting up a notice at the court house 
door, setting forth that said affidavit has been filed, and notifying 
the said executor or administrator to appear before him within thirty 
days after the date of said notice, and make a settlement of his 
accounts as now required by law; and in case said executor or ad- 
ministrator shall neglect or refuse to make said settlement as afore- 
said, it shall be the duty of said probate justice to remove said Admin'r may be 
executor or administrator from office, and to supply the vacancy as remove<1, 
now directed by law in other cases. 

Approved, February 19, 1847. 



64 PROBATE JUSTICES— PENITENTIARY. 



In force, AN ACT re latincr to the qualification of certain officers therein named; 

Feb'ry 11, 1847. 

Sectiox 1. Be it enacted by the People of the State of Illinois, 
Oath administer- represented in the General Assembly, That whenever any clerk of 
Justice &°. ^ G ^ ne coun ty commissioners' court has been, or may hereafter be, 
elected to the office of probate justice or justice of the peace, in any 
county in this State, and shall have taken or shall take the oath of 
office before any officer duly authorized and qualified to administer 
oaths in the county for which said officer shall have been or shall 
be chosen, the said oaih having been or being administered and cer- 
tified as is provided where the same is administered by the clerk 
of the county commissioners' court to any other person, then, and 
in that case, such probate justice or justice of the peace shall be 
deemed, and is hereby declared, to have been and to be duly and 
fully qualified for the legal discharge of the duties and powers of 
the said offices. 

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

Approved, February 11, 1847. 



In force, AN ACTconcerning the penitentiary. 

Febry. 20, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
Additional cells represented in the General Assembly, That it shall be the duty of the 
and improve- inspectors of the penitentiary of this State, to proceed, as soon as 
practicable, to the election [erection] and completion of ninety-six 
additional cells in said penitentiary, of the same dimensions and 
structure of those already in use, and complete the fourteen cells 
now in an unfinished state, except that they make such alterations 
as to the ventilation and admission of light therein, as they may deem 
necessary, consistent with the safe keeping of the prisoners. They 
shall also, in the same manner, cause to be erected an additional 
story to the house already occupied by the warden as a dwelling 
house, which, when suitably completed, shall be used and appropri- 
ated for a hospital l'or said prisoners ; also a warden's house in the 
niche at the southwest angle of the area of the outer wall of said 
penitentiary, to be three stories high, and about forty-four leet by 
thirty-six feet in dimensions, to be built of either brick or stone, as 
said inspectors may determine ; also a cooper shop, one hundred 
feet in length by fifty feet in width, to be erected at a suitable dis- 
tance from the outer walls, and of such materials as said inspectors 
shall deem most suitable ; also a cistern of suitable dimensions to 
afford a bathing place for the said convicts, and the supply of water 
l'or the extinguishment of fires and other necessary purposes about 
said prison ; also a kitchen of suitable size and structure adjoining 
the dining room, for the use of said convicts ; also a smith shop and 
wagon maker shop, of such dimensions and materials as are suita- 
Sewer. ble therefor. Said inspectors shall also cause to be erected and kept 



PENITENTIARY. (35 

open, a common sewer for carrying- off the water and filth within 

the said prison, unless in their judgment they can provide some 

other convenient mode of accomplishing said object, in which case 

they may adopt such mode in lieu of said sewers. They shall also 

cause the whole of the area of said prison requiring the same, to be Area to bo mac- 

suitably McAdainized or paved as they shall deem best. The S aid adamizea * 

inspectors shall also have the authority to cause such supports and 

additions as they may deem most advisable for the preservation and 

security of the walls around said prison, to be erected. 

Sec 2. The said inspectors shall proceed in the execution of How to proceed. 
said works in such a manner, as to have those first completed which 
may be most needed, keeping in view the necessity of having the 
hospital in a state of readiness for the approaching sickly season ; 
and also the accrual of the bonus due and to become due. by the 
lessee of said prison to the State, out of which the expenses for the 
improvements contemplated in the preceding section are to be paid : 
Provided, that the expenditures herein authorized shall in no event What sum. 
exceed the bonus due and to become clue the State from the present 
lessee. 

Sec. 3. The said inspectors shall contract on the best terms they Conlract - 
can, for the erection and completion of the works set forth in the first 
section of this act, and in so doing shall require the contract to be 
reduced to writing, in which shall be stated particularly the time 
and manner in which the same shall be completed, and that it shall 
be finished in a substantial and workman like manner ; and in case 
the work should be let to any other person than the lessee of said 
penitentiary, bond and security shall be required for its faithful 
performance, according to the terms of the contract. 

Sec 4. The lessee of said penitentiary may also contract for Works to be es- 
said work, and in case it is adjudged to him b)< said inspectors, the timated ' 
work shall be estimated by three mechanics, one to be chosen by 
said lessee, the other by said inspectors, and they two shall choose 
a third, by whom the value of the work shall be estimated under 
oath; and the said inspectors shall have the right to elect whether 
they will pay for said work according to the contract with said les- 
see, or the estimation thereof; and the lessee shall have the right 
to employ any of the convicts in said prison in the construction of 
said work; and the said inspectors may give to said lessee, certificates 
stating the value of the work done by said lessee, according to their 
judgment, as the said work progresses, which he may file with the 
treasurer of State, which shall be considered as so much money paid 
by said lessee into the State treasury ; but which shall not be deem- 
ed final and conclusive between the parties, but shall abide the 
election of the sai 1 inspectors as to the choice of payment. 

Sec 5. Should the contract authorized to be made by this act 
not be taken by the lessee, the persons who may do the work, shall 
receive from the inspectors, certificates of the amount of work done 
from time to time, and which certificates shall be paid by the lessee 
out of the bonus due to the State, and which certificate when re- 
turned to the treasurer shall be in full lor the bonus due to the 
Stiit e, so far as said certificate may go. 

Sec. (5. The said warden shall not place convicts for slight of- 
fences in the same cell with those guilty of enormous crimes. 



66 



PENITENTIARY. 



Seats and tables 



Records. 



Physician's re- 
port. 



Money, clothing, 
&c. 



Divine service. 



Chaplain's pay. 



Compensation. 



City powers. 



Am't allowed. 



Acc'tof money. 



Sec. 7. The convicts in said penitentiary shall be provided with 
comfortable seats at tables ranged crosswise of the said dining room, 
for their accommodation while at meals and during divine service. 

Sec. 8. The said warden shall be required to have and preserve 
a record of the convicts received hereafter, their names and descrip- 
tion, the counties from whence sent, the crimes for which ihey were 
convicted, the term of time for which they were sentenced, the 
country and State in which they were born, and the nature and de- 
gree of their education, together with such other information as he 
shall deem necessary, and he shall report the same to each session of 
the Legislature ; he shall also keep a journal of the number of the 
violations of the regulations of said prison, and the nature and ex- 
tent of the punishment therefor, an abstract of which shall be re- 
ported at the same time. 

Sec 9. 'J he physician in attendance upon said prison shall be 
required to report to the warden, who shall report to the Legisla- 
ture at each session, a list of the names and ages of those who may 
die, with the nature and description of the disease, together with 
such other information as he may deem important. 

Sec 10. The said warden, under the direction of the inspec- 
tors, shall allow to each person upon the expiration of his term of 
service, either by pardon or lapse of time, such sum of money as 
may be deemed suited to his wants, and also a comfortable suit of 
citizen's clothes suited to his condition, if the said person have not 
such clothes of his own. 

Sec 11. The said inspectors shall procure some suitable person 
to perform divine service every Sabbath day, at least once, for the 
benefit of said convicts, for which they shall allow the sum of five 
dollars per week; and [in] case of sickness of any convict, upon 
his request to that effect, any clergyman or other religious person 
of any denomination designated by him, shall be procured, if possible, 
to administer such spiritual consolation as such convict may need. 

Sec 12. The inspectors shall give a certificate to said person 
officiating as chaplain of said prison, slating the amount due to him, 
which shall be paid by the warden and deducted out of his bonus. 

Sec 13. The inspectors shall allow to the persons selected to 
appraise the work done pursuant to the provisions of this act, such 
compensation as they may deem suitable, which shall be paid out of 
any funds belonging to said penitentiary, or by the said warden, and 
their receipt shall be allowed him as a credit in his settlement with 
the State. 

Sec 14. The city of Alton shall not have any control over the 
penitentiary lauding, except for police regulations and wharfage 
purposes, and for keeping the same in repair, reserving to the State 
and the lessee of the penitentiary all rights belonging to them therein. 

Sec 15. The warden of the penitentiary shall not be allowed 
in any event, more than three thousand dollars for building the war- 
den's house, in conformity with the provisions of the eighth section 
of an act, entitled "An act to lease the penitentiary," approved, 
March first, 1845. 

Sec 16. The warden of the penitentiary shall keep an exact 
account of the money paid, and the value of clothes furnished, to 
discharged convicts, under the provisions of this act, and shall be 
allowed to deduct the same out of [the] bonus due by him to the 



RECORDS AND RECORDERS. Q9 

commenced by the State against the said John Crenshaw, for money 
now due the Slate on said lease, or prevent the commissioner ol the 
Gallatin saline from prosecuting on the said lease to final judgment; 
but if judgment should be obtained, the said John Crenshaw may 
liquidate the same as above, except the costs of court, which shall 
be paid in good money, together with a reasonable sum to be paid to 
the said commissioner for his services in prosecuting said suit. 

Sec. 2. If defalcation takes place in any of the before mentioned saving clause, 
payments, then this act to be of no force ; and it shall be the duty of 
said commissioner, and he is hereby required, to prosecute the whole 
of the said claim as it may become due, and collect the full amount 
with interest, in good money. 

Sec 3. The administrator or administrators of Timothy Guard, A(J , f Timo . 
decease 1, and of Benjamin White, deceased, or their securities, be, thy Guard ami 
and they are hereby, allowed to pay their respective debts to then. White, may 
Stale, accruing in respect to arrears of rent for the salt works in pay > ** 
Gallatin county, formerly occupied by said deceased persons, wheth- 
er due by the terms of the original leases, or by note or judgment, 
in any bonds of this State, or other evidences of State indebtedness, 
(except the Macalister and Stebbins bonds,) in like manner as is Exccl , t ion. 
herein above provided and allowed for the relief of the said John 
Crenshaw; also, that if there be any other person or persons in- 
debted to this State, for or on account of arrears of rent fur said, 
salt works, or any part thereof, either as principal or sureties, 
such person or persons, their heirs, sureties, &c. shall be entitled 
to, and are hereby allowed, to discharge such indebtedness in the 
same manner, and on the same terms, as hereinbefore provided for 
the said Crenshaw. 

Approved, February 25, 1S47. 



AN ACT to amend chapter eighty. seven of the revised statutes, entitled records and In force 

and recorders. March 1, 1847. 

Section 1. Be it enacfed by the People of the State of Illinois, 
represented in the General Assembly, That the recorders of the 
several counties in this State are hereby required to keep a com- index. 
plete index of all the deeds, mortgages, and other instruments in 
writing which are required by law to be recorded, and which may 
have been or which may hereafter be recorded in the several vol- 
umes of books in his said oflice, as a sale and sure reference to any 
such deed, mortgage, or other instrument in writing so recorded 
by him, and open at all times to the citizens of such county for their 
Inspection, without fee. 

Sec. 2. The county commissioners 1 court of the several coun- 
ties in this State, are hereby required to furnish the recorder of 
their respective counties with such books of suitable and coiive- jT. ooks t0 ., , fi ir - 
nient size as may be necessary to carry into full effect the first r ,i S hed. 
section of this act, and to grant such compensation out of their 
respective county treasuries, to any such recorder as shall have 
made out such index, as contemplated in the first section of 



70 



RECORDS AND RECORDERS. 



Arbitration. 



Compensation, this act, and has not heretofore heen paid therefor, such compensa- 
tion to be agreed upon between said recorder and the commission- 
ers' court of said county; and should they not agree, then the same 
shall be submitted to three disinterested citizens of said county, 
one of whom shall -^e appointed by the county commissioners' court 
of said county, at any regular term thereof, as soon after the^ passage 
of this act as practicable, and one by said recorder, and the third, 
if not agreed upon by said court and the recorder, shall be appointed 
by the two who shall be appointed as aforesaid, and the three so 
appointed shall inspect said index, and report, upon oath, if required 
by either party, the sufficiency and value of the same ; and when 
said index shall have been paid for as aforesaid, the same shall be 
open to inspection for reference to the citizens of said county, with- 
out charge. 

Sec. 3. In any county where no such index has been made, it 
shall be the duty of the county commissioners' court of such coun- 
ty to employ some competent person to make out the same, and pay 
him such compensation out of the county treasury as said court 
may deem just and reasonable. 

Sec 4. The county commissioners of the county of Will are here- 
by authorized to cause an index to the records of judgments rendered 
in the circuit court of said county, as well as the record of judgments 
filed in the office of the clerk of the said circuit court, to be made, 
'if, in the opinion of the said commissioners, the making of each 
index only is necessary ; otherwise the said commissioners shall 
cause to be transcribed the whole of the said judgment record into 
a well bound book to be by them provided for that purpose, and 
the record^ so transcribed, shall become and constitute a portion of 
the records of said circuit court, and shall be as valid in law as if 
originally recorded in the same. The county commissioners' court 
of said county shall cause to be paid to the person employed by 
them to carry out the provisions of this section, a fair and reasona- 
ble compensation, and in case of disagreement, the amount shall be 
determined in the manner already provided in this act for services 
in transcribing of other records. This act to be in force from and 
after its passage. 

Approved, March 1, 1847. 



Provision for in 
dexins. 



Proceedings of 
Will circ't court 
to be indexed 



Compensation. 



In force, AN ACT to transcribe the records of Scott county. 

Fcb'ry 28, 1847. 

Section 1. Be it enacted by the People of the ftate cf Illinois,, 
County commas represented in the General Assembly, That the county commissioners' 
court may ob- cour t of Scott county is hereby authorized to cause to be copied 
le'cords'-'how! fr° m t' ie recorder's office of Morgan county, all (he deeds, mortgages 
and other writings recorded in the said county of Morgan, con- 
cerning or affecting real estate situated in the county of Scott ; and 
said court may employ the recorder of said county, or some other 
competent person, to copy the said deeds, mortgages, or other 
writings, into a well bound book to be provided lor that purpose ; 
and the person so appointed shall have access to the books of the 



RECORDS AND RECORDERS. 71 

records of Morgan county for the purpose of making the copy 
aforesaid, free of charge. 

Sec. 2. When the deeds, mortgages, and other writings afore- 
said shall be copied, the recorder of Morgan county shall assist in Record ' lof;vior - 

• l • '*i *i j it. r J i u S an to compare 

comparing said copies with the records thereof, and when all errors, anil C ertify. 
if any, shall have been corrected, the person so employed, and the 
recorder of Morgan county, shall make, sign, and make oath to a 
certificate, stating that said copy has been truly and correctly made 
from the records of said office, which certificate shall be made upon 
the book in which the deeds are copied as aforesaid. 

Sec. 3. Copies made from the book in which the deeds shall be Copies may be 
copied as aforesaid, certified by the recorder of Scott county, may 
be used as evidence prima facia of the existence and contents of 
the original deeds. 

Src. 4. The recorder of Morgan county shall be allowed aTM l By of recorder 
paid for his services and the use of his office, in comparing and 
certifying to the deeds copied under the provisions of this act, five 
cents for each deed or mortgage, which shall be paid by the county 
of Scott. 

Sec 5. The county commissioners of Scott county may allow Scclt C0 ™ 1 >" lu 

, i • ' -i ■ ■ ■ i T pay copyist. 

the persons authorized to make the copies aforesaid, not exceeding 

ten cents for every one hundred words of said copy ; said court 
shall also pay for the record book or books used under the pro- 
visions of this act. 

Approved, February 28, 1847. 



AN aCT in relation to the records of Kendall county. In force, 

Febry. 16, 1847. 

[Section 1.] Be if enacted by the People of the State of Illinois , 
represented in the General Assembly, That the county commissioners' 
court of Kendall county be, and it is hereby, authorized, to employ 
a competent person to make a complete* index to the records in the Records to be 
recorder's office of said county ; there shall be an index of the names mdexed ' 
of the grantors and of the grantees, and also of the tracts or parcels 
of land ; and the recorder of said county, after said index or indexes 
shall be so made, is hereby required to keep the same in that man- 
ner without additional compensation. The said person so employed to be sworn. 
rdiall take an oath faithfully to perform the duties herein required of 
him, which may be taken before the clerk of the said court and filed 
in his office. The said county commissioners' court is hereby au- 
thorized to pay the person so to be employed, a reasonable compen- Compensation, 
sation, to be fixed by them, out of any money in the treasury of said 
county not otherwise appropriated. 

Approved, February 16, 1847. 



AN ACT in relation to the records of Peoria county. In f orce , 

Section 1. Be it enacted by the People of the State of Illinois, y ' 
represented in the General Assembly, That the county commissioners' 
court of Peoria county be, and it is hereby, authorized to contract 



72 RECORDS AND RECORDERS. 



Deeds to be cop- with the recorder of said county to copy into new books so many 
books"' new °'* ^ le record books of deeds, and mortgages, and town plats in the 
office of said recorder, as the said court may think necessary or 
advisable to be so copied ; which books so copied shall be evidence, 
and copies from said books shall be received in evidence in the same 
manner as copies of the original records ; and the said court is 
authorized to pay out of the county treasury such sums as it may 
have been agreed on ; and said court is hereby authorized to pro- 
cure said recorder to make in one well bound book a general index 
Compensation, to all the record books of said county, and to make such recorder 
such compensation as may be agreed on. 

Sec. 2. This act to be in force from and after its passage. 
Approved, February 16, 1847. 



In force, AN ACT to transcribe certain records in Greene, Will anJ Pulaski counties. 

Feb. 11, 1847. 

Section 1. Be it enacted by the People of ike. Slate of Illinois, 

Clerk of Greene represented in the General JJssemb/y, That for the preservation of 

eribe records/ ^ ae recor ds ol the sales of lands sold l'or taxes in Greene county, the 

clerk of [the] county commissioners' court of said county is hereby 

authorized and required to transcribe said records into a well bound 

book to be furnished by said court for that purpose. 

Sec 2. When said records have been transcribed as aforesaid, 
the same shall become and constitute a portion of the records of said 
shall be, vahd. court, and shall be as valid in law as if originally recorded in the 
same. If the said records, when so transcribed, shall not till the 
book furnished as aforesaid, sales hereafter made may be recorded 
in the same. 

Sec. 3. The clerk of the county commissioners' court of said 
compensation, county shall be allowed a reasonable compensation for performing 
the duties required of him under this act, to be paid out of the county 
treasury. 

Sec. 4. When said records have been so transcribed, it shall be 
the duty of said court at some convenient time thereafter, not ex- 
To be compared. ceeding three months, to carefully compare the same with the origi- 
nal record, (and make corrections if any may be required,) and cer- 
tify the same under their signatures as being a true and perfect 
transcript of the sale aforesaid, as originally recorded. 
Foregoing appji- Sec. 5. The aforesaid act shall be applicable to the county of 
cable to wm co. Will, and it shall be the duty of the county commissioners' court 
of the county of Will, (o cause the records of said county to be 
transcribed as expressed in this act. 
Recorder of Will Sec 6. The recorder of Will county is hereby authorized, by 

county, &C. , . ... , ., .. , J . . J . _ . ' J 

himself or deputy, to transcribe all the records m the Look county- 
recorder's office, of deeds and mortgages given for lands situated in 
the county of Will, where the same was recorded in Cook county 
previous to fhe formation of Will county out of a part of the county 
of Cook. It shall be the duty of the said recorder or his deputy, in 
transcribing such records, to transcribe in a neat and accurate man- 
ner, all town plats situated in the county of Will, and recorded as> 



RECORDS AND RECORDERS. 



73 



above, as well as every oilier instrument or article touching the in- 
terest of tlie people of said county, that may have been recorded in 
Cook county previous to the formation of Will co'unly, in a good and 
substantial book which he shall procure for that purpose. 

Sec. 7. The said recorder or his deputy shall have access to all shall have ac- 
records of the county of Cook lor the purpose of making such tran- cesst0 records, 
scrijjtion ; and when the same shall have been made, the recorder of Cook recorder 
Cook county or his deputy shall assi>t the 'person making such t ra n- tocom P ai ' e - 
scription, to compare every article transcribed with the original 
record, to correct errors, if any shall have been made, and at the 
close of the same, the said recorder of Cook county shall make a 
certificate that the foregoing transcribed records have been carefully 
compared with the original records in his office, and found to be 
correctly transcribed in every particular. 

Sec. 8. The county commissioners' court of Will county, at 
their first term alter the completion of the said transcribed record, 
shall order the clerk of said court to draw an order in favor of the Compensation, 
recorder, upon the treasurer of said county, for the sum of two dol- 
lars and fifty cents per day for every day actually employed in 
making out such transcribed record, and also for such an amount as 
the record book may have cost. The number of days employed to 
be certified under oath of the person doing the work. They shall 
also cause to be paid to the recorder of the county of Cook, live 
cents for each article transcribed ; and when the same shall have 
been transcribed as before mentioned, each article shall be as valid 
to all intents and purposes as if the same had been originally re- 
corded in the county of Will. 

Src. 9. That James S. Smith, of North Caledonia, in Pulaski Reconls f 0r Pu- 
countv, be, and he is hereby, authorized to transcribe the records laski county, 
of Johnson county and Alexander county, so far as the same may 
affect in any way the rights of persons resident in Pulaski county, 
or the interests in leal estate lying in said county of Pulaski, and shall 
receive such compensation as the county commissioners' court of 
Pulaski county shall allow, to be paid out of the treasury of Pulaski 
county ; and for the purposes of transcribing said records, the re- 
corders of Alexander and Johnson counties shall allow said Smith 
free access to the records of their respective counties, such time as 
will enable him to complete the same. 

Sec 10. Said James S. Smith shall deposite in the recorder's 
office of the county of Pulaski, the said records when so transcribed, 
cert i tied by him to be a true and perfect copy of such parts of the 
records of said counties of Johnson and Alexander, as affects the 
interests in Pulaski county of persons and lands; which transcribed 
records shall have the same force and effect in law that the originals Transerijfs to 
have in tlie counties from which they have been transcribed ; and havelc S al drcct * 
copies thereof, certified, shall be evidence of the lacts contained 
therein, as if certified from the originals in ail respects whatever. 
This act to be in force from and alier ils passage. 

Ape-roved, February 11, 1847. 



74 RELIEF— I!ECCGKIZa:«CE. 



In force, AN ACT for the relief of the inhabitants of incorporated towns. 

March 1, 1847. 

Preamble. Whehkas, The county commissioners' 1 courts of many of the coun- 

ties in this State, acting under the provisions of the road law, 
have assessed a road tax upon the taxable property within their 
respective counties, without excluding from the operation of said 
tax, property situated in and owned by inhabitants of incorporated 
towns : And Whereas, most of the acts incorporating the 
inhabitants of towns require such inhabitants to keep all the 
public roads, passing from and through their said towns, in re- 
pair for the distance of one mile from the centre thereof; and in 
consequence thereof, said towns are not included in any county 
district, but Ihe inhabitants thereof pay for keeping the roads in 
repair under the operation of the by-laws of the corporation, and 
it being manifestly unjust to require the inhabitants ol towns so 
situated to pay double taxes for road purposes ; therefore, 
Section 1. Be it enacted by the People of the Slate of Illinois, 
inhabitants of represented in the General Assembly, That in all cases where county 
uicorp'd towns commissioners' courts have assessed a road tax operating upon 
add'l road tax! property situated in incorporated towns, the inhabitants oi which 
are required to keep the roads passing through and from their said 
towns in repair, said tax shall be, and the same ps hereby, released. 
Sec 2. Hereafter, in assessing the road tax by county commis- 
sioners' courts, property situated within the limits of incorporated 
towns, the inhabitants of which are required to keep the roads in 
repair, as mentioned in the second [first] section of this act, shall 
be excluded from the operation of the order assessing said tax. 
Approved, March 1, 1847. 



In force AN ACT to P rovide for forfeited recognizances. 

Febry. 28, 1847. 

Section 1. Be it enacted by the People of Ihe State of Illinois, 
Fines, &ic.,toberepresented in the General Assembly, That all tines, penalties, and 
paid into county f or f e itures that heretofore mav have been, or hereafter shall be. 

treasury. ,. , . , J . ... ,-. 

assessed, imposed, or incurred in any criminal proceeding in any 
of the circuit courts of this State ; shall be paid into the treasury of 
the county in which such fine, penalty, or forfeiture occurred or is 
taken : Provided, that in cases of recognizances growing out of 
changes of venue, the county that by law is compelled to bear the 
expenses of the prosecution shall be entitled t > all moneys arising 
from any fines, penalties, or forfeitures ; if both counties have in- 
curred expenses and costs, then those expenses and costs are to be 
paid pro rata out of such fines and forfeitures. 
Paid in specie, Sec. 2. The fines, penalties, and forfeitures collected under the 
to school com'r. fi r;5 t section of this act, shall be collected in specie funds, and paid by 
the county treasurer, if the county commissioners, making [make) 
an order upon the records of their court to that effect, on the l.rst 
Mondays of April and September in each and every year, to the 



REVENUE. 75 

school commissioners of the proper county, who shall receipt for 
the same, and distribute the amount among the school townships of 
the county for the use and support of common schools as other 
school funds are distributed. 

Sec. o. Nothing in this act contained shall apply to any fines, 
penalties, and forfeitures collected in any district court of this State. 

Approved, February 28, 1847. 



AN ACT to define the revenue law* In force, 

March 1, 1847. 

Section 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the assesment of the tax- 
able property in Gallatin county, made by John Williamson, for theG a u a *j ncC v :T ,ty, 
year one thousand eight hundred and forty-six, shall be held 
to be fully as valid as if the same had been commenced, completed, 
and return thereof made, within the prescribed provisions of law ; 
and the said assessment, in regard to these and all other defects, is 
hereby legalized. This act to be in force from and after its passage. 

Approved, March 1, 1847. 



AN ACT to provide for the collection of the revenue of Washington county for the In force 

year 1844. Feb'y. 2G, 1847. 

Whfreas, The collector in and for the county of Washington, in 
this State, failed to collect the revenue entire in said county, for 
(he year eighteen hundred and forty-four: v\nd whereas, by 
the laws now in force concerning the public revenue, and the 
collection thereof, there is no officer now in existence in said 
county of Washington empowered or clothed with authority to 
collect the revenue remaining uncollected in said county of 
Washington for the year aforesaid ; therefore, 
Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the present sheriff' and Tax of x844( 
collector of the public revenue in and for the countv of Washington, in 
said State, be, and he is hereby, empowered and required to ask 
for, demand, and receive of and from any person or persons who 
may have the same in his, or her, or their possessions, the tax 
books for the year eighteen hundred and forty-four, in and for said 
county of Washington ; and whenever he shall have possessed 
himself of the same, he is hereby authorized and required to pro- 
ceed to the collection of so much of the public revenue due from 
Individuals to the State and county, as has not been already col- 
lected and accounted for, on account of taxes levied for the year 
eighteen hundred and lorty-four. 



7(3 REVENUE. 

May sell delta- Sec. 2. That the said sheriff of Washington county is aulhor- 

quent lands. i ze d, am { it is made his duty, to make application to some term of 
the Washington circuit court for an order to sell the non-rodent 
lands in said county upon which the taxes may yet he due lor ihe 
year aforesaid, alter having gi\en public notice of his intended 
application for such order, as is required by the statutes now in 
force concerning the public revenue, and the collection thereof, in 
this State ; the said sheriff and collector is hereby given until the 
twenty fifth day of December, in the year of our Lord one thou- 
sand eight hundred and forty-seven, to make settlement with the 
county commissioners of said county and the Slate treasurer, and 
to file his delinquent lists, and in said settlement he shall be al-; 
lowed for, and on account of, said delinquencies in the same man- 
ner as if colled ion of the same had been made at the proper time 
under general laws on this subject. 

Sec 3. The said sheriff of Washington county shall, for his 

Fees. services aforesaid, receive the same fees and compensation as is 

allowed for like services under the general laws upon this subject. 
Sec. 4. Before the collector of Washington county shall be en- 
titled to the benefit of the provisions of this act, he shall execute a 

Bon( j new bond for the faithful performance of his duties, in accordance 

with the twenty-eighth section of revised laws entitled "revenue." 
Approved, February 26, 1847. 



In force, AN ACT in relation to the assessment of taxes in St. Clair county. 

Jan'ry 26, 1317. 

Sec iio.v 1 . Be it enacted by the People of ike Slate of Illinois, repre- 
Assessmant le-senitd in the. Genera/. Jissembly, That the assessment of taxes in 
gaiized. g te C1 lir count y lbr the year JS45 am [ i8 4 g is hereby legalized, al- 

though the same may not have been made in the lime required by 
law. 
Duty of collector Sec 2. The collector of taxes for 1845 in said county, shall pro- 
ceed to collect said taxes, and shall pay over the amount collected 
for State purposes into the treasury of this Stale, on or before the 
fisF Monday of March next, according to the forty-third section of 
our present revenue law. 
Dop. assessor. Sec 3. Hereafter the assessor of St. Clair county may, with 
the concurrence of the county commUsioners' court of said county, 
appoint a deputy assessor, who shall execute a bond with security, in 
the manner provided in the twenty- eight section of said chapter of 
the said revised statutes, and lake an oath as therein provided. 
Approved, January 26, 1847. 



In force, AN ACT for the assessment and collection of revenue for Hancock county for 1845, 
.lau'ry 26, 1S17. 1846 and 1847. 

Section 1. Be it. enacted by ihe People of the Slate of Illinois, 
sheriff to collect represented in ihe General Assembly, That the present sherifi and 
taxes for iS45. co n ec (. or e l ec t i n the county of Hancock, and his successors in office, 



REVENUE- 77 

have the sole and exclusive right to collect the (axes and assessment 
now remaiuiug due and unpaid for the year eighteen hundred and 
forty-live, in said county. 

Bec. 2. That the said present sheriff and collector of said taxes Power0 f s herifi". 
and assessment for said year, be, and he is hereby, empowered to do 
whatsoever he might lawfully have done to enforce the collection 
and payment of the same, had he been the original collector for said 
year, and had not the ordinary time lor making said collection not 
transpired, and may sell at any regular time, alter complying with sale, 
the requirements of the law in that respect, all such lands and town 
lots upon which taxes remain due and unpaid for said year in said 
county ; and all rights accruing under such sales, are hereby pro- 
jected, and may be perfected, as under ordinary sales for taxes : 
Provided, public notice of the time and place of such sale be given, Notic€- 
and the proceedings conducted in all respects as is now or may 
hereafter be required by law in ordinary sales of lands for taxes, 
and shall have and receive the same fees and emoluments as are now 
or may hereafter be allowed him for similar services by law. 

Sec. 3. That the present treasurer and assessor elect of said Assessor to 
county of Hancock, and his successors in office, have the sole and^™£ s e fo * S iff 6 ] 
exclusive right of making and completing the assessment of proper- 
ty, real, personal and mixed, in said county, which is subject to tax- 
ation under the laws of this State for the year eighteen hundred and 
forty six. 

Sec. 4. That said treasurer and assessor elect, and his successors when to com- 
in office, for said county, be, and he is hereby, empowered and r e- mence ' 
quired to commence the said assessment of property in said county 
for the year eighteen hundred and forty-six, and for the ensuing 
year, two months earlier than is now required by law ; and that he 
have the same rights and powers as he would [have,] had he been 
the assessor for said year eighteen hundred and forty-six, and make 
returns of his said assessments as is now required by law. 

Sec 5. That said treasurer and assessor have and receive the Assessor's fees, 
same fees and emoluments for said assessments as is or may here- 
after be allowed to him for similar services. 

Sec 6. That the auditor of public accounts be, and is hereby, Auditor , s duhr# 
empowered and required to furnish a list of all lands lying in said 
county of Hancock, subject to taxation for the ensuing year, to the 
clerk of the county commissioners' court, by the first day of January, 
one thousand eight hundred and forty-seven. 

Sec 7. That the clerk of said county court, upon the receipt of Clerk's duty, 
said list from the auditor, make out and deliver a list of all the lands 
and town lots in said county subject to taxation for the year eighteen 
hundred and forty-seven, or as soon thereafter as he shall be able so 
to do, agreeably to the eleventh, twelfth and fourteenth sections of 
the act in relation to the' public revenue of this State. 

Sec 8. That, upon the return of said assessments hereinbefore rower of sheriff, 
me; iioned, to the said county clerk's office, the said sheriff, or his 
successors in office, be, and hereby is, empowered to make said 
collection in the same manner as if the time for the collection and 
jayment of the same had net transpired, and as he is now required 
to do. 

Sec 9. That the former sheriff and collector, and the former Former sheriff. 
treasurer and assessors, and their respective securities, shall not 



78 



Sheriff's bond. 



Redemption. 



REVENUE. 

hereby be released from any legal liabilities that may have accrued 
by reason of the non-performance of their respective principals 
herein, as required by law, of their several duties and obligations 
previous to the passage of this act. 

Sec. 10. Before the sheriff and collector shall enter upon the 
duties devolved upon him by the foregoing provisions of this act, he 
shall execute a new bond, additional to his ordinary official bond as 
collector, in a penalty of at least double the amount of the tax of 
eighteen hundred and forty-six, to be by him collected, which said 
bond shall be entered in the same manner provided for the execution 
of a collector's bond, by the 28th section of the 89th chapter of the 
revised laws. 

Sec. ll. That lands sold for the taxes of eighteen hundred and 
forty-five, in said county of Hancock, be subject to redemption for 
the period of four years from the time of sale, and the purchaser 
thereof shall not be entitled to a deed for the same for said period of 
four years. 

Sec 12. The secretary of State shall transmit a certified copy 
of this act to the clerk of the county commissioners' court of the 
county of Hancock. 

Sec 13. This act to take effect and be in force from and after its 
passage 

Approved, January 26, 1847. 



In force, AN ACT supplemental to an act entitled "An act for the assessment and collection of 
Febry. 28, 1347. revenue for Hancock county for 1845, 1846 and 1847." 

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

Former law ve-represented in the General Assembly, That the eleventh section of an 

pealed. ac t entitled "An act for the assessment and collection of revenue for 

Hancock county for 1845, 1846 and 1847," approved, January 26, 

1847, be, and the same is hereby, repealed. 

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

Approved, February 28, 1847. 



jjj f orce AN ACT to amend the present revenue law. 

Febry. 28, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
Assessor's duty, represented in the General Assembly, That it shall be the duty of 
the assessor, in addition to the list of property to be taken by him un- 
der the fifteenth section of the revenue law, to state in such list 
whether the owner of such real estate is a resident of the county. 
Duty of clerk of ^ec ^' ^ sna ^ De ^ ne duty of the clerk of the county commis- 
rounty comm'rs sioners' court to give a written notice to any resident of his county 
court. whose lands, lying in said county, have been sold for State, county, 

or road taxes, within one year from and after the sale of such lands ; 



REVENUE. 79 

which notice shall contain a description of the lands sold, and the 
amount of tax and costs thereon ; for making out and delivering 
such notice, the clerk shall he entitled to receive from the owner of 
such lands the sum of twenty-five cents, to be paid upon the re- 
demption of such lands : Provided, no one person shall be charged 
but twenty-five cents for such notice, whether such notice contains 
one or more tracts or town lots. 

Sec. 3. If any clerk shall fail or neglect to give the notice as Penalty for ne- 
provided by this act, he shall forfeit and pay to the owner of such glect of clerk - 
lands the full amount of the tax and costs due upon said lands, with 
one hundred per cent, thereon; and upon application of the owner owners of land, 
of any such lands, so sold as aforesaid, and who has been neglected 
to be notified, as aforesaid, by said clerk to the county com- 
missioners' court of said county, within two years after the day of 
sale, it shall be the duty of the county commissioners' court to order 
said clerk to redeem said lands from sale, and to grant to the owner a 
certificate of redemption for the same ; and for a failure to comply 
with such order, the clerk's office shall be vacated, and filled as other 
vacancies are, any law to the contrary notwithstanding. The for- 
feitures incurred in the third section of this act shall be recoverable 
before any justice of the peace of the proper county. 

Sec 4. This act to take effect and be in force from and after 
its passage. 

Approved, February 28, 1847. 



AN ACT to amend the eighty-ninth chapter of the revised laws, entitled revenue. j„ f orce 

Febry. 27, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the license procured by Hawkers' and 
or issued to any hawker or pedler, by virtue of the seventh section united, 
of the chapter to which this is an amendment, shall authorize such 
hawker or pedler to pursue his occupation for the term of one 
year from the date of his said license, and no longer. 

Sec. 2. So much of the eighth section of the chapter to which 

L . . , °. . . r , . , Modification of 

this is an amendment, as requires county commissioners courts to f 0rmer i aw . 
levy the tax for county purposes at the March term of said courts, 
is hereby modified so that when such tax shall not be levied at the 
March term, said courts respectively may levy the same at the 
June term next ensuing. 

Sec. 3. The twelfth section of the chapter to which this is an 12th section of 
amendment is hereby repealed, and hereafter the auditor shall an- former k w re - 
nually transmit to the clerks of the several county commissioners' Auditor's duty, 
courts, on or before the first day of December, a list of all lands in 
their respective counties which may have or shall become subject 
to taxation within that year. 

Sec. 4. Hereafter, when any assessor shall be unable to dis- 
charge his duties and complete his assessment within the time 
limited by law, on account of sickness, or on account of the extent 
of his county, such assessor may appoint and employ deputies to 
aid and assist him in the discharge of his duties : Provided, that 



gQ REVENUE. 

before such deputies shall act, he shall take and subscribe on oath 

or affirmation similar to that of his principal, and the assessor shall 

Proviso. be liable i'or all the acts of his deputy : And provided, further, 

that said appointment shall not be made without the consent of the 

county commissioners.' court of said county. 

when transcript Sec. I). Hereafter the transcript which is required by the four- 

Bhall be deliv'd. teenlh section of the chapter to winch this is an amendment, to be 

delivered by the clerk to the assessor of his county, shall be so 

delivered by such clerk on or before the first day of January instead 

of the first Monday in March, and such clerk shall al»o, at the 

Blank books, same time, deliver to the assessor statable blank books, properly 

headed, wherein to assess the property in his county. 
Auditor's duty. j^ec. (j. The auditor of public accounts shall hereafter furnish 
the clerks of the several county commissioners' courts with blank 
forms for assessor's books, sale books, and sale lists, and all other 
• lists and certificates necessary to establish a uniform practice in the 
collection of the State revenue, 
certain sections Sec. 7. Sections twenty-one, twenty-two, twenty-three, twenty- 
reDealedf 1 ^ ^ our ' anc * twent y- f i ve 5 of the chapter to which this is an amendment, 
Assessor's duty, are hereby repealed, and hereafter the assessor shall complete the 
assessment of property on or before the second Monday of July in 
each year, and return to the clerk of the county commissioners' 
court the abstract of lands furnished him by said clerk, and his list 
and description of all taxable property within the county, with the 
valuation ; and the assessor shall add up his own figures in the 
columns exhibiting the total valuation of real estate, and the total 
valuation of personal property : Provided, if any assessor, after 
having assessed any real estate, shall re-assess and raise the value 
thereof, it shall be his duty to p;ive notice in writing to the owner 
of such real estate of the change thus made, 
cierk to com- Sec 8. The clerk, assisted by the assessor or other competent 
' ' s " person, shall carefully compare the assessment list of real estate 

with the list furnished the assessor, correcting all errors in said 
list, and shall set down the valuation of each tract of land and town 
lot opposite the same, in columns provided for that purpose; and 
the said clerk shall calculate the amount of State, county and spe- 
cial tax due on each tract and lot, placing the same opposite such 
tract or lot, also on each person's personal property, and shall add 
up his own figures in the columns, showing the State tax, county 
tax, and special tax : Providzl, that where any tract or lot shall 
have been forfeited to the State for the taxes of any former year, 
and remains unredeemed, the amount for which. the same "was for- 
feited, together wilh the interest thereon, shall be added to the 
amount due for the current year, for which service he shall be 
Payof clerk. allowed a sum not exceeding one cent for each tract, lot, or parcel 
contained in said assessment list, to be paid out of the couuty 
treasury. 
Persons agnicv- Sf.c. 9. Any person feelinp- ajjrrravated by the assessment of his 
e property, who shall apply to the county commissioners' court for a 

reduction thereof, as provided in the twenty-sixth section of the 
chapter to which this is an amendment, and who shall be dissatis- 
fied with the decision of said county commissioners' court (hereon, 
may appeal from such decision to the circuit court, and such re- 
duction may be made by said circuit court, on proof that the valua- 



^REVENUE, g J 

tion of the assessor was too high, which correction shall be made of 
record, and a list certified by the clerk of the circuit court to the 
collector : Provided, that on such appeal no costs shall be taxed 
against the State or county. 

Sec. 10. Hereafter collectors' bonds shall be transmitted to the Collector, 
auditor of public accounts instead of the office of secretary of 
State, and the said secretary shall deliver over to the auditor all 
the collectors' bonds now on file in his office; certified copies of such 
bonds under the official seal of the auditor shall be evidence in all 
the courts of this State. 

Sec 11. Hereafter no assessor shall be, either directly or indi- ena J 
rectly concerned in the purchase of any tract of land or town lot 
sold for the payment of taxes, under the penalty of one hundred 
dollars, to be recovered by action of debt. 

Sec 12. On or before the second Monday in September in each Dat y of clerk - 
year, or as soon thereafter as the collector shall be qualified, the 
clerk shall deliver the assessment list to said collector, and shall 
transmit by mail to the auditor a statement of the aggregate value 
of real estate, the aggregate value of personal property, and the ag- 
gregate amount of State tax, county tax, and special tax : Provided, proviso, 
that when the county commissioners' court of any county shall think 
it necessary, they shall require their clerk to make out new tran- 
scripts for the assessor, and copies of the assessor's books for the 
collector; for said services the clerk shall be allowed a sum not Fay of clerk " 
exceeding two cents for each tract or lot included in each list, 
to be paid out of the county treasury. 

Sec. 13. Sections forty-three and one hundred of the chapter certain sections 
to which this is an amendment, are hereby repealed, and herealter°f former actre- 
the collectors of the several counties shall pay to the school com- ^utyof coiiect- 
missioner, on or before the first Monday of March in each year,ors. 
the amount of the interest on the school, college, and seminary fund To pay . sch ° o1 
due from the State to his county, and shall, within sixty days after 
the time fixed by law for holding the first term of the circuit court 
of his county in each year, make a final settlement with the auditor, 
and pay into the State treasury the full amount of revenue due the Topay into state 
State, and any collector failing to comply with the provisions oftreasury. 
this section shall pay ten per cent, per annum upon the amount he Penalty, 
shall fail to pay, and said collector may charge ten per cent, per 
annum upon the taxes remaining due and unpaid on the first day of 
the term of the court aforesaid. 

Sec 14. The eighty-first section of the chapter to which this sec. 8i reviseu 
is an amendment, is hereby repealed, and hereafter the clerks of s a ' ie i )eaei - 
the county commissioners' courts of the several counties shall sell,^'^ s s t0 scli 
from the records of sales on file in their offices, and all sales of for- 
feited lands and town lots heretofore made by said clerks, as re- 
quired by section eighty of the chapter to which this is an amend- 
ment, are hereby declared as good, valid, and effectual as if the 
lists had been furnished by the auditor, as required by section 
eighty-one of the chapter aforesaid ; and where the lists have not 
already been furnished, said clerks shall transmit to the auditor a Further duty of 
list of all the lands and lots which have or shall hereafter be sold, cer ' 
and shall pay into the State treasury the amount received by them 
for forfeited lands or lots sold, except the amount of county tax, and 
the interest thereon, which shall be paid into the county treasury. 
6 



82 



REVENUE. 



Pay of assessor. Sec. 15. Hereafter assessors shall be allowed a sum not exceed- 
ing two dollars per day for every day necessarily employed in the 
performance of his duty as such assessor, to be paid out of the 

of treasurer, county treasury ; the treasurer of each county shall be allowed two 
per cent, upon all moneys paid out of the county treasury ; the 

Clerk. clerk of the county commissioners' court of each county shall 

be allowed, for assisting the collector in selling lands for taxes, 
twenty-five cents for each tract of land and ten cents for each 
town lot sold, for which a certificate is given, and for making 
a record of the sales two cents, for each tract of land and one 
cent for each town lot, to be charged and collected as other costs ; 

Oerk cir. court. the clerk of the circuit court in each county shall be allowed 
six cents for each tract of land and three cents for each town lot 
against which judgment is prayed for delinquent taxes, to be col- 
Pay of collector, lected as other costs ; the collector shall be allowed ten cents for 
each tract of land and three cents 'for each town lot sold, and for 
making the delinquent list for publication, two cents for each tract 
of land and one cent for each town lot, to be collected as other costs ; 

Pay of printer, each printer shall be allowed for publishing advertisements of de- 
linquent lands and town lots for sale, ten cents for each tract of 
land and three cents for each town lot, to be collected as other 

Proviso. costs : Provided, that no fees shall be paid on lands or town lots 

. forfeited to the State. 

Repeai'g clause. Sec 16. All the sections or parts of sections of the chapter to 
which this is an amendment, conflicting with this act, are hereby 
repealed. This act to be in force from and alter its passage. 
Approved, February 27, 1847. 



In force, AN ACT to amend the seventh section [of] a law concerning revenue, approved March 
FePry 16, 1847. third, one thousand eight hundred and forty-rive. 

Section 1. Be it enacted by the People of the Stale of Illinois , 
Penalty for ped- represented in the General Assembly, That in all eases where hawk- 
Hng after license ers anc j pedlers shall take out license, authorizing them to pursue 
expires. their occupation, either throughout the whole State, or in a single 

county in the State, as provided in section seven of an act concern- 
ing revenue, approved March third, one thousand eight hundred 
and forty-five, said licenses shall extend only to the term of one 
year from the time of their issue ; and any person or persons who 
shall pursue said occupation of hawker or pedler after the time of 
expiration of his or their license, shall be liable to the same penalty 
set forth in said seventh section, for the punishment of persons who 
shall pursue said occupation within this State, or any of the coun- 
ties thereof, without license. 

Sec. 2. This act to take effect from and after the first day of 
May next. 

Approved, February 16, 1847. 



REVENUE, gy 



AN ACT to increase the revenue of the State of Illinois. In force, 

Feb'ry 19, 184V. 

Whereas, It has been enacted by the Senate, and House of Rep- Preamble. 
resentatives of the United States, in Congress assembled, as fol- 
lows : That the assent of Congress is hereby given to the sever- 
al States, admitted into the Union prior to the twenty-fourth day of 
April, A. D. one thousand eight hundred and twenty, to impose 
a tax or taxes upon all lands hereafter sold by the United States 
in said States from and after the day of such sale ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That hereafter all lands sold by Lands; when to 
the United States, being and lying in the State of Illinois, shall, as bGtaxeih 
soon as they have been thus sold, be subject to taxation in like man- 
ner with all othe. 1 lands in said State. 

Sec 2. That all that part of section four of the revenue law, ap-„ „ , 

* * IwCDC&l £ C1SH13C • 

proved March third, one thousand eight hundred and forty-five, 
which may conflict with the provisions of this act, be, and the same 
is hereby, repealed. 

Approved, February 19, 1847. 



AN ACT to amend chapter 89 of the revised statutes. In force, 

Feb'ry 25, 18-V7. 

Sect ion 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That hereafter it shall be the duty Forfeited lots, 
of the clerk of the county commissioners' court of each county in 
this State, to prepare the lists and make the necessary computations, 
which are now required by law to be prepared by the auditor of 
public accounts, of lands and lots forfeited to the State for taxes, pre- 
paratory to the sale of the same, as now required by law. 

Sec. 2. The said clerk shall advertise the same by inserting in Notice of sales, 
the nearest newspaper, as now required, a notice of the time and 
place fixed for the sale of the same ; and for services in attending 
to the sale of lands for taxes, the said clerks shall be allowed the Fees, 
sum of fifteen cents for each tract or parcel of land sold, to be taxed 
and collected as costs, in lieu of the ten cents now allowed by law. 

Sec 3. The auditor of public accounts is hereby authorized and Warrants, 
required to draw his warrant on the State treasurer in favor of the 
clerk of the county commissioners' court of each county in this 
State, in payment for services rendered by them in making abstracts 
and computations for all the different years for which taxes were due Back fees, 
upon the lands and lots forfeited to the State for taxes, and which were 
offered for sale, by said clerks, at the sale of first Monday of Sep- 
tember, 1845, at the rate of ten cents for each tract contained in the 
list of said forfeited lands and lots, and, also, reasonable pay for ad- 
vertising. 

Sec 4. The compensation provided for in the third section of Restriction, 
this act shall not apply to those clerks of the county commissioners' 



g4 RIGHT OF PROPERTY— RIOTS. 

courts who neglected to comply with all the provisions of the law 
relative to said sales, or who refused or neglected to comply with 
the instructions of the auditor, upon the subject of preparing said 
lists and making computations for said sale. This act to be in force 
from and after its passage. 

Approved, February 25, 1847. 



In force, AN ACT to amend the ninety-first chapter of the revised laws, entitled " Right of 
Feb'ry 18, 1847. Property." 

Section 1. Be it enacted by t l -e People of the State of Illinois, 
represented in the General Assembly, That upon the trial before the 
circuit court of any appeal from the trial of the right of property, 
if the bond required to begiven shall be adjudged informal, or other- 
wise insufficient, on account of its ha\ing been taken or approved 
by an unauthorized person, or otherwise, the party who shall have 
executed such bond shall in no wise be prejudiced, by reason of 
such informality or insufficiency : Provided, he will, in a reasonable 
time, to be fixed by the court, execute and file a good and sufficient 
bend. 

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

Approved, February 18, 1847. 



In fo-cc AN ACT to suppress riots and regulating companies, and maintain the supremacy of the 

Feb'jy 26, 1847. laws. 

Section 1. Be it enacted by the People of the State of Illinois, 
Punishment for represented in the General Assembly, That if two or more persons 
assaults, &c. shall commit an assault and battery on, or shall imprison, another with- 
in this State, for the purpose of obtaining a confession or revelation 
tending to criminate the person assaulted, or any other person, or 
shall assault and batter, or imprison, another on account of a refusal 
of such person to make such confession or revelation, the persons 
so offending, on conviction thereof, shall be punished by confinement 
in the penitentiary for a term of not less than one year, nor more 
than three years. 

Sec 2. If two or more persons shall actually do an unlawful 
act, with force or violence, against the person or property of another, 
with an intent in them thereby to cause such person to leave the 
Slate or county against his or her will, the persons so offending, on 
conviction thereof, shall be punished by confinement in the peni- 
tentiary for a term of not less than one year, nor more than three 
years. 



RIVERS. 



85 



Sec. 3. If two or more persons shall assemble and try another Mock trial. 
for any real or pretended offence, or for being a person of bad re- 
pute, without any authority of law in them so to do, the persons so 
offending, on conviction thereof, shall be punished by confinement 
in the penitentiary for a term of not less than one year, nor more 
than three years. 

Sec. 4. If two or more persons shall actually do an unlawful Posse, jury, &c. 
act, with force or violence, against the person or property of any 
grand or petit juror, witness, or member of a posse comitutus, on 
account of any act done by him, in obedience to a duty required of 
him by law, ur to prevent the performance of any such act, the 
persons so offending, on conviction thereof, shall be punished by 
confinement in the penitentiary for a term not less than one year, nor 
more than three years. 

Sec 5. If one or more persons shall threaten violence to the Threats, &c. 
person or property of another, for the purpose of obtaining a con- 
fession of crime, or for the purpose of causing such person to leave 
the State, or shall threaten violence to the person or property of any 
grand or petit juror, witness, or member of a posse comitutus, on 
account of any act done by him, in obedience to a duty required of 
him by law, or to prevent the performance of any such act, the per- 
son or persons so offending shall, on conviction thereof, be severally 
find not exceeding one hundred dollars, or imprisoned in the county 
jail not more than three months. 

Sec 6. Whenever any person under arrest, on a charge of any Bait, 
offence punishable, by law, by confinement in the penitentiary, shall 
offer bail to any officer required by law to take and judge the suffi- 
ciency of bail, and such bail shall be unknown in person and circum- 
stances to such officer, it shall be lawful for such officer to defer 
the taking of such bail as long as may be necessary, not exceeding 
five days, that he may inquire into the solvency of such bail : Pro- 
vided, that the person under arrest shall be permitted to offer other 
bail ; and in all cases where such officer shall entertain doubts of 
the sufficiency of bail offered, he shall judge of the sufficiency 
of such bail from all the evidence which may be adduced before him, 
and shall receive or reject the same accordingly. 

Sec 7. This act shall be in force from the end of ten days after 
its passage ; and five hundred copies thereof shall be printed imme- 
diately on its passage, and distributed to the different post offices of 
Massac countv. 

Sec 8. This act to be in force two years from and after its 
passage, and no longer. 

Approved, February 26, 1847. 



AN ACT to improve the navigation of the Embarrass river. In force 

Feb'ry 27, 1847, 

Section I. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county commissioners' Co. com. courts 
courts of the counties of Coles, Cumberland, Jasper, Crawford, and t0 assess ,ax * 



3Q RIVERS. 

Lawrence, shall, at their next March term, and annually thereafter, 
assess a tax of not exceeding ten cents on each hundred dollars 
worth of taxable property, real and personal, in their respective 
counties ; and a column in the tax book shall designate the amount 
to be collected from each person, and which may be paid into the 
county treasury when collected, to be set apart by the county com- 
missioners' courts of said counties as a fund for the improvement of 
ihe navigation of the Embarrass river, in said counties respectively, 
superintendent. Sec. "2. It shall be the duty of the county commissioners' courts 
of said counties to appoint some suitable person as a superintendent 
of so much of said river as may be in each of said counties, com- 
mencing at New Albany, in Coles county ; and it shall be the duty 
of said superintendents, respectively, to procure hands to labor in 
removing all drifts, logs, trees, or other obstruction to flat-boat nav- 
igation in said river, between the months of June and November ; 
ray of laborers said laborers shall each be entitled to seventy-five cents per day tor 
each day's faithful labor, performed under the direction of said super- 
intendent, who shall keep a true and faithful account of all the labor 
performed by hands under him, and return the same to the county 
commissioners' court of the proper county, at their September or 
December term, who shall direct the clerks of their respective coun- 
ties to make and issue an order on the treasurer for the amount 
due each of said laborers, to be paid out of moneys set apart for 
that purpose. 
Duty of county Six. 3. The county commissioners' courts of said counties shall 
m. couus. ascertain annually, as near as possible, the condition of said river, 
and the amount of money necessary to raise by taxation, to be applied 
in like manner, and shall, at each March term of their court, appoint 
a superintendent to conduct said work, as required by the second 
section of this act; said superintendents shall be allowed one dol- 
lar and fifty cents for each day necessarily engaged in the perform- 
ance of their duties, to be paid in the the same manner as daily la- 
borers, and the superintendent shall have power to discharge any 
such laborers in his employ who shall not faithfully labor as directed 
by said superintendent, or who shall be guilty of any improper con- 
Proviso, duct while in the employment of said superintendent : Provided, 
however, that such laborers thus employed shall be entitled to full pay 
for the time they may have labored up to the time of such discharge : 
And provided, also, that the county commissioners of either of said 
counties shall have power at any time to remove any such superin- 
tendents and appoint a successor in their respective counties, when 
the interest of said work shall in their opinion require it. 

Sec 4. This act shall be in force from and after its passage. 
Approved, February 27, 1847. 



In force A ^ A ^ T ' l> ' evce ant * m3 ' c e certain improvements on the Wabash river. 

Febry. 18,1847. 

Section 1. Be it enacted by the People of the Stale of lllinoisi 

represented in the General Assembly, That Thomas C. Bailey, Wil- 

incorporation. ij am Cunningham, Charles D. Emmons and Archibald C. Baird, of 



RIVERS. Q7 

the county of Lawrence, and their successors, be appointed a board 
of directors to locate and superintend the construction of a levee, 
from a point on the Wabash river, at or near the town of Russell- 
ville, to the upper end of Dubois hills, who shall have full power 
and authority to construct said levee ; to adopt such measures as 
they may deem necessary for the construction, repair and preserva- 
tion of the same ; and to do all and everything that may be necessary 
to make said work answer the purposes of its construction. And 
are, also, for the purposes aforesaid, hereby made capable inlaw to 
contract and be contracted with, sue and be sued, to plead and be . 
impleaded, by the name and style of the "Board of directors for levee- 
ing the Wabash river on Allison prairie." 

Sec. 2. That all owners of real estate within the territory em- Future oflicers. 
braced in the following limits, to wit: townships three and lour 
north, range ten west, and township three north and range eleven 
west, shall, on the second Monday in April, eighteen hundred and 
forty-eight, and every two years thereafter, elect three resident free- 
holders of said territory, to succeed the board herein appointed, who 
shall hold their offices for two years, and until their successors are 
duly elected. 

Sec 3. The board of directors shall give three weeks' notice of Notice, 
said election, by posting up written notices in three of the most pub- 
lic places in said territory ; shall fix and regulate the time and man- 
ner of holding, conducting and directing said election; shall appoint 
judges and clerks, prescribe their duties, and make all other need- 
ful regulations appertaining to the same. 

Sec 4. Said board shall, at their first meeting, organize by ap-cierk. 
pointing one of their own body clerk, whose duty it shall be to keep 
and preserve all the books and papers belonging to the board ; and 
shall, also, adopt such rules and by-laws for their own government as 
they may deem right and proper. 

Sec 5. The board shall keep a book in which all its orders, Duties, &c 
resolutions and contracts shall be recorded and signed by those 
members of the board present at their adoption, and a majority of 
said board shall have all the power to act in all matters coming with- 
in the scope of the power herein conferred on said board, as fully 
and as completely as if the whole of said board were present and 
concurred therein. 

Sec 6. The board, as soon as practicable, and as often thereafter Examinations 
as they may deem proper, shall appoint two disinterested freehold- and assessments 
ers, whose duty it shall be to carefully examine the lands in said 
territory, to rate and assess the benefits said improvements are or 
may be to each tract or farm, and return the same under their hands 
to said board of directors, with a certificate endorsed and sworn to 
by them, that it is a true and faithful assessment, to the best of their 
judgments ; and said assessments shall be liens upon the different 
tracts of land upon which they are assessed, until they are fully 
paid. 

Sec 7. The board shall appoint a treasurer, whose duty it shall Duties of treas'r 
be to receive and collect all assessments and pay out moneys to the 
order of the board ; shall fix his compensation, and require such 
bond of him as they may think advisable. 

Sec 8. The board shall make out a duplicate of said assessment, collector. 
under their official signatures, with the amount to be paid by each 



gg RIVERS. 

person opposite his name, and hand the same over to the treasurer; 
which duplicate shall be his receipt for collecting (he same, and 
shall have the force and effect of a writ of fieri facias in the hands 
of said collector ; and all persons who shall not pay, or of whom 
said collector has not collected, the amount of their assessments, 
within six months from and after the delivery of said duplicate, shall 
be returned by him to said board as delinquents. 
Delinquents. Sec 9. The board of directors, to enforce the collection of said 

assessments, may file a certified copy of such delinquent list in the 
circuit court of the proper county, and cause summonses to be is- 
sued against such delinquents who may reside in said county, which 
summons shall be served by the sheriff of the proper county, and if 
served ten days before the first day of court, judgments may be 
rendered by said court against each of said delinquents, lor the 
sale of their lands for the payment of such assessments and costs, 
which sales and judgments shall be governed in all respects by the 
laws which may be in force, regulating the foreclosure of mortgages 
and the sheriff's sales consequent thereon. 
Non-residents. Sec. 10. If any of said delinquents be non-residents, notice of 
the pendency of such application shall be published in one of the 
nearest newspapers for six successive weeks, six months before the 
first day of court at which judgment may be rendered. 

Sec. 11. The board of directors shall have the right of way, and 
cause said levee to be made as near as practicable to the Wabash 
river, shall receive donations for building said levee, and shall cause 
said work to be done in a permanent and lasting manner. 

Sec 12. This act to take effect from and after its passage; shall 
be a public act, and be liberally construed for the purposes therein 
named. 

Approved, February 18, 1847. 



Right of way. 



In force AN -^ CT to locate a certain State road therein named. 

March 1, 1847. 

Section 1 . Be it enacted by the People of Ike State of Illinois, rcpre- 
Board. sented in the General Jlssembly, That Calvin Goudy, of Christian 

county, B. R. Austin, of Macon, Stephen Wilcox and Stephen A. 
Briggs, of Montgomery, and Barrel Tetrick^ of Macoupin counties, 
are hereby appointed commissioners to locate a State road as fol- 
lows, to wit: from Decatur, in Macon county, via Taylorville, in 
Christian county, through Montgomery county, via Staunton, in Ma- 
coupin county, to Edwardsville, in Madison county. 

Sec 2. The said commissioners, or a majority of them, shall 
Meeting. meet at Decatur on the first day of April next, or within six weeks 

thereafter, as they may agree on, and after being duly sworn before 
some judge or justice of the peace of the State, to faithfully and im- 
partially perform their duties, as required by this act, shall enter 
upon the discharge of the duties assigned them, and shall com- 
mence at Decatur and locate said road by Stonington, Christian 
county, to Taylorville, thence to or in the vicinity of Butler Sew- 



ROADS. gQ. 

ard's, on the west fork of Shoal creek, in Montgomery countv, to 
Staunton, tlicnce to Edwardsville; and that said road shall be located 
on the nearest and most eligible ground, having due regard to pri- 
vate property. 

Sec. 3. Said commissioners shall designate said road by blazes Designation. 
on trees through timber, and by setting up stakes through un- 
tiinbered ground, shall make out a plat of said road, with the course File plat, 
and distances from point to point ; which plat, when so made, shall 
be certified to by said commissioners, and a copy thereof filed in the 
offices of the clerks of the county commissioners' courts of the several 
counties through which said road may run. And the county com- Duty of co. com- 
missioners shall then cause so much of said road as lies within their missiuners. 
respective counties to be opened sixty feet wide and kept in 
repair, as other public highways are. 

Sec 4. The said commissioners shall make out and present to To file report, 
the county commissioners' court of each county, through which said 
road may pass, a certified copy of the time and number of hands ne- 
cessarily employed in each county ; and thereupon it shall be the du- 
ty of said courts to make a compensation for (he sums severally 
due, allowing to each commissioner the sum of one dollar and fifty compensation, 
cents, and to each hand one dollar, and to the surveyor two dollars 
per day, for every day necessarily employed in locating said road 
through their respective counties: Provided, that the count)' sur- Proviso, 
veyor of Christian county shall be employed as the surveyor in lo- 
cating said road. 

Sec 5. That section thirty-one of an act entitled "An act to Formeracts re „ 
locate, re-locate, vacate and establish State roads " is hereby repeal- pealed, 
ed. This act to be in force from and after its passage. 

Approved, March 1, 1847. 



AN ACT to improve the roads in the Illinois bottom. In force, 

Feb'ry 27, 1S47. 

Section 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That persons immediately in- Association. 
terested in any road leading to any ferry, warehouse, or landing on 
the Illinois river, that passes througli low, wet, or inundated land r 
that require more than the ordinary or legal road labor to keep them 
in repair, are hereby authorized to form themselves into associa- 
tions for the purpose of opening, grading, bridging, and keeping in 
repair such roads. 

Sec 2. In order to form such associations, a meeting may be Meeting. 
held at such time and place as any three of the citizens interested 
may agree; such three citizens to give notice of the time, place, and 
object of the said meeting, by posting up written notices of the same 
in three of the most public places on the road they wish to improve. 

Sec 3. When the citizens are convened in public meeting, as organization 
provided for in the second section of this act, they shall organize 
by appointing one of their number chairman, and another secre- 
tary ; they shall then determine by vote whether they will 
form themselves into a society or not ; if a majority voting shall 
agree to form such society, they shall then agree upon a name 



90 



ROADS. 



Powers. 



Action. 



by which the society shall be called and known, and elect, by ballot, 
a president and three directors, to be styled and known as the 

" President and directors of the road society," who shall hold 

their offices for two years from their election, and until their 
successors are elected and enter on the duties of their offices. 
The secretary shall keep a correct record of the proceedings of the 
meeting, and cause a certified copy of the same to be filed by him, 
and recorded in the recorder's office in the county or counties in 
which the road is situated; which record shall be taken and deemed 
in all cases sufficient evidence of the existence of such society. 
At all succeeding elections of president and directors, the president 
shall give ten days' notice of the same, and the president and di- 
rectors in office shall cause the same to be conducted in all respects 
as is provided by this act for the election of the first officers of the 
society. 

Sec 4. The president and directors of the society shall have 
power to locate or re-locate State or county roads between the 
bluffs or highlands and the river: Provided, such location shall 
not materially increase the length or distance of said road. When 
such location is made the president shall certify the same, setting 
forth in said certicate the distance, the commencement and termina- 
tion of said road, together with such other remarks as shall serve 
to identify the location of the road; which certificate shall be filed 
in the office of the county commissioners' clerk. 

Sec 5. The president shall call annual meetings of the society 
in the month of May, at which meetings the society shall determine 
by vote the number of days' labor each member of the society shall 
be required to expend on the road that year, or the amount of money 
each member of the society shall contribute for the improvement of 
the road that year, to be paid to the president at such time as the 

Notice. society shall determine. The president shall give notice of such 

meeting by posting up written notice of the same in three of the 
most public places in the vicinity of said road, setting forth the 
time, place, and object of said meeting. 

Sec 6. All moneys, labor, or other valuable thing subscribed, do- 
nated or given for the improvement of any road coming within the 
provisions of this act, shall be appropriated by the president and 
trustees of said road for the sole purpose of opening, grading, 
bridging, or macadamizing said road, or for making such other 
improvement on said road as the society shall direct, and for no 
other purpose. 

Owners of ferry. Sec 7. All persons owning ferries on the Illinois river, and 
who pay into the treasury of any county in this State any amount 
of money for the privilege of keeping said ferry, shall be permitted, 
and they are hereby authorized, to pay the amount of money now 
required by law or that may hereafter be required to be paid for 
said privilege, to the president and directors of the road leading to 
said ferry, and by them appropriated as other money for the im- 
provement of said road ; the receipt of the president of the society 
having charge of the road, to whom the money was paid, shall be a 
sufficient voucher to secure to the owner of said ferry, paying the 
money as aforesaid, license to keep such ferry, as is now, or may 
hereafter be, provided by law. 



Subscriptions. 



ROADS. 



91 



Sec. 8. When there is no society formed to improve a road License; how 
leading to a ferry, as provided in this act, the money paid by the api>iied ' 
owner* or owners of such ferry for license, to the county commis- 
sioners' court, shall be paid by the order of said court to the super- 
visor having charge of the road leading to said ferry, and shall be 
expended by him in improving that part of said road situated in the 
Illinois bottom. 

Sec. 9. Any person being a member of any society organized Labor on road. 
under the provisions of this act, and who shall have paid annually 
the sum of five dollars or more, or who shall have expended annu- 
ally live days' labor, under the direction of the president and trus- 
tees, shall not be liable to do road labor in any county in the State ; 
any person paying ten dollars, or working ten days annually, shall 
be exempt from road labor and road tax in the county in which he 
may reside; the receipt of the president for money paid, or his cer- 
tificate of labor performed, shall be sufficient evidence of the money- 
paid or the performance of labor. 

Sec. 10. All taxes imposed or assessed upon any ferry license, Taxes, 
for any ferry across the Illinois river, shall be, and the same is 
hereby, appropriated to making and keeping in repair the roads and 
bridges across the Illinois bottom, leading to or from said ferry; 
which said tax may be discharged in labor under the direction of 
the supervisor of the district in which said road may be located, 
and to no other purpose whatever, anything in any law to the con- 
trary notwithstanding. 

Sec 11. The road leading from the bluffs westward through state roac!. 
Moore's lane, in Scott county, to where it opens upon the prairie 
in the Illinois bottom, and thence on as direct a route as the nature 
of the ground will admit, to Mechanic's ferry, upon the Illinois 
river, be, and the same is hereby, established as a State road, to 
be opened and kept in repair as other State roads. 

Approved, February 27, 1847. 



AN ACT to locale certain roads in Coles and Moultrie counties, and to assess damages in In force, 

a certain case. March 1, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in, the General Assembly, That so much of the Darwin, Darwin, Charles- 
Charleston and Springfield turnpike road as lies between Spring-* " and Sp 1 " ns " 
field, the State house, and Millighan's, at and to mile post number 
ninety-three, from the Cumberland road at Marshall, in Clark county, 
which has been vacated, be and the same, as surveyed and located 
by the commissioners some years since, is hereby reinstated, estab- 
lised and declared a public highway, eighty feet wide, as laid out, to 
be considered as a part of said turnpike road, not to be altered in all 
time to come; the balance of said road, which has been vacated, sub- 
ject to future legislation, and which part so re-established shall be 
opened, worked, and kept in repair, by the several county commis- 
sioners' courts through which the same passes. 



92 



ROADS. 



Commissioners. Sec. 2. That Van S. Eastern, of Coles county, William Keller 
and John B. Fulton, of Moultrie county, be, and they are hereby, 
appointed commissioners to view, mark, survey and locate a State 
road, four rods wide, from a point on the turnpike from Charleston 
to Springfield, west of Marshall's grove, in Coles county, com- 
mencing on the swell of high prairie, between Marshall's grove and 
Neely's, about the thirty-ninth or fortieth mile post, thence in a 
north-west direction, on the most eligible route, to the Okaw "fiver, 
at or near the mouth of Fuller's branch, thence to Julian, thence to 
Sullivan, the seat of justice of Moultrie county. 

Sec. 3. Said commissioners shall also view, mark, survey and 
locate a State road, of the width above stated, from angle forty-three 
on the line of said turnpike, on section line west of Nelson, thence 
to Sullivan, in said county of Moultrie ; and (hey shall, with great 
care, view and locate said roads, making them as direct as practicable, 
with a view to permanent roads of the State, placing at suitable dis- 
tances three stakes of durable timber, one in the centre and the 
others at right angles on the margins of the road. They shall 
meet, a majority of whom may act, as soon as convenient after the 
passage of this act, take an oath before some justice of the peace of 
the county of Coles or Moultrie, faithfully, impartially, and to the 
best of their judgment, to locate said roads. On the first road to be 
located, a report and plat of the whole line from the turnpike to 
Sullivan shall be made to each county, Coles and Moultrie, and of 
the last named road, from angle forty three to Sullivan, to the com- 
missioners' court of Moultrie county ; Coles county to pay her pro- 
portional part on the first road, calculating the distance in the county, 
Moultrie county the balance. Said roads to be located and reported, 
at farthest, by the December term, 1847, [of the] commissioners' 
court ; and the survey and report of each road to be recorded and 
filed in each court. Each commissioner shall receive one dollar per 
day, surveyor two dollars, and hands fifty cents, for each and every 
day necessarily employed. An account of all incidental expenses, 
for provisions, teams and forage, shall be kept, rendered and paid 
for by the counties ; the county of Coles only paying her proportion 
on the first named road. So soon as established said road shall be 
opened, worked and kept in good repair by the several county com- 
missioners' courts, under their order and direction. 

Sec 4. The commissioners' court of Coles county are hereby 
authorized to appoint three good, disinterested, men of said county to 

view and re-value the damages which Wade has or will sustain by 

the location and opening of said turnpike road in Coles county, near 
Neely's, the valuation being made too high evidently ; and which so 
to be awarded being paid, thefencesshall.be removed, and said 
road opened full width ; the viewers taking into consideration the 
utility and advantage said road is or will be to said lands, owned by 
said Wade. 

Approved, March 1, 1847. 



Report. 



Compensation. 



Damages. 



ROADS. 



93 



AN ACT for the purposes therein named. In force, 

March 1, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That John A. Logan, of Jack- Board, 
son county, Hyram Pennoyer, of Union county, and J. C. Hodges, 
of Alexander county, be, and they are hereby, appointed commis- 
sioners to view, mark and locate a State road from Sparta, in llan- 
dolph county, to Thomas Ferrill's plantation, in Union county. 

Sec 2. Said commissioners, after being duly sworn before some To be sworn - 
justice of the peace, shall, as soon as practicable thereafter, proceed 
to perforin the duties as requirea by this act, avoiding as much as 
possible damage to private property. Said commissioners in a rea- 
sonable time thereafter shall cause to be filed a complete plat in the Plat, 
county commissioners' clerk's office of each county through which 
said road shall run, which report and plat shall be preserved and 
entered on the records of said courts. 

Sec 3. The said commissioners, shall have power to employ a Power of court. 
surveyor and such other persons as may be necessary in the survey 
and location of said road, and said commissioners and surveyor, and 
such other persons so employed, shall be allowed a reasonable com- Compensation. 
pensation for the time necessarily employed, out of the treasury of 
the respective counties through which said road may pass, in pro- 
portion to the time employed in each of said counties in laying out 
said road ; and when said road is laid out as aforesaid, the county 
commissioners' courts of the aforesaid counties shall cause the same 
to be opened and kept in repair as other State roads are. 

Approved, March 1, 1847. 



AN ACT to locate a State road and build a bridge. In force, 

Feb'ry 27, 1347. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Thomas Key es, Alexan- Board of com- 
der Myatt and William Mc Adams are hereby appointed commis- ^USS10ne,s • 
sioners to view, mark and locate a State road from Salem, in Marion 
county, to Highland, in Madison county, passing through Keyes' 
post, and by McAdams' mill, in Clinton county, upon the most suit- 
able ground along said route, pursuing the line of the road leading 
from Salem, in Marion county, to Greenville, in Bond county, to the 
pomt where the same crosses the Marion county line, doing as little 
injury to private proDerty as possible. 

Sec. 2. Said commissioners, or a majority of them, shall meet at When to meet. 
Keyes' post on sume day previous to the first day of August next, 
and after being duly sworn before some justice of the peace, faithfully 
to view, mark and locate the said road, shall proceed to do the same 
as above described. 

Sec 3. Said commissioners shall make out a map and report of shall file plot, 
said road, and file a certified copy thereof in the county commission- 



94 



ROADS. 



To build bridge 



Tolls. 



Proviso. 



ers' court of the county of Madison and Marion, and the original in 
the county of Clinton, with the clerk of the county commissioners' 
court thereof. 
Damages. Sec 4. In case any owner of land over which said road shall 

pass, shall object to the passage thereof and demand damage, said 
commissioners shall assess the same, and said damages shall be paid 
out of the treasury of the county in which the said land is situated, 
v with the right of appeal as is provided in the ninety-second section 
of the revised code, concerning right of way, approved March 
third, one thousand eight hundred and forty-five. 

Sec. 5. The said road, when located, marked and viewed, shall 
be henceforth deemed a public road, and shall be kept and opened 
as such. 

Sec. 6. The said Thomas Keyes, and his associates, are hereby 
authorized to build a bridge across the Okaw river at Keyes' post, 
in Clinton county, and to charge such customary tolls and rates for 
crossing the same as may be fixed upon by the said Keyes and the 
county commissioners' court of Clinton county : Provided, that no 
toll or charge shall be collected from any citizen of the counties of 
Marion, Fayette, Bond or Clinton, for crossing said bridge, but to 
them the said bridge shall always be and remain free. 

Sec 7. The owners of said bridge shall be bound at all times to 
allow persons to cross said bridge with their stock, wagons or what- 
ever else they may desire to cross, without hindrance or unreasona- 
ble delay, upon the terms above specified, and he shall keep and 
preserve the said bridge in good repair so as to afford a speedy and 
secure a passage across said river : Provided, that he shall not be 
liable for casualties beyond his control ; and he shall in consideration 
of such accommodation to the public, have the exclusive right of 
crossing the travelling custom for a space of two miles above and 
two miles below said bridge, for the term of twenty years after the 
completion of said bridge. 
Liability. Sec 8. The proprietors of said bridge shall be liable to the 

county of Clinton for the sum of two dollars each day that the said 
bridge is allowed to be out of repair, so that the travel cannot be 
speedily and safely carried on thereby, unless incases contemplated 
in the proviso to the preceding section. 
Damages. Sec 9. The counties through which said road shall pass, shall 

not, in any event, be required to pay any damage or damages assessed 
for the right of way along the said route ; and that no road shall be 
opened where damages shall be claimed for the passage of the road, 
unless they are paid by the said Thomas Keyes and his associates, 
and nothing in this act to be construed otherwise than as in this 
section is provided. 

Sec 10. The said bridge shall be completed within three 
years from and after the passage of this act. 

Sec 11. This act shall take effect and be in force from and after 
its passage. 

Approved, February 27, 1847. 



ROADS. 95 



AN ACT to locate, re-locate, vacate and establish certain State roads. In force, 

March. 1, 1847. 

Sectiox 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That the commissioners appointed Equality to Ma- 
in section 36, of the act of last session in relation to roads, to locate rion. 
a road from Equality, in Gallatin county, to Marion, in Williamson 
county, not having attended to the same, John Lane and John Cain, 
of Gallatin, and William Pulley, jr., of Williamson county, are 
hereby appointed commissioners to view, survey, and locate said 
road as contemplated in said act, who shall, or a majority of them, 
meet and locate said road, and make report to the commissioners' 
court of each county as soon as practicable, at farthest by the first 
Monday of December next, 1847. 

Sec. 2. That Duncan Ferguson, of Winnebago county, Philip Rockford to ot- 
R. Bennett, of Ogle county, and Charles H. Sutphen, of LaSalle tawa " 
county, be, and they are hereby, appointed commissioners to view, 
mark, survey, and locate a State road from Rockford, in Winnebago 
county, to Ottowa, in LaSalle county, through or near the follow- 
ing points : commencing at Rockford, and running thence, on the 
river road, to the bridge across the Kishwaukee river, thence to the 
section line two miles east of the third principal meridian, thence 
along said section line south, to or near the head of Jefferson grove, 
thence through or near Twin groves, thence to or near the west 
end of Papaw grove, thence to Earlville, in LaSalle county, near 
the head of Indian creek timber, thence to Munsontown, and thence 
to Ottowa, in LaSalle county. 

Sec. 3. That James H. Spicer, Michael Engle and J. G. David- Astoria to Fui- 
son, of Fulton county, be, and they are hereby, appointed commis- on * 
sioners to view, mark, survey, and locate a State road, to com- 
mence at the town of Astoria, in Fulton county, and running from 
thence on the nearest and most practicable route to Wentworth's 
mill, by Duncan's mill, and from thence, on the nearest and most 
eligible route, to Lewiston, in said county of Fulton. Said commis- 
sioners, when they shall commence the location of said road, shall 
meet at the town of Astoria. 

Sec 4. That Harvey M. Jarboe, Robert Wills and Joseph Bridgeport and 
Barney, of Pike county, be, and they are hereby, appointed com- N> Bedford ferry 
missioners to view, mark, survey, and locate a State road, com- neW< 
mencing at the Bridgeport and ISewbedford ferry landing, in Pike 
county, thence west, so as to intersect the county road running 
through Pearl prairie, to Milton, at the south-west corner of section 
sixteen, township six south, range two west, thence, on the nearest 
and best ground, to Joseph Barney's mills, on Bay creek, thence to 
Pittsfield, in the county of Pike. 

Sec. 5. So much of the road now laid out and traveled, leading state road from 
from the town of Bridgeport, in Scott county, to Wilmington, in Bridgeport to 
Greene county, as lies in the county of Scott, is hereby declared a ' ming on " 
State road, and thepounty commissioners of Scott county are hereby 
authorized and required to keep the same in good repair ; and so 
much of said road as lies in the county of Greene is hereby de- 
clared to be a State road, and the county commissioners of Greene 
county are hereby required to keep said road in good repair. 



96 



ROADS. 



O.Harrison's, in Sec. 6. That Joseph Levers and J. VV. Alexander, of Monroe 

Monroe co., to coun ty and Isadore LeCompt, of St. Clair county, be, and they are 
Prairie du Pont, •" . . . r ' . 1 J , i 

in st. Clair co. hereby, appointed commissioners to view, mark, survey, and locate 
a State road, on the nearest and most eligible route for a permanent 
road, from Obed Harrison's, in Monroe county, to Prairie DuPont, 
in St. Clair county : Provided, that two-thirds of the expenses in- 
curred under the sixth section of this act shall be paid by Monroe 
county, and one-third by St. Clair county. 
Chicago to Dix- Sec. 7. That John Windett, John Eglington and Benjamin F. 
•em's ferry. Fridley be, and they are hereby, appointed commissioners to view, 
mark, survey, and re-locate a part of the State road leading from 
Chicago, in Cook county, and crossing Rock river at Dixon's ferry, 
viz : to commence at the Blackberry bridge, near the house of 
Solomon Stebbins, in the county of Kendall, and from thence to the 
bridge on Big Rock creek, near the house of Morris Haddins, in 
the county of Kendall. Said commissioners to meet at the house of 
said Solomon Stebbins. 
La Salle to Sa- Sec. 8. That John McLemore and A. M. Worthington, of 
•vanna. Whiteside county, Thomas Epperson, jr., of Bureau county, and 

John H. Henderson, of LaSalle county, be, and they are hereby, 
appointed commissioners to view, mark, survey, and locate a State 
road from the town of LaSalle, at the termination of the Illinois 
and Michigan canal, LaSalle county, to Sterling, on Rock river, 
Whiteside county, and thence to Savanna, in Carroll county. 
La Salle to Gr'd Sec 9. That Berton Ayres, of LaSalle county, William B. 
de Tour. Bruce, of Bureau county, and Daniel Baird, of Lee county, be, and 

they are hereby, appointed commissioners to view, mark, survey, 
and locate a State road from the town of LaSalle, termination of the 
Illinois and Michigan canal, to Grand de Tour, on Rock river, in 
Ogle county, passing through Perkins' Grove, so as to strike the 
line between Stephen Perkins' and Jacob Betege's farms, thence 
passing through Palestine Grove to mills known as Dexter's mills, 
thence to the terminating point, Grand de Tour. 
Chicago to Rock- Sec 10. That George A. Knowl-es and E. F. Colby, of Cook 
ford- county, and Elijah Wilcox, of Kane county, be, and they are hereby, 

appointed commissioners to view, mark, survey, and locate a State 
road, on the most eligible route for a permanent road, from Chicago, 
thence in a north-west direction towards E. B. Sutherland's, thence 
crossing the Desplaines river at Brook's bridge, thence passing 
through and near the centre of Elk grove, thence to Dundee, 
thence to Pleasant grove, near Smith's tavern, thence to intersect 
with a State road running through Elgin and Belvidere to Rock- 
ford. 
Bioomington to Sec. 11. That Matthew Robb, of the county of McLean, Sam- 
Spring Bay. ue j Arnold an( j James Boyce, of Woodford county, be, and they 
are hereby, appointed commissioners to view, mark, survey, and 
locate a State road from Bioomington, in McLean county, the 
nearest and best route to Bowling Green, in Woodford county, 
thence to the school house in Panther creek district, in township 
twenty-six north, range one, west of the third principal meridian, 
thence the nearest and best route to Metamora, the county seat of 
Woodford county, thence to Spring Bay, on the Illinois river. The 
county commissioners' courts of the respective counties, through 
which said road shall pass, are hereby authorized to make such 



ROADS. 97 

changes in said road from lime to lime as the public good or con- 
venience may require, in the same manner as is now provided by 
law ibr changing county roads. 

Sec 12. That Hamond Shoemaker, William Wilson and Thomas Kaskaskia to 
Swigleton, of Monroe county, be, and they are hereby, appointed 0U1S * 

commissioners to re-view and re-locate so much of the State road 
lending from Kaskaskia to St. Louis as lies between the branch 
south of the late residence of Isabella Hill, deceased, in Monroe 
county, and the point where said road strikes the American bottom, 
north of the late residence of said Isabella Hill: said commissioners 
are hereby authorized to re-locate said road as near as they may 
find it practicable, as follows, to wit : commencing at or near the 
branch where said road now crosses, south of the late residence of 
said Isabella Hill, and to run in a northern direction, on the most 
suitable and convenient ground, until it intersects said road at or 
near the place where the same road strikes the American bottom 
on the north of the late residence of said Isabella Hill. 

Sec 13. That the fourth principal meridian from Beardstown, Fourth principal 
on the Illinois river, in the county of Cass, to the point north of n -e'ittum fiecla- 
where said line strikes the Mississippi river above Rock river, in re abdtei0dG - 
Kock Island county, be, and the same is hereby, declared a State 
road four rods wide, a permanent road, to be opened, worked and 
improved from year to year by the authority of the several county 
commissioners' courts through which said meridian line may run ; 
and it shall be the duty of the county commissioners' courts of each T ^ be opened 
and every county interested as above, to cause said road to be wl 
opened and made passable for travel without delay. Should said line 
not run on suitable ground to accommodate the public for a perma- 
nent road, in the county of Rock Island, and a change may be 
necessary, the county commissioners of said county are hereby au- 
thorized and required to appoint viewers to make a correct location, 
who shall carefully locate the same to any town or point on said 
river in the county, return the survey and plot of the same to be survey and plat 
recorded, may continue said meridian line north to the Mississippi* berecorded * 
river, and make a line, diverging at a suitable point in township 
sixteen or seventeen, to any point on the river in said county. 

Sec. 14. That James Russell, Jacob Battenburg, jr., and Wil-View. 
liam McCurdy, of Fulton county, be, and they are hereby, appoint- 
ed commissioners to view, mark, survey, and locate so much of 
said road as follows, viz : commencing on said fourth principal 
meridian line opposite to Moses C. Mathewson's, one mile north- 
west of the town of Vermont, diverging east, passing through said 
town of Vermont, and thence running south-west to intersect said 
meridian line near William McCurdy's. 

Sec 15. That Levi Cantwell, of Sangamon county, Henry C. Springfield to 
Rogers, of Menard county, and J. M. Fisk, of Mason" county, be. Liverpo01, 
and they are hereby, appointed commissioners to view, mark, 
survey, and locate a State road from Springtield, in Sangamon 
county, thence to Claywell's ford, or the " Horse Shoe," on the 
Sangamon river, thence to Athens, thence to Mew Market, thence 
to Walker's Grove, thence to Quiver, and thence to Liverpool, on 
the Illinois river. 

Sec 16. The road from Liverpool, on the Illinois river, to Liverpool to 
Canton, in Fulton county, constructed by the county and individual Canton - 
7 



98 



ROADS. 



To be free. 



citizens, at a heavy expense in grading and making the same a 
permanent road, is hereby declared a State road, i'our rods wide, 
and, at the special instance and request, by petition, of the county 
commissioners' court and those individuals, citizens who con- 
structed the same, a free public road in all time to come; no toll 
gates to be erected thereon. 
Third principal Sec. 17. That the third principal meridian line from the north 
meridian. ]in e f Massac county, north to the Illinois river, or to such point 

on said line south of the Illinois river, in the county of La Salle, as 
will be suitable, and the true point to diverge from said meridian 
line, so as to locate and extend a good location to the main ferry 
landing on said river, to cross into the town of La Salle, over the 
lower lock, number fourteen, at the termination of the Illinois and 
Micbigan canal, be, and the same is hereby, declared a State road 
four rods wide, 
commissioners. Sec 18. That William Byrne, G. Tullis and George W. Gil- 
son, of the county of La Salle, be, and they are hereby, appointed 
noute. commissioners to view, mark, survey and locate a State road Irora 

the most suitable and the true point on said third principal 
meridian line, south of the Illinois river, to the main ferrj r landing, 
opposite said town of La Salle, named in the first section of this act, 
on said river ; thence through the bottom en the north side of said 
river to said town of La Salle, crossing said lock number fourteen ; 
which location shall be made with great care, with a view to a per- 
manent road four rods w r ide ; they shall report their view, survey 
a:,d location, as soon as practicable after location, to the commission- 
ers' court of La Salle county, to be recorded and carefully filed. 
County comm'rs ^ec. 19* The commissioners' court of Massac county are hereby 
coin tor Massac, authorized, and it shall be their duty, to appoint three good men of 
that county, commissioners to view, mark, survey and locate the 
southern end of said road, from the point on the north line of said 
county where said third principal meridian crosses, or from any 
other point on said line, north or south, that may in their judgment 
be more suitable to make a good location for a permanent road to the 
bank of the Ohio river at Metropolis city; which location and sur- 
vey they shall report to the commissioners' court of Massac county, 
to be made as soon as practicable thereafter, to be recorded and filed 
Road; when to in said office ; and it shall be the duty of the commissioners' 
e opened. courts of the several counties interested, through which said road 
shall pass from tiie Ohio river to the said town of La Salle, in La- 
Salle county, to cause said road to be opened without delay, made 
passable for traveling, and to cause the same to be improved from 
year to year with a view of making the same one of the main, im- 
portant roads of the State, 
nioomington to Sec. 20. That doctor Hobbs, of Bloomington, Palmer Holmes, 
Farmington. f Tremont, Abraham Wollaston, of Pekin, and James Mason, of 
Farraington, be, and they arc hereby, appointed commissioners to 
view, mark, survey and locate a State road from Bloomington to 
Concord, in McLean county, thence to Mackinawtown, in Tazewell 
county, thence to Pekin, on the Illinois river, from thence to Farm- 
ington, in Fulton county, who shall carefully locate said road ; and 
in making said location, if in their opinion the two points, Tremont 
and Mackinawtown, can be embraced in running and locating said 
road without prejudice to the public, they shall locate said road 



ROADS. 



99 



through those two last named towns, if not, they shall locate other- 
wise, keeping in view the public good and the permanency of the 
road., 

Sec 21. That Benjamin F. Gatton, of Mason county, Har- Lewiston to 
vey McHenry, of Cass county, James M. Robinson, of Menard Petersburg - 
county, and Hugh Lemaster, of Fulton county, be, and they 
are hereby, appointed commissioners to view, mark, survey and 
locate a State road from the town of Lewiston, in Fulton county, 
via Duncan's mills, on Spoon river, thence to Bath, thence to a point 
at or near Sycamore ford, on the Sangamon river, thence, on the 
nearest and best ground, to Petersburg. 

Sec. 22. That George H. Norris, county surveyor of La Salle County surveyor 
county, be, and he is hereby, authorized aud required to make an of La Salle " 
alteration and re-location of a part of the State road, formerly laid out 
from Peru, on the Illinois river, via Dixon, Elkhorn Grove, and on 
to Galena, by G. W. Gilson and others — that part of said road next 
to Peru ; that is to say, said commissioner and surveyor shall com- 
mence at the north-east corner of the east half of the south-west 
quarter of section number eight, township thirty-three north, range 
one east, running from thence north one half mile on land lines, and 
from thence in a right line to a point where the present road crosses 
the west line of section five, and from thence on a direct line to the 
east point of Lost Grove, and from thence as by the present location. 
Said road shall be surveyed and staked out ; a report, with a plot of 
same returned to the commissioners' court of the county, recorded 
and filed. So much of the original location and road, as changed 
by this act and re-location, is annulled and vacated. 

Sec. 23. That Warren Smith and Reuben Austin, of Du Page From Du Page 
county, and Horace N. Goodrich, of the county of Kane, be, and™™* to Kane 
they are hereby, appointed commissioners to view, mark, survey 
and locate a State road, commencing on the highway near the house 
of Cornelius Jones, in the county of Du Page, and running thence 
to some point on Fox river, in the county of Kane, within two miles 
south of Stapp's mill. 

Sec 24. That so much of the State road (known as the Wabash Part of Wabash 
and Shelbyville road) as lies between the south-west corner of sec- and , Snelbj T 1,e 
tion number thirty- three, in township eight north, range twelve 
west, in the county of Crawford, and so much of said road as lies 
between James Matheny's, in Crawford county, and Benjamin Ma- 
theny's, in Jasper county, be, and the same is hereby, annulled and 
vacated. 

Sec 25. That Robert Debaw, of Jasper county, and R. G. Mor- 
ris and W. B. Baker, of Crawford county, be, and they are hereby, 
appointed commissioners to re-locate said road, as follows : begin- 
ning at the south-west corner of section thirty-three, thence west, 
as near as practicable, having respect to private property, to the 
south-west corner of section thirty-one, in township eight north, of 
range twelve west, and thence to connect the old location by the 
nearest and best route, thence from James Matheny's, in Crawford 
county, to the town of Bellair, thence to Benjamin Matheny's, in 
Jasper county, on the nearest and best route. 

Sec 26. That Joseph Wilson and Newton Paxton, of Du Page From schooi- 
county, and William H. Hawkins, of Kane county, be, and they a re house ' n J DuPa s e 

I, i • j. j • • . i «" ' , / county, to Auro- 

nereby, appointed commissioners to view, mark, survey and locate ra , in Kane co. 



100 



ROADS. 



a State road from the school house near Langdon Miller's, in Da 
Page county, to Aurora, in Kane county. 

Sec. 27. That George D. Howe and George W. Wait, of Da 
Page county, and John H. Hood of Kane county, be, and they are 
hereby, appointed commissioners to view, mark, survey and locate 
a State road commencing at a point on the public highway, east of 
the house of John H. Hood, running thence to the Big Slouch bridge, 
near the residence of William C. Todd, in Du Page county. 

Laconroad. Sec. 28. That Joshua Evans and Livingston Roberts, of Mar- 
shall county, and Evans, of Livingston county, be, and they are 

hereby, appointed commissioners to view, mark, survey and locate 
a State road, beginning at the ferry at the town of Lacon, in Marshall 
county, running in a north-eastvvardly direction, to Roberts' Point in 
said county, from thence to Big Sandy, from thence to Long Point, 
on the Big Vermilion, in Livingston county, and from thence, on the 
nearest and best route to intersect the State road running from Peru, j 
in La Salle county, to Lafayette, in Indiana. 

Main street, in Sec 29. That Main street in the city of Quincy, Adams county, 

cU . y of Q»»ncy, De aiK [ t j le same j s hereby extended from Wood street, in said city, 
extended. ' ■» . J * ] 

one mile east, eighty-two and a halt Jeet in width, so that the south J 

line or margin of said road shall strike the north-west corner of the I 

Quincy cemetery; and that John Wood, John Wood, 2d, and William j 

Thompson, or a majority of them, be, and they are hereby, appointed! 

commissioners to view, mark, survey and locate a road, eighty-two 

and a half feet in width, commencing at the north-west corner of] 

the said Quincy cemetery, or the termination of the said Main slreet, ] 

as extended to the cemetery by the provisions of this section, run-1 

ning thence eastwardly. or a north-east direction, as the case may re- j 

quire, on the most eligible and best way, so as to intersect the pres- I 

ent road leading out from Quincy near the residence of I. N. Mcr- I 

ris ; which road when so located shall forever remain a public State 1 

road, of the width above stated, eighty-two and a half feet. 

Edwardsville to Sec. 30. That Stephen Wilcox, jr., of Madison county, Burrel 

Decatur. Tefrick, of Macoupin county, Stephen Briggs, of Montgomery 

county, Calvin Goudy, of Christian county, and B. R. Austin of] 

Macon county, be, and they are hereby, appointed commissioners to 

view, mark, survey and locate a State road from Edwardsville, i 

Madison county, to Decatur, in Macon county, as follows, viz : com 

men: ing at Edwardsville, thence to Staunton, in Macoupin county, 

thence to Butler Seward's, in Montgomery county, thence to Tay 

lorville, and thence to Stonington, in Christian county, thence t 

Decatur, in Macon county. Said commissioners, or a majority o; 

thein, shall meet at Edwardsville, and shall, with great care, vie 

out and establish said road, four rods wide, on the most elijjibl 

and suitable ground for a permanent road, making the same fro 

point to point given as direct as practicable ; at suitable distances the 

shall place three stakes of durable timber, one in the centre, and the 

others at right angles on the margins of the road. 

Sec. 31. That William E. Buckingham, of the county of Wood 

ford, Levi Wilcox, of the county of Marshall, and Guy Pool, of the 

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

to view, mark, survey and locate a S'ate road from Spring Bay, in 

Woodford county, via Lacon, in the county of Marshall, thence to 

Hennepin, in Putnam county, on the Illinois river. 



Width. 



Spring Bay to 
Hennepin. 






ROADS. 101 

Sec. 32. That Jesse Brown, John L. Turner and John L. noad from Ha- 
Chase, oi' Mason county, be, and they are hereby, appointed com- vana » Mnson c0 " 
misshmers to view, mark, survey and locate a State road from Ha- 
vanna, on the Illinois river, to the point on the road leading from Liv- 
erpool to Springfield, where said last named road shall cross Crane 
creek, uniting at that point with a view of crossing on that bridge 
in sai:l county of Mason. Said commissioners shall locate said road 
with care, on the best ground, with a view to a permanent road, and 
in doing which they shall endeavor to do as little damage to indi- 
vidual property as practicable, and to reconcile and conciliate the 
views of citizens owning property on the line of said road to the 
location which they shall make. 

Sec. 33. It shall be the duty of each and every board of com- Duties of com- 
missioners appointed by this act, to view and ascertain the most lmssloners * 
eligible route, and make as direct and straight location, shortening 
the distance, as practicable, with a view to the erection of bridges 
across streams and water courses and the permanency of the road ; 
and in every case they shall ascertain, as far as practicable, where 
damages are or will be claimed by individuals through whose lands 
any of the roads hereby authorized may run, and report the probable 
amount thereof, and the names of the owners of such la' ds and pro- 
perty, to the county commissioners' court of the county in which 
said lands may be situated at the time of making their report, as 
now required by la v; the act amending the general road law passed 
at the present session. 

Sec. 34. Said commissioners shall return a plat with the courses 
and distances, with such remarks in their report as they may deem 
material in relation to the road, for the information of the court and 
the interest of the public, returning a plat to each commissioners' 
court, of the whole road through which the same may pass, giving 
an entire view of the location of the whole road, which shall be filed 
and recorded. 

Sec 35. It shall be the duty of the commissioners, in each and 
every case, appointed in this act, to locate the road or roads author- 
ized and required by this act as soon as practicable, without unne- 
cessary delay ; and they shall report to the commissioners' c <nrts 
as soon thereafter as convenient, and each and every road shall be 
located and reported at farthest by the first Monday in December, 
A. D. 1847. 

Sec. 36. In all cases the compensation shall be as follows, viz: Compensation. 
to a commissioner, one dollar per clay ; to a surveyor, two dollars ; 
to chain-men, axe-men and other hands, fifty cents per day, for each 
and every day necessarily employed, exclusive of incidental expen- 
ses for provisions, forage and the hire of teams. They shall keep an 
accurate account of the time employed and the amount of expenses in- 
curred, the person to whom clue, and certify the same to the court 
or courts, as the case may require; the whole being added, each 
county shall allow and pay the amount due, in proportion to the dis- 
tance or length of road in each county, as contemplated and certified 
by the road commissioners, a full exhibit being made to each court, 
which allowance shall be made by the respective courts. 

Sec S7. It shall be the duty of each and every commissioners' counties to keep 
court, through whose county any road herein authorized and esta- roads in repair, 
blished may pass, to cause the same to be opened, worked and kept 



2Q2 ROADS. 

in good repair, as far as the road labor of the hands in the county and 
the means of the county will justify and extend, 
county comm'rs Sec. 38. The commissioners' court of Christian county shall, 
of Christian co. w Jthout further delay, allow and pay to the individuals who may 
hold the certificates of indebtedness, the proportional part of the cost 
and expenses, as certified and signed by the board of commissioners, 
who some years since extended the location of the Darwin and 
Charleston turnpike from Charleston to Springfield, through the 
counties of Coles, Shelby, Macon, Christian and Sangamon. The 
Collector of collector of taxes for said county is hereby authorized and re- 
quired to receive said certificates of indebtedness, signed by said 
board of commissioners, when presented, as far as the county reve- 
nue due from any individual shall extend on said county of Christian, 
and the amount thereof, on presentation by him to the court, shall 
pass to his credit, and subsequent collectors shall receive them in 
like manner as above stated. 
Comm'rs to be Sec 39. In all cases of road commissioners or viewers appointed 
sworn; by whom by the State or any county commissioners' court, it shall be lawful 
for them to be sworn in by a justice of the peace or any clerk or 
other officer authorized by law to administer oaths. 
Ottawa to Peru. Sec. 40. That William Byrne, Thomas W. Hennessy and Daniel 
Cosgrove, be, and are hereby, appointed commissioners to re-locate a 
part of a State road leading fromOttowa to Peru, commencing at the 
west side of section four; in township thirty-three, range one east of 
the third principal meridian, running through the north half of sec- 
tion five, to the Pecumsogin creek, where the road is now traveled, 
passing near the centre of the north-east fourth of section six, thence 
south-west to intersect the State road where now laid out, at or near 
the bridge on the farm of Isaac Hardy. To be left with said com- 
missioners to select the most eligible ground. 
Approved, March 1, 1847. 



In force, • AN ACT to establish a road from Fox to Rock river. 

Febry. 28, 1847. 

Section 1. Be it enacted by the Peop'e of the State of Illinois, 
represented in the General Jlssembly, That the section line between 
townships thirty-nine (39) and forty (40), fifty feet upon such line 
from Mill creek, on Fox river, in Kane county, to Rock river, on 
the line dividing tne counties of Ogle and Lee, be, and the same is 
hereby, declared a public highway, and the county commissioners* 
courts are directed, if practicable, to cause said road to be opened 
and worked in the same manner that other State roads are opened 
and kept in repair. 

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

Approved, February 28, 1847. 



ROADS. 1Q3 



AN* AOT to an?iid •' An act t"> locite a State road from 13atavi;,in Kane county, to Inforce, 

David Bennett's, in DuPage county," approved February 11, 1845. Feb'ry 23, 181" 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That the acts or Jacob A. Galusha 
and David Bennett, in viewing, surveying, marking, and locating 
said road in the absence of Isaac Wilson, be, and the same are, 
declared to be as good and lawful, and the said road so laid out, and 
located, shall be deemed and taken to be a public highway, accord- 
ing to the true intent and meaning of said act to which this is amen- 
datory, and the laws of this State, as though all of said commission- 
ers had joined in the duties assigned them by said act. 

Approved, February 28, 1847. 



AN ACT to establish a State road from Rockford northerly to the State line. In force, 

Feb'ry 28, lS-l". 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That Selden M. Church, Na- 
thaniel Howland and Joseph G. Prentice, of Winnebago county, be, 
and they are hereby, appointed commissioners to view, mark and 
locate a State road, from Rockford, in said county, to the State line, 
in the direction of Beloit, in Wisconsin territory, by the way of 
Roscoe, in said county of Winnebago. Said commissioners, or any 
two of them, shall meet at the ''Rockford House," in Rockford afore- 
said, on the first Monday of May next, or so soon thereafter as prac- 
ticable, and after being duly sworn, shall proceed to view, mark 
and locate said road, on the nearest and best route. The said com- 
missioners shall be required to return to the clerk of the county 
commissioners' court of said county, a report and correct plat of said 
road, which report and plat shall be entered on the records of said 
court, and the county commissioners' court of Winnebago county 
shall cause the same to be opened and kept in repair as other State 
roads are. The commissioners appointed under this act, or such 
other persons employed by them, in the duties enjoined upon them 
by this act, shall receive a just and reasonable compensation for the 
time necessarily employed in viewing, marking and locating said 
road, to be paid out of the county treasury of Winnebago county. 

Approved, February 28, 1847. 



AN ACT concerning a portion of the Northern Cross railroad. In f orcp 

Febry. 26, \SiZ. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That so much of the Northern Declared a state 
Cross railroad as lies within the county of Adams, be, and the same roa(1, 
is hereby, declared a State road, and the county commissioners' 



104 



ROADS. 



court of said county of Adams is required to keep the same in re- 
pair, as other State roads are. 
Reservation. Sec. 2. And be it further enacted, That the above grant is upon 

this express condition, that, if at any time the State, or any company, 
or persons, authorized by the Legislature, should, at any time, wish 
to use or occupy said railroad, they are hereby authorized to take 
possession of and use the same, anything in this act to the contrary 
notwithstanding. 

Sec. 3. This law to be in force from and after the passage there- 
of. 

Approved, February 26, 1847. 



In force, AN ACT to legalize roads laid [out] by order or the county commissioners' court of Lake 
Feb. 17, 1847. county, from Juneiirsi to the tenth day of September, 1S45 inclusive. 

Section 1 . Be it enncted by the People of the State of Illinois, rrp- 
resented in the Genet al ^sse/jiW//,That all roads laid [out] by the order 
of the county commissioners' court of the county of Lake, in the Mate 
of Illinois, from the first day of June, 1845, to the tenth day of Sep- 
tember, 1845, inclusive, be, and the same are hereby, legalized. 

Approved, February 17, 1847. 



I.', fnrre, A.N ACT to establish a State road from Bath, in Mason county, to Wavcrly, in Morgan 
Fob- ry 19, 1547. county. 

Section 1. Be it evaded by the People of the Stale of Illinois, re- 
Board. presented in the General Assembly, That B. H. Gatten, of Bath, in 

Mason county, James Connover, of Cass county, and C. F. Turner, 
of Morgan county, be, and they are hereby, appointed commission- 
Route, ers to re-view, mark and locate a. State road in m Bath, in Mason 
county, to Waverly, in Morgan county, on the nearest and best route, 
and always taking into consideration the general locality of the 
country, and doing as little damage to private property as possible. 
Duty. Sec 2. Said commissioners shall meet at the town of rfeith, in 
Mason county, on the third Monday in May next, or as soon there- 
after as practicable, and after first being duly sworn before some 
justice of the peace, faithfully to discharge the duties fequired bv 
this act, shall then proceed tore-view, mark and locate said road, 
and shall make report to the county commissioners' clerk oi* their 
respective, counties, and by them to be filed, and particularly noting 
the principal points in said road ; and said road, when laid out, shall 
be a public highway, and the county commissioners' courts of said 
counties shall cause the same to be opened sixty feet wide, and 
worked and kept in repair as other State roads ; each of said coun- 
ties to pay an equal portion of the expense of locating said road. 
Surveyor Sec 3. The said road commissioners shall employ some suitable 
person to survey said road, and also suitable persons for chain-car- 



ROADS. 105 

riers ; and the said surveyor and chain-carriers shall be sworn be- 
fore some justice of the peace, to faithfully perform their several 
duties as surveyors and chain-carriers. 

Sec 4. The following compensation shall be allowed, as follows. Compensation. 
to wit : the commissioners of said road shall be allowed one dol- 
lar per day for their services, the surveyor shall be allowed two 
dollars per day, and the chain-carriers shall receive one dollar per 
lav, for their services, when actually engaged in their several du- 
ties. This shall apply to all of said officers herein named. 

Approved, February 19, 1847. 



AN ACT declaring a certain road therein named a State road. In force, 

Feb'ry 16, 1817. 

Whereas, the road leading from Liverpool, to Canton, in the county 
of Fulton, has been constructed across the bottom, near and ad- 
joining Liverpool, at an expense of many thousand dollars, one 
thousand four hundred dollars of which has been paid by the 
county of Fulton, and about three thousand dollars paid by volun- 
tary contributions from the citizens of said county, therefore, 

Section 1. Be it enncted by the. People of 1he State of Illinois, 
represented in the General Jlssembly, That the said road leading from stateroad ' 
Liverpool to Canton, in the county of Fulton, as now laid out, be, 
and the same is hereby, declared a State road ; and the county com- 
missioners of said county shall cause the said road to be opened, at 
least lour rods in width, and worked as other State roads, and it 
shall not be lawful lor any person, persons, or corporation, to erect Prohibitions. 
any toll-gate, demand or receive any toll or tax, from passengers or 
travelers, upon said roads. This act to be in force from and after 
its passage. 

Approved, February 16, 1847. 



AN ACT to locate a State road from Knoxville, in Knox county, to Macomb, in Mc- In force, 

Donough county. Febry. 15, 184? 

Section 1. Be it enacted by the People of the State of Illinois' 
represented in the General Jlssembly, That Abrah Wheeler, of the Commissioners, 
county of Knox, Alanson Boslwick , of the county of Warren, and 
pugh Erwin, of the county of McDonongh, be, and they are here- 
by, appointed commissioners to view, mark, and laj out a rofi#from 
Knoxville, in Knox county, via Abingdon, in said county, and 
Green Bu>h, and Pierce and Chapins'mill, in Warren county, thence 
by Walker's old mill, to Macomb, in McDonongh county. 

Sec. 2. The said commissioners shall meet at Knoxville, in Duties. 
Knox county, on the third Monday in May next, or as soon there- 
after as practicable, and after being duly sworn by some justice of 
the peace, faithfully to discharge the duties required of them by this 



106 



Map and report 



Compensation. 



ROADS. 

act, shall proceed to view, survey, locate and mark out said road be- 
tween the points above named, on the nearest and best ground, by 
marking trees in the timber, and setting up stakes, or ploughing, in 
the prairie. 

Sec. 3. The said commissioners, as soon after the location afore- 
said, shall make a map and report thereof, giving the distance and 
description of the same, and shall file [the same] in the offices of the 
clerks of the county commissioners' courts of the several counties 
through which it passes, which shall be recorded in said courts. 

Sec 4. The county commissioners courts of each county shall 
pay their respective proportions of the expenses of said view, and 
they shall cause said road to be opened and kept in repair. 

Approved, February 15, 1847. 



In force, 
Febry. 15. 1847. 



AN ACT to establish a State road from Springfield to Alton. 



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

Board. represented in the General Assembly, That George Foster, of San- 

gamon county, Fordyce E. Shaw, of Macoupin county, and Robert 
Dunlap, of Madison county, be, and they are hereby, appointed com- 
missioners to locate a State road, as follows, to wit : from the city 
of Springfield, in Sangamon county, via Waverly, in Morgan coun- 
ty, New Hartford, Cummington, Chesterfield and Brighton, in Ma- 
coupin county, to the city of Alton, in Madison county. 

Duties. Sec 2. Said commissioners, or a majority of them, shall meet 

in the city of Springfield, on the first Monday of April next, or 
within thirty days thereafter, and after calling to their assistance a 
competent surveyor, two chain-bearers, and one axe-manor marker, 
and after having been duly sworn before some justice of the peace, 
faithfully to discharge the duties required of them by this act, shall 
proceed to survey, mark and locate said road ; and having so located 

Report. the same, shall, within forty days thereafter, return to the office of 

the clerk of the county commissioners' court of each of said counties 
through which said road may pass, one copy of the plat of the sur- 
vey, together with the field notes thereof, which, together with the 
report of said commissioners, shall be spread upon the records of 
the said county commissioners' clerks. 

Co. comm'rs. Sec 3. The county commissioners court of each county through 

which said road shall have been located, shall, at the first term of 
said courts which shall have been held after the location as aforesaid, 
notify the supervisors of roads, in the districts in which said road 
is laid^mt, of the location aforesaid, and cause the same to be opened 
to the width of four poles immediately, and kept in repair as other 
roads are. 

Private property Sec 4. In locating said road, the commissioners shall have due 
regard to private property, doing as little injury as is consistent with 
public interest. 

Compensation, Sec 5. The said commissioners and surveyor shall each receive, 
as compensation for their services, the sum of two dollars per day, 



ROADS. 107 

and the chain-men and axe-man, each, one dollar per day, which shall 
be paid out of the county treasuries of the respective counties, on 
the order of the county commissioners, in proportion to the distance 
which said road may run in each county. 
Approved, February 15, 1847. 



AN ACT in relation to a public road therein named. In force, 

Feb'ry 15, 1847, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the State road from a point vacation, 
leading from Cairo to Jonesboro, south of Mansville Mills, on Mill 
creek, thence to Saratoga, in Union county, located by Mansville, 
Hunsaker and Dougherty, be, and the same is hereby, annulled and 
vacated. 

Sec 2. The commissioners appointed in section thirty-six of the New board, 
act of last session, in relation to roads, to locate a road from Equality, 
in Gallatin county, to Marion, in Williamson county, not having at- 
tended to the same, John Lane and John Cain, of Gallatin county, 
and William Pulley, jr., of Williamson county, are hereby appointed 
to view, mark, and locate said road, as contemplated in said act, who 
shall, or a majority of them, meet in the town of Equality, in Galla- 
tin county, on the first Monday in June next, or as soon thereafter 
as practicable, and take an oath before some justice of the peace, to 
faithfully perform their duties as such commissioners, shall proceed 
to mark, re-view, and locate said road, and shall make report to the 
county commissioners' courts respectively, of Gallatin and William- 
son counties, at their September term, one thousand eight hundred 
and forty-seven. 

Sec. 3. The county commissioners' courts of Gallatin and Wil- compensation, 
liamson counties, shall make a reasonable allowance to the said Lane, 
Cain and Pulley, not exceeding two dollars per day, for their ser- 
vices as road commissioners, to be verified to the said courts; each 
county allowing its proportional part. 

Sec. 4. This act to take effect from and after its passage. 

Approved, February 15, 1847. 



AN ACT to establish a State road from Jacksonville to Alton. In force, 

Febry. 16,184?, 

Section 1. Be it enacted by the People of the State of Illinois, 
represeRted in the General Assembly, That, the road leading from 
Jacksonville, Morgan county, to Alton, Madison county, by the way 
of Brown's Point, Morgan county, Athens ville and Greenville, 
Greene county, Delaware and Simmons' ford, Jersey county, be, and 
the same is hereby, established as a State road, and to be worked 
and kept in repair as other State roads. This act to take effect from 
and after its passage. 

Approved, February 15, 1847. 



108 



In force, AN ACT to re-locate so much of the State road as lies between Worcester post ulllce, in 
Keb'ry 13, 1847. in McDonough county, and the county line of Hancock county. 

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

Doard. represented in the General Assembly, That rlickerson Wright, of the 

county of Hancock, Thomas A. Brooking and Henry A. J. Averill, 
of McDonough county, be, and they are hereby, appointed commis- 
sioners to re-view and re-locate so much of the State road as lies be- 
tween Worcester post office, in the county of McDonough, and the 
county line of Hancock county. 

Meeting. Sec. 2. Said commissioners shall be required to meet at Wor- 

cester post office, in McDonough county, on the 20th day of May, 
1847, or so soon thereafter as convenient, and after having been 
duly sworn by some justice of the peace, said commissioners shall 
be required to appraise and assess damages, if any be claimed by any 
land holders, through whose lands said road may be located, and 
make a report of the same to the county commissioners' court of 
McDonough county in writing; which report shall be made at the 
first term of said court, after said road shall have been re-located. 

Damages. Sec 3. The county commissioners' court of McDonough county 

shall allow the damages so assessed, unless they are of the opinion 
that the amount awarded be too great, in which case, said commis- 
sioners shall appoint two discreet householders upon their part, two 
to be chosen by the person claiming such damages, and the Jour shall 
choose a fifth, whose award shall be final, and the same shall be paid 
by the county commissioners' court of said county, before the open- 
ing of said road. 

compensation. Sec 4. Said county commissioners shall allow a reasonable 
compensation for services rendered under this act. 
Approved, February 13, 1847. 



In force AN ACT to repeal certain laws that provide for the location! if a certain State road in the 

Feb'ry 16, 1847. county of Marion. 

Section 1. Be it enactedbij the People of the State of Illinois, repre- 
sented in the General Assembly, That the act entitled "An act to 
locate a State road therein named," and providing for the location of 
the same, so as to commence at the bluff, two miles east of Vanda- 
lia, in the county of Fayette, running thence on the nearest and best 
route, to intersect the road leading from Fairfield, in Wayne county, 
to McLeansboro', in Hamilton county, at or near the Lower Hickory 
hill, in the said county of Hamilton, as also the twenty-ninth section 
of the act entitled "An act for the location of certain State roads there- 
in named, and for the vacation of other State roads," be, and the 
same are hereby, repealed. 

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

Approved, January 16, 1,847. 



ROADS. J09 



AN ACTto provide for the sale of apart of the Northern Cross railroad. In force, 

Feb'ry 16, 1847. 

Sfction 1. Be it enacted by the" Peoj.le of the State of Illinois, 
repuacnted in the General Assembly, That the Governor is author- Governor to sell, 
ized and required to sell, at public auction, to the highest bidder, 
for legal evidences ot* State indebtedness, (payable in three equal 
annual instalments, the iirst instalment to be paid on the day of sale,) 
all of that part of the Northern Cross railroad, lying between Spring- 
field and the Illinois river, and the right and title of the State to the 
land on which said road was constructed, together with the right of 
way, acquired or possessed by the State, including the depot, en- 
gine house, shop, and lots on which they are situated, in Springfield ; 
the depot and lots en which it stands, in Berlin ; the frame house 
erected in Jacksonville, for offices, and the lots on which it stands; 
the engine house and turn-table near Jacksonville, and the lot on 
which they are situated ; the depot in Morgan city, and the lots on 
wnich it stands ; the engine house, turn-tables and depot at Meredo- 
sia, and the lots on which they are situated ; the ground on which 
the said road was located, north of the public square, in Jacksonville ; 
the lateral road to Naples; the depot in Naples, and lots on which 
it stands; with all the appurtenances to the lots, road, buildings, and 
offices, above enumerated, together with all the locomotives, engines, 
cars, and other implements used upon said road, the purchaser to 
have, hold, use and enjoy the same, as hereinafter provided. 

Sec. 2. The said sale shall be made at the State house, in Spring- where to be sold 
field, and notice of the time, place and terms of the sale, shall be 
published for six weeks in succession, before the day of sale, in two 
newspapers published in Springfield, one in the city of Chicago, one 
in Jacksonville, one in the city of St. Louis, Missouri, and in such 
other papers out of the State, and for such length of time as the 
Governor may direct. The sale shall be opened by one o'clock, p. Manner of sale, 
m. and closed at four o'clock, p. m., and if one-third of the purchase 
money shall not be paid on the day of sale, and bonds with sufficient 
security to satisfy the Governor, be given for the other annual in- 
stalments, the sale shall be void, and the Governor shall, on the next 
and every succeeding day, (Sabbath excepted,) offer the said pro- 
perty for sale, in the manner, upon the terms, and at the time of day 
above required, until the price bid shall be paid or secured as pro- 
vided for in this act : Provided, however, that the Governor may, in 
order to avoid unlawful combinations and prevent frauds, postpone 
the >alc to a subsequent day, he giving reasonable notice of the sale 
on such subsequent day. 

Sr.c. 3. Upon the payment, (or giving security for the payment Deed. 
as provided for in this act,) of the purchase money for the aforesaid 
property, the purchaser shall be invested with all the right and title 
of the State of Illinois, in and to the same, and the Governor shall 
exec ite a deed under the great seal of State therefor, which deed, or 
a copy thereof, certified by the secretary of State, shall be evidence 
of the sale and conveyance of said property. The property con- 
veye I shall be described in the deed as it is described in the title 
papers to the State: Provided, always, that the bonds called and 



110 



ROADS. 



known as the Macalister and Stebbins bonds, shall not be received 
in any part payment for said road and appurtenances. 

substitution. Sec. 4. The purchaser of the aforesaid property shall be sub- 

stituted for and stand in the place of the subscribers for the stock 
created by the act entitled "An act to incorporate the Sangamon and 
Morgan railroad company," approved on the lirst day of March, one 
thousand eight hundred and forty-five, and all the rights, powers, 
privileges and immunities granted to, or conferred upon, the said 
subscribers, by said act, are hereby granted to and conferred upon 
the said purchaser, subject to the limitations and provisions con- 
tained in this act. The purchaser shall be deemed and held to be 
the subscriber for the whole of the capital stock authorized to be 
subscribed for by the second section of said act, and the sum paid 
for the property purchased shall be divided among all the shares of 
said stock, and applied equally upon each share. 

Directions. Sec. 5. When the said property shall have been paid for, (or 

the payment secured to the State, as in this act provided,) as afore- 
said, the purchaser shall nominate to the Governor five persons, 
whom the Governor shall appoint as directors of the corporation, to 
continue in office until the next annual election, under the provisions 
of the aforesaid act ; and the directors so appointed shall have and 
exercise all the rights and powers conferred upon the directors pro- 
vided for in the act aforesaid. The said directors shall not be required 
to be owners of any portion of the stock. Said directors shall not 
be paid by the State. 

Elections. Sec 6. The directors first appointed shall fix the time for the 

annual election of successors, and successors shall be elected as 
provided for in the act of incorporation to which this is an amend- 
ment. 

Sec 7. The said corporation when organized, shall, without 
delay, proceed to repair the road from Springfield to the Illinois 
river, and to place the same in a condition to be safely used for the 
transportation of persons and property upon the same. The loca- 

cnange of loca-tion of the road shall be changed through the town of Jacksonville, 

t,on ' so as to pass upon the line originally located, north of the public 

square. 

Sec 8. If the corporation shall not, within three years from 
the passage of this act, repair the road to the Illinois river, so that 
the same may be safely used for the transportation of persons and 

Forfeitures. property thereon by the force of steam, the sale authorized by this 
act shall be void, the purchaser shall forfeit all rights by virtue 
of the purchase, and the whole property, as it may then be situated, 
shall revert to the State, and all the rights of the corporation shall 
vest in the Governor for the use of the State. 

Repeal'g clause. Sec 9. The eighth, twelfth and sixteenth sections of the act 
entitled "An act to incorporate the Sangamon and Morgan railroad 
company," approved on the first of March, one thousand eight hun- 
dred and forty-five, are hereby repealed. 

Use of profits. Sec 10. The profits arising from the use of the road and appur- 
tenances shall be applied, first, to the payment of dividends upon 
the capital invested in the purchase and repair of said road, until 
said profits shall be equal to six per cent, per annum upon the said 
capital, and the excess shall be applied to the payment of interest 
on the uncancelled canal bonds, used to pay for the completion of 



ROADS. HI 

said road, in the year one thousand eight hundred and forty-one, 
until said excess shall amount to six per cent, per annum upon the 
canal bonds aforesaid j after which, said excess shall be divided 
among the stockholders of this corporation. 

Sec. 11. The forfeiture provided for in the eighth section of this 
act shall not operate or take effect until the questions of fact, upon 
the existence of which said forfeiture is to accrue, shall be ascer- 
tained by a legal proceeding, before the circuit court of Morgan or 
Sangamon county. 

Sec. 12. The time, after which the State may become the owner 
of the road and property sold under the provisions of this act, pro- 
vided for by the eighteenth section of the act of incorporation to 
which this is an amendment, shall be forty years from the first of Term ' 
January, one thousand eight hundred and forty-eight. 

Sec 13. The said corporation shall not have the right to sellj^o sell ma- 
any iron, engine, car, or other property connected with said road, 
without the consent of the Governor. 

Sec 14. The provision herein, with reference to the uncancel- 
led canal bonds, is substituted for, and made in lieu of, the provi- 
sions heretofore made, creating a lien upon the said road for the pay- 
ment of said bonds, and the provisions creating or acknowledging 
the said lien are hereby changed, so that the provision herein shall 
stand as the only security for the payment of said bonds, as against 
the said road or'the appurtenances thereof; but in other respects, 
the said bonds shall stand upon the same footing as they would if 
they had been used for any other purpose. 

Approved, February 16, 1847. 



AN ACT to amend the several acts relating to public roads. In force, 

Jan'ry 17, 1847, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the county commissioners' Days' labor, 
courts of the several counties in this State, at the March term annu- 
ally, shall fix, and cause to be entered upon the records of their 
courts, a certain number of days, not exceeding five, nor less than 
two, that each and every able-bodied man, between the ages of 
twenty-one and fifty years, (men of color not excepted,) shall labor 
on some public road within the county, during the year ; and it 
shall be the duty of the clerk of said court to certify the number of 
days fixed, as aforesaid, in the notice to each supervisor appointed 
in said county. 

Sec 2. If the county commissioners' court of any county shall Road tax. 
deem it expedient, a road tax may be assessed and collected in said 
county, not exceeding twenty cents on each hundred dollars worth of 
taxable property, real and personal, as contemplated in the second 
section of the act passed in relation to public roads, approved Feb- 
ruary 28, 1845. 

Sec 3. It shall be the duty of the commissioners' court, upon Petitions, 
the presentation of a petition for the location or re-location of a road, 
to inquire into the manner in which the same was gotten up, if 



112 



Viewers. 



Supervisor. 



Labor. 



Damage. 



Exemption. 



Timbers on 
bridges. 



Land owners. 



HOADS. 

signed by individuals through whose lands the same may pass, as 
far as practicable, and require proof, and be satisfied that the notice 
required by law of such intended application had been given, in 
view that the owners of lands which may be damaged shall have 
notice thereof. 

Sec. 4. Viewers, in locating a road, shall ascertain, as far as 
practicable, where damages will be claimed, and report the names 
of the individuals claiming to the commissioners' court at the time 
of making their report ; and it shall be incumbent on the owners of 
property, by themselves or agents, to inform the court, at the term 
at which the road-viewers shall report of such, tl*eir claims for 
damages ; and no damages shall be allowed, unless claim be made 
to the court as aforesaid, or to the supervisor, commissioner or super- 
intendent appuin'ed to open the road, as now provided by law ; after 
a road shall be opened, and no claim for damages being set up, the 
Slate or county shall not be liable lor any damages whatever. 

Sec 5. It shall be the duty of the supervisor to take good care 
of ploughs, road-scrapers, and other implements, belonging to the 
county, in their charge, not to lend the same, unless to the supervi- 
sor to aid him in constructing public roads. Any person who shall 
violate the provisions of this section shall forfeit and pay a tine of; 
not less than three or more than ten dollars. 

Sec 6. Each and every supervisor shall call out his hands, and 
do a fair proportion, at least a moiety, of the labor due, in the spring 
of the year, in putting the roads and bridges in good repair, and 
grading the same where most needed. 

Sec 7. If any person shall impair any public road by plough- 
ing, or turning a current of water so as to saturate or wash the 
same, he shall forfeit and pay a fine, i'or the first offence, five dol- 
lars, and for a second offence, ten dollars, and at that rate for every 
additional offence ; which lines shall be collected either before a 
justice of the peace, or by indictment in the circuit court, as now 
provided by law. 

Sec 8. Where any city or town has or may become incor- 
porated under a special law, or under a general law, authorizing 
citizens to become incorporated, no requisition in labor or money 
from the citizens thereof, on property within said corporation, shall 
be required to improve roads in the country different from the grant 
in the charter, but they shall be required to w ork and pay a tax to 
improve the streets and roads ; and such improvements as shall be 
specified in the charter, or within the limits of the incorporation, so 
long as the charter or incorporation shall remain in full force. In 
all towns and villages not incorporated, the citizens thereof shall 
contribute in labor, and by a tax, when assessed by the county com- 
missioners' court of the county 5 in improving the streets of the town, 
•or village, and the public roads of the road district, including the 
same under the supervisor. 

Sec 9. In constructing bridges, where they are not covered, the 
supervisor shall secure the same, by placing on the margins of the 
plank heavy hewed timber, or by erecting substantial hand-rails, so 
as to prevent damage by wagons running off, or othem ise. 

Sec 10. Any person owning lands in an adjoining or detached 
county, in the State, other than the one in which he resides, may 
work out his road tax in person, or by an able and good substitute, 



SALINES. I I 3 

under any one supervisor in such county where the lands lie, volun- 
tarily attending when a supervisor shall bo- working on roads ; which 
privilege is hereby granted to non-residents to work out their road 
taxes under any supervisor in the county where the lands are sit- 
uated, and the supervisor shall give to such person a receipt for the 
same, and shall make return thereof to the county commissioners' 
court, on settlement of his accounts : Provided, that it shall not be 
incumbent on any supervisor to notify such person out of his dis- 
trict. 

Sec. '11. Sections fourteen, sixteen, eighteen and nineteen, of Sect'ris in force, 
chapter ninety-three, in the revised laws of last session, (in the act 
of February 20, 1841,) approved March 3, 1845, are hereby re- 
enacted, and declared to be in full force, except the first section, and 
so much of the eighth section, as this act changes. 

Sec. 12. Immediately on the passage of this act, it shall be the 
duty of the public printer to publish the same and transmit a copy 
or number, by mail, to the clerk of the commissioners' court 
of each county in the State, to be laid before the courts, at the 
March term, one thousand eight hundred and forty-seven, to enable 
them to act thereon. 

Approved, February 17, 1847. 



AN ACT concerning the Muddy Saline resen r ation, in Jackson county. In force * 

FeWry 28, 1847, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Muddy Saline res- 
ervation, with its appurtenances, is hereby vested in the county of 
Jackson, for the purposes hereinafter expressed. 

Sec 2. Bennington Boon, of Jackson county, is hereby appoint- Agent, 
ed agent for said county, who shall proceed, within twelve months 
from the passage of this act, to advertise the said lands for sale, in 
tracts of not more than eighty acres, and, after advertising the time 
and place of sale for six weeks in two public newspapers of this 
State, sell the same to the highest bidder for cash in hand, or on a 
credit of nine months, twelve months and eighteen months, under 
the direction of the county commissioners' court of said county; 
the purchaser executing bonds to the county of Jackson, with ap- 
proved security, and a mortgage on the premises ; which bonds and 
mortgages, when so executed, shall be delivered by the agent afore- 
said to the treasurer of said county. 

Sec 3. That the proceeds of the said reservation shall be expended Proceeds; how 
under the direction of the county commissioners' court in and for ex P endell • , 
Jackson county, on the road leading from Murphysborough to 
Jenkins' landing, on the Mississippi river, on that part which lies 
in the swamp. 

Sec 4. The agent appointed under the provisions of this act Compensation 
shall receive a fair compensation for his services out of the county of agent " 
treasury of Jackson county, not exceeding one dollar per day for 
the time he may be employed, and, before entering upon his duties, 
shall give bond to the county commissioners of said county for the 
8 



114 



SALINES. 



faithful discharge of his duties and the payment of all moneys that 
may come to his hands, as#such commissioner, to the county com- 
missioners' court. This act to be in force from and after its passage, 
Atpeoved, February 28, 1847. 



In force, AN ACT to authorise the Governor of this State to sell the salt wells and coal lands 
Febry. 23, 1847. in the Saline Reserve, in Gallatin county, for State indebtedness, and for other pur- 
poses. 



Section 1. Be it enacted by ihe People of the Slate of Illinois, 
represented in ihe General Assembly, That it shall be the duty of the 
Governor of this State to cause to be sold at public auction, in 
Equality, in this State, to the highest bidder, for internal improve- 
ment bonds, or railroad scrip, (excluding the Macalister and Steb- 
bins' bonds,) issued by authority of this State, all the salt wells, 
coal lands, and other lands in the Gallatin county " Saline reserve," 
not heretofore disposed of; and to make and execute proper and 
sufficient patents or deeds of conveyance to the purchaser or pur- 

Noti6e. chasers thereof: Provided, that he shall give notice of such sale 

for three months previous thereto in some public newspaper or 
newspapers in this State, and, also, in Pittsburg, Charlestown, 
Kanawha county, Virginia, Cincinnati, and Louisville : Provided, 
also, before said sale shall be advertised, the present lessee or 
lessees of said salt wells, and other lands, shall file their written 
surrender of their leases in the office of the auditor of this State, 
for the time unexpired since the first day of December last, from 
which time the said lessee or lessees shall be exonerated from the 
payment of rent by their bond or bonds subsequently accruing. 

Appraisement. Sec 2. Said salt wells, and lots connected therewith, and said 
coal lands and other lands belonging to the State within said reserve, 
shall be appraised by commissioners to be appointed by the Governor, 
not exceeding three in number, who shall take an oath faithfully to 
value and appraise the said wells and lands in such State indebtedness, 
and to make a return thereof to the auctioneer or agent appointed by 
the Governor to sell the same, which shall be regarded as the minimum 
price of said wells and lands, below which they shall not be sold. 
Sec 3. The line of pipes and other fixtures belonging to the 
State, of whatever kind or description, shall, also, be appraised and 
sold as aforesaid. 

separate sales. Sec 4. The wells and the lots set apart for the use of the same, 
the coal lands or lots, and the other lands owned by the State in the 
said " Saline reserve," shall be offered for sale and sold separately : 
Provided, that it shall be lawful to sell the pipes and other fixtures 
in connection with such well, or wells, or well lots, with which 
they may most properly and conveniently connect. 

Trustees. Sec 5. That the school trustees of township number nine 

south, in range seven east, in consideration that the school section 
in said township was sold by the State as a part of the " Saline 
reserve," whereby said township possesses no school lands or 
township school fund whatever, shall be allowed to purchase at such 



TrnuurTTTwrr fYo 

sale salt wells, coal lands, or other lands or property hereby au- 
thorized to be sold, to the value of one section of land, at Congress 
price, and the school trustees of township number nine south, in 
range number eight east, (which school section was also sold by 
the State as a part of the " Saline reserve," whereby the said last 
township possesses no school funds or township school fund what- 
ever, except a half section granted to it by the State,) shall also be 
allowed to purchase at such sale such lands, or wells, or property, 
to the value of one half section of land, at Congress price. The 
Governor shall convey the same, without further consideration, to 
the trustees of said townships respectively, for the use of the in- 
habitants thereof, for the use of schools forever, and the same shall 
be held, and may be sold, or otherwise disposed of, like other school 
lands in this State. 

Sec. 6. The agent to be appointed by the Governor under this Duty of agent, 
act shall make return to the auditor of State of all his proceedings 
under this act, and shall grant certificates of purchase for each tract 
of land, &c, sold, which shall be sufficient evidence of purchase 
until patents are issued therefor. 

Sec. 7. The Governor shall pay the expenses of carrying outExperses 
the provisions of this act out of the contingent fund placed at his 
disposal by law. 

Approved, February 23, 1847. 



AN ACT to provide for an equitable distribution of the school tad in Effingham and In force, 

Clay counties. Fcbry. 16, 1847. 

Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That the school commissioners of Effingham and 
Clay counties be, and they are hereby, required to divide and ap- 
portion the school, college, and seminary fund, of said counties, for 
the year eighteen hundred and forty-six, among the several town- 
ships of said counties, upon the enumeration made on or before the 
first Monday of March, eighteen hundred and forty-seven. This 
act to take effect from and after its passage. 

Approved, February 16, 1847. 



AN ACT for an equitable division of the school funds belonging to T. 1 S., R. 5 W., T. j n ( 0Tce 

1 N, R. 1 W., and T. 1 N., R. 2 W. Febry , 28j ,*„,_ 

Section 1. Be it enae'ed by the People of the State of Illinois, 
represented in the General Assembly, That the school commissioner School comm-r 
of Clinton county be, and he is hereby, required, on or before the ofChnton r0- 
first Monday of December next, to pay and deliver over to the 
school commissioner of Washington county, such proportion of the 
money, and evidences of indebtedness, by him received from the 



TTF 



SUHUUL, LAIN US. 



sale of section sixteen, in township one south, of range five west of 
the third principal meridian, as the inhabitants of said township, re- 
siding in the county of Washington, bear to the whole number of 
inhabitants of said township ; the number of inhabitants in said town- 
ship to be ascertained by actual enumeration, or in such other man- 
ner as may be agreed upon by the school commissioners of said 
counties of Clinton and Washington ; and it shall be the duty of the 
school commissioner of Washington county, upon the receipt of the 
money and evidences of indebtedness as aforesaid,.to give a receipt 
therefor, and the same shall remain in his hands for the use of the 
inhabitants of said township, residing in Washington county, and 
subject to the same laws and regulations as now are, or hereafter 
may be, in force in reierence to other funds in his hands. 
Washington co. Sec. 2. That the school commissioner of Washington county be, 
and he is hereby, required, on or before the first Monday of De- 
cember next, to pay and deliver over to the school commissioner of 
Clinton county, such proportion of the money and evidences of in- 
debtedness, by him received from the sale of sections sixteen, in 
township one north, of range one west, and one north, of range two 
west of the third principal meridian, as the inhabitants of said last 
named townships, residing in the county of Clinton, bear to the 
whole number of the inhabitants of said last named townships, re- 
spectively, the number to be ascertained in like manner as is provid- 
ed in the first section ; and it shall be the duty of the school com- 
missioner of Clinton county, upon 1he receipt of the money and 
evidences of indebtedness as aforesaid, to give receipts therefor ; and 
such money and evidences of indebtedness shall remain in his hands 
for the use of the inhabitants of said last named townshjps, respec- 
tively, residing in Clinton counly, and subject to the same laws and 
regulations as now are, or hereafter may be, in force in reference 
to other funds in his hands. 

Approved, February 28, 1847. 



In force AN ACT in re,ation to tlle apportionment of the school fund in the county of Cgle. 

Fel.'ry 16, 1847. 

Section 1. Be it enacted by t e People of the State of Illinois, 
represented in the General JJssembly, That the time of taking the 
census, and making the reports, provided for in the sixty-eighlh and 
seventieth sections of chapter ninety-eight of the revised statutes of 
this Sta'e, for the year one thousand tight hundred and iorty-six, 
in the school districts and townships in the county of Ogle, shall be 
extended to the second Monday of March, one thousand eight hun- 
dred and forty-seven, and that the apportionment of all school funds 
belonging to said townships be made on the census so taken. 

Approved, February L6, 1847. 



SCHOOL LANDS— SCHOOL COMMISSIONER. 



117 



AN ACT to legalize the sale of certain school lands in Sangamon county. In force, 

Feb'ry 26, 1S41 

Section 1. Be it enacted by the People of the Slate of Illinois, 
represented in the General Assembly, That the sale of the several lots 
of land in section number sixteen, in township number sixteen 
north, in range number seven, west of the third principal meridian, 
as set apart by John W. Taylor, Edward Perkins, and M. K. An- 
derson, acting as trustees of said township, situate and being in the 
county of Sangamon and State of Illinois, and which sale was made. 
by the school commissioner of said county according to the provi- 
sions of the present school law, is hereby declared legal to all intents, 
and shall be as binding upon all the parties concerned therein, as if 
the aforesaid trustees had been elected under the act entitled 
"Schools," approved February 26, 1845. 

Sec 2. This act shall have effect from and after its passage. 

Approved, February 2b", 1847. 



AN ACT to refund taxes paid on' school lands, sec. 16, township 10 N., R. 12 w., in In force, 

Clark county. Feb'ry 4, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the auditor of public 
accounts is hereby authorized and directed to draw a warrant on 
the treasury of State for eighteen dollars, in favor of the treasurer 
of school funds for township ten north, range twelve west, in Clark 
county — money improperly paid for taxes on lands in section sixteen 
of that township. 

Sec. 2. The county commissioners' court of said county of Clark 
shall issue an order on the treasury of the county, in favor of the 
treasurer of the school funds of said township, for twenty -three dol- 
lars — -money improperly paid as taxes on the school lands in said 
township. 

Approved, February 4, 1847. 



AN ACT to authorize the school commissioner of La Salle county to sell a part of t„ f orce 

section 1G, township 33 N., R. 3 E. March I |S47. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the'trustees of schools in cemetery, 
township thirty-three, range three cast, in LaSalle county, together 
with Joel Strawn, Calvin VV. Ells and Josiah E. Shaw, shall, as 
soon as praclic able after the passage of this act, cause the north 
twenty acres of the west half of the south-east quarter of 



] I 3 SCHOOL COMMISSIONER. 

section sixteen, in said township, to be appraised at its present 
cash value ; they shall also ascertain as near as possible the 
amount of damages, if any, which the residue of said section 
would sustain in consequence of the said twenty acres being laid 
out as burying ground, as hereinafter provided, which amount of 
damages shall be added to the present cash value of the said twenty 
acres ; before making such appraisement, the said appraisers shall 
take an oath faithfully and impartially to value such tract of land, 
and the damages as aforesaid, which oath may be taken before any 

valuation tiled, justice of the peace in said county, who is hereby authorized to ad- 
minister the same; a certified statement of said appraisement shall 
be filed with the school commissioner of the county. 

Duty of comm'r. Sec 2. As soon as the said school commissioner shall receive 
the said certificate of appraisement, he is authorized and required 
to sell the said tract of land to the trustees of the town of Ottowa, 
in LaSalle county, to whom he shall issue a certificate of such sale 
for the appraised value aforesaid, in the mariner now provided for 
the sale and conveyance or' common school lands, and the auditor 
shall, in like manner and with like effect, issue a patent for the 
same to the said trustees, reciting in such patent that the same is 
made in pursuance of this act, and for the purposes therein ex- 
pressed. 

DutyoHrustees. Sec 3. The trustees of said town are authorized to purchase 
and hold the said tract of land for the purpose of a burying ground, 
and shall have power to lay olF a suitable portion of the said bury- 
ing ground into lots for the use of families, and to sell to individ- 
uals the exclusive privilege of occupying said lots for the purposes 
aforesaid, subject, however, to such rules, regulations and restric- 
tions as said trustees may prescribe. 

Exemption. Sec. 4. The said tract of land, and every interest therein, shall 

always be exempt from taxation, and from sale on execution, or 
other process, and be subject at all times to the supervision and 
direction of the corporate authorities of the said town, who may 
make such rules and regulations in relation to the same as may be 
deemed proper. 

Hooey paid. Sec. 5. The trustees of said town, upon receiving the said cer- 

tificate of purchase from the school commissioner, shall pay to 
him, for the use of the inhabitants of said township, the amount of 
the appraised value of said tract of land, as ascertained as afore- 
said : Provldtd, that the said school comrnis>ioner may loan the 
same to said trustees for not less than one nor more than five years; 
and the president of the board of trustees is authorized, for and in 
behalf of said board, to execute a bond to said commissioner, for 
the use of such inhabitants, to secure the payment of the said sum, 
with interest thereon at the rate of eight per cent, per annum, pay- 
able half yearly in advance. 

special tax. Sec 6. It is hereby made the duty of the corporate authorities 

of said town, ■>« henever it shall be necessary so to do, to levy a 
special tax to pay the sum borrowed as aforesaid, and interest, which 
tax shall be kept separate from all other taxes, and be collected in 
gold or silver. 

Approved, March 1, 1847. 



SCHOOL COMMISSIONER— SCHOOLS. JJ9 



AN ACT authorizing the auditor to refund to the school commissioner of Whiteside In force, 

county a certain amount of money therein specified. Jan'ry 16, 1347. 

Sect ion 1 . Be it enacted by the People of the Slate of Illinois, repre- 
sented in the General assembly, That the auditor of public accounts 
be, and he is hereby, authorized and required, when he shall issue 
his certificate to the collector of the county of Whiteside, in favor of 
the school commissioner of said county, for the annual pro rata div- 
idend of the school, college, and seminary fund due to said coun- 
ty for the year 1S46, to add to said annual dividend the additional 
sum of ninety-seven dollars and sixty-five cents. 

Approved, January 16, 1847. 



AN ACT to establish and maintain common schools. In force, 

March 1, 1847. 

COMMON SCHOOL LANDS. 

Section 1. Be it enacted by the People of the Sta'e of Mv.ois, 
represented in the General Assembly, That section number sixteen 
in every township, granted to the State by the United States for the 
use of schools, and such sections as have been or may be granted as 
aforesaid, in lieu of section number sixteen, and also the lands which 
have been or may be selected and granted as aforesaid, for the use 
of schools, to the inhabitants of fractional townships in which there 
is no section numbered sixteen, or where such section shall not con- 
tain the proper proportion for the use of schools in such fractional 
township, shall be held as common school lands ; and the provisions 
of this act, referring to common school lands, shall be deemed to 
apply to the lands aforesaid. 

THEIR PROTECTION AND PRESERVATION. 

Sec 2. The common school lands shall be under the care and 
superintendence of the county commissioners of the several counties 
in which the same may be situated, except, that when any township 
lies in more than one county, the business of the township, relating 
to common school lands, shall be transacted in the county contain- 
ing the greater portion of such land. 

Sec. 3.* If any person shall, without being duly authorized, cut, penalty for tree- 
fell, box, bore, destroy, or carry way, any tree or sapling, standingpass. 
or being upon any school lands, such person shall forfeit and pay, 
for every tree or sapling so felled, boxed, bored, destroyed, or car- 
ried away, the sum of eight dollars ; which penalty shall be recov- 
ered, with costs of suit, by action of debt or assumpsit, before any 
justice of the peace having jurisdiction of the amount claimed, or 
in the circuit court, either in the corporate name of the trustees of 
schools of the township to which the land belongs, or by action qui 
tarn, in the name of any person who will first sue for the same; one 
half for the use of the person suing, the other half to the use of the 



1 20 SCHOOLS. 

township aforesaid. When two or more persons shall be concerned 
in the same trespass, the}- shall be jointly and severally liable for the 
penalty herein imposed. Every trespasser upon common school 
lands shall be liable to indictment, and upon conviction, fined in 
three times the amount of the injury occasioned by said trespass, 
and shall stand committed as in other cases of misdemeanors. All 
penalties and fines imposed iijnder the provisions of this section, 
shall be paid to the township treasurer, and be added to the princi- 
pal of the township fund : Provided, that, when recovered by action 
qui tarn, one-half only shall be so paid. 

STATE SUPERINTENDENT HIS DUTIES. 

Sec. 4. The secretary of State shall be ex officio State super- 
intendent of common schools. He shall counsel and advise, in such 
manner as he may deem most advisable, with experienced and prac- 
tical school teachers, as to the best manner of conducting common 
schools, and the most approved text books, maps, charts, apparatus, 
4fc., to be used in common schools. 

Sec. 5. Said superintendent shall have the supervision of all the 
common schools in the State, and shall be the general adviser and 
assistant of school commissioners in the State. He shall, from time 
to time, as he may deem for the interest of schools, address circular 
letters to said commissioners, giving advice as to the best manner of 
conducting schools, constructing school houses, and procuring com- 
petent teachers. He shall recommend the most approved text 
books, maps, charts, and apparatus, and shall urge uniformity in the 
use of the same, as well as in the manner of conducting common 
schools throughout the State, and shall use his influence to reduce 
to a system of practical operation, the means of supporting common 
schools in the State. 

Sec. 6. The State superintendent shall, before the fifteenth day 
of December of every year, in which shall be holden a session of the 
General Assembly, report to the Governor the condition of common 
schools in the several counties of the State ; the number of schools 
in each county ; the number taught by males ; the number taught by 
females ; the number of scholars in attendance, and the number of 
white persons in the county under twenty-ofce years of age ; the 
amount of township funds ; the amount annually expended for 
schools ; the amount raised by an ad valorem tax ; the number 
of school houses, together with such other information and sugges- 
tions, as he may deem important in relation to the school laws, and 
the means of promoting common school education throughout the 
State ; which report shall be laid before the General Assembly at 
each regular session. 

SCHOOL COMMISSIONERS THEIR ELECTION AND DUTIES. 

Sec. 7. On the first Monday in August next, and on the first 
Monday in August every two years thereafter, there shall be elected, 
by the qualified voters of each and every county in this State, a 
school commissioner, who shall execute the duties herein required. 
He shall, before entering upon his duties, execute a bond, payable 
to the people of the State of Illinois, with two or more responsible 
freeholders as security, to be approved by the county commissioners' 
court, in a penalty of not less than twelve thousand dollars, to 



SCHOOLS. 221 

be increased at the discretion of said court, in proportion to 
his responsibilities, conditioned that he will faithfully perform all the 
duties of school commissioner of said county, according to- the laws 
which are or may be in force ; by which bond the obligors shall be 
bound jointly and severally, and upon which an action, or actions, 
may be maintained by trustees of schools, of the proper town- 
ship, for the use of any township or fund injured by any breach 
thereof; and joint action may be had for two or more funds : Pro^ 
vided. that the same person shall not be eligible to the office of school 
commissioner for more than two terms in succession. 

Sec. 8. The bond required in the foregoing section shall be in 
the following form, viz : 

Slate of Illinois , ) 

county. $ k Know all men by these presents, that Bond, 
we, A. B., C. D., and E. F., are held and firmly bound, jointly 
and severally, unto the people of the State of Illinois, in the penal 
sum of dollars, to the payment of which we bind our- 

selves, our heirs, executors and administrators, firmly by these 
presents. In witness whereof, we have hereunto set our hands and 
seals this day of , A. D. 184 . 

The condition of the above obligation is such, that if the above 
bounden A. B., school commissioner of the county aforesaid, shall 
faithfully discharge all the duties of said office according to law, and 
shall deliver over to his successor in office, all moneys, books, papers, 
and property in his hands, as such school commissioner, then this 
obligation to be void ; otherwise to remain in full force and virtue. 

A. B. [seal.] 
C. D. [seal.] 
E. F. [seal.] 

Sec. 9. All contests in relation to the election of school com- 
missioner shall be decided as in relation to sheriffs and coroners ; 
and when any vacancy shall occur in the office of school commis- Vacancy, 
sioner, the county clerk shall give ten days' notice of the time and 
place of holding an election to fill such vacancy. He shall be elec- 
ted by the legal voters of the county, and shall give bond and secu- 
rity as required in section seven hereof. The school commissioner 
shall attend to the collection of all demands in favor of the several 
townships of his county, to settling the accounts of trustees, and, 
when necessary, to the prosecution of suits for the recovery of de- 
mands in favor of townships ; and all moneys collected shall be 
applied as required by law. 

Sec. 10. The said commissioner shall be liable to removal by the commissioner 
county commissioners' court, for any palpable violation of law, or ma y be removed, 
omission of duty ; and if a majority of said court shall at any time be 
satisfied that his bond is insufficient, it shall be his duty, on notice, 
to execute a new bond, to be payable, conditioned and approved as 
the first bond; the execution of which shall not affect the old bond, 
or the liability of the security thereon. 

Sec 11. The said commissioner shall provide four well bound shall provide 
books, to be known and designated by the letters A, B, C, D, for books ' 
the following purposes : In book A, he shall record, at length, all 
petitions presented to him for the sale of common school lands, and 
the plats and certificates of valuation made by or under the direc- 



122 SCHOOLS. 

tion of " trustees of schools," and the affidavits in relation to the I 
same. In book B, he shall keep an account of all sales of common I 
school lands ; which account shall contain the date of sale, name of 
purchaser, description of land sold, and the sum sold for. In book 

C, he shall keep a regular account of money received for land sold 
and paid to township treasurer, or loaned out as authorized in I 
section twenty hereof; ihe person to whom loaned; the time for 
which the loan was made; the rate of interest ; the names of secu- I 
rities, when personal security is taken, or, if real estate be taken as 
security, a description of said real estate; the list of sales, and the a 
accounts of each township fund, shall be kept separate. In book 1 

D, he shall keep a just and true account of all moneys received, from 
whom received, and on what account, ar.d the amount paid out ; to 
whom, when, and on what account paid out. Said books shall be 
paid for out of the county treasuries of the counties in which they 
are used. 

Township treas- S EC- 12. Whenever the bond of the township treasurer, approved 1 
by the trustees of schools, as required by law, shall be delivered 
by said trustees of schools, or either of them,, to the school com- I 
missioner, he shall receive and file the same with the papers of his | 
office. He shall then, on demand, deliver to said township treasur- ] 
er, who shall receipt therefor, all moneys in his hands belonging to I 
said township; also, all bonds, mortgages, notes and securities, of | 
every description, for money or propetty due or to become due the 'I 
township, and all papers, of every description, belonging, or in any.f 
wise pertaining, to the rights or interest of the said township ; and« 
the receipt of said treasurer to the school commissioner shall be j 
carefully preserved, and shall be evidence of the facts therein stated, J 
as well in favor of the school commissioner as against the township 
treasurer. 
Apportionment Stc. 13. Upon receipt of the amount due upon the auditor's war- 
of funds. rant, as provided in section 108 hereof, the school commissioner, 

shall apportion said amount, (except the two per cent, al- 
lowed said commissioner, as in section 112 hereof,) to the sev- 
eral townships and fractional townships in his county, according 
to the number of white children under the age of twenty years, 
and shall pay over the distributive share belonging to each town-] 
ship and fractional township as aforesaid, to the respective town- 
ship treasurers, or other authorized persons, annually. When there 
is a county school fund in the hands of any school commissioner, 
it shall be loaned, and the interest applied, as provided in this 
section. 
County snperin- Sec. 14. Each and every school commissioner shall be ex-qffi- 
tendent; duties. CJ - SU p er intendent of common schools in his county, and shall, by 
himself or some other qualified person, as often as practicable, visit 
all the townships in his county, inquire into the condition and man- 
ner of conducting schools in the same, and use his influence to car- 
ry out the system proposed by the State superintendent. He shall, 
also, by himself, or with such person or persons as he shall asso- 
ciate with him, upon application, examine all persons proposing to 
teach a common school in any township in his county, in relation to 
his or her moral character, and touching his or her qualifications 
properly to teach orthography, reading in English, penmanship, 
arithmetic, English grammar, modern geography } and the history of 



SCHOOLS. ]2# 

the United States, or any, or either of them, as the applicant shall 
propose ; and if he shall find such person of a good moral character, 
he shall give him or her a certificate ol good moral character, and 
shall certify the branches which he finds him or her qualified pro- 
perly to teach; which certificate shall be good and valid in said 
county for one year from the date thereof. The said school commis- 
sioner shall, also, by the first day of November before each session 
of the General Assembly, communicate to the State superintendent 
all such information upon the subject of common schools in the 
county, as the State superintendent is bound to embody in his re- 
port to the Governor, and such other information as the State su- 
perintendent shall require. The certificate to the teacher may be 
in the following form, viz : 

I, school commissioner of county, having examined 

A. B., do certify that he (or she) sustains a good moral character, 
and that he (or she) is well qualified to teach the following branches, 
viz: (Mere insert the branches.) 

Witness my hand, this day of 18 . 

C. D., School Commissioner. 

Sec 15. The school commissioner, upon his removal or resigna- successor, 
(ion, or at the expiration of his term of service, and, upon his death, 
his representatives, shall deliver over to his successor in office, on 
demand, all moneys, books, papers, and personal property, belong- 
ing to the office, or subject to the control or disposition of the school 
commissioner. 

SALE OF COMHCN SCHOOL LANDS. 

Sec. 16. When the inhabitants of any township or fractional 
township shall desire the sale of the common school land of the 
township or fractional township, they shall present a petition to the 
school commissioner of their county for the sale thereof, which pe- 
tition shall be signed by at least two-thirds of the white male inhabi- 
tants of the township or fractional township, of and over twenty-one 
years of age. The signing of the petition must be in the presence 
of two citizens of the township, after the true meaning thereof shall 
have been explained, and when signed, an affidavit shall be affixed 
thereto, by the two citizens, proving the signing in manner afore- 
said, and ^tatin^ the number of white male inhabitants in the town- 
ship or fractional township, of and over twenty-one years of age; 
and said petition so proved shall be delivered to the school commis- 
sioner for his action thereon: Provided, that no whole section shaLl 
be sold in any township containing less than fifty inhabitants; and 
common school lands in fractional townships may be sold when the 
number of inhabitants and the number of acres are in the ratio of 
fifty to six hundred and forty, but not before. 

Sec. 17. When the petition and affidavits are delivered to the To be divided, 
school commissioner as aforesaid, he shall notify the trustees of 
school of said township thereof, and said trustees of schools 
shall immediately proceed to divide the land into tracts or lots, of 
such form and quantity as will produce the largest amount of money; 
and after making such division, a correct plat of the same shall be 
made, representing all divisions, with each lot numbered and defined, 
so that its boundaries may be for ever ascertained. Said trustees 



124 



SCHOOLS, 



of schools shall then fix a value on each lot, having regard to the 
terms of sale, certify to the correctness of the plat, (statin: he 
value of each lot per acre, or per lot, if less than an acre,) and re- 
ferring to and describing the lot in the certificate, so as fully and 
clearly to distinguish and identify each lot; which plats and certifi- 
cate shall be delivered to the school commissioner, and shall govern 
him in advertising and selling said lands. 

subdivided. Sec. 18. In subdividing common school lands for sale, no lot 

shall contain more than eighty acres ; and the division may be made 
into town or village lots, with roads, streets or alleys between them 
and through the same ; and all such divisions, with all similar divi- 
sions heretofore made, are hereby declared legal ; and all such roads, 
streets and alleys, public highways. 

Terms of sale. Sec. 19. The terms of selling common school land shall he to | 
the highest bidder, for cash, with the privilege to each purchaser of 
borrowing from the school commissioner the amount of his bid for 
any period not less than one nor more than rive years, upon his pay- 
ing interest and giving security, as in case of money loaned by town- 
ship treasurer, as provided in section fifty hereof. 

Place of sale. Sec. 20. The place of selling common school lands shall be at I 
the court house of the county in which the land is situated; and, I 
upon the reception, by the school commissioner, of the plat and cer- 
tificate of valuation from the trustees of schools, he shall proceed to 
advertise the said land for sale, in lots, as divided and laid off by- 
said trustees, b}r posting notices thceof in at least six public places 
in the county, forty days next anterior to the day of sale, describing 
the land, and stating the time, terms, and place of sale ; and if any,< 
newspaper is published in said county, said advertisement shall be 
printed therein for four weeks before the day of sale ; if none, then 
it shall be sold under the notice aforesaid. 

Manner of sale. Sec 21. Upon the day appointed, the school commissioner shall 
proceed to make sales, as follows, viz : He shall begin at the lowest 
number of lots, and proceed regularly to the highest, till all are sold 
or offered. No lot shall be sold for less than its valuation by the, 
trustees of schools. Sales shall be made between the hours < ' ten 
o'clock, a. m. and six o'clock, p. m., and may continue from day tO; 
day. The lots shall be cried separately, and each lot cried long' : 
enough to enable anyone present'to bid who desires it. 

To be re-sold. Sec. 22. Upon closing the sales each day, the purchasers shall 
each pay or secure the payment of the purchase money, according 
to the terms of sale ; or in case of his failure to do so by ten o'clock 
the succeeding day, the lot purchased shall be again offered at pub- 
lic sale, on the same terms as before; and if the valuation or more 
shall be bid, shall be stricken off; but if the valuation be not bid, 
the lot shall be set down as not sold. If the sale is or is not made, 
the former purchaser shall be required to pay the difference be-.. 

Penalty of de-tween his bid and the valuation of .the lot; and in case of his fail- 
ure to make such payment, the school commissioner may forthwith 
institute an action of debt or assumpsit, in his name, as commis- 
sioner, for the use of the inhabitants of the township whet e the 
land lies, for the required sum ; and upon making proof, shall be 
entitled to judgment, with costs of suit ; which, when collected, . 
shall be added to the principal of the township fund. And if the 
amount claimed does not exceed one hundred dollors, the suit may 



faulter. 



be instituted before a justice of the peace ; but if more than that 
sum, then in the .circuit court of, any county wherein the party may 
be found. J J 

Sec. 23. All lands not sold at public sale, as herein provided Private sale. 
; for, shall be subject to sale at any time thereafter, at the valuation ; 
i and school commissioners are authorized and required, when in 
'their power, to sell all such lands at private sale, upon the terms 
at which they were offered at public sale. 

Sec. 24. In all cases where common school lands have been Unsold land. 
| heretofore valued, and have remained unsold for two years after 
having been offered for sale, or shall hereafter remain unsold that 
length of time, after being valued and offered for. sale in conformity 
with this act, the trustees of schools of the townships, where such 
| lands are situated, may vacate the valuation thereof by an order to 
j be entered on book A, of the school commissioner, and cause a new 
valuation to be made, if in their opinion the interests of the town- 
ship will be promoted thereby. They shall make said second valu- 
ation in the same manner as the first was made, and shall deliver 
to the school commissioner a plat of such second valuation, with the 
order of vacation to be entered as aforesaid ; whereupon said school 
| commissioner shall proceed in selling said land in all respects as if 
, no former valuation had been made : Provided, that the second 
| valuation may be made by the trustees of schools without petition, 

as provided in section seventeen hereof. 
j Sec. 25. Upon the completion of every sale by the purchaser, Certificate. 
■ the school commissioner shall enter the same on book B, and shall 
' deliver to the purchaser a certificate of purchase, stating therein 
• the name and residence of the purchaser, describing the land and 
' the price paid therefor ; which certificate shall be evidence of the 
j facts therein stated. 

Sec. 20". At the March term of the county commissioners' Report, 
court, in each year, the school commissioner shall present to the 
i court of his county : First, a statement showing the sales of school 
' lands made subsequent to the previous March term, which shall be 
a true copy of the sale book, (book B). Second, statements of the 
amount of money received, paid, loaned out, and on hand, belong- 
ing to every township or fund, under his control ; the statement of 
each fund to be separate. Third, statements copied from his loan 
book, (book C) showing all the facts in regard to lands which are 
required to be stated upon the loan book ; all of which the county 
commissioners' court shall thereupon examine and compare with 
the vouchers, and the said county commissioners, or so many of 
them as may be present at that term of the court, shall be liable in- 
divi bully to the fund injured, and to the securities of said school 
commissioner, in case judgment be recovered of said securities, 
for nil damages occasioned by a neglect of the duties, or any of 
them, required of them by this section: Provided, nothing herein 
con! ained shall be construed to exempt the securities of said school 
com-.-iissioner from any liability as such securities, but they shall 
still be liable to the fund injured, the same as if the county com- 
missioners were not liable. 

Sec. 27. ^ The school commissioner shall, also, at the time afore- R ?p0 rt to aud'r. 
said, transmit to the auditor of public accounts, a full and exact 
transcript from book B, of all the sales made subsequent to each 



126 



SCHOOLS. 



report. The statements in section twenty-six hereof, required 
to be presented to the county commissioners' court, shall be pre- 
served and copied by the clerk of said court, into a well bound 
book kept for that purpose, and the list transmitted to the auditor 
shall be tiled, copied, and preserved in like manner. 

Patent for land. Sec. 28. Every purchaser of common school land, shall be en- 
titled to a patent from the State, conveying and assuring the title. 
Patents shall be made out by the auditor from returns made to him 
by the school commissioner. They shall contain a description of 
the land granted ; shall be in the name of and signed by the Gov- 
ernor, countersigned by the auditor, with the great seal of the 
State affixed thereto by the secretary of State, and shall operate to 
vest in the purchaser a perfect title in fee simple. When patents 

Duty of auditor, are executed as herein required, the auditor shall note on the list 
of sales the date of each patent, in such manner as to perpetuate 
the evidence of its date and delivery, and thereupon transmit the 
same to the school commissioner of the proper county, to be by 
him delivered to the patentee, his heirs or assigns, upon the return 
of the original certificate of purchase ; which certificate, when re- 
turned, shall be hied and preserved by the school commissioner. 

Dupi'te patents. Sec 29. Purchasers of common school lands, and their heirs 
and assigns, may obtain duplicate copies of their certificates of pur- 
chase, and of patents, upon filing affidavit with the school commis- 
sioner in respect to certificates, and with the auditor in respect to 
patents, proving the loss or destruction of the originals ; and such 
copies shall have all the force and effect of the originals. 

TOWNSHIPS TRUSTEES OF SCHOOLS. 

Sec 30. Each congressional township, as surveyed and laid off 
by authority of the United States, is hereby established a township 
for school purposes. The business of the township shall be done 
by three trustees, to be elected by the legal voters of the township; 
and the said township, upon the election of trustees as aforesaid, as 
hereinafter provided for, shall be a body corporate and politic, by 
the name and style of " Trustees of schools, of township , 

range ," according to the number. The said corporation 

shall have perpetual existence, and shall have power to sue and be 
sued, to plead and be impleaded, in all courts and places where 
judicial proceedings are had. Said trustees of schools shall 
continue in office two years, and until others are elected and enter 
upon the duties of their office. 
Eligibility. Sec 31. No person shall be eligible to the office of trustee of 

schools, unless he shall be twenty-one years of age, and a resident 
of the township. 
Election of trus- Sec 32. The election of trustees of schools shall be on the 
tees - second Saturday of January biennially, but in townships where 

such election has not been heretofore had, or where there are no 
trustees of schools, the election of trustees of schools may be 
holden on any Saturday, notice being given as hereinafter in this 
section required. The first election shall be ordered, if in town- 
ships already incorporated, by the trustees of schools of the town- 
ship, the township treasurer giving notice of the time and place, 
by posting up notices of the same, at least ten days previous to the 
day of election. If there are no trustees of schools in a township, 



SCHOOLS. 



127 



the clerk of the county commissioners' court shall cause the notice 
to be given as aforesaid. For all subsequent elections, the like 
notice shall be given by the trustees of schools, through the town- 
ship treasurer: Provided, that if, upon any day appointed as 
afuresaid, for election aforesaid," the said trustees of schools, or 
judges, as specified in section thirty-four hereof, shall be of opin- 
ion, that, on account of the small attendance of voters, the public 
good requires it; or if the voters present, or a majority of them, 
shall desire it ; they shall postpone said election until the next 
Saturday, at the same place and hour ; at which meeting the voters 
shall proceed as if it were not a postponed or adjourned meeting; 
Jlnd provided, also, that, if notice shall not have been given as above 
required, then and in that case soid election may be ordered as 
aforesaid, and holden on the first Saturday in February, notice 
thereof being given as aforesaid. 

Sec 33. That if the inhabitants of a township shall choose, Townships, 
they may, at any meeting as in section thirty-two aforesaid, adopt 
the school commissioner to be in place of and discharge the duties 
of trustees of schools, in relation to keeping and loaning the school 
funds of the township; in which case the school commissioner, in 
the management of the township school funds, shall be in all re- 
spects governed by the law in relation to the management of said 
funds by the trustees of schools and township treasurers. 

Sec. 34. Two of the trustees of schools of incorporated town- 
ships, if present, shall act as judges, and one as clerk of said elec- 
tion. If said trustees shall fail to attend, or refuse to act when 
present, and in townships unincorporated, the qualified voters 
present shall choose from among themselves three judges and a 
clerk to open and conduct said election. 

Sec 35. The time and manner of opening, conducting, and Elections, 
closing said election, and the several liabilities appertaining to the 
judges and clerks, and to the voters separately and collectively, 
and the manner of contesting said elections, shall be the same as 
prescribed by the general election laws of this State, defining the 
manner of electing magistrates and constables, so far as applicable, 
subject to the provisions of this act : Provided, the judges may 
close said election at four o'clock, p. m. 

Sec 36. No person shall vote at said election unless. he possesses 
the qualification of a voter at a general election. In case of a tie 
at such election, it shall be determined by lot, on the day of the 
election, by the judges thereof. 

Sec 37. When a vacancy shall occur in the board of trustees 
of schools, the remaining trustees shall order an election to fill such 
vacancy upon any Saturday ; notice to be given as required in sec- 
tion thirty-two hereof. 

Sec 38. Upon the election of trustees of schools, the judges of p °N- boo!i s. 
the election shall cause the poll-bouk of said election to be delivered 
to the school commissioner of the county, with a certificate thereon, 
showing the election of said trustees, and the names of the persons 
elected ; which poll-book, with the certificate, shall be filed by said 
commissioner, and shall be evidence of such election. 

Sec 39. The said trustees of schools, elected as aforesaid, shall Trustees, 
be successors to the trustees of school lands appointed by the county 
commissioners' court, and of trustees of schools elected in town- 



128 



SCHOOLS. 



ships under the provisions of " An act making provisions for or- 
ganizing and maintaining common schools," approved Febru- 
ary 26, 1841, and of { ' An act to establish and maintain common 
schools," approved February 26, 1845. All rights of property, and 
rights and causes of action, existing or vested in the trustees of 
school lands, or trustees of schools, appointed or elected as afore- 
said, for the use of the inhabitants of the township, or any part of 
them, shall vest in the trustees of schools as successors, in as full 
and complete a manner as was vested in the school commissioner, 
the trustees of school lands, or the trustees of schools, appointed 
and elected as aforesaid. 

Meeting. Sec. 40. The trustees of schools shall meet quarterly, on the first 

Saturday of January, April, July, and October, and oftener if ne- 
cessary, at some convenient place in the township, for the transac- 
tion of business ; at any of which meetings, two shall form a quorum. 
At every quarterly meeting they shall strictly examine all books, 
notes, mortgages, securities, funds, and papers of the corporation. 

Distribution of Sec 41. At their quarterly meetings on the first Saturday of 

funds. January, April, July, and October, trustees of schools shall proceed 

to ascertain the amount of funds in the hands of the township treas- 
urer, subject to distribution, viz : the interest from the school, col- 
lege, and seminary fund designated in this law as the common 
school fund, and the interest, rents, issues, and profits arising from 
the township fund, and shall apportion the same, after setting apart 
to the school commissioner the three per cent, due him out of the 
township fund, as allowed in section 122 hereof, and to the town- 
ship treasurer the two per cent, allowed him in section aforesaid, 
as follows : First, tor the payment for the books of the township 
treasurer, authorized by law, if any thing be due for thai purpose; 
second, for the payment of any reasonable charges for dividing com- 
mon school lands, and making plats, &c, as required in section eigh- 
teen hereof; third, the balance on hand to each district from whose 
treasurer a certificate has been received, according to law, as re- 
quired in section 90 and 91 hereof, certifying that said district is 
indebted for a library purchased for the district, or upon schedule 
or schedules returned according to law, or for district treasurer's 
books, or for iuel or furniture as specified in section 70, and the to- 
tal amount due, or certif\ing any, or either, or all of the above facts, 

Apportionment, and the amount due to each of said districts. They shall apportion 
the balance, as aforesaid, according to the number of white children 
under the age of twenty years, in each of said districts respec- 
• tively ; but they shall apportion to no district more than is certified 
by the district treasurer to be due from his district, out of such 
funds, for anv, or either, or all of the purposes above in this section 
specified ; which amount, so apportioned, shall be paid by the town- 
ship treasurer, on demand, to the district treasurers of the respec- 
tive districts entitled thereto. Said trustees of schools shall also 
make such orders, not contrary to law, for the collection of the funds 
due, as in their discretion shall be most for the interest of said 
funds. 
Treasurer of Sec. 42. At their first meeting, the trustees of schools shall 
trustees. appoint a treasurer of the board, to be called township treasurer, 

„ . , , who shall not he one of their own number. Said treasurer shall, be- 

Cond; form of, .. . , . , , , ... 

lore entering upon his duties, execute a bond, with two or more 



SCHOOLS. J 29 

freeholders as securities, payable to the trustees of schools of the 
township for which he was appointed treasurer, with a sufficient 
penalty to cover all liabilities which may be incurred, conditioned 
faithfully to perform all the duties of township treasurer in town- 
ship , range , according to law. The security shall be ap- 
proved by the trustees of schools of the proper township, and the 
bond shall be delivered by said trustees to the school commissioner 
of the county. And every township treasurer appointed subsequent 
to the first, as herein provided, shall execute bond with security 3 as 
is required of the first treasurer. 

Sec. 43. The bond required in the foregoing section, shall be in 
the following form, viz : 

State of Illinois, ) 

county. ) ' Know all men by these presents, that Form of bond. 
we, A. B., C. D., and E. F., are held and firmly bound, jointly and 
severally, unto the trustees of schools of township in said 

county, in the penal sum of dollars, for the payment of which 

we bind ourselves, our heirs, executors and administrators, firmly 
by these presents. In witness whereof, we have hereunto set our 
hands and seals, this day of , A. D. 184 . 

The condition of the above obligation is such, that if the above 
bounden A, B., township treasurer of township , range , 

in the county aforesaid, shall faithfully discharge all the duties of 
said office according to law, and shall deliver to his successor in of- 
fice all moneys, books, papers, securities, and property, in his 
hands as such township treasurer, then this obligation to be void; 
otherwise to remain in full force and virtue. 

A. B., [seal.] 
C. D., [seal.] 
E. F., [seal.] 
Approved and accepted by G. H., } 

I. J., > Trustees of schools. 

K. L., ) 

Sec. 44. The trustees of schools shall cause all moneys for the Money, 
use of the township to be paid over to the township treasurer. 
They shall have power, also, to remove the township treasurer at 
any time, for any failure or refusal to execute or comply with any 
orders or requisitions of said trustees of schools, legally made, or 
any other improper conduct in the discharge of his duty as treasurer. 
They shall also have power, for any failure or refusal as aforesaid, to 
sue him upon his bond, as provided in section 62 hereof. In townships 
where there is but one school district, said trustees shall perform the 
duties of school directors, and shall be liable in that capacity as 
school directors. 

Sec 45. Trustees of schools shall have power, and it shall be Districts, 
their duty, to lay off the township or fractional township into school 
districts, suited to the wishes and convenience of a majority of the 
inhabitants in each district, distinctly defining the same by bounda- 
ries and number, to be filed with and recorded by the county com- 
missioners' clerk, in a book kept for that purpose, to be paid for out 
of the county treasury ; to provide for the safe keeping of all funds 
and property of the township ; to purchase and hold real estate in 
their corporate name, for the use of the inhabitants of the district 
9 



] 30 SCHOOLS. 

where such real estate is situated, whereon to erect school houses; 
such real estate being first selected as provided in the 109th section 
of this act, and to be paid for by the school directors out of the fund 
distributed to such district, or as shall be determined under the pro- 
ny-laws. visions of section 109 hereof; to adopt by-laws directing the mode 

of conducting schools, and defining and regulating the powers and 
duties of all officers and agents of the corporation wherein they are . 
not regulated by this act, and to do and perform all other acts neces- 
sary to the support and maintenance of common schools in their 
Proviso. townships, in conformity with the provisions of this act : Provided, 

that school districts may be formed out of parts of two or more 
townships or fractional townships, when the interests of the inhab- 
itants will be promoted thereby ; in which case the trustees of 
schools of the townships interested shall act in conjunction in the 
formation of such districts : And provided further, that districts may 
be altered at any time, by said trustees, to suit the wishes of a ma- 
jority of»the inhabitants in the districts interested. 
Examination of Sec. 46. Trustees of schools shall have power, and it shall be 
earners, their duty, by themselves, or with such person or persons as they 

shall associate with them, upon application, to examine all persons 
proposing to teach a common school in their township, in relation to 
his or her moral character, - and touching his or her qualifications 
properly to teach orthography, reading in English, penmanship, 
arithmetic, English grammar, modern geography, and the history of 
the United States, or any or either of them, as the applicant shall 
propose ; and if they find such person of good moral character, they 
shall give him or her a certificate of good moral character, and shall 
certify the branches which they find him or her qualified properly 
to teach ; which certificate shall be good and valid in said township 
for one year from the date thereof. Said certificate may be in the 
following form, viz: 

certificate. ' We, trustees of schools in township . , range s 

in county, having examined A. B., do certify that he (or she) 

sustains a good moral character, and that he (or she) is well quali- 
fied to teach the following branches, viz: {Here insert the branches. ) 
Witness our hands, this day of 18 . 

C. D., 1 
E. F., > Trustees oj schools. 

i. j., s 

Purchase real Sec. 47. The trustees of schools are hereby vested with general 
menu ° n ,iudg " power and authority to purchase real estate, if in their opinion the 
interests of the township fund will be promoted thereby, in satisfac- 
tion of any judgment or decree wherein the said trustees of schools 
or school commissioner are plaintiffs or complainants ; and the title 
of such real estate so purchased shall vest in said trustees, for the 
use of the inhabitants of said township, for school purposes ; and all 
purchases of land heretofore made by school commissioners, or trus- 
tees of school lands, or trustees of schools, for the use of any fund or 
township for the use of schools, are hereby declared valid, 
settle debts. Sec 48. The trustees of schools are hereby vested with general 

power and authority to make settlements with persons indebted to 
them in their official capacity; to receive deeds of real estate in 
compromise ; and to cancel, in such manner as they may think pro- i 



SCHOOLS. 



131 



per, notes, bonds, mortgages, judgments and decrees, existing, or 
that mav hereafter exist, for the benefit of the township, when the 
interest of said township, or the fund concerned, shall in their 
opinion require it, and their action shall be valid. Said trustees of Lease lands, 
schools are hereby authorized to lease or sell, at public auction, any 
land that may come into their possession, in such manner and on 
such terms as they shall deem for the interest of the township : 
Provided, that, in all cases of sale of land, as provided in this sec- 
tion, the sale shall be made at the same place, and notice given of it 
in the same manner, as is provided in this act for the sale of the 
sixteenth section. 

TOWNSHIP TREASURER DUTIES. 

Sec. 49. Every township treasurer shall provide himself with Records. 
two well bound books, the one to be called a cash book, the other a 
loan book. He shall charge himself in the cash book with all mo- 
neys received, stating in the charge, when, from whom, and on what 
account received ; and credit himself with all moneys paid or loaned, 
stating in the credit, when, to whom, and on what account paid or 
loaned. He shall enter in the loan book, the name of every person 
to whom money is loaned, the amount loaned, the date of the loan, 
the rate of interest, the time when payable, the names of the securi- 
ties, or if real estate be taken, a description of the same. He shall 
also provide a book, to be called a journal, in which he shall record, 
fully and at length, the acts and proceedings of the trustees of 
schools, their orders, by-laws, and resolutions ; which book shall 
be at all times subject to the inspection of said trustees, or of any 
committee appointed by the inhabitants of the township to examine 
the same. And he shall also provide a book, to be called a record, 
in which he shall enter a brief description of all notes or bonds be- 
longing to the township, and upon the opposite page he shall note 
down when paid, or any remarks to show where, or in what condi- 
tion it is, as in the following form, viz : 



Form. 



Sec 50. Township treasurers shall loan, upon the following Loan money, 
conditions, all moneys which shall come to their hands by virtue of 
their office, except such as may be subject to distribution, according 
to section 41 hereof: The rate of interest shall be eight per centum Terms. 
per annum, payable half yearly in advance. The time l'or which 
loans shall be made, shall not be less than six months, nor more 
than five years. For all sums not exceeding one hundred dol- 
lars, loaned for not more than one year, two responsible securities 
shall be given : for all sums over one hundred dollars, and for all 
loans for more than one year, security shall be given by mortgage M 0r t«i- e . 
on real estate, unencumbered, in value double the amount loaned, 
with a condition that in case additional security shall at any time be 
required, the same shall be given to the satisfaction of the trustees 



1 








2 


Makers' Names. 


Date of Note. 


When due. 


Am't. 


Remarks. 


A.B.,C.D.,E.F. 


Jan. 1, 1845. 


Jan.l, 1846. 


$90 00 


Jan. 6, '47, handed to I. J., 
Esq., for collection, (or 
Jan. 6, '47, paid.) 



132 



SCHOOLS. 



Proviso. 



Wife to join. 



Form. 



of schools for the time being. Notes, bonds, mortgages, and other 
securities taken for money or other property, due or to become due 
to the trustees of schools for the township, shall be payable to the 
said trustees of schools by their corporate name ; and in such name, 
suits, actions, and complaints, and every description of legal pro- 
ceedings, may be had for the recovery of money, the breach of con- 
tracts, and for every legal liability which may at any time arise or 
exist, or upon which a right of action shall accrue to the use of the 
corporation : Provided, however, that notes, bonds, mortgages, and 
other securities, in which the name of the school commissioner, or 
of the trustees of schools are inserted, shall be valid to all intents 
and purposes ; and suit shall be brought in the name of trustees of 
schools, as aforesaid. 

Sec. 51. The wife of the mortgagor, (if he have one,) shall join 
in the mortgage given to secure the payment of money loaned, as in 
section 50 hereof. 

Sec. 52. Mortgages to secure the payment of money loaned un- 
der the provisions of this act, may be in the following form, viz : 

I, A. B., of the county of , and State of , do hereby 

grant, convey, and transfer to the trustees of schools of township 
, range , in the county of , and State of Illinois, 

for the use of the inhabitants of said township, the following de- 
scribed real estate, to wit : (Here describe the premises.) Which 
real estate I declare to be in mortgage for the payment of $ , 

loaned to me, and for the payment of all interest that may accrue 
thereon, to be computed at the rate of per centum per annum, 

until paid. And I hereby covenant to pay the said sum of money 
in years from the date hereof; and to pay interest on the same, 

at the rate aforesaid, half yearly, in advance. I further covenant 
that I have a good and valid title to said estate, and that the same 
is free from all incumbrance ; that I will pay all taxes and assess- 
ments which may be levied on said estate ; that I will give any ad- 
ditional security that may at any time be required by said trustees of 
schools ; and if said estate be sold to pay said debt, or any part 
thereof, or for any failure or refusal to comply with or perform the 
conditions or covenants herein contained, I will deliver immediate 
possession of the premises. 

And, in consideration of the premises, C, wife of said A. B., doth 
hereby release to the said trustees of schools, all her right and title 
of dower in the aforegranted premises, for the purpose aforesaid 



Action on mort 
gage. 



In testimony whereof, we have hereunto set our hands and seals, 
this day of , 18 . 



A. 
C. 



[seal.] 
[seal.] 

Which mortgage shall be acknowledged and recorded; as is re- 
quired by law for other conveyances of real estate ; the mortgagor 
paying the expenses thereof. 

Sec. 53. Upon the breach of any condition or stipulation con- 
tained in said mortgage, an action may be maintained, and damages 
recovered, as upon other covenants ; but mortgages made in any 
other form, to secure payment as aforesaid, shall be valid as if no 
form had been prescribed. In estimating the value of real estate 
mortgaged to secure the payment of money loaned under the provi- 



schools. 133 

sions of this law, the value of improvements liable to be destroyed 
shall not be included. 

Sec. 54. In all cases where the trustees of schools shall require Add»i security, 
additional security for the payment of money loaned, and such se- 
curity shall not be given, the township treasurer shall cause suit to 
be instituted for the recovery of the same, and all interest thereon to 
the date of the judgment : Provided, that proof be made of the said 
requisition. 

Sec. 55. In the payment of debts by executors and administra- Sch001 fund - 
tors, those due the common school or township fund shall have a 
preference over all other debts, except funeral and other expenses 
attending the last sickness, not including the physician's bill. And 
it shall be the duty of the township treasurer to attend at the office 
of the probate justice upon the proper day, as other creditors, and 
have any debts, due as aforesaid, probated and classed, to be paid as 
aforesaid. 

Sec 56. If default be made in the payment of interest due upon Penalty, 
money loaned by any school commissioner or township treasurer, 
or in "the payment of the principal, interest at the rate of twelve per 
cent, per annum shall be charged upon the principal and interest 
from the day of the default, which shall be included in the assess- 
ment of damages, or in the judgment in suits or actions brought upon 
the obligation^ enforce payment thereof ; and interest, as aforesaid, 
may be recovered in actions brought to recover interest only. And Sue for interest 
the said township treasurers are hereby empowered to bring appro- 
priate actions, in the name of the trustees of schools, for the recov- 
ery of the half yearly interest, when due and unpaid, without suing 
for the principal, in whatsoever form secured, and justices of the 
peace shall have jurisdiction in such cases of all sums under one 
hundred dollars. 

Sec 57. All suits brought, or actions instituted under the pro- suits, 
visions of this act, shall be brought or instituted in the name of 
"trustees of schools of township , range ," except as is 

provided for action qui tarn in section three hereof, and as provided 
in section 62, in favor of school commissioner, and in section 96, in 
favor of district treasurer. 

Sec 58. The township treasurer shall demand, receive, and To keep books, 
safely keep, according to law, all moneys, books, and papers of 
every description, belonging to his township. He shall keep the 
township fund loaned at" interest. And if on the first Saturday of 
January and October there shall be any interest or other funds on 
hand which shall not be required for distribution, as provided in 
section 41 hereof, such amount, not required as aforesaid, shall 
forever after be considered as principal in the township fund, and 
loaned as such. 

Sec 59. On the first Saturday of January, April, July, and Report. 
October, of every year, the township treasurer shall lay before the 
trustees of schools, at their quarterly meetings, abstracts of the re- 
turns made by the school directors, as required in section 75 of this 
act, showing the number of all white children under the age of 
twenty years, in each school district or part of district in his town- 
ship. He shall also lay before them, so far as received, the certifi- 
cate of each district treasurer in his township, showing whether 
said district is indebted for books of district treasurer, for fuel and 



J34 SUHUUL.S, 

furniture, (as required in section 70 hereof,) for library, and 
whether schedule or schedules have been returned according to law, 
since his last certificate, and the amount the said district is indebted 
out of the common school or township fund, for the purposes, or any 

Am't of interest. 01 " either or all of them, recognized by this act. He shall also lay be- 
fore them a statement, showing the amount of interest, rents, issues 
and profits on hand, and also the amount of interest or other funds 
then due on the township funds ; and the amount on hand as afore- 
said shall be subject to distribution by said trustees of schools, as 
provided in section 41 hereof; and the amount found to be due as 
aforesaid shall be subject to such order or orders of the said trus- 
tees for its collection, according to law, as in their judgment shall 

aonds, &c. be most for the interest of the fund. He shall also lay before the 
said trustees of schools, all books, notes, bonds, mortgages, and all other 
evidences of indebtedness belonging to the township, for the exam- 
ination of the said trustees, according to section 40 of this act. 

census. Sec. 60. The township treasurer of each township in this State 

shall, on or before the first Monday in November next, and on or 
before the first Monday in November biennially thereafter, furnish 
the school commissioner with an abstract of the whole number of 
white children, under the age of twenty years, residing in his town- 
ship ; and if there be but one school district in his township, he 
shall act as district treasurer, and be liable as such. 

Section notice. Sec. 61. So soon as practicable after a school district has been 
laid off by the trustees of schools, it shall be the duty of the town- 
ship treasurer to give at least five days' notice, by posting up writ- 
ten notices in at least three public places in the said district, that 
on Saturday, the , at ten o'clock, a. m., there will be a meeting 
of the legal voters of the district, at (naming the place,) for the 
purpose of electing three school directors. 

Penalty. Sec. 62. For any failure or refusal to perform all the duties re- 

quired of township treasurer by law, he shall be liable to the trus- 
tees of schools upon his bond, to be recovered by action of debt by 
said trustees, in their corporate name, for the use of the proper 
township, before any court having jurisdiction of the amount of 
damages claimed ; but if said treasurer, in any such failure or re- 
fusal, acted under and in conformity to a requisition or order of said 
trustees, or a majority of them, entered upon the journal and sub- 
scribed by said trustees, or a majority of them, then and in that 
case the trustees aforesaid, or those of them subscribinjr said requi- 
sition or order as aforesaid, and not the treasurer, shall be liable, 
jointly and severally, to the inhabitants of the township, to be re- 
covered by action of assumpsit, in the official name of the school 
commissioner, for the use of the proper township. 

Bring suit. Sec 63. It shall be the duty of the township treasurer to insti- 

tute a suit against the district treasurer upon his bond, for the use 
of the inhabitants of the proper district, for any failure or refusal 
to perform all the duties required of the district treasurer by law. 
It shall also be his duty to bring suit against the school directors, 
or either of them, under the provisions of section 76 hereof, for 
any violation of the provisions of sections 75 or 76 of this act. 

Superintendent Sec 64. The township treasurer shall he ex officio superintend- 

town'p schools, ent of common schools in his township, in which capacity he shall 
visit, as often as practicable, the different schools in the township, 



schools. 235 

confer freely with school directors and teachers, and communicate 
to them the plans and suggestions of the county and State superin- 
tendents, and use his influence to carry out such plans, and shall 
procure and furnish to the school commissioner all such information 
concerning his township as said commissioner is obliged, according 
to section 6 hereof, to communicate to the State superintendent. 

Sec. 65. The township treasurer shall continue in office until Tenure, 
the expiration of the term of service of the trustees of schools by 
whom he was appointed, and until the appointment and qualification 
of a succe«sor; but he shall be subject to removal, as provided in 
section 44 hereof. 

Sec 66. When a township treasurer shall resign, or be re- shall pay, &.c, 
moved, and at the expiration of his term of office, he shall pay over to succcssor - 
to his successor in office, all money on hand, and deliver over all 
books, notes, bonds, mortgages, and all other securities l'or money, 
and all papers and documents of every description in which the 
corporation may have any interest whatever, and in case of the 
death of the township treasurer, his securities and legal represen- 
tatives shall be bound to comply with the requisitions of this section. 
And for any failure to comply with the requisitions of this section, 
he shall be liable to a penalty of not less than ten, nor more than Penalty. 
one hundred dollars, at the discretion of the court before which 
judgment may be obtained; and the obtaining or payment of said 
judgment shall in no wise discharge or diminish the obligation of his 
official bond. 

SCHOOL DIRECTORS TnEIR ELECTION AND DUTIES. 

Sec 67. It shall be the duty of the legal voters within each 
school district, to meet at the school house or other convenient place 
in the district, on the first Saturday of October next, or as soon 
thereafter as the township may be laid off into districts, and on the 
first Saturday of October biennially thereafter, and elect three per- 
sons within the district, to be styled school directors, who shall 
continue in office for the term of two years, and until their suc- 
cessors are elected. But the first election may be had upon any 
Saturday, notice being given by the township treasurer according 
to section 61 hereof. The legal voters, when assembled, shall choose 
three af their number to act as judges, and one as clerk, at such 
election. 

Sec 68. In case of a tie at said election for school directors, it 
shall be determined by lot on the day of the election by the judges 
thereof. 

Sec 69. A majority of said directors shall constitute a quorum To purchase li- 
to do business; and the board, when convened, shall have power braries - 
to purchase libraries for the district, to be paid for out of the funds 
distributed to the district ; to adopt the necessary measures to exe- 
cute the will of the legal voters of the district, expressed as is 
provided in section 119 hereof; to employ teachers and fix upon Employ teachers 
their compensation; to visit schools from time to time, and to make 
all such rules and regulations as may be necessary and proper, and 
not contrary to the laws of this State : Provided, that when there 
is but one school district in a township, the trustees of schools shall 
act as school directors for such district, and the township treasurer 
shall act as district treasurer. Said school directors are hereby au- 



136 



SCHOOLS. 



thorized to receive and hold, by their name of school directors, for 
the use of schools in the district, any books purchased for or dona- 
ted to the district library : and the same shall be kept, and controled 
and loaned to the inhabitants of the district, under twenty-one years 
of age, according to rules prescribed by said directors. But the 
librarian shall in no case receive any compensation out of the com- 
mon school or township fund for his services as librarian. 

visit schools. Sec. 70. School directors shall attend the school or schools taught 
in their district from time to time, and see that the same is properly 
conducted ; that the teacher keeps regular hours ; that the school 
house is properly supplied with fuel, and with such furniture as 
from time to time may be necessary for the accommodation of 
scholars. They shall also have special regard to the keeping of a 
schedule by the teacher, in such manner as to entitle him to com- 
pensation out of the common school or township fund. 

Schedules, &c. Sec. 71. School directors shall carefully examine all schedules r 
when presented for that purpose ; and after correcting all errors 
which they may discover, they shall make a certificate thereon, in 
which they shall state that they are school directors of the district,, 
that they have attended to the duties of said directors, and that they 
have examined said schedule, and believe it to be correct. They 
shall, also, certify that the teacher exhibited to them a legal certificate 
of qualification and good moral character, before he was employed; 
the amount due to such teacher for his services ; and that the 
school was an English one, in which the common medium of com- 
munication was the English language. 

Sec. 72. The certificate of the school directors, required in the 
preceding section, shall be, as near as circumstances will permit, in 
the following form, to wit : 



Form of certifi- 
cate. 



Slats of Illinois, ) 

county, { "" ' We, the undersigned, certify that we are 
school directors of district , in township , range , 

in the county aforesaid ; that we have performed the duties of di- 
rectors ; that we have carefully examined the foregoing schedule, 
and find the same to be correct ; that the scholars named therein, 
were, at the date of their attendance, residents of district , in 

township , range , and that there is due to the said C. 

D., for instructing the scholars therein named, at the times therein 
mentioned, the sum of dollars and cents. We also cer- 

tify that the said C. D. exhibited to us a legal certificate of qualifi- 
cation and good moral character, before he was employed to teach 
said school ; and that the said school was an English one, in which 
the English language was the medium of communication. 
Witness our hands, this day of , 18 . 

E. F., 1 

G. H., V School directors. 
I. J-, \ 



To he returned 
to treasurer. 



Sec. 73. School directors shall certifiy no schedule that reaches 
back to a time more than one week prior to the Thursday, the last 
previous return day for schedules, as specified in section 104 hereof. 

Sec. 74. Schedules, made and certified as aforesaid, shall, on 
or before the last Saturday in December, March, June and Septem- 



SCHOOLS. 



137 



ber, be delivered by the school directors to the district treasurer of 
the district to which such schedules respectively relate. 

Sec. 75. It shall be the duty of the school directors of each Return census, 
school district to furnish the township treasurer of their township, 
by the first Monday of October next, and by first Monday in Octo- 
ber biennially thereafter, with the number of all white children un- 
der the age twenty years, residing in their respective districts : 
Provided, that in townships containing not more than one school 
district, it shall be the duty of the trustees of schools to make such 
enumeration. 

Sec 76. School directors, or either of them, or the trustees of Penalty, 
schools, as specified in the proviso of the preceding section, failing 
or refusing to make returns of children in their district, according to 
the provisions of this act, or if either of them shall knowingly make 
a false return, the party so offending shall be liable to a penalty of 
not less than ten dollars nor more than one hundred dollars, to be 
recovered by action of assumpsit, before any justice of the peace of 
the county ; which penalty, when collected, shall be added to the 
township fund. 

Sec 77. Any one of said school directors shall have power, and Meetings called, 
upon request of at least ten legal voters of the district, it shall be 
his duty to post notices in at least three of the most public places in 
the district, ten days before (he time appointed for meeting, calling a 
meeting of the legal voters of the district, to select a lot upon which 
to erect a school house, to adopt the plan of the house, to provide 
for its erection, for its furniture, and for the payment, or for any, or 
either, or all of said purposes, according to section 109 hereof. 

Sec 78. School directors shall have power, by consenting Scholars from 
thereto, in writing, to authorize any person residing in any other othcr dlstncts ' 
school district, in the same or any other township, to send his or her 
children to a school taught in their district ; but the person so send- 
ing to school in a district in which he does not reside, shall not be 
entitled, for the children so sent, to any portion of the common 
school or township fund due or belonging to either of said districts, 
or to interfere with, or in any manner participate in, the management 
or control of said school. But if the person so sending to any dis- 
trict other than the one in which he resides, shall first obtain the 
written consent of the school directors of the district in which he 
resides, and of the district to which he sends to school, by said di- 
rectors, or a majority of them, in each district subscribed, and pre- 
sent said consent, so subscribed, to the teacher of his children or 
wards before his schedule is delivered to the school directors, to be 
appended hy said teacher to the proper schedule ; then, and in that 
case, the person so sending to another district shall be entitled to his 
proportion of the common school and township fund from his own 
district, the same as if he had sent to school in his own district. 

Sec 79. The certificates required in the foregoing section may 
be in the following form, viz : (That A. B. may send into a district 
in which he does not reside.) 

We, school directors of district number (one,) in township num- Form of certif*- 
ber (ten north,) of range number (one east of the third principal cate. 
meridian,) in county, do hereby give our consent that A. B. 



138 SCHOOLS. 

may send the children under his care, viz: P. Q. and R. S ,to school 
in our district. 

Witness our hands, this day of 18 . 

> School directors. 



(That A. B. may send out of district in which he resides :) 

We, school directors of district number (two,) in township num- 
ber (six north,) of range number (one east of the third principal 
meridian,) in county, do hereby give our consent that A. B., 

of our district, may send the children under his care, viz : P. Q. 
and R. S., to school in district number (one,) in township number 
(ten north,) of range number (one east of the third principal meri- 
dian,) in county. 

Witness our hands, this day of 18 . 

V School directors. 

Meeting of di- Sec 80. School directors shall meet quarterly, at some conve- 
rectors. nient place in their district, on the second Saturday of January, 

April, July and October, of each year, and distribute any common 
school, or township, or other funds in the hands of the district trea- 
surer, as follows, viz : First, any funds on hand, raised according 
to the vote of the inhabitants, legal voters of the district, as author- 
ized in section 109 or section 111 hereof, according to said vote ; 
second, to pay for the books of the district treasurer; third, to pay 
for any fuel or furniture, for the school house, purchased or supplied 
by said directors, as authorized and required in section 70 hereof; 
fourth, to pay for district library, purchased according to section 69 
hereof; and fifth, to the different teachers entitled to it, according to 
the grand total number of days taught, as exhibited by their respec- 
tive schedules, whether for a part or the whole of a term. But they 
shall distribute to no teacher, or his patrons, except upon his 
schedules, certified and returned to the district treasurer, according 
to law ; nor to any teacher, or his patrons, more than is certified by 
the school directors, upon the schedule, to be due him, and to all 
other teachers entitled to it, or their patrons, in the same proportion, 
according to the grand total number of days, as aforesaid : Provided, 
that when the district treasurer exhibits to the school directors the 
receipt of any teacher for an order, as authorized in section 93 
hereof, then, and in that case, said directors shall distribute, not to 
the different teachers, according to the fifth division of this section, 
but to the different patrons of the school entitled to the benefit of the 
fund, according to the total number of days each has sent to school, 
as exhibited by the schedule. 
Distribution of Sec. 81. The school directors shall cause all orders for distri- 
money. bution and payment of money, to be entered upon the journal, and 

shall subscribe all such orders. 
Vacancy. ^ EC * ^2. When a vacancy shall occur in the board of school di- 

rectors, the remaining director shall order an election to fill such 
vacancy, giving at least five days' notice, by posting advertisements 
in at least three public places in the district, of the time and place 






SCHOOLS* 139 

of holding such election. In case of a tie, it shall be decided as 
provided in section 68 hereof. They shall also give the notice re- 
quired in section 110 hereof. 

Sec. 83. School directors shall have power, and it shall be their Remove treas'r. 
duty, to remove the district treasurer, for any failure or relusal to 
discharge the duties of his office as treasurer \ and such removal 
shall vacate his office, also, as school director. 

Sec 84. Upon their election, or as soon thereafter as practica- 
ble, school directors shall agree upon and appoint one of their num- 
ber treasurer, to be called district treasurer. 

DISTRICT TREASURER HIS DUTIES. 

Sec. 85. The district treasurer, before entering upon his duties 
as treasurer, shall execute a bond to the trustees of schools, in such 
penalty as said trustees shall require, with good and sufficient secu- 
rity, conditioned for the faithful performance of his duties as district 
treasurer, and for the faithful application, according to law, of all 
funds that may come to his hands by virtue of his office as treasurer 
as aforesaid ; and that he will deliver over to his successor all books, 
moneys, and papers, of every description, belonging to his district. 

Sec 86. The bond required in the foregoing section, shall be in 
the following form, viz : 

State of Illinois, ) 

county, \ ' Know all men by these presents, that Bond ' 
we, A. B., C. D., and E. F„ are held and firmly bound, jointly and 
severally, unto the trustees of schools of township in said 

county, in the penal sum of dollars, for the payment of which 

we bind ourselves, our heirs, executors and administrators, firmly 
by these presents. In witness whereof, we have hereunto set our 
hands and seals, this day of A. D. 18 . 

The condition of the above obligation is such, that, if the above 
bounden A. B., district treasurer of district , township afore- 
said, shall faithfully discharge all the duties of said office according 
to law, faithfully apply all funds that may come to his hands by vir- 
tue of his said office as treasurer, and deliver over to his successor 
in office, all moneys, books, papers, securities and property, be- 
longing to said district, then this obligation to be void ; otherwise to 
remain in full force and virtue. 

A. B., [seal.] 
C. D,, [seal.] 
E. F., [seal.] 
Approved and accepted by G. H., } 

I. J., > Trustees of schools. 
K. L., ) 

Sec 87. The district treasurer shall make and certify, to the Duty, 
clerk of the county commissioners' court of the county, before the 
first day of July in each year, a correct abstract of the votes, and 
the amount of money voted to be raised at any meeting of the inhab- 
itants, under the provisions of sections 110 and 111 hereof. And 
the said clerk shall compute each taxable inhabitant's tax in said dis- 
trict, taking as a basis the total amount of taxable property returned 



140 



SCHOOLS. 



by the county assessor for that year, lying in the county and be- 
longing to inhabitants of the district, and the total amount of real 
estate belonging to non-residents which lies within the district ; and, 
also, each and every tract of non-resident's land as assessed by the 
assessor, the larger part of which lies within the said district. Said 

Clerk's duty, clerk shall cause each man's tax, so computed, to be set upon the 
tax book, to be delivered to the county collector for that year, in a 
separate column, against each tax payer's name or parcel of taxable 
property, as it appears on said collector's book ; to be collected in 

Collector's duty, the same manner and at the same time as State and county taxes. 
When collected, the district treasurer shall demand and receive the 
amount from the said collector, and enter the same in a separate ac- 
count in his cash book. 

Sec 88. The district treasurer shall receipt to the collector for 
the amount received, as provided in the foregoing section ; which 
receipt shall be evidence, as well in favor of the collector as against 
the district treasurer. 

Records. Sec 89. The district treasurer shall provide himself with a 

book to be called the journal, and a book to be called the cash book, 
to be paid for according to section 80 hereof. In the journal, he 
shall record the actings and doings of the school directors ; and when 
presented for that purpose, he shall record the certified proceedings 
of the legal voters of the district, as contemplated in section 109 
hereof; and he shall enter all orders for distributing money or other- 
wise, made by the school directors. In the cash book he shall 
charge himself with all funds received, when, from whom, on what 
account, and the amount; and credit himself with all money paid 
out, when, to whom, on what account, and the amount. Said 
books shall be, at all times, subject to inspection by any citizen of 
the district, or by the trustees of schools, or by the township treas- 
urer. 

schedules. Sec 90. The district treasurer shall file and carefully preserve 

all schedules delivered to him by the school directors. After the 
last Saturday in December, March, June and September, and before 
the first Saturday of January, April, July and October of each year, 
he shall make and deliver to the township treasurer, a certificate, 
subscribed by him as district treasurer, stating whether the district 
is indebted out of the common school or township fund, for district 
treasurer's books, for fuel or furniture for the school house, (pur- 
chased or supplied by the school directors as authorized and re- 
quired in section 70 hereof,) for district library, (purchased accor- 
ding to section (J9 hereof,) and upon schedule or schedules, certified 
and returned to him according to law, since his last certificate, and 
the total amount the district is so indebted for any, or either, or all 
of the above objects. 

Sec 91. The certificate mentioned in the foregoing section, may 
be in the following form, (omitting any of the items upon which the 
district is not indebted,) viz; 

To the township treasurer of township , in county: 

District number (one) in township , in county, is 

indebted out of the common school and township fund, as follows, 
to wit : 



$4 50 


Form of certifi- 


10 00 


cate. 


00 00 




20 00 





SCHOOLS. J 4| 

For books for district treasurer, 

For fuel for the school, supplied by school directors, 
For furniture for school house, by school directors, 
For district library purchased 
Upon schedule, certified and returned according to law, 
since last certificate, 35 00 

Total indebtedness, $69 50 

I certify that the above is a correct statement of the indebtedness 
of district aforesaid, out of the common school and township fund. 
Witness my hand, this day of 18 . 

A. B., district treasurer. 

Sec. 92. After the first, and before the second Saturday of Jan-Dutyof ^c^v. 
nary, April, July and October, the district treasurer shall apply to 
the township treasurer, and receive and receipt for the distributive 
share of common school and township fund apportioned to his dis- 
trict. On the second Saturday of January, April, July and Octo- 
ber, he shall lay before the school directors a statement, showing 
the amount of funds on hand for distribution, designating from what 
source or sources received, and the amount from each source, and to 
what object or objects the same, or any portion of it, if any, is to be 
applied, according to the vote of the inhabitants of the district, as 
authorized in section 109 or section 111 hereof. He shall, also, ex- 
hibit to them all receipts of teachers for orders granted, as author- 
ized in section 93 hereof. 

Sec. 93. It shall be the duty of the district treasurer to pay p ay f un ds. 
over, on demand, all funds in his hands, according to the order of 
the school directors entered upon the journal and subscribed by 
them, or a majority of them. If any teacher shall demand it, the 
school directors consenting thereto, said treasurer shall give him, 
taking his receipt therefor, an order, as follows, viz : 

To the patrons of the school taught by A. B: Order. 

You are hereby required to pay to the said A. B. the full amount 
you are indebted upon his schedule, and your proportion of the funds 
distributed upon said schedule, will, when so distributed, be paid to 
you on demand. 

C. D., district treasurer. 
January ,18 . 

Sec. 94. Upon payment of any money by the district treasurer. Receipt. 
he shall take a receipt therefor, which he shall file and carefully 
preserve with the papers of his office. 

Sec 95. The district treasurer shall be liable upon his bond, 
(suit to be instituted as in section 63 hereof,) and shall be subject 
to removal, as provided in section 83 hereof, at any time, for any 
failure or refusal to discharge faithfully the duties of his office as 
treasurer, as aforesaid; and such removal shall e:\tend to him, also, 
as school director, and create a vacancy, to be filled as provided 
in section 82 hereof. 

Sec 96. If the township treasurer of any township shall fail orjuits. 
refuse to pay to any district treasurer the proportion of the common 



142 



SCHOOLS. 



school or township fund to which his district may be entitled, and 
the trustees of schools, upon notice in writing from the district 
treasurer, that the said township treasurer does so fail or refuse, 
fail to cause payment to be made, or to remove said township trea- 
surer, then, and in that case, the district treasurer shall cause suit to 
be commenced against said trustees, by their corporate name, before 
any court having jurisdiction thereof; and if said trustees of schools 
shall refuse to pay whatever judgment may be rendered against 
them, upon the trial of such suit, within one month from the rendi- 
tion of judgment, and no appeal be taken, execution may be sued 
out thereon and levied upon the individual property of said trus- 
tees of schools. 
Deliver books, Sec 97. When a district treasurer shall resign, or be removed 
funds, &c. from office, he shall pay over to his successor in office, all funds, 
and deliver all books, notes, bonds, mortgages, and all other secu- 
rities for money, and all other papers and documents, of every de- 
scription, which belong to the custody of the district treasurer; and 
in case of his death, his securities and legal representatives shall be 
bound to comply with the requisitions of this section ; and for any 
failure to comply with the requisitions of this section, he shall be 
liable to a penalty of not less than ten nor more than one hundred 
dollars, at the discretion of the court before which judgment may be 
obtained; and the obtaining or payment of said judgment shall in 
nowise discharge or diminish the obligation of his official bond. 

TEACHERS THEIR DUTIES. 

Sec 98. No teacher shall be entitled to any portion of the com- 
mon school or township fund, who shall not, before his employment, 
exhibit to the school directors of the district in which he proposes 
to teach a school, a certificate of qualification, obtained under the 
provisions of section 14 or section 46 hereof, which certificate shall 
be good and valid for one year from the date thereof. 
schedules. Sec. 99. Teachers shall make schedules of the names of all 

scholars, under twenty-one years of age, attending their schools, in 
the form prescribed by this act ; and when scholars reside in two 
or more districts, townships or counties, separate schedules shall 
be kept for each district, township or county ; and the absence or 
presence of every scholar shall be set down under the proper date, 
and opposite the name, on every day that the school is open ; the 
absence of a scholar shall be signified by a blank, the presence by 
a mark. The schedule, to be made and returned by the teacher, 
shall be, as near as circumstances will permit, in the following 
form, viz : 



SCHOOLS. 



14'd 





John Smith, 
Isaac Meslier, 
Sarah Danforth, 
Mary Newman, 


Names of scholars attending my school, and 
residing in district number , in town- 
ship north, range west, in 
county. 


H- 1 h- ■ »— ' 


1847. Monday, January 


15 


1— «■ h- " I—" 


Tuesday, « 


16 


HHM 


Wednesday, " 


17 


t— > >— ' 1— • 1— ' 


Thursday, " 


18 


H— 1— " h-" 


Friday, " 


19 


H- ' 1— " 1—' 


Monday, " 


22 


1— • 1— • ►— ' 


Tuesday, " 


23 


HMH 


Wednesday, " 


24 


I—" 1— " 


Thursday, " 


25 


l-l M MM 


Friday, " 


2b 


1— ' 1— ' *— ' 


Monday, " 


29 


>— • >— i 1— i 1— l 


Tuesday, " 


30 


^- M 


Wednesday, " 


31 


i—" ►— ' p-^ 


Thursday, February 


1 


i — i i — i i—i 


Friday, " 


2 


1— • H— 1— 1 t—t 


Monday, " 


5 


M |— 1 


Tuesday, " 


6 


1— • 1— • •— • 1— • 


Wednesday, " 


7 


t— ' t— ' 1— 1 ►— 1 


Thursday, " 


8 


1— > 1— ' 1— ' 


Friday, " 


9 


t-* to •— ' '— ' 

oooto*- 


rotal number of days of each scholar. 



o Form. 



^ 



< 


£ 


15 












;~. 


pyj 






^ 


O" 




«ts 








Eb 


-5' 
5 


bfi 


c~j 




s 


R 


«> 












ft* 








ft 








5? 


•~. 








c 


^ 






Is-. 


►-S 








~rr 


►a 






144 



SCHOOLS. 



Schedule 
fied. 



Proviso. 



Certificate. 



Consent of di- 
rectors. 



Directors 
teachers. 



cerli- Sec. 100. In closing the schedule, the teacher shall make a list 
of the names of the scholars attending school, then add together the 
number of days which each scholar has attended, setting it down in 
tne right hand column, (as inform,) which column he shall then 
add up, and set down the grand total number of days at the bottom 
of said column, (as in the form,) and when the schedule is thus 
closed, he shall certify to the correctness of the same. He shall ' 
also certify that it was a school for the purpose of teaching various 
branches of an English education, and that the common medium of 
communication in said school was the English language ; and he 
shall make affidavit of its correctness before some justice of the 
peace of the county, who shall charge no fee for administering the 
oath : Provided, that nothing herein contained shall prevent the 
teaching a foreign language in an English school, as aforesaid. 

Sec 101. The certificate and affidavit shall be in the following 
form, viz : 

I certify that the foregoing schedule of scholars attending my 
school, as therein named, and residing as specified in said schedule, 
to the*best of my knowledge and belief, is correct; that it was a 
school for the purpose of teaching various branches of an English 
education, and that the common medium of communication in said 
school was the English language. 

A. B., Teacher. 
Subscribed and sworn to before me, a justice of the peace in 
and for the county of , this day of IS . 

C. D., J. P. 

Sec 102. It shall be the duty of the teacher to append to the 
proper schedule the written consent of the school directors, author- 
ized in section 79 hereof, should such consent, subscribed as by this 
law (in section 78) required, to be presented for that purpose, be- 
fore said schedule has passed from his hands. 

Sec 103. When the teacher shall have completed his schedule, 
as above required, he shall deliver it to some one of the school 
directors of the proper district. 

Sec 104. All schedules, whether for a whole or any portion of a 
term, shall be closed and presented to the school directors on or 
before the Thursday next preceding the last Saturday of December, 
March, June, and September. 

Sec 105. Upon receipt of the amount distributed by the school 
directors upon their schedules, teachers shall credit each scholar 
with the just proportion of the amount, according to the number of 
days said scholar attended school, and the balance shall be the 
amount due. But the teacher, if he choose, may demand and re^ 
ceive, according to section 93 hereof, from the district treasurer, an 
order on the patrons of the school, for the whole amount due from 
each of said patrons ; and in that case said teacher, so receiving 
said order, shall be entitled to no portion of the common school or 
township fund. 



and 



COMMON SCHOOL FUND DISTRIBUTION TO COUNTIES. 



Sec 106. The common school fund of the State shall consist of 
the amount due from the State, according to a statement and settle- 



SCHOOLS. J 45 

ment of the account between the State and that fund, under the 
provisions of an act, entitled " An act to provide for the distribu- 
tion and application of the interest on the school, college and semi- 
nary fund," approved on the seventh day of February, one thous- 
and eight hundred and thirty-five, and of all funds which have been 
or may be received by the State from the United States, for the use 
or support of common schools ; and, also, of the money added to the 
common school fund, which was received from the United States, 
under an act of Congress, providing for a distribution of the surplus 
revenue of the United States, and which was vested in bank stock, 
by authority of the State. 

• Sec. 107. The State shall pay an interest of six per centum interest, 
per annum upon the amount of the aforesaid common school fund, 
which shall be paid annually, and applied to the support of common 
schools, as herein provided. The State shall, also, pay, as aforesaid, 
and at the same time, an interest of six per centum per annum up- 
on the amount due the college and seminary fund ; which interest 
shall be loaned to the common school fund, and known in this law 
and applied in all cases as interest on the common school fund as 
aforesaid. 

Sec. 108. On the first Monday in January, in each and every Auditor. 
year, next after taking the census of the State, the auditor of public 
accounts shall, under the supervision of the commissioners of the 
school fund of the State, ascertain the number of white children in 
each county in the State, under twenty years of age ; and shall there- 
upon make a dividend to each county of the interest due upon the 
school, college and seminary fund, in proportion to the number of 
white children in each county, under the age aforesaid, and issue 
his warrant to the school commissioner of each county upon the col- 
lector thereof. And upon presentation of said warrant by the school 
commissioner to the collector of his county, said collector shall pay 
over to the school commissioner the amount of said warrant out of 
the first specie funds which may be collected by him, and not other- 
wise appropriated by law, taking said commissioner's receipt there- 
for ; and on settlement with the auditor, the said collector shall be 
credited with the amount specified in said receipt, in the same man- 
ner as if it had been paid into the treasury. Dividends shall be 
made, as aforesaid, according to the proportions ascertained to be 
due to each county, annually, thereafter, until another census shall 
have been taken, and then dividends shall be made and continued, 
as aforesaid, according to the last census : Provided, that if said col- Proviso, 
lector shall file an affidavit with the school commissioner, that he is 
not, an 1 has not been able to collect enough in gold and silver, over 
and above one and one-half mills, in act 39, in the appendix to the 
revised law T s specified, to pav off said warrant, nor more upon it 
than he has paid, then, and in that case, the school commissioner 
shall receive auditor's warrants for the balance not paid in specie ; 
otherwise said collector shall be liable to pay the whole amount in 
specie. 

MEETING OF THE INHABITANTS OF DISTRICT SCHOOL LOTS 

HOUSES TAXES. 

Sec 109. It shall be lawful for the legal voters of any school 
district to assemble, according to notice, as provided in section 77 



2 46 SCHOOLS. 

hereof, at the time and place appointed in said notice, for the pur- 
poses hereinafter in this section specitied. They shall appoint one 
of their number chairman, and another secretary. They may then 
determine, by vote, the place upon which to erect a school house. 
If no place receive a majority of all the votes given, the two places 
receiving the highest number of votes shall then be voted for ; and 
the place receiving a majority of the votes given shall be the place 
whereon to erect said school house. Said meeting shall then .deter- 
mine, by vote, the description or kind of house they will have, the 
amount and kind of furniture with which said house shall be sup- 
plied, and the manner in which the cost of said lot, of the building 
the said house, and of furniture aforesaid, or the cost of any, or 
either, or all of them, shall be defrayed, whether by individual sub- 
scription, or by an amount raised by taxation, as authorized in sec- 
tion 110 hereof, or either of them. The secretary shall keep a true 
record of said meeting, and shall present it, certified by himself and 
the chairman, to the district treasurer. 

TAXES. 

Voting. Sec 110. On the first Saturday of May next, and on the first 

Saturday of May, annually, thereafter, the inhabitants, legal voters, 
of any school district in this State, may meet together at some con- 
venient place in the district, for the purpose of voting for or against 
levying a tax for the support of common schools, for building and 
repairing school houses, or for other school purposes, or to pay ex- 
isting debts contracted for school purposes before that time, in the 
district. The school directors shall give ten days' notice of such 
meeting, by posting up notices in at least three public places in the 
district, setting forth therein the time, place, and object, of such 
meeting: Provided, that, if five of said inhabitants request it, 
school directors shall call such meeting, to be holden upon any Sat- 
urday, notice being given as aforesaid. 

Taxes; how le- Sec 111. The inhabitants, legal voters, when convened as above 

sried ' provided, shall organize, by appointing one of their number chairman, 

and another secretar) r . They shall theA determine by vote, in such 
manner as they may choose, first, whether tbey will tax themselves 
for the purposes, or either or any ol them, in section 110 specified. 
If two-thirds of the voters present shall be for a tax, they shall de- 
termine upon the rate to be levied for the current year, not exceed- 
ing fifteen cents on the one hundred dollars, and to what purpose 
or purposes authorized in sections 109 and 110 hereof, the amount 
raised by tax shall be applied. The secretary shall keep a true 
record of the proceedings of such meeting, which shall be certified 
and signed by the chairman and secretary, and presented by said 
secretary, together with the names of all the resident tax-payers of 

Proviso. the district, to the district treasurer : Provided, that for purchase 

of lot, or building and furnishing school house, the rate of taxation 
may be any amount, determined by vote as aforesaid, not exceeding 
fifty cents on the one hundred dollars. 

COMPENSATION OF OFFICERS. 

Sec 112. School commissioners shall be allowed, and paid by 
.the trustees of schools, out of the township funds of the township 






SCHOOLS. 147 

for which the services were rendered, three per cent, upon the 
amount of sales, for their services in receiving and recording peti- 
tions for the sale of school lands, advertising, making reports, taking 
security for the purchase money ; and two per cent, he shall retain 
of the amount of all sums distributed or paid to township treasurers 
for the support of schools. Township treasurers shall be allowed 
two per cent, upon all funds paid out, and two per cent, upon all 
funds loaned ; but the two per cent, for funds loaned shall not be 
allowed, unless there has been an actual payment and re-loaning to 
another and different person : Provided, however, that trustees of 
schools shall have the right, and it is made their duty, to reduce the 
compensation of said treasurer, if, in their opinion, the compensation 
herein allowed is more than is reasonable. Trustees of schools 
shall be exempt from military duty, from road labor, and from ser- 
ving as jurors. School directors shall be exempt from military duty, 
from road labor, and from serving as jurors. District treasurers 
shall be exempt from military duty, from road labor and road tax, 
and from serving as jurors. 

LIABILITIES OF OFFICERS. 

Sec. 113. If any school commissioner, trustee of schools, town- convert'g fundi, 
ship or district treasurer, or any other person entrusted with the 
care, control, management, or disposition of any common school, col- 
lege, seminary, or township fund, for the use of any county, town- 
ship, district or school, shall convert any such funds, or any portion 
thereof, to his own use, he shall be liable to indictment, and, upon 
conviction, shall be fined in not less than double the amount of 
money converted, and imprisoned in the county jail, not less than 
one, nor more than twelve months, at the discretion of the court. 

Sec. 114. Trustees of schools shall be liable, jointly and sever- Trustees, 
ally, for the sufficiency of securities taken from township and dis- 
trict treasurers ; and in case of judgment against said treasurers and 
their securities, for, or on account of, any default of such treasurers, 
on which the money shall not be made for want of sufficient proper- 
ty whereon to levy execution, actions on the case may be maintained 
against said trustees, jointly or severally, and the amount not col- 
lected on said judgment shall be recovered with costs: Provided, 
that if said trustees can show satisfactorily that the security taken 
from treasurers as aforesaid, was, at the time of said taking, good' 
and sufficient, they shall not be liable as aforesaid. 

Sec. 115. The real estate of school commissioners, of township Real estate, 
and district treasurers, and of the securities of each of them, shall 
be bound for the satisfaction and payment of all claims and demands 
against such commissioner and treasurers, as such, from the date of 
issuing process against them, in actions or suits brought to recover 
such claims or demands, until satisfaction thereof be obtained ; and 
no sale or alienation of real estate by any commissioner, treasurer, 
or security aforesaid, shall defeat the lien created by this section ; 
but all and singular, such real estate held, owned or claimed as 
aforesaid, shall be liable to be sold in satisfaction of any judgment 
which may be obtained in such actions or suits. 



148 



SCHOOLS. 



DEPRECIATED FUNDS. 



Sec. 116. All township treasurers having on hand any State 
Bank, or Bank of Illinois, paper, or other depreciated funds, are 
hereby authorized, under the direction of the trustees of schools, to 
sell the same for their cash value, and adjust their accounts accord- 
ingly. And all such sales heretofore made by school commissioners 
or trustees, are hereby declared legal and valid. 

COSTS. 

Sec 117. No justice of the peace, probate justice, constable, 
clerk of a court, or sheriff, shall charge any costs in any suit where 
any agent of any school fund, suing for the recovery of the same, 
or any interest due thereon, is plaintiff and shall be, from any cause, 
unsuccessful in such suit. 
Officers. Sec. 118. School commissioners appointed heretofore, shall con- 

tinue in office until superseded, according to the provisions of this 
act, and their duties, responsibilities, and powers, shall be governed 
by the provisions herein named. Trustees of school lands hereto- 
fore appointed, and trustees of schools heretofore elected, shall, 
also, continue to discharge the duties of their office until trustees of 
schools are elected under the provisions of this act. Townships, 
heretofore incorporated, shall, without any further action or pro- 
ceeding, be considered as incorporated under the provisions of this 
act; and the trustees and other officers shall continue to discharge 
their duties till suspended by appointment or election under this law ; 
but the rights, powers, and duties, of all such officers, shall be reg- 
ulated by the provisions hereof. All school districts, heretofore 
laid off, may remain as if they had been laid off under the provisions 
of this act; and all school directors, heretofore appointed, shall con- 
tinue in office, as if they had been appointed by the provisions of 
this act, until superseded by election, as provided in this act; they 
shall be governed by the provisions hereof. Leases of school lands 
shall remain valid, and be executed according to the laws under 
which they were made. Common school lands, valued and offered 
for sale and remaining unsold, shall be sold upon terms prescribed 
by this act. All contracts made under the laws hereby repealed 
shall remain valid; and all rights, remedies, defences, and causes of 
action, existing, or which may hereafter exist or arise, under, or by 
virtue of, said repealed laws, shall continue and remain valid, and 
shall be enforced, notwithstanding the repeal of said laws, unless 
cancelled according to the provisions of this act. 

ACTS REPEALED. 

Sec. 119. An act entitled "An act making provisions for or- 
ganizing and maintaining common schools," in force July first, one 
thousand eight hundred and forty-one, and an act entitled " An act 
to establish and maintain common schools," approved February 26th, 
one thousand eight hundred and forty-five, and all other acts and 
parts of acts coming within the purview of this act, be, and the same 
are hereby, repealed. 






SCHOOLS. 149 

Sec. 120. This act to be in force from and after the first day of 
May, 1847. 

Sec 121. That the public printer is hereby required to print, To be printed, 
in pamphlet form, ten thousand copies of this act, under the direc- ami distnbutea - 
tion of the secretary of State; to be distributed bv said secretary, 
according to population, among the several counties of this State, 
and deposited with the clerks of the county commissioners court, to 
be distributed by him with the several treasurers of townships, for 
the use of the different officers under this law, and also a copy to 
each school commissioner. 

Approved, March 1, 1847. 



AN ACT to amend the twelfth section of the act, entitled " An act to establish and In force, 

maintain common schools," approved February '20, A D. 1S45. Feb'ry 11, 1S47. 

Be it enacted by the People of the Slate of Illinois, represented in 
the General Assembly, That upon examination of teachers, under Qualifications of 
the provisions of the 12th section of chapter ninety-eight, entitled ers * 
"schools," the persons making such examination may give the certifi- 
cate in all cases where the\ shall be satisfied that the person ex- 
amined is qualified to teach one or more of the branches specified in 
said twelfth section, specifying in the certificate what brandies lie 
or she is capable of teaching; which certificate shall have the saraa 
effect as is provided in said twelfth section of said act. 

Approved, February 11, lo47. 



AN ACT to legalize the acts of certain school directors in Logan county, and for other In force, 

purposes. Febry. 28, 1847- 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly, That the official acts of Richard Latham, 
J. F. Miles, and A. E. Constant, school directors in township 
eighteen north, range three west, of third principal meridian, in 
Login county, are hereby legalized, and that the treasurer of said 
town hip is hereby required to pay over any school money due E. 
Dutch, teacher, on a schedule, certified by the above directors j 
said school having been taught between the first days of April 
and October, one thousand eight hundred and forty-six. 

Approved, February 28, 1847. 



AN ACT to authorize the levying an.l collecting of taxes fir school purposes in the In force, 
County of Iroquois, and for tiio sjle of section lti, in township 25 north, range 11 west. Feb'ry 28, 184'; 

Section 1. Be it enacted by the People of the State of Illinois, re- 
pTest tied in the General Assembly, That whenever a majority oi'Eiulding, etc. 
legal voters of either of the school districts in the county of Iroquois 
shall deem it necessary to build a school house in said district, or 

i 



] 50 SCHOOL8. 

for any other school purposes, the school directors or trustees in 
either of the school districts in said county, may, and they are 
hereby, authorized to call a meeting, by posting up five notices at 
five of the most public places in said district, of the time when, 
and the place where, such meeting shall be held, at least fifteen 
days before the time of meeting, and two of the school trustees or 
directors shall preside at said meeting, and one of said directors or 
trustees shall act as clerk. 

Amount of tax. Sec. 2. And if a majority of the legal voters in said school 
district shall vote to levy a tax for the purpose of building school 
houses, or for any other school purposes, and a vote shall be taken 
as to the sum to be levied, not to exceed fifty cents on each one 
hundred dollars' valuation of both real and personal property. 

county commas Sec. 3. And after the assessment is made, in accordance with 

clerk— his duty, the revenue law of this State, and returns thereof made to the 
county commissioners' clerk of said county, it shall be the duty of 
said clerk to provide a column and set apart from all other taNes in 
the collector's books the amount of school tax due from each person 
in said school district, and inform the treasurer of each of said 
districts the amount due said district. 

i ollsctor'sciuty. Sec. 4. And it shall be the duty of the collector of said county 
to collect and pay to the treasurer, in gold or silver, all moneys due 
such school district by the first of March in each year, that he may 
have collected at that time ; and at the time the said collector is re- 
quired to settle all State and county taxes, in accordance with the 
present revenue law of this State, he shall be required to settle 
with each school treasurer that is entitled t> any moneys due said 
district, according to the above act, and is entitled to the same fees 
as in other cases of collecting revenue, and take each treasurer's 
receipt for the same, so paid in by said collector, to said treasurer. 

Treasurer. Sec 5. And it shall be the duty of said treasurer to keep a re- 

cord of all moneys so paid in, and account to the directors or trus- 
tees of said school district, and such money, so collected, shall be 
paid out according to the wishes of said legal voters, or a majority 
of them, for school purposes. 

what lands may Sec. 6. Section number sixteen, in township number twenty- 
five north, of range number eleven west, in Iroquois county, may be 
sold upon the petition of the inhabitants of said township, under 
the laws providing fir and regulating the sale of section number 
sixteen, notwithstanding there may not be fifty inhabitants in said 
township. 

Approved, February 28, 1847. 



be sold. 



Ja '" f 27° e i84~ AN ACT t0 erCCt thG Ci * r ° f Quinc J' int0 a common school district. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the portion of township 
two (2) south, nine (9) west, and of township one ( 1) south, line 
west of the fourth principal meridian, lying within the corp rate 
limits of the city of Quincy, with such parts of said townships as 



SCHOOLS. 



151 



may hereafter be incorporated with, and come under the jurisdiction 
of, said city, be, and the same are hereby, erected into a common 
school district, to be known as and called the " Quincy school dis- 
trict." 

Sec. 2. The care and superintendence of the common schools superintendent, 
within the city of Quincy, together with tbe funds and estate, both 
real and personal, belonging to, and which may be conveyed to said 
Quincy school district, shall devolve upon the city council of the 
city of Quincy ; and they shall have power to appoint, at their first 
meeting after their annual election in each year, a general superin- 
tendent of public schools for said city of Quincy, whose term of 
office shall be for one year, and until his successor be duly elected 
and qualified ; and his duties and the amount of his salary shall be 
defined by the city council of the city of Quincy: Provided, how- Proviso. 
ever, that said salary shall, at no time, be paid out of the school 
fund belonging to said Quincy school district ; and said city coun- 
cil shall have power to make all laws and ordinances necessary and 
proper for the management of said common schools, not inconsist- 
ent with the constitution of this State. 

Sec 3. The township funds, and estate real and personal, be- school funds, 
longing to said townships one (1) south, nine (9) west, and two 
(2) south, nine ^9) west, shall be divided between the city of 
Quincy and the portions of said townships lying without the city of 
Quincv, as follows : The trustees of schools of township two (2) 
south and nine (9) west, shall, within three months from and 
after the passage of this act, appoint three respectable house- 
holders, one from the city of Quincy, one from township one 
(1) south, nine (9) west, residing out of said city, and one from 
township two (2) south, nine (9) west, residing out of said city; 
who, or a majority of whom, after being duly sworn well and truly 
to perform their duty, shall ascertain, as nearly as may be, the num- 
ber of white persons under the age of twenty years residing with-* 
in said townships, respectively, both within and without the limits 
of said city of Quincy ; and they shall divide and apportion the 
aforesaid township funds and estate according to the number of 
children under the age aforesaid, residing in said townships, respec- 
tively, within and without the city of Quincy, and shall pay over raid over, 
and deliver to said city the distributive share of the respective 
township funds and estate aforesaid, to which the said Quincy 
school district-may be entitled, according to the number of white 
persons under the age aforesaid, residing in said townships, respec- 
tively, and within the limits of said city of Quincy ; and the 
said commissioners shall have power to make their deed of partition, Real estate dw- 
and convey to the city of Quincy its distributive share of the real " u e 
estate belonging to the school fund of the respective townships 
aforesaid ; and in case the commissioners, appointed as aforesaid, ommiss 
shall refuse or neglect to perform the duties aforesaid, within one 
month from the time of their appointment, the said trustees of town- 
ship two (2) south, nine (9) west, shall have power to appoint 
others in their stead, either in or out of said city of Quincy, who 
shall, in like manner, be sworn, and perform the duties assigned to 
the first mentioned commissioners ; and said trustees shall have 
power to make appointments and fill vacancies in the same, until 
the objects of this act are carried into effect: Provided, the same 



152 



Money paid toj 
Uuincy. 



Report. 



SCHOOLS. 

shall be done within twelve months from and after the passage of 
this act. 

Sec. 4, The trustees of schools of township one (1) south, 
nine (9) west, and township two (2) south, nine (9) west, res- 
pectively, shall, upon such partition being made, pay over and de- 
liver, to the city of Quincy, the funds and deeds to which said 
Quincy school district may be entitled, according to the division and 
distribution aforesaid, and shall take from the clerk of the city of 
Quincy a receipt for the same. 

Sec 5. It shall be the duty of the city council of the city of 
Quincy to cause to ue famished, to the school commissioner oi Ad- 
ams county, an abstract of the whole number of white children, 
under the age of twenty years, residing in said Quincy district, 
within ten days after such number shall be ascertained ; and the 
said school commissioner shall annually pay to the clerk of the city 
of Quincy the proportion oi' the school, college and seminary fund 
to which the said Quincy district may be entitled, according to the 
number of children under the age aforesaid, residing in said dis- 
trict, taking his receipt for the same : Provided, that no abstract of 
the number of children as aforesaid, residing in said Quincy school 
district, shall be returned to said school commissioner oftener than 
once in two years, as is required in other school districts. 

Sec 6. This act shall have effect whenever a majority of all 
the legal voters of said townships one (1) south, nine (9) west, 
and two (2) south, nine (9) west, shall vote in favor of its pro- 
visions. 

Appbovec, February 27, 1847. 



Iu force, 
rcbry.SC, ISi". 



Election. 



AN ACT to authorize the Sheibj ville school district to elect schcoi directors. 

Section 1. Be it enacted by the People of the State of Illinois 7 
represented in the General Assembly, That the Shelbyville school 
district, in township eleven north, in range four east, is hereby au- 
thorized to hold an election for school directors of said district, on 
the fifteenth day of March, eighteen hundred and forty-seven, by 
giving five days' notice in writing, posted up in three of the most 
public places in said district. This act to take effect from and after 
its passage. 

Approved, February 26, 1S47. 



i'.i force, A ^ ACT for the benefit of common schools in district number 4, township 26, rcnge 

Fi.-b'ry 25, 1S47. 10 east, in Will county. 

Section" 1. Be it emitted, by the People of the State of Illinois, 

Exchange lots, represented in lite General Assembly, That the school directors of 

district number four, township thirty-six north, range ten, east of 

the third principal meridian, in the county of Will, and State of II- 



SCHOOLS. 

linois, arc hereby authorized and empowered to relinquish to the 
board of trustees of the Illinois and Michigan canal, one or more of 
the lots donated to said school district by virtue of an act of the 
Legislature, approved February 28th, 1839. 

Sec 2. The board of trustees of the Illinois and Michigan ca- 
nal are hereby authorized to set apart, and donate, such other 
equal number of lots as may be agreed upon, for the use and ben- 
efit of common schools in the school district named in the first sec- 
tion of this act. 

Sec. 3. The legal voters of said school district may hereafter Tax * 
levy an annual tax, not exceeding fifty cents on each one hundred 
dollars' worth of taxable property in said district, for the support 
of schools, or for building and repairing school houses, or for other 
school purposes, or to pay existing debts contracted for school pur- 
poses ; which tax, when levied, shall.be collected and paid over, as 
is prescribed in chapter ninety-eight of the Revised Statutes. 

Approved, February 25, 1847. 



153 



AN ACT in relation to that part of township 39 north, of range 14 east, of the third j n force, 

principal meridian, in relation to schools. Feb'ry 23, 1847, 

Section 1. Be it enacted bij the People of the State of Illinois, rep- 
ress tied in the Geneial Jlssembly, Thatailthat part oftownship thirty- District, 
nine (39) north, of range fourteen (14) east, of the third principal 
meridian, in Cook county, which lies south of the corporate limits 
of the city of Chicago, shall constitute a school district, by the name 
of "south Chicago school district," and the legal voters of said district 
shall have authority to levy and collect a school tax, annually, upon Tax. 
all the estate, both real and personal, in said dislnct, for school 
purposes, not exceeding one quarter of one per centum upon the 
assessed value thereof, as the same shall be valued by the assessor 
of Cook county. 

Sec. 2. The inhabitants of said district shall meet together at 
such time and place as shall be appointed by the clerk of the 
county commissioners' court of Cook county, in each year, and ap- 
point three inspectors of elections, who shall be qualified in the inspectors* 
same manner as judges of precinct elections, and shall be governed, 
as nearly as may be, by the laws relating to judges of precinct 
elections, and make returns of the election to the clerk of said 
court. At such elections there shall be elected, by ballot, three di- Directors, 
rectors of said district, who shall be freeholders therein at the time 
of their election, and who shall have the same power, and perform 
the like duties, within their district, that are possessed and per- 
formed by the trustees and inspectors of common schools in the city 
of Chicago. The said directors shall hold their ofiicesfur one year, 
and until their successors are elected and qualified. At such elec- 
tion the inhabitants of said district shall determine, by vote, what 
tax, not exceeding the said one-fourth of one per centum, shall be 
levied upon the real and personal estate within said district. The 
inspectors of said election shall make return of said election, and 



154 SCHOOLS, 

the votes taken thereat, to said clerk, within ten days after such 
election. Said returns shall be opened by said clerk in the presence 
of two justices of the peace, and he shall grant a certificate of 
election to the three persons who shall appear, by said returns, to 
have received the greatest number of votes thereat. In case of con- 
tested elections, the contest shall be determined in the manner pro- 
vided by law for contesting the election of justices of the peace. 
Tax. Sec 3. Upon said return being made and filed in the office of 

said clerk, he shall add to the tax list levied by the county commis- 
sioners' court upon the estate in said district, in a separate column, 
the tax voted by said district, and the same shall be collected by the 
sheriff or county collector as other taxes, in money, and paid unto 
the agent of the school fund appointed by the common council of 
the city of Chicago, who shall keep a separate account of the same, 
and disburse it only upon the written order of said directors. 
Penalty for over- Sec 4. If any such director or directors shall draw an order 
drawing money. UDOn sa ^ a g ent f or an y part of - g.,^ mone y thus collected as a dis- 
trict tax, except, so much thereof as shall be allowed by them to 
said clerk for his services in the premises, or shall appropriate the 
same to any purpose other than the building of a school house or 
school houses in siid district, or the support of schools therein, he 
or they shall forfeit and pay to any person who may sue for the 
same three times the amount of such order or appropriation, to be 
recovered by action of debt before any justice of the peace or court, 
and, besides, shall be liable to indictment and punishment by fine, 
not exceeding five hundred dollars and imprisonment in the county 
jail not exceeding six months, at the discretion of the court. 
May draw for Sec 5. The said directors shall be authorized to draw from the 
school purposes. agent of (he gchool fund of th(j ^ of C j,j cag0j mou thly, such an 

amount as said district shall be entitled to, in proportion to its num- 
ber of inhabitants, between the aires of five and twenty-one years, 
as compared with the whole number of such inhabitants in said 
city, out of the interest of the school fund in said township: Pro- 
vided, that a common school be established and maintained in said 
district, and said money be drawn and appropriated solely for the 
payment of teachers' wages. 

Approved, February 23, 1847. 



In force, AN ACT to provide for an equitable distribution of the school funds in Effingham and 
Febry. 22,1847, Clay counties. 

Be it enacted by the. People of the State of Illinois, represented in 
the General Jlssembly, That the school commissioners of Effinjham 
and Clay counties be, and they are hereby, required to divide and 
apportion the school, college, and seminary fund of said county, • 
[counties] for the year eighteen hundred and forty-six, among the 
several townships of said counties, upon the enumeration made on 
or before the first Monday of March, eighteen hundred and forty- 
seven. This act to take effect from and after its passage. 

Approved, February 22, 1847. 



schools. 255 



! AN ACT to authorize the school commissioner of Jo Daviess county to distribute school In force, 

funds therein mentioned. Feb'ry 20, 1847 , 

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

represented in the General Jlssembly, That the school commissioner 

! of Jo Daviess county is hereby authorized and required to appor- 

■ lion the school, college, and seminary funds, and the interest on 

i hand at the time of the next distribution of the county school fund, 

I to all such school districts or townships as shall, on or before the 

first day of May, eighteen hundred and forty-seven, make a proper 

and legal return of the number of white children under twenty 

years of age, in their respective school districts, or townships, any 

thing in the act for establishing and maintaining common schools, 

approved February twenty-sixth, eighteen hundred and forty-five, 

to the contrary notwithstanding. 

Sec. 2. The said school commissioner is hereby authorized and Distribution, 
required to apportion out of the school, college, and seminary fund, 
for the year eighteen hundred and forty-six, and out of the inlerest on 
hand of the county school fund, at the date of the next distribution 
provided by law, to such school districts or townships in his county 
as may have made returns in the year eighteen hundred and forty- 
five, previously to the first day of May of said year, of the number 
of white childi en, under twenty years of age, in their respective 
school districts or townships, and to which said school districts or 
townships no apportionment was made of the interest on the school, 
college, and seminary fund, or on the county school fund, for the 
year eighteen hundred and forty-five. 

Approved, February 20, 1847. 



AN ACT forming the village of Prairie du Pont into a school district. In force. 

Febry.20. 1847. 

Section 1 . Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That the inhabitants of the vil- Trustees and 
lage of Prairie du Pont, in the county of St. Clair, are hereby au . commissioner, 
thorized and empowered, on giving notice, to elect three school 
trustees of said village, and one commissioner. Said election shall Elections, 
be held in said village, on the first Saturday in April next, and on 
the first Saturday of April every two years thereafter. Said school 
trustees and commissioner shall remain in office for two years, and 
until their successors shall be elected and qualified for office, and 
give bond and security to the county commissioners of St. Clair 
county, for the use of the inhabitants of said village, in the penal 
sum of five hundred dollars, for the faithful performance of their 
duties under this act. 

Sec. 2. Said village is hereby incorporated and made a body incorporation, 
politic, having perpetual succession, for school purposes ; and said 
commissioner shall have power to sue and be sued, in any court in 
this State, for and on behalf of said village. 



156 



SCHOOLS. 



Survey and lease Sec. 3. Said commissioner is hereby authorized and required to 
cause to be surveyed off, into suitable lots or parcels of land, the 
common land belonging to said village, and to lease the same for 
ninety-nine years, taking from the purchasers their bonds for the 
interest on said leases, at any rate, not exceeding twelve per cent. 
per anuum, which the said trustees may agree on. Said interest 
shall be paid hall-yearly to said commissioner, for the use of schools 
for said village ; and on failure to pay the same for six months, the 
lease or leases will be forfeited, and the land revert again, to be 
the common belonging to said village. Said letting of the common 
jsaid shall be under the supervision of the said trustees ; and 
on giving public notice thereof, said commissioner is hereby autho- 
rized to execute leases to purchasers, providing therein that the in- 
terest is to be paid half-yearly, or otherwise. Said lease to be for* 
feited after six months' non-payment of said interest. The princfl 
pal is not to be paid, but the land leased as aforesaid is to remain 
security for said interest. 

Sec. 4. Said trustees are hereby authorized and empowered to 
erect school houses, employ teachers, and do and perform all busi- 
ness necessary to carry on schools in said village, and they are au- 
thorized and required to call on said commissioner for the funds, 
from time to time necessary to be used, in accomplishing the ob- 
jects contemplated by this act. Said commissioner shall be treasu- 
rer, as well as commissioner, and receive lor his services three per 
cent, for all moneys collected and paid over to said trustees. 

Sec 5. Should the inhabitants of said village fail to hold an 
election on the tirst Saturday of April next, as is provided in this 
act, on giving notice, the said inhabitants are authorized to hold an 
election for said officers at any other time, and, after said first elec- 
tion, biennially, on the first Saturdays of April, as is provided in 
this act. Said trustees shall receive two per cent., each one, on the 
moneys received and expended under the provisions of this act. 

Sec (i. This act shall be in force from and after its p-assage. 

Approved, February 20, 1847. 



School houses. 



Treasurer. 



Saving clause 



In force, 
Keb'ry 17, 1847. 



Tax. 



Build hcuje. 



AN ACT to allow a school district therein named to levy a tax. 

Section 1. Be it enacted by the. People of the State of IllinoisM 
represented in the General Assembly, That the inhabitants, legal 
voters, of school district number lour, -in township forty-four north, 
of range two, east of the third principal meridian, in Winnebago 
county, be, and they are hereby, authorized to meet at some suita- 
ble place in said district, at any time before the first day of June 
next, for the purpose of voting for or against a tax, of not exceed- 
ing one dollar on one hundred dollars valuation of taxable property, 
both real and personal, contained in said district, as exhibited by the 
assessment of the county assessor of Winnebago county, for the year 
one thousand eight hundred and forty-seven, for the purpose of building^ 
a school house for said district. Notice of the time and place of* 
such meeting shall be given, by the directors of schools in said dis- 



SCHOOLS. ] 57 

trict, by posting up notices of the time and place of holding such 
meeting, in at least three of the most public places in said district, 
and at least ten days before said meeting is to convene. 

Sec. 2. The secretary of said meeting shall furnish the clerk of 
the county commissioners' court, of said county, a copy of the pro- 
ceedings of said meeting ; and, if it be found that a majority so 
voting have voted for a tax, and have determined on the rate of tax, 
or the amount of tax to be raised, the said clerk shall calculate the 
amount of tax thus voted, upon each parcel or tract of land, and 
each assessment of personal property in said district, and shall cause 
a separate column to be made in the collector's book of said year, 
for the purpose of collecting the same. 

Sec 3. The collector of said county shall collect the said tax, 
and pay the same over to the treasurer of said township, deducting 
one half the same per cent, as is allowed for collecting county taxes, 
and the treasurer shall pay the same to the directors of said district. 

Sec 4. This act shall take effect from and after its passage. 

Approved, February 17, 1847. 



AN ACT to legalize the acts of trustees of schools in township forty-five (45) north. In force, 

of range two (2) east in Winnebago county. Feb'ry 17, 1S47. 

Whereas, the trustees of school lands, in township forty-five (45) 
north, of range two (2) east, in Winnebago county, and State of 
Illinois, in making their returns of the election of trustees of schools, 
and incorporation of said township, to the school commissioner of 
said county, neglected to certify to the poll-books of said election, 
as required by law ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the election of said trus- 
tees of schools, and all and singular the acts of said trustees, be, 
and sze hereby, declared legal and binding, to all intents and pur- 
poses, both in law and in equity, as if the returns of said election 
had been made according to law. 

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

Approved, February 17, 1847. 



\N ACT to authorize the legal voters of IMcHenry county to elect school directors, and i n f orce 

to raise money to build school houses. Feb'ry 11 1847, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the inhabitants of school 
district number one, in township number forty-three north, range 
number eight, east of the third principal meridian, in the county of 
McHenry, and State of Illinois, are hereby authorized to hold a 
special election, on the first Saturday of March, A. D. 1847, or as 






158 



SCHOOLS. 



soon thereafter as may be convenient, for the purpose of electing 
three school directors for the above district, to hold their offices 

May levy tax. until others are elected, and, also, tp vote to levy a tax, to be applied 
towards the building of a school house in said district ; the amount 
to be raised not to exceed three hundred dollars : Provided, that, 
should there be any other school districts in the county of McHen- 
ry, in the State of Illinois, wishing to avail themselves of the pro- 
visions of this act, they may do so by complying with the requisi- 
tions of this act, as relating to district number one, as above. 

How tax may be Sec 2. A majority of the legal voters in said district, voting in 

assessed and col- f avor f raisinsr a certain amount, not exceeding three hundred dol- 
Iccteu* ^ ' o 

lars, the amount of money so agreed upon to be raised, shall be, by 

the clerk of the county commissioners' court, assessed upon the 
assessment roll of real and porsonal property of the legal voters in 
said district or districts, as returned by the last assessment roll, after 
the holding of said election, and be collected in the same manner, and 
by the same person, and the same compensation allowed as is now 
the case in the collection of the public revenues, and to pay the 
same over, when so collected, to the school directors of said district. 
Sec 3. The return of the poll-books, certified by two judges 
of the election, shall be sufficient evidence and authority for the 
clerk of the county commissioners' court to make the assessment 
and order the collection ; and he is hereby ordered to do so, with- 
in ten days after the receipt of the poll-books of said election, as 
above, and deliver the same to the sheriff of the county for collec- 
tion, which collection shall not be delayed beyond ninety days from 
the receipt of the orders for collection. 
General powers Sec 4. It shall be lawful for the legal voters of any school dis- 
extended. trict in the county of McHenry, in the State of Illinois, or a majority 

of them, to assemble at any convenient place in their several dis- 
tricts, the first Saturday of March, A. D. 1847, or as soon thereaf- 
ter as it may be convenient, and select two of their number, house- 
holders, to act as judges of the elaction, and one as clerk, who shall 
proceed to take the votes of the legal voters of the district or dis- 
tricts, and certify to the same, as is required in the third section of 
this act ; the votes to be taken for the purpose of electing school di- 
rectors, or to levy a tax to raise money, as provided in the first sec- 
saving clause, tion of this act. The election of directors in this act is not design- 
ed to interfere with the general election of school directors, as is 
now provided by law. This act to take effect from and after its 
passage. 

Approved, February 11, 1847. 



j^ f 0Tce AN ACT relating to common schools in Kane and DeKalb counties. 

Feb. 28, 1847. 

Section 1. Be it enacted by the People of the State of Polinois, 
represented in the General Assembly, That the directors of the school 
districts, in the counties of Kane and De Kalb, are hereby author- 
ized to raise money by tax, to build school houses in said districts. 



Tax 



SCHOOLS. 

Sec 2. Whenever the directors of any district may call a meet- Notice. 
ing, for the purpose of raising a tax to build, repair, or rent, a 
school house, they, or a majority of them, shall cause to be put up 
notices in the manner required by law, and, by a majority of the 
votes taken by said meeting, the said directors shall proceed to 
assess and levy said tax. Said directors shall appoint an assessor 
in the district, who shall also be the collector, who shall be sworn 
before some justice of the peace, to make an impartial assessment 
upon the property of the inhabitants of said district, and levy there- 
on such tax as a majority of said meeting shall have voted. 

Sec 3. Said directors shall make a tax-list, containing the names Tax list. 
of all the taxable inhabitants in said district, with the amount of 
dollars assessed, and in another column the amount of tax to be 
paid by each, and deliver the same to said collector, who shall, 
within ninety days, collect the said tax in the manner and with the 
same authority, that county collectors collect taxes, and return the 
same to said directors. 

Sec 4. Any misapplication of any part oi the moneys so col- Penalty, 
lected, by any director or assessor, shall vacate his office and sub- 
ject him to indictment, and, on conviction, to a fine double the 
amount of the money so misapplied ; which fine shall, after being 
collected by the sheriff, be paid by him to the directors of said dis- 
trict, for the benefit of the said district. This act to take effect from 
and after its passage. 

Approved, February 28, 1847. 



159 



AN AGT to authorize district number one, township thirty-five north, range ten east, In force, 

to build a school house. Jan'ry 16, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the inhabitants, legal voters may 
voters of district number one, in township thirty-five north, rfSorthonl!?* 
range ten, east of the third principal meridian, be, and they are 
hereby, authorized to meet at some suitable place in said district, 
at any time prior to the first day of June, 1847, for the purpose of 
voting for or against a tax of not exceeding fifty cents on each one 
hundred dollars in valuation of taxable property, both real and per- 
sonal, contained in said district, as exhibited by the assessment of 
the county assessor of Will county, for the year 1847, for the pur- 
pose of building a school house for said district. Notice of the 
time and place shall be given, by the directors of schools in said 
district, by posting up written notices of the time and place of such 
meeting, in at least three of the most public places in said district, 
and at least five days before said meeting is to convene. 

Sec 2. The secretary of said meeting shall furnish, to the Dut y of sec'ry. 
clerk of the county commissioners' court of the said county, a 
•copy of the proceedings of said meeting ; and if it shall be found 
that a majority so voting have determined on raising a tax as afore- 
said, and also shall have determined the rate of tax, or amount of Tax; how col- 
tax to be raised, the said clerk shall calculate the amount of tax lected * 



160 



STATE LIBRARY. 



Disposition of 
tax. 



thus voted upon each tract or parcel of land, and each assessment 
of personal property in said district, respectively, and shall cause a 
separate column to be made in the collector's book of said year, for 
the purpose of collecting the same. 

Sec. 3. The collector of said county shall collect said tax, and 
pay the same over to the treasurer of the township, and the treasu- 
rer shall pay the same to the directors of said district. 

Approved, January 16, 1847. 



In force, 
Jan'ry 27, 1S47 



Sec'ry of State 
duty of. 



Librarian. 



Compensation. 



Catalogue. 



Application of 
proceeds. 



AN ACT to amend an act in relation to the State library. 

Section 1. Be it enacted by the People of (hi State of Illinois, 
represented in the General Assembly, That it shall be the duty of 
jthe secretary of State, under the direction of the Governor, to sell 
or cause to be disposed of, in such manner as he shall deem proper, 
at a price not less than the original cost of the same to the State, the 
surplus volumes of the Revised Statutes of Illinois for 1845, the 
surplus volumes of the American State papers, relating to public 
lands, the surplus volumes of the sixth census of 1840, now be- 
longing to the State of Illinois, and such other surplus volumes as 
shall be deemed by the Governor unnecessary to be retained in the 
State library, and for the use of the State ; a sufficient number of the 
above mentioned works, for all the purposes of the State, and for the 
use of the State library, are to be retained out of the sales aforesaid. 

Sec. 2. It shall be the duty of the secretary of State, in addition 
to his duties in charge of the State library, and as librarian of the 
same, as is now required by law, to cause all books belonging to the 
State library to be returned to said library on or before the second 
Monday before the commencement of each regular session of the 
State Legislature, and to make a report to each regular session of 
the Legislature, of the condition of the library, what books, maps 
and pamphlets have been added to the same since the previous ses- 
sion of the Legislature, what have been lost, if any, and the names 
of all persons who stand charged with books delivered, which have 
not been returned ; for all which services, as State librarian, the 
secretary of State shall receive such compensation as the State li- 
brary committee shall agree upon, not exceeding one hundred dol- 
lars per annum. 

Sec 3. It shall be the duty of the librarian, as soon as the same 
can be done to the best advantage to the State library, to make or 
cause to be made a catalogue of all books, pamphlets, maps, &c, in 
the same, and cause three hundred of the same to be printed. 

Sec 4. The proceeds of the sales of the surplus books, as men- 
tioned in section one of this act, after paying the necessary ex- 
penses of such sale, and all other sums of money appropriated and^ 
unexpended, or which may be hereafter appropriated for the use of 
said State library, shall be expended by the secretary of State, un- 
der the direction of the Governor, for the sole and express benefit 
of said library. 






STATE DEBT. \Q\ 

Sec. 5. The copy of the narrative of the United States explor- Prohibitions, 
ing expedition, furnished by the government of the United States, 
together with such other volumes in relation to said expedition as 
may hereafter be published by order of Congress ; and the copy of 
the Natural History of the State of New York, presented to the 
library by said State, shall not be permitted to be taken out of the 
library room. 

Approved, January 27, 1847. 



AN ACT to authorize the refunding of the State debt. In force, 

Feb'ry28, 1347, 

Whereas, the State of Illinois has, at various times, issued a large Preamble, 
number of internal improvement bonds of different classes, yet 
bearing the same numbers, and having interest coupons attached 
thereto, similar in number and description, thereby causing great 
confusion, opening a wider door for fraud, and rendering it extreme- 
ly difficult to pay the interest to those justly entitled thereto ; and 
whereas, also, from the want of a full and perfect record of the 
classes, numbers and description of the bonds so issued, it is im- 
possible at the present time to determine the precise amount of the 
indebtedness of the State, its character, and when payable ; and 
whereas, it is of the highest importance that the actual amount and 
character of the present State debt should be actually ascertained 
at the earliest possible period, preparatory to a more united and 
vigorous exertion for its payment, and to enable the convention 
for altering the constitution, about to assemble, to make some 
adequate constitutional provision for the payment of the principal 
when due, the accruing interest, and interest in arrear ; there- 
fore, 

Section 1 . Be it enacted by the People of the State of Illin ois, repre- 
sented in the General Assembly, That the Governor be authorized Governor to re- 
and directed to receive from the holders willing to surrender the 
same, the internal improvement bonds, scrip, and all other evidences 
of State indebtedness heretofore issued, and now outstanding against 
the State, (not including the Macalister and Stebbins bonds, nor any Exception, 
canal bonds, scrip, or other indebtedness incurred in behalf of the 
Illinois and Michigan canal,) and shall thereupon, in exchange for, 
and in lieu of, such bonds, scrip, or other evidences of indebtedness 
so surrendered, issue to said holders, other certificates of indebted- 
ness, equal in amount with the amount surrendered; which said new 
certificates shall, from the date thereof, bear like interest, and be Certificates to be 
made payable at the same time, with the evidences of indebtedness ' ssued ' andt0 
so surrendered, and shall be denominated "new internal improve- Denomination, 
ment stock of the State of Illinois." No certificate shall be issued 
of a less denomination than one thousand dollars, except interest cer- 
tificates, as hereinafter mentioned : Provided, that all bonds, scrip, 
&c, which shall not be surrendered up, in conformity with the pro- 
visions of this act, within eighteen months after notice given of a 
readiness, on the part of the State, to exchange as aforesaid, shall, 
11 



1(52 



STATE DEBT. 



thereafter, not be entitled to the benefit of any law which may be 
passed to pay interest on the State debt. 

interest. Sec. 2. For the interest now in arrear, certificates shall be is- 

sued at the time of making the exchange provided in the foregoing 
section, which said certificates shall not be of a less denomination 
than five hundred dollars, shall bear interest at the rate of six per 
centum per annum, from and after the first day of January, one 

certificates re- thousand eight hundred and fifty-seven, and shall be made redeema- 

deemabie;when.bi e? a t, the pleasure of the State, at anytime after the year one thous- 
and eight hundred and seventy-seven. 

How signed and Sec 3. All the certificates hereby authorized to be issued shall 

where payable, be signed by the Governor and countersigned by the treasurer, and 
shall be made payable in dollars and cents in the city of New York. 

No coupons. The interest to be paid semi-annually. No interest coupons shall 
be attached to the new certificates, but the rate of interest and the 
time of payment thereof, shall be expressly set forth in the body of 
the certificate. 

Registration. Sec 4. Before the delivery of any certificates authorized to be 

issued by the foregoing sections of this act, the Governor shall cause 
to be prepared two sets of books, in one of which he shall cause, at 
the time of making the exchange hereinbefore provided, to be care- 
fully entered a brief and accurate description of each and all of the 
bonds, scrip, and other evidences of indebtedness, to be surrendered 
as hereinbefore provided; and in the other set shall be in like man- 
ner carefully entered, a precise and accurate description of the 
number, date, and amount of each certificate, the persons to whom, 
and the purpose for which, the same are issued, and whatever else 
may be necessary to preserve a full and true account of the same. 

Exchange. Sec 5. The exchange authorized by this act to be made, may 

be effected in Springfield, Illinois, or in the city of New York, as 
the Governor shall judge best, and for the purpose of accomplish- 

Appropriation.j ing the object of this act, a sum not exceeding two thousand five 
hundred dollars is hereby appropriated out of any money in the 
treasury not otherwise previously appropriated. 

Papers filed. Sec 6. Whenever any bond, scrip, or other evidences of indebt- 

edness shall be surrendered to the Governor, and a description 
thereof duly entered as hereinbefore provided, it shall be the duty 
of the Governor to cause the same to be cancelled, and to file the same 
in the office of the treasurer of the State, to be preserved as vouch- 
ers, and be subject to the future order of the General Assembly. 
The Governor shall receive from Lyon and Howard, the internal 

covemor to is- improvement commissioners' drafts now held by them, and issue to 

sue ccmca es.^j lem new cer tig ca | es f stock as hereinbefore provided, instead of 
the internal improvement scrip which he is now directed by law to 
issue to them. 

Appoint agents. Sec 7. The Governor is hereby authorized and empowered to 
call to his aid such agent or agents as may in his judgment be ne- 
cessary for carrying into effect the provisions of this act; and the 
faith of the State is hereby pledged for the payment of the certifi- 
cates, both principal and interest, authorized to be issued by the 

certificates foregoing sections of this act. All certificates issued under and by 

transferable. virtue of this act shall be transferable, and books of transfer shall be 
kept in the cities of Springfield and New York, respectively, by 
such persons as the Governor may arjpoint. 



STATE DEBT. J £3 

Sec. 8. The holders of any State scrip below the sum of one 
thousand dollars, may present said scrip to the Governor, who shall 
register and mark it genuine ; and the interest and the principal of interest; how- 
said scrip shall be paid at the time and times provided by the provi- paul * 
sions of this act, for the payment of the State debt. 

Approved, February 28, 1847. 



AN ACT supplemental to an act entitled "An act to authorize a settlement with Ma- In force, 

calister and Stebbins, and further to diminish the State debt," approved March 4, March 1, 1847. 
1843. 

Whereas, Macalister and Stebbins, of New York, did, upon the Preamble. 
17th of June, 1841, receive of John D. Whiteside, then fund 
commissioner of Illinois, eight hundred and four interest bonds 
of one thousand dollars each, bearing interest at the rate of six 
per cent, per annum, and dated May 1st, 1841, reimbursable any 
time after the year 1865, upon which the said Macalister and 
Stebbins, about the 25th of June, 1841, advanced two hundred 
and sixty-one thousand five hundred and sixty dollars and eighty- 
three cents, they agreeing to advance enough more to make the 
sum of three hundred and twenty-one thousand dollars, being 
forty cents on the dollar upon the whole eight hundred and four 
bonds, which last named advancement never was made ; and 
whereas, the said John D. Whiteside, near the said 25th of June, de- 
livered to the said Macalister and Stebbins thirty internal im- 
provement bonds of one thousand dollars each, upon which they 
agreed to make a further advance to the State, in case it should 
be necessary to pay the July interest, but such advance never 
was made. A short time after this, and previous to the 1st of 
July, 1841, the said John D. Whiteside gave to the said Macalis- 
ter and Stebbins an order on Nevins, Townsend & Co., of New 
York, for forty-one bonds of one thousand dollars each, which 
they were to pay over to the said John D. Whiteside when they 
should obtain the same. The said Macalister and Stebbins did 
obtain these bonds but never paid them over to the State or her 
agent. About the 27th day of October, 1841, the said Mac- 
alister and Stebbins received of Michael Kennedy thirty-eight 
thousand two hundred and fifteen dollars and forty-four cents, 
which were placed to the credit of the State by them, as well as 
the thirty bonds which they received of the said John D. White- 
side, and, also, the forty-one bonds received from Nevins, Town- 
send & Co., the three last mentioned sums making one hundred 
and nine thousand two hundred and fifteen dollars and forty-four 
cents, over and above the eight hundred and four interest bonds 
first received by them, making in all the sum of nine hundred 
and thirteen thousand two hundred and fifteen dollars and forty- 
four cents, which the said Macalister and Stebbins acknowledged 
in their account rendered the State, at the session of the General 
Assembly of 1842 '3, (see reports, page 197,) was held in secu- 
rity for the two hundred and sixty-one thousand five hundred 






164 



STATE DEBT. 



and sixty dollars and eighty-three cents, actually advanced as 
aforesaid, that sum being but twenty-eight cents and sixty-four 
hundredths of a cent upon the dollar, of bonds^so as aforesaid 
received by them ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
Bonds to be sur- represented in the General Assembly, That upon the surrender to 
rend'dto Go ^Jthe Governor, by the said Macalister and Stebbins. of the balance 
Issue new bonds, of the said eight hundred and four interest bonds, with their 
coupons, hypothecated with them on the 17th day of June, one 
thousand eight hundred and forty-one, and now outstanding against 
the State, and also other internal improvement bonds and scrip sub- 
sequently obtained, and amounting, at the time they obtained them, 
to the sum of one hundred and nine thousand two hundred and fif- 
teen dollars and forty-four cents, over and above the eight hundred and 
four interest bonds first received by them, as aforesaid, with the cou- 
pons upon said bonds, and the interest upon said scrip, from the date 
they were received by them, it shall then be the duty of the Governor 
to issue bonds of not less than one thousand dollars each, and pay- 
able after the year one thousand eight hundred and sixty -five, bear- 
ing interest at the rate of six per cent., and payable semi-annually 
in the city of New York,p-o rata out of the interest fund ; balance 
of interest to be paid out of the State treasury. The amount of 
bonds to be issued by the Governor as aforesaid to be equal to the 
balance remaining due the said Macalister and Stebbins, principal 
and interest, at the rate of seven per cent, per annum, as per con- 
tract, upon their advance of two hundred and sixty-one thousand 
five hundred and sixty dollars and eighty-three cents, from the date 
of said advance up to the time of settlement, under the provisions 
of this act ; and should the said Macalister and Stebbins not surren- 
der to the Governor all of the said eight hundred and four interest 
bonds, the amount they shall fail to surrender, and being the same 
heretofore taken up by the State, shall be credited the State and 
deducted from the amount found due them from the time they shall 
have been taken up by the State, at the rate of twenty-six cents on 
the dollar: Provided, that no bonds shall be issued by the Gover- 
nor as aforesaid except upon a surrender to the State of the whole 
amount of the outstanding interest bonds and other bonds and scrip 
as hereinbefore stated, and that such surrender be made on or 
before the fourth day of July next, otherwise this act to be void 
and of none effect, as also the one to which this is a supplement. 

Sec. 2. The bonds authorized to be issued by this act shall 
bear upon their face the words "Liquidation bonds," and be signed 
by the Governor, countersigned by the State treasurer, and have 
the great seal of State affixed thereto, and there shall be preserved 
in the offices of the secretary of ^5tate and treasurer a description of 
the amounts, dates, and time of issuing said bonds, and the bonds 
and scrip so taken up undt r this act shall be cancelled by the 
Governor, and a list of their dates, numbers, amounts, and by whom 
signed, recorded in the office of secretary of State. 

Sec 3. So much of the act to which this is a supplement as is 
inconsistent with this act be, and the same is hereby, repealed. No' 
liability on the part of this State to pay the above enumerated 
bonds is acknowledged, further than as conceded and expressed in 



STATE DEBT. J Q[ 

this act and the act to which this is a supplement. This act shall 
be in force from and after its passage. 
Approved, March 1, 1847. 



AN ACT to fund State scrip. In force, 

Feb>ry 22, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented inthe General Assembly, That all such contractors as may contractors may 
have received scrip, certificates of canal indebtedness, or other evi- surrender am't. 
dences of canal indebtedness, from the board of commissioners of 
the Illinois and Michigan canal, and from the Governor, shall have 
the right to surrender the amount which they may have received as 
aforesaid, and upon the presentation and surrender of said scrip and 
indebtedness, the Governor is hereby authorized and required to 
issue to said contractors, Illinois and Michigan canal bonds, bearing 
six per cent, interest for the principal thereof, and shall make a 
computation of interest on all such scrip and indebtedness, from the 
date of the same, and issue certificates of canal indebtedness (with- 
out interest, ) for the amount of back interest thus found to be due, 
which certificates shall be received in payment for all canal lots and 
lands heretofore sold, and for all dues to the canal fund. The bonds 
to be issued under the provisions of this act shall be of the same 
denomination, the principal and interest of which shall be payable 
at the same time, and in the same manner, and stand upon the same 
footing, with those heretofore issued. Those who furnished pow- 
der to contractors, under a contract made with the board of commis- 
sioners, and received canal indebtedness from said board inpayment 
therefor, shall be entitled to the privileges conferred upon other 
contractors, for such scrip as they may have received under such 
contract. 

Sec 2. When any scrip or canal indebtedness, notbearing inter- 
est on its face, and which shall have been registered under the pro- 
visions of an act entitled "An act to provide for the completion of the 
Illinois and Michigan canal, and for the payment of the canal debt, 
approved February twenty-first, eighteen hundred and forty-three, 
and all acts supplemental thereto, shall be presented to the Gover- 
nor by said contractors, as aforesaid, it shall be the duty of the Dut y of Gov'r. 
Governor to compute interest thereon, from its date until the time 
when the same shall have been registered as aforesaid, and shall 
issue to said contractors certificates of canal indebtedness for such 
| interest, which shall be receivable for all debts and dues owing to 
i the canal fund for lots and lands heretofore sold ; and the Governor 
shall also compute the interest on the said scrip and canal indebted- 
i ness, from the date of the registry aforesaid until the same shall be 
\ presented for exchange as aforesaid, and shall issue certificates 
! therefor, as aforesaid, which latter certificates shall be entitled to all 
the benefits, advantages and preferences given under the acts afore- 
said to the interest on registered canal bonds, and shall be paid in the 
I same manner, and the bonds to be issued by the Governor, in exchange 
for registered scrip and indebtedness, shall have the same force and 



I 66 TENANTS— TOWNS. 

effect, and be entitled to all the advantages and preferences, and 
shall, in all respects, stand in the place of, and be substituted for, 
the scrip and indebtedness surrendered and exchanged therefor ; 
and it shall be the duty of the Governor to provide for the regis- 
tering the new bonds and scrip so issued, and entitled to such pre- 
ference, in place of the scrip and indebtedness surrendered. The 
interest on registered canal scrip and indebtedness, bearing interest 
on its face, shall be computed up to the time when the same shall 
be presented to the Governor for exchange, and certificates shall be 
issued therefor, which shall be registered as aforesaid, and shall be 
entitled to all the advantages and preferences given by the canal 
laws to interest on registered canal bonds. 

Sec. 3. It .shall be the duty of the Governor to keep a complete 
record of all the scrip and indebtedness which may be redeemed as 
aforesaid, showing the amount redeemed and the amount of interest 
allowed, and cause the same to be cancelled and deposited in the 
office of the auditor of public accounts 5 and shall also keep a com- 
plete record of all the bonds issued, with a description of date, 
amount, and to whom paid. 

Approved, February 22, 1847. 



In force, AN ACT in relation to tenants in common. 

Feb'ry 16, 1847. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That hereafter tenants in com- 
mon of any real estate in this State shall be, and they are hereby, 
Taxes. authorized to pay their respective individual shares of. any taxes 

accruing upon the same, according to their individual interests 
therein. 
ReJemi tion of Sec. 2. That tenants in common shall hereafter, in all cases 
interest. when the lands, tenements, or hereditaments, so holden in common, 

have been sold for taxes, and the time for the redemption of the 
same as now provided by law has not expired, be, and they are 
hereby, allowed to redeem their individual interest in such lands, 
tenements, and hereditaments, by the payment of tax, interest and 
costs, accruing upon said interest, as in other cases. 
Approved, February 16, 1847. 



In force, AN ACT to provide for vacating town plats, 

Feb. 1G, 1847. 

Section 1. Be it enacted by the People of the Hate of Illinois , 

Maybe vacated ; represented in the General Assembly, That in all cases where persons 

when. have heretofore, or may hereafter, lay out towns, or additions to 

towns, or subdivisions of town lots, and the plats or maps thereof 

shall have been recorded, they, their heirs, assigns, or grantees, 

may, at any time before making sale of any single lot or lots, by ex- 






TOWNS. J §7 

ecuting a writing, and causing the same to be recorded in the office 
in which the plat or map was recorded, declare such map or plat to 
be vacated; and the execution and recording of such writing shall ope- 
rate to destroy the force and effect of the recording of the plat or 
map so vacated, and to divest all public rights in the streets, alleys, 
commons, and public grounds, laid down or described in such plat 
or map ; and in cases where any single lot, or lots, have been sold, 
the plat or map may be vacated, as herein provided, by all the 
owners of lots joining in the execution of the writing aforesaid : 
Provided, that no such writing shall be recorded until the ex- 
ecution thereof shall have been acknowledged or proved, as is, or 
may be, required in respect to deeds. 

Sec 2. The provisions of this act shall not apply to the original Not to apply to 
plat or map of any town located or laid out as or for a county seat, county seats * 
■so long as the county seat shall remain at such town, but plats or 
maps of additions to such towns, or subdivisions of lots included in 
the recorded plats or maps thereof, may be vacated as herein pro- 
vided for : Provided, however, that nothing contained in this act shall 
authorize the closing or obstructing a public road, laid out according 
to law. 

Sec 3. Any part of a plat or map of a town, addition or sub- 
division may be vacated under the provisions and subject to the 
•conditions herein contained. 

Approved, February 16, 1847. 



AN ACT for the relief of incorporated towns. In force, 

March 1, 1847. 

Whereas, the county commissioners' courts of many of the coun- 
ties in this State, acting under the provisions of the road law, 
have assessed a road tax upon the taxable property within their 
respective counties, tvithout excluding from the operation of said 
tax property situated in, and owned by inhabitants of, incorpora- 
ted towns ; and whereas, most of the acts incorporating the in- 
habitants of towns require such inhabitants to keep all the public 
roads passing from and through their said towns in repair, for the 
distance of one mile from the centre thereof, and in consequence 
thereof said towns are not included in any county road district, 
but the inhabitants thereof pay for keeping the roads in repair, 
under the operation of the by-laws of the corporation, and it be- 
ing manifestly unjust to require the inhabitants of towns so situated 
to pay double taxes for road purposes ; therefore, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly ^ That in all cases where 
county commissioners courts have assessed a road tax operating up- 
on property situated in incorporated towns, the inhabitants of which 
are required to keep the roads passing through and from their said 
towns in repair, said tax shall be, and the same is hereby, released. 

Sec 2. Hereafter in assessing the road tax by county commis- 
sioners' eourts, property situated within the limits of incorporated 



]gg WEIGHT OF COAL— WILLS. 

towns, the' inhabitants of which are required to keep the roads in 
repair, as mentioned in the second section of this act, shall be ex- 
cluded from the operation of the order assessing said tax. 
Approved, March 1, 1847. 



Inforce, AN ACT to fix the standard weight of coal, 

Feb'ry 13, 1847. 

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

represented in the General Assembly, That whenever mineral coal 

shall be sold by the bushel within the limits of this State, and no 

special agreement as to the weight or measurement shall be made 

Bushel to con- by the parties, the bushel shall consist of eighty pounds, and this 

tun so lbs. shall be the standard weight of a bushel of coal. 

Sec. 2. This act to be in force from and after its passage. 
Approved, February 18, 1847. 



In force AN ACT lo amen<i " An act concerning wills." 

Feb'ry 11, 1847. 

Section 1. Be it enacted by the People of the State of Illinois? 
Absolute allow- represented in the General Assembly, .That widows, living in this 
ances to widow State, of persons whose estates are administered upon in this State y 
shall be allowed in all cases, in exclusion of creditors, as their sole 
and exclusive property forever, necessary beds, bedsteads, and bed- 
ding for themselves and families, necessary household and kitchen 
furniture, one spinning wheel, one locm and its appendages, one pair 
of cards, one stove and the necessary pipe therefor, the wearing 
apparel of themselves and families, one milk cow and calf for every 
four persons in the family, one horse at the value of forty dollars, 
one woman's saddle and bridle of the value of fifteen dollars, pro- 
visions for themselves and families for one year, two sheep for each 
member of the family, and the fleeces taken from the same, food for 
the stock above described for six months, fuel for themselves and 
families for three months, and sixty dollars worth of other property. 
Dower. Sec 2. In addition to the above, widows of persons who have 

■ or may die intestate, shall be entitled to the one-third of the personal 
estate of their deceased husbands, after the payment of debts, as their 
property forever. 
Duty of apprais- ^ E0, ^' ^he appraisers shall make out and certify to the court 
ers. . of probate, an estimate of the value of each article of specific proper- 

ty herein allowed to the widow, 
widowmaytake Sec 4. In case the widow shall desire to take other property 
other articles. j n ]i eu f that above specified, she shall take the same at the value 

affixed by the appraisers. 
iv:pcal'g clause. Sec. 5. The forty-eighth section of the law concerning wills,, 
approved March third, one thousand eight hundred and forty-five, 
and the first section of the act numbered thirty-seven in the appen- 



wills. 169 

dix to the revised laws of one thousand eight hundred and forty-five, 
approved twenty-first February, one thousand eight hundred and 
forty-five, are hereby repealed, and the remaining sections of said 
act, numbered thirty-seven, shall relate to the provisions of this act. 

Sec. 6. The word "dower," as used in the forty-sixth section of Explanatory 
the one hundred and ninth chapter of the Revised Statutes, entitled clause * 
"wills," shall be construed to include a saving to the widows of 
persons dying intestate, of one-third of the personal estate forever, 
after the payment of debts. 

Approved, February 11, 1847. 



.1 



JOINT RESOLUTIONS. 



[No. I.] 

JOINT RESOLUTIONS relative to the funding of the State debt. 

Resolved by the House of Representatives, the Senate concurring 
herein, That the State of Illinois is bound by every principle of 
justice, and a regard to its honor and credit, to make provision for 
the payment of its debts, and we consider it the fixed policy of the 
State to provide by all practicable means for the accomplishment of 
that object. 

Resolved, That the Governor be requested to open a correspond- 
ence with the holders of our internal improvement bonds, for the 
purpose of ascertaining on what terms they will consent to the 
funding of our debt, and the emission of new bonds. 

Resolved, That all the electors qualified to vote for delegates to 
the convention called to amend the constitution, are hereby recom- 
mended to vote at the election for said delegates for or against the 
imposition of a poll tax, not exceeding one dollar on all male citi- 
zens of this State, above the age of twenty-one years, soldiers of 
the revolution, and soldiers of the late war with Great Britain, or 
the present war with Mexico, wounded or disabled in the service, 
excepted ; and the proper officers are hereby required to give no- 
tice of, open polls for, and make returns of, said vote, together with 
the vote for said delegates. 



[No. II.] 

RESOLUTION on the subject of the Post Office at Springfield. 

1st. Resolved by the Senate, /he House of Representatives concur '- 
ring herein, That our senators in Congress be instructed, and our 
representatives requested, to use their most diligent exertions with 
the post office department of the United States, to have the post 
office at the city of Springfield, in this State, made a distributing 
office, with such regulations as may be sufficient to meet the grow- 
ing demands upon the same. 

2d. Resolved, That his excellency the Governor, be requested 
to transmit a copy of the foregoing resolutions to each of our mem- 
bers in Congress, and also a copy to the honorable postmaster gen- 
eral of the United States. 



172 JOINT RESOLUTIONS. 



[No. III.] 

JOINT RESOLUTION instructing our Senators and requesting our Representatives in 
Congress for grant of lands. 

Resolved by the Senate, the House of Representatives concurring 
herein, That our senators in Congress be instructed, and our repre- 
sentatives be requested, to use their best endeavors to procure the 
the passage of a bill, similar to one introduced by the Hon. S. Breese 
at the last session of Congress, granting to the State of Illinois a 
quantity of land to aid her in the completion of the Northern Cross 
and Central railroads. 



[No. IV.] 

RESOLUTION relative to amending the constitution of the United States. 

Resolved by the House of Representatives, the Senate concurring 
herein, That our representatives in Congress be requested, and 
our senators instructed, to vote for a proposition to amend the United 
States' constitution, in such a manner as to change the tenure by 
which the judges of the United States hold their offices, so that here- 
after they hold them for a limited period, and not for life. 

Resolved, That the Governor forward to each of our members in 
Congress a copy of this resolution. 



[No. V.] 

PREAMBLE AND RESOLUTION upon the subject of claims growing out of the "Illi- 
nois campaign," under general George Rogers Clark in 1778 — 9. 

Whereas, during the expedition under gen. George Rogers Clark, 
in the years seventeen hundred and seventy-eight and seven- 
teen hundred and seventy-nine, known as the "Illinois campaign," 
the forces under him suffered so great privations, and encountered 
such difficulties, as promised to render abortive the purposes 
thereof; and whereas, nothing but the aid and advances of cer- 
tain individuals then resident in the territory, among whom none 
acted more patriotically and generously than Francis Vigo and 
the ancient inhabitants of Kaskaskia, rescued the troops from 
disaster and probable destruction, and secured to the State of 
Virginia a successful consummation of the purposes of the cam- 
paign ; and whereas, Virginia has heretofore "audited and allow- 
ed" the claims preferred against her on account of the aforesaid 
advances* the payment of which has devolved upon the United 



JOINT RESOLUTIONS. J 73 

States, by virtue of the cession of the country then rescued from 
the armed occupation of the English and Indians combined ; and 
whereas, the United States, notwithstanding their legal and equita- 
ble obligation to liquidate the said claims, having, at repeated in- 
vestigations through committees in Congress, acknowledged the 
validity thereof, have neglected to discharge the same, although 
there now remains no reasonable excuse for further delay in their 
adjustment and payment, the government having already received 
millions of dollars from the sale of the lands acquired in the afore- 
mentioned cession from Virginia, on which said claims were and 
are subsisting equitable liens, and no reason now being offered 
for such delay by any, save that based upon the antiquity of such 
claims, a reason addressing itself only to a mind unwilling to 
perform an act of justice, and unworthy the regard of a high- 
minded and grateful nation and government ; therefore, 

Be it resolved by the People of the State of Illinois, represented in 

I the General Assembly, That our senators in Congress be instructed, 

i and our representatives requested, to use all proper exertions to 

j secure the early adjustment and payment of all such claims as are 

comprehended within the terms of the foregoing preamble. 

Resolved, That the Governor be respectfully requested to trans- 
mit to our senators and representatives in Congress, at as early a 
day as practicable, a copy of the foregoing preamble and resolution. 



[No. VI.] 

PREAMBLE AND RESOLUTIONS voting thanks to lieutenants Pope and Scarritt, for 
their gallant conduct at the battles of Monterey. 

Whereas, we, as Americans, ever feel proud of the gallantry and 
bravery of our citizens wherever and whenever they have appear- 
ed in the field of battle contesting for our country ; and whereas, 
we feel especially proud of the bravery and gallantry exhibited at 
the taking of the city of Monterey, in seeing among those who 
distinguished themselves as officers, brave, gallant, and scien- 
tific, the names of lieutenants John Pope and Mason Scarritt, 
both graduates of West Point, and natives of our own beloved 
State ; therefore, be it 

Resolved by the General Assembly of the Stale of Illinois, That the 
thanks of the citizens of this State are due unto lieutenants John 
Pope and Mason Scarritt, for their bravery and gallantry exhibited 
in the battles of the 21st, 22d, 23d, and 24th of September last, at 
the city of Monterey. 

Resolved, That the brave and noble conduct of lieutenants John 
Pope and Mason Scarritt, in the battles of Monterey, gives us fully 
the power to assure our fellow citizens of Illinois that her sons, 
who have left their homes to fight the battles of their country, will 
well sustain the character of their native and adopted State. 



J74 JOINT RESOLUTIONS. 



[No. VII.] 

PREAMBLE AND RESOLUTIONS relative to the Mexican war. 

Whereas, the war now existing between the United States and 
the republic of Mexico has been brought on by the most un- 
paralleled system of insult and aggression on the part of our 
enemy, who has not only repeatedly refused to fulfil treaty stip- 
ulations sacredly entered into for the indemnification of injuries 
sustained by American citizens, and insultingly rejected an ac- 
credited minister of the United States, who had been invited 
within her borders for the purpose of arranging boundary diffi- 
culties, but has on false assumptions, and grounds wholy untena- 
ble, entered our territory, and murdered our citizens, thus com- 
pelling our authorities to throw aside the amicable feelings enter- 
tained towards a neighbor, aiming to maintain a popular govern- 
ment similar to our own, and to resort to the last arbitration of 
nations in order to sustain our citizens in their rights, to drive 
from our boundaries an insolent invader, and to preserve from 
desecration the honor of our nation; and whereas, our govern- 
ment is so constituted that the prime source of all power is in 
the people, and that their sentiments and opinions expressed to 
the more remote authorities, through their immediate representa- 
tives, form the basis of all correct action on the part of our gov- 
ernment, it becomes our duty as representatives of the people of 
a State that gave the strongest expression in favor of a measure 
which is made the ostensible cause of the hostile attitude of 
Mexico, to express our feelings in this important crisis of the 
war, and to lend to the administration a hearty co-operation ; 
therefore, be it 

Resolved by the General Assembly of Illinois, That we approve 
of the course pursued by the United States government in sending 
the " army of occupation" into our territory on the Rio Grande, 
when the intolerable braggadocio of the insolent Mexicans, and their 
concentration of forces for the invasion of our soil, rendered a war 
inevitable, and that this course alone could have preserved us from 
an invasion disgraceful to our national honor, and disastrous to our 
south-western frontier settlements. 

Resolved, That the prompt and efficient manner in which the 
Congress of the United States, when the first sound of collision was 
heard in the capitol, stepped forward and voted to the commander- 
in-chief "the sinews of war," meets with our most cordial approba- 
tion, and that we have no hesitation in believing that the same spirit 
which led them to afford the means for opening the war with a bril* 
liant train of victories, will urge them to vote supplies, to enable our 
gallant army to close hostilities speedily, and to cover itself with 
unfading laurels. 

Resolved, That the rush of volunteers from every portion of our 
extended territory, in answer to the call of the President, evinces to 
the world the innate strength of our government, and the grandeur 
of its institutions, and must satisfy all, that a citizen soldiery, de- 






r ? 



JOINT RESOLUTIONS. 



275 



fending their own homes and firesides, is a most efficient means of 
defence, and a wall of strength that cannot be broken down. 

Resolved, That the gallant bearing of our army on the fields of 
Palo Alto and Resaca de la Palma, and before the battered walls of 
Monterey, calls for expressions of the warmest approbation, and that 
the feats of individual bravery and personal daring exhibited on these 
occasions by our regular forces, and enthusiastic volunteers, are not 
eclipsed by any achievements that adorn and brighten the pages of 
ihistory. 

Rescdved } That we have the most unlimited confidence in the skill 
'and gallantry of our navy, and from the able manner in which it has 
:been brought to bear upon the defence of our commerce, and the 
[prevention of hostile demonstrations by the enemy, we may be well 
[assured that when called upon to act further, its operations will not 
,be eclipsed even by the brilliant achievements of our victorious ar- 
imy. 

Resolved, That great credit is due to the noble sons of Illinois, 
[who, when the government called for troops for the Mexican war, 
'hurried in crowds to the rescue of their country, and for four thous- 
and called, offered more than twice that number, and we feel assured 
fthat in any further call for aid, the government will not find the 
'people of Illinois hesitating or complaining, unless they may com- 
! plain, as they have already done, that many of them are left behind. 
Resolved, That we hereby instruct our senators, and recommend 
(our representatives in Congress, to lend their support to the admin- 
'j istration, by voting supplies of men, as well as money, for the most 
i active prosecution of the existing war to a speedy and successful 
I termination. 

Resolved, That to evince the gratitude and good feeling of the 
country to the soldiers in the army, engaged in the Mexican war, 
i and to those hereafter entering the military service of the govern- 
| ment, a bounty in land of one hundred and sixty acres should be 
! granted by the general government to each soldier as aforesaid ; the 
said land to be selected out of any of the public lands subject to pri- 
i vate entry. 

Resolved, That three hundred and twenty acres of land should be 
) granted by the general government to the representatives of each, 
soldier dying in the service, or being killed in battle. 

Resolved, That the members in Congress from the State of Illi- 
nois be respectfully requested to use their best exertions to carry 
into effect the above resolutions, and that the Governor furnish to 
each member in Congress from the State of Illinois a copy of said 
resolutions. 

Resolved, That the thanks of the nation are due to general Zach- 
ary Taylor, the commander of the army of the Rio Grande, and all 
the officers and soldiers under his command, for their gallantry and 
skill in the conduct of the war, at the battles of Palo Alto and Resaca 
de la Palma, and to generals Taylor and Worth, and the officers and 
soldiers under their several commands, at the seige of Monterey. 

Resolved, That we appreciate the patriotism and gallantry of the- 
brave volunteers from this State, who are now in service in said 
war, and their faithful and unflinching performance of duty, under 
the most discouraging circumstances. 



J 75 JOINT RESOLUTIONS. 



[No. VIII.] 

PREAMBLE AND RESOLUTION relative to the geological, mineralogical, and agricul- 
tural, resources of the State of Illinois. 

Whereas, it is indisputable that for rich geological, mineralogical 
and agricultural resources, the State of Illinois is not surpassed 
by any State in the Union ; and whereas, it is of vital importance 
to the future interest and prosperity of our State, that her latent 
resources be fully known and developed ; and whereas, it has 
been represented that the persons named in the following resolu- 
tion, in their deep interest in the prospective advantages to our 
State of such a demonstration to the world of her resources, are 
generously disposed to interest themselves in the advancement 
of such a result, free of charge ; therefore, be it 

Resolved by the House of Representatives, the Senate concurring 
herein, That A. Randall, Charles Whitlesey, John S. Wright, H. 
S. Cooley, and Francis Springer, be, and they hereby are, appointed 
commissioners of the State of Illinois, to prepare and report to the 
Governor of the State of Illinois, on or before the first Monday in 
April, one thousand eight hundred and forty-eight, a statement of 
the propriety, advantages, &c, of a geological survey of this State: 
Provided, that no charge shall be made to this State for their ser- 
vices as said commissioners. 



[No. IX.] 

PREAMBLE AND RESOLUTIONS instructing senators, &c. in Congress, on the sub- 
ject of the graduation or cession of the public lands. 

Whereas, the present land system of the United States tends to 
retard the population and growth of the States in whose limits 
the public lands lie ; and whereas, the true policy of the federal 
government is to encourage the sale and settlement of the public, 
lands thereof, whereby the national wealth will be increased, and 
national prosperity promoted ; and whereas, the present condition 
of things in this State loudly calls for the exertion of all the just 
powers conferred on the Legislature hereof, to place her in a 
better attitude, and to improve her financial condition ; and where- 
as, the reduction of the price of the public lands of the United 
States, lying within the constitutional boundaries of the State, 
would tend to increase the population, and, in a corresponding 
degree, the resources of the State, and thereby the means to pay 
the present large debt of the State ; therefore, 
Resolved by the General Assembly of the State of Illinois, That our 
senators in Congress be instructed, and our representatives request- 
ed, to use their best endeavors to procure the passage of a law to 



JOINT RESOLUTIONS. \ 77 

reduce the price of the public lands within the limits of the several 
States, or for the cession of the same to the States in whose bound- 
aries they may respectively lie, as the one or the other measure shall 
be deemed more practicable at this time. 

Resolved, That the Governor of this State be respectfully request- 
ed to forward a copy of the foregoing preamble and resolution to each 
of our senators and representatives in the Congress of the United 
States of America. 



[No. X.] 

RESOLUTION relative to the Mississippi river and Lake harbors. 

Resolved by the Senate, the House of Representatives concurring 
herein, That our senators in the Senate of the United States be in- 
structed, and our representatives be requested, to use their best ex- 
ertions to procure, at the present session, the passage of a la*v by 
Congress making appropriations for the improvement of the Missis- 
sippi river and the lake harbors. 

Resolved, That the Governor be requested to forward* a certified 
copy of this resolution to our senators and each of our representa- 
tives in Congress. 



[No. XI.] 

RESOLUTION relative to binding the laws, &c 

Resolved by the House of Representatives, the Senate concurring 
herein, That the acts passed at this General Assembly shall be 
bound in half binding, and that but five hundred copies of the incor- 
poration and private acts be printed. 



[No. XII.] 

JOINT RESOLUTION relative to the construction of a railway from Lake Michigan to 
the Pacific ocean. 

Resolved by the House of Representatives of the State of Illinois, the 
Senate concurring herein, That we have seen and read with pleasure 
the very interesting report of our worthy and intelligent senator 
Breese, upon the propositions of Mr. Whitney, of New York, on 
the subject of a railroad from Lake Michigan to the Pacific ocean, 
and heartily concur in the sentiments and ideas therein set forth. 
12 



1 7g JOINT RESOLUTIONS. 

Resolved, further, That our senators and representatives in Con- 
gress be, and they are hereby, requested and instructed to use their 
influence in sustaining the propositions of Mr. Whitney, which have 
been submitted to the Congress of the United States for a railroad 
from Lake Michigan to the Pacific ocean. 

Resolved, That a copy of the above resolutions be transmitted by 
the Governor of this State to each of our senators and representa- 
tives in Congress. 



[No. XIII.] . 

RESOLUTION concerning the printing of the laws. 

Resolved by the General Assembly, That the secretary of State be 
instructed to publish all laws of a general nature, passed at this ses- 
sion of the General Assembly, which take effect from their passage, 
or which take effect immediately thereafter, in the Illinois State Reg- 
ister and in the Sangamon Journal, immediately after the adjourn- 
ment of the General Assembly ; which laws, so published, shall be 
evidence of what therein is provided : Provided, that the cost of 
publishing said laws shall not exceed one hundred dollars to each 
paper ; and that one copy of each paper shall be furnished to the 
clerks of the circuit and county commissioners' courts. 



[No. XIV.] 

JOINT RESOLUTIONS instructing our senators and representatives in Congress relative 

to Oregon. 

Resolved by the Senate, the Houie concurring herein, That our sen- 
ators in Congress be instructed, and our representatives requested, 
to use their best exertions in favor of the early passage of a law ex- 
tending the laws of the United Stales, and providing for the organi- 
zation of a government, over and in the territory of Oregon ; and, 
also, to provide for the establishment of military posts on the route 
from the western settlements in Missouri, to the settlements in Ore- 
gon, and for the transportation of a monthly mail, to and from that 
territory ; and, also, for liberal donations of land to those who are 
now and may hereafter become the early settlers of that country. 

Resolved, That the Governor be requested to forward a copy of 
these resolutions to each of our senators and representatives in 
Congress. 



JOINT RESOLUTIONS. ^79 



[No. XV.] 

PREAMBLE AND RESOLUTION resolution relative to the improvement of the Great 

Wabash. 

Whereas, the improvement of the Wabash river is of vital impor- 
tance to the State, and more particularly to the citizens residing 
in the eastern section of Illinois ; and whereas, in our opinion the 
Wabash is one of the great navigable streams referred to in the 
ordinance of one thousand seven hundred and eighty-seven, whose 
navigable waters lead into the Mississippi, and is by nature in- 
tended by the said ordinance to be considered the common high- 
way for all of our citizens ; therefore, 

Be it resolved, That our senators in Congress be instructed, and 
our members requested, to use their endeavors, in conjunction with 
he members from Indiana, to procure the passage of a law giving 
and to the States of Indiana and Illinois, to be sold, and the proceeds 
aid out solely for the improvement of the navigation on said river, 
and for no other purpose. 

Resolved, That the Governor transmit a copy of this resolution to 
each of our senators and members in Congress. 



[No. XVI.] 
JOINT RESOLUTIONS to present swords to lieutenants Pope and Scarritt. 

Resolved by the General Assembly of the State of Illinois, That 
there be presented, in behalf of this State, a sword to lieutenant John 
Pope, as a testimonial of the high estimation in which are held his 
gallant conduct, noble bearing, and important services in the battle 
of Monterey, where he honored this, the land of his birth, and shed 
a lustre on the arms of his country, proving himself to be a soldier, 
brave and patriotic, and by carrying off the field, while exposed 
to the most imminent danger, amidst showers of balls, covering him 
with dust, a wounded fellow oificer, to be a man, feeling and hu- 
mane. 

Resolved, That there be, also, presented a sword to lieutenant Ma- 
Son Scarritt, as a testimonial of the high estimation in which are 
held his gallant and noble bearing in the same battle, where he hon- 
ored this State, in which he was raised, and shed lustre on the arms 
of his country, proving himself to be a soldier both brave and patri- 
otic. 

Resolved, That the Governor procure two swords, with suitabl« 
devices, and present one to lieutenant John Pope, and the other to 
lieutenant Mason Scarritt. 



JOINT RESOLUTIONS. 

[No. XVIIJ 

PREAMBLE AND RESOLUTIONS relative to school lands. 

Whereas, the Congress of the United States has granted to the 
State of Illinois the sixteenth section of each township, for the 
support of common schools ; and whereas, in many cases, such 
lands are, in whole or in part, worthless and unproductive ; and 
whereas, it is desirable to make the school fund of each township 
as productive as well for the present as any future generation 
of children ; therefore, be it 

Resolved, That our senators in Congress be instructed, and our 
representatives be requested, to use their best exertions to procure 
the passage of a law authorising the citizens of each township, 
where their sixteenth section is unproductive in whole, or in part 
worthless, to relinquish such sections and select other lands in lieu 
thereof, belonging to the general government, in this State. 

Resolved, That the Governor of the State of Illinois transmit a 
copy of this preamble and resolution to each of our members in 
Congress. 



[No. XVIIL] 

RESOLUTION relative to the per centage of the Illinois school fund. 

Resolved by the House of Representatives, the Senate concurring 
herein, That our senators in Congress be instructed, and representa- 
tives requested, to use their influence to rescind a resolution of the 
Congress of the United States, approved March third, one thousand 
eight hundred and forty-five, by the authority of which the secreta- 
ry of the treasury retains a portion of the per centage to which this 
State is entitled out of the sales ol the public lands lying within 
the limits of this State. 

Resolved, That his excellency, the Governor, be requested to trans- 
mit a copy of the foregoing resolution to each of our senators and 
representatives in Congress. 



[No. XIX.] 

RESOLUTION in relation to continuing the Cumberland road. 

Resolved by the House of Representatives, the Senate concurring 
herein, That our senators in Congress be instructed, and our repre- 
sentatives requested, to use their strenuous exertions to procure 



JOINT RESOLUTIONS. 181 

the passage of a law making an appropriation of money for the 
continuation and completion of the Cumberland road through the 
State of Illinois. 

Rzsolved, That the Governor of this State be requested to for- 
ward a copy of the above resolution to each of our members in 
Congress. 



[No. XX.] 

RESOLUTIONS concerning pensions to persons employed in the ranging service. 

Whereas, there are persons now living in this State who, in early 
life, and when our country was a wilderness, settled here, and 
encountered the dangers of the tomahawk and scalping-knife of 
the savage, together with the privations incident to the settlement 
of a new country, and who, when war was declared between 
this country and Great Britain, gallantly defended its interests, 
vindicated its rights, and endured hardships equal to those for 
whom Congress has provided pensions and other modes of relief; 
and whereas, the government of the United States has made no 
provision for those persons, or the families of those who lost 
their lives in that service, and as these fathers of their country, 
and its early pioneers, are fast sinking into their graves, unheed- 
ed and unprovided for by the government and country they have 
so faithfully and efficiently served ; many of them, in consequence 
of exposure and hardships encountered in the service of their 
eountry, as well as on account of their advanced age, being un- 
fitted to support and maintain themselves during their declining 
years ; therefore, be it 

Resolved by the General Assembly of the State of Illinois, That we 
deem it due to the persons employed in the ranging service of the 
United States, during the last war, that their names should be placed 
upon the pension lists of the United States, upon the same terms 
and footing as others to whom pensions have been granted by our 
national government. 

Risoloed 6y thU General Assembly, That our senators in Congress 
be instructed, and our representatives be requested, to use their 
best exertions to procure the passage of an act of the Congress of 
the Unite I States, for carrying into effect the provisions contem- 
plated in the foregoing preamble and resolutions. 



[No. XXI.] 

PREAMBLE AND RESOLUTIONS relative to the Mexican war. 

Whereas, the government of the United States are engaged in 
war, and it being desirable that the same should be prosecuted 



JOINT RESOLUTIONS. 

with vigor and energy on the part of this government, and ter- 
minated as speedily as possible by taking the capital of Mexico, 
if necessary, to its honorable termination ; therefore, be it 

Resolved by the House of Representatives of the State of Illinois, 
the Senate concurring herein, That our senators in Congress be in- 
structed, and our members requested, to vote for any proposition, 
constitutional and practicable, for raising men and money to carry 
on the war ; and that they aid, by every means in their power, any 
measure or proposition that in their opinion will nerve the arm of 
government to increased vigor in the prosecution of the same. 

Resolved, That the Governor of this State forward a copy of this 
preamble and resolution to each of our senators and members in 
Congress, with all possible speed. 



[No. XXII.] 

JOINT RESOLUTION asking Congress to donate land to townships to aid in establish- 
ing libraries. 

Resolved by the House of Representatives of the State of Illinois, 
the Senate concurring herein, That our representatives in Congress 
are requested, and our senators instructed, to use their best exer- 
tions to procure the passage of a law donating one quarter section of 
land to each township in this State, for the purpose of establishing a 
public library therein; said land to be selected from any lands sub- 
ject to entry in the county where the township is located. Said 
land to be selected by the school commissioners of the respective 
counties. And further, that his excellency, the Governor, be re- 
quested to forward a copy of the foregoing resolution to each of our 
senators and representatives in Congress. 



Department of State, 
State of Illinois. 

I, Horace S. Cooley, secretary of 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 office; 
the words printed in brackets, thus | ], in the several laws in 
which they occur, not being in the enrolled laws, but are intro- 
duced in the printed laws for the purpose of correcting and ex- 
plaining the same. 

In testimony whereof, I have hereunto subscribed my name, at 
"Springfield, this 19th day of April, 1847. 

H. S. COOLEY, 

Secretary of State. 



AUDITOR'S REPORT. 



REPORT 



AUDITOR OF PUBLIC ACCOUNTS. 



DECEMBER 11, 1846. 



Auditor's Office, Illinois, 

Springfield, December 7, 1846. 
lb the Honorable 

The Speaker of the Senate : 
Sir: In pursuance of the 11th section, chapter 13, Revised Statutes, 1845, 
have the honor to submit to the General Assembly the following report. 
I have the honor to be, with great respect, 
Your obedient servant, 

THOS. H. CAMPBELL, 

Auditor of Public Accounts. 



188 



AUDITOR'S REPORT. 






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190 



AUDITOR'S REPORT. 



(*) 



A Statement showing the amount of warrants drawn upon the Treasurer from ih\ 
1st day of December, 1844, to the 1st day of December, 1846, for the current 
expenses of the State, and charged to the following accounts. 



To what account charged. 



Amount 



Advertising delinquent lands, 

Auditor of public accounts, 

Attorney general, - 

Appropriations, special, - 

Bank commissioner, - 

Clerks' and sheriffs' fees on judgments, - 

" fees on lands, - - 

Conveying convicts to the penitentiary, - 
Contingent fund, - 
Circuit attorneys, - 

County assessors, .... 
County tax on land redeemed, 
Deaf and dumb asylum, - 
Distribution of laws and journals, 
Fugitives from justice, ... 
The Governor, .... 
The General Assembly, - 
Interest on school, college and seminary fund, 
The judiciary, .... 
Incidental expenses, ... 

The milicia, .... 

Money refunded, .... 
Premium on silk, - - - - 

Public printing, .... 

" binding, .... 
Redemption money, ... 

Secretary of State, - 

The treasurer, .... 
Transcribing books, ... 

Bounty on wolf scalps, ... 
Secretary of the fund commissioner, 
The commissioners for taking the census, 
Porter of the State house, 
Sheriff attending supreme court, - 
The interest fund tax, ... 



Deduct from the above sum the amount expended for special disburse- 
ments, including interest fund tax, • 



Amount disbursed for ordinary expenses, 



AUDITOR'S REPORT. 



191 

A Statement of the amount drawn from the treasury on account of the contingent 
fund, from the first December, 1844, to first December, 1846. 







1844. 
Dec. 


27 


1845- 
Jan. 


23 


it 


25 


Feb. 


7 


u 


28 


March 


10 


it 


11 


u 


19 


a 


20 


(C 


22 


u 

A nril 


29 

A 



To whom paid, and for what. 



To warrants to Gustavus Koerner, in full, for translating the 
Governor's message into the German language, 

To warrants to P. B Fouke, in full, for advertising sale of 
State lands in " Belleville Advocate " for six months in 
1843 and 1844, ----.. 

To warrants to H. E. Roberts, in full, for services rendered 
the State as messenger in the Hancock difficulties in 1844, 
per order of the Governor, - 

To warrants to J. Lamborn, in full, as a messenger under 
Governor Ford in the call of the militia, ... 

To warrants to John Calhoun, in part, for going to St. Louis 
after engraved plates, &c, ----- 

To warrants to John Calhoun, in full, for going to St. Louis 
after engraved plates, - 

To warrants to A. T. Bledsoe, in full, for his services as attor- 
ney in prosecuting the supposed murderern of J. and H. 
Smith, --.-... 

To warrants to Middleton Tackerbury, in full, for counting 
timber and selling railroad at Tremout by order of the 
Governor, ------- 

To warrants to Thompson Campbell, in full, for his services 
as attorney in prosecuting the supposed murderers of J. and 
H. Smith, ------- 

To warrants to J. Hay, in full, for his bill for furniture, fur- 
nished for fitting up the the Senate chamber, 

To warrants to J. Bunn, in full, for powder furnished by him 
to fire national salute on the 8th of January, 1845, 

To warrants to S. C. Runyon, in full, for work done by him 
in committee room in the State house, 

To warrants to E. Adams, in part, for going to Cincinnati 
as agent for the State after engraved plates, 

To warrants to Thompson Campbell, in full, for copying cer- 
tain records, &c, for the use of the State. 

To warrants to Thompson Campbell, in lull, for the bill of W. 
C. Bryant, for publishing proposals for paper, in the New 
York Evening Post, in 1843, - 

To warrants to John Wentworth, in full, for publishing the 
Governor's proclamation for the election of trustees of the 
canal, ------- 

To warrants to John Calhoun, in part, for the amount allow- 
ed J. Lamborn, for prosecuting the murderers of J. Smith, 

To warrants to Lesure & Bliss, in part, for the amount allow- 
ed J. Lamborn, for prosecuting the murderers of Jos. Smith, 
To wairant to J. Lamborn, in lull, for the amount allowed 

him for prosecuting the murderers of Jos. Smith, - 
To warrants to Murray McConnell, in full, for amount allowed 
him for money expended and services rendered in procuring 
evidence against the murderers of J. Smith, 
To warrants to Robert Elder, in full, for his services as mes- 
senger from Chica?o to Springfield and back, to procure 
the State seal to a deed of trust from the Governor to the 
trustees of the Illinois and Michigan canal, 
To warrants to J. Lamborn, in full, for his services as at- 
torney, for prosecuting two fugitives, for stealing railroad 
iron, -------- 

To warrants to W. M'Donald, in full, for his services and 
expenses in going to Hancock county, to demand State 
arms, ----..» 



Amount. 



192 



AUDITOR'S REPORT. 

Contingent fund — Continued. 



(•> 



Date. 



1845. 




August 


lb 


tt 


16 


ti 


19 



Sept. 


13 


tt 


22 


October 


1 


tt 


1 


tt 


15 



" 21 



November 1 
« 10 

" 24 

December 6 

K 17 

« « 

" 24 

« « 

« 31 



To whom paid, and for wbat. 



Amount. 



To warrants to J. B. Thomas, in full, for his services as at- 
torney for the State, in case of the liquidation of the State 
Bank. ------- 

To warrants to R. M. Young, in full, for his services as at- 
torney for the State, in case of the liquidation of the State 
Bank, ------- 

To warrants to Thomas Ford, in full, for his expenses in going 
to Chicago, to meet canal trustees, - 

To warrants to Thomas Ford, in full, for his expenses in going 
to St. Louis, for the school fund, - - - - 

To warrants to E. Adams, in full, for his expenses in going 
to Carrollton & Quincy, for State bonds, &c, 

To warrants to S. S. Brooks, in full, for his services in put- 
ting on canvass and mounting map of hydrographical basin 
of Mississippi river, ------ 

To warrants to J. E. Rucker, in full, for the services and ex- 
penses of messengers employed by him in calling the mili- 
tia together in 1844, - 

To warrants to E. Adams, in full for his servicec for register- 
ing and cancelling canal bonds,y - - - - 

To warrants to George Walker, in full, for his services and 
expenses in the Mormon war, as messenger, 

To warrants to James A. M'Dougall, in full, for the services 
of J. S. Bailey, as State's attorney, in case of the people 
vs. T. S. Brockman and others. - - - - 

To warrants to James A. M'Dougall, in full, for his services 
and expenses in attending the expedition of Gen. Hardin, 
to Hancock county, in 1845, • - - 

To warrants to E. D. Baker, in full, for his services and ex- 
penses on special duty in 1844, as Col. of Illinois volun- 
teers under Gen. Hardin, - - - - - 

To warrants to E. D. Baker, in full, for his services and ex- 
penses as special messenger to Carrollton, Waverly, Jack- 
sonville and Jerseyville, to raise troops in 1845, 

To warrants to S. J. Johnson, in full, for his services and ex- 
penses as special messenger to Petersburg, and Beards- 
town, to raise troops in 1845, - - - - 

To warrants to W. B. Warren, in part, for contingent expen- 
ses of detachment of volunteers in Hancock county, 

To wanants to E. Adams, in full, for his services and expen- 
ses as agent in selecting lands for the State in October 
1845, 

To warrants to J. Lamborn, in full, for amount paid by him 
to witnesses in the case of the people vs. Crisman, for steal- 
ing railroad iron, ------ 

To warrants to T. P. Shope, in full, for his services in col- 
lecting and taking care of the public arms in La Salle co., - 

To warrants to J. J. Hardin, in full, for the amount allowed 
him to pay messengers in the Hancock war, - 

To warrants to Myer & Council, in full, for their bill of work, 
in repairing the Governor's house, - - . - 

To warrants to M. Brayman, in full, for his services as spe- 
cial council, in case of the people vs. J- B. Backenstos, - 

To warrants to M. Brayman, in full, for his services and ex- 
penses in Hancock county, during the Mormon difficulties, 
from Oct. 17, to Nov. 27, 1845, - - - - 

To warrants to M. Carpenter, in full, for bringing the 3 per 
cent, fund from St. Louis to Springfield, - - - 



o 



AUDITOR'S REPORT. 

Contingent Fund — Continued. 



193 



Date. 



To whom paid, and for what. 



Amount. 



1846. 
January 3 

March 1 1 



April 



May 



21 



(( 


9 


t( 


19 


June 


26 


July 


30 



August 19 

u u 

« 31 

September 30 

« « 

October 8 

(< <( 

a K 

« a 

« 19 



To warrants to John King, in full, for board and expenses of 
a guard in the case of the People vs. J. B. Baekentos, 

To warrants to W. B. Warren, in full, for amount allowed 
him to purchase supplies for the volunteers under his com- 
mand, stationed in Hancock county, - 

To warrants to E. Moore, in full, for his expenses in going to 
Belleville, on business for the State, - 

To warrants to D. M. Hitchcock & Co., in full, for lightning 
rods, furnished for the Governor's house, - 

To warrants to L. Levering, in lull, for paper furnished for 
the Governor's house, ----- 

To warrants to E. G. Johns, in full, for his services in repair- 
ing Governor's house, ---.-.- 

To warrants to Lewis &. Tunison, in full, for one pipe and 
pump, furnished for Governor's house, - 

To warrants to W. Walters, in full, for printing done for the 
executive department, - 

To wan ants to N. D. Strong, in full, for his services as State 
attorney in the case of the State vs. Trenchery & Stephens, 

To warrants to VV. Walters, in full, for printing done by or- 
der of the Governor, - - - - - 

To warrants to J. Bailhache & Co., in full, for printing done 
for the use of the Illinois volunteers, - - - 

To warrants to J. G. Lamb, in full, for provisions furnished 
capt. Dodge's company of volunteers, before being mus- 
tered into service, ------ 

To warrants to J. Hopkins, in full, for amount allowed him 
as an express from Carrollton to Jerseyville to bring dis- 
patches in Mormon war, - - - - - 

To warrants to L. M. Webber, in full, for his time and expen- 
ses in preparing to move the Pottowattomie Indians across 
the Mississippi river, - - - - - 

To warrants to M. Brayman, in full, for going to Hancock 
county, to superintend the execution of certain warrants, 

&C, ------- 

To warrants to M. Brayman, in full, for his services as spe- 
cial attorney, during the late disturbances in Hancock 
county, ------- 

To warrants to M. Carpenter, for his services and expenses, 
transporting and guarding $30,000 in specie from Spring- 
field to Lockport, ------ 

To warrants to J. E. Dunn, in full, for his services and expen- 
ses as witness in behalf of State vs. certain persons for 
stealing railroad iron, -_-... 

To warrants to S. Wilson, in full, for his services arid expen- 
ses as witness in behalf of the State vs. certain persons for 
stealing railroad iron, - 

To warrants to Nathan Wheeler, in full, for his services and 
expenses as witness in behalf of the State vs. certain per- 
sons for stealing railroad iron, - - - _ 

To warrants to Jacob S. Mathews, in full, for his services and 
expenses as witness in behalf of the State vs. certain per- 
sons for stealing railroad iron, - 

To warrants to Thomas Ford, in part, of amount necessary 
to defray the expenses of troops in going to Hancock coun- 
ty, to aid him in enforcing the law, ... 



13 



194 



AUDITOR'S REPORT. 

Contingent Fund — Continued. 



m 



Date. 



To whom paid, and for what. 



Amount. 



1846. 
November 28 



To warrants to Geo. R. Weber, in full, for printing proclama- 
tion, handbills, &c, per order of the Governor, as per bill 
on file, ------- $69 10 

To warrants to Johnson & Bradford, in full, for binding 227 
vols, of 28th Congress at 35 cts. each, per order of the Gov- 
ernor, ------- 



$4,350 77 



AUDITOR'S REPORT. 



195 



A statement of the amount of warrants drawn upon the treasurer on account of 
special appropriations, from first December, 1844, to December first, 1846. 



Date. 



To whom paid, and for what. 



To warrants to H. Butler, in full, for bringing the returns of 

the presidential election iroin Lake county, 
To warrants to N. B. Judd, in full, for bringing the returns of 

the presidential election from Cook county, 
To warrants to J. M. Warren, in full, for bringing the re- 
turns of the presidential election from DuPage county, 
To warrants to J. D. Wood, in full, fov mileage as elector for 

President and Vice President, ""'"," 
To warrants to N. H. Purple, in full, for mileage as elector 

for President and Vice President, - 
To warrants to Willis Allen, in full, for mileage as elector for 

President and Vice President, - 
To warrants to A. W. Cavarly, in full, for mileage as elector 

for President and Vice President, - 
To warrants to I. N. Arnold, in full for mileage as elector for 

President and Vice President, - 

To warrants to Wm. A. Richardson, in full, for mileage as 

elector for President and Vice President, - 
To warrants to Augustus C. French, in full, for mileage as 

elector for President and Vice President, - 
To warrants to John Dement, in full, for mileage as elector 

for President and Vice President, - 
To warrants to J. W. Warmsing, in full, for bringing the re- 
turns of the presidential election Irom Menard county, 
To warrants to Willis Allen, in full, as a member of the board 

of investigation of Jackson county, - 

To warrants to Jefferson Allen, in full, as a member of the 

board of investigation of Jackson county, - 

To warrants to E. G. Boyce, in full, for work done in fitting 
up the two halls of the State house, - 

To warrants to Stephen Duncan, in full, for work done in fit- 
ting up the two halls of the State house, - 

To warrants to Thomas J. Burns, in full, for work done in fit- 
ting up the two halls of the State house, - 

To warrants to M. Millington, in full, for work done in fit- 
ting up the two halls of the State house, - 

To warrants to Hiram Wood, in lull, for work dene in fitting 
up the two halls of the State house, ... 

To warrants to Mary Neale, in full, for work done in fitting 
up the two halls of the State house, - - 

To warrants to Jane McClellan, in full, for work done in fit- 
ting up the two halls of the Stale house, - - - 

To warrants to Bethireh Butler, in full, for work done in fit- 
ting up the two halls of the State house, - - - 

To warrants to Charlotte Butler, in full, for work done in fit- 
ting up the two halls of the State house, - 

To warrants to Julia Dodge, in full, for work done in fitting 
up the two halls of the State house, ... 

To warrants to R. S. Hillman, in full, for work done in fitting 
up the two halls of the State house, - 

To warrants to Wm. W. Doty, in full as a member of the 
board of investigation of Jackson county, - 

To warrants to James A. McDougall, in full, for amount al- 
lowed him for furnishing written opinion, in the case of R. 
Eels against the State of Illinois, •• 

To warrants to Chas. Gilman, in full, for an appropriation 
made him, session 1844 and '45, as clerk of committee on 
public accounts and expenditures, .... 



Amount. 



196 



AUDITOR'S REPORT. 



(10) 



Special Appropriations — Continued. 




1845. 
Februarv 26 



tt 97 

" 28 

March 3 



To warrants to N. L. Hawley, in full, for bringing the returns 
of the presidential election from Will county, 

To warrants to W. B. Warren, in full, for an appropriation 
made for military services of 1st regiment Illinois militia, 
session 1844 and '45, ------ 

To warrants to Jas. W. Singleton, in full, for an appropriation 
made for military services of a company of Illinois militia 
under his command, session 1844 and '45, - 

To warrants to Thos. H. Owens, in full for an appropriation 
made to him,, as commissary of Illinois militia, - 

To warrants to W. J. Allen, in full, for an appropriation made 
to him by General Assembly, session 1844 and '45, - 

To warrants to Rogers and Karnes, in full, for an appropriation 
made them by the General Assembly, session 1844 and 
1845, -------- 

To warrants to Thos. M. Fithian, in full, for an appropria- 
tion made him by the General Assembly, session 1844 
and '45, - - 

To warrants to the city of Quincy, in full, for an appropria- 
tion made said city by General Assembly, session 1844 
and '45, - - - - - 

To warrants to Wm. Williamson, in full, for an appropria- 
tion made to him by the General Assembly, session 1844 
and '45, ------- 

To warrants to J. R. Pierce, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, 

To warrants to Thos. Short, in full, lor an appropriation 
made him by the General Assembly, session 1844 and 45, 

To warrants to E. A. Bedell, in part, for an appropriation 
made him by the General Assembly, session 1844 and '45, 

To warrants to Gould & Mellon, in full, for an appropriation 
made them by the General Assembly, session 1844 and 45, 

To warrants to F. A. McNeil, in full for an appropriation 
made him by General Assembly, session 1844 and '45, - 

To warrants to W. J. Taylor, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, 

To warrants to Samuel Ashton, in full, for an appropriation 
made him by the General Assembly, session 1844 and 
1845, - __.--- 

To warrants to M. Brayman, in full, for an appropriation made 
him by the General Assembly., session 1844 and '45, 

To warrants to Hough & Davis, in full, for an appropriation 
made them by the General Assembly, session 1844 and '45, 

To warrants to R. Radford and A. McCormick, in full, for 
an appropriation made them by the General Assembly, ses- 
sion 1844 and '45, - - ' - 

To warrants to Thos. J. Burns, in full, for an appropriation 
marie to him by the General Assembly, session 1844 and '45, 

To warrants to Emma Smith, in full, for an appropriation 
made her by the General Assembly, session 1844 and '45, 

To warrants to J. B. Noble and J. Ells, for an appropriation 
made them by the General Assembly, session 1844 and '45, 

To warrants to E. A. Bedell, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, 

To warrants to E. Moore, in full, for an appropriation made 
him by the General Assembly, session 1844 and '45,- 

To warrants to W. McDonald, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45. 



AUDITOR'S REPORT. 

Special Appropriations — Continued. 



197 



To whom paid, and for what. 



Amount. 



To warrants to M. K. Anderson, in full, for an appropria- 
tion made him by the General Assembly, session 1844 and 

'45 - _ - - ' - 

*o } - - - - - - 

To warrants to Thos. J. Burns, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45, -..-..- 

To warrants to W. L. D. Ewing, in full, for an appropria- 
tion made to him by the General Assembly, session 1844 
and '45, ........ 

To warrants to John Craig, in full, for an appropriation made 
to him by the General Assembly, session 1844 and -'45, - 

To warrants to H. E. Roberts, in full, for an appropriation 
made to him by the General Assembly, session 1844 and '45, 

To warrants to H. E. Roberts, in full, for an appropriation 
made to him by the General Assembly, session 1844 and '45, 

To warrants to V. Hickox as paymaster, in full, for an appro- 
priation made Illinois volunteers by the General Assembly, 
session 1844 and '45, ----- 

To warrants to E.H. Merryman, in full, for an appropria- 
tion made to him by the General Assembly, session 1844 
and '45, ----._- 

To warrants to Wm. McDonald, in full, for an appropriation 
made him by the General Assembly, session 1814 and '45, 

To warrants to Jno. B. Weber, in full, for an appropriation 
made to J. Shutt by the General Assembly, session 1844 
and '45, ------- 

To warrants to J. Weatherford, in full, for an appropriation 
made to him by the General Assembly.session 1844 and '45, 

To warrants to J. M. Morse, in full, for an appropriation made 
to him by the General Assembly, session 1844 and '45, - 

To warrants to Johnson & Bradford, in full, for an appropria- 
tion made to them for two volumes Gale's Statutes, by the 
General Assembly, session 1844 and '45, - - - 

To warrants to R. S. Hillman, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, 

To warrants to John Hutchinson, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45, ----.__ 

To warrants to W. Prentiss, in full, for an appropriation made 
to him by the General Assembly, session 1844 and '45, 

To warrants to Wm. Walters, in full, for an appropriation 
made to him by the General Assembly, session 1844 and '45, 

To warrants to Jno. Stewart, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45, 

To warrants to S. M. Tinsley & Co., for an appropriation 
made to them by the General Assembly, session 1844 and '45, 

To warrants to Lewis & Tunison, in full, for an appropria- 
tion made to them by the General Assembly, session 1844 and 
'45, 

To warrants to Miles Beach & Co., in full, for an appropria- 
tion made to them by the General Assembly, session 1S44 
and '45, --_._._ 

To warrants to T. Evans, in full, for an appropriation made 
to him by the General Assembly, session 1844 and '45, 

To warrants to S. S. Ball, in full, for an appropriation made 
to him by the General Assembly, session 1844 and '45, 

To warrants to E. B. Pease & Bro., in full, for an appropria- 
tion made to them by the General Assembly, session 1844 
and '45, - - - - - 



$05 20 

21 75 

4 00 

27 75 

112 00 

30 22 

6,739 37 



21 


GO 


8 00 


93 00 


17 50 


662 


00 


10 00 


135 


12 


81 


00 


34 


00 


4 


50 


6 


00 


,097 


19 



19 00 

17 50 

3 00 
3 50 

18 69 



198 



AUDITOR'S REPORT. 

Special Appropriations — Continued. 



(ia> 




1845. 
March 



10 



II 



To warrants to H. E. Roberts, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45 .-_-.__ 

To warrants to John Von Horn, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45, 

To warrants to J. Bunn, in full, for an appropriation made to 
him by the General Assembly, session 1844 and '45, 

To warrants to P. C. Ferguson, in full, for bringing the presi- 
dential returns from Christian county, ... 

To warrants to S. C. Runyon, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45, - - - '- 

To warrants to H. Wood and F. L. Stewart, in full, for an ap- 
propriation made to them by the General Assembly, session 
1844 and '45, - 1 - - - - 

To warrants to W. A. Hacker, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45 ._--_-- 

To warrants to. John A. Clark, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45, - - - - 

To warrants to J. Williams, in part, for an appropriation 
made Governor Ford and his staff by the General Assembly, 
session 1844 and '45, - 

To warrants to Nelson & Robertson, in full, for an appropria- 
tion made to them by the General Assembly, session 1844 
and '45, ------- 

To wanants to Thompson Campbell, in part, for an appropri- 
ation made Governor Ford and his staff by the General As- 
sembly, 1844 and '45, - - - _ - 

To warrants to Jewett & Hitchcock, in full, for an appropria- 
tion mad<; to them by the General Assembly, session 1844 
and '45, - - - - - - 

To warrants to E. H. Merryman, in part, for an appropriation 
made Governor Ford and his staff by the General Assembly, 
session 1844 and '45, - 

To warrants to Garrett M. Blue, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45, 

To warrants to Jones, Bacon & Co., in full, for an appropria- 
tion made to them by the General Assembly, session 1844 

'To, '-.-.- 

To warrants to James Holland, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45, - - - - - - 

To warrants to Samuel Conner, in full, for an appopnation 
made to him by the General Assembly, session 1844 and '45, 

To warrants to T. Morrison and H. T. Wilson, in full, for an 
appropriaton made to them by the General Assembly, ses- 
sion 1844 and '45, - - - - 

To warrants to F. A. Worrel, in full, for an appropriation 
made to him by the General Assembly, session 1844 and 
'45, ------- 

To warrants to H. E. Roberts, in part, for an appropriation 
made to Governor Ford and his staff by the General Assem- 
bly, session 1S44 and '45, - - - - - 

To warrants fo George G. Grubb, in full, for an appropria- 
tion made him by the General Assembly, session 1844 
and '45, 



(13) 



AUDITOR'S REPORT. 



199 



Special appropriations — Continued. 




To warrants to George Power, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, 

To warrants to C. L. Grafflin & Co., in full, for an appropri- 
ation made to them by the General Assembly, session 1844 
and '45, ------- 

To warrants to J. D. Morgan, as paymaster, in full, for an 
appropriation made the Illinois Volunteers, by the General 
Assembly, session 1844 and '45, - 

To warrants to J. D. Morgan, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45 - 

To warrants to J. McFall and R. Thompson, in full, for an 
appropriation made them by the General Assembly, session 
1844 and '45, _....- 

To warrants to D. M. Repsher, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, - 

To warrants to Thomas Conner, in full, for an appropria- 
tion made him by the General Assembly, session 1844 
and '45, ------- 

To warrants to Patrick Allen, in full, for an appropriation 
made to him by the General Assembly, session 1844 
and '45, ------- 

To warrants to Archibald Job, in full, for an appropri- 
tion made him by the General Assembly, session 1844 
and '45, ------- 

To warrants to D. Elliott, in full, for an appropriation made 
him by the General Assembly, session 1844 and '45, 

To warrants to Joseph Caswell, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, 

To warrants to M. Brayman, in full, for an appropriation 
made for copying Revised Statutes, &c, by the General 
Assembly, session 1844 and '45, - ■ - 

To warrants to J. B. Seely, in full, for an appropriation made 
him by the General Assembly, session 1844 and '45, 

To warrants to John McKown, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, - 

To warrants to M. Blair, in full, for an appropriation made 
him by the General Assembly, session 1844 and '45, 

To warrants to R. B. Lord, in full, for an appropriation made 
him by the General Assembly, session 1844 and '45, 

To warrants to James E. Dunn, in full, tor an appropria- 
tion made him by the General Assembly, session 1844 
and '45, -..----- 

To warrants to F. Muha, in full, for office rent for the board 
of investigation of Jackson county, _ _ _ 

To warrants to Daniel H. Brush, in full, as secretary of the 
hoard of investigation of Jackson county, 

To warrants to M. Stokes, in full, for an appropriation made 
him by the General Assembly, session 1844 and '46, » 

To warrants to George Walker, in full, for bringing the re- 
turns of the presidential election from La Salle, Du Page, 
Grundy, Cook, Lake and Will counties, - 

To warrants to J. S. Rodgers, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, - 

To warrants to Bassett and Taylor, in full, for an appropria- 
tion made them by the Legislature, session 1844 and '45, - 

To warrants to Thomas H. Campbell, in full, for an appro- 
priation made him by the General Assembly, session 1844 
and '45, - - - - - - 

To warrants to James Curtis, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, - 



200 



AUDITOR'S REPORT. 

Special Appropriations — Continued. 



(14) 




1845. 



(t 


21 


it 


23 


May 


14 


a 


15 


« 


it 



« 19 

« 23 



U 



31 



June 3 

" 13 

« 14 



18 
19 



To warrants to Wallace and Diller, in full, for an appropria- 
tion made them by the General Assembly, session 1844 
and '45, _..._._ 

To warrants to A. T. Bledsoe, in part, for an appropriation 
made Governor Ford and his staff, by the General Assembly, 
session 1844 and '45, - 

To warrants to D. Clendennan, in full, for an appropriation 
made the estate of C. Tull, by the General Assembly, ses- 
sion 1844 and '45, ------ 

To warrants to G. S. Myers, in full, for an appropriation 
made him and others, by the General Assembly, session 
1844 and '45, 

To warrants to J. M. Morse, in part, of appropriation made 
him for copying records, and by the General Assembly, 
session 1844 and '45, - 

To warrants to V. Hickox, in full. for an appropriation made 
him by the General Assembly, session 1844 and '45, 

To warrants to M. Brayman, a3 agent, in part, for an appro- 
priation made for paper, to print Revised Statutes upon, by 
the General Assembly, session 1844 and '45, 

To warrants to Josh. Bean, in full, for an appropriation made 
him as witness before the General Assembly, session 1844 
and '45, - - - - - " - 

To warrants to Z N. Garbutt, in full, for an approp.iation 
made him by the General Assembly, session 1844 and '45, - 

To warrants to T. Worthington, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, - 

To warrants to F. Springer, in full, for an appropriation 
made him for a thermometer, by the General Assembly, 
session 1844 and '45, - 

To warrants to Charles Hay, in full, for an appropriation made 
him by tha»General Assembly, session 1844 and '45, 

To warrants to M. Brayman, as agent, in part, for an appro- 
priation made for paper to print Revised Statutes upon, by 
the General Assembly, session 1844 and '45, 

To warrants to Samuel R. Harrison, as a member of the board 
of investigation, for the restoration of the records of Frank- 
lin county, ------- 

To warrants to W. S. Aiken, as a member of the board of in- 
vestigation for the restoration of the records of Franklin co., 

To warrants to Samuel K. Casey, as a member of the board 
of investigation for the restoration of the records of Frank- 
lin county, ------- 

To warrants to S. M. Hubbard, as secretary of the board of 
investigation for the restoration of the records of Franklin 
county, ------- 

To warrants to W. R. Browning, in full, for qualifying the 
members of the board of investigation for the restoration 
of the records of Franklin county, ... 

To warrants to Johnson and Bradford, in full, for books fur- 
nished for the board for the restoration of the records of 
Franklin county, ------ 

To warrants to John S. Roberts, in full, for publishing the 
meetings of the board for the restoration of the records of 
Franklin county, ------ 

To warrants to Thompson Campbell, in full, for the subscrip- 
tion of Silliman's Journal of Science, 

To warrants to N. W. Manville, in lull, as a witness before 
the board of investigation of Jackson county, 



(15) 



AUDITOR'S REPORT. 

Special Appropriations — Continued. 



201 



Date. 




1845. 




June 


19 


tt 


23 


July 


2 


tt 


18 


Sept'ber 


30 


October 


7 


a 


13 


a 


cc 


tt 


tt 


tt 


a 


Novembe 


r 1 


tt 


12 


it 


tt 


December 2 


tt 


tt 


tt 


31 


tt 


tt 


it 


It 


tt 


ti 


it 


tt 


1846. 




Jannary 


2 


c( 


3 



To whom paid, and for what. 



9 

29 



To warrants to S. G. Cheatham, in full, for an appropriation 
made by the General Assembly, session 1844 and '45, 

To warrants to Aq. Norris, in full, for an appropriation made 
to the widow and heirs of Jno. Norris for six months end- 
ing 30th April, 1845, - - - - 

To warrants to M. R. Deming, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, 

To warrants to N. Buckmaster, in full, for an appropriation 
made him by the General Assembly, session 1844 and '45, 

To warrants to Thos. Whitson, in full, for services rendered 
the board of investigation of Jackson county, 

To warrants to Nathan Stevenson, in full, for an appropria- 
tion made him and the company under his command in 
the Mormon war by the General Assembly, session 1844, 
and '45, ------- 

To warrants to L. R. Harrison, in full, as a member of the 
board of investigation of Franklin county, 

To warrants to Walter S. Aiken, in full as a member of the 
board of investigation of Franklin county, - - - 

To warrants to Samuel K. Casey, in full, as a member of the 
board of investigation of Franklin county, - - 

To warrants to W. R. Browning, in full, as secretary of the 
board of investigation of Franklin county, 

To warrants to W. B. Warren, in full, for an appropria- 
tion made him by the General Assembly, session 1844 
and '45, ------. 

To warrants to Jno. Duckers, in full for an appropriation made 
him by the General Assembly, session 1844 and '45, 

To warrant* to Otis, Broaders & Co., in full, for the North 
American Review, furnished for the use of the secretary of 
State's office, ..._-- 

To warrants to S. M. Hubbard, in full, as secretary of board 
of investigation of Franklin county, - 

To warrants to J. M. Morse, in part, for an appropriation 
made him by the General Assembly, session 1844 and '45, - 

To warrants to S. K. Casey ■, in full as a member of the board 
of investigation of Franklin county, - 

To warrants to S. R. Harrison, in lull, as a member of the 
board of investigation of Franklin county. 

To warrants to W. S. Aiken, in full, as member of the board 
of investigation of Franklin county, - 

To warrants to W. R. Browning, in full, as secretary of the 
board of investigation of Franklin county, - - 

To warrants to Wm. Walters, in full, for publishing the no- 
tice of the meeting of the board of investigation of Frank- 
lin county, ------- 

To warrants to Condell & Jones, in full, for an appropria- 
tion made them by the General Assembly, session 1844 
and '45, ------- 

To warrants to Aq. Norris, in part, fcr an appropriation made 
the widow and heirs of John Norris, deceased, by the 
General Assembly, session 1844 and '45, - 

To warrants to M. Brayman, in full, as agent, for paper fur- 
nished for printing the Revised Statutes upon, by the Gen- 
eral Assembly, session 1844 and '45, - 

To warrants to Barbee, Yands & Co., in part, for their bill 
of paper furnished for the use of the State, as per contract 
on file in the secretary's office, - 



202 



AUDITOR'S REPORT. 

Special Appropriations — Continued. 



(16) 



Date. 



To whom paid, and for what. 



1846. 
March 


9. 


April 


29 


June 


3 


(( 


16 


July 


30 


October 


10 



To warrants to J. M. Morse, in part, for an appropriation 
made him for making territorial and other records, 

To warrants to Barbee, Yands & Co., in full, for 20 reams 
cap paper, furnished for the use of the State, as per con- 
tract on file in the secretary's office, - 

To wairant to J. Hughes, in full, for the subscription of 
Nile's Register up to September, 1846, for the State library, 

To warrants to Aq. Norris, in part, for the appropriation 
made the widow and heirs of John Norris, deceased, by 
the General Assembly, session 1844 and 1845, 

To warrants to Otis, Broaders & Co., in full, for one year's 
subscription to the North American Review, ending July 
1, 1846, for the State library, - - - 

To warrants to R. R. Taylor and C. Kennedy, in full, for 
their attendance before the board of investigation of Jack- 
son county, __-._. 



Amount. 



$40 00 



70 00 


25 00 


25 00 


5 00 


1 00 


$33,020 79 



(17) 



AUDITOR'S REPORT. 



203 



A statement of the amount of warrants drawn upon the treasurer , on the account 
of incidental expenses, from December first, 1844, to December first, 1846. 



Date. 



1844 
Decemb'j 


-13 


a 


20 


cc 


26 


a 


27 



30 



" 31 

1845. 
January 3 



To whom paid and for what. 



" 10 

a « 

« 16 

c« a 

a n 

« 22 

u <( 

« 25 

« 31 

February 3 

« 10 

cc « 

« 11 

« 17 



To warrants to J. Y. i-'cammon, in full, for 317 copies 4th vol. 

Scammon's reports, - 

To warrants to Walters and Weber, in part, for printing done 

for public offices, - 

To warrants to J. JB. F. Russell, in full, for making list of 

State lands, located in the Chicago land district, in 1844, 
To warrants to John Early, in part, for cutting wood for the 

use of the State house, - 
To warrants to John Trefts, in full, for draying wood from the 

railroad to the State house, .... 

To warrants to George Meyer, in full, for draying wood from 

the railroad to the State house, - - - - 

To warrants to Michael M'Namara, in part, for his services as 

porter of the State house, - 

To warrants to Hiram Wood, in full, for furniture furnished 

for the use of the supreme court room, - 
To warrants to Ellis and Fergus, in full, for advertising for 

public binding, ------ 

To warrants to Stephen Duncan, in full, for furniture furnished 

for the use of the supreme court room, - 
To warrants to James A. McDougall, in full, for amount of 

postage on official correspondence, paid by him in 1844, - 
To warrants to M. Meyer, in full, for hauling wood for the use 

of the State, ------ 

To warrants to Talbot and McKeichnie, in full, for repairing 

pump, &c. for the use of the State house, - - - 

To warrants to John Early, in part, for cutting wood for the 

use of the State house, - 
To warrants to J. Y. Scammon, in full, for nine copies of 

Scammon's reports for the use of the secretary's office, 
To warrants to Bealls and Green, in full, for advertising in the 

Boston Post proposals for paper, - 

To warrants to P. G. Pierce, in full, for wood furnished for 

the use of the State house, - 

To warrants to S. F. Gale, in full, for furniture furnished for 

use of the supreme court room, - - - - 

To warrants to James H. Spotswood, in full, for postage on 

public documents and letters for the State officers, for the 

quarter ending January 15, 1845, - - - - 

To warrants to George Meyer, in full, for hauling nine load3 

of wood for the use of the State house, - 
To warrants to M. Meyer, in full, for hauling eight loads of 

wood, for the use of the State house, - 

To warrants to Walters and Weber, in full, for printing blanks 

for the officers of State, - - - - - 

To warrants to John Early, in part, for sawing wood for the 

use of the State, ------ 

To warrants to John Trefts, in full, for hauling fourteen loads 

of wood for the use of the State, - 
To warrants to J. Bunn, in full, for candles furnished for the 

use of the secretary's office, - - - - 

To warrants to J. Bunn, in full, for candles furnished for the 

use of the auditor's office, - 

To warrants to J. L. Lamb, in full, for wood, freight, &c. fur- 
nished for the use of the State, - - - - 
To warrants to John Early, in part, for cutting wood for the 

use of the State house, - _ - - - 



AUDITOR'S REPORT. 

Incidental Expenses — Continued. 



(18) 



To whom paid, and for what. 



To warrants to John Early, in part, for cutting wood for the 

use of the State house, - 
To warrants to Johnson and Bradford, in full, for stationery 

furnished for the use of the State officers, 
To warrants to John Cradock, in full, for making a canceling 
hammer, for the treasurer's office, ... 

To warrants to Walters and Weber, in full, for printing done 
for State offices, up to this date, as per bill on file, 

To warrants to J. Bunn, in full, for furniture furnished for the 
use of the supreme court room, - 

To warrants to Johnson and Bradford, in full, for furniture fur- 
nished for the use of the supreme court room, 

To warrants to Hiram Wood, in full, for furniture furnished 
for the use of the supreme court room, - 

To warrants to N. Hay, in full, for furniture furnished for the 
use of the supreme court room, - 

To warrants to B. C. Webster and Co., in full, for stationery 
furnished for the use of the secretary's office, 

To warrants to M. Doyle, in full, for candles furnished for the 
use of the auditor's office, - 

To warrants to Ives and Curran, in full, for work done for the 
secretary's office, ------ 

To warrants to J. S. Rodgers, in full, for work done for the 
secretary's office, - 

To warrants to W. S. Moore, in full, for sheet iron, &c, fur- 
nished tor the use of the secretary's office, 

To warrants to Wallace and Diller, in full, for stationery fur- 
nished for the use of the secretary's office, 

To warrants to Thomas P. Lorshbough,in full, for work done 
for public offices, - 

To warrants to H. F. Ash, in full, for taking the abstract of 
lands entered in the Springfield land office, 

To warrants to R. F. Richardson, in full, for taking the ab- 
stract of lands entered in the Kaskaskia land office, 

To warrants to lohn Cradock, in full, for work done for the 
secretary's office, - 

To warrants to W. L. D. Ewing, in part, for taking the ab- 
stract of lands entered at the Chicago land office, 

To warrants to E. Peck, in full, for furniture furnished for the 
use of the supreme court, - 

To warrants to Walters and Weber, in full, for printing done 
for the auditor's and treasurer's offices, - 

To warrants to Walters and Weber, in full, for printing the 
school, revenue and other laws, in the Register, &c, 

To warrants to W. L. D. Ewing, in full, for taking the abstract 
of lands entered at the Quincy and Dixon land offices, 

To warrants to Thomas J. Burns, in full, for repairing lightning 
rod on the State house, - 

To warrants to Owen Sturtevant, in full, for repairing doors in 
the State house, ---.'-- 

To warrants to W. L. D. Ewing, in full, for taking abstract of 
lands in the Chicago land office, - 

To warrants to S. M. Tinsley and Co., in full, for furniture 
furnished for the use of the supreme court, 

To warrants to D. E. Ruckle, in full, for repairing the State 
house pump, ------ 

To warrants to Samuel Chamblin,in full, for glazing windows 
in the State house, ----- 



(19) 



AUDITOR'S REPORT. 

Incidental Expenses — Continued. 



205 



Date 




1845 




ilay 


31 


une 


7 


« 


« 


« 


9 


<t 


(c 


u 


12 


ft 


18 


k 


25 


m 


30 


uly 


11 


« 


« 


ft 


18 


ft 


23 



To whom paid, and for what. 



" 26 

" 31 

August 11 

" 16 

Sept. 6 

October 1 

" 21 



ct 


24 


November 4 


« 


5 


a 


14 


u 


24 


« 


26 



To warrants to Hickox Brothers, in full, for lumber for shelv- 
ing in the State library, - 
To warrants to John Cradock, in full, for making two keys 

and altering locks for the State house, ... 
To warrants to John Cradotk, in full, for making two keys 

for the auditor's office, - 
To warrants to John H. Sconce, in part, for taking abstract of 
lands entered at the Danville land office, 

To warrants to H. F. Ash, in full, for completing the abstract 

of lands entered at the Danville land office, 
To warrants to S. H. Hicks, in full, for taking the abstract of 
lands entered at the Shawueetown land office, 

To warrants to Thompson Campbell, in full, for stationery fur- 
nished for the use of the public offices, . . . 

To warrants to John Uhler, in full, for lumber furnished for 
the use of the State, - 

To warrants to J. T. Betts, in full, for lumber furnished for the 
use of the State, ------ 

To warrants to T. J. Burns, in full, for work done in the libra- 
ry room of the State house, - 

To warrants to T. J. Burns, in full, for work done in the secre- 
tary's office, __-.._ 

To warrants to T. J. Burns, in full, for work done in the secre- 
tary's office, ._..--- 

To warrants to Johnson and Bradford, in full, for stationery 
furnished for the use of the secretary's office, 

To warrants to Johnson and Bradford, in full, for stationery 
furnished for the use of the auditor's office, 

To warrants to Walters and Weber, in full, for printing done 
for public offices, - 

To warrants to M. Doyle, in full, for candles furnished for the 
use of the auditor's office, - 

To warrants to J. R. Diller, in full, for postage on letters and 
public documents for State offices, ... 

To warrants to Lesureand Bliss, in full, for freight on station- 
ery from St. Louis, for secretary's office, 

To warrants to Ellis and Fergus, in full, for publishing notice 
for letting the binding, stitching; and folding laws, &c, 

To warrants to Walters and Weber, in full, for printing done 
for the public offices, - 

To warrants to J. R. Diller, in full, for postage on public doc- 
uments for auditor's office, up to July 1, 1845, 

To warrants to J. R. Diller, in full, for postage on public doc- 
uments for the Governor, treasurer's and secretary of State's 
offices, up to July 1, 1845, - 

To warrants to S. Francis and Co.. in full, for publishing no- 
tice that Scammon's reports were ready for delivery, and 
delinquent lists should be compared, - 

To warrants to J. R. Diller, in full, for postage on public doc- 
uments for adjutant general's office, for quarter ending Sep- 
tember 30, 1845, ------ 

To warrants to J. R. Diller, in full, for postage on public docu- 
ments forState offices, forquarlerending September 30, 1845, 

To warrants to M. Doyle, in full, for candles furnished for the 
use of the auditor's office, - 

To warrants to Samuel Chamblin, in full, for work done for the 
secretary's office, ------ 

To warrants to B. C. Webster, in full, for stationery furnished 
for the use of the auditor's office, - - - - i 



Amount. 



206 



AUDITOR'S REPORT. 

Incidental Expenses — Continued. 



(20) 



Date. 



1845. 
December 15 

1846. 
Jan. 2 



12 

14 
23 
27 
30 
2 
4 
11 
16 

18 
21 
24 

5 
12 
17 
21 
24 

M 

31 



To whom paid, and for what. 



To warrants to Johnson and Bradford, in full, for stationery- 
furnished for the use of the public offices, 

To warrants to Condell and Jones, in full, for stationery fur- 
nished for the use of the secretary's offiee, 

To warrants to Wallace and Diller, in full, for stationery fur- 
nished ,or the use of the secretary's office, 

To warrants to C. C. Phelps, in full, for furniture furnished 
for the use of the supreme court room, - 

To warrants to M. Brayman, in full, for stationery furnished 
for the use of the secretary's office, - 

To warrants to Thomas H. Campbell, for J. Judy, in part, for 
taking and correcting transcript of lands entered at the Ed- 
wardsville land office, - 

To warrants to Lansing B. Mizener, in full, for taking abstract 
of lands entered at the Vandalia land office, 

To wai rants to Ives and Curran, in full, for furniture furnished 
for the use of the supreme courtroom, ... 

To warrants to McKeichnie and Talbot, in full, for work done 
for the secretary's office, - 

To warrants to Walters and Weber, in full, for printing done 
for public offices, for the quarter ending December 31, 1845, 

To warrants to Ives and Curran, in full, lor stationery furnish- 
ed for the use of the State, - 

To warrants to J. Bunn, in full, for stationery furnished for 
the use of the secretary's office, - 

To warrants to James T." Ewing, in full, for taking abstract of 
lands entered at the Palestine laud office, 

To warrants to W. L. D. Ewing, in full, for taking abstract of 
lands entered at the Chicago land office, for 1841, '42, '43, 
and '44, ------- 

To warrants to H. Crittenden, in full, for stationery furnished 
for the use of the State, - 

To warrants to Johnson end Bradford, in full, for stationery 
furnished for the use of the supreme court, 

To warrants to J. Bunn, in full, tor stationery furnished for the 
use of the supreme court, - 

To warrants to D. and I. P. Spear, in full, for furniture furnish- 
ed for the use of the supreme court, 

To warrants to Hamilton and Parry, in full, for advertising 
proposals for paper in the Pennsylvanian, 

To warrants to William G. Flood, in full, for taking abstract 
of lands entered at the Quincy land office, 

To warrants to M. Carpenter, in full, for press and seal for the 

treasurer's office, - 

To warrants to Hiram Wood, in full, for furniture furnished 

for the use of the supreme court, - - - - 

To warrants to J. R. Diller, in full, for postage on public doc- 
uments and letters for the quarterending December 31, 1845, 
To warrants to J. Freeman, in full, for making the abstract of 

lands entered at the Kaskaskia land office, 
To warrants to M. Carpenter, in full, for thirteen cords wood 

furnished for the use of the State, - 

To warrants to John Early, in full, for sawing wood for the 

use of the State house, - - - - - 

To warrants to Thomas H. Campbell, in part, for taking the 

abstract of lands entered at the Edwardsville land office, - 
To warrants to William Dormady, in full, for stationery fur- 
nished for the use of the secretary's office, 



(21) 



AUDITOR'S REPORT. 

Incidental Expenses — Continued. 



207 



1846. 
April 3 



(( 


9 


ee 


11 


te 


13 


u 


16 


a 


17 


ti 


30 


May 


7 


<( 


14 


June 


23 


a 


ee 


te 


24 


tt 


27 


July 


6 


n 


30 


ee 


30 


te 


30 


August 


8 


« 


8 


« 


24 


te 


26 


te 


29 


ee 


31 


September 1 


te 


4 


« 


18 


u 


19 



To whom paid, and for what. 



To warrants to William Walters, in full, for printing done for 
public offices, for che quarter ending March 31, 1846, 

To warrants to Frederick Meyer, in full, for furniture furnish- 
ed for the use of the auditor's office, - 

To warrants to Robert S. Eaton, in full, for freight on statione- 
ry for the use of the State, - 

To warrants to B. C. Webster & Co., in full, for furniture fur- 
nished for the use of the supreme court, ... 

To warrants to William E. Russell, in full, for taking abstract 
of lands entered at the Danville land office, 

To warrants to James L. Lamb, in full, for furniture furnished 
for the use of the supreme court, - 

To warrants to S. Conant, in full, for furniture furnished lor 
the use of the auditor's office, - 

To warrar.ts to H. E. Roberts, in full, for furniture furnished 
for the use of the secretary's office, - 

To warrants to J. R. Diller, in full, for postage on public doc- 
uments for State offices, for quarter ending March 31, 1846, 

To warrants to M. Doyle, in full, for candles furnished for the 
use ot the auditor's and secretary's offices, 

To warrants to Hiram Wood, in full, for repairing State house 
pump, >.----- 

To warrants to Johnson & Bradford, in full, for stationery fur- 
nished for the use of the auditor's office, - 

To warrants to Johnson & Bradford, in full, for stationery fur- 
nished for the use of the treasurer's office, 

To warrants to John W. Priest, in full, for work done on the 
State house, -__■-- 

To warrants to William Walters, in full, for printing done for 
the public offices, for the quarter ending June 30, 1846, - 

To warrants to Johnson & Bradford, in full, for stationery fur- 
nished for the use of the secretary's office, 

To warrants to H. E. Roberts, in full, for work done by him 
in the secretary's office, - 

To warrants to George W. Mixter, in full, for plats of State 
lands furnished by him for the use of the auditor's office, - 

To warrants to R. VV. Diller, in full, for taking the abstract of 
lands entered at the Dixon land office in 1845, and arranging 
the Shawneetown abstract, - 

To warrants to J. A. Hough, in full, for repairing furniture for 
the auditor's and secretary's offices, ... 

To warrants to John Cradock, in full, for repairing screw and 
seal of auditor's office, - - 

To warrants to R. W. Diller, in full, for arranging the Dan- 
ville, Quincy and relinquished land lists, 2,888 tracts, 

To warrants to Charles Gilman, in full, for 457 copies, vol. 1, 
Gilman's reports of supreme court, - 

To warrants toB. C. Webster & Co., in full, for stationery fur- 
nished for the use of the secretary's office, 

To warrants to Charles H. Lanphier, in full, for printing done 
for the use of the secretary's office, - 

To warrants to H. Crittenden, in full, for stationery furnished 
for the use of the secretary's office, - 

To warrants to Charles H. Lanphier, in full, for printing done 
for the use of the secretary's office, - 

To warrants to S. Chamblin, in full, for work done by him for 
the use of the secretary's office, - 

To warrants to Charles H. Lanphier, in full, for printing done 
for the use of the secretary's office and department of State, 



208 



AUDITOR'S REPORT. 

Incidental Expenses — Continued. 



(22) 



Date. 



To whom paid, and for what. 



1846. 




October 





C( 


9 


a 


12 


« 


14 


u 


19 


a 


20 


IC 


23 


» 


ei 


a 


24 


tc 


30 


a 


a 


a 


31 


November 2 


a 


4 



To warrants to J. R. Diller, in full, for postage on public doc- 
uments for quarters ending June and September, 1846, 

To warrants to John Cradock, in full, for repairing safe in the 
treasurer's office, ------ 

To warrants to John Trefts, in full, for hauling lumber for the 
use of the secretary's office, - 

To warrants to John Spade, in part, for refitting Representa- 
tives' hall and Senate chamber, - 

To warrants to S. Chamblin, in full, for glazing windows in 
the secretary's office, - 

To warrants to N. P. Tinsley & Co., in full, for freight on two 
boxes of stationery for the use of the secretary's office, - 

To warrants to John Wentworth, in full, for publishing pro- 
posals for binding the laws and journals, - 

To warrants to J. JBunn, in full, for furniture furnished for the 
use of the State, ------ 

To warrants to Valentine Claywell, in full, for 24^. cords of 
wood furnished for the use of the State, - 

To warrants to Meyer &. Council, in full, for work done for 
the secretary's office, - 

To warrants to Johnson & Bradford, in full, for stationery fur- 
nished for the use of the State, - 

To warrants to William W. Miller, in full, for 5£ cords of 
wood furnished for the use of the State, - 

To warrants to James H. Short, in full, for 16 1-5 cords of 
wood, furnished for the use of the State, - 

To warrants to Ives & Curran,in full, for stove and stationery 
furnished for the use of the State and secretary's office, - 

To warrants to J. Dooley, in full, for 14 cords of wood fur- 
nished for the use of the State, - - - - 

To warrants to Thomas Marr, in full, for white-washing and 
cleaning the basement story ot the State house, - 

To warrants to James Enix, in full, for 22^ cords of wood fur- 
nished for the use of the State, - - - - 

To warrants to George Spade, in part, for repairing furniture 
in the State house, - 

To warrants to John Early, in part, for sawing wood for the 
use of the State, ------ 

To warrants to Thomas Shepherd, in full, for 30^ cords of 
wood furnished for the use of the State, - - - 

To warrants to Hiram Wood, in full, for making counter for 
the treasurer's office, - 

To warrants to George R. Weber, in full, for printing blanks, 
handbills, &c, for the use of the secretary's office, 

To warrants to M. Carpenter, in full, for 24 cords of wood 
furnished for the use of the State, ... 

To warrants to John Early, in part, for sawing wood tor the 
use of the State, ------ 



1 00 


25 00 


5 74 


14 70 


3 00 


3 72 


60 62 


1 00 


74 20 


13 12 


40 50 


17 60 


35 00 


10 00 


55 62 


55 CO 


16 37 


78 12 


22 00 


325 25 


60 00 


26 00 


$11,805 02 



(23) 



AUDITOR'S REPORT. 



209: 



A statement of the amount of warrants drawn upon the treasurer on account of 
the militia, from December first, 1844, to December first, 1846. 



Date. 



To whom paid, and for what. 



" 28 



To warrants to M. K. Anderson, as adjutant general, for 

quarters ending September and December, 1844, 

" same " March, June and September, 1844, 



same 


a 


December, 1845, 


same 


(i 


March, 1846, 


same 


u 


June, 1846, 


same 


ti 


September, 1846, - 



to E. C. Berry, as adjutant general, during the late 
Sac and Fox war, - 

C. M. Dolson, as inspector 4th brigade, 5th divi> 

sion of Illinois militia, for 1844,- 
H. Miller, « 2d « 4th « « 



W. B. Warren, 
W. Headen, 
John A. Campbell, 
• same 

Willis Allen, 
W. S. Wier, 
H. Miller, 
W. B. Warren, 
Jno. William3, 
Wm. Headen, 



3d •« 3d " " 

5th '< 4th " " 

1st " 2d « 1842, 
1st '< 2d >43--'44, 

1st « 3d " 1844, 

3d " 5th " 1845 

3d " 5th " " 

3d « 3d » " 

4th « 1st « « 

5th « 4th " « 



D. H. Redfield, inspector 4 battalions, 1st Cohort 

Nauvoo Legion, 1844, - - - - 

Jno. C. Bennett, " 8 « » « 



Amount. 



$50 00 


75 


100 00 


25 00 


65 00 


100 00 


100 


60 00 


40 00 


130 00 


80 00 


140 00 


280 00 


100 00 


80 00 


40 00 


130 00 


130 00 


80 00 


40 00 


80 00 


319 25 00 



14 



210 



AUDITOR'S REPORT. 



(24) 



A statement of the amount of warrants drawn upon the treasurer on account of I 
the General Assembly, from December, 1, 1844, to December, 1, 1846. 



Date. 




1844. 
December 


1845. 
February 
January 


18 


tt 


25 


a 


29 


ec 


<: 


c< 


31 


March 


3 



To whom paid, and for what. 



April 22 



To warrants for amount of partial appropriation 1o members 
and officers of the General Assembly, session 1844 — '45, 

To warrants do do do do 

To warrants to I. S. Berry, in part, for services as a member 

of the General Assembly, session 1844 — 45, 
To warrants to M. L. Covell, in part, for his services as Sec- 
retary of the Senate, session 1844 — '45. - 
To warrants to A. O'Conner, in part, for his services as a 

member of the General Assembly, session 1844—45, 
To warrants to George Powers, do do do 

To warrants to T. Campbell, in part, for stationery furnished 

for the use of the General Assambly, session 1844 — '45, 
To warrants for appropriations, in full, to members and officers 

of the General Assembly, session 1844 — '45, 
To warrants to John McDonald, in full, for completing the 

journals of the House of Representatives, session 1844 — '45, 
To warrants to N. Cloud, do do do 

To warrants to M. Carpenter, in full, for wood furnished for 

the use of the General Assembly, - - - - 

To warrants to W. W. Happy, in full, as copyist of the 

House of Representatives, for finishing the journal of the 

House of Representatives, session 1844 — '45, 
To warrants to T. Campbell, for stationery furnished for the 

General Assembly, session 1844 — '45, - 



Amount. 



$17,300 00 

16,950 00 

100 00 

20 00 

100 00 
30 00 

209 02 

20,649 10 

20 00 
20 00 

150 38 

12 50 
95 00 



$55,665 00 



A statement of the amount of warrants drawn upon the treasurer on the account 
of money refunded from December first, 1844, to December first, 1846. 



To whom paid, and for what. 



Amount. 



To warrants to sheriffs and collectors on account of State revenue overpaid 
by them ------ ... 

To warrants to clerks of county commissioners' courts for amount of State 
revenue overpaid by them on account of lands sold and redeemed, 

To warrants issued for the amount of State revenue overpaid by different in- 
dividuals on account of lands sold and assessed in error, 



$1,575 26 
67 58 
893 21 
$2,536 >') 



(26) 



AUDITOR'S REPORT. 



211 



A statement of the amount of warrants drawn upon the treasurer on account of 
fugitives from justice from December 1, 1844, to December 1, 1846. 



Date. 



1842. 
December 3 

" 16 



1845. 
January 14 

« 15 

February 11 

" 24 

June 9 



To whom paid, and for what. 



July 


16 


August 


12 


Decemb'j 


•29 


tt 


tt 


it 


30 


«( 


a 


1846 
March 


4 


tt 


tt 


August 


5 



To warrants to Phillip Hubbard, for his services going to the 
State of Tennessee to demand a fugitive, - 

To warrants to Theodore Engelman, for publishing the Gov- 
ernor's proclamation for the apprehension of a fugitive from 
justice, ---._._ 

To warrants to J. A. Arenz, for publishing the Governor's 
proclamation for the apprehension of a fugitive from justice, 

To warrants to John C- Jacobin, for his services in going to 
the State of Ohio to demand a fugitive from justice, 

To warrants to W. H. Carlin,for his services going to the 
State of Arkansas to demand a fugitive from justice, 

To warrants to Wilson Lewis, for his services going to the State 
of Missouri to demand a fugitive from justice, 

To warrants to D. P. Wilbanks, for his services going to the 
State of Tennessee to demand a fugitive from justice, 

To warrants to Samuel Hunt, for the apprehension and delivery 
of two fugitives for stealing railroad iron, 

To warrants to James B. Wheeler, for going to the State of 
Indiana to demand a fugitive from justice, 

To warrants to E. Bonney, for the reward allowed him for the 
apprehension of John Baxter for the murder of Col. Daven- 
port, 

To warrants to Gregg and Johnson for the reward allowed 
them for the apprehension of John Baxter and John Long 
for the murder of Col. Davenport, - 

To warrants to Johnson and Gregg, for the reward allowed 
them for the apprehension of John Baxter and John Long, 
the murderers of Col. Davenport, ... 

To warrants to E. Bonneyjfor his services and expenses going 
to Indiana and Ohio to capture and bring to justice the mur- 
derers of Col. Davenport, - 

To warrants to E. Bonney, for a reward offered for the arrest 
.and delivery of Granville Young for the murder of Col. Da- 
venport, -.-_.._ 

To warrants to E. Bonney, for the expenses, &c. in the arrest 
and delivery or R. H. Burch, Wm. Fox and John Long, the 
murderers of Col. Davenport, - 

To warrants to Samuel Hunt, for the reward offered for the 
apprehension and conviction of Crisman, for stealing railroad 
iron, ----... 



Amount. 



$201 00 

5 00 

7 00 
55 00 
317 42 
401 73 
150 00 
200 00 
75 00 

200 00 

200 00 

200 00 

600 00 

200 00 

134 CO 

50 00 
$2,996 13 



212 



AUDITOR'S REPORT. 



(16, 



A statement of the amount of warrants drawn upon the treasurer on account of 
county tax on lands redeemed, jrom December 1, 1844, to December 1, 1846. 



Date. 



1845. 

January 15 

February 24 

April 28 

June 14 

« 19 

" 21 

" 27 

July 2 

Sepcemb'rl7 

« 22 

« 23 

Decemb'r 5 

" 9 

" 13 

1846. 

February 9 

« 14 

March 5 



To whom paid. 


For what county. 


For what years. 


Amount. 


Levi Wilcox, treasurer, 


Marshall county, 


1843 


$63 71 


Samuel Fraizer, " 


Vermilion* " 


1844 


24 79 


Wm. McComb, « 


Fulton ". 


1844 and 1845 


84 69 


John M. Gillmore, " 


Mercer " 


« « 


34 00 


W. C. Long, « 


Clinton « 


a c 


37 48 


Minott Silliman, " 


Stark « 


« <r 


8640 


N. W. Peddecord, " 


Macon " 


a a 


68 57 


M. S. Morris, '« 


Menard '• 


tt a 


50 34 


Jabez Fitch, « 


LaSalle « 


1843, '44 & '45 


234 34 


D. J. Lloyd, * 


Rock Island" 


U (C (« 


44 24 


Isaac Jessup, " 


Will « 


To Mar. 3, 1845 


71 96 


C. Bowman, a 


Logan " 


1844 and 1845 


36 52 


M. Ballon, « 


Bureau " 


ie a 


118 38 


S. S. Leet, « 


Henderson rt 


a ie 


48 62 


John Red, « 


Calhoun « 


It « 


66 95 


0. Turner, " 


Putnam " 


1839 to 1845 inc. 


11 57 


E. Ater, « 


Piatt « 


1844 


7 75 
$1,090 31 






(27) 



AUDITOR'S REPORT. 



213 



A. statement of the amount of warrants drawn upon the treasurer, on account of 
public printing and binding, Jrom December first, 1844, to December first, 1846. 



Date. 



1845 & 1846. 



1845. 
June 12 



August 23 
? 25 

September 1 

1845 & 1846. 



To whom paid, and for what. 



To warrants issued to Walters and Weber, in full, for printing 
the session laws, journals, Revised Statutes, &c, of session 
1844 and 1845, ..--.. 

To warrants to Barbee, Yands & Co., in full, for paper for the 
laws, journals, &c., of session 1844 and 1845, 

To warrants to S. Francis & Co., in full, for publishing laws 
in the Sangamon Journal, and furnishing the State with 
1,574 copies of the same, - - - - - 

To warrants to S. S. Brooks, for measuring work and adjust- 
ing account of public printing, .-■'.. 

To warrants to W. M. Farnsworth, for measuring work and 
adjusting account of public printing, - 

To warrants to John McDonald, as umpire in measuring work 
and adjusting account of public printing, - - - 

To warrants to Johnson and TCradford, in full, for binding ses- 
sion laws, journals, revised laws, &c, of session 1844 and 
1845, 



Amount. 



$ 9,101 22 


1,250 00 


179 20 


27 00 


27 00 


24 00 



$10,608 42 
3,623 74 



214 



AUDITOR'S REPORT. 



(28) 



A statement of the amount of warrants diawn upon the treasurer, on the account 
of the Judiciary, from December 1, 1844, to December 1, 1846. 



Date. 


Circuit. 


To whom paid. 


Amount. 


1845 and 1846 


First, 


To warrants to Samuel A. Lockwood, for 
his salary as associate justice of the su- 
preme court, for part of September quar- 
ter, and in full for December quarter, 








1844, - - - - - 


$630 00 




(c 


To same, for quarters ending March, June, 








September and December, 1845, - 


1,500 00 




a 


To same, for quarters ending March, June 








and September, 1846, - 


1,124 00 




$3,255 00 


1845 and 1846 


Second, 


To warrants to James Shields, for his salary 
as associate justice of the supreme court, 
for quarters ending September and De- 








cember, 1844, « 


$750 00 




tt 


To same, for quarters ending March and 








part of June, 1845, - 


339 04 




a 


To warrants to Gustavus Koerner, for his 
salary as associate justice of the supreme 
court, for frac. quarter ending June, and 
quarters ending September and Decem- 








ber, 1845, - 


744 54 




a 


To warrants to same, for quarters ending 
March, June, September, and part of De- 






Third, 


cember, 1846, — 
To warrants to Walter B. Scates, for his 


753 64 




$2,587 22 


1845 and 1846 








salary as associate justice of the su- 








preme court, in part y for quarters end- 








ing September and December, 1844, 


$626 00 




u 


To same, in full, for quarters ending 
March, June, September, and part of 








December quarter, 1845, 


1,492 00 




.( 


To same, in part, for quarters ending 






Fourth, 


March, June and September, 1846, 
To warrants to W. Wilson, for his sala- 


663 00 




$2,78 1 00 


J845 and 1846 








ry as chief justice of the supreme court, 








in part, for quarter ending December, 
1844, 


$220 00' 




« 


To same, in full, for quarters ending 








March,. June, September and December, 
1844, - 


1,500 00 




K 


To same» in full, for quarters ending March, 








June, September, and in part far quarter 


1,161 59- 






ending December, 1846, - 

l 




$2,881 59' 







(29) 



AUDITOR'S REPORT. 

Statement — Judiciary — Continued. 



215 



Date. 


Circuit. 


To whom paid. 


Amount. 


1845 and 1846 


Fifth, . 


To warrants to Jesse B. Thomas, for his 
salary as associate justice of the supreme 
court, in full, for quarter ending Decem- 








ber, 1844, - - - - - 


$375 00 




t( 


To same, in full, for quarters ending March, 
June, and in part for the quarter ending 








September, 1845, - - 


808 00 




it 


To warrants to Norman H. Purple, for his 
salary as associate justice of the supreme 
court, in part, for quarter ending Sep- 
tember, and in full for quarter ending De- 








cember, 1845, - 


397 95 




u 


To same, in full, for quarters ending 






Sixth, . 


March, June and September, 1846, 
To warrants to Thomas C. Browne, for his 


750 00 




$2,330 00 


1845 and 1846 








salary as associate justice of the supreme 








court, in full, for quarters ending Sep- 








tember and December, 1844, 


175 00 




(C 


To same, for quarters ending March, June, 








September and December, 1845, 


1,500 00 




st 


To same, in part, for quarter ending March, 






Seventh, . 


1846, 

To warrants to R. M. Youn?, for his sala- 


100 00 




$2,350 00 


1845 and 1846 








ry as associate justice of the supreme 








court, in full, for balance of salary due for 








1844, - 


$900 00 




tc 


To same, for quarters ending March, June, 








September and December, 1845, - 


1,500 00 




a 


To same, for quarters ending March, June 








and part of September, 1846, - - 


837 00 




it 


To same, for quarter ending September, 






Eighth, . 


1846, 

To warrants to S. H. Treat, for his salary 


150 00 




$3,387 00 


184* and 1846 








as associate justice of the supreme court, 








in full, for quarter ending December, 








1844, - - - - - 


$375 00 




J5 


To same, in full, for quarters ending 
March, June, September and December, 








1845, 


1,500 00 




C( 


To same, in full, for quarters ending March, 










June, and September, and part of quar- 










ter ending December, 1846, 


1,376 00 




$3,251 00 







216 



AUDITOR'S REPORT. 

Statement — Judiciary — Continued. 



(30) 



Date. 


Circuit. 


To whom paid. 


Amount. 


1845 and 1846 


Ninth, . 


To warrants to John D. Caton, for his sala- 
ry as associate justice of the supreme 
court, for quarter ending December, 








1844, 


$375 00 




e< 


To same, for quarters ending March, June, 








September and December, 1845, 


1,071 75 




ti 


To same for quarters ending March and 
September, and in part for quarter end- 








ing June, 1846, - - . - 


745 81 




Cook and 


To warrants to Hugh T. Dickey, for his 


$2,191 56 


1845 and 1846 






JoDaviess 


salary as judge of the Cook and Jo Da- 
viess county courts, for fractional quar- 
ter ending March, and quarters end- 
ing June, September and December 








1845, .--- - 


$720 14 




c. 


To same, for quarters ending March, June, 








and September, - - - - 


637 50 
$1,357 64 






Total, 


~~ $26,372 96 



(31) 



AUDITOR'S REPORT. 



217 



A statement of the amount of warrants drawn upon the treasurer, on the account 
of circuit attorneys, from December 1, 1844, to December 1, 1846. 



Date. 



1845 and 1846 



Circuit. 



First, 



1845 and 1846 



1845 and 1846 



1845 and 1846 



Second, 



Third, 



Fourth, 



To whom paid. 



To warrants to John W. EvaDS, for his sal- 
ary as circuit attorney, in full, for De- 
cember quarter, 1844, and 16th January, 
1845, 

To warrants to Clark A. Goodrich, for his 
salary as circuit attorney, in full, for 
quarter ending December, 1844, and quar- 
ters ending March, June, September and 
December, 1845, and quarters ending 
March, June, September, and part of 
December quarter, 1846, 



To warrants to W. H. Underwood, for his 
salary as circuit attorney, in full, for quar- 
ter ending December, 1844, and 16th Jan- 
uary, 1845, - 

To warrants to Wi\ham H. Bissell, for his 
salary as circuit attorney, in full, for 
quarters ending March, June, September 
and December, 1845, and quarters ending 
March and June, 1846, - 



lo warrants to Willis Allen, for his salary 
as circuit attorney, in full, for quarter 
ending December, 1844, and 16th Janua- 
ry, 1845, .... 

To warrants to W. A. Denning, for his sal- 
ary as circuit attorney, in lull, for quar- 
ters ending March, June, September and 
December, 1845, and quarters ending 
March, June and September, 1846, 



To warrants to A. Kitchell, for his salary 
as circuit attorney, in full, for quarters 
ending September and December, 1844, 
and l6th January, 1845, 

To warrants to A. Shaw, for his salary as 
circuit attorney, in full, for quarters end- 
ing March, June, September and Decem- 
ber, 1845, and quarters ending March and 
June, 1846, - 

To same, forquarterendingSeptember,1846, 



Amount. 



218 



AUDITOR'S REPORT. 

Statement — Circuit Attorneys — Continued. 



(32) 



Date. 


Circuit. 


To whom paid. 


Amount. 


1845 and 1846 


Fifth, . 


To warrants to W. Elliott, jr., for his salary 
as circuit attorney, in full, for quarter 
ending Decemher, 1844, and quarters end- 
ing March, June, September and Decem- 
ber, 1845, and quarters ending March, 






Sixth, . 


June and September, 1846, 
To warrants to J. B. Wells, for his salary 


$521 68 


1845 and 1846 








as circuit attorney, in full, for balance 








due in 1843 and 1844, and to 16th June, 








1845, ----- 


$283 71 




« 


To warrants to J. L. Loop, for his salary as 
circuit attorney, in full, for quark r ending 
December, 1844, and quarters ending 








March, June, to 7th September, 1845, - 


179 86 




u 


To warrants to Thomas J. Turner, for his 
salary as circuit attorney, in part, for 
quarter ending in September, and in full, 
for quarter ending December, 1845, and 
in full, for quarters ending March and 
June, and in part, for quarter ending Sep- 








tember, 1846, - 


263 25 




Seventh, 


To warrants to James Curtis, for his salary 


$726 82 


1845 and 1846 








as circuit attorney, in full, for quarters 








ending December, 1844, and 16th Janua- 








ary, 1845, ... - 


$94 10 




ec 


To warrants to William A. Boardman, for 
his salary as circuit attorney, in full, for 
quarters ending March, June, September 
and December, 1845, and quarters ending 






Ninth, . 


March, June and September, 1846, 
To warrants to B. F. Fridley,for his salary 


399 30 




$493 40 


1845 and 1846 








as circuit attorney, in full, for quarters 








ending June, September and December, 








1843, and for the year 1844, and for the 








year 1845, and quarter ending March, 






Cook and 


1846, 

To warrants to P. Ballingall, for his salary 


$837 50 








Jo Daviess, 


as prosecuting attorney of Cook and Jo 
Daviess county courts, for quarters ending 
March, June, September and December, 
1845, and quarters ending March, June 








and September, 1846, - - - 
Total, - - - - - 


$319 41 




$5,080 20 



(33) 



AUDITOR'S REPORT. 



219 



A statement of the amount of warrants drawn upon the treasurer, on account of 
the salaries of the Governor, secretary of Stale, auditor of public accounts, 
and treasurer, from the first December, 1844, to first December, 1846. 



Officers. 


For what quarter's salary. 


Amount. 


Total. 


Governor. 


Thomas Ford, for quarter ending Decem- 








ber, 1844, . 


1166 00 






" for quarters ending March, 








June, September and De- 








cember, 1845, 


1978 00 






« same, 1846, . 


1673 00 


$3817 00 


Secretary of State. 


Thompson Campbell, .for quarter ending 






December, 1844, 


83 00 






" for quarters ending 








March, June, Sep- 








tember and De- 








cember, 1845, 


836 25 






same, 1846, 


705 00 


1624 25 


Auditor. . 


Wm. L. D. Ewing-, for quarter ending De- 






cember, 1844, 


157 50 






" for quarters ending 








March, June, Sep- 








tember and Decem- 








ber, 1845, . 


1643 85 






" for March quarter, '46, 


400 00 






Tho. H. Campbell, for quarters ending 








June, September and 








December, 1846, . 


983 32 


3184 67 


Treasurer. 


M. Carpenter, for quarters ending March, 






1843, and December, 1844, 


256 53 






" for quarters ending March, 








June, September and De- 








cember, 1845, 


836 25 






(C for same, 1846, 


733 33 


1826 11 








$10,452 03 



AUDITOR'S REPORT. 



(34) 



A comparative statement of the revenue and interest fund tax, for the years 

1845 and 1846. 



Counties. 


Two-mill tax, 
1845. 


One-mill tax, 
1845. 


Two-mill tax, 
1846. 


One-mill tax, 
1846. 


Adams . 


$4994 78 


$2497 39 


$5389 10 


$4,041 82 


Alexander, 




541 34 


280 67 






Bond, . 




1239 09 


619 54 


1181 17 


885 87 


Boone, . 




817 01 


408 51 


1070 70 


803 02 


Brown,. 




1379 61 


689 81 






Bureau, 




2275 66 


1137 83 


2396 64 


1797 47 


Crawford 




1070 88 


535 44 


1295 21 


961 41 


Cook . 




7338 25 


3669 12 


10142 76 


7607 07 


Coles . 




2155 10 


1077 54 


2139 46 


1604 60 


Clinton . 




1415 01 


077 51 


1389 00 


1041 00 


Champaign 




767 31 


383 66 


751 36 


563 52 


Clark . 




1975 46 


987 73 


2033 93 


1525 44 


Clay . 




598 31 


299 16 






Cumberland 




541 17 


270 59 


590 76 


443 07 


Christian 




1017 81 


508 90 


1013 21 


759 90 


Cass 




2006 51 


1003 26 






Carroll . 




185 02 


92 50 


269 74 


202 30 


Calhoun . 




863 37 


431 69 






Du Page 




869 35 


434 67 


964 30 


723 22 


De Witt 




873 52 


436 75 


896 62 


672 46 


De Kalb 




276 11 


138 06 


300 66 


225 49 


Effingham 




403 92 


201 95 


445 53 


334 15 


Edwards 




944 45 


472 23 


949 01 


711 75 


Edgar . . 




2563 17 


1281 58 


2197 10 


1947 83 


Fulton . 




4755 17 


2377 59 


6675 57 


3506 68 


Franklin 




551 24 


275 62 


532 32 


399 24 


Fayette . 




1083 91 


541 95 






Grundy 




678 16 


339 08 


745 41 


559 06 


Greene . 




2782 21 


1391 10 


2675 10 


2006 33 


Gallatin 




1931 56 


965 77 


i 




Henry . 




1160 55 


580 27 






Henderson 




1679 61 


839 80 


1683 88 


1262 90 


Hardin . 




244 75 


122 38 


256 12 


102 09 


Hancock 




4200 55 


2100 28 






Hamilton 




405 06 


202 53 


407 37 


305 53 


Iroquois 




770 85 


385 43 


i 




Johnson 




421 52 


210 76 


375 88 


281 92 


Jo Daviess 




3096 17 


1548 09 


3847 90 


2885 91 


Jersey . 




1782 00 


891 00 






Jefferson 




1126 38 


563 19 


1297 06 


972 80 


Jasper . 




388 31 


194 15 


| 426 47 


319 85 


Jackson 




870 37 


435 19 


818 63 


613 97 


Knox . 




3639 17 


1819 59 


3758 65 


2819 00 


Kendall 




1288 94 


644 48 


1312 78 


984 58 


Kane 




1009 28 


504 64 


1278 40 


958 79 


Logan . 




1413 68 


7C6 81 


1405 62 


1054 22 


Livingston 




300 27 


155 14 


1 336 81 


252 60 


Lee 




255 96 


157 98 


538 75 


404 06 


Lawrence 




1364 91 


682 45 






La Salle 




3391 73 


1695 87 


3614 99 


2711 25 


Lake 




547 13 


273 56 


1030 42 


772 91 


Morgan 




4276 16 


2138 08 


4307 13 


3230 35 


Montgomery 




1204 77 


602 38 


1396 25 


1047 18 


Monroe 




1117 23 


558 61 


1356 10 


1017 07 


Mercer . 




1660 32 


830 16 


1772 17 


1329 12 


Menard 




1391 29 


695 64 


1389 50 


1042 13 


Mason . 




655 82 


327 91 


716 12 


537 09 



(35) 



AUDITOR'S REPORT. 

Comparative Statement — Continued. 



221 



Counties. 



Marshall, 

Marion, 

Madison, 

Marquette, 

McHenry 

McDonough, 

McLean, 

Macoupin, 

Moultrie, 

Macon, 

Massac, 

Ogle, 

Peoria, 

Perry, 

Piatt, 

Pike, 

Pope, 

Pulaski, 

Putnam, 

Randolph, 

Richland, 

Rock Island, 

Sangamon, 

Scott, 

Schuyler, 

Shelby, 

Stark, 

St. Clair, 

Stephenson, 

Tazewell, 

Union, 

Vermilion, 

Wabash, 

Warren, 

Washington, 

Wavne, 

White, 

Whiteside, 

Will, 

Williamson 

Winnebago, 

Woodford, 



Two-mill tax, 
1845, 



$1604 33 
1084 80 
5953 01 

1052 24 
2441 89 
2511 04 
3356 11 
"600 84 

771 80 

445 77 

566 66 
4205 75 

873 71 

383 47 
4242 59 

501 09 

528 57 
1027 71 
2149 90 

626 35 
1974 51 
6249 11 
1464 21 
2069 30 
1735 40 
1132 28 
3956 95 

396 41 
3272 92 

949 48 
3356 30 
1092 64 
2634 87 
1224 32 

860 19 
1213 60 

429 82 
3936 16 

507 41 
1311 94 
1173 81 



One-mill tax. 
1845. 



$802 16 

542 40 

2976 51 

526 12 

1220 94 

1255 52 

1678 05 
300 42 
385 90 
222 89 
283 33 

2102 87 
436 86 
191 73 

2121 29 
250 55 
264 28 
513 85 

1074 95 
313 17 
987 26 

3124 56 
732 10 

1034 64 
867 69 
566 13 

1978 47 
198 20 

1636 46 
479 74 

1678 15 
546 31 

1317 44 
612 66 
430 09 
606 80 
214 91 

1968 08 
253 70 
655 96 
586 90 



Two-mill tax, 
1846. 



One-mill tax, 
1846. 



$163,437 4 5 \ $81,718 72 



The am't of assessment in nineteen counties, for 1846, 
which have not been reported to this office, about 



$1680 49 


1120 00 


6169 76 


1711 26 


2509 55 


3508 07 


590 08 


1125 36 


665 00 


4508 04 


431 58 


4685 00 


523 70 


530 25 


1099 61 


1877 47 


1500 12 


2394 26 


1696 09 


1183 55 


500 04 


3447 37 


979 97 


3419 48 


1127 70 


2188 62 


1232 48 


851 53 


1252 08 


532 69 


4095 44 



472 33 
1691 00 
1201 84 



$140,278 92 



34,857 00 
$175,135 92 



$1260 37 

840 00 

4627 31 

12^3 44 
1882 16 

2631 06 
442 56 
844 01 

498 74 
3381 02 

323 68 
3514 00 
392 80 
397 68 
824 75 



1408 10 

1125 09 
1795 70 
1272 07 
887 66 

375 02 

2585 53 
734 98 

2564 61 
845 80 

1641 47 
924 36 
638 65 
939 05 
399 51 

3071 58 
354 25 

1268 25 
901 37 



$105,209 19 



26,143 00 
$131,352 19 



222 AUDITOR'S REPORT. (36) 

The following statement will show the condition of the school, college, and 
seminary funds, on the first day of December, 1846. 

Amount of school fund, - $396,019 76 

" Surplus revenue, - 335,592 32 

$731,612 08 

Amount of college fund, - 81,672 59 

" seminary fund, - 56,917 66 

Total amount of school, college and seminary funds, $870,202 33 



On the first day of January, 1846, the interest on the school, college, and 
seminary funds amounted to $51,371 23. 

The amount appropriated to the deaf and dumb asylum at Jacksonville, for 
which warrants were issued upon the treasurer, is $2,141 66 ; the remainder of 
said interest, $49,229 57, was apportioned to the several counties. The 77th 
section of the school law, approved 26th February, 1845, requires the auditor 
to issue warrants upon the treasurer for the amount due to each county, and the 
107th section of the revenue law, approved 30th March, 1845, requires him to 
certify the amount to the collectors. 

In the midst of these conflicting laws, certificates were issued as required by 
the revenue law. 

There have been sold for State indebtedness, from the firstday of April, 1844, 
to the first day of December, 1846, of the State lands purchased by the board of 
commissioners, and selected by agents appointed by the Governor, as follows : 



(37) 



AUDITOR'S REPORT. 



223 



Items. 



Lands charged to the Central railroad, - 
Lands charged to the Alton and Shelbyville, - 
Lands charged to the Alton and Shawnee- 
town, ------- 

Lands selected in the Dixon land district, 
Lands selected in the Chicago land district, - 
Lands selected in the Danville land district, - 
House and lot in Jonesboro', - ' - 

Total acres sold, and amount received, - 
Pre-emption claims entered, - 

There have been valued and are now subject 
to sale, of the lands charged to the Central 
railroad, ------ 

" " In Cairo City, - 

u " Alton and Shelbyville, 

" " Alton and Shawnee- 

town, - - - 
" " Alton and Mount Car- 

mel, - _ _ 
" Selected in the Dixon land dis- 

trict, - . - 
" " Chicago, - 

" " Danville, - 

Total acres and valuation, - 



Acres. 



480.00 
2,642.92 

160.00 

7,030.34 

80,356.04 

960.00 



91,629.30 
"344.35 



16,633.32 

10.00 

8,372.47 

1,040.00 

7,335.29 

70,164.32 

9,380.25 

42,303.44 



155,239.09 



Amount. 



$1,920 00 
6,417 30 

760 00 

37,721 54 

325,222 60 

4,680 00 

3.000 00 



$379,721 44 



81,273 52 
50,000 00 
20.011 87 

5,200 00 

36,283 37 

415,641 88 

37,334 86 

215,555 62 



$861,301 12 



Of the lands charged to the Alton and Shelbyville I railroad, 5,547.76 acres 
have not been valued ; also, various town lots and fractional tracts of land. 

One thousand nine hundred and twenty acres of land in the Chicago land 
district were selected in the year 1842, for seminary purposes, and were valued 
at $4 00 per acre ; 640 acres in the Danville land district, valued at $5 00 per 
acre ; and in 1838, 640 acres were selected in the Palestine land district, which 
have not been valued. I am of the opinion that the lands selected in the Chicago 
and Danville districts would sell at the valuation in State indebtedness, but could 
not be sold at that price in specie. 

The warrants outstanding and unredeemed on the 
first day of December, 1844, and the warrants 
issued from the first day of December, 1844, to 
the 26th day of March, 1846, amounted to - $279,956 50 

The amount of warrants received and cancelled 
from the first day of December, 1844, to the 
26th day of March, 1846, amounted to - - 196,692 25 



224 



AUDITOR'S REPORT. 



Warrants outstanding and unredeemed on the 26th 
day of March, 1846, 

Warrants issued (including $62,000 interest fund 
tax,) from the 26th day of March to the 1st 
day of December, 1846, - 



Warrants received and cancelled during same 
time, -._____ 

Amount of warrants outstanding and unredeemed 
on the 1st day of December, 1846, 



The amount of revenue due for the year 1845, and prior, not 
yet collected, after deducting for loss, will amount to about 

Amount of revenue for the years 1846 and '47, after deducting 
for loss, &c, say ________ 

Amount of three per cent, fund, including the amount now in 
the treasury, for the years 1846 and '47, say - 

Thus it will be seen that the net revenue to be collected during 
the next two years, after deducting the amount of auditor's 
warrants and school certificates, now outstanding, will be 
about ----____._ 

If we estimate the expenditures for the years 1847 and '48, at 
the same amount that it has been in 1845 and '46, there will 
be a surplus in the treasury on the first day of December, 
1848, of 



(38) 

$83,264 2( 

95,518 94 

$178,783 19 

146,137 58 

$32,645 61 

$340,000 00 

$40,000 00 

340,000 00 

45,000 00 

385,000 00 

63,341 83 



The amount received from redemptions and sales of forfeited lands and town 
lots is much less than had been anticipated ; a large portion of the property had 
been forfeited to the State in error, and in many counties the property was not 
offered for sale. The lists required by section 81, chapter 89, Revised Statutes, 
were not furnished tqJhe clerks of the county commissioners' courts, except in 
a few cases. The original sale lists being on file in the clerks' offices, together 
with the impossibility of preparing the lists within the time allowed, induced the 
auditor to direct the clerks to sell from the sale books. 

Clerks of the county commissioners' court are not required to furnish this 
office with an abstract of the sale of forfeited lands and town lots sold by them, 
nor to pay over the amount of State tax collected by them ; neither does it au- 
thorize payment of accounts for publishing the notices of sales, as required by 
section 82 of the same law. 

From the returns made to this office, I believe that at least one-half of the 
assessors do not complete the assessment of property during the period re- 
quired by law. To remedy this I would suggest, that in large counties, asses- 
sors should be authorized to appoint assistants, subject to such control as may 
be thought fit, and that the clerks of the county commissioners' courts be re- 
quired to enforce the law, if the books are not returned complete within the time 
specified. 

The books of the assessors would answer for the collectors, equally as well 
as the copy made out by the clerk : this would save an annual expense of about 
$3,500, and would give one month's more time to assessors to complete the 
assessment. 






(39) AUDITOR'S REPORT. 225 

The copy of the assessment of forfeited lands and lots furnished to this office, 
as required by section 22, chapter 89, is useless and might be dispensed with. 

I think that section 90, chapter 89, should be so amended as to require col- 
lectors to refund the taxes on lands sold in error, when they have been paid 
before sale, except in cases of double assessment, or when the property is not 
taxable. 

So much of section 111 as requires the auditor to credit the collector with the 
amount of erroneous sales, appears to be unjust ; for certainly he should not be 
entitled to the credit unless he refunds to the purchaser, and then only for the 
amount of the State tax. 

There is no list furnished by the clerk of the county commissioners' court to 
the clerk of the circuit court, as intimated in section 112. The fees allowed 
for said list are claimed in some counties by the clerk of the circuit court, and in 
others by the collector ; both of these officers perform sufficient labor to entitle 
them to the fees. In some counties collectors receive a commission of five per 
cent, on the first $1,000 county tax ; on others they only receive five per cent, 
on the county proportion of the first $1,000, and three per cent, on the remain- 
der. Hence this law operates unequally. Collectors for the years 1843 and 
'44 were allowed mileage for but one trip. Some of those who made regular pay- 
ments, as required by law, retained the amount of mileage for both trips, leaving 
a balance of one trip against them. Believing that it would only subject the 
State to costs, I have not attempted to enforce the law. 

Some modification in the last proviso in section 108 may be necessary. The 
failure of courts, and the mistakes of collectors, frequently prevent the latter 
from obtaining judgment against delinquent lands and town lots. In these cases 
the fees for the publication are neither collected nor paid. 

Section 7th, chapter 89, relating to hawkers and pedlers, is very vague and 
unsatisfactory. There is no period limited when the license granted to them by 
the secretary of State shall expire. 

The bonds of collectors should be filed in this office instead of the office of 
the secretary of State, as required by law. 

All which is respectfully submitted. 

THOS. H. CAMPBELL, 

Auditor of Public Accounts. 



15 



TREASURER'S REPORT. 



REPORT 



OF THE 



TREASURER OE THE STATE OE ILLINOIS, 



DECEMBER 12, 1846. 



Treasurer's Office, Illinois, 

Springfield, December 7, 1846. 

To the Honorable 

The Speaker of the Senate : 

Sir : In compliance with law, I have the honor to submit to the General As- 
sembly the following report, exhibiting the condition of this department from 
the 30th dav of November, 1844, to the 30th day of November, 1846. 

It will be recollected that, by a special act of the General Assembly at its last 
session, the available funds then in the treasury were appropriated to the pay- 
ment of the expenses of that session. Owing to the adoption oi this salutary 
measure, the value of auditor's warrants was, at once, appreciated from seventy- 
five to ninety or ninety-five cents on the dollar. Had the limited amount of 
specie then in the treasury been paid out indiscriminately, on all warrants pre- 
sented, it would immediately have been drawn out by speculators who had bought 
auditor's warrants at reduced prices. As a natural consequence, members and 
officers of the Legislature would have been compelled to sell the warrants re- 
ceived for their services, at whatever prices those same speculators were disposed 
to pay. Thus would brokers have been supplied from the treasury with the 
means of controlling the market, and fixing, in fact, the value of all services 
performed for the State. The depreciation of warrants to sixty or sixty-five 
cents to the dollar, would have been the inevitable consequence ; and the liabil- 
ities of the State for stationery and other articles purchased for its use would 
have been increased in a sum equal to the difference between specie and the 
depreciation. 

Since the last session, auditor's warrants have maintained a value from eighty 
to one hundred cents on the dollar, and I am confident that the adoption of pro- 
per measures will place them at a higher average value for the succeeding than 
they have borne for the past two years. 

Since my last report I have received from the commissioners of the school 
fund the sum of $14,102 11, in part of the three per cent, fund due from the 
general government. It was my purpose, in compliance with the course I had 
previously pursued with respect to that fund, to make such a division of it as to 
apportion to each county its appropriate share for school purposes ; but the law 
relating to the payment of interest having been changed at the last session of the 
Legislature, the auditor now draws orders therefor upon the collectors of the 



several counties in favor of school commissioners, for the amounts annually due 
from the State, instead of issuing warrants upon the treasury. This change put 
it effectually out of my power to carry out my original design respecting that 
fund, which was to apply it as far as possible to the purposes of education, feel- 
ing, as I do, that every preference consistent with the public good is due to an 
object so sacred and beneficial in its character. 

The purchase of paper to be used in printing ten thousand copies of the Re- 
vised Statutes, as ordered by the Legislature at its last session, involved a con- 
siderable addition to ordinary disbursements. At the time of its purchase, war- 
rants, owing to the large amount issued to pay the expenses of the session then 
closed ; of the Mormon disturbances, &c; were worth but eighty cents to the 
dollar. It was thought by the executive of the State to be conducive to its 
interest to apply the sum of $4,000 00 of said fund to the purpose of paying 
for the paper so purchased. To have paid this sum by the sale of warrants at 
a discount of twenty per cent., would have required an issue of $5,000 00; a 
loss to the State of $1,000 00 in this item alone. This sum of $4,000 00 was! 
received from the executive (in behalf of the school commissioners of the State) 
in warrants drawn for the purchase of paper, instead of specie. For a like 
reason, and to spare the necessity of selling warrants at a sacrifice, as had been 
previously done, the sum of $1,774 97, has been paid out of this fund, to dis- 
charge the postage bills of the public offices, and to purchase fuel for the pre- 
sent session. This leaves in the treasury the sum of $8,327 14 of said fund, 
which has been withheld from the payment of ordinary warrants, and which is 
now at the disposal of the Legislature. These measures have been adopted 
from a strong conviction of the importance of maintaining the value of auditor's 
warrants at the highest possible rates, until such time as there shall be money 
in the treasury to meet all demands ; which time, it is believed, is not far dis- 
tant. 

The liabilities of the State for the next two years, comprising warrants and 
school commissioners' orders now outstanding; expenses of the next two years, 
including the accruing interest on the school, college and seminary fund, to be 
paid to the counties, will not exceed the sum of $365,000 00, basing the esti- 
timate upon the expenditures of the two past years. 

To meet this estimated expenditure, there are, of arrearcges due from collec- 
tors of 1845, and previous years; of revenue for 1846 and 1847, (after de- ' 
ducting expenses of collection ;) of the funds now in the treasury, and the sums 
to be received from the United States government, on account of the three per 
cent, fund, sufficient reliable resources to make the gross sum of $428,000 00, 
thus exhibiting a clear balance in favor of the treasury, of $63,000 00. It is 
therefore evident that, should collectors be prompt in making their settlements 
at the treasury, there cannot fail to be funds in hand, when the revenue for 1846 
is due, to pay all demands payable at this department. 

The three per cent, fund now due from the general government, which can 
doubtless be realized before the adjournment of the Legislature, together with 
the sum now in the treasury, will amount to about $25,000 00. If applied to 
that object, this sum will go far towards defraying the expenses of the present 
session, and have the effect of so preserving the credit of the State as to keep 
warrants at about par at this point. This would regulate their value elsewhere 
at about the same standard ; and those now out would soon flow in through the 
channels of the revenue, without causing that serious embarrassment which 
would accompany their depreciation. 

But if the means now at the disposal of the Legislature are applied to the 
payment of warrants in general, or of any demands other than those growing 
out of the present session, a depreciation in the value of warrants would be pro- 



duced at this point, accompanied by a corresponding reduction elsewhere. For 
it is but reasonable to suppose, that the payment of these available means on any 
warrants that may be outstanding, will cause those in the hands of speculators 
to be immediately presented. Thus would this class of persons have it in their 
power to purchase of the officers and members of the Legislature, their war- 
rants, at whatever price their interest or caprice might dictate. It is, therefore, 
believed to be in accordance with considerations of sound policy, and for the 
best interests of the State, to apply the available means at the disposal of the 
Legislature to the payment of the expenses of the present session. 

By reference to the accompanying exhibits it will be seen that there has been 
paid into the treasury, on account of the " interest fund," devoted by law to the 
partial payment of interest on the State debt, the sum of $62,024 33, of which 
the sum of $62,000 00 has been drawn out by the Governor, to be applied to the 
object contemplated ; leaving a balance in the treasury to the credit of that fund 
of $24 33. 

The improvement which has taken place in the credit and financial condition 
of the State for the past two years, is a subject for sincere congratulation, and 
affords abundant evidence not only of the increasingly prosperous position of 
the State itself, but that the same blessings are diffused amongst all its people. 
With such encouragements we may hope for the speedy arrival of the time when 
the State will be freed from her embarrassments, and her citizens from those; 
misfortunes which are always consequent upon a derangement of public affairs. 

Very respectfully, yours, &c, 

M. CARPENTER, Treasurer. 



232 



TREASURER'S REPORT. 



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TREASURER'S REPORT. 



233 



Clerks for 

lands sold and 

redeemed. 


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TREASURER'S REPORT. 

A statement of monthly credits by auditor 's receipts. 



235 



Date. 




Auditor's Rece 


pts. 






Amount. 


1844. 














December, 
1845. 


By amount of auditor's receipt, 


- 


- 


- 


$19,853 53 


January, 




« (i 


. 


. 


. 


14,723 67 


February, 




tt tt 


_ 


_ 


- 


23,341 03 


March, 




« a 


_ 


. 


- 


17,067 92 


April, 




a tt 


_ 


- 


- 


19,099 41 


May, 




it tt 


_ 


- 


- 


10,803 67 


June, 




a u 


_ 


- 


- 


26,862 56 


July, 




a a 


m 


_ 


- 


12,012 18 


August, 




a a 


m 


. 


. 


7,049 38 


September, 




« tt 


_ 


_ 


. 


3,402 80 


October, 




it it 


_ 


_ 


. 


4,617 98 


November, 




te it 


_ 




. 


3,405 54 


December, 




a it 


_ 


m 


. 


9,126 62 


1846. 














January, 




« it 


_ 


_ 


. 


1,814 97 


February, 




•t a 


_ 


„ 


• 


21,176 95 


March, 




tt it 


m 


_ 


. 


9,975 80 


April, 




t; .t 


_ 


_ 


. 


7.071 04 


May, 




« a 


_ 


. 


. 


13,292 54 


June, 




a ti 




_ 


. 


30,716 80 


July, 




it tt 


. 


_ 


_ 


25,789 47 


August, 




it a 


_ 


„ 


_ 


21,691 05 


September, 




a a 


_ 




. 


10,763 54 


October, 




it tt 


_ 


'_ 


. 


5,408 61 


November, 




« tt 


- 


- 


- 


3,338 99 




Total credit, 


- 


. 


_ 


. 


$322,496 05 




To amount in 
Total, 


the treasury Novemb 


er30, 


1846, - 


_ 


8,327 14 




$330,823 19 



INDEX 



TO THE 



LAWS OF ILLINOIS. 



* 



INDEX 



LAWS OF ILLINOIS 



A. 



Abemethy, Wm. D.: See Appropriations. 
Administrators : in Marquette county ; 
when and where to 
settle, 39 

may be removed, 63 

of T. Guard: See Pub- 
lic Debtors, 
of B. White: See Pub- 
lic Debtors. 
Allen, Captain: See Appropriations. 
Alexander, J. W.: See Roads. 
Apportionment : of representation in the 

several counties, 3 

Appropriations : general, for 1847-8, 5 

• to complete State house, 

persons therein named, 
to militia under Governor 

Ford, in 1846, 9 

partial, 10, 13 

for clothing, &c, for 

troops, in 1845-6, 11 

to Stevens and Trenchery, 13 
for pay and expenses of 

troops in 1844, 14 

for purposes therein spe- 
cified, 15 
for relief of persons there- 
in named, 15 
to officers and privates 
under gen. J. J. Har- 
din and maj. Warren, in 
1845-6, 16, 17 
tocapt. Archer's compa- 

ny, 17 

for Deaf and Dumb insti- 
tution, 
expenses in refunding 
State debt, 
4mes, D. S.: See Appropriations. 



Arms, of State: how to be preserved, 18 
Armstrong, Wm. E.: See Governor. 
Arnold, Samuel : See Roads. 
Assessments : of Gallatin county legali- 
zed, 75 
of St. Clair co. legalized, 76 
of Hancock co. for 1845-6 
and 1847, 76 
Assessors : of Highland county ; his du- 
ty and liabilities, 40, 41 
deputy for St. Clair county 

may be appointed, 76 

of Hancock county, to com- 
plete assessment, 76 
duty of, 78, 80 
may appoint deputies, 79 
pay of, 82 
8 1 Attorney General : per cent, allowed, 18 
9 1 punctual discharge of 

duties required, 18 

duty of: See Gover- 
nor and Public 
Debtors, 
Attorneys, State's : per cent, allowed, 18 
punctual discharge of duties 

required, 18 

to be notified, 44 

Atwood, M. G.: See Historical Society. 
Auditor and Treasurer: commissioners to 
superintend completion of State 
house, 8 

Auditor, of public accounts: to furnish 

blanks, &c, to clerks, 19 

to complete work in his office, 19 
to forward transcript to clerks, 19 
to collect revenue, purchase 
lands for State, and receive 
per cent, therefor, 19 

to settle with J. B. Weber, 20 

pay-rolls to be filed with, IS 

to pay over funds to Highland 
county, 39 



IV 



INDEX. 



Auditor to give notice : See Public Prop- 
erty, 
to furnish lists, 77, 79 

duty of, in relation to revenue, 80 
to draw warrants in favor of 

clerk, 83 

refund taxes on certain school 

lands, 117 

refund certain moneys, 119 

shall file statement ot school 

commissioner, 126 

nwke patents for purcha- 
sers, 126 
keep date of patents issued, 126 
transmit patents to school 

commissioner, 126 

distribute school fund, 145 

to issue warrants to school com- 
missioners, 145 
report of, 185 
Auditor's warrants : to be issued, 

9, 10, 13, 14, 16 
Austin, B. R.: See Roads. 
Austin, Reuben : See Roads. 
Averill, Henry A. J.: See Roads. 
Ayres, Burton : See Roads. 

B. 

Babbitt, D.: See Appropriations. 
Backenstos, J. B.: See Appropriations. 
Baker, W. B.: See Roads. 
Bailey, Thomas C: See Rivers. 
Baird, A.: See Rivers. 
Baird, Daniel: See Roads. 
Baldwin, Mrs. H.. See Appropriations. 
Bank, State : time extended, 20 

trustees, when and how ap- 
pointed, 20 
to file acceptance, 20 
paper to bear interest, 21 
school commissioners and 
treasurers to report certifi- 
cates to cashier, 21 
debtors not to pay interest, 21 
Barney, Joseph : See Roads. 
Bastardy: warrant in case of, to whom 

issued, 21 

to whom returned, 21 
Battenburg, Jacob, jr.: See Roads. 
Bedell, Edward A.: See Appropriations. 
Bennett, Philip R.: See Roads. 
Blakesley, A. W.: See Appropriations. 
Boon, Bennington: See Salines. 
Bostwick, Alanson : See Roads. 
Boyce, James : See Roads. 
Bridges: across Ok iw river, may be built, 94 
tolls and liabilities, 94 

hand-rails to be erected, 112 

Brandt and Agnew: See Appropriations. 
Breese, Sidney: See Historical Society. 
Briggs, Stephen A.: See Roads. 
Broad well, Moses: See Appropriations. 



Brooks, S. S.: See Appropriations. 
Brooking, Thomas A.: See Roads. 
Brown, ffm. T.: See Historical Society. 
Brown, Jesse: See Roads. 
Browning,/. W.: See Historical Society. 
Bruce, Wm. B.: See Roads. 
Buckingham, Wm. E.: See Roads. 
Byrne, Wm. E.: See Roads. 

c. 

Cain, John: See Roads. 
Canal: American subscribers to loan ves- 
ted with certain rights, 22 
time for registering bonds extend- 
ed, 22 
Canal lands: lot may be donated, 21 
may be sold, - 23 
sale limited, 23 
timber may be withheld from 
sale, with certain excep- 
tions, 23 
protection of, against tres- 
passers, 24 
lots dedicated may be sold, 25 
Governor to issue patent, 26 
Canal contractors: State indebtedness to 
be issued for bal- 
ance due to, 24 
Canal State trustee : suits against, autho- 
rized, 22 
may prosecute suits, 23 
Cantwell, Levi: See Roads. 
Catlin, J.: See Appropriations. 
Catlin, J. H.: See Appropriations. 
Catlin, Joel: See Appropriations. 
Claims: to be filed with secretary of State, 32 
unliquidated canal, to be proven 

before State trustee, 32 

unliquidated internal improve- 
ment, to be proven before audi- 
tor, 32 
barred, if not filed, 32 
Clark, Benjamin: See Appropriations. 
Clark, James: See Appropriations. 
Clark, Jesse A.: See Appropriations. 
Claypole, Jacob: See Governor. 
Claypole, Perry A.: See Governor. 
Cemeteries: trustees of Ottawa to pur- 

chast land for, 118 

Census: of Tazewell county legalized, 41 
children under twenty years 

years of age, 134, 137 

school districts, 137 

Cities : Quincy, made a school district, 150 
Springfield, relative to post office 

of, 171 

Clerks : circuit court, pay of, 82 

county commissioners', duty of, 

in relation to convention, 33 

of Greene county, to transcribe 

records, 72 

penalty for neglect, 79 



INDEX. 



80 
81 
8 J 
81 
82 
83 
83 



Clerks.- county commissioners', 
to compare lists, 

deliver assessment list, 
sell lands, 
transmit lists, 
pay of, 
shall make lists, 

give notice of sales, 

election, 

121, 126 
preserve and copy state- 
ment, 126 
file and record bounda- 
ries, 129 
compute tax, 139 
Change of venue: in criminal cases al- 
lowed, 46 
Chadsej, Benjamin: See Appropriations. 
Chandler, Samuel: See Appropriations. 
Chandler, E.: See Appropriations. 
Chase, John L.: See Roads. 
Chickering, Wm.: See Appropriations. 
Church, Seldon M.: See Roads. 
Coal : weight of, fixed, 168 
Collector: of Highland county, his duty 

and liabilities, 40, 41 

St Clair county, his duty, 76 
bonds of, to be transmitted, 81 
to pay school commissioners, 81 
into State treasury, 81 

pay of, 82 

of Christian county, to receive 

certificates, 102 

shall collect and pay over 

school fund, 140 

pay specie on war- 
rants, 145 
may make affidavit, 145 
Colby, E. T.: See Roads. 
Cole, Calvin: See Appropriations. 
Commissioners: of deeds, in other States, 
to take acknowledg- 
ments of deeds, &c, 32 
to be valid in law, 33 
may administer oaths, 33 
false swearing before 
whom, how punished, 33 
Connelly, J.: See Appropriations. 
Constables: duty of, in certain cases, 4t> 
Constitution: of United States, resolution 
relative to amendment 
of, 172 
Convention: election of members, when 

and where held, 33 

duties of judges and clerks, 33 
number of delegates to, 34 

votes, how returned, 34 

certificates of election, 35 

place of meeting of, 
how organized, 35 

to be judges of their own 

privileges, 35 

proceedings of, how dispo- 
sed of, 35 
16 



Convention; amendments, how prepared, 
to be submitted to the peo- 
ple, 
may prescribe form and 
manner of voting on 
amendments, 
Governor to lay vote be- 
fore Legislature, 
duty of Legislature, 
false swearing, how pun- 
ished, 
duty of public printer, 
Conveyances: officers before whom ac- 
knowledgments may be 
taken, 
certificates of official 

character, 
entitled to record, 
of feme covert, valid, 
acknowledged in other 
states, may be used in 
evidence, 
Cosgrove, Daniel: See Roads. 
Couchman, D.: See Appropriations. 
Counties: Adams, a part of attached to 
Highland, 
Boone, attached to 7th circuit, 
Gallatin, assessment legalized, 
Hancock, assessment and col- 
lection of revenue in, 
Highland, created, 

election for county 

officers, 
county commission- 
ers ot, terms de- 
fined, 
poll-books, how re- 
turned, 
attached to Adamsfor 
judicial purposes, 
refusal to organize, 
effect of, 
Jo Daviess: See Courts. 
Kane and De Kalb, relating to 

common schools in, 
Livingston, attached to ninth 

circuit, 
Marquette, name of changed, 
Massac, term of court chan- 
ged, 
McHenry, legal voters of,may 

levy school tax, 
Menard, attached to first cir- 
cuit, 
Pike, attached to fifth circuit, 
Scott, to pay copyist, 
Shelby, attached to eighth cir- 
cuit, 
Washington, collection of tax- 
es in, 
to pay expenses. See Fugitives, 
keep roads in repair, 
County Commissioners: pay per diem, 

to furnish books, 



36 



35 



35 



37 

3? 
37 
37 



38 



38 
31 

75 

42 
38 

38 



38 
39 

40 
40 

158 

31 

38 

42 

158 

31 
31 
71 

31 

75 

101 
38 
69 



VI 



INDEX. 



County Commissioners' Courts : 

duty of, relative to convention, 33 
to make allowances: See Jails 

and Jailors, 
of Scott county, may obtain co- 
pies of records, 70 
Hancock county, duty of, 77 
duty of, relative to 
revenue, 78 
certain counties to assess tax- 
es, 85 
certain counties to appoint 

superintendent, ' 86 

pay laborers, 86 

duty of, 86 

of Christian co.topay accounts, 102 

6hall fix number of days' labor 

on roads, 111 

may lev)' tax, 1 ] 1 

appoint viewers on petition, 111 
shall approve bond of school 

commissioners, 120 

may remove school commis- 
sioner, 121 
require additional security, 121 
shall examine statement of 

school commissioner, 125 
be liable for neglect, 125 

Courts: time of holding in the first cir- 
cuit, 26 
changing times of holding, in 

the second circuit, 
explicitly denning the times of 

holding, in the fourth circuit, 30 
extending limits of fifih circuit, 

and fixing time of holding, 43 
times of holding in sixth circuit, 27 
times of holding in the seventh 

circuit, _ 27, 28 

changes in the seventh and ninth 

circuits, 27 

times of holding Cook county, 28 

Jo Daviess, 28 

Grundy, 28 

in the eighth 

circuit, 31 

Jo Daviess county, established, 42 

changing times uf commencing 

in Massac county, 42 

district established, 44 

proceedings of Will county, to 
be indexed, 70 

Crenshaw, John: See Public Debtors. 
Cunningham, Wm.: See Rivers. 
Currier, J.: See Appropriations. 

D. 

Damages: claimed for roads, how assess- 
ed, 101, 112 
for impairing roads, how pun 
iahed, 



Daisey, T. W.: See Appropriations. 
Davidson, I. G.: See Roads. 
Davis, Thomas: See Appropriations. 
Deaf and Dumb: further provisions for, 47 
Debaw, Robert: See Rjads. 
Debt: See State Debt. 

Deed: of Sangamon county, to State, 36 

recorded, declared valid, 40 

De Haven, W. J.: See Appropriations. 
Delinquent lists: See Revenue. 
Deming, Mrs. A. B.: See Appropriations. 
Donaldson, J. B.: See Appropriations. 
Dower: what shall constitute, 168 

duty of appraisers relative to, 168 
Dudley, Charles: See Appropriations. 
Dunn, J. E.: See Appropriations. 
Duncan, J. C: See Appropriations. 
Dunlap, James: See Insane Hospital. 
Dunlap, J. andS.: See Appropriations. 
Dunlap, Robert: See Roads. 

E- 

Eames, T. D.: See Appropriations. 
Eastin, Van S. See Roads. 
Edwards, Cyrus: See Historical Society. 
Eglington, John: See Roads. 
Elections: in Highland county, when 

and where held, 38, 41 

to amend law in relation to, 47 
Elms, Thomas: See Appropriations. 
Emmons, Charles D.: See Rivers. 
English, Nathaniel: See Insane Hospital. 
Engle, Michael: See Roads. 
Epperson, Thomas, jr.: See Roads. 
Erwin, Hus;h: See Roads. 
Estrays: relative to, 47 

Evans, Joshua: See Roads. 
Evans, L. D.: See Appropriations. 
Everett, C. & L. W.: See Appropriations. 



F. 



Fees: 



to 



of sheriffs, 

grand and petit jurors, 
clerks allowed book, 
Ferries: owners of, to pay moneys 
road directors, 
receipt of president sufficient 

license, 
to pay money to road supervi- 
sors, 
Fersruson, Duncan: See Roads. 
Fish, J. M.: See Roads. 
Foster, George: See Roads. 
Francis, Josiah: See Appropriations. 
Freeman, Hurst & Co,: See Appropria- 
tions. 
Fridley, Benjamin F.: See Roads. 
Fugitives: apprehension of, 
Fuller, E.: See Appropriations. 
Fulton, John R.: See Roads. 



48 
47 
83 

90 

90 

91 



48 



INDEX. 



G. 



Gallup, Benjamin: See Appropriations. 
Gatton, Benjamin F.: See Roads. 
Gillett, Bezeliel: See Insane Hospital. 
Gilson, George W.: See Roads. 
Goodrich, Horace N.: See Roads. 
Gouchenor, D.: See Appropriations. 
Goudy, Calvin: See Roads. 
Gould, Milton and Spencer: See Appro- 
priations. 
Governor: in conjunction with auditor 
and treasurer, to superin- 
tend completion of State 
house, 8 

to settle with Green B. Red- 
man, 9 
duty of, on calling out militia, 16 
duty of: See Convention, 
to appoint assessor and col- 
lector, on contingency, 40 
duty of, relative to district 

courts, 
to pay Wm. E. Armstrong 

and others, 49 

certain drafts, 50 

to refund certain moneys, 50 

and treasurer, to report: See 

Insane Hospital, 
to appoint commissioner: See 

Public Property, 
to settle with John Tillson, 67 
general powers of, 68 

to sell Northern Cross Rail- 
road, 109 
to make deed, 109 
sell Gallatin county salines, 114 
how notice shall be given, 114 
shall appoint agent, 115 
to receive bonds and issue cer- 
tificates, 161, 162 
to issue certificates to Lyon 

and Howard, 162 

may appoint agents, 162 

bonds to be surrendered to, 

and new to be issued by, 164 

duty of, relative to State scrip, 165 

Governor's house: to be repaired, 49 

Grimshaw, Jackson: See Appropriations. 

Guardians: to exhibit account, 58 

securities of, may be released, 58 

duty of probate court, 58 

H. 

Haggard, John: See Appropriations. 
Hamilton, Artois: See Appropriations. 
Hamilton, C. S.: See Appropriations. 
Hallan, Justin: See Appropriations. 
Hardin, J. J.: See Appropriations. 
Haskel, James: See Appropriations. 
Haverkluft, capt.. See Appropriations. 
Hawkins, Wm. H.: See Roads. 



Head, capt.: See Appropriations. 
Hennessy, Thomas W.: See Roads. 
Henderson, John: See Roads. 
Henry, John: See Insane Hospital. 
Hibbatd, D.: See Appropriations. 
Hickox, A.: See Appropriations. 
Hinman, Wm. A.: See Appropriations. 
Hobbs, Dr.: See Roads. 
Hockenhull, Rob't: See Appropriations. 
Hook, Cornelius: See Appropriations. 
Hood, John H.: See Roads. 
Hodges, J. C: See Roads. 
Holmes, Palmer: See Roads. 
Hope, James: See Appropriations. 
Hopkins, capt.: See Appropriations. 
Howe, George D.: See Roads. 
Howland, Nathaniel: See Roads. 
Historical Society: location of, and gen- 
eral powers, 51 

amount of real es- 
tate to be held, 51 

to have access to 
records, 51 

I. 

Illinois campaign of 1772-3: 

resolution upon the subject of claims 
growing out of, 172 

Ingersoll, Moses: See Appropriations. 
Insane Hospital: location of, 52 

persons incorporated, 52 
trustees to make by- 
laws, 52 
trustees to make ap- 
pointments, 52 
trustees to purchase 
land and erect build- 
ings, 53 
trustees shall report to 

Legislature, 53 

trustees shall give bond, 53 
duty of State treasurer, 53 
Governor and treasu- 
rer to report, 54 
superintendent, power 

of, 54 

admission of inmates, 54 
power of courts, 54 

duty of county com- 
missioners, 54 
duty of circuit court, 55 
privileges of Governor, 
judges, &c.j 55 



J. 



Jackson, capt.: See Appropriations. 
Jails and Jailors: to amend law in rela- 
tion to, 56 
duty of sheriff, 55 
commissioners' 
court, 5* 



INDEX. 



Jails andJailors: compensation to jailor, 
Jarboe, Harvey M.: See Roads. 
Johnson and Bradford: See Appropria- 
tions. 
Johnson, John E.: See Appiopriations. 
Johnson, Geo. M.: See Appropriations. 
Judicial Circuits: extending limits of 5th, 
changes in 7th and 9th, 
Boone county attach- 
ed to 7th, 
Livingston county at- 
tached to 9th, " 
Menard county attach- 
ed to 1st, 
Pike county attached 

to 5th, 
Shelby county attach- 
ed to 8th, 
Judges: salary of certain, increased, 
Justices of the peace and constables: 
transcript of judgment to be record- 
ed, 
transcript to be certified. 



55 



56 

56 

not entitled to costs in certain cases, 148 

K. 

Kendall, W.: See Appropriations. 
Kellur, Wm.: See Roads. 
Keye<, Thomas: See Roads. 
Key e<,. James W.: See Appropriations. 
Kimball, J. R.: See Appropriations. 
Kimbrough, Wm.: See Appropriations. 
King and Ball: See Appropriations. 
Knoules, George A.: See Roads. 



L. 



Land- 



when to be taxed, 
owners of, may work out road 
tax, 
Lake harbors: resolution relative to im- 
provement of, 
Lane, Wilson: See Appropriations. 
Lane, John: See Roads. 
Law s: resolution relative to binding of, 

printing, 
Latlii'op and Bancroft: See Appropria- 
tions. 
Leci'inpt, Isadore: See Roads. 
Jjjjvers, Joseph: See Roads. 
Leu ister, Hugh: See Rnads. 
Lik' . Robert A : See Appiopriations. 
Liti'r and Ray: See Appropriations. 
Loc vvood, Samuel D : See Insane Hos- 
pital. 
Lone;, Owen M.: See Insane Hospital. 
Loi g, Fred%: See Appropriations. 
Logan, John A.: See Roads. 
Lot •>: laws establishing, repealed, 
penally for keeping office, 
vending tickets, 
Lyo d Howard: See Governor. 



83 

112 
177 



177 

178 



M. 

Marriage: law in relation to, amended, 57 
ministers may solemnize, 57 

Manly, Uriah: See Appropriations. 
Marshall, John: See Appropriations. 
Mathews, J. B.: See Appropriations. 
Mason, James: See Roads. 
Mc Adams, Wm.: See Roads. 
Macalister and Stebbins: See State Debt. 
McCroskey, James: See Appropriations. 
Mc Curdy, Wm,: See Roads. 
McDonald, R. H.: See Appropriations. 
McQuary, Allen: See Appropriations. 
McLemore, John: See Roads. 
Me Henry, Harvey: See Roads. 
Medcalf, W.: See Appropriations. 
Merryman, E. H.: See Appropriations. 
Mexican war; resolutions relative to, 174, 181 
Morton, Joseph: See Insane Hospital. 
Morrow, R. G.: See Roads. 
Myatt, Alexander; See Roads. 
Mills and millers: relative to privileges, 57 
Ministers: See Marriage. 
Mitchell, R. H.: See Appropriations. 
Mockbee, Thomas; See Appropriations. 

N. 



Names changed; circuit court have pow- 
er, 
notice to be given, 
to apply to minors, 

Neeley, J.: See Appropriations. 

Norris, George A.: See Roads. 

Nye, John P.; See Appropriations. 

0. 

Oregon: resolutions instructing our sen- 
ators, &c, relative to, 
Orphans and minors: guardians of, to ex- 
hibit account un- 
der oath, 
form of oath, 
contents of account, 

P. 

Partnership; limited, may be formed, 
of whom composed, 
form of certificate, 
certificate to be acknow- 
ledged and filed, 
affidavit, 

terms of, to be published, 
printer to file affidavit, 
restrictions, 
suits, how prosecuted, 
when dissolution may take' 
place, 

Paxton, Newton: See Roads. 

Peck, J. M.: See Historical Society. 



57 
57 
58 



m- 



58 
58 
58 



60 
60 
60 

60 
61 
61 
61 
61 
62 

62 



INDEX. 



IX 



Pedlers: penalty after license expires, 82 
Penitentiary: additional cells and im- 
provements to be made, 64 
duty of inspectors of, 64 

work to be estimated, 65 

warden to preserve record, 66 
physician to report, 66 

clothing to be furnished, 66 
divine service, 66 

chaplain's pay, 66 

city powers, 66 

warden to keep account, 66 
Sabbath service, 67 

provision for books, 67 

Pennoyer, Hyrum: See Roads. 
Peibler, M. F.: See Appropriations. 
Perce, Wm. L.: See Governor. 
Pool, Guy: See Roads. 

Pope, lieut.: resolutions voting thanks to, 173 
resolution authorizing pres- 
entation of sword to, 179 
Post office at Springfield: resolution rel- 
ative to, 171 
Practice: what facts may be pleaded, 62 
instructions to be in writing, 63 
duty of judge, 63 
jury shall return instructions, 63 
Prentice, Joseph G.: See Roads. 
Presson, W.: See Appropriations. 
Printers: pay of, for advertising lands, 82 
Probate justices: duty of. See Guardians. 

to give notice, 63 

may remove administra- 
tor, 63 
oath of, in certain cases, 64 
Property: what taxable in Highland 

county, 40 

Public debtors: Jno. Tillson, discharge of, 67 
duty of Governor, * 67 

attorney gene- 
ral, 67 
to allow John Crenshaw 
to liquidate his indebt- 
edness, 68 
extending privileges to 
administrators of T. 
Guard and B. White, 69 
Public lands: resolution, instructing our 
senators, &c, to procure 
grant of, 182 
resolution, instructing our 
senators, &c, on the 
subject of cession of, 176 
Public printer: duty of. See Conven- 
tion, 
to p^int and distribute 

road law, 113 

to print school law, 149 

Public property: Cnrmi mills to be sold, 59 
New Haven mills to be 

sold, 59 

notice to be given by 
auditor, 59 



Public property: how sold, 59 

Governor to appoint 

commissioner, 59 

limitations, 59 

Pulley Wm.: See Roads. 



Q. 



Quincy: city of, made school district, 150 
city council to appoint superin- 
tendent of schools, 151 
school funds of, how appor- 
tioned, 151 
real estate, how apportioned, 151 
funds to be delivered to, 152 
city council to report to school 
commissioner, 152 

R. 

Railroads: Northern Cross, a portion of 

declared a State road, 103 

Northern Cross, to be sold, 109 
where sold, 109 

manner of sale, 109 

privileges and liabilities of 

company purchasing, 110 

change of location, 110 

resolution relative to, from 
lake Michigan to the Pacific 
ocean, 177 

Rail, John E.: See Appropriations. 
Randolph, W. H.: See Appropriations. 
Randall, A.: See Geological Survey. 
Ranging service : resolutions concerning 
pensions to persons 
employed in, 181 

Rawlings, J. D.: See Appropriations. 
Recognizances: to provide for forfeited, 74 
fines, &c, how paid, 74 

Recorders: required to keep index, 69 

books to be furnished, 69 

of Morgan county, to certify, 7 1 
of Will county, to transcribe 

records, 72 

of Cook county, to compare, 72 
Records: to be indexed, 69 

of Kendall county, to be in- 
dexed, 71 
of Peoria county, 71 
of Greene, Will and Pulaski 
county, to be transcribed, 72 
Redman, Green B.: See Governor. 
Relief: of persons aggrieved, 80 
Revenue : to provide for collection of, in 

Washington county, 75 

part of law relative to, in Han- 
cock county, repealed, 78 
lands to be taxed for, 83 
Reynolds, T. N.: See Appropriations. 
Richardson, William A.: See Appropri- 
ations. 



INDEX. 



Right of property: trial of, not to be pre- 
judiced, 84 
Riots : to be suppressed, 84 
punishment for, 84 
bail, may be given, 85 
Rivers and creeks: to improve navigation 

of Embairass, 83 

Wabash, improvement 

of, 86 

directors to su- 
perintend, 86 
officers to be 
elected, and 
duties, 87 

Mississippi, resolution 
relative to improve- 
ment of, 177 
Great Wabash, resolu- 
tion relative to im- 
provement of, 179 
Roads: from Decatur, in Macon county, 
to Edwardsville, in Mad- 
ison county, 88 
commis'ers appointed, 88 
duty of commis'eis, 88, 89 
in Illinois bottom, improvement 

of, 89 

associations for, how form- 
ed, 89, 90 
labor on, how performed, 91 
Darwin, Charleston and Spring- 
field, part of location changed, 91 
from Marshall's grove, in Coles 
county, to Sullivan, in 
Moultrie county, 92 
Sparta, in Randolph county* 
to Ferrill's, in Union 
county, 93 
Salem, in Marion county, to 
Greenville, in Bond coun- 
ty, 93 
Equality, in Gallatin coun- 
ty, to Marion, in Wil- 
liamson county, 95 
Rockford, in Winnebago 
county, to Ottawa, in La 
Salle county, 95 
Astoria to Lewiston, in Ful- 
ton county, 95 
Bridgeport and Newberry 
Ianding to Pittsfield, in 
Pike county, 95 
Bridgeport, in Scott county, 
to Wilmington, in Greene 
county. 95 
O. Harrison's, in Monroe 
county, to Prairie du 
Pont, in St. Clair county, 96 
Blackberry bridge to bridge 
on Big Rock creek, in 
Kendall county, 96 
LaSalle, in LaSalle county, 
to Savanna, in Carroll 
county, 96 



Roads: from LaSalle, in LaSalle county, 
to Grand de Tour, in Ogle 
county, 96 

Chicago to Rockford, 96 

Bloomington, in McLean 
county, to Spring Bay, 
on the Illinois river, 96 

Kaskaskia to St. Louis, 97 

Beardstown to the Missis- 
sippi river, on the fourth 
principal meridian, 97 

Moses C. Mathewson's to 
William McCurdy's, in 
Fulton county, 97 

Sprinefield, in Sangamon 
county, to Liverpool, in 
Fulton county, 97 

Liverpool to Canton, in 
Fulton county, 97, 105 

Massac county line, on the 
third principal meridian, 
to LaSalle, in LaSalle 
county, 98 

LaSalle to third principal 
meridian, in LaSalle 
county, 98 

Bloomington, in McLean 
county, to Farmington, 
in Fulton county, 98 

Lewiston, in Fulton coun- 
ty, to Petersburg, 99 
certain, to be re-located by Geo. 

H. Norris, 99 

in DuPage and Kane 
counties, 99 

part of Wabash and Shelbyville 

vacated, 99 

from Lacon, in Marshall county, 
to intersect the Peru and 
Lalayette, 100 

Edwardsville, in Madison 
county, to Decatur, in 
Macon county, 100 

Spring Bay, in Woodford 
county, to Hennepin, in 
Putnam county, 100 

Havanna, in Mason county, 
to Cane creek, 101 

Ottawa to Peru, in LaSalle 
county, 102 

Fox river, in Kane county, 
to Rock river, 102 

Batavia, in Kane county, to 
David Bennett's, in Du 
Page county, 103 

Rockford, northerly, to the 
State line, 103 

certain, laid out in Lake county, 

legalized, 104 

from Bath, in Mason county, to 
Waverly, in Morgan 
county, 104 



Roads ; from Knoxville, in Knox county, 
to Macomb, in McDon- 
ough county, 105 

Springfield to Alton, 106 

Cairo to Jonesboro', part 

vacated, 107 

Equality to Marion, 107 

Jacksonville to Alton, 107 

Worcester, in McDonough 
county, to Hancock coun- 
ty lino, 103 
certain laws locating and vaca- 
ting repealed, 108 
tax for, may be levied, 111 
how applications may be made 

for locations, 1 1 ' 

exemptions from labor on. 112 

landowners may work out fax, 112 
certain sections of laws of 1841 
re-enacted, 113 

Road commissioners : duty of, 101 

compensation of, 101 
to be sworn, 102 

Robb, Mathew : See Roads. 
Robinson, James M.: See Roads. 
Roberts, Livingston : See Roads. 
Ropers, H. C: See Roads. 
Rollason, W. H.: See Appropriations. 
Rose, F. B.: See Appropriations. 
Russell, James : See Roads. 



s. 



Schools, common: 



Salines : 


Muddy reservation, how vested, 


113 




proceeds of, how expended, 


113 




agent appointed, 


113 




agent shall give bond, 


113 




Gallatin reserve to be sold, 


114 




to be appraised 






by commis- 






sioners, 


114 




separate sales 






authorized, 


114 




agent to report 
to auditor, 


115 


Scarritt, 


Lieut.: resolution voting thanks 






to, 


173 




resolution authorizing 






presentation of sword 
to, 


179 


Schools 


, common : to establish and main- 






tain, 


119 




secretary of State to 






be superintendent 






of, 


120 




superintendent of, 






his duties defined. 


120 




superintendent of, 






shall report to 






Governor, 


120 



report of superinten- 
dent to be laid be- 
fore the General 
Assembly, 120 

commissioner of, 
shall provide 

books, 121 

commissioner of, to 
give bond and form 
Sf, 121 

township treasurer 
for, to keep mo- 
neys, &c, 122 

funds of, how appor- 
tioned, 123 

school commissioner 
to be county su- 
perintendent of, 122 

school commissioner, 
his duties defined, 122 

trustees of, shall di- 
vide and value 
lands, 12:; 

trustees of, shall plat 
lands and deliver 
certificates to com- 
missioner, 124' 

lands of, how sold, 124 

lands of, place and 
manner of sale, 12;> 

superintendent of, to 
report to commis- 
sioners' court, 1*25 

superintendent of, to 
report to auditor, 125 

trustees of, how and 
when elected, 120, 127 

funds of. when to be 
distributed, 128 

trustees of, to ap- 
point treasurer, 12s 

trustees of, to lay ofT 
districts, 125! 

trustees of. to exam- 
ine teachers, 13fl 

trustees of, to give 
certificates to 

teachers, 130 

trustees of, may pur- 
chase real estate 
on judgment, 131 

trustees of, may re- 
quire additional se- 
curity, 133 

directors of, their 
election, 135 

directors of, shall 
purchase libraries, 135 

directors of, shall 
employ teachers, 135 

directors of, to visit 
schools, 136. 



XII 



INDEX. 



Schools, common : directors of, to ex- 
amine schedules, 136 
directors of, to make 

certificates, 136 

directors of, shall re- 
turn census to 
township treasu- 
rer, 137 
directors of, shall 
have power to re- 
ceive scholars from 
other districts, 137 
directors of, shall 
meet and distrib- 
ute funds on hand, 138 
directors of, shall 
have power to re- 
move treasurer, 139 
directors of, shall ap- 
point treasurer, 139 
his duties defined, 

139, 140, 141 
teachers of, how 

qualified, 142 

teachers of, shall 

keep schedules, 142 
form ot schedule, 143 
schedule to be certi- 
fied, &c, 144 
compensation of offi- 
cers, 148 
liabilities of officers, 

120, 121, 147 
real estate bound, 147 
costs, when not to be 

charged, 147 

law, how to apply, 
and acts repealed, 147 
School commissioners : 

election of, 120 

to report to cashier of 

State Bank, 21 

fines to be paid to, 74 

of LaSalle county, to 

sell land, 117 

shall execute bond, 121 
form of bond, 121 

contest of election, 

how decided, 121 

vacancy, how filled, 121 
may be removed, 121 

may be required to ex- 
ecute new bond, 121 
shall provide books, 121 
what recorded therein, 121 
. how paid for, 121 
shall receive and file 

bond, 122 

deliver to treasu- 
rer all moneys, 
Sec, 122 

take receipt 

therefor, 122 

apportion funds, 122 



School commissioners : 

shall be ex-officio coun- 
ty superintend- 
ent, 122 
duties as such, 122 
deliver all tosuc- 

cessor, 123 

notify trustees of 
petition to sell 
lands, 123 

be governed by 
plats and certi- 
ficates in ad- 
vertising and 
selling, 123 

may loan purchase mo- 
ney, on what condi- 
tion, 124 
to advertise lands, how, 124 
to sell lands, 124 
holder failing to com- 
ply, lotto be offered 
again, 124 
may sue for default, 124 
may sell at private sale, 

when, 125 

order of vacation, how 

entered, 125 

to sell accordingto sec- 
ond valuation, 125 
record sale, and give 

certificate, 125 

report to county com- 
missioners' court, 125 
report to auditor, 125 

deliver patent to pat- 
entee, 126 
liability of, 120, 121, 147 
of Jo Daviess county, 
to distribute school 
fund, 155 
School Districts : how formed, 129 
out of parts of two or 

more townships, 129 

may be changed, 129 

library for, 135 

census of, 137 

may receive other 

scholars, 137 

may send to other dis- 
tricts, 137 
Shelbyville may elect 

directors, 152 

a certain, in Cook 

county, established, 153 
village of Prairie du 

Pont, 156 

certain, in Winnebago 
county, authorized 
to levy tax, 156 

legal voters of, number 
1, township, 35 north, 
ranpe 11 east, of 3d 
principal meridian, 
to vote for tax, 159 



INDEX. 



Xlll 



School Directors i 



election of, when, 135 
term of, 135 

judges and clerk, 135 
tie, how decided 135 

majority, quorum, 135 
may purchase libra- 
ries, 

may execute will of 
inhabitants, how 135 
employ teachers, 135 
may hold books do- 
nated to library, 
to whom loaned, 
no compensation to 

librarian, 
shall visit school, 
shall supply fuel and 

furniture, 
shall see that sched- 
ules are correctly 
kept, 
shall examine sched- 
ules, 
shall certify them, 
shall certify that 
teacher exhibited 
certificate before 
employment, 
shall certify that it 
was an English 
school, 
form of certificate, 
when schedule de- 
livered by direc- 
tors to treasurer, 136 
shall return census 
to township treas- 
urer, 137 
when trustees of 

schools shall do it, 137 
failing to make re- 
turn, or making 
false one, penalty 
for, ' 137 

shall call meeting, on 

request, 137 

may receive scholars 
from other '!ia- 
Iricts, 137 

of both districts con- 
senting, entitled 
to fund, 137 

form of certificates, 137 
shall meet quarterly, 138 
shall distribute funds, 

how, 138 

shall subscribe or- 
ders for distribu- 
tion, 138 
vacancy, how filled, 138 
tie, how decided, 139 
may remove district 
treasurer, 139 



135 



136 
136 

136 
136 

136 



138 

136 
136 



136 



136 

136 



School Directors : may appoint one of 
their number trea- 
surer, 139 
shall give notice of 

meeting, 146 

of Logan county, 

acts of legalized, 149 
of number four, 
township thirty- 
six, range two 
east, may ex- 
change lots, 152 
of number 1, town- 
ship 43, range 8 
east, may levy tax, 157 
of Kane and DeKalb 
counties, author- 
ized to levy tax, 158 
School District Treasurer : 

shall give bond to 

trustees of schools, 139 
form of bond, 139 

shall certify to county 
commissioners' cl'k, 
abstract of votes, 
amount of tax lev- 
ied, 139 
shall demand and re- 
ceive amount from 
collector, 139 
shall receipt to collec- 
tor for amount re- 
ceived, 140 
shall provide books, 140 
what to be recorded 

and how, 140 

books subject to in- 
spection, , 140 
shall preserve sched- 
ules, 140 
shall certify to town- 
ship treasurer, dis- 
trict indebtedness, 
when, 140 
certificate to contain, 

what, 140 

form of certificate, 140 
shall apply and receive 

district funds, 141 

shall lay before direc- 
tors statement of 
funds on hand, when, 141 
shall exhibit receipt of 

teachers, 141 

shall pay funds accord- 
ing to distribution, 141 
shall give teachers or- 
ders on patrons, 
when, 141 

form of order, 141 

shall take receipt tor 

money paid, 141 

liable on his bond, 141 



School District Treasurer: 

liable to removal, 

sue trustees of schools, 

when, 
deliver over to succes- 
sor, 
penalty for failing, 
School Funds : of Marquette county, to 
whom paid, 

of Tazewell county, how 
distributed, 

for equitable division of, 
in Effingham and Clay 
counties, 

for equitable division of, 
in Washington and 
Clinton counties, 

for appointment of, in 
Ogle county, 

to be distributed to town- 
ships, 

to be distributed to dis- 
tricts, 

to be distributed to teach- 
ers, 

to be distributed to coun- 
ties, 

depreciated, how dis- 
posed of, 

for the equitable division 
of, in Effingham and 
Clay counties, 

resolution relative to per 
centage of, 
School Lands : to legalize sale of, 

to refund taxes on, 

what are, 

lying in two counties, 
where business done, 

penalty for trespass on, 

trespasser, liability to in- 
dictment, 

penalties, to whom pay- 
able, 

petitions for sale of, to 
be recorded, 

plat and valuation of, to 
be recorded, 

account of sales of, to be 
kept, 

inhabitants may petition 
for sale of, 

how signed, 

verified by affidavit, 

limitation on sale of, 

how divided, 

value of affixed, 

plat and certificate to be 
delivered to school 
commissioner, 

no lot to contain more 
than 80 acres, 

may be divided into town 
lots, 

terms of sale of, 



PAGE 



142 

142 

142 
142 

39 

41 



115 



115 
116 
122 
128 
138 
145 
146 

154 

180 
117 
117 
119 

119 

119 

119 

119 

121 

121 

122 

122 
122 
123 
123 
123 
124 



124 

121 

124 
124 



School Lands: place and manner of sale, 124 
how advertised, 124 

may be sold private sale, 125 
may be re-valued and 

sold accordingly, 125 

purchaser of, entitled to 

certificate, 125 

purchaser of, entitled to 

patent, 126 

resolution relative to, 180 

resolution asking Con- 
gress to donate, for the 
establishment of libra- 
ries, 182 
School Teachers : shall exhibit certificate 

before employment, 142 
shall keep schedules, 142 
to contain, what, 142 

form of schedule, 143 

how closed and certi- 
fied, 144 
verified by affidavit, 144 
form of certificate, 144 
shall append to sched- 
ule consent of direc- 
tors, 144 
shall deliver schedule 

to directors, 144 

closed and presented, 

when, 144 

shall credit scholars 

with fund, 144 

may receive order, in 

lieu of funds, 144 

qualifications of, 149 

School Townships : what is, for school 

purposes, 126 

how incorporated, 126 
School trustees: to report to cashier of 

State Bank, 21 

of town. 9 s., range 7, 
east, may purchase 
lands, 114 

shall make plats, &c, 123 
may vacate valuation, 

and re-value, 125 

body corporate, with 

power to sue, &c, 126 
term of, 126 

who eligible, as, 126 

election of, notice of, 

when, by whom, 126 

election may be post- 
poned, 126 
school commissioner 

may be adopted, as, 127 
judges of election, 127 

time and manner of, 127 
who may vote; tie, how 
decided ; vacancy, 
how filled, 127 

poll-book certified and 

delivered, 127 

successors to whom, 127 



INDEX. 



XV 



School trustees: what property shall vest 

in, and how, 128 

shall meet quarterly, or 

oftenT, 128 

shall apportion what 

funds, and how, 128 

shall order collection of 

funds due, 128 

shall appoint treasurer, 

and take bond, 128 

form of bond, 129 

shall cause all money to 

be paid to treasurer, 129 
may remove treasurer, 129 
sue treasurer, 129 

shall perform duties of 
directors, when, 129, 135 
137 
shall lay off districts, 129 
define boundaries, 129 
file them ; with 
whom, 129 

shall keep funds, 129 

purchase and hold 
real estate, 129 

shall adopt by-laws, 130 
may form districts out 

of parts of townships, 130 
may change districts, 130 
shall examine teachers, 

and o-ive certificates, 130 
form of certificate, 130 

may purchase real estate, 130 
general power to make 

settlements, 136 

may lease or sell lands, 131 
liability of, 145 

acts of certain, in Win- 
nebago county, legal- 
ized, 157 
Schwindler,Jno. B.: See Appropriations. 
Secretary of State: to attend meeting of 

convention, 35 

duty of, relative to 

Governor's house, 50 
to furnish documents, 51 
cx-officio superinten- 
dent of common 
schools, 120 

duties of, as such, 120 
duty of, as State libra- 
rian, 160 
Seehorn, James M.: See Appropriations. 
Simpson, Alex'r: See Appropriations. 
Shaw, Fordyce: See Roads. 
Sheriff; duty of. See Jails and Jailors, 
of Washington dounty, to sell 

lands, 75 

of Hancock; power of, 77 

to give bond, 78 

Sherwood, Actiel: See Historical Soci- 
ety. 
Shoemaker, Hamond: See Roads. 
Smith, James S.: See Records. 



Smith, Mrs. E.: See Appropriations. 
Smith, J. & Co.: See Appropriations. 
Smith, Warren: See Roads. 
State debt: to be refunded by Governor, 161 
certificates for, to be issued, 161 
interest on, how settled, 162 
coupons not to be is- 
sued, 162 
certificates transferable, 162 
to diminish, by settlement 
with Macalister and Steb- 
bins, 163 
State scrip to be funded, 165 
resolution relative to fund- 
ing of, 179 
Spicer, James H.: See Roads. 
Springer, Francis: See Geological Sur- 
vey. 
State library: secretary of State, [ex-officio 

librarian, 160 

certain volumes in, to be 

sold, 160 

proceeds of, how applied, 160 
Stephenson, L. C.: See Appropriations. 
Stephenson, B. F. and F.: See Appropri- 
ations. 
Stephens, Joseph: See Appropriations. 
Stevens and Trenchery: See Appropria- 
tions. 
Streets: Main, in Quincy, extended, 100 

Supervisors of roads: their duties, 112 

shall distribute 
labor, 112 

Sutphin, Charles H.> See Roads. 
Swigleton, Thomas: See Roads, 



T. 



Taxes: special, to be levied, 53 

may be levied on lands, 83 

special, in town of Ottawa, 118 

how levied for school purposes 

in Iroquois county, 149 

certain school district in Will 

county may levy, 153, 156 

certain school district in Cook 

county may levy, 153 

legal voters of McHenry county 

may levy special, 158 

school directors in Kane and Mc- 
Henry counties may levy, 158 
of tenants in common, how paid, 166 
Taylor. E. D.: See Appropriations. 
Taylor and Rand: See Appropriations. 
Tenants in common: may pay taxes ac- 
cording to inte- 
rest, 166 
may redeem indi- 
vidual interest, 166 
Tetrick, Burrell: See Roads, 
Thompson, H. N.: See Appropriations. 
Thomas, Jesse B.: See Historical Soci- 
ety. 



INDEX. 



Thomas Win.: See Insane Hospital. 
Tillson, John: See Public Debtors. 
Tinsley, S. M. & Co.: See Appropria- 
tions. 
Tinsley, N.JjP. &;Co.: See Appropria- 
tions. 
Town plats: may be vacated, 166 

county seats, how effect- 
ed, 167 
Towns: for relief of inhabitants of, 74 
trustees of Ottawa, relative to 

cemetery, 118 

Shelbyville may elect school di- 
rectors, 152 
incorporated, for relief of, 167 
Trabue, R.: See Appropriations. 
Treasurer of school townships: 

shall give bond, 129 

form of bond, 129 

shall provide books, 131 

what to be recorded, and how, 131 

books subject to inspection, 131 

shall keep account of notes, bonds, 

&c, 131 

form of account, 131 

shall loan, and how, 131 

obligations, to whom payable, 131 

suits, how brought, 132 

payable in other name, still valid, 132 
wife of mortgagor shall join, 132 

form of mortgage, 132 

shall be acknowledged and recorded, 132 
mortgages in other form, valid, 132 

improvements not to be valued, 132 

additional security refused, shall sue, 133 
in payment of debts, school fund to 

have preference, 133 

shall have them classed, 133 

default in payment, what interest, 133 
may sue for interest only, 133 

suits, how brought, 133 

shall demand, receive, and keep 

moneys, books, papers, &c, 133 

shall keep township funds loaned at 

interest, 133 

what surplus shall become principal, 

and loaned as such, 133 

shall lay before tiustees abstract of 

census, 133 

shall lay before trustees certificate 

of district treasurer, 133 

shall lay before trustees amount of 

funds on hand, amount due, 133 

shall lay before trustees all booksj 

notes, bonds, &c, 133 

shall furnish school commissioner 

with census, 134 

shall act as district treas'r, when, 134, 135 
shall give notice for election of school 

directors, 134 

liable for failure, and exception, 134 

sue district treasurer, for what, 134 

school directors, for what, 134 



Treasurer of school townships: 

ex-ojficio township superintendent; 

duties, 134 

term of service, 135 

may be removed, 135 

shall deliver to successor, 135 

liable for failure, how, 135 

liability, 134, 145, 146 

Treasurer of State: 

duty of: See Insane Hospital. 

report of, 229 

Tucker, M. A.: See Appropriations. 

Tullis, G.: See Roads. 

Turner, John L.: See Roads. 

Turner, Moses: See Appropriations. 

Turner, J. B.: See Historical Society. 

Tuyle, A. V.: See Appropriations. 

Tweed and Freeman : See Appropria- 
tions. 

V. 

Villages: Prairie du Pont formed into a 

school district, 155 

inhabitants of, to elect trus- 
tees and commissioners of 
schools, 155 

incorporated for school pur- 
poses, 155 
Viewers of roads: duty of, 112 

w. 

Wallace, W. S.: See Appropriations. 

Wait, George W.: See Roads. 

Warren, W. B.: See Appropriations. 

Warren, P.: See Appropriations. 

Weber, John B.: 9, 20 

Weber, George R.: See Appropriations. 

Webscer, B. C.: See Appropriations. 

Weights: standard of coal fixed, 168 

Wells, W. R.: See Appropriations. 

Wheeler, Abrah: See Roads. 

Whittlesey, Charles: See Geological Sur- 
vey. 

Wickersham, Josiah : See Appropria- 
tions. 

Williams, Mrs. H.: See Appropriations. 

Wilson, Isaac: See Appropriations. 

Wilson and Williams : See Appropria- 
tions. 

Wilson, Joseph: See Roads. 

Wilson & Co.: See Appropriations. 

Wilson, Wm.: See Roads. 

Wilcox, Stephen: See Roads. 

Wilcox, Elijah: See Roads. 

Wilcox, Levi: See Roads. 

Wills: amending law relating to, 168 

Wills, Robert: See Roads. 

Windell, John: See Roads. 

Wollaston, Abraham: See Roads. 

Worsley,Tho's D.: See Appropriations. 



S 



INDEX. 



xva 



Worthen, Joseph: See Appropriations. 
Worthington, A. M.: See Roads. 
Wright. Hickerson: See Roads. 
Wright, J no. S.: See Geological Survey. 



Y. 

Yoiinp - . John M.: Sep Appropriations. 
Young, Timothy II.: See Appropriations. 



Ekhatum.— In the "Act to establish the Illinois State Hospital for the Insane," 
page 52, seventh line from the bottom, for two read ten